THE 12 DAYS OF CLIFMAS 2012 SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ENTRY PERIOD: The 12 Days of CLIFmas Sweepstakes (the “Sweepstakes”), sponsored by Clif Bar & Company (“Sponsor”), begins on December 12, 2012 at 12:00:00 a.m. Pacific Time (“PT”) and ends on December 23, 2012 at 11:59:59 p.m. PT (the “Sweepstakes Period”).
2. ELIGIBILITY: This Sweepstakes is open to legal residents of the 50 contiguous United States and DC (the “Eligibility Area”) who are at least 18 years of age or older at the date of entry (19 or older for residents of Alabama and Nebraska). Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households [whether related or not]) of Sponsor, its parents, divisions, affiliates, subsidiaries, agents, promotional partners, advertising/promotion agencies, event staff, and prize suppliers (collectively “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. TO ENTER: To enter, you must first like the Clif Bar page on Facebook at https://www.facebook.com/clifbar (“Facebook Page”) and follow the instructions to complete the online entry form and submit your entry during the Sweepstakes Period. If you are currently, a friend of the Facebook Page simply complete the online entry form available on our Facebook Page.
Limit one (1) entry per person, email address per day. Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits. Entry information becomes the property of Sponsor and will not be returned. Sponsor’s computer will be the official time clock for the Sweepstakes. In the event of a dispute as to any online entry, the authorized account holder of the email address associated with the entry, at time of entry, will be deemed to be the entrant. The "authorized account holder" is the natural person assigned to the email address by the email provider. Potential winners may be required to show proof of being the authorized account holder. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void.
4. RANDOM DRAWING/ODDS/NOTIFICATION: Sponsor will select twelve (12) winners in a random drawing from among all eligible entries received during the Sweepstakes Period on or about January 10, 2013 (“Drawing Date”). Potential winners will be notified in accordance with Section 5 below. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Limit of one (1) prize per household.
5. WINNER NOTIFICATION: Potential winners will be notified within 48 hours of the Drawing Date. Potential winners will be notified by email at the email address used at time of entry submission. Any such email will instruct the potential winners to respond to a certain email address within forty-eight (48) hours after the notification. Winners must respond to the email and confirm his/her eligibility and ability to accept and participate in the prize within such forty-eight (48) hour period, or prize will be forfeited and awarded to an alternate winner, provided sufficient time remains to notify and verify an alternate winner; otherwise prize will not be awarded. A potential winner will only be notified one time as set forth above for attempted prize notification. Proof of identify, age and/or legal residence may be required to claim the prize.
6. PRIZES: Each prize will consist of three (3) caddies of Clif Bars (36 bars) plus two (2) branded Clif Bar swag items (i.e., water bottle, beanie, poster, stuff sack or messenger bag). The actual retail value (“ARV”) of each prize is $60. Additional requirements may apply. No prize transfer. If any element of the prizes is cancelled or postponed the remaining portion of the prizes will be awarded as complete and final, and no substitute compensation will be offered.
The total ARV of all prizes is $720.
7. ADDITIONAL PRIZE RESTRICTIONS: Any prize details and restrictions not specified above will be determined by Sponsor in its sole discretion. Any costs and expenses not specifically described herein as part of a prize are the sole responsibility of the winners. Prizes are non-transferable; no substitutions or cash awards allowed, except at the discretion of Sponsor in which case a prize of equal or greater value will be awarded. All taxes (including without limitation federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the winners. Each winner may be required to return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Sponsor makes no representations regarding the tax liability associated with any prize, and winners are advised to seek counsel regarding any tax liabilities associated with their prize. To claim a prize, potential winners and/or winner’s parent or legal guardian may be required to complete a notarized affidavit of eligibility (provide proof of winner’s age, residency and legal status), a liability release and (where legal) a publicity release, which must be returned within the time period specified by Sponsor. Any winner may be disqualified at Sponsor’s sole discretion if: (a) any required documents are not completed and returned within the required time period; (b) potential winner fails to comply with any of the terms of these Official Rules, or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, assuming there is sufficient time available for winner notification and verification, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining eligible entries, pending verification of eligibility. No responsibility is assumed by Sponsor for any incorrect postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission.
8. GENERAL: Sweepstakes Entities and Internet/wireless access providers are not responsible for incomplete, late, lost, misdirected or postage-due entries or mail, or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Sweepstakes Entities are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Sweepstakes Entities are not responsible for injury or damage to entrant's or to any other person's computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Sweepstakes or downloading materials from or using any website. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select winners from among all eligible entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Screen shots or any other evidence of entry submission will not be deemed receipt of any such entry. Entry must be made by the entrant and via the means described above in Section 3 only. You are not a winner until your entry has been verified and you have complied with these Official Rules.
9. RIGHTS OF PUBLICITY: By entering this Sweepstakes, unless prohibited by law, each potential winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by entering this Sweepstakes, unless prohibited by law, each potential prize winner agrees to grant to Sponsor and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winner’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further, without such additional compensation, appear for or provide biographical information for use in any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion.
11. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE SWEEPSTAKES ENTITIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ATTENDANCE OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS, OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE PRINTING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
12. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. RELEASEES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY THE AIR CARRIER(S), HOTEL(S) OR OTHER TRANSPORTATION COMPANIES OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES OR ACCOMMODATIONS TO ANY PRIZE WINNER OR THEIR GUEST HEREUNDER, INCLUDING ANY RESULTS THEREOF SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
13. GOVERNING LAW: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. NO FACEBOOK ENDORSEMENT. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. Any information you provide in connection with the Sweepstakes is to the Sweepstakes Entities and not to Facebook. You understand that by using and interacting with http://www.facebook.com, you are subject to the terms, conditions, and policies that govern the use of http://www.facebook.com. You should therefore review the applicable terms and policies for http://www.facebook.com, including privacy and data gathering practices, before using or interacting with Facebook.
(b) Severability: Headings: If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winners: To receive the name, city and state of the winners, send a self-addressed, stamped envelope to: The 12 Days of CLIFmas Sweepstakes 1451 66th Street, Emeryville, CA 94608. Requests must be received by February 15, 2013. VT residents may omit return postage.
(d) Rules Requests: To receive a copy of these Official Rules, send a self-addressed, stamped envelope to: The 12 Days of CLIFmas Sweepstakes Official Rules, 1451 66th Street, Emeryville, CA 94608. Requests must be received February 15, 2013. VT residents may omit return postage.
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