The Men's Wearhouse, Inc.
2020 #MYIDO STYLE GALLERY - Official Photo Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN THIS PHOTO CONTEST. PURCHASING DOES NOT IMPROVE YOUR CHANCES OF WINNING A PRIZE IN THIS PHOTO CONTEST.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, TWITTER OR INSTAGRAM. FAILURE TO COMPLY WITH THESE RULES AND/OR APPLICABLE FACEBOOK, TWITTER, OR INSTAGRAM RULES, POLICIES AND PROCEDURES WILL VOID AN ENTRY.
- Eligibility:Open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older as the date of entry to the 2019 #MYiDO Style Gallery ("Contest") sponsored by The Men's Wearhouse, Inc. ("Sponsor"). Employees, officers, directors, and agents of The Men's Wearhouse, Inc., its parent, subsidiary and affiliate companies, and all coordinating agencies for the Contest, including Olapic, Inc. (“Olapic”), and the immediate families of each, or persons living in the same household of such employees, are not eligible to enter or win the Contest. The Contest is governed by U.S. law and is subject to all federal, state and local laws. Void where prohibited by federal, state or local laws.
- Contest Period: This Contest is a continuation of Sponsor’s prior #MyIDo Style Gallery contest, with certain modifications as set forth in these Official Rules. The Contest begins at 12:00.00 a.m. PST on January 1, 2020, and ends at 11:59.59 p.m. PST on December 31, 2020 ("Entry Period”). One (1) Contest winner will be selected by Sponsor’s judges for each month in the Entry Period, pursuant to Paragraphs 3 and 7 below.
- How to Enter:There are two ways to enter: An eligible Entrant may (a) submit an Entry Photo on http://tuxedo.menswearhouse.com/myido.do (the “Contest Site”) and provide Sponsor with a valid email address, OR (b) share a photo on Instagram or Twitter with the hashtags #MYiDO and #MWContest (the “Contest Hashtags”). PLEASE NOTE: An Entry Photo on Twitter or Instagram must include both Contest Hashtags in order to be valid. Images can be up to 20 MB and must be associated with your (Entrant’s) wedding. Entry Photos submitted via Twitter or Instagram may be copied by Sponsor to the Contest Site. Upon submission of an Entry Photo by either means, Sponsor will conduct an initial review of the Entry Photo and Sponsor may, in its sole and absolute discretion, exclude from the Contest and Contest Site any Entry Photo that fails to comply with the requirements set out in Section 4 below and/or based on an assessment using the judging criteria. All decisions of Sponsor are final, and Sponsor will not, in any manner, be obligated to explain such determination.
PLEASE NOTE entry in the Contest pursuant via Instagram or Twitter requires an Instagram or Twitter account, both of which are free, and the Entrant must comply with all terms and conditions of Instagram and/or Twitter registration. Please note that an Instagram or Twitter account is not controlled by and cannot be controlled or guaranteed by Sponsor. Before entering the Contest via these methods, your Instagram and/or Twitter profile will need to be public to be valid.
Entry Photo will be deemed to be submitted by the authorized account holder of the email address, Instagram account or Twitter account submitted at the time of entry. Each Entrant may submit multiple unique entries.
- The Entry Photo:Entrant represents and warrants that the Entry Photo:
(a) is original to Entrant (or, if not original to Entrant, Entrant has obtained written permission from the photographer and/or copyright owner) to submit the Entry Photo and to grant to Sponsor the permissions set forth in these Official Rules;
(b) has never been licensed, published, distributed or otherwise used elsewhere (except for Entrant’s personal purposes);
(c) does not contain any material or information that can be viewed as distasteful, offensive, derogatory, obscene, libelous, abusive, sexually explicit, or illegal or unlawful activities;
(d) does not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
(f) complies with the Instagram and/or Twitter terms and policies;
(g) meets specifications for the photo, including the specification that it is an image file using the .jpg, .png, or .gif formats;
(h) meets content requirements for association with Entrant’s wedding;
(i) complies with these Official Rules; and
(j) depicts Entrant and other individuals (if any) from whom Entrant has obtained consent to appear in the Entry Photo, to have the Entry Photo submitted to the Contest, and to grant to Sponsor the permissions set forth in these Official Rules.
All such requirements, collectively, are the "Qualifications for Entry Photo".
PLEASE NOTE: Upon Sponsor’s request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release in a form acceptable to Sponsor (“Third Party Release”) from (a) all persons who appear in the photograph submitted (or, in the case of a minor, the subject’s parent or guardian), (b) the owner of the copyright in the Entry Photo, (c) the owner of the copyright in any material that appears in the Entry Photo (including, for example, artwork, sculpture, or other copyrighted material), and/or (d) the owner of any private property depicted in the Entry Photo. Such releases shall authorize Sponsor and its Designees (including but not limited to parents, subsidiaries, affiliates, licensees, and business partners), to reproduce, distribute, display, and create derivative works of the entry in connection with the Contest and promotion of the Contest, in any media now or hereafter known. Failure to provide such Releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
By submitting a Photo Entry, Entrant represents that that the Qualifications for Entry Photo have been met. Sponsor reserves the right to remove any Entry Photo from the Contest Site and otherwise disqualify any Entry Photo that Sponsor, in its sole discretion, deems has not met the Qualifications for Entry Photo, that is or may become the subject of a third-party claim, or that is not in the spirit of the Contest. NOTE: See Copyright Policy Below.
- Consent to Use of Name, Likeness and Information:By submitting an Entry Photo, and in addition to Section 6, below, Entrants consent to the business use of their name, image, likeness, and any personal information provided in connection with the Contest by Sponsor, its parent, subsidiary and affiliate companies, including all use contemplated in the administration of this Contest, the compliance with any requests for winner’s lists, and any publicizing of winners or Contest generally, unless prohibited by law, as well as for the business uses of Men’s Wearhouse, as stated at www.nanaimoshoe.com/privacy. Winner further consents to distribution of personal information, including the executed W9 if required, for the distribution of the prize and as set forth below. If you do not wish to receive any information from Sponsor, its parent, subsidiaries and affiliate companies, please unsubscribe by writing to The Men’s Wearhouse, Inc., ATTN: Customer Relations, 6380 Rogerdale Road, Houston, TX, 77072-1624 or calling 1.800.851.6744. In addition to the permissions granted below, submissions of an Entry Photo and/or acceptance of a prize constitutes further permission, by Sponsor, to use Winner’s name (first name and/or last name or any other name provided with entry) and/or likeness, in all forms and in all media and in all manner, without compensation and without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes, except where prohibited by law.
- Consent to Sponsor’s Use of Entry Photo: Any Entry Photo or information submitted in connection with this Contest shall be considered non-confidential. By submitting an Entry Photo, Entrant grants to Sponsor and its Designees (a) an irrevocable, royalty-free, perpetual, non-exclusive, sublicenseable license to use, reproduce, modify, edit, transmit, distribute, perform and display the Entry Photo, in whole or in part, alone or combined with other materials, for any purpose, anywhere, in any media, including without limitation reproducing, posting or publicizing such material or using such material for advertising and marketing purposes; (b) the right to use the name(s) (first name and/or last name or any other name provided with the Entry Photo), and likeness of the Entrant and any individuals depicted in the Entry Photo, in all forms and in all media and in all manner, without compensation or attribution, and without any restriction or notice as to changes or alterations for any advertising, promotion, publicity, or any other lawful purposes.
By submitting an Entry Photo, Entrant also agrees to be bound by the Olapic Terms and Conditions http://www.olapic.com/tos/, including any licenses and permissions granted therein.
PLEASE NOTE: Entrants are responsible for the resolution of any legal issues arising from their Entry Photo and agree to pay any costs arising from such legal issues. By submitting an Entry Photo, each Entrant hereby agrees to indemnify and hold the Released Entities (as defined below) harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach by the Entrant of any of the warranties, representations, agreements, requirements, or terms of these Official Rules.
- Winner Selection, Notification, Requirements:As set forth below, judges chosen by Sponsor will choose one (1) potential Winner each month from the Entry Photos that (1) have been submitted either to the 2020 #MyIDo Style Gallery (subject to the Official Rules) or during the Entry Period and up to the end of that month and (2) meet the Qualifications for Entry Photo and subject to compliance with the requirements stated in these Official Rules. Winning Entry Photos will be selected based on the quality of the photo, artistic expression, and how well the photo adhered to the Contest’s wedding theme.
Month 1: January Winner - on or about February 15th
Month 2: FebruaryWinner - on or about March 14th
Month 3: March Winner - on or about April 11th
Month 4: April Winner - on or about May 9th
Month 5: MayWinner - on or about June 13th
Month 6: June Winner - on or about July 11th
Month 7: July Winner - on or about August 8th
Month 8: August Winner - on or about September 12th
Month 9: September Winner - on or about October 10th
Month 10: October Winner - on or about November 14th
Month 11: November Winner - on or about December 12th
Month 12: December Winner - on or about January 9th
All decisions will be at Sponsor's sole and absolute discretion; all decisions as to the selection of the potential Winners will be final. No alternate winners shall be selected. Each potential Winner will be contacted via email or, for Entry Photos submitted via Instagram or Twitter through messaging on that platform, no more than two times over the course of 14 days after selection of the potential Winner. If the potential Winner fails to respond to the notification within three (3) days or fails to return the required documentation with the time set, the Prize will be considered forfeited. No further efforts to distribute the Prize will be made if the Winner forfeits the respective Prize. In the event of a dispute concerning the identity of the person submitting an Entry Photo, the entry will be deemed to be submitted by the person in whose name the email address, or Instagram or Twitter account is registered.
Once an Entry Photo has been selected as a winning entry, Sponsor shall withdraw that Entry Photo from further consideration in the Contest. Any eligible Entry Photo that Sponsor does not choose as a winning entry will remain in consideration for judging for the duration of the Contest without requiring resubmission.
Entrants may win more than one prize by submitting multiple unique Entry Photos. Entrants may not submit the same photo more than once, regardless of entry method. Specifically, if Entrant is selected as a winner for one month, Entrant's winning Entry Photo will be removed from eligibility for all other months for the duration of the Contest, but Entrant's non-winning Entry Photos shall remain eligible.
Contest Winners will be required to sign a Declaration of Eligibility, Photo License and Consent, and Liability/Publicity Release (except where prohibited by law), an IRS form W-9 (if receiving more than $600.00 in prizes, products or services from Sponsor in any fiscal year), Third Party Releases, and such other documents reasonably required by Sponsor in connection with Sponsor's use of the Entry Photo, names, images, likenesses, and biographical information of the winners without compensation (unless prohibited by law). All such documents issued by Sponsor must be signed and returned by the deadline set by Sponsor in its communications with potential Winners or Prize will be forfeited. In the event that the potential Winner is at least 18 years of age but below the age of majority in his/her state of residence, all documents must be signed by the potential Winner’s parent or guardian on his/her behalf.
Upon Sponsor’s request, Winner will provide a higher resolution version of the Entry Photo.
Winners are solely responsible for reporting and paying all local, state and federal taxes and any other expenses or costs relating to the prizes.
- Prizes & Approximate Retail Value:For each month in the Contest, as set forth above, and subject to compliance with these Official Rules, one (1) Winner will receive a Men’s Wearhouse Trade Certificate or Gift Card in the amount of two-hundred and fifty dollars ($250.00) for use at any Men's Wearhouse store, whether physical or online (the “Prize”). Total ARV for the twelve (12) Contest Prizes: $3,000.00.
The Prize is non-refundable and non-transferable, cannot be combined with any other special offer or promotion and must be accepted as awarded. Prize is subject to the standard terms and conditions for such Trade Certificates. Prize may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of the prize, or a prize or prizes of equal or greater value.
- General Terms and Conditions:Use of a false Instagram or Twitter account or other inaccurate entry information will disqualify an entry in the Contest upon discovery by Sponsor. ANY ATTEMPT TO DELIBERATELY DAMAGE OR TAMPER WITH SPONSOR’S SOCIAL MEDIA PAGES, THE CONTEST SITE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BY A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY YOU AND SEEK DAMAGES OR OTHER REMEDIES FROM YOU TO THE FULL EXTENT ALLOWED BY LAW. Sponsor further reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner at any time during the Contest, or with the intent to annoy, abuse, threaten or harass any other person, and to seek damages or other remedies to the full extent allowed by law.
Entrants acknowledge and agree that Sponsor and/or the other Released Entities (set forth below) do not make, nor are in any manner responsible for any warranty, representations, express or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Contest or any Prizes. All prizes are awarded AS IS. All Entrants acknowledge that the Released Entities are not responsible for and shall not be liable for: (i) Entry Photos that are lost, misdirected, unintelligible, corrupted, incomplete, late, or otherwise not in compliance with these rules; (ii) any act, failure to act, delay, or error relating to the transmitting or processing of entries; (iii) telecommunications network, phone system, computer system, hardware, or software malfunctions, failure, disconnection, data loss, or other difficulties of any kind, including any injury or damage to an Entrant’s or other person’s computer or mobile device related to or resulting from participating in the Contest, or accessing or downloading materials relating to the Contest; (iv) any conditions caused by events beyond the control of the Released Entities that may cause the Contest to be disrupted or corrupted; (v) any losses, injuries, or damages of any kind resulting directly or indirectly from participation in the Contest and/or acceptance, use, or misuse of any prize awarded in the Contest or any prize-related activity, or Sponsor’s or its Designees’ use of the Entry Photo; or (vi) any printing or typographical errors in any materials relating to the Contest.
BY PARTICIPATING IN THIS CONTEST, ALL ENTRANTS AGREE TO AND HEREBY DO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR, OLAPIC, DESIGNEES, TWITTER, INSTAGRAM, FACEBOOK, ANY OTHER SOCIAL MEDIA SITES, AND EACH OF THEIR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, DISTRIBUTORS, DEALERS, WEBSITE PROVIDERS, MARKETING COMPANIES, CONTRACTORS, ADVISORS, ADVERTISING AGENCIES, AND VENDORS, AND THE OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES OF ALL SUCH COMPANIES (COLLECTIVELY “THE RELEASED ENTITIES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS CONTEST, OR ACCEPTANCE, POSSESSION, OR USE/MISUSE OF ANY PRIZE OR PRIZE-RELATED ACTIVITY, AND SPONSOR’S, ITS DESIGNEES’, OR OLAPIC’S USE OF ANY ENTRY PHOTO, ALL INCLUDING WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, PROPERTY DAMAGES, DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND CLAIMS BASED ON THE RIGHTS OF PUBLICITY AND PRIVACY.
YOU FURTHER WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Construction/ Choice of Law/ Venue:All issues and questions concerning these Official Rules or the rights and obligations of any entrant shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law rules or provisions. Notwithstanding the foregoing, if the releases set forth above are determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant expressly agrees to submit to the laws of and the jurisdiction of the federal and state courts of the State of California, and hereby waives the jurisdiction of any other court that, now or in the future, could be considered competent for any reason. All actions, proceedings or litigation relating to this Contest shall take place in the State of California, County of Alameda. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
ANY CLAIMS, JUDGMENTS, AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, USE OF THE ENTRY PHOTO, OR ANY PRIZE AWARDED WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.
- Winners List:For a list of winners, send a stamped, self-addressed envelope to The Men's Wearhouse, 2017 #MYiDO Style Gallery Contest, Attn: Marketing Department, 6100 Stevenson Blvd, Building A, Fremont, CA 94538. Requests must be received by June 30, 2020.
- Sponsor Information:This Contest is sponsored by The Men's Wearhouse, Inc. with corporate offices at 6380 Rogerdale Road, Houston, TX, 77072-1624. As it relates to the Contest, Sponsor may be contacted at The Men's Wearhouse, 2017 #MYiDO Contest, Attn: Marketing Department, 6100 Stevenson Blvd, Building A, Fremont, CA 94538.
- No Endorsement from Instagram, Facebook, Google+ and Twitter or any other social media platform or service (collectively, “Social Media Sites”): The Contest may be promoted and/or administered by Sponsor or others on one or more of the Social Media Sites. The Contest is in no way sponsored, endorsed or administered by, or associated with the Social Media Sites. Other than applying for a Social Media Site Account generally and posting an Entry Photo, any information you provide to Sponsor in connection with the Sweepstakes is to Sponsor and Olapic and not to the Social Media Site. You understand that by using and interacting with any Social Media Sites you are subject to the terms, conditions, and policies that govern the use of that site. You should therefore review the applicable terms and policies for any Social Media Sites, including privacy and data gathering practices, before using or interacting with these sites.
All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.
- Copyright Policy.
Sponsor respects the rights of all copyright holders and we ask entrants to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sponsor's Copyright Agent (set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
The Men’s Wearhouse, Inc.
6100 Stevenson Blvd, Building B,
Fremont, CA 94538
Phone: (510) 723-8606
Once proper infringement notification is received by the Copyright Agent, it is Sponsor’s policy to: (a) remove or disable access to the infringing material; (b) notify the provider of the material or user that it has removed or disabled access to such material; and (c) terminate repeat infringers’ access to the Contest Site.
A person who receives a notification of alleged copyright infringement, and believes that the claim is erroneous, may submit a counter notification to Sponsor’s Copyright Agent within thirty (30) days of the date the material was removed from the site. To be effective, a counter notification must be a written communication that includes substantially the following:
- A physical or electronic signature of the person submitting the counter notification;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the person submitting the counter notification has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The name, address and telephone number of the person submitting the counter notification and a statement that such person consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if such person’s address is outside of the United States, for any judicial district in which Sponsor may be found, and that such person shall accept service of process from the person who provided the infringement notification or from their agent.
Upon receipt of a counter notification, containing the information as outlined above, Sponsor shall promptly provide the complaining party with a copy of such counter notification and shall inform the complaining party that it will replace the removed material or cease disabling access to it. Sponsor shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided Sponsor’s Copyright Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Contest Site.