“12 Days of CLEAR” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND WASHINGTON D.C., AGE 18 OR OLDER, WHO ARE CURRENT CLEAR INTERNET SERVICE SUBSCRIBERS. VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES.
- ELIGIBILITY: The “12 Days of CLEAR” Sweepstakes (the “Sweepstakes”) is open only to any legal resident of the fifty (50) United States and the District of Columbia who is both (a) eighteen (18) years of age or older as of the date of entry and (b) an active CLEAR internet service subscriber (in good standing) as of December 11, 2012. Employees of Clear Wireless LLC (“Sponsor”), its subsidiaries, affiliates, distributors, and advertising, promotion and internet agencies, and their immediate family and household members, are not eligible. Void where prohibited by law.
- HOW TO ENTER: The entry period for the Sweepstakes begins at 12:00:01 a.m., Pacific Time (“PT”), on December 12, 2012 and ends at 11:59:59 p.m., PT, on December 23, 2012 (the “Entry Period”). No purchase is necessary to enter, or to win a prize in, this Sweepstakes. To enter the Sweepstakes, during the Entry Period, follow @CLEAR on Twitter and send a Tweet that includes an “@CLEAR” mention, the hashtag “#12daysofCLEAR”, and a statement of why you would like to win a prize in the Sweepstakes. Capitalization or lack thereof will not be taken into account in determining whether a Tweet satisfies the entry requirements. Tweets must be original to the entrant (in particular, re-Tweets of another person’s Tweet do not constitute eligible entries into this Sweepstakes) and must not contain any material that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity; must not contain any material that is defamatory, threatening, indecent, obscene or offensive, or that promotes bigotry, racism, hatred, discrimination or harm against any group or individual; must not contain any material that is unlawful, in violation of or contrary to any applicable law or regulation; must not disparage Sponsor, any of Sponsor’s products or services, any of Sponsor’s competitors, or the Sweepstakes itself; must not contain any brand or trademark other than those of Sponsor; and must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public dissemination and/or viewing. There is a limit of one (1) entry per person and per Twitter account during each day of the Entry Period. If an entrant sends more than one #12daysofCLEAR Tweet during a particular day, the entrant will receive only one (1) entry for that day. Tweets must be completed and sent by 11:59:59 p.m. PT on December 23, 2012. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Sweepstakes. Normal time rates, text messaging and/or data rates (as applicable) if any, charged by the entrant’s internet service provider will apply. Sending a Tweet that includes an “@CLEAR” mention and the hashtag “#12daysofCLEAR” indicates acceptance of these Official Rules.
- WINNER SELECTION AND NOTIFICATION: With respect to each of the twelve (12) days of the Entry Period (each such day, a “Prize Day”), one (1) potential prize winner will be selected in a random drawing conducted by Sponsor (or its agent or designee), on approximately the next business day after the particular Prize Day, from among all eligible entries received as of 11:59:59 p.m., PT, on such Prize Day (including all non-winning eligible entries received on any of the prior Prize Days of the Entry Period). Accordingly, the Sweepstakes will feature a total of twelve (12) potential prize winners. There is a limit of one prize per person and per Twitter account. The odds of winning will depend on the number of eligible entries received. Each potential prize winner will be notified in the form of a private message on Twitter directed to the Twitter username used by such potential prize winner, and any potential prize winner may in Sponsor’s discretion be required to complete and return to Sponsor an Affidavit of Eligibility/Release of Liability, and, if legally permissible, a Publicity Release within three (3) days of attempted delivery of same. If a potential prize winner does not respond to the notification within 48 hours, or if any attempted notification or prize delivery is returned as undeliverable, or if a potential prize winner fails to complete and return any required affidavit or release within the specified time period, the potential prize winner may be disqualified and an alternate potential prize winner selected. If a potential prize winner is a minor under the laws of his or her jurisdiction of residency, Sponsor reserves the right in its discretion to award the prize to a parent or legal guardian and/or to require a parent or legal guardian to complete any required Affidavit/Release.
- PRIZES: The specific prize to be offered with respect to each Prize Day is as follows: Prize Day One: A credit in the amount of Five Dollars ($5.00) toward the service charges on the winner’s CLEAR bill. The approximate retail value (“ARV”) of this prize is Five Dollars ($5.00). Prize Day Two: A credit in the amount of Five Dollars ($5.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Five Dollars ($5.00). Prize Day Three: A credit in the amount of Ten Dollars ($10.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Ten Dollars ($10.00). Prize Day Four: A credit in the amount of Five Dollars ($5.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Five Dollars ($5.00). Prize Day Five: A CLEAR Stick Atlas mobile broadband USB device. The ARV of this prize is Thirty-Nine Dollars and Ninety-Nine Cents ($39.99). Prize Day Six: A credit in the amount of Ten Dollars ($10.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Ten Dollars ($10.00). Prize Day Seven: A credit in the amount of Five Dollars ($5.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Five Dollars ($5.00). Prize Day Eight: A credit in the amount of Ten Dollars ($10.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Ten Dollars ($10.00). Prize Day Nine: A credit in an amount up to Forty-Nine Dollars and Ninety-Nine Cents ($49.99) toward the next monthly service session charge appearing on a CLEAR bill subsequently to be issued to the winner. The ARV of this prize is Forty-Nine Dollars and Ninety-Nine Cents ($49.99). Prize Day Ten: A credit in the amount of Ten Dollars ($10.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Ten Dollars ($10.00). Prize Day Eleven: A credit in the amount of Five Dollars ($5.00) toward the service charges on the winner’s CLEAR bill. The ARV of this prize is Five Dollars ($5.00). Prize Day Twelve: A CLEAR Spot® Voyager hotspot device. The ARV of this prize is Forty-Nine Dollars and Ninety-Nine Cents ($49.99). General Prize Terms and Conditions. The total ARV of all prizes is Two Hundred Four Dollars and Ninety-Seven Cents ($204.97). The prompt reporting and prompt payment of all federal, state, local taxes on prize value, if applicable, are the responsibility solely of each prize winner. An IRS form 1099 will be issued if required by law. The prizes will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the sole discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value for any of the above-described prizes. Prizes consist solely of those things expressly specified in these Official Rules as being part of the prize (e.g., the CLEAR Stick Atlas and CLEAR Spot Voyager device prizes do not include any accessories, insurance, or device protection plan). All expenses or costs associated with the acceptance or use of any prize are the responsibility solely of the winner. Prizes are awarded “as is” and without any representation, warranty or guarantee of any kind, except as required by law. CLEAR bill credits will be available commencing on the first or second CLEAR service bill issued to the winner after the winner is verified, depending on the timing of verification. Once available, bill credits will be applied automatically to subsequent service charges in the order such service charges are incurred and posted. (However, in the case of the prize being offered with respect to Prize Day Nine, such bill credit will be so applied solely to the initial subsequent monthly service charge.) If a prize winner terminates his or her CLEAR service prior to a bill credit prize being fully applied, then the theretofore unused portion of such bill credit (up to the whole bill credit) will be deemed lost. Bill credit prizes will be applied solely to CLEAR service charges and not to any taxes, device purchase prices, or other fees or charges. Each and any user of CLEAR products and services is subject to CLEAR’s Terms of Service, CLEAR’s Acceptable Use Policy, and all other terms, restrictions and conditions applicable to such products and services.
- GRANT OF RIGHTS: By entering, each entrant grants permission to Sponsor and each of its parent companies, affiliates, subsidiaries and successors, and each of their agents and licensees, to use the entrant’s name, biographical information and likeness for purposes of advertising and trade and other commercial purposes, without further notice or compensation, unless prohibited by law.
- RELEASE AND LIMITATION OF LIABILITY: By entering the Sweepstakes, each entrant hereby releases, defends, indemnifies and holds harmless Sponsor, its parent companies, affiliates, subsidiaries and successors, and all other companies involved in the development or operation of the Sweepstakes, and each of their agents and licensees, and the respective directors, officers, employees and assignees of each of the foregoing entities, from and against any and all claims and liability arising out of the entrant’s participation in the Sweepstakes, the operation of the Sweepstakes, the acceptance or use of a prize, or the use of the entrant’s name, biographical information and/or likeness as permitted hereunder, including without limitation any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, misappropriation or violation of any other personal or proprietary right. Entrants assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or the announcement of any prize. In no event will more than the stated number of prizes be awarded.
- GENERAL RULES: Sponsor reserves the right to modify these Official Rules or to modify, suspend or terminate the Sweepstakes at any time in its sole discretion, including without limitation in the event of any changes to the Twitter Terms of Service. The Twitter Terms of Service can be found at twitter.com/tos and constitute a material part of these Official Rules. Sponsor is not responsible for late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical errors of any kind relating to the submission, collection, storage, or processing of entries or the administration of the Sweepstakes. Sponsor reserves the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process, or has undermined the legitimate operation, security or safety of the Site or the Sweepstakes by cheating, hacking, deception or other unfair playing practices, or (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrants or any representative of Sponsor, or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM AND AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit Sweepstakes entries is prohibited, and Sponsor reserves the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an automated device, program or method. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should a virus, bug, entrant fraud or misconduct, or other cause(s) beyond the control of the Sponsor corrupt the administration, fairness, integrity, security, safety, or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the operation of the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order, or any other similar or dissimilar occurrence of “force majeure” or other occurrence beyond the reasonable control of Sponsor). In the event of the termination of the Sweepstakes, a notice will be posted, and a random drawing to award the prizes (i.e., those prizes described in Section 4 above that were slated to be awarded through such termination date) will be conducted from among all eligible entries received prior to the time of termination. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, entrants agree to be bound by the Official Rules and the decisions of Sponsor and the judges, which are final, binding, and non-appealable in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
- DISPUTES: By entering the Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the entrant, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives any and all rights to claim, punitive, exemplary, special, incidental, indirect, or consequential damages; and (d) entrant hereby waives any and all rights (i) to have damages multiplied or otherwise increased and/or (ii) to seek or obtain any damages beyond actual out-of-pocket expenses incurred by the entrant directly in connection with his/her participation in the Sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with (a) the laws of the State of Washington, without regard to its choice/conflict of law principles, and (b) the federal laws of the United States of America. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in the federal or state courts located in King County in the State of Washington, and each entrant consents to the exclusive personal and subject matter jurisdiction and the exclusive venue therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules or the Sweepstakes. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including, without limitation, in any advertising or marketing materials), these Official Rules shall prevail.
- PRIVACY: Information collected from entrants in connection with this Sweepstakes will be subject to Sponsor’s Privacy Policy, located at http://www.clear.com/legal/privacy.
- WINNERS’ NAMES AND RULES REQUESTS: For the names of the winner(s), available after January 1, 2013, or a copy of these Official Rules, send a self-addressed, stamped envelope to “12 Days of CLEAR Sweepstakes,” c/o Clear Wireless LLC, 1475 120th Avenue NE, Bellevue, WA 98005, Attention: Legal Department. Vermont residents may omit return postage.
- SPONSOR: Clear Wireless LLC, Bellevue, WA.
©2012 Clear Wireless LLC. All rights reserved.
