LACOSTE Miami Open presented by Itau Sweepstakes
Terms & Conditions
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. PARTICIPATION IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE SWEEPSTAKES TERMS & CONDITIONS.
Note: If you are not available to attend the 2016 Miami Open presented by Itau Finals on April 1, 2016 to April 3, 2016, you will not be able to enjoy the Grand Prize and the prize will be forfeited without any compensation.
1. Eligibility: NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. To be eligible to participate in the Miami Open presented by Itau Sweepstakes (“Sweepstakes”) you must be: (1) a resident of the forty-eight (48) contiguous United States (including the District of Columbia); and (2) at least 21 years of age or older at the time of entry. Employees and representatives of LACOSTE USA, Inc., its subsidiaries, affiliated companies, agents, and their immediate family members (defined as spouse, parents, siblings and children) and persons living in the same household, are not eligible to participate or win. Sponsor (as defined below) reserves the right to verify eligibility and to adjudicate on any dispute at any time. Note: If you are not available to travel on or 04/01/16 to 04/03/2016, you will not be able to enjoy the Grand Prize and the prize will be forfeited.
2. Sponsor: The sponsor of this Sweepstakes is LACOSTE USA, Inc. (dba LACOSTE®), located at[551 Madison Avenue, New York, NY, 10022 (“Sponsor”).
3. Term: The Sweepstakes begins on 03/01/2016 at 12:01 a.m. Eastern Time (“ET”) and ends on 03/15/2016 at 12:01 a.m. Eastern Time (“ET”) (“Sweepstakes Term”).
4. How to Enter: There are three ways to enter. First, you can visit www.lacoste.com and click on the link for the Miami Open presented by Itau Sweepstakes. Follow the instructions to complete the form on the entry page. You can enter in person at any LACOSTE Boutique in the contiguous 48 states. Finally, you can mail your name, address, email, phone number and date of birth to LACOSTE Miami Open presented by Itau Sweepstakes 551 Madison Avenue Suite 1600, New York, NY 10022. To be eligible for a prize, entry must meet the “Entry Requirements” described below.
LIMIT: ONE ENTRY PER PERSON DURING THE SWEEPSTAKES TERM REGARDLESS OF METHOD OF ENTRY. 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. Multiple participants are not permitted to share the same email address. Bulk entries, entries submitted by third parties, mechanically reproduced or photocopied entries, or entries created using automation or computer programs are prohibited and automatically void. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind whether, human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of a participant, the authorized account holder of the email address/user name associated with the submission used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address/user name, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses/user names for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win a prize.
5. Entry Requirements
To be eligible for any prize, Entrant must submit an entry that meets the following requirements (“Entry Requirements”):
- Entries must be in English.
- Entries must be filled out in their entirety.
- Entries must be written legibly
Sponsor may disqualify an entry for failing to meet the Entry Requirements at any time after submission.
To be eligible, the Sponsor must receive the entry during the Sweepstakes Term. Entries that arrive after the end of the Sweepstakes Term will not be considered.
6. Prize: One (1) grand prize will be awarded following the Sweepstakes Term, consisting of two (2) tickets to the 2016 Miami Open Finals, airfare from home city to Miami International Airport (MIA) and a 3 day, 2 night stay in a Downtown Miami Hotel and a $2,500 LACOSTE Gift Card. Note: To enjoy the Grand Prize, the winner must be able to attend the 2016 Miami Open Finals on or about April 1, 2016 to April 3, 2016. If you are unable to attend the 2016 Miami Open Finals, please do not enter. Approximate Retail Value (“ARV”) of the Grand Prize: $5,000.00. Odds of winning are dependent on the number of eligible entries received and the submissions received by the Sponsor. Local transportation cost or fees not to exceed $200.00 will be covered by the Sponsor. No other costs or fees associated with the winner’s attendance to the 2016 Miami Open Finals will be awarded. Winner responsible for any additional lodging fees or incidental fees incurred.
8. Winner Selection & Notification: On or about 03/18/2016, a panel of judges employed by Sponsor will select at random one (1) potential winner.
The potential winner will be notified by email on or about three (3) business days after the end of the Sweepstakes Term. Except where legally prohibited, each potential winner must sign and return, within 24 hours days of being notified (or within the time period stated on the notification), an Affidavit of Eligibility, Liability & Publicity Release (where legal) in order to claim his/her prize. If any potential winner fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release (“Release Document”) within the required time period, or the prize notification is returned as undeliverable or is ignored, or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries.
All potential winners are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete. Prizes are non-transferable and no substitution will be made except Sponsor reserve the right, in its sole discretion, to substitute any prize for one of equal or greater value for any reason. Each prize consists of only those items specifically listed. Expenses not specifically stated above (including, but not limited to taxes, fees, meals, gratuities, insurance and incidentals), together with the reporting and payment of all applicable taxes, fees, duties, gratuities, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of any prize, are the sole responsibility of the winner. Other restrictions, conditions, and/or limitations may apply. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
Additional Terms for Grand Prize: The Grand Prize winner understands and agrees that Sponsor has the right to disqualify and remove the Grand Prize winner or his or her guest from any activity at any time without compensation if the Grand Prize winner’s or his or her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor or prize provider or otherwise violates the policies of the Sponsor or prize providers, and in such a case, Grand Prize winner will still be solely responsible for all taxes and other expenses related to the Grand Prize. Winner may be accompanied by a “Guest” to the 2016 Miami Open Finals. Guest must be at least 21 years or older. Guest will be required to sign the Release Document. In the event Guest refuses to sign the Release Document, winner may be required to select an alternative Guest. Grand Prize winner and Guest are solely responsible for providing all necessary identification documents. Sponsor is not responsible for lost or stolen tickets/itinerary/identification, etc. Grand Prize winner is solely responsible for all federal, state and local taxes and any other costs, incidentals, and any other expenses associated with Grand Prize acceptance and use not specifically mentioned as being provided, including, but not limited to, unspecified ground transportation and/or luggage handling between Grand Prize winner's home and airport, and items not included as part of the winning Grand Prize package. All other expenses and incidentals not specifically mentioned as being included are excluded and are the Grand Prize winner’s sole responsibility. Grand Prize is non-commissionable and no substitutions, transfers, or cash equivalents for the Grand Prize (or prize component) are permitted, except that Sponsor may substitute a prize component of equal or greater value for any reason. Prize is non-transferable and no substitution is permitted, except by Sponsor (as defined above) who reserves the right, in its sole discretion, to substitute the prize for one of equal or greater value, if prize becomes unavailable. The Grand Prize winner will be solely responsible for all applicable federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded.
9. Release and Limitations of Liability and Indemnification: By entering the Sweepstakes, each entrant agrees to release and hold harmless Sponsor and its vendors, suppliers, affiliates, distributors, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees, and agents (Released Parties) from and against any liability, claim or cause of action, including, but not limited to personal injury, death, damage, or loss arising out of participation in the Sweepstakes or receipt, use, or misuse of any prize or any portion of any prize. By entering the Sweepstakes, entrants further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees and that under no circumstances will an entrant be permitted to obtain awards for, and all entrants hereby waive all rights to claim 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. Each entrant shall fully indemnify, hold harmless and defend LACOSTE and its directors, officers, employees, agents, stockholders and Affiliates (Indemnified Parties) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to (1) any breach of the Sweepstakes any representation or warranty of LACOSTE contained in this Agreement, (2) any breach or violation of any covenant or other obligation or duty of LACOSTE under this Agreement or under applicable law,
in each case whether or not caused by the negligence of the entrant or any other Indemnified Party and whether or not the relevant Claim has merit. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
The Released Parties are not responsible for (1) any incorrect or inaccurate information, whether caused by an entrant, printing errors, or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or Sweepstakes administration; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any entrant’s participation in the Sweepstakes or receipt, use or misuse of the Prize or any portion of the Prize. If for any reason an entrant’s entry is confirmed to have been lost or otherwise destroyed or corrupted during the Sweepstakes Period, the entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of Prizes will be awarded.
10. Publicity: Except where prohibited, participation in the Sweepstakes constitutes the winner’s consent to Sponsor and it’s agents’ use of the winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: By participating in the Sweepstakes, each entrant accepts the conditions stated in these Terms & Conditions, agrees to be bound by Sponsor’s decisions, and warrants that he or she is eligible to participate in this Sweepstakes. Failure to comply with these Terms & Conditions may result in disqualification from the Sweepstakes. Entrants further agree to comply with and be bound by decisions of Sponsor, which shall be final in all respects. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the operation of the Sweepstakes or Sponsor’s web site(s); (b) violating these Terms & Conditions; (c) violating the conditions of service, conditions of use and/or general rules or guidelines of any of Sponsor’s property or services; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in their sole discretion. Sponsor reserves the right in its sole discretion to disqualify from this Sweepstakes any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Terms & Conditions or in an unsportsmanlike, fraudulent, or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor reserves the right to correct clerical or typographical errors in promotional materials. Sponsor’s failure to enforce any term of these Terms & Conditions shall not constitute a waiver of that provision.
12. Privacy: By participating in the Sweepstakes, you consent to the collection, use and disclosure of your personal information as described in Lacoste’s privacy policy, located at http://www.lacoste.com/us/PrivacySecurity.html .
13. Governing Law: The Sweepstakes is subject to all federal, state, and local laws. The Terms & Conditions are governed and interpreted by the laws of the State of New York, without regard to its conflict of law provisions.
14. Force Majeure: In the event that any obligation under this agreement by the entrant or LACOSTE is prevented or delayed due to acts of God, exchange controls, wars, hostilities, blockades, civil disturbances, revolutions, strikes, terrorist attacks, or lockouts, transportation interruption or delays, or for any other reasons which are, in the reasonable opinion of the entrant and LACOSTE its control (“Force Majeure Condition”), the entrant and/or LACOSTE shall promptly notify the other Party of such Force Majeure Condition and the Parties shall use its best efforts to arrange for a mutually agreeable change of time or date for the Miami Open. LACOSTE will not pay any additional travel expenses and cost incurred by the entrant as a result of a Force Majeure Condition. If a change of date or time cannot be agreed upon then, the entrant and LACOSTE agree that the prize will be forfeited.
15. Terms & Conditions: This document constitutes the Terms & Conditions and will be available at this site during the Sweepstakes Term. A copy of the Terms & Conditions may also be obtained by sending a self-addressed, stamped envelope to: 551 Madison Avenue, Suite 1600 New York, NY 10022. Note: Vermont residents may omit return postage.