Official Rules

KLEENEX® BRAND “SOFTNESS WORTH SHARING SPECIAL CARE DELIVERIES” SWEEPSTAKES
(THE “SWEEPSTAKES”)
OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

THE SWEEPSTAKES IS OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES, WASHINGTON D.C., AND CANADA ONLY AND WILL BE GOVERNED BY THE APPLICABLE LAWS OF THE TERRITORY.

BY ENTERING, YOU ARE ENTERING THE SWEEPSTAKES FOR A CHANCE TO WIN A PRIZE FOR YOUR LOVED ONE (DEFINED BELOW).

  1. SWEEPSTAKES PERIOD: The Sweepstakes starts January 14, 2013 at 9:00:00 AM Central Standard Time ("CST") and ends April 7, 2013 at 11:59:59 PM Central Daylight Time (“CDT”) (the "Sweepstakes Period").

  2. ELIGIBILITY: To be eligible to enter and be eligible to win, you must be a legal resident of the 50 United States or the District of Columbia who is 18 years of age or older, OR a legal resident of Canada who has reached the legal age of majority in his/her province/territory of residence, and have a valid email address. Void where prohibited. Persons in any of the following categories are NOT eligible to participate or win prizes: (a) any person who, at any time on or after January 14, 2013, was or is a director, officer, or employee of Kimberly-Clark Global Sales, LLC, or Kimberly-Clark Inc, or their parents, subsidiaries, franchisees, agents, suppliers, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes or engaged in the administration or execution of this Sweepstakes (collectively with the entities in 2(a), the "Sweepstakes Entities"), and (c) members of the immediate family (spouse, parent, child, sibling and their respective spouse) of and 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 Sweepstakes Period, whether related or not) as any person in any of the preceding categories.

  3. HOW TO ENTER: NO PURCHASE NECESSARY. During the Sweepstakes Period, visit the Kleenex® Fan Page at www.facebook.com/Kleenex (the “Website”). Then, click on the “Softness Worth Sharing Special Care Deliveries Sweepstakes” application. If you have not previously “liked” the Kleenex® Fan Page, you will need to click on the “Like” button to like the page before continuing within the application. Once you have accessed the Sweepstakes Facebook application, follow the instructions to log-in (if you have an existing Kleenex.com account) or complete the registration form (the “Registration Form”) with your full name, address, state/province, ZIP/postal code, country, daytime telephone number (including area code), your date of birth, a valid email address, your selected password, and all required information (as set forth in more detail below) of your Loved One (defined below) who, if your entry is selected as the winning entry, will receive the prize (subject to verification). You will also be required to read and accept these Official Rules and confirm that you have obtained permission to provide your Loved One’s name and address for the Sweepstakes.

    To complete an entry into the Sweepstakes during any Weekly Period (see below), you must include the complete name, mailing address, and age of a “qualifying person” who meets the eligibility requirements in Rule #2, above, and resides within the participating* metropolitan area of the city corresponding to the Weekly Period you are entering for, to whom you would like to have the prize delivered if your entry is drawn (see Rule #5 for prize details) (“Loved One”). For purposes of this Sweepstakes, a “qualifying person” is: (a) any friend with whom you (the Entrant) have had a two-way communication within the past two years, and whom you have met in person; or (b) any of your family members to whom you are related by blood relationship, marriage, a common-law partnership, or adoption. You are not permitted to submit information to a Loved One for which you are legally prohibited or restricted from seeing (e.g., restraining orders, supervised vistitation, etc.). You may only submit friends or family from whom you have received permission to provide their name and address to the Sponsor, and by whom a delivery from you or the Sponsor would not be considered objectionable. You may submit a person within your own household as a Loved One. Once your entry is submitted, and the Loved One’s address is verified by the application, you will receive one (1) Sweepstakes entry into the applicable Sweepstakes Draw (see Rule #4 for draw details).

    Limit of one (1) entry per day during the Sweepstakes Period. Entries received in excess of the stated limitation will be void. The Sweepstakes Sponsor will not accept entries by phone, mail, email, fax or any other method not specifically permitted herein or if not received during the Sweepstakes Period.

    For the purposes of this Sweepstakes, a “day” shall be defined as each 24 hour period between 12:00:00 AM CST/CDT and 11:59:59 PM CST/CDT (as the case may be) during a Weekly Period (as detailed in the table below), with the exception of the first day which starts at 9:00:00 AM CST (“Day”). If you attempt to register more than ONCE or enter more than ONCE PER DAY using multiple email addresses or identities, all of your entries may be declared null and void, in which event any prize you might have been entitled to will not be delivered to the Loved One you submitted. Robotic, programmed or any other automated means of online entry are prohibited and may result in disqualification of all such entries from the Sweepstakes. All online entries must be received by the close of the Sweepstakes Period on April 7, 2013 at 11:59:59 PM CDT.

    Weekly
    Period
    City* Start date/time/time zone End date/time/time zone
    1 Philadelphia January 14, 2013 at 9:00:00 AM CST January 20, 2013 at 11:59:59 PM CST
    2 Los Angeles January 21, 2013 at 12:00:00 AM CST January 27, 2013 at 11:59:59 PM CST
    3 Houston January 28, 2013 at 12:00:00 AM CST February 3, 2013 at 11:59:59 PM CST
    4 Indianapolis February 4, 2013 at 12:00:00 AM CST February 10, 2013 at 11:59:59 PM CST
    5 Atlanta February 11, 2013 at 12:00:00 AM CST February 17, 2013 at 11:59:59 PM CST
    6 New York City February 18, 2013 at 12:00:00 AM CST February 24, 2013 at 11:59:59 PM CST
    7 Minneapolis February 25, 2013 at 12:00:00 AM CST March 3, 2013 at 11:59:59 PM CST
    8 Chicago March 4, 2013 at 12:00:00 AM CST March 10, 2013 at 11:59:59 PM CDT
    9 Montreal March 11, 2013 at 12:00:00 AM CDT March 17, 2013 at 11:59:59 PM CDT
    10 Toronto March 18, 2013 at 12:00:00 AM CDT March 24, 2013 at 11:59:59 PM CDT
    11 Vancouver March 25, 2013 at 12:00:00 AM CDT March 31, 2013 at 11:59:59 PM CDT
    12 Calgary April 1, 2013 at 12:00:00 AM CDT April 7, 2013 at 11:59:59 PM CDT

    *Please see the list of participating ZIP Codes/Postal Codes (incorporated into these Official Rules by reference)

    If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.

    To participate via Facebook, you must be a registered member of Facebook, Inc. Facebook membership is free, but is subject to acceptance of the terms and conditions of use of www.facebook.com. Direct any questions/comments/complaints regarding the Sweepstakes to the Sweepstakes Sponsor, not Facebook.

  4. RANDOM SWEEPSTAKES DRAWS: At 1:00:00 AM CST/CDT (as the case may be) daily, immediately following every Day (as defined in Rule #3) of the applicable Weekly Period, an independent judging organization (the “Sweepstakes Judges”) will randomly draw one (1) entry (each a "Potential Sweepstakes Winner") in Winnipeg, Manitoba, from among all eligible entries received during that Day of the Weekly Period. The odds of winning depend on the total number of eligible entries received during the applicable Day of the Weekly Period. Each Potential Sweepstakes Winner will be eligible to win one (1) Sweepstakes Prize (to be delivered to the Loved One indicated at the time of entry), subject to verification of eligibility and compliance with these Official Rules. Non-winning entries will not carry forward to subsequent Daily drawings.

  5. SWEEPSTAKES PRIZES (84 AVAILABLE): There are a total of eighty-four (84) Sweepstakes Prizes available to be won, each consisting of: one (1) Kleenex-branded plush fleece blanket and one (1) Care Pack. Care Pack includes: one (1) Kleenex® Tissue Share Pack (15 2-ply tissues) or Kleenex® Brand Go Pack (10 3-ply tissues), one (1) Kleenex® Tissue Slim Pack (10 3-ply tissues), one (1) Kleenex® Hand Sanitizer (1 fl oz/30mL), one (1) Kleenex® Lip Balm (0.42 oz/12g), one (1) Kleenex Cool Touch Tissue $0.40-off coupon, one (1) Kleenex® Brand Care Wedge $0.50-off coupon, one (1) Kleenex® Hand Towels $0.50-off coupon, and one (1) 4-song Universal Music download redemption card. Approximate retail value of each prize: USD $31.50 (CAD $31.78).

    Total value of all prizes available to be won: USD $2,646.00 (CAD $2,669.52).

    Prizes are not transferable, except as stated herein, 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) with one of comparable or greater value, at its sole discretion (subject to the approval of the Régie des alcools, des courses et des jeux in Quebec (the “Régie”).

    All federal, state/provincial 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, regardless of whether prize is used in whole or in part. All prize details are at the Sponsor's sole discretion.

  6. PRIZE VERIFICATION AND DELIVERY: (Canadian residents: in order to be eligible to win a prize, Potential Winner must correctly answer, without mechanical aid and/or assistance, a mathematical skill-testing question to be administered online at the time of entry.) Prize will be delivered by courier to the residence of the Loved One as recorded in the entry process. Three (3) attempts will be made to deliver the prize during the day following the applicable draw. During Weekly Period #2 (Los Angeles), #5 (Atlanta) and #8 (Chicago), the delivery of the prize may be made by a well-known personality in the city in which Loved One resides, in which event deliveries will be attempted during the week following the applicable draw. In the event that one of the well-known personalities is unavailable to deliver the prize, the prize may be delivered by regular mail or courier and no substitution will be provided; the prize will be awarded and Sponsor will have no further obligation to winner. Potential Winner may be contacted by phone (using the phone number provided by the Potential Winner during the registration process) for verification and/or assistance in locating the Loved One for delivery of the prize. If the prize is won by an entrant who is eligible but still considered a minor in his/her jurisdiction of residence, then the parent or legal guardian of such minor must also comply with all requirements imposed on Winner set forth herein. If a potential or declared winner is not in compliance with these Official Rules, the Sweepstakes Judges reserve the right to disqualify such entrant from the Sweepstakes and may randomly select further entrants from the remaining eligible entries until a winner is finally declared. The Sponsor reserves the right not to award a prize if he/she is unable to declare a potential winner within a reasonable timeframe, which shall be subject to the Sweepstakes Sponsor’s sole discretion (subject to the approval of the Régie in Quebec). Entrants will not be individually contacted, except for the potential winner(s), who may be contacted by email or phone.

    If Sponsor is unable to complete delivery of the prize to a Potential Winner’s Loved One within three (3) attempts, or in the event that a prize notification or prize is declined by Loved One or returned undeliverable, the prize may be forfeited. Sponsor’s representatives will not leave messages on answering machines. Potential Winner (or parent/legal guardian where applicable) may be required to furnish proof of identification to determine eligibility.

    Sweepstakes 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 qualifying Loved Ones submitted by verified Winners. Unclaimed prizes may not be awarded, in the discretion of Sponsor. Sponsor is not responsible for any change of mailing address and/or telephone number of entrants or their Loved Ones, or for incorrect information submitted by entrants.

    By accepting a prize (to be delivered to a Loved One), Winner consents to the use of his/her own name, address (city and state/province/territory of residence), voice, and statements relating to the Sweepstakes or Sponsor, and 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 or hereinafter developed without territorial or time limitation, except where prohibited by law.
  7. CONDITIONS OF ENTRY:

  8. 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 Sweepstakes Judges, made in their sole discretion, which shall be final and binding in all matters relating to this Sweepstakes. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.

  9. The Sponsor reserves the right to disqualify any entrant's registration in the Sweepstakes (and void all associated entries) 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 Sweepstakes 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).

  10. In the event of a dispute regarding the identity of an entrant, the entry will be deemed to have been made by the authorized account holder of the email address submitted at the time of registration, and he or 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 or online service provider, or other organization responsible for assigning email addresses for the domain associated with the registered email address.

  11. As a condition of entering, entrants (or as applicable, their parents or legal guardians if eligible minors) agree to release Sponsor, Facebook Inc., and Sweepstakes Entities, and each of their officers, directors, employees and agents, from any and all liability, loss or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize or any travel or activity related thereto.

  12. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Wisconsin law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

    BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

  13. Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Sweepstakes at any time (subject to the approval of the Regie des alcools, des courses et des jeux in Quebec) 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 Sweepstakes. 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.

  14. Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Sweepstakes 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, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; 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 Sweepstakes, the processing of 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 Sweepstakes, 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 Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes. Sweepstakes Entities are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged, postage-due or undelivered mail or entries. Proof of transmission (screenshots, etc.) and/or mailing does not constitute proof of delivery.
  15. DISCLOSURES:

  16. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, 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.

  17. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.

  18. RESIDENTS OF QUEBEC: Any litigation respecting the conduct or organization of a publicity program may be submitted to the Régie des alcools des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.

  19. In the event of any discrepancies between the English language rules and the non-English language rules, the English rules shall prevail.

  20. 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 Sweepstakes, 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 federal, state and local courts for Neenah, Wisconsin, and any matters or proceedings which are not subject to arbitration as set forth in Rule #11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Wisconsin, in the City of Neenah.

  21. 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.

  22. This Sweepstakes is subject to all applicable federal, state/provincial/territorial, and municipal laws.

  23. This Sweepstakes is sponsored by Kimberly-Clark Global Sales, LLC, 2100 Winchester Road, Neenah, WI 54956 AND Kimberly-Clark Inc., 50 Burnhamthorpe Road West, Mississauga, ON L5B 3C2 (collectively, the "Sponsor").

  24. For a winners list (available after May 7, 2013), send a self-addressed postage stamped envelope to: "Kleenex® Brand “Softness Worth Sharing Special Care Deliveries” Sweepstakes, Winners List", PO Box 8550, Big Sandy TX 75755-8550 (Canadian residents: P.O. Box 41064, RPO Markham, Winnipeg MB, R3T 5T1).

    All requests for a winners list must be received by May 7, 2013. Winners list will be sent after the prizes have been awarded.

  25. Personal information collected from entrants will be used by the Sponsor for the purpose of administering this Sweepstakes in accordance with the Sponsor’s privacy policy at http://www.kleenex.com/Privacy.aspx, unless entrant has elected to receive additional information and promotional material from Sponsor or a third party. Personal information may be collected, used or disclosed in jurisdictions other than Canada. Personal information that resides in jurisdictions other than Canada will be subject to the general laws of application in those jurisdictions. Winners names may be included in a publicly available winners list.

  26. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to the Sweepstakes Sponsor and not to Facebook. The information you provide will only be used for the administration of the Sweepstakes.