NO PURCHASE NECESSARY TO ENTER OR WIN. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
SWEEPSTAKES DESCRIPTION: Clif Bar & Company (“Sponsor”) would like to offer fans the opportunity to choose the “official” pronunciation of “Pecan” in the new CLIF Bar Pecan Pie Seasonal Flavor Sweepstakes (the “Sweepstakes”) by submitting a Vote to Facebook, Twitter or Instagram. Eight (8) winners will each receive a prize package as set forth specifically in Section 5 PRIZES below. A “Vote” is a use of the hashtag #PEEcan #pickAHN or #peeKAHN submitted by entrants and all other required information, as more specifically defined below in Step 2 of HOW TO ENTER. Entrants can upload as many Votes as they want during the Entry Period.
1. SWEEPSTAKES ENTRY: The Sweepstakes begins September 16, 2013 at 12:00 a.m. Pacific Time (“PT”) (“Start Date”) and ends September 23, 2013 at 11:59 p.m. PT (“End Date”) (the “Entry Period”). All Votes must be received and recorded by Sponsor within the Entry Period to be eligible to win. Sponsor’s computer is the official clock for this Sweepstakes.
2. ELIGIBILITY: Sweepstakes is open only to legal residents of the 50 United States and the District of Columbia who are thirteen (13) years of age or older as of the date of entry. Entrants must have internet access at the time of entry to participate in the Sweepstakes. Employees, officers, agents, directors, consultants, independent contractors, interns, (and their immediate families and household members regardless of where they live, or members of the same households [whether related or not]) of Sponsor, and its respective affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies (collectively “Sweepstakes Entities”) are not eligible to win any prize. Sweepstakes is subject to all federal, state and local laws and regulations. Any violation of these rules may result in disqualification. Sponsor may amend and modify these Official Rules or cancel this Sweepstakes at any time in its sole discretion without prior notice and liability. No group/club/business/organization may enter. No joint entries are permitted; a single individual must be identified as the entrant submitting the photo.
3. HOW TO ENTER: To enter the Sweepstakes go to your personal Twitter or Instagram pages, or on Sponsor’s Facebook Timeline at http://www.facebook.com/clifbar (“Websites” or each a “Website”) and vote for your “Pecan” pronunciation by using one of the following hashtags #PEEcan #pickAHN or #peeKAHN:
Step 1. If you do not have a Website account, sign up for your FREE account at https://facebook.com, https://twitter.com or https://instagram.com.
Step 2. Vote: Post your Vote using one of the hashtags #PEEcan #pickAHN or #peeKAHN. On Twitter and Instagram, users can simply post directly to their personal Twitter or Instagram pages. On Facebook, users must post directly to Sponsor’s Timeline page at http://www.facebook.com/clifbar.
4. DETERMINATION OF WINNER: Beginning on or about September 30, 2013, Sponsor will randomly draw one (1) potential winner a day for eight (8) days (each a “Draw Date”) from the eligible Votes received through the Websites during the Entry Period to determine each of the eight (8) winners. The decisions of Sponsor are final and binding. Odds of winning depend on the number of eligible entries received during the Entry Period.
5. PRIZES: Eight (8) individual prize packages which include: (1) a one (1) year supply of CLIF Bar products; (2) one (1) Jones Mountain Twin snowboard; (3) trip to Squaw Valley, including– two (2) nights lodging in any Standard Room at The Village at Squaw Valley, $250 in food and beverage vouchers good for use at any Squaw Valley Resort restaurant, two (2) All-Day Lift Tickets for Squaw Valley, one (1) roundtrip flight (to Reno) from any city in the United States (excluding Hawaii and Puerto Rico), and an airport shuttle (Reno Airport to Squaw Valley, and return); (4) one (1) pair of Sanuk shoes (style to be determined by Sponsor); (5) one (1) O’Neill Jones 3L jacket; (6) one (1) POC Fornix helmet; (1) one (1) pair of Cornea goggles; (7) one (1) Protect Our Winters promotional prize pack, including a POW t-shirt, hoodie, beanie and pair of POW Converse Chuck Taylor shoes autographed by Jeremy Jones; and (8) Teton Gravity Research prize promotional pack including two (2) DVDs, three (3) t-shirts, one (1) balaclava, one (1) beanie, one (1) ball cap, and one (1) pair of sunglasses. The approximate retail value of the Sweepstakes prizes is $3,033.
Limit one (1) prize per individual/family/household/address. Any prize details not specified above will be determined by Sponsor at its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. All expenses, fees, charges and taxes not specifically mentioned as included in the prize are winner’s sole responsibility. No cash or other substitutions for a prize may be made, except by Sponsor, who reserves the right to substitute a prize (or component thereof) with any other prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion.
Where permitted by law, the potential Grand Prize winner (or if a minor, his/her parent or legal guardian) will be notified by e-mail and may be required to sign and return within three (3) business days of receipt an Affidavit of Eligibility, Release and Indemnification, a Publicity Release and other documents determined as necessary by Sponsor (collectively “Required Documents”). If potential winner does not reply to such notification within specified time period, an e-mail notification is undeliverable after up to two (2) attempts and/or the Required Documents are not returned to Sponsor within specified time period for any reason, Sponsor may disqualify winner and select an alternate winner. If winners are ineligible, or winners decline the prize, the prize will be forfeited and an alternate winner may be selected by Sponsor in its sole discretion; provided sufficient time remains to notify and verify an alternate winner; otherwise prize will not be awarded. In the event of a dispute as to the identity or eligibility of any entry based on an e-mail address, the Vote will be declared made by the Authorized Account Holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. 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. 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.
6. GOVERNING LAW: To the fullest extent permitted by law, entrant agrees: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts in the County of Alameda, State of California, (2) TO WAIVE THEIR RIGHT TO A TRIAL BY JURY AND WAIVE ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUM FOR RESOLVING SUCH DISPUTE/CLAIM/CAUSE OF ACTION; (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (4) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and 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.
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 4 only. You are not a winner until your entry has been verified and you have complied with these Official Rules.
9. 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, 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.
10. 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, ANY PRIZE AWARDED IN CONNECTION WITH 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.
11. 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 Sponsors 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.
12. NO ENDORSEMENTS: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, or Instagram (the “Websites”). Any information you provide in connection with the Sweepstakes is to the Sponsor and not to the Websites. You understand that by using and interacting with the Websites, you are subject to the terms, conditions, and policies that govern the use of each Website. You should therefore review the applicable terms and policies for each of the Websites, including privacy and data gathering practices, before using or interacting with the Websites.
13. WINNER’S LIST: For the names of the prize winners, mail a self-addressed, stamped envelope by 12/08/2013 to: CLIF Bar “Pecan Pie Seasonal Flavor Sweepstakes” Winners, 1451 66th Street, Emeryville, CA 94608 (VT residents may omit postage).