Jos. A. Bank Clothiers, Inc.® ONLINE GIFT CARD SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS SWEEPSTAKES. Void in Puerto Rico, outside of the United States, and where prohibited by law. Subject to all federal, state and local laws, regulations, and ordinances.
The Jos. A. Bank® Online Gift Card Sweepstakes (the “Sweepstakes”) begins at 12:00:00 AM Eastern Daylight Savings Time (“ET”) on May 16, 2013 and ends at 11:59:59 p.m. ET on May 31, 2013 (the “Sweepstakes Period”).
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50 United States (including the District of Columbia) who are 21 years of age or older at time of entry and have a valid, working email address. Employees, officers, and directors of Jos. A. Bank Clothiers, Inc. and any of its parent companies, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, website providers, web masters, and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent on fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner. Only one entry per person permitted. Entrants only eligible to win one prize during the Sweepstakes Period.
2. SPONSOR: Jos. A. Bank Clothiers, Inc. 500 Hanover Pike, Hampstead, MD 21074 (“Sponsor”).
4. PRIZE DRAWINGS: A random drawing will be held on or about the first day of each month from among all eligible entries received in the previous month. Sponsor’s decisions are final and legally binding on all matters relating to the Sweepstakes. Odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period. Sponsor reserves the right to modify scheduling of the contest without prior notice.
5. WINNER NOTIFICATION AND VERIFICATION: Potential winner will be notified by email within one week following the date of the random drawing selecting the winner. Potential prize winner does not need to be online at the time of the notification. Except where legally prohibited, potential winner may be required to complete and return an affidavit of eligibility, liability/publicity release within twenty-one (21) days of being notified or an alternate winner will be selected. Upon verification of winner’s eligibility by Sponsor, Prize will be sent to winner’s home address. Noncompliance with the foregoing, failure to abide by these Official Rules, failure to respond within seven (7) days after the first attempt to contact the potential winner or return of the prize notification or prize as undeliverable may result in disqualification and the naming of an alternate potential winner. Up to 3 alternate drawings will be held, after which any remaining prizes will remain un-awarded. No compensation will be given upon prize forfeiture for any reason. Unaccepted prizes may not be awarded within sole discretion of Sponsor. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants.
6. PRIZE: One (1) Winner will receive one (1) $500 Jos. A. Bank® Gift Card. Maximum Approximate Retail Value (“ARV”) of Prize is $500. Limit one prize per person.
7. PRIZE CONDITIONS AND RESTRICTIONS: Prize is not transferable and no substitution is allowed except in Sponsor’s sole discretion. Prize may not be redeemed for cash. Sponsor reserves the right to substitute prize of equal or greater value if an advertised prize (or portion of prize) is unavailable. Winner is responsible for any loss of prize or portion of prize after it has been delivered. Sponsor will not replace any lost or stolen prizes. Any and all applicable federal, state and local taxes (including but not limited to income and sales taxes) and all fees, costs, and expenses related to acceptance and use of the prize not specifically stated herein are the sole responsibility of winner. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. Additional terms and conditions apply to Jos. A. Bank® gift card; see card for terms and conditions.
8. EXPIRATION: Unless otherwise prohibited by law in winner’s state of residence, prize will expire one year from date of issuance.
9. GENERAL CONDITIONS: This Sweepstakes is governed by the laws of the United States. Void in Puerto Rico, outside the United States and where prohibited by law. If, for any reason, the Sweepstakes is not capable of running as planned, including due to tampering, unauthorized intervention, fraud, technical failures, transmission or computer error, computer viruses, bugs or any other causes beyond the control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Sweepstakes (or any portion thereof); (b) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prizes from among the eligible, non-suspect entries received up to the time of impairment.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES 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 Sweepstakes, 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 Sweepstakes; 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. Use of automated entries or programs or entries submitted by third parties are prohibited and will be disqualified. Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that participant’s entries and that participant may be disqualified at Sponsor’s discretion. Entrants agree that Sponsor shall own the entries, which shall not be acknowledged or returned.
10. RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR AND ITS AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLICATIONS, AND PROMOTIONAL, FULFILLMENT, AND MARKETING AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) 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 A PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES INCLUDING COMPUTER MALFUNCTIONS, OR MISDIRECTED OR INCOMPLETE ENTRIES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO DELAYS OR INTERRUPTIONS RESULTING FROM ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) TO PERSONS.
WITHOUT LIMITING THE FOREGOING, AND EXCEPT WHERE PROHIBITED BY LAW, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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.
11. PUBLICITY AND ADVERTISING: EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS SUBSIDIARIES, AFFILIATES, RETAILERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND/OR BIOGRAPHICAL INFORMATION (INCLUDING WITHOUT LIMITATION HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
12. OFFICIAL RULES AND WINNERS LIST: For the names of past winners or for a copy of these Official Rules, please visit www.josbank.com or send your request along with a self-addressed, stamped envelope to: Jos. A. Bank Clothiers, Inc. 500 Hanover Pike, Hampstead, MD 21074. Vermont residents may omit return postage.
Jos. A. Bank Clothiers, Inc. shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2009. Jos. A. Bank® is a registered trademark of Jos. A. Bank Clothiers, Inc. All rights reserved.