Men's Wearhouse

Prom Rep Program Terms & Conditions

These Terms and Conditions apply to the 2012 Prom Rep Program. In the 2012 Prom Rep Program, you will have the opportunity to earn a free tuxedo rental or retail suit from us if you provide the required number of rental referrals from January 2, 2012, up until the date of your prom (“Event Date”), which must occur no later than June 30, 2012. A rental referral (“Rental Referral”) is defined as a person who (a) provided your Prom Rep ID number (b) rented a Rental Package (which must include tuxedo coat, pants, shirt, tie, cummerbund, and jewelry) from Men's Wearhouse for a prom that occurs no later than June 30, 2012; (c) paid for such tuxedo Rental Package; and (d) did not obtain any refund of such payment for any reason whatsoever. Tuxedo rentals or referrals made prior to your signing up for the 2012 Prom Rep program will NOT be counted as a Rental Referral. Your own tuxedo rental is not required for participation in the 2012 Prom Rep Program or the 2012 Prom Rep Challenge, further described below, and in any event, also will NOT be counted as a Rental Referral.

Prom Rep Program Terms & Conditions

NO PURCHASE NECESSARY TO ENTER OR WIN THIS CHALLENGE. PURCHASING DOES NOT IMPROVE YOUR CHANCES OF WINNING

1. Eligibility: Open only to legal residents of the United States who are (a) 14 years of age or older as of the date of entry; and (b) enrolled as a full-time student in either (a) an accredited high school, which high school is accredited by one of the following regional accrediting agencies in the United States: Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Northwest Accreditation Commission, Western Association of Schools and Colleges, and Southern Association of Colleges and Schools; or (b) a non-accredited high school that is recognized by The Men’s Wearhouse, Inc. (“Sponsor” or “Men’s Wearhouse”) as a participating school. To determine whether your high school is recognized as a participating school or to seek recognition from Sponsor as a participating school, please contact your local Men’s Wearhouse store. Employees and agents of Sponsor, its subsidiaries and affiliate companies, and all coordinating agencies for the “2012 Prom Rep Challenge” (the “Challenge”), and the immediate families of each, or persons living in the same household of such employees are not eligible. The Challenge 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.
Challenge Period: The Challenge begins on January 2, 2012, and ends June 30, 2012. On or about July 9, 2012, a contest winner will be determined from all eligible entries received as of June 30, 2012 (”Contest Winner”). The Contest Winner will be selected pursuant to Paragraph 6, below.

How To Enter: To enter the Challenge, you must sign up as a Prom Rep by June 22, 2012 and obtain referrals as stated in the terms and conditions of the Prom Rep program located at www.menswearhouse.com/promrepterms.com. A referral is defined, for purposes of this Challenge and the Prom Rep program as each paid-in-full (and not refunded, whatever the reason) rental tied to the Prom Rep’s identification number, which number will be issued upon sign up (“Referral”). A Prom Rep’s own rental is not required, and in any event, does not count as a “Referral” for purposes of the Challenge. Except as stated here, any attempt by any participant to obtain more than one entry by using multiple/different email addresses, identities, or any other methods will void that participant's entry and that participant may be disqualified.

Consent to Use of Information: Participants (or their parents or guardians, if the participant is a minor) consent to the business use of their image and the personal information provided here by Sponsor, its subsidiaries and affiliate companies, including all use contemplated in the administration of this Challenge, the compliance with any requests for winners lists, and any publicizing of winners or Challenge generally. If you do not wish to receive any information (other than specifically stated above in connection with administration of this Challenge) from Sponsor, its 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.

Prizes & Approximate Retail Value: For the Challenge, there is one (1) Contest Winner of the following prizes: (a) $25,000 cash to the Contest Winner; (b) a suite of Apple products (Apple TV (Estimated Retail Value of $99.00); iPhone (Estimated Retail Value of $399.00), iPad (Estimated Retail Value of $599.00), MacBook Pro 15” (Estimated Retail Value of $1,799.00); and (c) $25,000 for the high school of the Contest Winner. Total ARV for the Challenge: $52,896.00. The terms APPLE, APPLE TV, IPHONE, IPAD, and MACBOOK are used solely to identify the prizes available in the Challenge. The Challenge and the goods and services of Sponsor are NOT endorsed, sponsored, authorized or otherwise affiliated with Apple. Apple is not in any way affiliated with Sponsor. Apple’s products and its related marks are the property of companies other than Sponsor. Apple is not a participant in or sponsor of this Challenge. The Contest Winner, and high school of the Contest Winner, are solely responsible for all taxes and expenses, which are not included in the prize description above, including but not limited to tax or any fees and costs incurred in claiming, registering or using the prize(s). The Sponsor reserves the right, at its discretion, to substitute a prize of equivalent or greater value for any reason. The prize(s) are not redeemable for cash.

Certain Restrictions: Selecting the Contest Winner of the Challenge: On July 9, 2012, the participant with the most number of Referrals obtained during the Challenge Period will be declared the Contest Winner. The Contest Winner will be announced by Thursday, August 9, 2012. IN THE EVENT OF A TIE IN THE NUMBER OF REFERRALS OBTAINED BETWEEN TWO OR MORE PARTICIPANTS (“QUALIFYING PARTICIPANTS”), PRIZES WILL BE DIVIDED EQUALLY BETWEEN THE QUALIFYING PARTICIPANTS. ALL PRIZE DETAILS, INCLUDING DETERMINATION OF EQUAL DIVISION OF PRIZES, ARE AT SPONSOR’S SOLE DISCRETION. Selection of Alternates. In the event the original Contest Winner forfeits the prize, then the participant with the next highest number of Referrals will be declared the winner. Winners of the Challenge (or, if the winner is a minor, a parent or guardian) will be required to sign an Declaration of Eligibility and Liability/Publicity Release (except where prohibited by law), an IRS form W-9, and such other documents reasonably required by Sponsor in connection with Sponsor's use of names, video-images, likenesses, and biographical information of the winners without compensation. All such documents issued by Sponsor, must be signed and returned within two (2) week of notification, or prize will be forfeited. In the event that the Contest winner(s) forfeit(s) prize for any reason, alternate winner(s) will be selected pursuant to the provisions above. Contest Winner’s school will be required to execute a Declaration of Eligibility 1) confirming that it is either (a) an accredited high school, which high school is accredited by one of the following regional accrediting agencies in the United States: Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Northwest Accreditation Commission, Western Association of Schools and Colleges, and Southern Association of Colleges and Schools; or (b) a non-accredited high school that is recognized by Men’s Wearhouse as a participating school; 2) accepting the $25,000 prize as a donation; and 3) attaching any IRS forms or other tax-related documentation required by Sponsor. If Contest Winner’s school fails to execute and return such required Declaration to Sponsor within two (2) weeks of notification, school will be declared ineligible to receive $25,000 donation. Winners are solely responsible for reporting and paying all local, state and federal taxes and any other expenses or costs relating to the prizes.

Consumer Disclosure: Odds of Winning the Challenge: Odds of winning the Challenge depend upon the number of participants.

General Terms and Conditions: Prize cannot be assigned or transferred. No prize substitution is permitted, except at Sponsor's sole option. Sponsor assumes no responsibility for any error, omission, deletion, defect, theft or destruction or unauthorized access to, or alteration of, entries. No correspondence or other inquiries regarding entries will be accepted. Acceptance of a prize constitutes permission, by Sponsor, to use winners’ names (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.

General Release/Limitation of Liability: By entering the Challenge, participant (or, if a minor, his/her parent or guardian) agrees (i) to be bound by these Official Rules and the decisions of administrators and Sponsor, which shall be final in all respects, and (ii) to release Sponsor and its affiliates, subsidiaries, and their respective officers, directors, employees, and agents, and all coordinating agencies (“Sponsor Indemnitees”) from any and all liability, claims or damages arising out of participant’s participation in the Challenge, and the acceptance and use of any prize, and the prize. Notwithstanding the foregoing, if the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, participant (or, if a minor, his/her parent or guardian) agrees that, by entering, (i) any and all disputes, claims and causes of action arising out of or in connection with the Challenge, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Challenge, but in no event attorney’s fees; and (iii) under no circumstances will any participant be permitted to obtain any award for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. Participant (or, if a minor, his/her parent or guardian) further agrees that Sponsor Indemnitees shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death and injury) in connection with: participation in Challenge; acceptance/possession (including, but not limited to, delays by shipping companies), defects, and/or use/misuse of the prize. Each participant (or, if a minor, his/her parent or guardian) further agrees to indemnify and hold harmless Sponsor Indemnitees from any and all injuries, losses, damages, claims, actions or any liability resulting or arising from participation in this Challenge or acceptance, possession or use of a prize, and to release all rights to bring any claim, action or proceeding against Sponsor Indemnitees. Sponsor Indemnitees shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of a Sponsor Indemnitees; or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor Indemnitees. Prizes are provided “AS IS” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, in which case the above limitations or exclusions may not apply.

Construction: 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. All entrants expressly agree to submit to the laws of and the jurisdiction of the federal and state courts of the State of California, and hereby waive 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 Challenge 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.

Winner's List: For a list of winners, send a stamped, self-addressed envelope to “2012 Prom Rep Challenge”, 22 4th St., 9th Floor, San Francisco, CA 94103. Requests must be received by December 1, 2012.

Administration of Challenge: This Challenge is sponsored by The Men’s Wearhouse, Inc. whose executive office is at 40650 Encyclopedia Circle, Fremont, CA 94538. As it relates to the Challenge, the Men’s Wearhouse may be contacted at The Men’s Wearhouse “2012 Prom Rep Challenge”, 22 4th St., 9th Floor, San Francisco, CA 94103.

All federal, state and local laws and regulations apply. Void where prohibited or restricted by law.