2014 CLIF KID BACKYARD GAME OF THE YEAR CONTEST
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
CONTEST DESCRIPTION: Clif Bar & Company (“Sponsor”) is proud to announce the return of the CLIF Kid Backyard Game of the Year Contest. NEW this year, if Sponsor determines that an Entry meets the Game Criteria the Game will be featured on the Contest Website for viewing and playing by the general public prior to the Voting Period. Three (3) Finalists will be selected by the Sponsor with the Grand Prize Winner being selected by the public through votes generated on the CLIF Kid Facebook Page. The 2014 contest rules are below (“Official Rules”) and can be found at clifkidbackyardgame.com (“Contest Website”).
1. ENTRY PERIOD: The 2014 CLIF KID BACKYARD GAME OF THE YEAR CONTEST (the “Contest”), begins on May 12, 2014 at 9:01:00 a.m. Pacific Time (“PDT”) and ends on July 3, 2014, at 9:00:00 a.m. PDT (the “Entry Period”). All Entries must be received and recorded by Sponsor within the Entry Period to be eligible to win. Sponsor’s computer is the official clock for this Contest.
2. ELIGIBILITY: To be eligible to enter the Contest, an Entrant must: (a) be at least 18 years or older at the time of Entry (except residents of Alabama and Nebraska, who must be 19 years of age or older); (b) a U.S. citizen or legal resident of the 50 United States or Washington D.C (“Eligibility Area”); (c) submit a Game entry (as defined in Section 3) on behalf of a child between the ages of 6-12 (“Qualifying Child”); (d) must be a parent or legal guardian of the Qualifying Child and agree to be found by these Official Rules. Entrants must have internet access at the time of entry to participate in the Contest. Employees, officers, agents, directors, consultants, independent contractors, interns, (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 its respective affiliates, subsidiaries, distributors, sales representatives, advertising and promotion agencies (collectively “Contest Entities”) are not eligible to win any prize. Contest is subject to all federal, state and local laws and regulations. Any violation of these Official Rules may result in disqualification. Sponsor may amend and modify these Official Rules or cancel this Contest at any time in its sole discretion without prior notice and liability. No joint entries are permitted; a single individual must be identified as the Entrant submitting an Entry and a single Qualifying Child as the creator of the Game. Finalists and Winners of the 2011, 2012 and the 2013 CLIF Kid Backyard Game of the Year Contest (and members of their immediate families and/or any persons living in the same household) cannot be involved with an Entry submitted by an Entrant and are not eligible to participate in the Contest. Any entrant who submitted an entry for the 2011, 2012 or 2013 Backyard Game Contest but was not selected as a Finalist or Winner may resubmit his/her kid’s Game (updated or refined, as appropriate) or submit an entirely new Entry. Contest is void outside of the Eligibility Area and where prohibited by law.
3. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest visit clifkidbackyardgame.com during the Entry Period and follow the instructions that appear on the entry form and submit an “Entry” which includes (a) submitting a game idea created by a Qualifying Child, including instructions on how to play the game (collectively “Game”) and (b) completing all of the information on the Entry form, which must include name, address, phone number, and email address of the Entrant. The Game must meet the “Game Criteria,” described in Section 4, otherwise the Entry will disqualified and will not be eligible for a prize nor will it be featured on the Contest Website.
Any elements that are incorporated into the Game by the Qualifying Child, including, without limitation, instructions and concepts (“Elements”) must be entirely original, created by the Qualifying Child or be in the public domain. Use of any Elements that are not original or in the public domain may result in disqualification of an Entry in the Contest, as determined by Sponsor in its sole discretion. Entries must be in English. Entries that do not include all required information and do not adhere to these Official Rules will be considered void and will not be considered in the judging of this Contest. Entries that are deemed by Sponsor in its sole discretion to be inappropriate, indecent, unfit for publication, offensive, obscene, profane, promote violence or not in keeping with Sponsor's image will be disqualified. The Entry must not depict or advocate violence, dangerous stunts, illegal conduct, consumption of alcohol beverages, use of firearms, hate speech or other racist content. Entries will be disqualified if they are late and/or incomplete. Entry information becomes the property of Sponsor and will not be returned. Sponsor’s computer will be the official time clock for the Contest. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed or similar methods will be void.
4. GAME CRITERIA: All Game portions of each Entry must meet the additional Game criteria (“Game Criteria”):
5. ENTRANT’S REPRESENTATIONS: By submitting an Entry, Entrant represents and warrants that (a) the Game meets the Game Criteria, (b) the Game is wholly original (c) the Game does not infringe on the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, including any current or former employer, and does not defame any person or identify any person by name other identifying information, (d) the Game has not previously been entered in any other contest, (e) the Game has not been previously published in any medium, (f) the Entry does not violate any law or regulation, (g) the Qualifying Child owns all rights and interests in the Game (including, without limitation, the copyrights in the photographs), (h) you or Qualifying Child are not affiliated with commercial talent unions and (i) you agree to waive any claim for reimbursement for any equipment or materials necessary to submit an Entry regardless of whether or not that Entry is selected for any prize. Sponsor's determination as to whether any Entry potentially violates the rights of any third party is final.
6. DETERMINATION OF FINALISTS: On or about July 7, 2014 Sponsor will judge the Entries from the “Ready-to-Play” pool of entrants that have been approved for display on the Contest Website. The three (3) Entries with the highest score will be deemed the finalists (“Finalists”). The Entrant and the Qualifying Child shall collectively be known as a Finalist. The decisions of Sponsor are final and binding. The Sponsor will judge the Entries according to the following judging criteria:
On or about July 11, 2014, the Sponsor will notify the potential Finalists that they have been selected as Finalists. Potential Finalists will be notified by email at the email address used at the time of entry submission or by telephone at the telephone number stated in the Entry submission. Any such email or phone message will instruct the potential Finalists to respond within seventy-two (72) hours from the time of notification. Each Finalist will be required to sign the Declaration of Eligibility, Authorization to Use Game, Release of Liability and Claims, Indemnity Agreement and other documents Sponsor determines to be necessary (collectively “Required Documents”) within seventy-two (72) hours from issuance by Sponsor, but in no event later than the morning of July 15, 2014 at 9:00:00 a.m. PDT. Finalist may be disqualified by Sponsor, as determined in its sole and absolute discretion if (a) any Required Documents are not completed and returned within the required time period; (b) Entrant fails to comply with any of the terms of these Official Rules, or (d) if any notification is returned as undeliverable. In the event of disqualification of a Finalist and assuming there is sufficient time available for notification and verification, Sponsor, in its sole and absolute discretion may select an alternate Finalist from among the remaining eligible entries, pending verification of eligibility.
7. FINALIST FACEBOOK VOTING PERIOD: On July 21, 2014, Sponsor will announce the Finalists on the Sponsor’s Facebook Page at https://www.facebook.com/clifkid (“Facebook Page”). From July 21, 2014 at 10:00:00 a.m. PT to July 28, 2014 5:00:00 p.m. PT (“Voting Period”), users of the Facebook Page will have an opportunity to vote for their favorite Finalist Game. The Finalist Game with the highest number of votes during the Voting Period will be deemed the potential Grand Prize winner of the Contest (“Grand Prize Winner”). One vote per IP address per day allowed.
8. PRIZES: Grand Prize: One (1) Grand Prize will be awarded consisting of: (i) a $10,000 Scholarship in the form of a check from Sponsor, (ii) a $3500 prepaid credit card for the use by the Grand Prize winner for a Block Party celebration to be hosted by the Grand Prize winner, (iii) a kids bike and (iv) a kids helmet. Total Grand Prize ARV is $13,950.
Runner-Up Prizes: The two (2) Finalists not chosen as the Grand Prize Winner will receive (i) a $1,000 Scholarship each, in the form of a check from Sponsor, (ii) a kids bike and (iii) a kids helmet. Total Runner-Up Prize ARV is $1,450.
Prizes will be distributed within three (3) months following the announcement of the Grand Prize Winner on the Facebook Page. Grand Prize Winner and Runner-Ups are hereinafter referred to as “Winners.”
ARV of all prizes is $16,850
Limit one (1) prize per Qualifying Child.
9. ADDITIONAL PRIZE RESTRICTIONS: Any prize details and restrictions not specified above will be determined by Sponsor in its sole discretion. Any costs and expenses not specifically described herein as part of a prize are the sole responsibility of the Winners. Prizes are non-transferable; no substitutions or cash awards allowed, except at the discretion of Sponsor in which case a prize of equal or greater value will be awarded. 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. Winners may be required to return an IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes 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. Grand Prize Winner will be solely responsible for coordinating all matters related to the Block Party. Sponsor will only be responsible for providing the the prepaid credit card.
10. SPONSOR’S RIGHTS TO ENTRIES: Entries (including but not limed to the “Game”) and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, you, on behalf of yourself and the Qualifying Child grant, Sponsor and their affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Game (with or without using your name) in any media now known or hereinafter devised throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry you on behalf of yourself and the Qualifying Child forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the Game that may preclude Sponsor’s use of the Game, or require your permission for the Sponsor to use the Game. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that any use of the Game, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that the Sponsor is in no way obligated to broadcast, publish or use your Game in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
11. CODE OF CONDUCT: Each Finalist will be held to the code of conduct described herein at all times while participating in the Contest, Facebook Voting Period or related activity. Failure to adhere to the code of conduct, in Sponsor's sole discretion, may result in immediate disqualification (including loss of winner status and forfeiture of prizes).
(a) Sportsmanship: Finalists must conduct themselves in a reasonable and sportsmanlike manner, maintaining a friendly and polite demeanor during participation in the Contest, Voting Period or other related activity. Finalists must refrain from the use of vulgar language or gestures, including harassment and threats. Finalists must not engage in fighting or any threatening action or threatening language during the Contest, Voting Period or other related activity.
(b) No Gambling: Gambling, including betting on the outcome of the Contest, Voting Period or related activity, is prohibited.
(c) Finalists must not be in violation of any Federal, state, or local law during the Contest, Voting Period or other related activity.
12. GOVERNING LAW: To the fullest extent permitted by law, Entrant agrees on behalf of themselves and Qualifying Child: (1) any and all disputes, claims and 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 exclusively by the courts in the County of Alameda, State of California, (2) TO WAIVE THEIR RIGHT TO A TRIAL BY JURY AND WAIVE ANY CLAIM THAT SUCH COURTS ARE AN INCONVENIENT FORUM FOR RESOLVING SUCH DISPUTE/CLAIM/CAUSE OF ACTION and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest 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 California.
14. GENERAL: Contest 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. Contest 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 Contest. Although Sponsor attempts to ensure the integrity of the Contest, Contest Entities are not responsible for the actions of entrants or other individuals in connection with the Contest, including Entrants, Qualifying Child or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Contest Entities are not responsible for injury or damage to Entrants or to any other person's computer(s), wireless devices, other equipment or person(s), related to or resulting from participation in the Contest or downloading materials from or using any website. In the event of any conflict between any Contest details contained in these Official Rules and Contest details contained in any Contest advertising materials, the details of the Contest as set forth in these Official Rules shall prevail. If, for any reason, the Contest 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 Contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Contest, 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 an eligible 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.
15. RELEASE AND INDEMNIFICATION: BY ENTERING THE CONTEST, ENTRANTS ON BEHALF OF THEMSELVES AND QUALIFYING CHILD FOREVER AND IRREVOCABLY RELEASE, INDEMNIFY AND HOLD THE CONTEST 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 CONTEST, OR RESULTING DIRECTLY OR INDIRECTLY FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, 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.
16. 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, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. 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 NON-INFRINGEMENT.
17. RIGHTS OF PUBLICITY: By entering this Contest, unless prohibited by law, each potential Finalist and Grand Prize Winner consents to use of his/her respective name, voice, photograph and/or likeness for advertising or publicity purposes for this and similar promotions without compensation, and may be required to provide a signed release acknowledging such consent. Moreover, by entering this Contest, unless prohibited by law, each potential prize winner agrees to grant to Sponsors and its licensees, affiliates and assigns, the right to print, publish, broadcast and use worldwide in any media now known or hereafter developed, including without limitation the World Wide Web, at any time or times, the prize winner’s respective name, likeness (actual or simulated), voice (actual or simulated) and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further, without such additional compensation, appear for or provide biographical information for use in any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion.
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: To receive the name, city and state of the winners, send a self-addressed, stamped envelope to: Sponsor Clif Kid Backyard Game Contest Official Rules, 1451 66th Street, Emeryville, CA 94608. Requests must be received by September 27, 2014. VT residents may omit return postage.
(d) Rules Requests: To receive a copy of these Official Rules, send a self-addressed, stamped envelope to: Sponsor Clif Kid Backyard Game Contest Official Rules, 1451 66th Street, Emeryville, CA 94608. Requests must be received by September 27, 2014. VT residents may omit return postage. Rules may also be found online during the Entry Period at clifkidbackyardgame.com
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