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    BEN SHERMAN
    INSTAGRAM SWEEPSTAKES OFFICIAL RULES

    NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.

    The Ben Sherman Instagram Story Sweepstakes is subject to these Official Rules except as expressly stated otherwise.  The Sweepstakes is sponsored by Ben Sherman., [50 W. 57th St. New York, NY] (the “Sponsor”).

    1. ELIGIBILITY: The Ben Sherman Instagram Story Sweepstakes (the “Sweepstakes” or “Promotion”) is open to lawful U.S. residents, and are 18 years of age or older at of the start date of the Promotion (“Entrants”), who  can  travel to the Ben Sherman concept store located at [50 W. 57th St. New York, NY]. Employees of Sponsor, its parents (specifically including Marquee Brands), and subsidiaries, advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of the Promotion (“Promotion Entities” and “Releasees”) and their immediate families are ineligible to participate in the Promotion. 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. See Sponsor’s Privacy Policy at https://www.bensherman.com/pages/privacy-policy.

     

    1. MANDATORY SOCIAL MEDIA DISCLOSURE: Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. Entrants are providing their information to Sponsor and not to Instagram. The information Entrants provide will only be used for administering this sweepstakes and for marketing purposes in accordance with Sponsor’s privacy policy

     

    1. SWEEPSTAKES PERIOD: The Sweepstakes The Promotion begins at 10:00 a.m. Eastern Daylight Time (“ET”) on [date] and ends 2:59 p.m. ET on [date] (the “Sweepstakes Period”). The Sponsor’s computer, or that of its designee, runs the official clock for the Sweepstakes and will solely determine the time by which an entry is received.

     

    1. HOW TO ENTER: To enter the Sweepstakes during the Promotion Period , post a photo of yourself in or in front of the British phone booth (in store at 130 Greene St.), upload it to Instagram, tagging @benshermanofficial and using #BenShermanIsBackSweepstakes for a chance to win a $150 credit to use in-store or online.  One entry per natural person per account.

     

    1. ODDS:  Odds of winning depend upon the number of eligible entries received during the Promotion Period.

     

    1. DRAWING AND NOTIFICATION OF POTENTIAL WINNER: On or about [9/18/18], the Grand Prize Winner (the “Potential Winner”) will be randomly selected from among all eligible entries received. The Potential Winner will be notified via direct message on Instagram within three (3) business days of the drawing date. If the Sponsor does not receive a response within 48 hours from the time the first message is sent to the Potential Winner, the prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate Potential Winner. When the Potential Winner accepts the prize, depending upon the value, he/she may receive, via  email address Potential Winner will provide, a Declaration of Eligibility and Liability Release and; where legal, a Publicity Release (collectively the “Declaration”).  All completed documents must be returned within five (5) days from prize notification date or the prize will be forfeited and may be awarded to an alternate Potential Winner. If the Potential Winner does not return the required documents within the stated timeframe, he/she may be disqualified and an alternate Potential Winner may be determined, or the prize may not be awarded. In the event of non-compliance with these rules, or if the prize or prize notification is unclaimed or returned as undeliverable, the prize will be forfeited and, at Sponsor’s discretion, awarded to an alternate potential Prize Winner.

     

    1. PRIZE: If eligible under these Official Rules, one (1) Potential Winner will receive a repost of their photo with credit on Ben Sherman social media (including Facebook and Instagram) and one (1) $150 store credit, to be used online or in-store.

     

    1. PRIZE RESTRICTIONS AND LIMITATIONS: Prize is nontransferable, non-assignable and may not be redeemed for cash or otherwise substituted in whole or in part except as provided herein. Sponsor reserves the right, in its sole discretion, to substitute the prize (or a portion thereof) with cash or another prize of equal or greater value in the event the advertised prize (or a portion thereof) becomes unavailable for any reason. Prize Winner is responsible for the payment of taxes on the prize and for any other costs and expenses associated with the acceptance and use of the prize.  All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of Potential Winner. Potential Winner may be issued an IRS Form 1099 for the ARV of any awarded prize.

     

    1. PUBLICITY:  By entering the Promotion, Entrants, agree to the use by Sponsor and its designees of their names, cities and states of residence and photographs/likenesses for advertising and promotional purposes for this and similar promotions, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation, notification, or permission, except where prohibited by law. Upon request, Potential Winner must consent to such in writing.

     

    1. ADDITIONAL TERMS AND CONDITIONS: Normal Internet access, phone, and usage charges imposed by Entrant’s online or phone service may apply. Bulk, third-party, automated and/or repetitive electronic entries (including, but not limited to, any script, macro, bot or promotion service) will be disqualified. Any attempt by any Entrant to obtain more than the stated number of permitted entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s Entry, and that Entrant may be disqualified at Sponsor’s discretion. In the event of a dispute as to the identity of a specific Entrant, Potential Winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the Instagram account for the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry in question may be disqualified in Sponsor’s sole discretion. By entering the Promotion, each Entrant represents and warrants that he/she has read, understands and will follow the Official Rules. Entrants agree to indemnify and hold the Releasees (defined below) harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules. Those who do not abide by these Official Rules and provide all required information will be disqualified in Sponsor’s sole discretion. The decisions of the Sponsor are final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules.

     

    1. GENERAL CONDITIONS: The Releasees are not responsible for the actions of Entrants in connection with the Promotion, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future promotions. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Promotion, except as expressly set forth in these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the Entry process and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for: (1) any lost, late, incomplete, stolen, misdirected, undelivered, postage-due, delayed, garbled, incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), the Ben Sherman Website (the “Website”), or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Promotion and from among the eligible, non-suspect entries received up to the time of the impairment, conduct a random drawing to award the Promotion prize.

     

    1. LIMITATIONS OF LIABILITY AND RELEASES: By participating in this Promotion, Entrant agrees that Sponsor and its parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the Releasees) will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this Promotion or in any Promotion or Prize-related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise or other prize delivery. By participating in this Promotion, Entrant agrees that the Releasees will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of the Website or Application associated with this Promotion or the downloading from and/or printing material downloaded from such Website and/or Application. If any use by Sponsor of the Entries causes it to be liable to any third party, Entrant agrees to indemnify, defend and hold harmless Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorneys’ fees), which it incurs as a result of its use of the Entries. Releasees are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail or other account to receive messages. Without limiting the foregoing, everything regarding this Promotion, including the Website and prize is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.

     

    1. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, 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 (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. In addition, any dispute relating to the Promotion (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the State of California. Entrants hereby irrevocably consent and submit to the personal jurisdiction of said courts and waive any claim of forum nonconveniens or lack of personal jurisdiction they may have.

     

    1. PRIVACY: The personal information you submit when you enter in this Sweepstakes is collected by Sponsor and will be subject to Sponsor’s Privacy Policy (“Policy”). The Sponsor will not share this information with third parties (other than the Sponsor’s prize fulfillment agent, if applicable, and with Sponsor’s affiliate companies, which are located at http://www.marqueebrands.com)

     

    1. SWEEPSTAKES RESULTS:  For Sweepstakes results and/or a copy of these Offical Rules, go to [http://www.bensherman.com/pages/sohostoresweepstakes].