NO PURCHASE OR OBLIGATION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. Promotion begins on November 5, 2008 at 12:00 AM (EST) and ends on December 24, 2008 at 11:59 PM (EST) (“the Promotion Period”) and is sponsored by Kenneth Cole Productions, Inc., 603 West 50th Street, New York, NY 10019, or one of its subsidiaries or affiliates (“Sponsor”).
ELIGIBILITY: The Promotion is only open to individuals who, at the time of entry deadline, are: (1) legal residents of the United States, and (2) 18 years of age or older. Corporations and other organizations are not eligible. Employees, officers, directors, agents, representatives, licensees and vendors of Sponsor, its subsidiaries, affiliates and advertising agencies, and their immediate families (spouse, domestic partners, parents, children, siblings and their spouses/domestic partners) and individuals residing in the same household as such individuals are ineligible. Void where prohibited by law. By participating in this promotion, entrants agree to be bound by these official rules and by the decisions of Sponsor, which are final in all matters relating to the Promotion. The Promotion is subject to all federal, state and local laws and regulations and is void outside the 50 United States and the District of Columbia and where prohibited.
ENTRY: To enter, go to www.kennethcole.com/charity to access and complete the online submission form, submit a completed entry form at any Kenneth Cole retail store, or send your name, address, and phone number in a postcard or letter to Kenneth Cole Productions, Inc., 603 West 50th Street, New York, NY 10019, Attention: MARKETING DEPARTMENT / MAKE YOUR PRESENTS FELT PROMOTION. All requested information must be provided or the entry will be void. One entry per person. One entry per e-mail address. Multiple entries from the same person, even if made in connection with different e-mail addresses, are not permitted. All entries must be submitted or postmarked by December 24, 2008 at 11:59 PM (EST), and received by the Sponsor by December 31, 2008 at 11:59 PM (EST), to be eligible. Failure to comply with the Official Rules will result in disqualification. Entries become the property of Sponsor and will not be returned or acknowledged. Sponsor is not responsible for printing or typographical errors in any Promotion-related materials, or lost, late, misdirected, incomplete or ineligible entries. Entrants may at times receive offers from the Sponsor or from carefully selected third parties. If you do not want to receive these offers, please check the appropriate box on the online submission form, or so state in a written entry sent via US mail.
WINNER SELECTION/PRIZE: The potential winners will be determined by random drawing on or about January 10, 2009. All decisions of the judges are final. Odds of winning depend on the total number of eligible entries received. The prizes will consist of the right to direct that a donation be made by the Kenneth Cole Productions Foundation, or another entity designated by Sponsor, to a charity from among a list pre-selected by Sponsor (“a Prize”), in the following amounts: three (3) Prizes consisting of the right to direct that a donation be made in the amount of ten thousand US dollars ($10,000). Sponsor retains the sole discretion to determine the list of eligible charities to which a donation may be made. The Total Value of all Prizes is thirty thousand US dollars ($30,000). Sponsor reserves the right to substitute a prize of equal or greater value. No substitution, cash equivalent or transfer of prize permitted except at the sole discretion of Sponsor. Disqualification and the selection of an alternate winner by Sponsor’s judges will result from: (1) failure of a potential winner to execute, return, and (if Sponsor, in its sole discretion, determines it is necessary) notarize an Affidavit of Eligibility/Price Acceptance/Liability and Publicity Release (where legal) within fifteen calendar days of notification, or the failure of such executed and notarized Affidavit of Eligibility/Price Acceptance/Liability and Publicity Release to be received by Sponsor at its offices by January 28, 2009; (2) the return of a notification or prize as undeliverable; or (3) any other non-compliance with these Rules. Winner is responsible for payment of taxes, if any, on prize and for any other costs, fees or expenses relating to the use of the prize not specified. Acceptance of the prize constitutes consent to use the winners’ names and likenesses for editorial, advertising and publicity purposes. For a list of winners, send a self-addressed, stamped envelope to: Kenneth Cole Productions, Inc., 603 West 50th Street, New York, NY 10019, Attention: MARKETING DEPARTMENT / MAKE YOUR PRESENTS FELT PROMOTION after February 2, 2009, but before April 30, 2009; or visit www.kennethcole.com/charity.
LIABILITY: Sponsor is not responsible or liable for incorrect or inaccurate information, whether caused by a participant, equipment or programming utilized in the Promotion or technical or human error in processing submissions. Sponsor disclaims responsibility or liability for: (i) the accuracy, availability or timeliness of information published about the Promotion; (ii) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of entries: (iii) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (iv) any injuries, losses or damages of any kind caused by a prize or resulting from acceptance, possession, use or misuse of a prize or from participation in the Promotion; (v) printing or typographical errors in Promotion materials; or (vi) problems or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, Internet congestion. If, for any reason, the Promotion is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sponsor, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor may cancel, terminate, modify or suspend the Promotion.
RELEASE: Each participant releases and agrees to hold harmless Sponsor and its subsidiaries, affiliates, directors, officers, employees and agents from liability for claims, costs, injuries, losses or damages arising out of or in connection with the Promotion or acceptance, possession or use of the prize (including, without limitation, related to personal injury, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, warranty or other theory. Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery or use of the prize.
CONDITIONS: Each participant agrees to be bound by these Rules and Sponsor’s judges’ decisions, which are final and binding in all respects. All entries, and all rights to use, reproduce, publish, modify and distribute such entries, become the exclusive property of Sponsor and will not be returned. By accepting the prize, the winning participant automatically grants to Sponsor the unconditional right to use his/her name, address (city and state only), likeness, photograph and/or statements about the Promotion for publicity and advertising purposes without further permission or financial compensation, except where prohibited by law. Any portion of a prize not accepted by a winner will be forfeited. Sponsor reserves the right, at its sole discretion, to refuse entry or disqualify any individual it finds to be: tampering with the entry process or the operation of the Promotion; acting in violation of these Official Rules; or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR OTHER PERSON TO UNDERMINE THE OPERATION OF THE PROMOTION OR COMMIT ANY OTHER ACT OF FRAUD MAY VIOLATE FEDERAL AND STATE CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY SUCH PARTICIPANT AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GENERAL TERMS: The decisions of Sponsor’s judges are final on all matters pertaining to the Promotion. The Promotion may not be used in connection with any form of gambling. All federal, state and local laws and regulations apply. This Promotion shall be governed by, and construed in accordance with the laws of the State of New York without regard to its rules governing conflicts of law. All participants and their heirs and assigns, consent to the jurisdiction of the federal and state courts in New York County, New York for all legal proceedings relating to this Promotion. Participants agree to use any materials or information procured as part of the Promotion only for Promotion purposes and not for any commercial purpose.