CONTEST AND PROMOTIONAL POLICY
THE #YESTOLUNA REGRAM SWEEPSTAKES (“SWEEPSTAKES”) IS VOID OUTSIDE OF THE UNITED STATES AND WHERE PROHIBITED BY LAW. THESE OFFICIAL RULES (“RULES”) ARE A
LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) AND
GOVERN YOUR ENTRY IN THE SWEEPSTAKES.
OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND DISTRICT OF
COLUMBIA, WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. THE
SWEEPSTAKES IS GOVERNED BY U.S. LAW. DO
NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES.
THE #yestoLUNA REGRAM SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER
A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SWEEPSTAKES PERIOD: The
#yestoLUNA regram Sweepstakes (the “Sweepstakes”), sponsored by Clif Bar &
Company and Yes To (collectively “Sponsor”), begins on November 7, 2014 at
12:00:01 am Pacific Time (“PT”) and ends on November 8, 2014 at 11:59:59 p.m.
PT (the “Sweepstakes Period”).
2. ELIGIBILITY: This Sweepstakes is open
to legal residents of the 50 contiguous United States and Washington D.C (the
“Eligibility Area”) who are at least 18 years of age or older at the date of
Entry. Employees, officers, directors and agents (and their immediate
families and household members regardless of where they live, or members of the
same households [whether related or not]) of Sponsor and their parents,
divisions, affiliates, subsidiaries, agents, promotional partners,
advertising/promotion agencies, event staff, and prize suppliers (collectively
“Sweepstakes Entities”) are not eligible to participate in the Sweepstakes or
to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR
RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. TO ENTER: To enter the
Sweepstakes, entrant must (i) regram the photo posted by Sponsors’
Instagram page on November 7, 2014 and (ii) tag with the #yestoLUNA
hashtag. YOU MUST USE THE HASHTAG #yestoLUNA WHEN POSTING OR TWEETING THE
PHOTO. DELAYED HASHTAGS OR PHOTOS POSTED BEFORE OR AFTER THE SWEEPSTAKES PERIOD
WILL NOT BE CONSIDERED VALID.
Entries will be disqualified if they are
late, incomplete and/or in excess of the stated entry limits. In the event of a
dispute as to any online entry, the authorized account holder of the email
address associated with the entry, at time of entry, will be deemed to be the
entrant. The "authorized account holder" is the natural person
assigned to the email address by the email provider. Potential winners may be
required to show proof of being the authorized account holder.
4. SELECTION OF WINNERS:
Sponsor will randomly select five (5) potential winners from among
all the eligible entries received during the Sweepstakes Period.
All entries must be received during the Sweepstakes Period to be
eligible. Potential winners will be notified approximately two (2) days
after the drawing. Winners will be notified via a comment under the post used
to enter the Sweepstakes. Failure to respond to the initial verification
contact within two (2) days of notification or return of notification as
undeliverable after two (2) attempts may, in Sponsor’s sole direction, result
in disqualification. Odd of winning a prize depend on the number of
eligible entries received during the Sweepstakes Entry Period.
5. PRIZE: Five (5) winners will receive
all the products featured in the Photo. The approximate retail value
(“ARV”) of each prize is $50. Additional requirements may apply. No prize
transfer. If any element of the prizes is cancelled or postponed the remaining
portion of the prizes will be awarded as complete and final, and no substitute
compensation will be offered.
The total ARV of all prizes is $250.
A limit of one (1) prize per household
6. ADDITIONAL PRIZE RESTRICTIONS: Any
prize details and restrictions not specified above will be determined by
Sponsor in its sole discretion. All taxes (including without limitation
federal, state and local taxes) in connection with a prize, and the reporting
consequence thereof, are the sole responsibility of the winners. The winner may
be required to return an IRS W-9 form within the time period specified by
Sponsor, and the winner may receive an IRS Form 1099 issued in his/her name for
the actual value of prize received. Sponsor makes no representations regarding
the tax liability associated with any prize, and winners are advised to seek
counsel regarding any tax liabilities associated with their prize. To claim the
prize, the potential winner may be required to complete a notarized affidavit
of eligibility (provide proof of winner’s age, residency and legal status), a
liability release and (where legal) a publicity release, which must be returned
within the time period specified by Sponsor. Winner may be
disqualified at Sponsor’s sole discretion if: (a) any required documents are
not completed and returned within the required time period; (b) potential
winner fails to comply with any of the terms of these Official Rules, or (c) if
any prize or prize notification is returned as undeliverable. In the event of
disqualification of a winner, assuming there is sufficient time available for
winner notification and verification, at Sponsor’s sole discretion the prize
may be awarded to an alternate winner selected from among the remaining
eligible entries, pending verification of eligibility. No responsibility is
assumed by Sponsor for any incorrect postal address, email address or phone
number associated with an entry, or any change of address, email or phone
number of entrant after entry submission.
7. GENERAL: Sweepstakes Entities and
Internet/wireless access providers are not responsible for incomplete, late,
lost, misdirected or postage-due entries or mail, or for any technical
malfunction, human error, lost/delayed data transmission, omission,
interruption, deletion, defect or line failure in connection with any telephone
network, computer equipment, software or any combination thereof. Entries are
void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged,
mechanically reproduced, irregular in any way or otherwise not in compliance
with these Official Rules. Sweepstakes Entities make no warranties, and hereby
disclaim any and all warranties, express or implied, concerning any prize
furnished or made available in connection with the Sweepstakes. Although
Sponsor attempts to ensure the integrity of the Sweepstakes, Sweepstakes
Entities are not responsible for the actions of entrants or other individuals
in connection with the Sweepstakes, including entrants' or other individuals'
attempts to circumvent the Official Rules or otherwise interfere with the
administration, security, fairness, integrity or proper conduct of the
Sweepstakes. Sweepstakes Entities are not responsible for injury or damage to
entrant's or to any other person's computer(s), wireless devices, other
equipment or person(s), related to or resulting from participation in the
Sweepstakes or downloading materials from or using any website. In the event of
any conflict between any Sweepstakes details contained in these Official Rules
and Sweepstakes details contained in any Sweepstakes advertising materials, the
details of the Sweepstakes as set forth in these Official Rules shall prevail.
If, for any reason, the Sweepstakes is not capable of running as planned by
reason of damage by computer virus, worms, bugs, tampering, unauthorized
intervention, fraud, technical limitations or failures, by reason of any acts
of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather,
strikes or legal disputes (whether legal or illegal), industry conditions,
bankruptcy or liquidation, marketplace demands, applicable law, unforeseen
obstacles or any other causes which, in the sole opinion of Sponsor, could
corrupt, compromise, undermine or otherwise affect the administration,
security, fairness, integrity, viability or proper conduct of the Sweepstakes,
Sponsor reserves the right in its sole and absolute discretion to cancel,
terminate, modify or suspend all or any part of the Sweepstakes, and to select
winners from among all eligible entries received up to the time of such
cancellation, termination, modification or suspension, as applicable, or to
proceed in such a manner as may be deemed fair and equitable by Sponsor in its
sole discretion. Screen shots or any other evidence of entry submission will not
be deemed receipt of any such entry. Entry must be made by the entrant and via
the means described above in Section 3 only. You are not a winner until your
entry has been verified and you have complied with these Official Rules.
8. RIGHTS OF PUBLICITY: Except where prohibited, participation in the
Sweepstakes constitutes winner’s consent to Sponsor’s use of winner’s name,
likeness, photograph, voice, opinions and/or hometown and state for
promotional, advertising and publicity purposes in any media no known or
hereinafter devised,, worldwide, without further payment or consideration.
9. CONDUCT: BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS: (A)
FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL
DECISIONS OF SPONSOR (WHICH DECISIONS SHALL BE FINAL AND BINDING IN ALL
RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY,
WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL RULES; (B)
REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION
WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND (C) AGREE TO COMPLY
WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. SPONSOR RESERVES THE
RIGHT, AT ANY TIME AND AT ITS SOLE DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE
TO PARTICIPATE IN THIS SWEEPSTAKES OR ANY FUTURE SPONSOR PROMOTIONS, ANY
INDIVIDUAL IT SUSPECTS: (A) TO BE TAMPERING WITH THE ENTRY PROCESS OR THE
OPERATION OF THE SWEEPSTAKES OR ANY WEBSITE; (B) TO BE ACTING IN VIOLATION OF
GUIDELINES; (C) TO BE ACTING IN BAD FAITH OR IN A DISRUPTIVE MANNER, OR WITH
THE INTENT TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON; (D) TO HAVE
FAILED TO AGREE TO THESE OFFICIAL RULES; OR (E) TO BE IN VIOLATION OF THESE
OFFICIAL RULES. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE LEGITIMATE OPERATION OF
THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND
CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS
BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES
AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S)
IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING
WITHOUT LIMITATION CRIMINAL PROSECUTION.
10. RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS FOREVER
AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE SWEEPSTAKES ENTITIES, AND EACH
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SHAREHOLDERS,
SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”) HARMLESS FROM AND AGAINST
ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS AND ACTIONS OF ANY KIND ARISING IN
WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES, ATTENDANCE OR
PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR RESULTING DIRECTLY OR
INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED
IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL
INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY
RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR
SHARING BY SPONSOR OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS, OR
FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE
PRINTING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE.
11. LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF
ANY ACCESS TO AND/OR USE OF ANY WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM ANY WEBSITE, THE REMOVAL FROM ANY WEBSITE OF, OR
DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR ANY HARM RESULTING FROM THE
ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR ATTENDANCE OR PARTICIPATION IN,
ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES. RELEASEES SHALL NOT BE
RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY
ACT OR OMISSIONS WHATSOEVER BY ANY PERSONS OR COMPANIES PROVIDING ANY OF THESE
SERVICES OR ACCOMMODATIONS TO ANY PRIZE WINNER, INCLUDING ANY RESULTS THEREOF
SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME. WITHOUT
LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES AND ALL MATERIALS PROVIDED
ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
12. GOVERNING LAW: Except where
prohibited, each entrant agrees that any and all disputes, claims and causes of
action arising out of, or connected with, the Sweepstakes or any prize awarded
shall be resolved individually, without resort to any form of class action, and
exclusively by the appropriate court located in the State of California. All
issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, entrant’s rights and obligations, or
the rights and obligations of Sponsor in connection with the Sweepstakes, shall
be governed by, and construed in accordance with, the laws of the State of
California, without giving effect to any choice of law or conflict of law rules
(whether of the State of California or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of
(a) Privacy: Information submitted in
connection with the Sweepstakes will be treated in accordance with these
time), currently located at http://www.clifbar.com; provided, that in the event of any
conditions of these Official Rules shall prevail. By entering this Sweepstakes,
you agree that Sponsor may share your personal information with the Sweepstakes
Entities for the purpose of verification and prize fulfillment in the event
that you are chosen as a potential winner.
(b) Severability: Headings: If any
provision of these Official Rules is found to be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable from these
Official Rules and shall not affect the validity and enforceability of any
remaining provisions. Headings and captions are used in these Official Rules
solely for convenience of reference, and shall not be deemed to affect in any
manner the meaning or intent of these Official Rules or any provision hereof.
(c) Winners & Rules Request: To
receive the name, city and state of the winner or a copy of these Official
Rules , send a self-addressed, stamped envelope to: The #yestoLUNA regram
Sweepstakes , c/o Clif Bar & Company, 1451 66th Street, Emeryville, CA
94608. Requests must be received by November 25, 2014. VT residents may
omit return postage. Rules may also be found online during the Sweepstakes
Period at http://www.clifbar.com.
14. NO ENDORSEMENT. This Sweepstakes is in
no way sponsored, endorsed or administered by, or associated with Instagram or
Twitter. Any information you provide in connection with the Sweepstakes
is to the Sweepstakes Entities and not the social media outlet. You understand
that by using and interacting with the social media outlets you are subject to
the terms, conditions, and policies that govern the use of such social media
outlets. You should therefore review the applicable terms and policies
including privacy and data gathering practices, before using or interacting
with the social media outlet.
THE #YESTOMOVEMENT HASHTAG PROJECT OFFICIAL RULES FOR HOLIDAY 2014
THIS CONTEST IS INTENDED FOR PLAY IN AND IS GOVERNED BY THE LAWS OF THE UNITED STATES. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: Open only to legal residents of the 50 United States and the District of Columbia 18 years of age and older. The following are not eligible: employees, contractors, directors and officers of Yes To, Inc. (the “Sponsor”), its parent, subsidiaries and affiliated companies, distributors, web design, advertising, fulfillment, legal, judging and Contest agencies involved in the administration, development, fulfillment and execution of this Contest (collectively, “Contest Parties”), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or “step” of each) and those living in their same households (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest).
CONTEST PERIOD: Contest begins at 10:00:00 am Pacific Time on 11/1/2014 and ends at 11:59:59 pm on 12/30/2014.
HOW TO ENTER:
Entrants must publicly post photo entries using either Instagram or Twitter with the hashtags: #YESTOMOVEMENT and #GIVEYES. In addition, the Entrant must follow Yes To on the platform the photo is posted (either Twitter at twitter.com/yestocarrots and/or Instagram at instagram.com/yestocarrots). Photos must be posted within the Contest Period. Entries posted outside of the Contest Period (either before or after) will not be considered eligible. By entering, the Entrant gives Sponsor the permission to use the photo on yestocarrots.com, facebook.com/yestocarrots, twitter.com/yestocarrots and instagram.com/yestocarrots (collectively “Web Site”).
REQUIREMENTS FOR PHOTO: No photo, title, or description may be obscene, pornographic, violent, cruel, mean spirited, offensive in any manner, or in any other way not suitable to be published. If an entry falls into this category, it will become void. Sponsor reserves the right, in its sole discretion, to reject any inappropriate photos. Entrant must be the owner of the photo, or otherwise have the permission rights to submit the photo for consideration in the Contest, including permission to submit the photo of a minor and any other person(s) featured in the photo. If there is a copyright, trademark or intellectual property infringement or other potential legal problem with the photo, the photo will be disqualified.
JUDGING: Judging will be done by a panel composed of members of the Sponsor, who will collectively select the winner(s) from all eligible entries based on the following criteria in equal measure ("Judging Criteria"): (1) Creativity and Composition; (2) Use of Color; (3) That Certain “Extraordinary” Element; and (4) Relevance in relation to the monthly theme. Decisions of the Judges are final and binding.
Please Note: Entries generated by script, macro, bot, robotic or automatic devices, commercial Contest subscription, entering service sites or any other automated means and entries or votes by any means that subvert the entry process or do not conform to the spirit of these Official Rules will void the entry and/or votes and may disqualify the entrant.
Winner(s) subject to verification. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. Each photo will be judged with no discrimination toward gender, race, or age.
Prize (1 winner): $50 value to yestocarrots.com for themselves and 10 YES TO products to give as gifts for friends too. Approximate Retail Value (ARV) of Prize: $50
LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor or Contest Parties resulting from user’s participation in or attempt to participate in the Contest or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor or Contest Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or internet connectivity or other online communication problems; errors or limitations of any internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestions on the internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. Sponsor and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the entrant thereby releases Sponsor and Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the Contest, and to indemnify and hold Sponsor and Contest Parties harmless from any and all claims, costs, expenses, including but not limited to attorneys’ fees, and damages arising from the posting of the entry or Sponsor’s use of the entry. By accepting a prize in the Contest, Winner(s) agree that the Sponsor and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize.
Winner List Request: For name of the winner(s), email email@example.com after 1/15/2014 requesting the Holiday Hashtag Winner.
Sponsor: Yes To, Inc., 655 4th Street, 2nd Floor, San Francisco, CA 94107
This Contest and Promotional Policy was last updated November, 2014.