CLARKS INTERNATIONAL NURSES DAY SWEEPSTAKES
OFFICIAL RULES (U.S.)
OFFICIAL RULES (U.S.)
Void outside the 50 United States, District of Columbia and where prohibited. Do not proceed to enter if you are not at least 18 years of age, a legal resident of, and located within, one of the 50 United States, or the District of Columbia, or if you are employed by Sponsor. By participating, you agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes. This Sweepstakes (defined below) is in no way sponsored, endorsed or administered by, or associated with Instagram.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT AFFECT THE OUTCOME OF THIS SWEEPSTAKES.
SWEEPSTAKES PERIOD: The Clarks International Nurses Day Sweepstakes (“Sweepstakes”) begins at 12:00AM EST on May 12, 2021 and ends at 11:59PM EST on May 16, 2021 ("Sweepstakes Period"). The Sweepstakes consists of one drawing at the conclusion of the Sweepstakes Period one (1) Prize Winner will be randomly selected to receive a prize as more particularly set forth below.
SPONSOR: C. & J. Clark America, Inc., 60 Tower Road, Waltham, MA 02451 ("Sponsor" or “Clarks”).
HOW TO ENTER: There are two (2) ways to submit an entry (“Entry”):
(i) Instagram: follow @clarksshoes on Instagram; in the comments below Clarks post celebrating International Nurse’s Day, tag a nurse you want to celebrate (“Nurse”) and use the following hashtag in your Entry so that we may distinguish between the U.S. and U.K. sweepstakes: #USA. If you are a Nurse yourself, tag another Nurse friend and use the hashtag #USA.
(ii) AMOE: send an email to email@example.com with the title “Entry for Clarks International Nurses Day Sweepstakes,” and include your name and email address in the body of the email. You automatically will receive one (1) Entry.
Limit one (1) Entry per person, regardless of method of entry.
RANDOM DRAWING/ODDS: One (1) prize winner (“Prize Winner”) will be randomly drawn from all eligible entries no later than five (5) business days after the end of the Sweepstakes Period. The drawing will be conducted by representatives of Sponsor. The Prize Winner will be notified by the Sponsor via social media or email, and Sponsor may need to request the Prize Winner’s email and mailing address for purposes of Prize fulfillment. If a potential Prize Winner cannot be contacted by Sponsor within one (1) business day of the initial attempt to notify such potential Prize Winner, is found to be ineligible, does not comply with these Official Rules, or declines the Prize for any reason, an alternate Prize Winner will be selected in a random drawing from the remaining eligible entries received. Any Prize returned as undeliverable will be forfeited and an alternate Prize Winner will be selected in a random drawing from the remaining eligible entries received during the Sweepstakes Period. Odds of winning will depend upon the number of eligible entries received during the Sweepstakes Period.
PRIZE: A total of one (1) Prize will be awarded. Each Prize shall consist of two (2) pairs of Clarks shoes from clarksusa.com in the style and size of Prize Winner’s choice and Nurse’s choice, subject to availability (“Prize”). Approximate retail value (“ARV”) of a Prize: $300 (each pair of shoes being approximately $150).
PRIZE CONDITIONS: Upon being confirmed as a Prize Winner, Sponsor may request Prize Winner’s email and mailing address for purposes of Prize fulfillment. Where requested, Prize Winner must timely submit Prize choices to Sponsor, as directed by Sponsor via email, in order to receive the Prize. In the event that Prize Winner’s shoe selections are not available, Sponsor will provide Prize Winner with substitute shoes of Prize Winner’s choice.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Each Prize Winner is solely responsible for reporting and paying any and all federal, state and/or local or other taxes, fees or costs that may apply to accepting a Prize. Sponsor is not responsible and will not pay any such taxes.
AGREEMENT TO OFFICIAL RULES: By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to the Sweepstakes.
NO IMPLIED ENDORSEMENT: The names of individuals, groups, companies, products and/or services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or company does not imply any association with or endorsement by such individual, group or company.
LICENSE FOR USE OF ENTRIES: By submitting an Entry, each Entrant grants, and represents and warrants that the Entrant has the rights and authority necessary to grant Sponsor, including any rights or permission from any third parties featured in the Entry, an irrevocable, non-exclusive, fully sublicensable license and right to exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, any photographs, hashtags, descriptions or comments made by such Entrant and/or the name, likeness, or Instagram handle of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation for any purpose.
CONDITIONS OF PARTICIPATION: By entering the Sweepstakes and/or accepting any Prize that may be won, you agree to release and hold C. & J. Clark America, Inc., its directors, officers, employees, licensees and assigns, parent, subsidiaries and affiliates, harmless from and against any and all actions, claims, injuries, losses or damages of any kind whatsoever, directly or indirectly, arising from or relating to this Sweepstakes including without limitation those related to your Entry and participation in this Sweepstakes and your acceptance, possession, use or misuse of any Prize. You understand and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the aforementioned parties and that no action will be taken by you or on your behalf with respect to any such rights, it being understood that this release shall be binding upon your heirs, executors, and administrators. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend part or all of this Sweepstakes at any time for any reason whatsoever. Sponsor reserves the right at its sole discretion to disqualify any individual that it reasonably believes to have tampered with the entry process or with the operation of the Sweepstakes, or who is found to be acting in violation of these Official Rules. In the event that any provision of these Official Rules is found to be invalid, illegal, void, or unenforceable, the remainder of the Official Rules shall remain in full force and effect and shall be construed as if the invalid, illegal, void, or unenforceable provision was not contained herein.
ARBITRATION: By participating in this Sweepstakes, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sponsor relating to, arising out of or connected in any way with (a) the Sweepstakes, (b) the awarding or redemption of the Prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
PRIZE WINNER LIST:
For notification of the Prize Winner and/or a copy of these Official Rules, email to firstname.lastname@example.org. Attn: Clarks International Nurse’s Day Sweepstakes (U.S.), or send a self- addressed stamp envelope to Clarks Marketing Department, 60 Tower Road, Waltham, MA 02451 ATTN: Clarks International Nurse’s Day Sweepstakes (U.S.).