| WRITE OUT LOUD® WITH SHARPIE & WIN |
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OFFICIAL RULES / CONDITIONS OF ENTRY NO PURCHASE NECESSARY. |
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1. Eligibility:
Write Out Loud with Sharpie & Win (the "Promotion") is open only to people who:
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.
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:
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. 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:
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:
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. |