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WRITE OUT LOUD® WITH SHARPIE & WIN

OFFICIAL RULES / CONDITIONS OF ENTRY

NO PURCHASE NECESSARY.

1. Eligibility: Write Out Loud with Sharpie & Win (the "Promotion") is open only to people who:

  • Are legal residents of the United Kingdom at the time of entry or participation in voting;

  • Are sixteen (16) years old or older at the time of entry or participation in voting; and,

  • Are available to travel to the United States during Promoter selected dates in October 2009, if selected as a winner.

A person who complies with all the eligibility rules shall be referred to as "entrant." Employees of Parker Pen Company, Sanford L.P., A Newell Rubbermaid Company, Young & Rubicam, Inc., ePrize, LLC, ePrize, Ltd., Blast Radius, Inc. ("Blast Radius"), David Beckham and any of their parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children, whether biological, adoptive, step or in-law) and household members of each such employee are not eligible. The Promotion is subject to all applicable national, federal, state, provincial, territorial, and local laws and regulations. Void where prohibited by law. The Promotion consists of a competition (the "Competition") and a prize draw (the "Prize Draw").

2. Promoter: Parker Pen Company, Parker House, Newhaven, East Sussex, BN9 OAU, U.K. (the "Promoter"). Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A (the "Administrator").

3. Agreement to Official Rules: By submitting an entry into the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Promoter and/or Administrator, which are final and binding in all matters related to the Promotion. The award of a prize is contingent upon complying with all conditions and fulfilling all requirements set forth herein.

4. Timing: The Promotion begins on 30 April 2009 at 00:00 Greenwich Mean Time ("GMT") and ends on 11 September 2009 at 23:59 GMT (the "Promotion Period"). The Promotion Period consists of four (4) phases as set forth in the chart below.

Phase Starts at 00:00 GMT Ends at 23:59 GMT
Submission Phase 30 April 2009 31 July 2009
Judging Phase I 1 August 2009 17 August 2009
Voting Phase 18 August 2009 6 September 2009
Judging Phase II 7 September 2009 11 September 2009

The Submission Phase contains three (3) monthly entry periods (each a "Monthly Entry Period") during which an entrant will also receive a Prize Draw entry when submitting a Creation (defined at Rule 5(a) below) into the Competition. For the purposes of this Promotion, each Monthly Entry Period will begin at 00:00 GMT the first day of each month and will end at 23:59 GMT the last day of each month. Blast Radius' computer is the official time-keeping device for the Promotion.

5. How to Enter:

  1. Competition: During the Submission Phase (see Rule 4 for specific dates), visit http://www.sharpie.com and click on the United Kingdom webpage. Once on the webpage, click the David Beckham promotional tile and follow the links and instructions to share your creative experience by uploading one (1) original work of art that you created using a marker (for example, a creation can be a drawing, a personalization of clothing or anything that you can customize by using a marker) representing how you make your own mark (each a "Creation"). Following the instructions on the website, upload your Creation and complete and submit the registration form, including your name and surname, email address, birth date, phone number and a valid home address including your city, postal code and country (P.O. Boxes are not permitted) to receive one (1) entry into the Competition. Submitting a Creation into this Competition does not require the purchase of any equipment, materials or services. Limit: You may submit up to ten (10) different Creations during the Submission Phase. By submitting a Creation, you agree that it adheres to the Creation Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Promoter, in its sole discretion, may remove your Creation and disqualify you from the Competition if it believes, in its sole discretion, that your Creation fails to conform to these Guidelines and Restrictions in any way. This Competition is a game of skill, and chance plays no part in the determination of any winner.

    Creation Guidelines: The submitted Creation must:

    • Be in JPEG (.jpg, .jpeg or .jpe) file format;
    • Be created using markers in some part;
    • Not exceed 5 MB in size;
    • Be the original work of the entrant; and
    • Not have been submitted previously in a promotion of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.


    Content Restrictions: The Creation must not contain material that:

    • Disparages any person, Promoter and/or any of its or its affiliates' products, David Beckham or any entity or team affiliated with David Beckham, Administrator or any other entity affiliated with sponsoring, promoting or administering this Promotion;
    • Violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
    • Includes brand names or trademarks, other than the Sharpie trademarks, logos and designs which entrant has a limited license to use for the sole purposes of submitting a Creation into this Competition;
    • Includes photos, artwork or writing not created by entrant;
    • Is hateful, tortious, defamatory, slanderous or libelous;
    • Promotes bigotry, racism, sexism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • Is unlawful, in violation of or contrary to the laws or regulations in any state, province, territory or country where the Creation is created; and
    • Depicts the use of a Sharpie marker in an in-appropriate or dangerous manner.


  2. SUBMITTING A CREATION IN THIS COMPETITION CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO PROMOTER ANY AND ALL RIGHT, TITLE AND INTEREST IN THE CREATION INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS AND WAIVER OF ALL MORAL RIGHTS IN YOUR CREATION (except moral rights where such transfer of moral rights is prohibited by law). Your Creation will be stored on a server in Canada and submission of your Creation constitutes your consent to the export of your personal data to Canada and to the U.S.A. and its use there for the purposes of administering this Competition and associated processing (e.g., but not limited to back-up, archiving). Promoter is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Creations, which are void and will be disqualified.

    Promoter shall have the right to edit, adapt and publish any or all of the Creations or any of the content contained therein, and may use that content in any media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without attribution (where permissible by law) or compensation to the entrant, his/her successors or assigns, or any other person or entity. Promoter, in its sole discretion, may feature any Creation submitted in this Competition on http://www.sharpie.com any related websites, in any promotional materials, whether related or unrelated to the Competition or any subsequent promotion, and at any other location, whether physical or online, that Promoter, in its sole discretion, deems appropriate. Each entrant warrants to the Promoter that the Creation submitted by such entrant is an original work of the entrant which does not infringe any rights of any third party. A breach of the warranty set out in this condition will result in the entrant's Creation being invalid and entrant's potential disqualification from the Competition. In addition, each entrant hereby indemnifies the Promoter and Administrator against all loss, damages and costs incurred by a Promoter or the Administrator arising from that entrant's breach of the warranty set forth in this condition.

  3. Prize Draw: For each eligible Creation you submit during the Submission Phase (see Rule 4 for specific dates), you will receive one (1) entry into the draw for the applicable Monthly Entry Period. Non-winning entries will carry over into subsequent Entry Periods. Limit: Ten (10) entries per entrant during the Submission Phase.

For Competition, Prize Draw and Public Voting (See Rule 6(a)(ii), below): Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of votes/entries or submit more than the stated number of Creations by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's votes/entries/Creations and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of entrant's Creation and/or invalidation of entrant's votes. For Creation/Prize Draw: In the event of a dispute as to any Creation or Prize Draw entry, the person who submitted the registration will be deemed the creator of the Creation/entrant and will receive the Prize Draw entry. In the event that two (2) or more Creations or Prize Draw entries are submitted by two (2) or more entrants using the same email address, then the Creation or Prize Draw entry submitted by the authorised account holder of the email address used to submit the Creation or Prize Draw entry will be entered into the Competition and Prize Draw, and the other Creations will be disqualified. For Votes: In the event of a dispute as to any vote, the authorised account holder of the email address used to register will be deemed to be the voter. For Creations and Votes/Entries: The "authorised account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorised account holder. By entering the Promotion, you authorise the Promoter and Administrator to use the collected personal data for the purposes connected with this promotion only and for the time being necessary to fulfill such purposes.

6. Winner Determination:

  1. Competition: Competition winners will be selected according to the process set forth below:

    1. Judging Phase I: During Judging Phase I (see Rule 4 for specific dates), a panel of two (2) qualified judges one (1) from Sponsor and one (1) from Administrator (the "Judges"), whose decisions as to the administration of this Competition and the selection of the Semi-Finalists are final and binding in all matters, will select from amongst all eligible Creations received during the Submission Phase one hundred (100) semi-finalist Creations ("Semi-Finalists"). The Judges will evaluate the Semi-Finalists based on their Creations using the following criteria (the "Judging Criteria"):

      • 33% creativity;
      • 33% quality; and
      • 34% relevance to Competition theme of how you make your mark and Write Out Loud® (see Section 5(a)).

      In the event of tie, the entrant whose Creation the Judges determine to demonstrate the highest quality will be deemed the Semi-Finalist.

    2. Voting Phase: During the Voting Phase (see Rule 4 for specific dates), the Semi-Finalists will be posted at http://sharpie.co.uk. Each individual who meets the eligibility requirements set forth in Rule 1 will be invited to vote for the Semi-Finalist that he/she believes is best. Limit: Each participant may vote one (1) time per day during the Voting Phase. The three (3) Semi-Finalists who receive the highest number of votes will be finalists ("Finalists"). In case of a tie, Promoter, in its sole discretion, will select the Finalist from the tied Semi-Finalists based on an application of the Judging Criteria set forth in Rule 6(a)(i), above.


    3. Judging Phase II: During the Judging Phase II (see Rule 4 for specific dates), David Beckham, whose decisions as to the administration of this Competition and the selection of each potential Grand Prize winner are final and binding in all matters, will select from the Finalists, the potential Grand, First and Second Prize winner using the Judging Criteria outlined in Rule 6(a)(i) above. The Finalist who receives the highest score will be a potential Grand Prize winner; the Finalist in who receives the second highest score will be a potential First Prize winner, and the Finalist who receives the third highest score will be a potential Second Prize winner. In the event of tie between two (2) or more Finalists, the Finalist the Judges determine to demonstrate the highest quality will be deemed the winner from amongst the tied Finalists. Potential winners will be notified on or around 21 September 2009.


  2. Prize Draw: Administrator is an independent judging organisation whose decisions as to the administration and operation of the Prize Draw and the selection of the potential Prize Draw winners are final and binding in all matters related to the Prize Draw. Administrator will randomly select the potential Prize Draw winners, from all eligible entries received during the May Monthly Entry Period on or around 15 June 2009, during the June Monthly Entry Period on or around 13 July 2009 and for the July Monthly Entry Period on or around 17 August 2009. Non-winning entries will carry over into drawings for subsequent Monthly Entry Periods. Potential Prize Draw winners will be notified the week following the respective drawing date.

7. Winner Requirements: Potential winners will be notified by email, mail or phone on or around the dates set forth in Rule 6. The potential Grand Prize winner (parent/legal guardian if a minor) will be required to sign and return to Administrator a confirmation of eligibility form, and liability/publicity release (except where prohibited) (the "Confirmation"), where permitted, within five (5) calendar days of notification. If any potential winner of any prize cannot be contacted, or fails to sign and return the Confirmation within the required time period (if applicable), he/she forfeits the applicable prize and his/her Creation(s) will be disqualified for further consideration. Failure to comply with these requirements and or the Official Rules for any reason, return of prize notification or prize as un-deliverable or disqualification of any winner for any reason will result in forfeiture of applicable prize. If a potential winner of any Competition Prize forfeits a prize or is disqualified for any reason, the Judges will select the Finalist whose Creation received the next highest score, and/or the Semi-Finalist whose Creation received the next highest number of votes during the Voting Phase as an alternate potential winner. If a potential Prize Draw winner forfeits a prize or is disqualified for any reason, Administrator will select from all eligible entries received during all Monthly Entry Periods an alternate potential winner. This course of action may continue until the particular prize is won and claimed, or for up to three (3) alternates (after which the applicable prize will remain un-awarded), whichever occurs first (if time permits). Acceptance of any prize shall constitute and signify the winner's agreement and consent to Promoter use of the winner's name, city, state, province, country, likeness, photo, Creation and/or prize information in connection with the Promotion or with respect to Promoter's brand, products, ad campaigns, worldwide, including the Internet, without limitation and without further payment or consideration, except where prohibited by law.

8. Prizes:

  1. Competition Prizes: ONE (1) GRAND PRIZE: The opportunity to attend a meet and greet with David Beckham and $1,000. Meet and greet with David Beckham includes roundtrip, coach-class air transportation for winner and a companion (companion must also be at or above the age of majority for his/her place of residence or the winner's child/ward) from a major airport near winner's home (determined by Promoter in its sole discretion) to Los Angeles, CA; five (5) nights accommodations at a hotel of Promoter's choice (single room, double occupancy); a meet and greet with David Beckham; and a jersey autographed by David Beckham (size and style determined by Promoter in its sole discretion). Promoter will determine all details of meet and greet and behind the scenes tour in its sole discretion. Winner must travel on the exact dates specified by Promoter in its sole discretion, or prize will be forfeited. Travel dates will occur in October 2009. Approximate Retail Value ("ARV"): £3,367.74.

    ONE (1) FIRST PRIZE: A jersey autographed by David Beckham and a £190 Visa gift card that winner may use to frame the jersey (size and style of jersey to be determined by Promoter in its sole discretion). Terms and conditions of gift card apply. ARV: £255.74.

    ONE (1) SECOND PRIZE: A prize pack consisting of Sharpie branded products (determined by Promoter in its sole discretion), a David Beckham Fathead vinyl wall decal and a David Beckham poster (size determined by Promoter in its sole discretion). ARV: £120.69.

    For All Travel: Promoter to determine exact dates of travel, in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight or other mode of transportation. All expenses and costs not listed in the prize descriptions above, including without limitation, spending money, additional meals, transfers, transportation to and from departure point, hotel services and amenities, (including, but not limited to, additional room charges such as pay per view movies, laundry, room service, telephone calls), souvenirs, gratuities, flight or travel insurance, taxes, any upgrades or additional nights and all other ancillary costs are not included and are the sole responsibility of the winner and the winner's travel companion. Winner and travel companion are solely responsible for obtaining valid passports, visas, and all other documents required for international travel. Insurance not included. All winners and their travel companions are strongly advised to obtain insurance covering all travel-related risks. The winner and his/her travel companion must depart from and return to the same point of departure and must travel together. Frequent flyer points (if any) will not constitute part of the prize. Prize is subject to the standard terms and conditions of individual prize and service providers. The winner may be required to present credit card at time of accommodation check-in. Subject to the terms and conditions of the participating prize provider(s) and partner(s), if for any reason whatsoever a prize winner does not, once the prize has been booked, take the prize or an element of the prize at the time stipulated, then the prize or that element of the prize will be forfeited by the prize winner and cash will not be awarded in lieu of the prize or that element of the prize. Promoter will determine travel arrangements in its sole discretion. Each winner will receive his/her travel itinerary by mail or email within seven (7) days prior to travel. Winner and travel companion must travel on the same itinerary. Travel companion must also be at or above the age of majority for his/her place of residence or the winner's child/ward and must complete, sign and return a Publicity/Liability Release to Administrator in order for travel documents or tickets to be awarded. Promoter is not responsible if meet and greet is delayed, postponed or cancelled. Promoter is not responsible if David Beckham cannot attend meet and greet, in which event that portion of the prize is forfeited.

    For All Competition Prizes: Limit: One (1) Competition Prize per person.


  2. Prize Draw Prizes: THREE (3) PRIZE DRAW PRIZES (one (1) prize per participating country per Monthly Entry Period): A prize pack consisting of Sharpie branded products selected by Promoter in its sole discretion. £25.57. The odds of winning a Prize Draw Prize depend on the number of eligible entries received during each respective Monthly Entry Period. Total ARV of all Prize Draw Prizes: £76.71. Limit: One (1) Prize Draw Prize per person.

For All Prizes: No substitution, assignment or transfer of prizes permitted, except by Promoter, who reserves the right to substitute a prize or prize component with another of comparable or greater value.

9. Release: By entering this Promotion, entrant agrees to release and hold harmless Promoter, Administrator, Sanford L.P., A Newell Rubbermaid Company, Young & Rubicam, Inc., Blast Radius, David Beckham, and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Promotion or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Promotion, including without limitation, property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. This Release does not apply to claims for personal injury or death caused by the negligence of Promoter or Administrator.

10. General Conditions: Promoter reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Promoter's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Promoter in its sole discretion. Promoter, in its sole discretion, reserves the right to disqualify any individual they find to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or those of any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Promoter's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: In respect to all entrants, the Released Parties are not responsible for and shall be released from all liability resulting from: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilised in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) un-authorised human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the receipt or processing of entries; (5) late, lost, un-deliverable, damaged or stolen mail or entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize (some jurisdictions do not allow the aforementioned limitations or exclusions of liability, so parts of this Rule may not apply). The Released Parties are not responsible for and are released from any liability with respect to misdirected or un-deliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The Released Parties are not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Promotion. For Prize Draw: If, for any reason, an entrant's Prize Draw entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Prize Draw. If it is not possible to award entrant another entry due to discontinuance of the Prize Draw, or any part of it, for any reason, Promoter, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of Prize Draw prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prize Draw prizes as set forth in these Official Rules to be available and/or claimed, Promoter reserves the right to award only the stated number of Prize Draw prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan, U.S.A. (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Promoter in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A. Some jurisdictions do not allow the aforementioned choice of venue, so parts of this Rule may not apply to you.

13. Entrant's Personal Information: Your personal data will be treated in confidence and in the manner and for the purposes described in Promoter's Privacy Policy posted online at http://sharpie.co.uk. Your personal data will not be disclosed to any third party for marketing purpose. You have a right to access, modify or delete your personal data by emailing or writing to the Promoter at the following address: Sharpie Online Competition, Parker Pen Company, Fradley Park, Halifax Avenue, Lichfield, WS13 8SS.

Should you wish to be contacted about new products and services available from the Promoter, please tick the appropriate box on the registration form. Should you wish to receive information from our affiliates and partners, please tick the appropriate box on the registration form.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than 21 January 2010. For the Winner List, send an email with subject line: "Write Out Loud with Sharpie & Win v U.K., Winner List Request," to WinListRequests@eprizefulfillment.com.

15. General: Nothing in these Official Rules shall be deemed to exclude or restrict any of the winner's or the entrant's statutory rights as a consumer.

© 2009 ePrize, LLC. All rights reserved.