Legal Notice – Terms and Conditions of Use
This Website ("Site") and its contents are owned and operated by Kruger Products Limited, A Kruger Company ("Kruger Products" or "we"), as a service to its customers. Your use of this Site constitutes your agreement with Kruger Products to be bound by, and to act in accordance with these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, do not use this Site.
Kruger Products reserves the right to, at any time without notice: (a) make changes to this Site and its contents and to these Terms and Conditions of Use; (b) monitor and remove Submissions; and (c) discontinue Site availability. Any such changes, modifications, additions or deletions to these terms and Conditions will be effective immediately upon notice to you, which may be given by any means, including but not limited to posting the modified Terms and Conditions of Use on this Site or by sending notice through electronic or conventional mail. Please visit these Terms and Conditions of Use from time to time to keep up-to-date. Your use of the Site affirms your continuing agreement to abide by any revised Terms and Conditions of Use. Any failure by Kruger Products to act in response to a breach by you or any other party of these Terms and Conditions of Use shall not be deemed a waiver of Kruger Products' right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set out the entire understanding between Kruger Products and you with respect to the use of this Site.
This Site, the contents of this Site and any products and services advertised on this Site are intended for use by residents of the United States only. Kruger Products makes no representation that this Site, its contents or any products or services advertised on this Site are available in other jurisdictions or are appropriate for use in such jurisdictions. Those who choose to access this Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.
Copyright and Trademarks
All material on this Site with the exception of third party materials used under license, including the text, images, software, programs, graphics, video, audio and designs and the trade-marks displayed on this Site ("Materials"), are owned and/or used under license by Kruger Products, and protected by international copyright and trade-mark laws. You may not copy, reproduce, re-distribute, republish, transmit, modify, or otherwise use any Materials without the prior written consent of Kruger Products. You are hereby licensed to make one copy of any Materials for personal and non-commercial purposes only, provided you maintain all copyright, trademark and other proprietary notices contained in the Materials. If you make a copy of any Materials or download from this Site, you warrant that you do so legally and you warrant that you will not copy, reproduce, re-distribute, republish, transmit, or modify the Materials or otherwise use them for any public or commercial purposes. Ownership, title and all intellectual property rights in and to all Materials copied or downloaded from this Site remains with Kruger Products or the third party licensor.
The trade-marks appearing in this Site are the exclusive property of Kruger Products. Your use of the trade-marks appearing on this Site in any manner other than as authorized in these Terms and Conditions of Use is strictly prohibited. For further information on these trademarks and third-party trademarks appearing on this Site, please refer to our Trademark Notice.
Limitation of Liability
Kruger Products does not guarantee continuous, uninterrupted, error-free or secure access to this Site, nor do we guarantee or warrant that any Materials are up-to-date, accurate or complete. The operation of this Site may be interfered with by factors outside Kruger Products' control. Kruger Products does not warrant that any servers making this Site available are free from viruses and other harmful elements or that any defects in this Site will be immediately corrected. Kruger Products reserves the right to monitor the use of this Site and to use or disclose any information necessary to satisfy any legal or regulatory requirements, to protect itself or to operate the Site properly.
The Materials on this Site are provided "as is", and to the fullest extent permitted by law, the Materials are provided without any express or implied warranty of any kind including warranties of merchantability, or fitness for any particular purpose.
In no event shall Kruger Products, its parent company, affiliates or suppliers be liable for any damages whatsoever (including, without limitation, special or consequential damages or damages for loss of profits, business interruption, or loss of information) arising out of the use or inability to use this Site, its contents or the Materials, even if Kruger Products has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Kruger Products' liability is limited to the greatest extent permitted by law. Kruger Products has no duty to update this Site, its contents or the Materials and shall not be liable for any failure to update. You assume the entire responsibility for any and all damages, repairs and/or maintenance costs incurred by you. Your sole and exclusive remedy is to discontinue using Kruger Product's Site.
You agree to indemnify, defend and hold harmless Kruger Products and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Site and any violation of these Terms and Conditions of Use by you.
Kruger Products is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor do we accept unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products or services ("Unsolicited Ideas"). Although we encourage your feedback, comments and questions, please do not send Unsolicited Ideas to Kruger Products.
By posting any material, including Unsolicited Ideas, messages, written editorials, photographs, software or video clips ("Submissions") to this Site you agree that all such Submissions will be considered non-confidential and non-proprietary and that no Submissions will be returned. You grant to Kruger Products a non-exclusive, royalty-free, worldwide, unrestricted and perpetual license, to publish, display, reproduce, perform, broadcast, retransmit, modify, edit or otherwise use (in whole or in part) the Submissions, with the right to sub-license to third parties the unrestricted right to exercise any of the foregoing rights. The license shall include the right to exploit any proprietary rights in the Submissions, including but not limited to rights under copyright and trademark. Kruger Products has no obligations with respect to the Submissions, and you agree that you will have no recourse against Kruger Products for any actual or alleged infringement, passing off or misappropriation of any proprietary rights in the Submissions. Kruger Products reserves the right at all times to remove any Submissions that in Kruger Products' sole discretion are objectionable, offensive, unlawful or in violation of these conditions.
You agree not to restrict or inhibit other individuals from using and enjoying this Site and you agree not to post or transmit any unlawful, abusive, libelous, defamatory, threatening or obscene Submissions. You agree not to post or transmit any Submissions which violate or infringe upon the rights of others, including Submissions which are an invasion of privacy or publicity rights or which are protected by copyright, trademark or other proprietary rights without first obtaining permission from the original rights holder. You agree not to post or transmit any Submissions which contain viruses or other harmful elements. Any such conduct constitutes a breach of these Terms and Conditions of Use resulting in the immediate termination of your right to use this Site. Kruger Products reserves the right to take all legal and administrative action against you to remedy such breach.
Third Party Websites
These Terms and Conditions of Use and any claim relating to them or this Site, its contents or the Materials shall be governed by the laws of the state of Arkansas and the laws of the United States as applicable therein, without regard to conflicts of law rules of Arkansas. Except where prohibited by law, you agree that (a) any and all disputes and causes of action arising out of or connected with these Terms and Conditions of Use and the Site shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association (“AAA”) and held at the AAA regional office in Rogers, Arkansas; (b) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (c) judgment upon such arbitration award may be entered in any court having jurisdiction. The AAA arbitrator is hereby instructed to give due consideration to the AAA fee waiver provisions, if applicable, in light of the claimant's financial situation. You agree that all causes of action arising out of or connected with these Terms and Conditions of Use and the Site, shall be resolved individually, without resort to any form of class action. If any part of these Terms and Conditions of Use are determined to be invalid, void, unlawful or unenforceable for any reason, the validity and enforceability of the remaining terms and conditions shall not in any way be affected or impaired. These Terms and Conditions of Use constitute the entire agreement between you and Kruger Products.
TRADE MARK NOTICE
Certain names, graphics, logos, icons, designs, words, slogans, titles and phrases on our Site constitute registered and unregistered trademarks of Kruger Products Limited, A Kruger Company, its parent or affiliated companies (the "Marks"). Some trademarks on this site are owned by other parties who have granted Kruger Products a license to use their marks.
2014 White Cloud CMN Facial Tissue Launch Sweepstakes (Official Rules)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING.
The following Sweepstakes is intended for legal residents of the 50 United States (including D.C. & Puerto Rico) ("USA") only and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the USA at the time of entry. This promotion is in not sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Sponsor and not to Facebook.
ELIGIBILITY: The 2014 White Cloud CMN Facial Tissue Launch Sweepstakes (the "Sweepstakes") is open and offered only to legal residents of the 50 United States (including D.C. & Puerto Rico) who have reached the age of majority in their state of residence at the time of entry. Employees of Kruger Products USA, Inc., Rockfish Interactive LLC ("Rockfish"), American Sweepstakes & Promotion Co., Inc. and Walmart Stores, Inc., and any other persons associated with this promotion, and the members of each of their immediate families (spouse or parent, child, sibling and their respective spouses) and/or household members, are ineligible to enter or win. Void where prohibited or restricted by law.
SPONSOR/ADMINISTRATOR: The Sweepstakes is sponsored by Kruger Products USA, Inc., 2309 SE B Street Ste. 1, Bentonville, AR 72712 (the "Sponsor") and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614 (the "Administrator"). Wal-mart is not a sponsor of this Sweepstakes.
AGREEMENT TO OFFICIAL RULES: By participating, persons entering the Sweepstakes ("Entrants") agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the First Prize (as described below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Daylight Time ("EDT") on June 13, 2014 and ends at 11:59:59 p.m. EDT on June 30, 2014 ("Sweepstakes Period"). Eligible Entrants can enter the Sweepstakes on the Walmart Facebook page described below. If a prospective Entrant is not already a member of Facebook, he/she may visit www.facebook.com and follow the links and instructions to become a Facebook member.
Once the eligible Entrant has become an active Facebook member, they have the opportunity to enter the Sweepstakes by visiting www.facebook.com/walmart (the "Website"). At the Website (on June 13, 2014), the Sponsor or Sponsor representative will create a wall post recapping the four (4) Grand Prize Winners in the 2014 White Cloud Facial Tissue Box Design Contest. Eligible Entrants will be given the opportunity to obtain one (1) Sweepstakes entry by commenting on the wall post and identifying which of the four (4) winning patient/kid designs they like the most. Each submitted comment must be related to the wall post, as determined by Sponsor in their sole discretion, in order to be considered valid. NOTE: The 2014 White Cloud Facial Tissue Box Design Contest has already concluded and the Winners have already been determined. Votes (thru comments on the wall post) for the four (4) winning patient/kid designs will not be counted. Each comment related to the wall post on the aforementioned wall post will receive one (1) Sweepstakes entry. Limit one (1) entry per person per Facebook account. Use of multiple Facebook accounts is not permitted. If the Sponsor discovers that an Entrant is entering the Sweepstakes using multiple Facebook accounts, the Entrant may be disqualified.
All entries must be received by 11:59:59 p.m. EDT on June 30, 2014. Proof of entering information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated voting/entry devices is prohibited and all such entries are void. The Sponsor is not responsible for: late, incomplete, incorrect, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes, the Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, the Administrator, Walmart Stores, Inc., and Rockfish, their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Sweepstakes or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION: The First Prize Winner will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. The First Prize drawing will be conducted by the Administrator on or about July 3, 2014. Odds of winning the First Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The First Prize Winner will be contacted/notified via Facebook.
PRIZE & PRIZE CONDITIONS: There will be one (1) First Prize awarded. The First Prize Winner, upon the Administrator's verification of eligibility, will receive a $25 Walmart gift card. The Sponsor reserve the right in its sole discretion to substitute the Prize with another prize of equal or greater value in the event that the Prize is not available as determined by the Sponsor in its sole discretion. ALL EXPENSES ASSOCIATED WITH ACCEPTANCE OF THE PRIZE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNER. THE PRIZE WINNER WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. The Winner is responsible for all local, state, and federal taxes associated with the receipt of a Prize. If the Prize or prize notification is returned as unclaimed or undeliverable to a potential Prize Winner, if a potential Prize Winner cannot be reached within three (3) business days from the first notification attempt, or if a potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate First Prize Winner will be randomly selected from the remaining entries.
MISCELLANEOUS: By accepting the Prize, where permitted by law, the First Prize Winner grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Winner's full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES 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 PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The First Prize Winner also acknowledges that Released Parties have neither 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 the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants' and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state's or jurisdiction's laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any judicial proceeding shall take place in a federal or state court within the State of Arkansas; (iii) any and all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorney fees be awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special damages, lost profits, other damages, and/or any rights to have damages multiplied or otherwise increased; and (v) Entrant's remedies are limited to a claim for money damages (if any) and he/she waives any right to seek injunctive or equitable relief. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
WINNERS LIST REQUEST: To request confirmation of the name, city and state of residence of the First Prize Winner, please send a self-addressed, stamped business size envelope, by August 31, 2014, to: ASC/Kruger 2014 White Cloud CMN Facial Tissue Launch Sweepstakes, Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.