1. Contest Period: Starting September 1, 2011 at 12:00:00 (12:00:00 PM) Central Time (CT) and ending October 31, 2011 at 16:59:59 (4:59:59 PM) CT (the "Contest Period").
1. Eligibility: To enter and be eligible to win, you must (a) be a legal resident of the 50 United States, or Washington, D.C., (b) be 18 years of age or older, and (c) have a valid email address. Persons in any of the following categories are NOT eligible to participate or win prizes: i) any person who, at any time on or after September 1, 2011, was or is a director, officer, or employee of Kimberly-Clark Global Sales, LLC, or its parent, subsidiaries, franchisees, agents, suppliers or service agencies; (ii) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest (collectively with the entities in 2(i), the "Contest Entities"), and (iii) 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 Contest Period, whether related or not) as any person in any of the preceding categories.
1. How To Enter: Visit the Contest page at www.vivatowels.com/mikeroweworks (the "Website"). To enter, follow the instructions to register, read and accept these Official Rules and then upload a short mandatory paragraph (up to 250 words), in English, nominating a skilled trade worker that you know personally and you think has the toughest job (a "Nominee"), explaining why you think he or she has the toughest job ("Paragraph"). You will also have the option to upload a video clip ("Video Clip") or a picture ("Picture") of the Nominee (Paragraph and Video Clip or Picture, collectively a "Nomination") (see Rule #4 for Submission Requirements and Rule #5 for Judging Criteria). A nomination should include name, email address and/or phone number of Nominee. You cannot nominate yourself. Please note: your Nominee will have to meet all eligibility requirements described in Rule #2 above. Limit of one (1) registration and one (1) unique Nomination per person/per email address. If it is discovered that you have registered or attempted to register more than ONCE or have attempted to register multiple times using multiple identities or email addresses, all of your Nominations will be declared null and void, and any prize you might have been entitled to will not be awarded. After successfully registering and submitting your Nomination in the Contest, your Nominee will be contacted by email (using the email address you provided with your Nomination) and they will have to accept your Nomination (and also accept and agree with these Official Rules) before your Nomination is deemed ready for screening by the Sponsor or its agents for eligibility. If your Nomination is approved by the Sponsor or its agents, you will earn one (1) entry into the random Sweepstakes draws for Nominators (a "Sweepstakes Entry") which shall be deemed part of the Contest.
Video Clips must comply with the following requirements for format, size and duration in order to be considered: Format: avi, mpeg, mov, wmv, mp4, mpg, H264; Maximum Size: 50 megabytes; Maximum Length: 30 seconds.ÊPictures must comply with the following requirements for format and size in order to be considered: Formats: .gif, .jpg, .jpeg, .png; Maximum Size: 4 megabytes. Each Nomination will be screened by the Sponsor or its agents for eligibility (see Submission Requirements below) before being posted on the Website. Nominations that do not meet the Submission Requirements or were declined by the Nominee will not be posted and will be automatically disqualified in the sole discretion of the Sponsor, and you will not receive a Sweepstakes Entry. Nominations become the property of Sponsor and will not be returned.
There will be three (3) parts to the Contest: Nominations may be uploaded during the Contest Period (from September 1, 2011 at 9:00:00 AM CT to October 31, 2011 at 4:59:59 PM CT); between November 1, 2011 and November 30, 2011 (the "Judging Period") the judging of all eligible Nominations will be conducted (see Rule #5 for details); and on or about December 5, 2011 (the "Sweepstakes Draws") the random Sweepstakes Draws will be done for all Nominators.
Nominators (by submitting a Nomination) and Nominees (by accepting such Nomination) agree to indemnify and hold Contest Entities (as defined in Rule #2) from and against any and all claims, demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Contest Entities, or any of them, arising out of or in connection with the participation by the Nominators and Nominees in this Contest, any breach by the Nominators or the Nominees of the foregoing warranties or agreements or the use, in whole or in part, by any Contest Entity of any Nomination (or portion thereof) submitted by the Nominators (and accepted by the Nominees) in this Contest. By submitting a Nomination, Nominators agree that their submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose the Video Clip/Picture and the ideas contained in the Video Clip/Picture on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Nominators. Nominators and Nominees acknowledge that, by acceptance of a Nomination, 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 Nominators or Nominees. By submitting a Nomination, Nominators warrant and represent that it: (a) is their original work, (b) has not been previously published/broadcast, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) and that publication of the Video Clip/Picture/Paragraph via various media including Web posting, will not infringe on the rights of any third party rights. Any such Nominator (and their Nominee) will indemnify and hold harmless Sponsor and Contest Entities from any claims to the contrary. Any Nominator whose work includes likenesses of third parties or contains elements not owned by the Nominator (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor's use of such Nomination, in a form satisfactory to administrator, upon request, prior to award of prize.
Submission Requirements:
The following guidelines set by the Sponsor should be followed for each Nomination:
(i) Only one (1) Nominee may be included in the Nomination;
(ii) The Nomination must be suitable for a family audience and contain only content that, in the sole and unfettered discretion of Sponsor, is suitable for a general audience;
(iii) The Nomination cannot be sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; or contain frontal nudity or any inappropriate content; or be obscene or offensive, defamatory, libelous, threatening, harassing, or endorse any form of hate or hate group;
(iv) The Nomination cannot show or promote cruelty, harm, abuse or exploitation;
(v) The Nomination cannot promote alcohol, illegal drugs, depict gambling references or tobacco use, firearms/weapons (or the use of any of the foregoing), or any particular political agenda or message;
(vi) The Nomination cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products or other people, products or companies, or communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate, or (in the sole discretion of Sponsor) advertise or promote any brand or product of any kind other than the Sponsor's, including, but not limited to, any of Sponsor's competitors, or contain any personal identification, such as personal names, e-mail addresses or street addresses;
(vii) The Nomination cannot contain trademarks, logos, copyrighted works, trade dress (such as distinctive packaging or building exteriors/interiors) or any intellectual property owned by others (including but not limited to music, photographs, sculptures, paintings and other works of art or images, published on or in websites, television, movies or other media) other than as owned by entrant or than as authorized by Sponsor for use by entrants in connection with this Contest;
(viii) The Nomination cannot contain materials embodying the likenesses, voices or other indicia identifying any other person, living or dead, unless you have express permission from that person to use their likeness and performance in connection with this Contest;
(ix) The Nomination cannot violate or depict any violation of any law or otherwise be inappropriate; all as determined by Sponsor in its sole discretion.
EACH NOMINATOR WARRANTS TO THE CONTEST ENTITIES THAT HIS OR HER NOMINATION DOES NOT CONTRAVENE OR INFRINGE ON ANYONE ELSE'S COPYRIGHT OR OTHER INTELLECTUAL PROPERTY, MORAL RIGHTS, PRIVACY OR PUBLICITY RIGHTS
JUDGING PERIOD & CRITERIA: From November 1, 2011 to November 30, 2011, an independent qualified judging organization ("Contest Judges") will judge all eligible Nominations received during the Contest Period based on Criteria below and select one (1) Nominee and their Nominator (Collectively "Potential Grand Prize Winners"). All Nominations will be judged based on the following criteria: Degree of Toughness of Tough Job (60%); Originality of Nomination (40%). An additional "tie-breaking" Contest Judge will break any eventual ties, based on the criteria listed herein. The Contest Judges' decisions shall be final and binding.
Potential Grand Prize Winners will each be eligible to win, subject to verification and compliance with these Official Rules, one (1) of the Contest Grand Prizes (see Rule #7 for details).
RANDOM SWEEPSTAKES DRAWS: On or about December 5, 2011 at approximately 10:00:00 AM CT, the Contest Judges will randomly draw three (3) Sweepstakes Entries (as defined in rule #3) from among all eligible Sweepstakes Entries received (each a "Potential Sweepstakes Prize Winner" and, if verified, "Sweepstakes Prize Winner"). Odds of winning a Sweepstakes Prize will depend on the total number of eligible Sweepstakes Entries received during the Contest Period.
ALL NOMINATIONS ARE SUBJECT TO VERIFICATION BY CONTEST ENTITIES AT ANY TIME DURING THE CONTEST PERIOD (IN THE SOLE DISCRETION OF SPONSOR), AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE NOMINATOR OR NOMINEE MAY BE CONFIRMED AS A WINNER OF ANY PRIZE.
Prizes: Limit: one (1) prize per person. At the outset of the Contest, the prizes available to be won are:
Contest Grand Prizes (2 available - 1 for the Winning Nominator and 1 for the Winning Nominee): One (1) trip for two (2) to San Francisco, CA and an opportunity to meet Mike Rowe (subject to his availability - if for reasons beyond the Sponsor's control Mike Rowe is not able to attend, Sponsor will offer the applicable winner signed photograph and a personal video message from Mike Rowe). Sponsor will use its best efforts to arrange the meeting with Mike Rowe according to the agreed-upon schedule, but will not be held liable if circumstances outside of the Contest Sponsors' control result in Mike Rowe not being available. Grand Prize consists of round-trip coach air transportation for two (2) from a major airport closest to the winner's home within the U.S., (airport, carrier and airline ticket class selected at the sole discretion of Sponsor), one (1) double occupancy standard accommodation for two (2) nights, round trip airport/hotel transfers and $450 spending money (in the form of a check), for the winner only. All other expenses not specifically mentioned herein, including meals, gratuities, travel documents, taxes & fees, personal expenses and all other expenses not specified herein are the sole responsibility of the winner. No responsibility is assumed by Sponsor for canceled, delayed, suspended or rescheduled events after ticketing of prize for any reason whatsoever beyond its control. Transportation and accommodations subject to availability, blackout periods, government restrictions and regulations, hotel, airline, airport or other transportation restrictions and regulations. Other restrictions may apply. Air travel must be booked and taken between December 1, 2011 and November 30, 2012. Winner and guest must have all necessary identification and/or travel documents (e.g. a valid drivers' license) required for travel. Approximate Retail Value (ARV): $5,000.00 USD each, depending on winner's point of departure and airfare fluctuations. Winner and travel guest must travel on same itinerary. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner's parent or legal guardian. If winner's guest is a minor, he/she must be accompanied by parent or legal guardian who must sign and return all required documentation. Guest and winner must sign and return a release of liability/publicity prior to ticketing of prize. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor's parent or legal guardian.
Sweepstakes Prizes (3 available): One (1) $500.00 Walmart Gift Card. Subject to terms and conditions thereon.
Total approximate retail value of prizes available to be won: USD $11,500.00. Winners acknowledge that Contest Entities have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers' terms therefore, and Winners agree to look solely to such manufacturers for any such warranty and/or guarantee.
Prizes are not transferable or redeemable for cash 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) of comparable or greater value, at its sole discretion. All federal, state, 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 each Winner's responsibility. Grand Prize winners may be issued an IRS 1099 form for value of prize. All prize details are at the Sponsor's sole discretion.
How to Claim Your Prize: Sweepstakes Prizes: Potential Sweepstakes Prize winners will be notified by email or phone on or about December 6, 2011.
Sweepstakes Prize Winners may also be subject to a background check, as determined by the Sponsor in its sole discretion; if the results of the background check are not satisfactory to Sponsor in its sole discretion, the Potential Sweepstakes Prize Winner may be disqualified and an alternate Potential Sweepstakes Prize Winner may be notified. Each Potential Sweepstakes Prize Winner may be required to provide proof (to Sponsor's satisfaction) that he/she owns all rights to the Entry. Failure to comply with any of these requirements may, at Sponsor's sole discretion, result in disqualification and an alternate Potential Sweepstakes Prize Winner may be notified. All Sweepstakes Prizes will be mailed to each verified Winner's address as provided in the registration form. Grand Prizes: The Potential Grand Prize Winners will be contacted by phone, mail or email with instructions on how to claim the prize. Prizes won by an entrant who is eligible but still considered a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on Winners set forth herein. Potential Grand Prize Winners may also be subject to a background check, as determined by the Sponsor in its sole discretion; if the results of the background check are not satisfactory to Sponsor in its sole discretion, the Potential Grand Prize Winner may be disqualified and an alternate Potential Grand Prize Winner may be notified. If a Potential Grand Prize Winner or a Potential Sweepstakes Prize Winner (collectively "Potential Winner") is found to be ineligible, or not in compliance with these Official Rules, declines to accept a prize, if Sponsor is unable to contact a Potential Winner within a reasonable period, 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. Forfeiture of a Grand Prize by a Nominator will not automatically forfeit the Grand Prize won by its Nominee, or vice versa. Potential Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification. Before being declared a Grand Prize Winner, Potential Grand Prize Winner (or parent/legal guardian where applicable), will be required to execute and return an Affidavit of Eligibility/Liability & Publicity Release and a W9 form within ten (10) business days from the time it is postmarked as having been sent by the Sponsor or its representative, or the Grand Prize will be forfeited.
Allow 6 to 8 weeks for verification and shipment of your prize after verification. Contest Entities shall not be held responsible for any delays in awarding prizes for any reason outside of their control. Prizes will only be delivered to verified Winners.
By accepting a prize, each Winner consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Contest or Sponsor, and video clips, 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 including but not limited to VIVA¨ Brand Facebook Fan Page and YouTube or hereinafter developed without territorial or time limitation, except where prohibited by law.
Conditions of Entry:
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 Contest Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Contest. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
Sponsor is not responsible for late, lost, illegible or incomplete submissions. Proof of transmission Screenshots or captures does not constitute proof of delivery. All entries/submissions become the property of Sponsor.
The Sponsor reserves the right to disqualify any entrant's registration in the Contest (and void all associated Nominations) 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 Contest 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).
If a dispute arises regarding who submitted an online Nomination, the Nomination will be deemed to be submitted by the authorized account holder of the email address provided at time of entry and he/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 provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
As a condition of entering, Nominators and Nominees (or their parents or legal guardians if eligible minors) agree (and agree to confirm in writing): (a) to release Contest Entities from any and all liability, loss or damage incurred with respect to participating in the Contest or the awarding, receipt, possession, and/or use or misuse of any prize or any travel related thereto, (b) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys' fees and court costs.
BY ACCEPTING GRAND PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT CONTEST ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
Contest operation:
Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Contest 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 Contest. In the event of cancellation, Sponsor reserves the right to select the Winners from among all eligible, non-suspect entries received up to time of such cancellation.
Contest Entities do not warrant that access to the Contest will be uninterrupted. Contest 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, Web sites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; 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 Contest, the processing of mail or 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 Contest, 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 Contest; or (f) damage to a user's system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
Disclosures:
Any attempt by an entrant or other individual, to deliberately damage any website or undermine the legitimate operation of this Contest, 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.
In the event the Contest Judges' analysis reveals valid prize claims are greater than the number of prizes available as set forth in these Official Rules, then Sponsor reserves the right to conduct a random drawing amongst all eligible prize claimants whose claims have not yet been redeemed, to award the remaining number of advertised prizes in the prize category in question. Prizes will stop being awarded in the event Sponsor becomes aware of an error respecting the number of prizes. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.
In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.
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 Contest, 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 courts located in Neenah, Wisconsin.
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.
This Contest is solely sponsored by Kimberly-Clark Global Sales, LLC, 2100 Winchester Road, Neenah, WI 54956 (the "Sponsor").
For a list of the Winners, send a self-addressed postage stamped envelope to: "VIVA¨ Brand Tough Jobs Contest - Winners List", P.O. BOX 8543, Big Sandy, Texas, 75755-8543, to be received by December 30, 2011. Winners list will be sent after all prizes have been awarded.
To review our privacy policy, please visit our web site at http://www.kimberly-clark.com/privacypolicy.aspx to see how we use personal information obtained in connection with this Contest.
