Van Heusen ‘Pro
Football Hall of Fame Enshrinement’ Sweepstakes
OFFICIAL RULES
NO PURCHASE OR TEXT NECESSARY TO
ENTER OR WIN. A PURCHASE OR TEXT DOES
NOT IMPROVE YOUR CHANCES OF WINNING. THE
FOLLOWING SWEEPSTAKES IS VALID IN THE UNITED STATES AND
SWEEPSTAKES NAME: Van Heusen ‘Pro Football Hall of Fame Enshrinement’
Sweepstakes (the “Sweepstakes”).
SWEEPSTAKES DATES: Sweepstakes registration is
scheduled to begin at 12:00 am Eastern Time (ET) on November 5, 2010 and ends at 11:59:59 pm (ET) on February 3, 2011 (the “Registration
Period”). Sweepstakes is subject to all applicable federal, state and local laws
and regulations. Void outside the 50
United States, and where prohibited or restricted by law.
ELIGIBILITY – WHO MAY
ENTER: Sweepstakes is open only to legal residents
of the 50 United States and District of Columbia who are age 18 or older as of
date of entry, and have a valid U.S. driver’s license, except the following
persons who are not eligible to enter or win:
(a)
Employees,
officers, and directors of Phillips-Van
Heusen Corporation (“Sponsor”), the PHOFE
Parties (as defined below), SmartReply,
Inc., Million Dollar Media, LLC (the “Sweepstakes Administrator”),
participating Van Heusen retailers, each of their respective franchisees,
parents, affiliated companies, subsidiaries, distributors, printers,
advertising and promotion agencies, and any and all other companies associated
with the design or execution of this Sweepstakes (collectively, “Released
Parties”), and the members of the immediate families or households, whether or
not related, of any of the above. “Immediate family members” includes, for
purposes of this promotion, parents (including in-laws), grandparents, siblings
(including step-siblings), children (including step-children), grand children
(including step grand children) and each of their respective spouses,
regardless of where they reside.
(b)
Individuals
who are unable or unwilling to travel to Canton,
OH between the dates of August 4, 2011 – August 8, 2011 to attend the Pro
Football Hall of Fame Enshrinement Weekend.
HOW TO ENTER –
1.
Text: During the Registration Period, you may enter the
Sweepstakes if you are in possession of a Short Message Service (SMS) capable
device with an eligible text plan. Text
entry may not be available through all wireless carriers (see below). Enter the Sweepstakes by sending a text
message to the designated short code (54989)
with the designated key word (
2.
On-Line: To enter via on-line entry, visit www.vanheusen.com/sweeps during
the Registration Period and complete the registration page. Each participant must fully complete the
registration page with all required information including his/her name, zip
code, valid email address, and phone number(s) (including area code(s)). By entering, you agree to receive
future email communications from Van Heusen, Phillips-Van Heusen Corporation;
you may opt-out at any time without affecting your entry. Entries become the
property of Van Heusen, Phillips-Van Heusen Corporation and will not be
returned. Collection and use of information collected in the Sweepstakes will
be in accordance with Sponsor’s Privacy Policy as posted on www.vanheusen.com/sweeps.
After having read and agreed to these official rules (“Official Rules”), click the submit button to submit your on-line entry. All on-line entries must be fully complete with
all required information, and must be received by 11:59:59pm ET on 2/3/2011 to be eligible. Maximum of one on-line entry per person and
per valid email address. Any on-line
entry submitted with an invalid email address will be disqualified.
3.
Toll Free: To enter without texting,
participants may call (800) 368-2188
from any phone line to enter the Sweepstakes. All phone line entries must be
received by 11:59:59pm ET on 2/3/2011 to be eligible.
MAXIMUM OF ONE ENTRY
PER PERSON OR ELIGIBLE PHONE NUMBER OR EMAIL ADDRESS DURING SWEEPSTAKES
REGISTRATION PERIOD, REGARDLESS OF ENTRY METHOD. Participating wireless carriers for
eligible text entry include: Alltel, AT&T, Boost Mobile,
Cellular One, Nextel, Sprint,
IMPORTANT: Each participant who submits a text entry may
receive an invite to become a member of the Van Heusen mobile club. Van Heusen will send information about future
contests and promotions, or special sales or offers directly to the mobile
phone used to submit the text entry. Message
and data rates may apply. To opt
out: text STOPVH to 54989, call (800) 368-2188. Termination shall become effective at the end of the billing
period in which you gave your notice of
termination. Entrants may opt-out of any further email communication at any time by
simply replying REMOVE to any email message, or following the provided opt-out
instructions. Visit http://vanheusen.com/sweeps for privacy policy.
Any incomplete or illegible entries will be
disqualified. Released Parties are not
responsible for lost, late, misdirected, incorrect, illegible, incomplete,
invalid, unintelligible, damaged, or for entries submitted in a manner that is
not expressly allowed under these rules, or for any
entry not submitted or received due to any technical error or failure, human
error, unauthorized human intervention, inaccurate capture or mis-entry of any
required information, failures, omissions, interruptions, deletions, or
defects of any cell phone provider, network computer online systems, computer
equipment, servers, or software, including any injury or damage to
participant’s or any other person’s computer relating to or resulting from
participation in this Sweepstakes; or the failure to
capture any such information or effects of hackers or failure of any electronic
equipment, computer or cellular transmissions and/or network connections; all
of which will be disqualified.
Each participant must submit an entry on his/her
own behalf. Any entry submitted on
behalf of another individual or using another person’s mobile number or email
address will be disqualified and ineligible to claim any prize. No mechanically reproduced or automated
entries permitted. Use of any automated
system to participate is prohibited and will result in disqualification and all
such entries will be deemed void. False and/or deceptive entries or
acts, including misrepresentation of age, shall render such entries
ineligible.
In the event of a dispute as to the participant associated with
any text-entry, the authorized account holder of the mobile phone used to enter
will be deemed to be the registrant and he/she must be eligible according to
these Official Rules. The “authorized
mobile phone account holder” is the natural person listed on the account by the
cellular service provider, associated with the mobile phone number used to
submit the text entry.
In the
event of a dispute as to any participant associated with an on-line entry, the
authorized account holder of the e-mail address used to enter will be deemed to
be the participant and he/she must be eligible according to these Official
Rules. The “authorized account holder” is the natural person assigned an e-mail
address by an Internet access provider, online service provider or other
organization responsible for assigning e-mail addresses for the domain
associated with the submitted address.
By entering Sweepstakes, you affirm that you have read and
accepted these Official Rules. The laws
of the
WINNER SELECTION &
NOTIFICATION: On or about February 4, 2011 a random drawing shall be conducted from among all
eligible entries received from all entry methods combined to select a total of one
(1) potential grand prize winner (see grand
prize description below). Odds of
being selected as a potential grand prize winner are dependent upon the total
number of eligible entries received from all entry methods combined. Decisions of the Administrator in the selection
and determination of prize winner and all matters relating to this Sweepstakes
are final and binding in all respects.
The selected potential grand prize winner will be notified
initially by phone beginning on or about February
6, 2011. If the Administrator is
unsuccessful in its attempt to reach and speak directly with the selected potential
prize winner by phone after 3 attempts over a 72-hour period, to the phone
number listed on that participant’s entry, then that participant may be
disqualified, and at Sponsor’s sole discretion, an alternate potential grand prize
winner may be randomly selected from among the remaining eligible entries and
notified as per the procedures outlined above (time permitting). Messages will not be left for any potential
selected grand prize winner in the phone call notification process.
During the prize winner notification phone call, the
potential winner must confirm their eligibility. If the selected participant does not meet the
eligibility requirements, or elects to decline the prize, s/he will be
disqualified and, at Sponsor’s discretion and time permitting, an alternate
winner will be randomly selected from among all remaining eligible entries and
notified as per the procedures outlined above.
Any disqualified participant will not receive any alternate prize
substitution or compensation.
All of the following will apply for each prize winner: 1)
Winner will be required to complete and return, within 5 days of date of
receipt, a prize acceptance form, an affidavit of eligibility, and a
liability/publicity release (where permitted) which must include the name of travel
guests and be signed by each travel guest; and a W-9 form (if prize value is
greater than $600); 2) Winner will be required to present a copy of a valid
driver’s license as a condition of receiving any prize; and 3) Winner will be responsible for paying
all applicable taxes (including, but not limited to all local, state and
federal taxes) on all prizes awarded, and will receive a 1099 form (if prize value
exceeds $600). Failure to collect or
properly claim any prize in accordance with these rules will result in
forfeiture of the prize. If forfeited
for any reason, finalist will not receive any other prize substitution or
compensation, and the prize will remain the property of Sponsor and will not be
awarded, except as provided herein.
GRAND PRIZE – One (1)
prize award: There
will one (1) grand prize awarded. The
grand prize winner will receive a trip for four (4) (finalist and three (3)
guests age 18 or older) to
Certain
travel restrictions and black-out dates may apply. Released Parties are not responsible for any
travel delays or difficulty, lost, stolen or damaged baggage, or for any
cancellation of any of the scheduled activities, events or games. If travel delays or difficulty prevent
arrival in time for any and all elements of trip, Sponsor is not responsible
for awarding any compensation in lieu thereof.
Each winner and his/her guest must travel together on the same
itinerary. Any changes to completed
travel arrangements, once booked, are the sole responsibility of the winner,
and are solely at the winner’s expense.
Actual value of the trip will depend on point of departure and any
airfare fluctuations.
Grand prize winner’s travel guests must be at least 18 years
of age, and will be required to execute and return a liability/publicity
release prior to prize award. Tickets
are subject to certain terms and conditions specified thereon. Seat locations, if any, will be as solely determined
by Sponsor. Winner and guests must
comply with all venue rules and regulations. All meals, gratuities, baggage
fees, hotel resort fees, applicable taxes (including, but not limited to all
local, state and federal taxes) and any other expenses not specified herein as
being included in the prize are the sole responsibility of the winner.
Grand prize winner must accept prize delivery as instructed
by Sponsor. All prize awards are
non-transferable and no cash redemption or prize substitution allowed, except
at Sponsor’s sole discretion or as provided herein. Sponsor reserves the right to substitute a
prize of comparable or greater value, at its sole discretion, or to award the
cash value of the grand prize based upon any travel difficulties, delays or
issues with travel availability. Maximum retail value of grand prize award
not to exceed: $10,354.
Additional Rules &
Restrictions: By participating in this
Sweepstakes, participants agree to abide by and be bound by the Official Rules
and decisions of Sponsor and Administrator, which shall be final in all matters
relating to this Sweepstakes. In the
event an participant wins a prize, and is later found to be in violation of
these rules he/she will be required to forfeit the prize or to reimburse
Sponsor for the stated value of the prize if such violation is discovered after
winner has used the prize. Participation in Sweepstakes constitutes permission
for the Sponsor and its designees to use participants’ names, cities and states
of residence and/or likenesses for purposes of advertising and trade in any and
all media now or hereafter known worldwide on perpetuity without limitation or
further compensation, notification or permission, unless prohibited by law. False, fraudulent or deceptive entries or
acts shall render participants ineligible for any prize.
By participating, participants agree to hold all Released
Parties harmless from any claims, losses, actions, or damages of any kind,
whether actual, incidental or consequential, for injury (including but not
limited to death), damages, losses or expenses arising out of or relating to participant’s
participation in this Sweepstakes, or the acceptance, possession or use/misuse
of any prize, or participation in prize-related activities (including but not
limited to travel or activity related thereto), and to assume all liability
therefor.
Released Parties shall not be liable to winner or any other
person for failure to supply the prize or any part thereof by reason of any
acts of God, any actions, regulations, orders, or requests by any governmental
entity, equipment failure, terrorist acts, war, fire, unusually severe weather,
embargo, labor dispute or strike, labor or material shortage, transportation
interruption of any kind, or any other cause beyond Released Parties’ sole
control.
Participants are restricted to use of ordinary and typical computer
equipment, phone equipment, Internet access and cellular networks. Sponsor
disclaims all liability for the inability of a participant to complete or
continue an entry due to equipment malfunction, busy lines, inadvertent
disconnections, acts beyond the Sponsor’s control, or otherwise. The Sponsor
disclaims any liability for received entries due to technical difficulties or
transmission errors. The Sponsor disclaims all liability for any delays,
mis-delivery, loss, or failure in the delivery of any item sent by mail,
courier, express, electronic transmission, or other delivery method. Released Parties are not responsible for
mechanical, technical, electronic, communications, telephone, computer,
hardware or software errors, malfunctions or failures of any kind, including:
failed, incomplete, garbled or delayed transmission of online entries, traffic
congestion on telephone lines, the Internet or at any website or lost or
unavailable network connections which may limit an online participant's ability
to participate in the Sweepstakes, and any injury or damage to participant’s or
any other person’s computer or mobile phone related to or resulting from
participating in or downloading any information necessary to participate in the
Sweepstakes. Released Parties are not responsible
for any other errors of any kind, whether computer, technical, typographical,
printing, human or otherwise, relating to or in connection with the
Sweepstakes, including, without limitations, errors which may occur in
connection with the printing or advertising of this Sweepstakes, administration
or execution of the Sweepstakes, the cancellation of the Sweepstakes, the
processing of entries or in the announcement of the prizes or prize
winners. Sponsor, in its sole
discretion, reserves the right to disqualify any person tampering with the
entry process or the operation of the Sweepstakes website.
Sponsor
reserves the right to cancel, modify or terminate the Sweepstakes if fraud,
misconduct or technical failures destroy or threaten the integrity of the Sweepstakes,
in the opinion of the Sponsor/Administrator, or if a computer virus, bug, or
other technical problem corrupts the administration, security, or proper
conduct of the Sweepstakes as determined by Sponsor/Administrator, in their
sole discretion. In the event of early termination of the Sweepstakes, Sponsor
reserves the right to select a potential grand prize winner in a random drawing
from among all eligible, non-suspect entries received as of the time/date of
such termination.
IN CASE OF
DISPUTES:
By
participating, each participant agrees that (1) any and all disputes, claims,
and causes of action arising out of or in connection with this Sweepstakes, or
any prizes awarded, shall be resolved individually, without resort to any form
of class action, and any judicial proceeding shall take place in a federal or
state court within the State of New York; (2) any and all claims, judgments,
and awards shall be limited to actual out-of-pocket costs incurred, including
costs associated with entering this Sweepstakes, and in no event will participant
be entitled to receive attorneys' fees or other legal costs; and (3) under no
circumstances will participant be permitted to obtain awards for, and participant
hereby waives all rights to claim, punitive, incidental, and consequential
damages, and any other damages, other than for actual out-of-pocket expenses, and
any and all rights to have damages multiplied or otherwise increased. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of participant
and Sponsor in connection with this Sweepstakes, shall be governed by, and
construed in accordance with the laws of the State of New York, without giving
effect to any choice of law or conflict of law rules or provisions (whether of
the State of New York or any other jurisdiction), that would cause the
application of the laws of any jurisdiction other than the State of New York.
ODDS OF WINNING: Odds of winning a prize depend upon the total
number of eligible entries received from all entry methods combined.
Official Rules &
Winners List: For a copy of these Official Rules or the
names of prize winner, send a self-addressed stamped envelope to be received by
4/3/2011 to: Van Heusen Pro Football Hall of Fame Enshrinement Sweepstakes, c/o
Million Dollar Media, LLC,
Administrator: This Sweepstakes is administered by
Million Dollar Media, LLC,
Program Sponsor: The Sweepstakes is sponsored by
Phillips-Van Heusen Corporation,