TOMMY HILFIGER NEW YORK FASHION WEEK TRIP TERMS & CONDITIONS ("CONDITIONS OF ENTRY")

Promotion: Tommy Hilfiger New York Fashion Week (NYFW) trip

Promoter: PVH Brands Australia ABN 15165485290, 388 George Street, Sydney, NSW 2000, Australia. Ph: 02 9316 2800

Promotional Period: Start date: 15/01/24 at 9:00 am AEST End date: 23/01/24 at 11:59 pm AEST

Eligible Entrants: Entry is only open to Australian & New Zealand residents who are 18 years and over.

How to Enter: To enter the Promotion, the entrant must complete the following steps during the Promotional Period: a) Complete the competition form with information including full name, state, e-mail address and answer the question:  in 50 words or less tell us why you would like to attend the Tommy Hilfiger fashion show in New York?

Entries Permitted: Limit one (1) entry form submission permitted per person.

Total Prize Pool: up to AUD $10,000.

Draw Prize: The prize is a Trip to New York for two (2) adults which consists of the following: Return economy class flights from the winner's nearest capital city to New York; 3 x nights' four-star twin share accommodation; Return transfers from airport to accommodation, $1000 Prepaid Visa Card and 2 x adult tickets to Tommy Hilfiger fashion show in New York on 9/02/24 ET.

Up to AUD$10,000 depending on date and exact point of departure.

Winning Method: This is a game of skill and will be judged on creativity and originality of the entry by representatives of PVH Brands Australia on 24/01/24 at 10.30 am AEST.

No part of this prize is exchangeable, redeemable for cash or any other prize or transferable.

Prize is subject to the standard terms and conditions of individual prize and service providers. Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.

This prize is for or relates to the Tommy Hilfiger NYFW show in New York on 9/02/24 at 20:00 ET (an “Event”). If the winner is unwilling or unable to attend at the designated time for an Event, they forfeit that part of the prize and the Promoter is not obliged to substitute that part of the prize. The Tommy Hilfiger (NYFW) show ticket prizes are subject to the event venue and ticket terms and conditions, including any applicable age restrictions. The Promoter and event organisers hereby expressly reserve the right to eject any winner and/or his/her companion for any inappropriate behaviour, including but not limited to intoxication, whilst participating in any element of the prize.

The prize requires the winner to contact the Promoter in order to book travel. Travel must be taken between 12:00 am on 07/02/24 to 3pm on 08/02/24. Travel itinerary to be determined by the Promoter in its absolute discretion. The winner and his/her travel companion must depart from and return to the same departure point and travel together. Frequent flyer points will not form part of the prize. The prize is subject to booking and flight availability.

Spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges, and all other ancillary costs, unless otherwise specified as included in the prize description herein, are not included. The winner and his/her travel companion are responsible for ensuring that they have valid passports, and any requisite visas, vaccinations including International COVID Vaccination certificates, ESTA Visa Waiver documentation and other travel documentation. The winner may be required to present their credit card at time of accommodation check in.

In the event of war, terrorism, state of emergency or disaster, the Promoter reserves the right to cancel, terminate, modify, or suspend the promotion or suspend or modify a prize, subject to any written directions from a relevant regulatory authority.

Winner Notification: The winner will be notified at 12pm on 24/01/24 via email or phone. The Prize winner will also be published at au.tommy.com within 8 hours of the draw.

Unclaimed Prizes: Prize(s) must be claimed by 26/01/24 at 4:00pm AEST. Unclaimed prizes will be redrawn on 29/10/24 at 10am AEST at PVH Brands Australia, 388 George Street, Sydney, NSW 2000. The winner/s of the redraw will be notified via email within one (1) business days of the draw. The winner of the Draw Prize (if awarded via a redraw) will be published at au.tommy.com by 01/02/24.

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.
2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
3. Valid and eligible entries will be accepted during the Promotional Period.
4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or stepchild (whether natural or by adoption), parent, stepparent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, stepbrother, step-sister or 1st cousin.
5. Draw
a) The draw will take place at PVH Brands Australia, 388 George Street, Sydney, NSW 2000 at 24/10/24 at 10.30 am AEST.
b) The Winner selected by judges based on the game of skill will be the winner of the prize specified in the Schedule above.
c) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
6. All reasonable attempts will be made to contact each winner.
7. If any winner chooses not to take their prize (or is unable to) or does not take or claim a prize by the time specified by the Promoter or is unavailable at the designated time for the Event or at the time stipulated by the Promoter for travel, they forfeit the prize, and the Promoter is not obliged to substitute the prize.
8. Entry and continued participation in the Promotion is dependent on the entrant following and acting in accordance with Facebook Statement of Rights and Responsibilities (http://www.facebook.com/terms.php); and the Instagram Terms of Use, (http://instagram.com/legal/terms/). This Promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php, and the Instagram promotion guidelines which can be found at: http://help.instagram.com/179379842258600. Any questions or comments regarding the Promotion must be directed to the Promoter, not to Facebook and Instagram. The entrant releases Facebook, and Instagram and their associated companies from all liabilities arising in respect of the Promotion. Entrants acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook and Instagram.
9. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
10. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
11. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider. 12. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
13. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at https://au.tommy.com/privacy-policy. The Promoter's privacy policy contains information about how the entrant may access, update, and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian and New Zealand Privacy Principles or any other Australian and New Zealand privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Personal information collected from entrants will not be disclosed to any entity located outside of Australia or New Zealand.
14. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
15. It is a condition of accepting the prize that a winner and their travel companion may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner or travel companion is under the age of 18, a nominated parent or legal guardian of the winner or travel companion will be required to sign the legal release on the winner or travel companion's behalf.
16. By attending the Tommy Hilfiger NYFW Show I hereby grant to PVH Corp., its licensees, successors, assigns, and designees (collectively, "PVH" or "you") the irrevocable, royalty¬ free, worldwide, perpetual, and unrestricted right to film, photograph, record, publish, display, use, and distribute, in any medium now known or hereafter devised, my appearance, image, likeness, voice, interview, biographical information, and/or performance (collectively, the "Performance") and to use such Performance within advertising and marketing materials (the "Materials") to promote PVH's products and services.
17. I further acknowledge that PVH shall own all rights to the Performance and any Materials incorporating the Performance, including the copyrights therein, and to the extent I accrue any rights therein, I assign such rights to PVH. PVH may exploit, license, edit, use, create derivative works from, adapt, or modify, the Performance and/or any corporate Materials incorporating the Performance in any manner or media. I shall have no rights, interest or claims in the Performance or Materials whatsoever, nor any consultation or approval rights with respect thereto. I understand that you are relying on this consent and release and that my consent and release are irrevocable. I agree that (i) the Performance and Materials or other reproductions thereof may be edited, rearranged, dubbed, or otherwise revised at your sole discretion, for any such purpose, and (ii) no Material need be submitted to me for approval and that you shall be without liability to me for any distortion or illusionary effect resulting from the publication of the Performance.
18. By executing this release I agree that I will make no claim of any kind against you (collectively, "Released Parties") as a result of any of the uses described above, and I waive and release all claims against the Released Parties relating to the Performance and its use in any corporate Materials, in any type of media, including without limitation, any rights and claims relating to copyright, defamation, libel, moral rights, rights of privacy and/or publicity or confidentiality. I represent and warrant that I have the full right, power and authority to grant the rights herein granted. I agree that no sum shall be due to me for the execution of this consent and release and that PVH shall not be obligated to pay me or any third party any sum whatsoever. I agree that the invalidity or unenforceability of any part of this  release shall in no way affect the validity or enforceability of any other part thereof. I certify that I fully understand the contents of this release and that I intend to be legally bound by the terms hereof. I am aware that this is a release of liability for future claims and a contract between PVH and me, and sign it of my own free will. This release contains our entire understanding and cannot be changed  or terminated except in writing signed by you and me. I acknowledge and accept that this consent and release is governed by and shall be construed in all respects according to the laws of the State of New York, U.S.A.
19. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
20. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
21. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
22. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). If a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.
23. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. If there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
24. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
25. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
26. Unless otherwise specified, a prize is a single event for the winner (and their guest) and cannot be separated into separate events or components.
27. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regard to the tax implications relating to the prize or acceptance of the prize.
28. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.