JACK NICKLAUS INTERNATIONAL INVITATIONAL GIVEAWAY OFFICIAL RULES

Transcription

1 JACK NICKLAUS INTERNATIONAL INVITATIONAL GIVEAWAY OFFICIAL RULES Sponsor: Supreme Munsingwear Canada, Inc. and its related affiliates, official licensee of the Jack Nicklaus brand Administrator: Golf Town Limited, Vaughan, Ontario NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The Jack Nicklaus International Invitational Giveaway (the "Giveaway") begins at 12:00:01 a.m. Eastern Standard Time ("EST") on April 2, 2018 and ends at 11:59:59 p.m. EST on April 20, 2018 (the "Entry Period"), when all Entries (as defined below) must be received. Eastern Standard Time shall control for all purposes of this Giveaway. Sponsor's computer is the official time-keeping device for the Giveaway. The Giveaway is governed by these Official Rules and is subject to all applicable federal, provincial/territorial and local laws. Void where prohibited. 1. Eligibility. The Giveaway is open only to legal residents of Canada, who: (i) are twenty-one (21) years of age or older at the time of entry; and (ii) are not currently (and have never been) a professional golfer in any capacity. Proof of residency, age and amateur status may be required. Employees of Sponsor, Administrator, Jack Nicklaus, and each of their respective subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Giveaway or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor and Administrator, whose decisions shall be binding and final in all respects relating to this Giveaway. 2. How to Enter. Via Instagram or Twitter. To participate in the Giveaway via Instagram or Twitter, you must have an account with Instagram or Twitter. If you do not already have an account with Instagram or Twitter, you may create a free account as instructed by Instagram.com or Twitter.com, respectively. To enter the Giveaway, during the Entry Period you must: (i) log onto your Instagram or Twitter account; (ii) ensure that your Instagram or Twitter account is public; (iii) upload a photo of yourself getting ready to golf AND in the comment section include the hashtag #GTGoldenBear (the Entry ). ALL ENTRIES MUST BE RECEIVED BY 11:59:59 P.M. EST ON APRIL 20, Although it is free to enter, if you enter using your mobile device, standard message and data charges may be incurred. Via Website. To participate in the Giveaway without uploading a photo to social media, during the Entry Period, go to (the Website ) to complete the required fields and upload a photo of yourself getting ready to golf to receive one (1) Entry for the Giveaway. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 P.M. EST ON APRIL 20, Although it is free to enter, if you enter using your mobile device, standard message and data charges may be incurred. Before entering the Giveaway, you are encouraged to review Sponsor s privacy policy found at pery.com/company/privacystatement. 3. Guidelines and Restrictions on Entry. Limited to one (1) entry per person (regardless of the method of entry). Entries by the same person in excess of the limits stated herein will be disqualified. Entries will be deemed to have been submitted by the authorized Instagram, Twitter or account holder associated with the username used at the time of the entry via Instagram, Twitter, or . "Authorized account holder" is defined as the natural person who is assigned to the user name by Instagram, Twitter, or service provider that is responsible for assigning Instagram, Twitter, or user names associated with the submitted Entry. Participants must enter using only a Instagram, Twitter, or account subscribed to and registered in his/her name. Computer generated entry forms and entries (except as permitted in these Official Rules) are ineligible and will be disqualified. Entries or attempting to enter the Giveaway multiple times through the use of multiple addresses or Instagram, or Twitter user names, or the use of any robotic or automated

2 devices to submit entries is prohibited and any such entries will be deemed void and disqualified. All entries become the property of Sponsor upon receipt and will not be acknowledged or returned. Each Entry must: Must be posted during the Entry Period; Must be public to appear in the Instagram, or Twitter hashtag gallery; Must contain all designated hashtags (#GTGoldenBear); Must not contain any visible brand logos, except Sponsor s brand; Must be owned by entrant and not have been previously published, distributed, or otherwise exploited; Must be wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; Must not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; Must not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous; Must not contain obscene, lewd or inappropriate text or other materials, including, but not limited to, references to sex, nudity, acts of violence or acts that may cause harm, as determined in Sponsor s sole discretion; and Must comply with the terms and conditions of Website, Instagram, and Twitter, respectively. 4. Grant of Rights. By submitting an Entry into the Giveaway, each entrant hereby: (i) irrevocably grants Sponsor and Administrator a non-exclusive, non-transferable, royalty-free perpetual license to use, reproduce, edit, adapt, publish and/or display the Entry for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant; and (ii) waives all moral rights in and to his/her Entry in favour of the Sponsor and Administrator (and anyone authorized by the Sponsor and/or Administrator to use the Entry). 5. Prize/Odds. One (1) Grand Prize winner will receive a trip for two (2) to New Albany, Ohio, U.S.A. to attend and participate (as an amateur) in the Jack Nicklaus International Invitational Tournament that is currently scheduled to take place from May 28, 2018 through June 3, 2018 ( Event ). IMPORTANT NOTE: As an amateur participant in the Event, under no circumstances will the Grand Prize winner be eligible to receive any prize money or other compensation as a result of participating in the Event. Grand Prize includes round-trip, coach class air transportation for the winner and a guest to attend the Event, two (2) entry tickets to the Event and double-occupancy standard hotel room as specified by Sponsor. Approximate retail value ("ARV"): $2,615 CAD based on a Toronto departure example although the actual retail value will vary depending on the point of departure. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified or prize will be forfeited and may be awarded to an alternate winner; no alternative travel dates are available. All federal, provincial/territorial and local taxes on the prizes are the sole responsibility of winner. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of any prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Without limiting the generality of the foregoing, the following general conditions apply to the prize: (i) the winner and his/her guest must: (a) travel on same itinerary; and (b) have all necessary documentation to permit international travel to the United States of America and re-entry into Canada; (ii) all travel arrangements relating to the prize must be made through the Sponsor or its designated agents; and (iii) the winner s guest must: (a) be of the legal age of majority in his/her jurisdiction of residence; and (b) sign and return the Sponsor s release (by the date indicated on the release form) indicating (among other things) that he/she waives all recourse against the Released Parties (as defined below) relating to his/her participation in the prize (including, without limitation, any travel related thereto). The Released Parties (as defined below) are not responsible for any delay, postponement, suspension, rescheduling or cancellation, for any reason, of any aspect of the prize including, but not limited to the Event. Neither the winner nor his/her guest nor any other person or entity will be compensated in the event of such delay, cancellation or other event contemplated herein. The Sponsor will not replace any lost or stolen tickets. Changes to transportation and/or passenger names are not accepted once bookings have been confirmed. It is strongly recommended and encouraged that the winner and his/her guest obtain sufficient personal travel and medical insurance prior to departure. ARV of all prizes is in Canadian dollars. Odds of winning a prize depend on the number of eligible entries received. 6. Winner Selection/Notification. The eligible winner will be selected in a random drawing conducted by the Sponsor and/or Administrator on April 27, 2018 in Vaughan at approximately 12:00 p.m. EST from all eligible entries received

3 during the Entry Period. The potential winner will be notified by Administrator on or about April 27, Winner confirmation is subject to verification of eligibility and compliance with these Official Rules. Prior to being confirmed as the winner, the eligible winner will be required to: (i) correctly answer a mathematical skill-testing question without mechanical or other aid; and (ii) complete and return the Sponsor s form of Declaration and Release (the "Release") within the time frame or by the date specified in notification. Winner must claim prize within 48 hours from date of winner notification or prize will be forfeited. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or winner notification or Release is returned as undeliverable; (b) potential winner fails to correctly answer the skill-testing questions and/or declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Giveaway or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Release-related obligations, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsor and Administrator s sole discretion, from among the other eligible entries received. Sponsor and Administrator reserve the right to modify the notification and Release procedures in connection with the selection of alternate winner, if any. 7. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor, Administrator, and any of its designees to use and/or publish winner's full name, city and province/territory of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Giveaway, Sponsor or Administrator, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor or Administrator, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Giveaway, entrants will be sharing their personal information with Sponsor and Administrator, not Instagram, or Twitter. Personal information collected by Sponsor and Administrator will be used for administration of the Giveaway and awarding the prize. Sponsor and Administrator are not responsible for disclosures made by any third party. Entrants may subsequently opt-out of receiving further s as set forth in Sponsor's privacy policy. 8. No Tampering, Right To Cancel, Modify. Sponsor, Administrator, and each of their respective subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive Instagram, Twitter or accounts, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her Instagram, Twitter, or account; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor and Administrator's reasonable control; (g) anyone being incorrectly and/or mistakenly identified as a winner and/or an eligible winner; and/or (h) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Giveaway or any Giveaway or prize-related activities. Sponsor and Administrator reserve the right, in their sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any Website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple Instagram, Twitter, or accounts or the use of any robotic or automated devices to submit entries. If Sponsor and Administrator determine, in their sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor and Administrator reserve the right, subject only to the approval of the Regie des alcools, des courses et des jeux (the Regie ) in Quebec, to void the entries at issue, and/or terminate the relevant portion of the Giveaway, including the entire Giveaway, and/or modify the Giveaway and/or award the prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date. 9. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Giveaway, entrants and winner agree to release and hold harmless Sponsor, Administrator, Instagram, Twitter and their respective parent,

4 subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of the prize or participation in any Giveaway-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer or other device, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Giveaway. Entrants and winner acknowledge that Sponsor and Administrator has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize (or any component thereof) or their affiliates. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor or Administrator in connection with the Giveaway, shall be resolved individually, without resort to class action, and shall be governed by, and construed in accordance with, the laws of the province of Ontario, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Ontario, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Ontario. In addition, to the fullest extent permitted by law any dispute relating to the Giveaway (including these Official Rules) shall be brought in the appropriate court having jurisdiction over the subject matter located in the Province of Ontario. To the fullest extent permitted by law, entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased. For Quebec residents: Any litigation respecting the conduct or organization of a publicity promotion may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement. 10. Language Discrepancy. In the event there is a discrepancy or inconsistency between the English language version and any other language version of these Official Rules or any Giveaway materials, the English version shall prevail, govern and control to the fullest extent permitted by law. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. 11. Sponsor. Supreme Munsingwear Canada, Inc. c/o Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram, or Twitter. Any and all questions, comments or complaints regarding the Giveaway must be directed only to Sponsor and not Instagram, or Twitter.

5 JACK NICKLAUS INTERNATIONAL INVITATIONAL GIVEAWAY ABBREVIATED RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Open only to legal residents of Canada, 21 years of age or older who are not currently (and have never been) a professional golfer in any capacity. The Giveaway begins at 12:00:01 a.m. EST on April 2, 2018 and ends at 11:59:59 p.m. EST April 20, Limit one (1) entry per person. Odds of winning depend on the number of eligible entries received. One prize available (ARV: $2,615 CAD). Skill-testing question required. Void where prohibited. For complete official rules, visit Sponsor: Supreme Munsingwear Canada, Inc. and its related affiliates, official licensee of the Jack Nicklaus brand The Administrator is not a Sponsor of the Giveaway.