Shawn Mendes x New York Competition Terms and Conditions
Calvin Klein Shawn Mendes Giveaway
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Calvin Klein Shawn Mendes Giveaway (the “Prize Draw”) is open only to legal residents of Australia and New Zealand who are at least eighteen (18) years of age and must hold a valid passport. Those who are employees of Calvin Klein, Inc., Calvin Klein Europe B.V., Phillips-Van Heusen Corporation, Anschutz Entertainment Group, Gazal, Inc. or their affiliates, subsidiaries, representatives, advertising, promotion and publicity agencies, or who are immediate family members or persons living in the same household of each such employee (whether related or not) are not eligible. Subject to all applicable laws and regulations. Void where prohibited. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. Timing: The Prize Draw begins at 1 August 2019 at 12:00:01 a.m. (AEST) and ends at 15 August 2019 at 11:59:59 p.m. AEST (the "Prize Draw Period"). All times are expressed in Australian Eastern Standard times. Please see world clock for time zone conversion information. Administrator’s computer is the official time keeping device for the Prize Draw.
4. How to Enter: Visit the Prize Draw Web site at Calvinklein.com.au//shawn-mendes complete the online registration form including your name, valid email address, country and postal code. For completing these mandatory fields, reading these Official Rules and submitting the registration form, you will automatically receive one (1) entry into the Prize Draw, as set forth in Section 5 below.
LIMIT: One (1) entry per person during the Prize Draw Period. Use of any automated system to participate in the Prize Draw is strictly prohibited and will result in disqualification and all entries submitted or received via such automated system will be void. The Promoter is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected information or entries, caused by the entrant, which will be disqualified and void. In the event of a dispute as to the identity of any entrant, the authorized account holder (as defined herein) of the email address used by, or connected to, the eligible entrant will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being an authorized account holder.
Prize Drawings: On 16 August 2019 at 11 AM, Administrator will randomly select one (1) potential winner. The drawings will take place at the Administrator’s offices at the address set forth above. The potential winner will be notified via the email address provided during registration. The potential winner who has been contacted by the Promoter will be required to sign and return a Declaration of Compliance and Liability Waiver (“Declaration”) which must be received by Administrator, within two (2) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner fails to complete, sign and return the Declaration within the required time period, the potential winner forfeits the prize and it will be offered to the eligible entrant whose entry was the next valid entry drawn. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner forfeits the prize or is disqualified for any reason, Promoter will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Due to the timing of the trip prize, Promoter may only select one (1) alternate potential winner, after which the applicable prize will not be awarded. The winners will be notified in writing by email, and their name will be published at https://www.calvinklein.com.au/shawn-mendes-tcs within three business days of the draw date, for a period of 28 days. The promoter might also contact the winner by telephone.
5. Prizes: Promoter will award one (1) Grand Prize trip. GRAND PRIZE: A trip for winner and a guest (aged at least 18 years of age and holding a valid passport) to USA, to attend Shawn Mendes Concert. Winner and guests must travel on 22 August 2019 and return 26 August 2019 or prize will be forfeited. Trip package includes round trip, coach/economy-class air transportation for two (2) from a major airport near winner’s residence (determined by Promoter) to either New York or Los Angeles, California (depending on the availability); four (4) night's accommodations at a hotel determined by Promoter in its sole discretion (single room, double occupancy); round trip ground transportation to and from the airport to hotel; 2 tickets to the Shawn Mendes concert; $500 USD (fulfilled as a gift card or Direct Deposit) spending money; and travel agent services. Approximate Retail Value (“ARV”) of $10,000
For All Prizes: If applicable, winner and guest must have a passport and any other necessary documents for international travel. Each winner must travel on the dates determined by Promoter in its sole discretion or prize will be forfeited. Winners are obligated to work with Promoter’s travel agent to book trip immediately upon winner confirmation. Trip must be booked immediately upon winner confirmation. Travel and accommodations are subject to availability. Travel must be round trip. Promoter will determine airline and flight itinerary in its sole discretion. If in the judgment of Promoter air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at Promoter’s sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Prize Draw, and those set forth by the Promoter’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Winner’s travel companion must be at least eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. Each travel companion must execute liability releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Promoter will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Promoter is not responsible if the awarded Shawn Mendes event is delayed, postponed or cancelled for any reason, in which event that portion of prize may be forfeited in its entirety and no substitution will be provided except as in Promoter’s sole discretion. Actual value may vary based on airfare fluctuations, currency exchange rate fluctuations, and the distance between departure and destination. A winner will not receive difference between actual and approximate retail value. Prizes are non-transferable and no substitution will be made except as provided herein at the Promoter’s sole discretion. Promoter reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. To the extent permitted by applicable law, winners are responsible for all taxes and fees associated with prize receipt and/or use. No substitution, assignment or transfer of any prizes permitted, except by Promoter, who reserves the right to substitute a prize with another prize of comparable or greater value. Subject to licencing authority approval. To the extent permitted by applicable law, winners are responsible for all applicable taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person
6. Release: To the fullest extent permitted by law, by entering the Prize Draw, each entrant agrees to release and hold harmless the Promoter, Calvin Klein Europe B.V., Phillips-Van Heusen Corporation, Anschutz Entertainment Group, Gazal, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, damage to or loss of property arising out of participation in the Prize Draw or receipt or use or misuse of any prize. This clause does not apply to damage caused by Released Parties’ intentional or gross negligence, or if the Released Parties cause any personal injury, bodily harm or death, or by Released Parties’ breach of any of its material obligations under these Official Rules, including the conduct of the drawing and the fulfillment of prizes in accordance with the Official Rules
7. General Conditions: Promoter reserves the right to cancel or modify the Prize Draw if fraud, technical failures, human error or any other factor impairs the integrity of the Prize Draw, In such event, Promoter reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Promoter reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Prize Draw, or to be acting in violation of the Official Rules of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Prize Draw is a violation of criminal and civil law, and, should such an attempt be made, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Promoter's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Limitations of Liability: Except where prohibited by law, the Released Parties are neither liable nor responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilised in the Prize Draw; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorised human intervention in any part of the entry process or the Prize Draw; (4) technical or human error which may occur in the administration of the Prize Draw or the processing of entries; (5) late, lost, undeliverable, damaged or stolen post/mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the entrant’s participation in the Prize Draw or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry into the Prize Draw, if it is possible. If the Prize Draw, or any part of it, is discontinued for any reason, Promoter may elect to hold a random draw from among all the eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the Promoter reserves the right to award only the stated number of prizes via a random draw among all the legitimate, un-awarded, eligible prize claims. This clause does not apply to damage caused by Promoter or the Released Parties’ intentional or gross negligence, and to the extent Promoter or Released Party causes any personal injury, bodily harm or death.
9. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Prize Draw or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Court of New South Wales,; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Prize Draw, but in no event attorneys’ fees; and (3) 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 any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Promoter in connection with the Prize Draw, shall be governed by, and construed in accordance with, the laws of the state of New South Wales without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State New South Wales, Australia of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
Personal information will be used to contact potential winners and fulfill the prizes. Personal information will also be used by Promotor to send entrant marketing communications. Entrants have the right to access, withdraw, and correct their personal data at any time. Entrants may request such action by sending a message to VIP@pvhbrandsaustralia.com.au , or write to us at: Retail VIP Program Manager, PVH Brands Australia Pty Ltd, 3-7 McPherson Street, Banksmeadow NSW 2019. The data controller is the Promoter. The data recipients are the Administrator and the Promoter. Entrant’s personal data will be stored by Administrator on servers located within Australia. 11. Severability: If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
Permit Numbers: SA: T19/1228, NSW: LTPS/19/36538, ACT: TP19/03829
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