NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR VIEWING AND PARTICIPATION IN THE UNITED STATES AND CANADA (EXCEPT THE PROVINCE OF QUEBEC) ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES OR CANADA (EXCEPT THE PROVINCE OF QUEBEC) AT THE TIME OF ENTRY.
1. SWEEPSTAKES PERIOD: Starts October 9, 2012 at 10:00:00 AM Central Daylight Time ("CDT") and ends January 8, 2013 at 10:00:00 AM Central Standard Time (CST) (the "Sweepstakes Period").
2. ELIGIBILITY: To be eligible to enter and be eligible to win, you must be a legal resident of the 50 United States or the District of Columbia who is 18 years of age or older, OR a legal resident of Canada (except the province of Quebec) who has reached the legal age of majority in his/her province/territory of residence, and have a valid email address. Void in Quebec and where prohibited. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after October 9, 2012, was or is a director, officer, or employee of Kimberly-Clark Global Sales, LLC, or Kimberly-Clark Inc, or their parents, subsidiaries, franchisees, agents, suppliers, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes or engaged in the administration or execution of this Sweepstakes (collectively with the entities in 2(a), the "Sweepstakes Entities"), and (c) members of the immediate family (spouse, parent, child, sibling and their respective spouse) of and persons who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Sweepstakes Period, whether related or not) as any person in any of the preceding categories.
3. HOW TO ENTER: NO PURCHASE NECESSARY. Visit www.kleenex.com/HandTowels (the Website), then log in or register by providing your true contact information (first name, last name, complete mailing address, email address and phone number, date of birth), read and accept these Official Rules, and then write a description or story (up to 1,000 characters) about why you like (or are excited to try) Kleenex Hand Towels (Submission) and submit it on the Website, following all online instructions. Once your Submission is submitted, you will receive one (1) Sweepstakes entry into the Sweepstakes Draw. (See Rule #4 for how to enter by mail without submitting a Submission). Submissions will not be judged and may be featured on the Website and/or social channels like Facebook or Twitter, in the sole and absolute discretion of the Sponsor. By entering, you acknowledge that Sponsor has no obligation to use or post your Submission.
By submitting a Submission, you grant Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform, and distribute the Submission in any way, in any and all media, without limitation (including without limitation on the Website and/or other Internet sites), and without consideration to you. By entering a Submission, you hereby represent and warrant that the Submission conforms to the requirements set forth herein. Submission cannot: i) be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial gender, religious, professional or age group; ii) be obscene, profane, or offensive or endorse any form of hate or hate group; iii) promote alcohol, illegal drugs, tobacco, firearms/weapons, any activities that may appear unsafe or dangerous (or the use of any of the foregoing), or any particular political agenda or message; iv) defame, misrepresent, or contain disparaging remarks about Sponsor or its products, or other people, products or companies; v) contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as personal names, e-mail address, or street addresses; vi) contain copyrighted materials owned by others; vii) contain the names or other indicia identifying any person, living or dead, without permission; viii) communicate messages inconsistent with the positive image and/or goodwill to which Sponsor wishes to associate; and ix) describe, or otherwise be in, violation of any law. Sponsor reserve the right to waive the Submission requirements set forth herein in its reasonable discretion. Sponsor's decision as to whether any Submission is in violation of the above requirements is final and binding on entrants.
By entering a Submission, you agree that your entry is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise use the ideas contained in the Submission on a non-confidential basis without any additional compensation to you. You acknowledge that, by acceptance of your Submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
By submitting a Submission, you warrant and represent that it: a) is your original work; b) has not been previously published; c) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and d) that publication of the Submission via various media including Internet posting, will not infringe on the rights of any third party. You will indemnify and hold harmless Sponsor and Sweepstakes Entities from any claims to the contrary.
If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
Limit one (1) Sweepstakes entry per person/email address for the Sweepstakes Period, regardless of method of entry. If you attempt to register or enter more than ONCE using multiple email addresses or identities, all of your entries may be declared null and void, in which event any prize you might have been entitled to will not be awarded to you. Robotic, programmed or any other automated means of online entry are prohibited and may result in disqualification of all such entries from the Sweepstakes. All online entries must be received by January 8, 2013 at 10:00:00 AM CST.
4. TO ENTER THE SWEEPSTAKES DRAW WITHOUT SUBMITTING A SUBMISSION: To enter the Sweepstakes without submitting a Submission, on a 3 x 5 card provide in writing your name, complete address, city, state, zip code, phone number (including area code), date of birth and email address and mail it to: Kleenex Hand Towels Clean Hands Campaign Sweepstakes – Sweepstakes Entry Request, P.O. Box 8554, Big Sandy TX 75755-8554 (Canadian residents: P.O. Box 41064, RPO Markham, Winnipeg MB, R3T 5T1). Your request must be postmarked by January 8, 2013 and received by January 15, 2013. Limit of one (1) Sweepstakes Entry per person/email address throughout the Sweepstakes Period, regardless of method of entry. Entry requests mechanically reproduced or made in any fashion other than as specified herein are void.
5. RANDOM SWEEPSTAKES DRAW: On or about January 18, 2013, an independent judging organization (the Sweepstakes Judges) will randomly draw one (1) entry (the "Potential Sweepstakes Winner") from among all eligible entries received during the Sweepstakes Period. The odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. The Potential Sweepstakes Winner will be eligible to win the Sweepstakes Prize, subject to verification of eligibility and compliance with these Official Rules.
6. SWEEPSTAKES PRIZE (1 AVAILABLE): There is one (1) Sweepstakes Prize available to be won, consisting of one (1) $10,000 Bathroom Makeover, to be awarded in the form of a check in the currency of the winner's country of residence. Approximate retail value of the prize: USD $10,000.00 (CAD $10,000.00).
Prize is not transferable, except as stated herein, and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion.
All federal, state/provincial and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are the Winner's responsibility, regardless of whether prize is used in whole or in part. All prize details are at the Sponsor's sole discretion. Winner may be issued an IRS 1099 form for prizes over $600.
7. HOW TO CLAIM YOUR PRIZE: (Canadian residents: in order to be eligible to win the prize, Potential Winner must correctly answer, without mechanical aid and/or assistance, a mathematical skill-testing question that will be administered over the phone, at a pre-arranged, mutually convenient time.) Potential Winner will be contacted by phone (using the phone number provided by the Potential Winner during the registration process) for verification. If the prize is won by an entrant who is eligible but still considered a minor in his/her jurisdiction of residence, then the prize will be awarded to a parent or legal guardian of such minor, who must sign and return all required documentation and otherwise comply with all requirements imposed on Winner set forth herein. If a Potential Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, if Sponsor is unable to contact a Potential Winner within a period of five (5) business days, or in the event that a prize notification or prize is returned undeliverable, the prize will be forfeited and, at the Sponsor's sole discretion, prize may be awarded to an alternate Winner. Sponsor's representatives will not leave messages on answering machines. Potential Winner (or parent/legal guardian where applicable) may be required to furnish proof of identification to determine eligibility. Before being declared a Winner, Potential Winner (or parent/legal guardian where applicable), may be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form (for U.S. residents) or a Declaration and Complete Release and Waiver form (for Canadian residents) within ten (10) business days from the time they are postmarked as having been sent by the Sponsor's representative or the prize will be forfeited.
Allow 6-8 weeks for verification and delivery of your prize. Sweepstakes Entities shall not be held responsible for any delays in awarding the prize for any reason outside of their control. The prize will only be delivered to a verified Winner. An unclaimed prize will not be awarded. Sponsor is not responsible for any change of mailing address and/or telephone number of entrants.
By accepting a prize, Winner consents to the use of his/her name, address (city and state/province/territory of residence), voice, and statements relating to the Sweepstakes or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.
CONDITIONS OF ENTRY:
8. By entering, entrants (i) acknowledge compliance with these Official Rules including all eligibility requirements, and (ii) agree to be bound by the decisions of the Sponsor and/or Sweepstakes Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
9. The Sponsor reserves the right to disqualify any entrant's registration in the Sweepstakes (and void all associated entries) or entitlement to a prize, if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
10. In the event of a dispute regarding the identity of an entrant, the entry will be deemed to have been made by the authorized account holder of the email address submitted at the time of registration, and he or she must comply with these Official Rules. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the registered email address.
11. As a condition of entering, entrants (or as applicable, their parents or legal guardians if eligible minors) agree to release Sponsor and Sweepstakes Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize or any travel or activity related thereto.
12. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (JAMS Rules and Procedures) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Wisconsin law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys' fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
13. Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Sweepstakes at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right to select the Winner from among all eligible, non-suspect entries received up to time of such cancellation.
14. Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Sweepstakes Entities are not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Sweepstakes, the processing of entries, the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes. Sweepstakes Entities are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged, postage-due or undelivered mail or entries. Proof of transmission (screenshots, etc.) and/or mailing does not constitute proof of delivery.
15. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and will forfeit any prize(s) won.
16. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
17. In the event of any discrepancies between the English language rules and the non-English language rules, the English rules shall prevail.
18. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Wisconsin without regard to Wisconsin or any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the federal, state and local courts for Neenah, Wisconsin, and any matters or proceedings which are not subject to arbitration as set forth in Section 12 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Wisconsin, in the City of Neenah.
19. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
20. This Sweepstakes is subject to all applicable federal, state/provincial/territorial, and municipal laws.
21. This Sweepstakes is sponsored by Kimberly-Clark Global Sales, LLC, 2100 Winchester Road, Neenah, WI 54956 AND Kimberly-Clark Inc., 50 Burnhamthorpe Road West, Mississauga, ON L5B 3C2 (collectively, the "Sponsor").
22. For a winners list (available after February 15, 2013), send a self-addressed postage stamped envelope to: "Kleenex Hand Towels Clean Hands Campaign Sweepstakes, Winners List", P.O. Box 8554, Big Sandy TX 75755-8554 (Canadian residents: P.O. Box 41064, RPO Markham, Winnipeg MB, R3T 5T1).
All requests for a winners list must be received by February 15, 2013. Winners list will be sent after the prizes have been awarded.