OFFICIAL
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
1.
How To Enter: Town &
Country Brooks Brothers Sweepstakes (the “Sweepstakes”): Beginning October 4, 2016 at 12:01
AM (ET) through November 14, 2016 at 11:59 PM (ET) (the “Entry Period”), go to townandcountrymag.com/brooksbrothers on a computer or
wireless device and fill out the form. Important Notice: You may be charged for
visiting the mobile website in accordance with the terms of your service
agreement with your carrier. Please consult your wireless service provider
regarding your pricing plan. You must use a Smartphone device to participate
via your mobile phone. Not all mobile phone providers carry the necessary
service to participate. Check your phone capabilities for specific Internet
instructions. If your data usage exceeds what is allotted by your data plan,
you could be subject to additional fees by your carrier. Please contact your
mobile service provider with any questions regarding your bill. Winner
Selection: Winner[s] (individually and collectively, the “Winner”) will
be selected on or about November 15, 2016 in a random drawing from among all
eligible entries received. In the
event the Sponsor does not receive any eligible entries, the Sponsor has the
right to cancel the Sweepstakes. Drawing
will be conducted by Town & Country, whose decisions are final. Odds of winning will depend upon the total
number of eligible entries received. In
the event Canadians are eligible to enter as specified in the Eligibility
paragraph below, and if there is a Canadian Winner, the Winner will be required
to correctly answer a mathematical skill testing question as a condition of
receiving the prize. Prizes & Approximate Retail Value: Five
(5) winners will receive a $1,000 Gift Card to Brooks Brothers; Total ARV:
$5,000. Any difference between the stated ARV and the actual value of the prize
will not be awarded in any form.
2.
Winner Notification: Winner
will be notified within one (1) month of the last day of the Sweepstakes, via
e-mail, and/or at Sponsor’s discretion, via phone or postal mail. In the event
the Winner doesn’t respond to Sponsor’s notification or does not accept the
prize within five (5) business days of notification, the prize will be deemed
forfeited and an alternate Winner will be selected. In the event that any one
or more potential Winner(s) fails to respond as stated above, declines the
prize or fails to provide signed affidavits or releases, such Winner(s) will be
deemed to forfeit the prize and Sponsor will select an alternate Winner(s) from
the remaining eligible entrants. If any alternate(s) similarly fails to respond
or declines the prize, Sponsor will use a reasonable number of attempts, in its
discretion, to award the prize(s) to another alternate(s) but if it is unable
to do so, the prize(s) will be finally forfeited and Sponsor shall have no
further liability in connection with this Sweepstakes. List of Winner(s):
For the name(s) of the Winner(s),
send a separate self-addressed, stamped envelope to Town & Country Brooks
Brothers Sweepstakes Winners’ List, Hearst Communications, Inc., 300
West 57th Street NY, NY 10019 within two (2) months from the Winner
notification date as specified above.
3.
ENTRIES: Limit one (1) entry per person for
Sweepstakes. Multiple entries from the
same person will be disqualified.
Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof
of receipt. If applicable, inaccurate,
lost, late, misdirected or incomplete or entry forms that have been tampered
with will be disqualified. Online
entrants must have valid email address and it is entrant’s responsibility to
update Sponsor of any change in email address.
If there is a dispute as to the identity of an online entrant, the prize
will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as
the natural person to whom the email address is assigned by an internet service
provider, online service provider, carrier, or other organization (e.g.,
business, educational institution, etc.) that is responsible for assigning the
email addresses for the domain associated with the submitted email address. .
4.
ELIGIBILITY: Open to
legal residents of the 50 United States and the District of Columbia, who have reached the age of majority in their state or
territory of residence at time of entry. Legal residents of Canada
(excluding Quebec) who have reached the aforementioned age in their province of
residence at time of entry are also eligible to enter. Void in Puerto Rico and where
prohibited by law. Employees of Sponsor,
its parents, affiliates and subsidiaries, participating advertising and
promotion agencies, independent judging organizations, and prize suppliers (and
members of their immediate family and/or those living in the same of household
of each such employee) are not eligible.
5.
CONDITIONS OF PARTICIPATION:
Expenses not specifically included in prize description and all taxes
are the sole responsibility of the Winner.
Each prize is awarded “as is” with no warranty or guarantee, either
express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a
prize permitted, except Sponsor reserves the right to substitute prize for an
item of equal or greater value in the event an advertised prize is
unavailable. The Winner is required to
comply with any and all applicable federal, state, provincial, if Canadians are
eligible to enter, and local laws, rules and regulations. All federal, state and local taxes, and any
other costs not specifically provided for in these Official Rules are solely
the Winner’s responsibility. If the actual retail value of any Winner’s prize
is $600 or more, the Winner must complete a W9 form and supply Sponsor with
his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name
of the Winner for the actual value of the prizes received. Sponsor shall have
no responsibility or obligation to the Winner or potential Winner who are
unable or unavailable to accept or utilize prizes as described herein. Entrants
agree to be bound by the terms of these Official Rules and by the decisions of
Sponsor, which are final and binding on all matters pertaining to this Sweepstakes. Winner may be required to sign and return an
Affidavit of Eligibility, a Liability Release and where legally permissible a
Publicity Release within seven (7) days following the date of first attempted
notification. Failure to comply with
this deadline may result in forfeiture of the prize and selection of an
alternate Winner. Return of any
prize/prize notification as undeliverable may result in disqualification and
selection of an alternate Winner. Winner hereby further agrees that it will
sign any documents necessary to transfer copyright of his/her submitted entry,
if applicable, to Sponsor within seven (7) days following the date of first
attempted notification. While entering the Sweepstakes, you
will be asked whether you consent
to receive promotional, and/or
informational e-mails
from Brooks Brothers. Consenting to receive promotional, and/or informational
e-mails is optional and does not have to be agreed upon in order to be eligible
to participate in the Sweepstakes. In the event you do consent to receive these
e-mails, the use of such e-mails shall be subject to Brooks Brothers’ privacy
policy found at http://www.brooksbrothers.com/Privacy-Policy/privacy-policy,default,pg.html, and you
may opt out of receiving these e-mails at any time. If images are being
submitted to Sponsor as a requirement for entry, entrants agree that they have
all rights to use the images submitted and to allow Sponsor, any of its
affiliates and subsidiaries, participating advertising and promotion agencies,
and prize suppliers to reuse any of the images, without any liability, for
editorial, advertising and promotional purposes. Additionally, acceptance of
the prize by Winner constitutes permission for Sponsor and any affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to use Winner’s name and/or likeness and biographical material for
editorial, advertising and promotional purposes without additional
compensation, unless prohibited by law. By accepting prize, Winner agrees to
hold Sponsor, its advertising and promotion agencies and their respective
parent companies, subsidiaries, affiliates, partners, representative agents,
successors, assigns, officers, directors, and employees harmless for any injury
or damage caused or claimed to be caused by participation in the Sweepstakes or
acceptance or use of the prize. Sponsor
is not responsible for any printing, typographical, mechanical or other error
in the printing of the offer, administration of the Sweepstakes or in the
announcement of the prize.
6. REPRESENTATIONS
AND WARRANTIES / INDEMNIFICATION: By participating in the Sweepstakes,
entrant warrants and represents that his/her entry is original to the entrant,
has not been previously published or won any award, and does not contain any
material that would violate or infringe upon the rights of any third party,
including copyrights (including, without limitation, copyrighted images or
footage), trademarks or rights of privacy or publicity. Modification of an
existing image does not count as original for purposes of this Sweepstakes. The
entrant further warrants and represents that entrant has all appropriate
clearances, permissions and releases for the entry, including releases from all
persons appearing in the photograph, location releases for all recognizable
locations, and releases from anyone who assisted in the creation of the
photograph. The entrant must be able to provide on request all appropriate
clearances, permissions and releases for the entry, including releases from all
persons appearing in the photograph, location releases for all recognizable
locations and releases from anyone who assisted in the creation of the
photograph. The image must not contain any personally identifiable information
of any person. Excepting those of Sponsor, the image must not contain or
reference any names, products or services of any company or entity or any third
party trademarks, logos, trade dress or promotion of any brand, product or
service. If any person appearing in the
image is under the age of majority in their state of residence, the written
consent and signature of a parent or legal guardian is required. At Sponsor’s
request, and in its sole discretion, entrants may be required to execute an
assignment and release transferring all rights and ownership of their image to
Sponsor, the form of such assignment to be determined by Sponsor. In the event an
entrant cannot provide all required releases, Sponsor reserves the right, in
Sponsor’s sole discretion, to disqualify the applicable entry or seek to secure
the releases and clearances for Sponsor’s benefit. The photograph may not
feature nudity or obscene language or material that is libelous or defamatory.
Each entrant hereby agrees to indemnify and hold the Sweepstakes entities
harmless from and against any and all third party claims, actions or
proceedings of any kind and from any and all damages, liabilities, costs and
expenses relating to or arising out of any breach or alleged breach of any of
the warranties, representations or agreements of entrant hereunder. Sponsor
reserves the right in its sole and unfettered discretion to disqualify any entry
that it believes contains obscene, offensive or inappropriate content, that
does not comply with these Official Rules or that is not consistent with the
spirit or theme of the Sweepstakes. Entries that do not comply with the above
requirements may not be eligible, and, if submitted, may be removed at any time
in Sponsor’s sole discretion. By participating in the Sweepstakes, each entrant
unconditionally accepts and agrees to comply with and abide by these Official
Rules and the decisions of Sponsor, which shall be final and binding in all
respects.
7.
INTERNET/mobile: Sponsor is not
responsible for electronic transmission errors resulting in omission,
interruption, deletion, defect, delay in operations or transmission, theft or
destruction or unauthorized access to or alterations of entry materials, or for
technical, network, telephone equipment, electronic, computer, hardware or
software malfunctions or limitations of any kind, or inaccurate transmissions
of or failure to receive entry information by Sponsor or presenter on account
of technical problems or traffic congestion on the Internet, at any Web site,
or via the mobile phone or any combination thereof. If for any reason the Internet or mobile
phone portion of the program is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which corrupt of affect the
administration, security, fairness, integrity, or proper conduct of this Sweepstakes,
Sponsor reserves the right at its sole discretion to cancel, terminate, modify
or suspend the Sweepstakes. Sponsor reserves the right to select winners from
eligible entries received as of the termination date. Sponsor further reserves the right to
disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from
participating in the Sweepstakes if it determines that said entrant is
attempting to undermine the legitimate operation of the Sweepstakes by
cheating, hacking, deception or other unfair playing practices or intending to
abuse, threaten or harass other entrants.
Caution: Any attempt by a participant to deliberately damage any Web
site or undermine the legitimate operation of the Sweepstakes is a violation of
criminal and civil laws and should such an attempt be made, Sponsor reserves
the right to seek damages from any such participant to the fullest extent of
the law.
8.
DISPUTES/CHOICE
OF LAW: Except
where prohibited, each entrant agrees that: (1) any and all disputes, claims
and causes of action arising out of or connected with this or any prize awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by state or federal courts situated in New York, NY, (2) any and
all claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, but in no event attorneys' fees; and (3) no punitive, incidental,
special, consequential or other damages, including without limitation lost
profits may be awarded (collectively, "Special Damages"), and (4)
entrant hereby waives all rights to claim Special Damages and all rights to
have such damages multiplied or increased.
New York State law, without reference to New York’s choice of law rules,
governs the Sweepstakes and all aspects related thereto.
9.
SPONSOR: The Sponsor
of this Sweepstakes is Hearst Communications, Inc., 300 W. 57th
Street, New York, NY 10019.