CLARKS® VALENTINES SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Clarks Valentines Sweepstakes (“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. Employees, officers and directors of C. & J. Clark, America, Inc. including its respective parents, 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), are not eligible to enter or win.
C. & J. Clark America, Inc., 60 Tower Road, Waltham, MA 02451 (“Sponsor”). The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook, or any other social media platform.
3. SWEEPSTAKES PERIOD:
The Sweepstakes begins on February 11, 2020 at 9:00 AM EST and ends on February 14, 2020, at 5:00 PM EST (collectively, the “Sweepstakes Period”). The Sweepstakes consists of one drawing at the conclusion of the Sweepstakes Period where one (1) Prize Winner will be randomly selected to receive a prize as more particularly set forth below.
4. HOW TO ENTER:
There are two (2) ways to enter:
- (i) Instagram or Facebook:
- a. Follow our brand pages on Instagram (https://www.instagram.com/clarksshoes/) or Facebook (@ClarksShoesUS);
- b. Like the post advertising the Sweepstakes; and
- c. Tag a friend in the comments of the post advertising the Sweepstakes.
- (ii) Mail-in: Mail a post card with your name, address, phone number and email address to: Clarks Marketing, Attn: Valentines Sweepstakes, 60 Tower Road, Waltham, MA 02451. You automatically will receive one (1) Entry.
Limit one (1) Entry per person, regardless of method of entry.
5. 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.
6. RANDOM DRAWING/ODDS:
One (1) prize winner (“Prize Winner”) will be randomly drawn from all eligible entries on or about one (1) week 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, and Sponsor will 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 three (3) business days 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.
The Prize Winner will receive two (2) pairs of Clarks shoes from clarksusa.com in the style and size of Prize Winner’s choice, subject to availability (“Prize”). Upon being confirmed as the Prize Winner, Sponsor shall request Prize Winner’s email address for purposes of Prize fulfillment. 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. Approximate retail value (“ARV”) of Prize: five hundred dollars ($500).
9. 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, and all other participating stores, 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. 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 should unauthorized human intervention or causes beyond the control of C. & J. Clark America, Inc., corrupt or impair the administration, security, fairness, or proper play of the Sweepstakes. C. & J. Clark America, Inc. 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. The Prize Winner agrees 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.
10. GOVERNING LAW:
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.
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.
12. PRIZE WINNER LIST:
For notification of the Prize Winner and/or a copy of these Official Rules, mail a self-addressed, stamped envelope to: Clarks Marketing, Attn: Valentines Sweepstakes, 60 Tower Road, Waltham, MA 02451.