The Perry Ellis® brand is owned by Perry Ellis International, Inc. and/or its subsidiaries. PerryEllis.com is the official website for Perry Ellis Menswear, LLC (“Perry Ellis”), a wholly owned subsidiary and division of Perry Ellis International, Inc. (referred to herein with Perry Ellis and all subsidiaries and affiliates collectively as “PEI”). We ask that you abide by the terms and conditions of use that follow. Please read them carefully, because your use of the PerryEllis.com web site (the "Site") constitutes your agreement to be bound by these terms. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use this Site. We reserve the right to revise these terms and conditions from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

A Security:

You are prohibited from violating or attempting to violate the security measures on the Site, including, without limitation:

1. Using a false password belonging to another user or accessing data not intended for the user or logging into a server or account which such user is not authorized to access;
2. Disclosing a password or permitting a third party to use a password or failing to notify us if a password is compromised;
3. Attempting to probe, scan or test the vulnerability of the system or network or to breach security or authentication measures without proper authorization;
4. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
5. Sending unsolicited e-mail, including promotions and/or advertising of products or services;
6. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or
7. Hijacking all or any part of the Site content, deleting or changing any Site content, deploying pop-up messages or advertising, running or displaying this Site or any Site content in frames or through similar means on another Site, or linking to the Site or any page within the Site, without our specific written permission.

B General Rules

You agree to use the Site only for lawful purposes and only for your own personal, non-commercial use. You may not use the Site to transmit, post, download, distribute, copy, display publicly, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, patent, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous, obscene, offensive, threatening, defamatory, abusive or hateful.

C Violations

We have absolute discretion to determine if any use violates these rules, and to act as we deem appropriate in the event of any violation. Violations of system or network security may, at any time, result in a warning, temporary limit or suspension or immediate termination of your access to the Site, or civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, cooperate with, and make disclosures to, law enforcement authorities in identifying and prosecuting users who are involved in such violations.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are property owned, controlled, licensed or used with permission by PEI.  The Site as a whole and its Contents are protected by copyright, trademark, trade dress and other laws and all worldwide right, title and interest in and to the Site and its Contents are owned by PEI or used with permission. PerryEllis.com and all other trademarks appearing on this Site are trademarks of PEI or are licensed or used with permission of the owner by PEI.

The Contents of the Site, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site and may not be used except as permitted in these Terms of Use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, publicly display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Nothing contained on this Site grants or should be construed as granting, any license or right to use, implied or otherwise, any trademarks, trade names, service marks, trade dress, copyrighted or other proprietary material displayed on this Site without the prior written consent of PEI or the owner of such material.

Perry Ellis' products displayed on the Site are generally available in most cases in select department and/or company-owned stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed on the Site may not be available in stores and Perry Ellis makes no representations or warranties that any of the products or services displayed on the Site will be available at any time or location.

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your electronic display, we cannot guarantee that the display of any color will be accurate.

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to PEI on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain PEI's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to PEI of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. PEI is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that none of the Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that PEI may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of PEI's products or services, or for such other purpose(s) as PEI deems appropriate. You agree that PEI may use and/or disclose information consistent with our Privacy Policy, available on the Site.

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions, including those that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.

To the extent that this Site contains links to outside services and resources, including other websites, the availability and content of which PEI does not own, operate or control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service, resource or website. Any such links are provided solely as a convenience to you. If you click on these links, you will leave this Site. PEI makes no representations or warranties concerning and is not responsible for the content, information or other material on or accessed from any other websites that are not owned, operated or controlled by PEI. You should carefully review the website terms and privacy policy of any such websites before use.

Unless otherwise specified and except to the extent Perry Ellis products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Perry Ellis® products and services available in the United States and select foreign markets. This Site is hosted in California and operated by PEI from its offices in New York, Miami or London.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively in the U.S. District Court for the Southern District of Florida, unless jurisdictional limits prohibit it, in which case, any dispute shall be resolve​d​ in state court or small claims court in Miami-Dade County, Florida.

Third-party trade names, product names and logos, contained in this website may be the trademarks or registered trademarks of their respective owners.

PEI will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent for this website:

You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

This Agreement is effective unless and until terminated by either you or PEI. You may terminate this Agreement at any time. PEI also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in PEI's sole discretion you fail to comply with any term or provision of this Agreement.

Perry Ellis offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts, and other marketing offers by SMS message (the "Service") on 76006. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy .

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Perry Ellis reserves the right to stop offering the Service at any time with or without notice.

By opting into the Service, you:

1. Authorize Perry Ellis to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
2. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
3. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. If you get a new mobile number, you will need to sign up for the program with your new number.
4. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact us at 3000 NW 107th Ave. Miami, FL 33172. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

Content You May Receive

Once you affirm your choice to opt-in to the Service on 76006, your message frequency may vary. You may receive alerts about:

1. Sale promotions
2. Event information
3. Product launch announcements
4. Cart reminders
5. Back in stock alerts
6. Price drop alerts
7. Low inventory alerts
8. Shipment information

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. SMS consent is not a condition of purchase.

Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Perry Ellis may add or remove any wireless carrier from the Service at any time without notice. Perry Ellis and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

To Stop the Service

To stop receiving text messages from Perry Ellis, text the word STOP to 76006 any time or reply STOP to any of the text messages you have received from Perry Ellis. This is the exclusive method for opting out. After texting STOP to 76006, you will receive one additional message confirming that your request has been processed. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Perry Ellis and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Perry Ellis through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the Service.

Questions

You can text HELP for help at any time to 76006. This will provide you with [email protected]. You can also contact us at 3000 NW 107th Ave. Miami, FL 33172.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Perry Ellis International will be resolved by binding arbitration, rather than court.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Perry Ellis International hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Perry Ellis International ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND PERRY ELLIS INTERNATIONAL AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

You and Perry Ellis International are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Perry Ellis International, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.

Limitation of Liability

Except where prohibited by law, in no event shall Perry Ellis be liable for any special, indirect, or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the program, or the performance or non-performance by Perry Ellis or any third-party providers of products or services related to this program. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if Perry Ellis has been advised of the possibility of such damages.

Applicable Law

Unless prohibited by the laws of your jurisdiction, any controversy or claim arising out of or relating to these Terms & Conditions or relating to the use of the program shall by governed by the laws of the State of Florida, United States of America, exclusive of the choice of law rules thereof, and shall be resolved in a state or federal court in Miami-Dade County, Florida.

Merger; Waiver; Severability

These Terms & Conditions constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of Perry Ellis in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms & Conditions will operate as a waiver thereof. If any provision of these Terms & Conditions is found to be invalid, unenforceable, or void, (i) that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and (ii) the legality, validity and enforceability of the remaining provisions of these Terms & Conditions shall not be affected or impaired thereby.

Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. Open only to legal residents of the fifty (50) United States, District of Columbia, or Puerto Rico, who are eighteen (18) years of age or older at time of entry. VOID WHERE PROHIBITED. The Sweepstakes begins at 12:00:01 a.m. CDT on August 15, 2024 and ends at 6:00:00 p.m. CDT on August 18, 2024 at the Perry Ellis Tulsa Store located at 801 East Outlet Drive, Space #7170, Jenks, OK 74037. Limit one (1) entry per person. Odds of winning depend on the number of eligible entries received. For complete official rules, visit perryellis.com. Sponsor: The Perry Ellis® brand is owned by Perry Ellis International, Inc. and/or its subsidiaries, Miami, FL 33172. Data rates may apply. All data collected is held in accordance with our privacy policy.

Perry Ellis $250 SHOPPING SPREE SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. The Perry Ellis Tulsa Grand Opening Sweepstakes (the "Sweepstakes") begins on August 15, 2024 at 12:00:01 AM Central Daylight Time ("CDT") and ends at 6:00:00 PM CDT on August 18, 2024, during which time all entries must be received. The Sweepstakes will take place at the Perry Ellis Tulsa store located at 801 East Outlet Drive, Space #7170, Jenks, OK 74037 (the “Store”). Central Daylight Time shall control for all purposes of this Sweepstakes. Sponsor's clock shall be the official timekeeper for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.

1. Eligibility. Open only to legal residents of the fifty (50) United States and the District of Columbia, who are eighteen (18) years of age or older at the time of entry. Proof of residency and age may be required. Employees of Perry Ellis International, Inc. ("Sponsor"), its parent, 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 (3) months a year, whether related or not. In order to enter the Sweepstakes or receive a 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-designated judges, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
2. How to enter. To enter the Sweepstakes, during the Entry Period, you must sign up for Sponsor’s Perry Perks loyalty program and drop your email in the designated entry bowl located at the Store to receive one (1) entry into the Sweepstakes. Existing Perry Perks members are eligible to participate. Although it is free to enter the Sweepstakes, standard message and data charges may be incurred if you use your wireless device to submit your entry. ALL ENTRIES MUST BE RECEIVED BY 6:00:00 PM CDT ON AUGUST 18, 2024. Limit one (1) entry per person. Entries or attempts at entries by the same person in excess of the limits stated herein will be disqualified. Use of multiple emails, bots or other automated devices to enter by the same individual is prohibited and may result in disqualification. Entries will be deemed to have been submitted by the authorized account holder of the email address submitted by entrant with its entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned.
3. Random Drawing; Odds of Winning. After the close of the Entry Period, One (1) potential winner will be randomly selected by Sponsor from all eligible entries received during the Entry Period. Odds of winning depend upon the total number of eligible entries received during the Entry Period.
4. Prizes. One winner will receive a €250.00 Perry Ellis International shopping spree, awarded in the form of a single-use gift card/redemption code, which is valid towards a one-time in-store purchase up to €250.00 (exclusive of any applicable sales tax, shipping or other fees) made at the Perry Ellis Tulsa store (801 East Outlet Drive, Space #7170, Jenks, OK 74037). Gift card/redemption code must be redeemed in one (1) order; not valid towards the purchase of gift cards. Approximate retail value ("ARV") of prize: €250.00. All federal, state and local taxes on the prize are the sole responsibility of the prize winner. Gift card/redemption code will not be replaced if lost or stolen. Any portion of prize not accepted or unclaimed and/or unused by winner will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of 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). ARV of prizes is in U.S. dollars.
5. Winner Notification. Potential winner will be notified via email using the information provided by potential winner with its entry. Winner may be required, in Sponsor's discretion, to complete and return a Declaration of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Declaration") by the date or within the time frame specified by Sponsor or an alternate winner may be selected, in Sponsor's discretion. If potential winner is under the age of majority in its state of legal residence, the Declaration must be executed on its behalf by its parent or legal guardian. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based or winner notification or Declaration is returned as undeliverable; (b) potential winner 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 Sweepstakes or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Declaration-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received.
6. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, a winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's name, city and state 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 Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, 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 Sweepstakes, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prize. In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at https://privacy.pery.com. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor. Sponsor is not responsible for disclosures made by any third party.
7. No Tampering, Right To Cancel, Modify. Sponsor and its parent, 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, and including but not limited to, by reason of spam filters, inactive email accounts or an entrant's failure to monitor its email account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes 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, epidemic, pandemic or outbreak of communicable disease, quarantine, national, regional or state of emergency or emergency disaster, weather or any other similar event, cause or circumstance beyond Sponsor's reasonable control; or (g) 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 promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prizes in a random drawing from all eligible entries received as of the termination date.
8. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Sweepstakes, entrants agree to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, directors and members (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 Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantee, express or implied, in fact or in law, relative to any prize or any component thereof. 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 or Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Miami-Dade County, State of Florida. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non convenient 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.
9. Sponsor: Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172. Any and all questions, comments or complaints regarding the Sweepstakes must be directed to Sponsor.
10. Winner List. To obtain a copy of the official winner's list, available after 1:00:00 PM CDT on August 20, 2024 send a self-addressed, stamped envelope to: Tulsa Grand Opening Sweepstake’s, Perry Ellis $250 Shopping Spree Sweepstakes, Perry Ellis International, Inc., 3000 N.W. 107 Avenue, Miami, Florida 33172, for Sponsor's receipt by August 30, 2024.

If you have any questions about these Terms and Conditions, please contact us at [email protected].