Ben Sherman Instagram Giveaway 2020 - Terms & Conditions

Ben Sherman Sweepstakes Official Rules – Instagram

No Purchase Necessary. A purchase will not increase your chances of winning.

1. The Ben Sherman Instagram Sweepstakes (“Sweepstakes”) is open to residents of the United States and the District of Columbia who are lawful U.S. residents and are 18 years of age or older at the start of the Sweepstakes (“Entrants”). The Sweepstakes is sponsored by Marquee Brands LLC, 50 West 57^th Street, Floor 5, New York, NY 10019 ("Sponsor"). Employees of Sponsor, its parents and subsidiaries, advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of the Sweepstakes and their immediate families are ineligible to participate in the Sweepstakes. Void in Puerto Rico, the U.S. Virgin Islands, U.S. military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law.

2. SWEEPSTAKES PERIOD. The Sweepstakes begins at 9:00 a.m. Eastern Daylight Time (“EDT”) on March 17nd, 2020 and ends at 11:59 p.m. EDT on March 31, 2020 (the “Sweepstakes Period”).

3. HOW TO ENTER. Instagram entries only.  Limit one (1) entry per natural person.

Entrants must go to the Ben Sherman Official Instagram account, follow us, tag a friend and ensure they follow us also to enter the Sweepstakes.

All entries must be received no later than 11:59 p.m. EST on March 31, 2020, according to the computer time on Sponsor’s server. Sponsor is not responsible for late, incomplete, void, corrupted, garbled, misdirected, or otherwise unintelligible entries and for any problems, bugs or malfunctions Sweepstakes Entrants may encounter when submitting their entries. Incomplete, garbled, corrupted or otherwise illegible entries are void and will not be accepted. Sponsor reserves the right to disqualify false entries or entries suspected of being false and to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the authorized account holder of the email account used to enter the Sweepstakes.

4. Odds of winning a prize depend on the number of eligible entries received.

5. SELECTION AND NOTIFICATION OF SELECTED ENTRANT. Each Sweepstakes entry will be entered into a random drawing by a representative of Sponsor from among all eligible entries received during the Sweepstakes Period. The drawing will be held on or about April 1, 2020 (“Drawing Date”) to determine one (1) potential winner (“Selected Entrant”). The Selected Entrant will be notified through direct message on the account they used to enter the Sweepstakes within twenty-four (24) hours of Drawing Date (“Notification. The Selected Entrant will be required to respond (as directed) within three (3) business days of attempted Notification. Selected Entrant’s failure to respond timely to the Notification may result in forfeiture of the Prize, and in such case, Sponsor may randomly select an alternate Selected Entrant from among the remaining eligible entries, up to four (4) times. The Selected Entrant may be sent a declaration of eligibility / liability / publicity release (“Release”). Except where prohibited by law, the Release will state that Selected Entrant agrees to allow Sponsor to use (without additional compensation) his or her name, address, photograph, testimonial, likeness and/or biographical information for purposes of advertising and promotion (including, without limitation, posting on Sponsor’s website(s) and affiliated website(s)). Selected Entrant may also be required to provide name, U.S. Social Security Number (for tax form purposes), birth date, current address, and phone number. Unless restricted by law, the Selected Entrant will be required to complete and return the Release within the time period specified therein. The Prize may be forfeited, and in such case, an alternate Selected Entrant may be randomly selected from among the remaining eligible entries if the Selected Entrant: (i) cannot be reached; (ii) does not respond to the Notification in a timely manner as required pursuant to these Official Rules; (iii) fails to obtain all signatures on the Release and to return the documents in a timely manner as required pursuant to these Official Rules; or (iv) cannot accept or receive the Prize for any reason. Non-compliance with these Official Rules may result in disqualification and selection of an alternate Selected Entrant. Sponsor may not make multiple attempts to contact Selected Entrant.

6. If eligible under these Rules, one (1) Selected Entrant and the person they tagged (and who followed us) will be awarded 12 Ben Sherman shirts each (one per month), which will be selected by Marquee Brands once the winner’s sizes are obtained. Approximate retail value of each shirt is $90.00.

Total Approximate Retail Value of 12 shirts prize (“ARV”): $1080.00 USD.

7. PRIZE CONDITIONS. Prize must be redeemed within 13 months of prize being claimed. Selected Entrants cannot assign or transfer their prize to another person or business. If prize notification or any prize is returned as undeliverable, or if the Selected Entrants do not accept or receive a prize for any reason, prize will be forfeited. Please note that the Selected Entrants are not entitled to any surplus between the actual cost of a shirt and the approximate value listed herein.

All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of Selected Entrants. Selected Entrants will be issued an IRS Form 1099 for the ARV of any awarded prize, given the prize is in excess of $600.00 and is considered taxable . Except where prohibited by law, the Selected Entrant's entry and acceptance of the Prize constitutes permission for Sponsor to use said Selected Entrant’s photograph, likeness, statements, biographical information, voice, name and city and state address for promotional or advertising purposes in connection with these Sweepstakes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, Selected Entrants agrees to be fully and unconditionally bound by these Official Rules and Sponsor’s decisions and waives any right to claim ambiguity in the Sweepstakes or these Official Rules. Selected Entrants also agrees to release, discharge, indemnify and hold harmless Sponsor, and its officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in this Sweepstakes. Sponsor reserves the right to disqualify any Entrant it finds to be tampering with the entry process or the operation of the Sweepstakes or violating these Official Rules, and reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner(s) in a random drawing from among all eligible, non-suspect entries received prior to action taken. Sponsor shall not be liable for: (i) late, lost, delayed, void, corrupted, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or declarations, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, bugs, lost connections, disconnections, delays or transmission errors Sweepstakes Entrants may encounter when submitting their entry; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Sweepstakes; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Sweepstakes. Caution: any attempt to deliberately damage or undermine the legitimate operation of the sweepstakes may be in violation of criminal and civil laws and will result in disqualification from participation in the Sweepstakes. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.

8. Disputes regarding these Official Rules and/or this Sweepstakes will be governed by the internal laws of the State of New York. By entering, Entrant consents to jurisdiction in the federal and state courts of New York for the resolution of any and all disputes.

9. GENERAL CONDITIONS. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of Sponsor and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Any portion of the Sweepstakes may be canceled, suspended and/or modified, in whole or in part, if in Sponsor’s opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner in a random drawing from among all eligible, non-suspect entries received prior to action taken. You may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Unclaimed Prizes will not be awarded.

10. All personal information collected by Sponsor will be used for administration of the Sweepstakes. In addition, Entrants may receive email correspondence from, or on behalf of Sponsor or its affiliate brands, located here. Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines and to supply information to entities that comply with CAN-SPAM guidelines, and Entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Any questions regarding privacy matters should be directed to the address set out below.

11. WINNER’S LIST AND SWEEPSTAKES RULES. To obtain a copy of these Official Rules, and/or to obtain the name(s) of the winner(s) in the Sweepstakes, visit [URL] after the end of the Sweepstakes Period. Both lists will be available for ninety (90) days after the end of the Sweepstakes. Please allow two (2) weeks to post winners.

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