Welcome to the United States online store of www.hugoboss-store.com. The following terms and conditions and any other terms and conditions, agreements or policies incorporated by reference, including without limitation, the Privacy Statement, (collectively the “Terms and Conditions”) govern your access to and use of the United States sections of the websites, which can be called up under the below the URLs, (jointly the "HUGO BOSS Sites"), and the associated services which are operated by HUGO BOSS AG Dieselstraße 12, 72555 Metzingen, Germany:
If you do not agree to these Terms and Conditions, please do not use the HUGO BOSS Sites.
Copyright
All materials contained in these websites, especially web pages, programs, graphics, images, trademarks, logos, sound, video, scripts and texts (“Content”) are intellectual property of HUGO BOSS AG or its affiliates (hereinafter "HUGO BOSS”, “we”, “us” or “our”). All rights are reserved. You may not reproduce, publish, distribute, display, modify, create derivative work from, or in any way, in whole or in part, the Content without the prior express written consent of HUGO BOSS.
Unless explicitly indicated on the HUGO BOSS Sites, you should assume that everything which you see or read on this website is subject to legal protection. Subject to these Terms and Conditions, and except as otherwise indicated on the HUGO BOSS Sites, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorized access solely for your personal, informational and non-commercial use. No right, title and/or interest in any material, software or Content may be deemed assigned to you as a result of any such download or copying. Any copies must contain a copyright reference to HUGO BOSS. References given to protected rights must not be removed. Any commercial and/or public use of the Content or any part thereof is prohibited.
HUGO BOSS, its affiliates, and their content providers shall have the exclusive right to authorize or prohibit, in their sole discretion, any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. HUGO BOSS, its affiliates, and their content providers shall have the right, at any time, to claim the authorship of any Content posted on the HUGO BOSS Sites and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by HUGO BOSS, its affiliates, or their content providers shall be carried out by you for lawful purposes only and in compliance with all applicable laws and the Terms and Conditions.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright representative the written information specified below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed upon;
(c) A description of where the material that you claim is infringing is located on the HUGO BOSS Sites;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(g) Our copyright representative for notice of claims of copyright infringement can be contacted at the following e-mail address: Anthony_Milano@hugoboss.com.
Trademarks, service marks and trade dress
The trademarks and logos, whether registered or not, displayed on the HUGO BOSS Sites, including, without limitation, BOSS, HUGO, BOSS HUGO BOSS, HUGO HUGO BOSS and all derivative trademarks, are owned by HUGO BOSS. The HUGO BOSS Sites are registered domain names in the United States and in other countries owned by HUGO BOSS.
These and any other trademarks, service marks and trade dress of HUGO BOSS, including, but not limited to any mark that incorporates the above listed marks or the domain names of the HUGO BOSS Sites, may not be used by you in connection with any product or service that does not originate with HUGO BOSS, in any manner that is likely to cause confusion among consumer, or in any manner that disparages, discredits or tarnishes HUGO BOSS or that dilutes the distinctive character of these trademarks.
All other trademarks, service marks and trade dress not owned by HUGO BOSS that appear on the HUGO BOSS Sites are the property of the respective owners (“Third Party Owners”), who may or may not be affiliated with, connected to, or sponsored by HUGO BOSS or its affiliates.
HUGO BOSS and all Third Party Owners are entitled to the exclusive use of their respective trademarks, service marks and trade dress.
You are not authorized to use any of the trademarks, service marks and trade dress that appear on the HUGO BOSS Sites in any manner for any purpose without the prior express written consent of HUGO BOSS or the respective Third Party Owner, as the case may be.
No license
Without the approval of HUGO BOSS or of its relevant licensor in writing, no license or other right to the use of the contents on the HUGO BOSS Sites is granted either explicitly or implicitly or in any other way. Any unauthorized use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by HUGO BOSS.
The viewing, printing or downloading of any graphic, form, document or other content from the HUGO BOSS Sites grants you only a limited, nonexclusive and nontransferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any graphic, form, document or other content may be reproduced in any form or incorporated into any information system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Any unauthorized use of the HUGO BOSS Sites and their contents terminates the license granted hereby.
Submissions
All notices, proposals, ideas, feedback, comments, complaints and other contents which you provide to HUGO BOSS, will be regarded as provided on a non-confidential basis. HUGO BOSS reserves the right to use this information at its exclusive discretion. HUGO BOSS is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions. You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify HUGO BOSS from all claims of third parties, including attorneys’ fees.
User behavior
As a user of the HUGO BOSS site you are required to comply with the law of the State of New York and of the United States, and agree that any action resulting in connection with these Terms and Conditions will be brought in the U.S. District Court for the Southern District of New York.
In particular, you are not permitted to send contents over the HUGO BOSS site or in any other way to make them available which are (i) libelous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy; (ii) infringe commercial protected rights or (iii) offer goods or services or solicit financial funds.
User activities whose purpose is to render the HUGO BOSS site functionally defective or at least to make use of it more difficult are prohibited and could give rise to civil and criminal proceedings.
The HUGO BOSS site (including its services) may also not be used for illegal purposes. In particular, it is prohibited to register third parties without their knowledge and explicit consent for the newsletter and/or e-zine service or register third parties without their knowledge and explicit consent for lotteries on the HUGO BOSS site.
Privacy
The terms and conditions of our Privacy Statement govern the collection, processing and use of personal data collected from you in connection with your use of the HUGO BOSS Sites.
Participation in sweepstakes or contests
The HUGO BOSS Sites may contain an invitation to participate in sweepstakes or contests. All sweepstakes and contests are subject to the following conditions: (i) employees of HUGO BOSS AG, its affiliates and companies connected with it and their respective dependents are excluded from participation in the sweepstakes or contests, (ii) no cash disbursement and/or an replacement of the prizes is possible unless specifically permitted by the official rules of the respective sweepstakes or contest; and (iii) the official rules of the respective sweepstakes or contest govern the participation in that particular sweepstakes or contest.
Liability/Disclaimer
You are yourself responsible for all your activities on and in connection with the HUGO BOSS site.
The HUGO BOSS Sites are provided to you strictly on an “as is” basis, without warranties of any kind, either express or implies statutory or otherwise. No written information given by HUGO BOSS shall create any warranty.
HUGO BOSS will ensure proper care and maintenance of the HUGO BOSS site. However, HUGO BOSS gives no guarantee that the HUGO BOSS site will be accessible at all times. HUGO BOSS also does not guarantee that the HUGO BOSS site will always be in the most up-to-date condition and free of defects. It is possible that delays, transcription errors or even misinformation could occur. HUGO BOSS takes all possible steps to ensure the accuracy and timeliness of the information included on the HUGO BOSS Sites, but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on the HUGO BOSS Sites.
IN NO EVENT, SHALL HUGO BOSS, OR ANY OF ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF HUGO BOSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE HUGO BOSS SITES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE HUGO BOSS SITES, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE HUGO BOSS SITES, (C) YOUR INABILITY TO USE THE HUGO BOSS SITES FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE HUGO BOSS SITES, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE HUGO BOSS SITES, (F) UNAUTHORIZED ACCESS TO THE HUGO BOSS SITES AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HUGO BOSS SITES, OR (H) ANY OTHER MATTER RELATING TO THE HUGO BOSS SITES.
Any reference to any product or service which has been or may be provided by HUGO BOSS or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Links
In some circumstances, the HUGO BOSS Sites will contain links to other websites (“Third Party Websites”). HUGO BOSS or its affiliates do not operate, control, endorse or guarantee the contents of any Third Party Websites. HUGO BOSS is not liable either for the accuracy of the content of these websites or for the material which can be obtained from these websites. You agree that HUGO BOSS and its affiliates are not responsible for any content, services and/or products provided by any Third Party Website. When you access any Third Party Website through a hyperlink posted on this Site, please carefully read the terms and conditions of use and other policies of such Third Party Website. These Terms and Conditions do not apply to any Third Party Website.
HUGO BOSS provides hyperlinks to Third Party Websites only for the convenience of users. By providing hyperlinks to Third Party Websites, HUGO BOSS does not recommend that its users access such Third Party Websites. YOU AGREE THAT YOUR USE OF ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY HUGO BOSS OR ITS AFFILIATES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. IN NO EVENT SHALL HUGO BOSS OR ITS AFFILIATES LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WEBSITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES.
Indemnification
You agree to indemnify, defend and hold HUGO BOSS and its affiliates harmless from any liability, loss, claim, expense, and cost, including reasonable attorneys’ fees, arising from or related to your use of this Site and/or your breach of these Terms and Conditions.
Changes/improvements
HUGO BOSS reserves the right at any time and from time to time to change the present Terms and Conditions and to modify or discontinue temporarily or permanently, the HUGO BOSS Sites (or any part thereof) with or without notice. This also includes modifying or completely ceasing specific offers and services with a cost obligation. You agree that HUGO BOSS shall not be liable to you or any third party for any modification, suspension or discontinuance of the HUGO BOSS Sites.
Miscellaneous
The law of the State of New York and of the United States, excluding their choice of law provisions, will be applicable.
The legal venue is the U.S. District Court for the Southern District of New York.
The present Terms and Conditions can be downloaded from the below URLs and are available in both German and English:
Contacting us
Please feel free to contact us with any comments, questions, complaints or suggestions you may have regarding our products or the HUGO BOSS Sites by sending an e-mail to Anthony_Milano@hugoboss.com or by contacting Hugo Boss New York, NY, 1-212-940-0600.
General
The following Privacy Statement explains the protection of privacy and processing of data of the United States section of this website which is operated by HUGO BOSS AG, Dieselstraße 12, 72555 Metzingen, Germany as the responsible body.
HUGO BOSS AG ("HUGO BOSS") and the companies connected with it in the HUGO BOSS group (jointly the "HUGO BOSS group") respect the privacy of each person who visits one of our websites. We always process your data in accordance with this privacy statement.
The present privacy statement (“Privacy Statement”) explains what information HUGO BOSS collects and stores and what further use is made of such data. This Privacy Statement will also inform you of how you can check the accuracy of the personal data which we store about you and how you can delete, block or update this personal data in our database.
Please also note that for the area of "e-recruiting" special rules apply. If you visit the "e-recruiting" website (www.group.hugoboss.com), the special data privacy policy for e-recruiting should also be consulted.
Collection of personal data
When you visit the website, no personal data (such as name, address, telephone number, e-mail address or credit card details) will be stored for you, except for information freely provided by you or information automatically obtained by the cookies (see below).
Some of our websites invite the visitor to indicate personal data such as name, e-mail or postal address. These include websites with offers to send circulars and information sheets ("newsletters") and for participation in sweepstakes or contests, including e-mails. Your name and your postal address can be freely entered here.
Information collected from your computer; cookies
If you visit our website, HUGO BOSS may also passively track information from your computer and Internet connection, such as the IP address or your computer and/or Internet service provider, the date and time you access the website, the Internet address of websites from which you link to HUGO BOSS’ website, the computer technology you are using you’re your movement and preferences on HUGO BOSS’ website. HUGO BOSS uses technology that many other websites use. HUGO BOSS may collect information from your computer by placing a so-called "cookie" or a similar file on your computer. Cookies track information regarding your previous visits to our website, recognize you as a previous visitor and track your activity on the website. Cookies help us to compose a website or product information which complies better with your interests or preferences. Most Internet browsers can delete the "cookies" from the hard drive or block them or contain a warning before a "cookie" is downloaded. Further information about these functions will be provided in the system settings on your browser.
HUGO BOSS will only use such automatically stored information with your previous consent in connection with the personal data which you have previously made available to us (e.g., on registration) on our websites.
Use of personal data
HUGO BOSS stores your personal data and uses it to contact you, for example to communicate with you in response to your questions or to send you product or promotional material including e-mails and text messages (e.g., SMS), or other information material from HUGO BOSS and/or companies of the HUGO BOSS group.
HUGO BOSS is not in the business of selling or renting your information to telemarketers. HUGO BOSS will not, without your express consent, share your personal information with others, except as follows:
HUGO BOSS freely shares your information with its corporate affiliates, including, without limitation, HUGO BOSS USA, Inc. in New York, HUGO BOSS Fashions, Inc. in New York, U.S. and HUGO BOSS Retail, Inc., in New York, U.S., who may use your information for processing, research and analysis, advertising or promotional purposes, and who may share such information with third parties for their direct marketing purposes.
HUGO BOSS also grants access to your information to affiliated and unaffiliated service providers and third parties that process or maintain data on behalf of HUGO BOSS, including, without limitation, website hosting service providers, payment processors, freight forwarders, carriers, and such individuals or companies that conduct, manage or otherwise handle HUGO BOSS’ marketing and promotional campaigns. Such third service providers who process data on instructions for us will be subject to strict confidentiality obligations and may access and use your information only in accordance with HUGO BOSS’ instructions and not for their own purposes and will in particular be prohibited from using your data for any other purposes than those originally agreed.
HUGO BOSS may also share your information to respond to law enforcement requests, court orders or other legal process or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats to you or others or as otherwise required by any applicable law or regulation.
In the context of the purposes indicated in the present data protection declaration, in particular for the purpose of frictionless handling of e-mail and/or text message (e.g., SMS) campaigns or for other advertising purposes, from time to time your personal data may be sent to companies of the HUGO BOSS group or outsourced data processors in countries outside the United States. In these cases, we will obviously ensure comparable protection for your personal data so that your data is always subject to at least the same level of protection as in the United States.
Personal data which we obtain in connection with job applications will only be used for licensing purposes and for further internal use. It will be available to all persons who are responsible for personnel management in HUGO BOSS. Special rules apply to the area of "e-recruiting", for which you should in addition consult the data privacy policy for "e-recruiting".
Your rights
It is up to you how HUGO BOSS should handle your data. You can at any time prohibit the use of your personal data, obtain information about the personal data stored on you or a copy of it, correct your personal data or have it updated, blocked or deleted. To do so, please contact us as specified below.
Data security, external links
HUGO BOSS gives an undertaking to ensure secure treatment of your personal data and to take appropriate precautionary measures to protect it against loss, abuse or falsification.
HUGO BOSS is not liable for the contents of other suppliers who can be reached through the hyperlinks on our websites. Many links on our websites refer to contents which are not stored on our own servers. External contents have been checked for accuracy and criminal liability when the links were set up. Nevertheless, the possibility cannot be ruled out that contents from suppliers will be subsequently changed. HUGO BOSS is not required to keep this under constant monitoring and therefore rejects any liability.
Access and correction
Please keep your personally identifiable information, accurate, current, and complete by routinely updating your user profile or by contacting us as specified below.
Security
We take reasonable steps to protect personally identifiable information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, you should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, e-mail sent to or from the website may not be secure.
Opt-out, communication preferences
You may modify your communication preferences and/or opt-out from specific communications at any time by choosing the specified link in the confirmation e-mail or by contacting us as specified below.
Effective date, amendments
This Privacy Statement is effective August 3, 2009. HUGO BOSS reserves the right to amend it from time to time and if we change it materially, we will post a revised version on the website. Please check back periodically, and especially before you provide any personally identifiable information to us.
Your California privacy
California Civil Code Section 1798.83 permits customers of HUGO BOSS who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as specified below.
Contacting us
If you would like contact us on your personal data and on data protection, please e-mail hbusprivacy@hugoboss.com, and we will take appropriate measures to satisfy you.
Launch of Hugo Boss Online Store
Sweepstakes Official Rules
No Purchase Or Payment Of Any Kind Is Necessary
To Enter Or Win This Sweepstakes
A purchase will not improve chances of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST 21 YEARS OLD AS OF THE DATE OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion is held in conjunction with the US Launch of the Hugo Boss Online Store (the “Event”) and begins February 15, 2010 at 9:00 a.m. (EST) and ends April 1, 2010 at 11:59 p.m. (EST), when all entries must be received (“Promotion Period”).
2. ELIGIBILITY. This sweepstakes (the “Promotion”) is only open to legal residents of the United States who are at least 21 years old as of the date of entry, except officers, directors, members, shareholders, and employees of the Sponsor or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse) of and persons residing in the same household as such individuals. This Promotion is void outside the United States, and in any state in which it is prohibited or restricted by law (including, without limitation, Rhode Island and any other jurisdiction in which registration or bonding is required or may become required at any time during the Sweepstakes).
3. HOW TO ENTER. Entry into this Promotion may be made online during the Promotion Period by submitting your email address and accepting the Official Rules and the statement that you are over the age of 21 and a U.S. resident at the time of entering the Promotion (“Promotion Entry”). A link to enter the Promotion will be made available at www.hugoboss-store.com. Entry into this Promotion may also be made by submitting the Promotion entry form (“Entry Form”) at any participating Hugo Boss store. Entry Forms will be available at the participating Hugo Boss stores during the Promotion Period. Follow the instructions on the Entry Form to complete the required fields, including your first and last name, your mailing address, your telephone number, your email address and a statement that you are over the age 21 at the time of submitting the Entry Form. Then submit the Entry Form at any participating Hugo Boss store during the Promotion Period. Listing on the Sponsor’s mailing list and/or receiving an invitation via mail or e-mail to enter the Promotion does not mean or guarantee that you are eligible under these Official Rules to participate in the Promotion. All entries become the property of the Sponsor and will not be acknowledged or returned. Limit: One entry per email address during the Promotion Period. All entrant information, including email addresses and name, is subject to the Privacy Policy of the Sponsor.
4. PRIZE. There will be a total of 1 winner. The prize consists of a $2,000 HUGO BOSS Wardrobe (“Prize”). The approximate value of the Prize is $2,000 United States Dollars. The Prize is non-transferable. The winner is responsible for all expenses not specified, including but not limited to travel or shipment costs associated with redeeming the Prize. The winner is solely responsible for reporting and payment of all federal, state and local taxes on the Prize. The winner may receive an IRS Form 1099 for the retail value of the Prize. The winner shall solely bear all risk of loss of the Prize.
5. WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by random drawing from all eligible entries at 11:00 a.m. (EST) on April 2, 2010 (the “Drawing”). The Drawing will be held at the Sponsor’s offices under exclusion of the public. Any potential winner will be notified by email. If a potential winner cannot be contacted or does not respond within five (5) days from the date the Sponsor first tries to notify the winner, and/or the prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the Prize, and an alternate potential winner may be selected. Upon drawing a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the legal residence requirement, the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Promotion. In case of any dispute, the decisions of Sponsor are final. If for any reason there are no eligible entrants or a winner cannot be determined, such Prize shall be forfeited to the Sponsor and shall no longer be available for claim as a Prize in this sweepstakes.
6. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible Promotion Entries received during the Promotion.
7. PRIZE COLLECTION. The Prize will be mailed by USPS to the winner at an address provided by the winner. If the winner does not provide a valid address within five (5) days from the date the Sponsor first tries to notify the winner or if the Prize is returned as undeliverable, the winner forfeits all rights to the Prize and Sponsor reserves the right to select an alternate potential winner in accordance with Paragraph 5.
8. NO PRIZE TRANSFER OR SUBSTITUTION. The Prize is not transferable or redeemable for cash. Sponsor reserves the right at its sole discretion and without prior notice to substitute the Prize for another of equal or greater value, to reschedule when the Prize may be claimed or cancel or revoke the Promotion entirely.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor 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 by law: (i) entering the Promotion constitutes the consent of any entrant, without further compensation, to use the email address of such persons for newsletters and periodic email updates regarding the Event; (ii) acceptance of the Prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such persons for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (iii) acceptance of the 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 the Prize; and (iv) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be submitted by the winner before the winner may receive the Prize.
10.DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incomplete, for any reason, including by reason of mutilation, illegibility, non-delivery or human error at Sponsor’s store or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the person named on the Promotion Entries at the time of entry. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process. Use of multiple Promotion Entries is prohibited and may result in disqualification at 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 unavailability of the Prize, 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 modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) 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 THE PRIZE OR ANY COMPONENT OF THE PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY 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.
11.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 Official Rules shall be governed by the laws of the State of New York. 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. 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. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
12. SPONSORSHIP. This Promotion is sponsored by Hugo Boss USA, Inc., 601 West 26th Street, 8th Floor, New York, NY 10001; email: Anthony_Milano@hugoboss.com
