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Pima Tee Sweepstake Rules

WIN A SET OF A|X PIMA TEES AND A SPOT ON THE A|X PIMA LANDING PAGE AND ON THE A|X INSTAGRAM PAGE

 OFFICIAL SWEEPSTAKES RULES

 NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  ONLY ENTRIES FEATURING APPAREL WITHOUT VISIBLE BRANDING WILL BE CONSIDERED.

 A purchase will not improve chances of winning.

 This Promotion is not sponsored or endorsed by Instagram.

CONSUMER DISCLOSURE

You have not yet won. 

OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD (OR THE AGE OF MAJORITY IN THE JURISDICTION OF THEIR RESIDENCE, IF OVER 18) AS OF THE DATE OF ENTRY

By entering this Promotion, entrants accept and agree to be bound by these official rules (Rules).  Any violation of these Rules may, at Sponsor's discretion, result in disqualification.  All decisions of the judges regarding this Promotion are final and binding in all respects.

1.    PROMOTION PERIOD.  Promotion begins August 4, 2015 at 10:00 am EDT and ends September 8, 2015 at 12:00 pm EDT ("Promotion Period").

2.    ELIGIBILITY.  This sweepstakes (the "Promotion" or "Sweepstakes") is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old (or the age of majority in the jurisdiction of their residence, if over 18) as of the date of entry ("Entrant"), except officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.

 3.           HOW TO ENTER. During the Promotion Period, upload a photograph of you wearing a t-shirt in a stylish manner to Instagram (an "Entry").  Use the hashtag #ProjectPima in the post and tag @ArmaniExchange in the photograph.  The t-shirt must not display any branding devices (such as logos), graphic devices (such as pictures) or words in any language.  Partial or incomplete submissions will NOT BE ACCEPTED. All Entries must be received by September 8, 2015 by 12:00 pm EDT.  All Entries shall become the property of the Sponsor and will not be acknowledged or returned, so please keep a copy of your Entry.  Limit: One Entry per person during the Promotion Period.  All Entrant information, including e-mail addresses, is subject to the Privacy Policy of the Sponsor.

BY SUBMITTING A PHOTOGRAPH ALONG WITH THE HASHTAG #PROJECTPIMA AND TAG @ARMANIEXCHANGE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO THESE RULES. DO NOT SUBMIT A PHOTOGRAPH WITHOUT FIRST REVIEWING THESE RULES.

4.           REQUIREMENTS OF ENTRIES.  Your Entry must be an original photograph showing you wearing a t-shirt in your stylish best way.  You may take the picture yourself or have someone else take the picture, but only you may be in the picture.  The background should be simple, with no recognizable branding devices or elements in view.  If someone else takes the picture for you, have that person use your personal device to take the picture; you may only submit photographs that you own.  Any Entry submitted in connection with the Sweepstakes (i) may not include any product claims or criticisms of third-party products; (ii) may not be inappropriate, offensive, libelous or defamatory, pornographic; unlawful or plagiarized, as determined by Sponsor in its sole discretion; (iii) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsor in its sole discretion; (iv) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (v) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights; (vi) may not contain commercial or corporate advertising, including but not limited to corporate logos, brand names, and slogans; (vii) may not contain the name, image or likeness of anyone other than Entrant; and (viii) if found to be in violation of these Rules will be disqualified and therefore removed from the Sweepstakes.

By submitting an Entry, Entrant hereby (i) represents and warrants that the Entrant owns all right, title and interest in the Entry; (ii) irrevocably assigns the Entry to Sponsor; and (iii) grants permission for the Entry to be posted on www.armaniexchange.com or other Sponsor branded websites and social platforms, including the A|X Instagram page, and in all other media now known or later devised or perfected, for advertising, promotional and archival purposes on a perpetual and worldwide basis.  Entrant agrees that Sponsor is not responsible for any unauthorized use of Entries by third parties.  Sponsor does not guarantee the posting of any Entry.  Entrants agree that they will not use the Entry for any other purpose, including without limitation, posting the Entry to any online social networks, without the express written consent of Sponsor in each instance. 

5.       WINNER SELECTION AND NOTIFICATION.  Three (3) Entries will be selected by members of an A|X creative team from all eligible Entries on or about September 8, 2015 (the "Selection Date").  On or about September 8, 2015 at 3:00 pm EDT, the three (3) selected Entries will be posted in a row on the A|X Instagram page.  The three (3) selected photographs will remain posted for approximately twenty-four (24) hours.  On or about September 10, 2015 the Entry with the most Instagram "likes" will be deemed the winner and the winner will be notified by Instagram, email, or mail.  If a potential winner: (i) cannot be contacted; (ii) does not respond within one (1) day from the date the Sponsor first tries to notify him or her; (iii) fails to return the Affidavit and Release as specified in Rule 10; (iv) refuses the prize; or (v) the prize or prize notification is returned as undeliverable, the potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected.  Upon contacting a potential winner and determining that he or she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor's discretion, successful completion of a background check, such individual will be declared the "winner" of the Promotion.

6.       PRIZE DESCRIPTION.  There will be one (1) winner.  The prize is a full set of A|X Pima tee shirts (approximate retail value of [U.S. $445]).  The winner will be featured on the A|X Pima landing page and the A|X Instagram page for a limited time only, as determined by Sponsor in its sole discretion. 

7.    TAXES.  All federal, state and local income and other taxes, if any, are the winner's sole responsibility.  If you are the winner, please discuss any tax consequences with your tax adviser in order to fully understand your obligations. 

8.    ODDS OF WINNING.  The Sweepstakes is a contest of artistic skill and not a game of chance.  Odds of winning depend on the number of eligible Entries received by Sponsor.  All Entries will be evaluated based on their appeal, originality and creativity, as determined by an A|X creative team in its sole and absolute discretion. You understand and agree that submission of a photograph and your acceptance of the Rules do not guarantee that you will be selected as a winner in the Sweepstakes.  

9.    NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash.  Any portion of the prize that is not used is forfeited.  No substitutions for the prize are permitted, except by Sponsor (in its sole discretion), in which case a prize of equal or greater value will be substituted and such substitution shall fulfill Sponsor's obligations to the winner.

10.  CONSENT AND RELEASE. By entering the Promotion, each Entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). 

Except where prohibited: (i) entry into the Promotion constitutes the consent of the Entrant to use his or her name, likeness, username, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to submit a valid governmental photograph identification and to sign an affidavit of eligibility (including social security number) (the "Affidavit") and a liability/publicity release (the "Release").  The Affidavit and Release must be returned within two (2) days from the date that Sponsor first tries to notify the potential winner.  Sponsor may conduct a background check to confirm any potential winner's eligibility and compliance with these Rules.  By entering the Promotion, you agree to cooperate reasonably with any such background check.   If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its sole discretion, the potential winner may be disqualified and an alternate winner selected.  If the winner is deemed to be a minor in the jurisdiction of his/her residence, the prize will be awarded in the name of his or her parent or legal guardian who must execute the necessary Affidavit and Release.

Entrant shall indemnify and hold the Sponsor Entities harmless from and against any and all Claims arising out of or relating to the breach or alleged breach of the Entrant's warranties, representations, and covenants.

11.  DISCLAIMERS.  (i) Sponsor is not responsible for Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility on Instagram, at Sponsor's servers or otherwise.  In the event of any dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the natural person who is the authorized account holder of the transmitting email account associated with the Instagram User ID used to participate in the Promotion.  "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 other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion.  Use of bots or other automated process to enter is prohibited and may result in disqualification in the sole discretion of Sponsor.  (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.  (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error in its sole discretion without liability.  In no event will Sponsor be responsible for awarding more than the number of prizes specified in these Rules.  (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.  (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value of the prize set forth above represents Sponsor's good faith determination of the approximate retail value thereof; the actual fair market value as ultimately determined by Sponsor is final and binding and cannot be challenged or appealed.  In the event the stated approximate retail value of the prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise.  No substitution or compensation will be given for any portion of the prize that is not used.

Sponsor may modify the Rules at any time by posting amended rules on the Site. It is your responsibility to periodically check the Site to familiarize yourself with the current version of the Rules.

12.  APPLICABLE LAWS AND JURISDICTION.  This Promotion is subject to all applicable federal, state, and local laws and regulations.  Issues concerning the construction, validity, interpretation and enforceability of these Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws.  All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York, U.S.A.  Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York, U.S.A.  To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and under no circumstances will you be permitted to obtain judgments or awards for, and you hereby waive all right to claim, indirect, punitive, incidental and consequential damages and any other damages (other than the actual out-of-pocket expenses described above), and any and all rights to have damages multiplied or otherwise increased.

Some jurisdictions may not allow limitations or exclusion of liability for certain damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply to you. 

13. USE OF DATA. Sponsor will be collecting personal data about Entrants online, in accordance with its Privacy Policy. Please review the Sponsor's Privacy Policy at www.armaniexchange.com. By participating in the Sweepstakes, you hereby agree to Sponsor's collection and usage of your personal information and acknowledge that you have read and accepted Sponsor's Privacy Policy.

14.     WINNER LIST.  To find out who is the winner, please refer to the Sponsor's website and the A|X Instagram page on or about between September 9, 2015 and October 31, 2015].

15.     SPONSORSHIP.  This Promotion is sponsored by Presidio International, Inc., 111 8th Avenue, New York, NY 10011 (the "Sponsor").