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NYCDMS/1178027.2<br />

<strong>HUGO</strong> <strong>BOSS</strong><br />

MARTIN KAYMER SWEEPSTAKES<br />

OFFICIAL RULES<br />

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY<br />

TO ENTER OR WIN THIS SWEEPSTAKES<br />

A <strong>purchase</strong> <strong>will</strong> <strong>not</strong> <strong>improve</strong> <strong>chances</strong> <strong>of</strong> <strong>winning</strong>.<br />

CONSUMER DISCLOSURE<br />

You have <strong>not</strong> yet won.<br />

OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES WHO ARE AT LEAST 18<br />

YEARS OLD AS OF THE DATE OF ENTRY<br />

By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any<br />

violation <strong>of</strong> these rules may result in disqualification. All decisions <strong>of</strong> the Sponsor regarding this<br />

Promotion are final and binding in all respects.<br />

1. SPONSORSHIP. This Promotion is sponsored by <strong>HUGO</strong> <strong>BOSS</strong> AG, Dieselstraße 12, 72555<br />

Metzingen, Germany; email: info@hugoboss.com (“<strong>HUGO</strong> <strong>BOSS</strong>” or “Sponsor”).<br />

2. PROMOTION PERIOD. The promotion begins on March 10, 2010 at 9:00 a.m. (EST) and<br />

ends March 31, 2010 at 11:59 p.m. (EDT), when all entries must be received (“Promotion<br />

Period”).<br />

3. ELIGIBILITY. This sweepstakes (the “Promotion”) <strong>will</strong> be run simultaneously in Germany,<br />

France, the UK, Austria and the United States. In the U.S., the Promotion is only open to legal<br />

residents <strong>of</strong> the United States who are at least eighteen (18) years <strong>of</strong> age or older at the time <strong>of</strong><br />

entry (except in the case <strong>of</strong> legal residents <strong>of</strong> Alabama, Mississippi, Nebraska or other states<br />

where the age <strong>of</strong> majority is greater than eighteen (18) years <strong>of</strong> age, such age <strong>of</strong> majority), except<br />

<strong>of</strong>ficers, directors, members, shareholders, and employees <strong>of</strong> the Sponsor or any other party<br />

associated with the development or administration <strong>of</strong> this Promotion, and the immediate family<br />

(i.e., parents, children, siblings, spouse) <strong>of</strong> and persons residing in the same household as such<br />

individuals. These rules only apply to U.S. entrants and winners and are void outside the United<br />

States. This Promotion is void in any U.S. state in which it is prohibited or restricted by law<br />

(including, without limitation, any jurisdiction in which registration or bonding is required or may<br />

become required at any time during the Promotion).<br />

4. PRIZE. There <strong>will</strong> be a total <strong>of</strong> three (3) winners selected from all entrants in the participating<br />

countries. The prizes are follows:<br />

- 1 st prize: one <strong>BOSS</strong> Green polo shirt signed by Martin Kaymer with a retail value <strong>of</strong> $105;<br />

- 2 nd prize: one <strong>BOSS</strong> Green Golf Bag with a retail value <strong>of</strong> $495; and<br />

- 3 rd prize: one <strong>BOSS</strong> Green Weekender with a retail value <strong>of</strong> $245<br />

(Each a “Prize” and collectively the “Prizes”.) The aggregate value <strong>of</strong> all Prizes is $845 United<br />

States Dollars. The Prizes are non-transferable or redeemable for cash. Each winner is solely<br />

responsible for reporting and payment <strong>of</strong> all federal, state and local taxes on the Prize. Each<br />

winner may receive an IRS Form 1099 for the retail value <strong>of</strong> the Prize. Each winner shall solely<br />

bear all risk <strong>of</strong> loss <strong>of</strong> the Prize.<br />

5. HOW TO ENTER. Entry into this Promotion may only be made online during the Promotion<br />

Period at www.hugoboss.com. To enter the Promotion, follow the instructions on the Promotion<br />

Entry to complete the required fields, including your first and last name and your address,<br />

telephone number and email address, and accept the Official Rules and the statement that you<br />

are over the age <strong>of</strong> 18 and a U.S. resident at the time <strong>of</strong> entering the Promotion (“Promotion<br />

Entry”). Then click “Submit”. A link to the Promotion may also be emailed to you if you are on the<br />

Sponsor’s mailing list. Listing on the Sponsor’s mailing list and/or receiving an invitation via mail<br />

or e-mail to enter the Promotion does <strong>not</strong> mean or guarantee that you are eligible under these<br />

Official Rules to participate in the Promotion. All entries become the property <strong>of</strong> the Sponsor and<br />

<strong>will</strong> <strong>not</strong> 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<br />

Policy <strong>of</strong> the Sponsor.<br />

6. WINNER SELECTION AND NOTIFICATION. Winner selection <strong>will</strong> be conducted by<br />

random drawing from all eligible entries on or around April 4, 2011 (the “Drawing”). The Drawing<br />

<strong>will</strong> be held at the Sponsor’s <strong>of</strong>fices under exclusion <strong>of</strong> the public. Any potential winner <strong>will</strong> be<br />

<strong>not</strong>ified by email. A potential winner needs to respond within five (5) days from the date the<br />

Sponsor first tries to <strong>not</strong>ify the winner. If a potential winner can<strong>not</strong> be contacted or does <strong>not</strong><br />

respond within five (5) days from the date the Sponsor first tries to <strong>not</strong>ify the winner, and/or the<br />

prize <strong>not</strong>ification is returned as undeliverable, such potential winner forfeits all rights to win the<br />

Promotion or receive a Prize, and an alternate potential winner may be selected. Upon drawing a<br />

potential winner and determining that he/she has met all eligibility requirements <strong>of</strong> the Promotion,<br />

including without limitation the legal residence requirement, the execution <strong>of</strong> applicable waivers,<br />

publicity and liability releases and disclaimers, such individual <strong>will</strong> be declared a “winner” <strong>of</strong> the<br />

Promotion.<br />

In case <strong>of</strong> any dispute, the decisions <strong>of</strong> Sponsor are final. If for any reason there are no eligible<br />

entrants or a winner can<strong>not</strong> be determined, the Prize or Prizes shall be forfeited to the Sponsor<br />

and shall no longer be available for claim as a Prize in this Promotion.<br />

7. ODDS OF WINNING. The odds <strong>of</strong> <strong>winning</strong> this Promotion depend on the number <strong>of</strong><br />

eligible Promotion Entries received during the Promotion Period. Sponsor does <strong>not</strong> guarantee<br />

that a U.S. entrant <strong>will</strong> be drawn as a winner and receive a Prize.<br />

8. PRIZE COLLECTION. The Prize <strong>will</strong> be mailed by USPS to the winner at an U.S. address<br />

provided by the winner. If a winner does <strong>not</strong> provide a valid address or if a Prize is returned as<br />

undeliverable, that winner forfeits all rights to that Prize and Sponsor reserves the right to select<br />

an alternate potential winner from all eligible entries.<br />

9. NO PRIZE TRANSFER OR SUBSTITUTION. The Prizes are <strong>not</strong> transferable or<br />

redeemable for cash. Sponsor reserves the right at its sole discretion and without prior <strong>not</strong>ice to<br />

substitute a Prize for a<strong>not</strong>her <strong>of</strong> equal or greater value, to reschedule when a Prize may be<br />

claimed or cancel or revoke the Promotion entirely.<br />

10. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and<br />

discharges the Sponsor and any other party associated with the development or administration <strong>of</strong><br />

this Promotion, their parent, subsidiary, and affiliated entities, and each <strong>of</strong> their respective<br />

<strong>of</strong>ficers, directors, members, shareholders, employees, independent contractors, agents,<br />

representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all<br />

liability whatsoever in connection with this Promotion, including without limitation legal claims,<br />

costs, injuries, losses or damages, demands or actions <strong>of</strong> any kind (including without limitation<br />

personal injuries, death, damage to, loss or destruction or property, rights <strong>of</strong> publicity or privacy,<br />

defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited by law:<br />

(i) entering the Promotion constitutes the consent <strong>of</strong> any entrant, without further compensation, to<br />

use the email address <strong>of</strong> such persons for newsletters and periodic email updates regarding the<br />

Promotion; (ii) acceptance <strong>of</strong> a Prize constitutes the consent <strong>of</strong> any winner, without further<br />

compensation, to use the name and likeness <strong>of</strong> such persons for editorial, advertising and<br />

publicity purposes by the Sponsor and/or others authorized by the Sponsor; (iii) acceptance <strong>of</strong> a<br />

Prize constitutes a release by any winner <strong>of</strong> the Sponsor Entities <strong>of</strong> any and all Claims in<br />

connection with the administration <strong>of</strong> this Promotion and the use, misuse, or possession <strong>of</strong> the<br />

Prize; (iv) any potential winner may be required to sign an affidavit <strong>of</strong> eligibility (including social<br />

security number); and (v) the winner may be required to sign a liability/publicity release. Affidavits<br />

and releases must be submitted by the winner before the winner may receive a Prize.<br />

11. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incomplete,<br />

for any reason, including by reason <strong>of</strong> mutilation, illegibility, non-delivery, electronic malfunction or<br />

human error at Sponsor’s stores, <strong>of</strong>fices or elsewhere, <strong>will</strong> <strong>not</strong> be eligible. In the event <strong>of</strong> a<br />

dispute, entries <strong>will</strong> be deemed submitted by the person named on the Promotion Entry at the<br />

time <strong>of</strong> entry. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person in<br />

breach <strong>of</strong> these Official Rules or any person tampering with the entry process. Use <strong>of</strong> multiple<br />

Promotion Entries is prohibited and may result in disqualification at the sole discretion <strong>of</strong> Sponsor.<br />

NYCDMS/1178027.2


(iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is <strong>not</strong><br />

capable <strong>of</strong> completion as planned, including by reason <strong>of</strong> unavailability <strong>of</strong> the Prize, unauthorized<br />

intervention, force majeure or technical failures <strong>of</strong> any sort. (iv) Sponsor Entities are <strong>not</strong><br />

responsible for errors in the administration or fulfillment <strong>of</strong> this Promotion, including without<br />

limitation mechanical, human, printing, distribution or production errors, and may modify or cancel<br />

this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR<br />

ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR<br />

IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE<br />

MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING<br />

EACH PRIZE OR ANY COMPONENT OF A PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN<br />

ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS<br />

PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD<br />

SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES<br />

AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH<br />

ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.<br />

12. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable<br />

federal, state, and local laws and regulations. Issues concerning the construction, validity,<br />

interpretation and enforceability <strong>of</strong> these Official Rules shall be governed by the laws <strong>of</strong> the State<br />

<strong>of</strong> New York. All disputes arising out <strong>of</strong> or connected with this Promotion <strong>will</strong> be resolved<br />

individually, and without resort to class action, exclusively by a state or federal court located in<br />

New York, New York. Should there be a conflict between the laws <strong>of</strong> the State <strong>of</strong> New York and<br />

any other laws, the conflict <strong>will</strong> be resolved in favor <strong>of</strong> the laws <strong>of</strong> the State <strong>of</strong> New York. All<br />

judgments or awards shall be limited to actual out-<strong>of</strong>-pocket damages (excluding attorneys’ fees)<br />

associated with participation in this Promotion and shall <strong>not</strong> include any indirect, punitive,<br />

incidental and/or consequential damages.<br />

NYCDMS/1178027.2

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