CLARKS® FALL 2019 SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. ELIGIBILITY: The Clarks Fall 2019 Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico who are eighteen (18) years of age or older and of the age of majority in their state of residence at the time of entry. All federal, state and local laws and regulations apply. Void where prohibited or otherwise restricted by law. The following individuals are not eligible to enter or win: employees, officers and directors of C. & J. Clark America Inc., including its respective parent, subsidiaries, and affiliates, as well as their immediate family members (spouses, parents, children and siblings, regardless of where they live) and individuals living in the same household as such employees, officers, or directors (whether or not related).
2. SPONSOR: C. & J. Clark America, Inc., 60 Tower Road, Waltham, MA 02451.
3. SWEEPSTAKES PERIOD: The Sweepstakes begins on August 15, 2019 at 12:00 am EST and ends on September 2, 2019 at 11:59 pm EST (the “Sweepstakes Period”). Following the conclusion of the Sweepstakes Period, thirty (30) prize winners (“Prize Winners”) will be randomly selected to receive a prize, as more particularly set forth below. All entries must be received by 11:59 pm EST on the last day of the Sweepstakes Period to be eligible. Sponsor’s computer shall be the official time-keeping device for the Sweepstakes.
4. HOW TO ENTER: There are there (3) ways to enter:
(i) Make an In-Store Purchase: Visit a Clarks full-price retail store in the U.S. (excludes all Clarks outlet stores) during the Sweepstakes Period, and make a purchase of any Clarks footwear. Provide your email address at point of sale for purposes of being contacted as a winner in connection with this Sweepstakes, and you will receive one (1) Sweepstakes entry.
(ii) Make an Online Purchase: Visit https://www.clarksusa.com and make an online purchase of any Clarks footwear. At checkout, you must provide your email address, and you will receive one (1) Sweepstakes entry.
(iii) Online Without a Purchase: To enter without making a purchase, visit https://www.clarksusa.com/sweepstakes/fall-sweeps and follow the links and instructions to complete and submit the registration form including email address. You automatically will receive one (1) Sweepstakes entry.
Limit: Upon completing any of the above, you will receive one (1) entry into the Sweepstakes (“Entry”). Limit one (1) Entry per person during the Sweepstakes Period regardless of method of entry. Multiple entrants are not permitted to share the same email address. An entrant may not attempt to obtain more than the stated number of Entries by using different email addresses, identities, registrations or any other method. Such action will result in the disqualification of entrant.
Opt-Out Instructions: If you made a qualifying purchase and were entered into the Sweepstakes but do not wish to participate in the Sweepstakes, you may opt out of participating by visiting https://www.clarksusa.com/sweepstakes/fall-sweeps-opt-out and following the links and instructions.
5. AGREEMENT TO OFFICIAL RULES/DECISIONS OF SPONSOR: 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.
6. RANDOM DRAWING/ODDS:
Thirty (30) prize winners (“Prize Winners”) will be selected by a random drawing from all eligible Entries received. Time is of the essence in awarding the prizes, and the drawing will be conducted in about one (1) month after the conclusion of the Sweepstakes Period. The drawing will be conducted by representatives of Sponsor. Each selected, potential Prize Winner will be notified by email at the email address submitted with their Entry.
If any potential Prize Winner cannot be reached by the email address submitted with their Entry within three (3) days of the initial attempt to notify such person, is found to be ineligible, does not comply with these Official Rules, or declines the prize for any reason, such potential Prize Winner will be disqualified and forfeits the Prize and an alternate Prize Winner will be selected in a random drawing from the remaining eligible Entries received during the Sweepstakes Period. 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. Sponsor shall only be obligated to identify one (1) alternate Prize Winner in each instance, and if such alternate Prize Winner is also disqualified, the Sponsor shall not be obligated to seek another alternate Prize Winner or award the Prize. Sponsor is not responsible for false, incorrect, changed, incomplete or illegible information submitted by any entrant. Odds of winning will depend upon the number of eligible Entries received during the Sweepstakes Period.
7. PRIZES: Each Prize Winner will receive one (1) Clarks gift card with an ARV of one hundred fifty dollars ($150.00) (“Prize”). Gift card is valid at any Clarks retail store or Clarks outlet store, or online at the www.clarksusa.com. Gift card is subject to all terms and conditions associated with its use. Gift card cannot be returned, redeemed, or exchanged for cash except to the extent required by applicable law. Gift card is nontransferable and will not be replaced if lost, stolen, or destroyed. No substitution of any Prize except by Sponsor. Prize Winner is responsible for all federal, state and local tax liabilities, if any. By entering this Sweepstakes you are authorizing C. & J. Clark America, Inc. to use your name and mailing address to send you the gift card Prize should you be randomly chosen to receive such Prize. Approximate Retail Value (“ARV”) of Prize is one hundred fifty dollars ($150). Total ARV of all Prizes is four thousand five hundred dollars ($4,500).
8. RELEASE: 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.
9. CONDITIONS OF PARTICIPATION: C. & J. Clark America, Inc. reserves the right, in its sole discretion, to cancel, terminate, modify or suspend part or all of this Sweepstakes at any time. C. & J. Clark America, Inc. is not responsible for computer system, hardware, software or program malfunction or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. C. & J. Clark America, Inc. reserves the right in 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. Prize Winners agree that by participating in the Sweepstakes, Sponsor may use the winner’s name, image or likeness in any manner and in any medium for our promotional purposes without additional compensation, except where prohibited by law. This Sweepstakes is intended and limited for play in the United States and shall only be construed and evaluated according to laws of the United States. 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. In the event of a conflict between any Sweepstakes materials and these Official Rules, these Official Rules shall govern. ANY ATTEMPT BY A PARTICIPANT OR OTHER PERSON TO UNDERMINE THE OPERATION OF THE SWEEPSTAKES OR COMMIT ANY OTHER ACT OF FRAUD MAY VIOLATE FEDERAL AND STATE CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY SUCH PARTICIPANT AND SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. DISPUTES/CHOICE OF LAW: Except where prohibited, you agree that: (i) 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 state or federal courts situated in the Commonwealth of Massachusetts, (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees or court costs; and (iii) under no circumstance shall you be permitted to obtain or seek punitive, incidental, special, consequential or other damages, other than actual out-of-pocket expenses. This Sweepstakes shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Massachusetts or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts.
12. PRIZE WINNER LIST: For a list of the Prize Winners and/or Prize Winners or a copy of these Official Rules, see https://www.clarksusa.com/sweepstakes/fall-sweeps-rules or mail a self-addressed envelope to: Clarks Marketing, Attn: Fall 2019 Sweepstakes, 60 Tower Road, Waltham, MA 02451.