write out loud® with sharpie and win! contest
REGISTER / SIGN IN
home view & vote rules details tell a friend
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 fifty (50) United States (including District of Columbia) who are eighteen (18) years old or older at the time of entry or participation or voting. A person who complies with all the eligibility rules shall be referred to as "entrant." Employees of Sanford L.P., A Newell Rubbermaid Company, Young & Rubicam, Inc., ePrize, LLC, ePrize, Ltd., Votigo, Inc. ("Votigo"), 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 federal, state and local laws and regulations. Void where prohibited by law. The Promotion consists of a contest (the "Contest") and a sweepstakes (the "Sweepstakes").

2. Sponsor: Sanford L.P., A Newell Rubbermaid Company, 2707 Butterfield Rd., Oak Brook, IL 60523 (the "Sponsor"). Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: By participating in the Promotion, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor 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 November 1, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on March 31, 2009 at 11:59 p.m. ET (the "Promotion Period"). The Promotion Period consists of four (4) phases as set forth in the chart below.

Phase Starts at 12:00 a.m. ET Ends at 11:59 p.m. ET
Submission Phase November 1, 2008 January 31, 2009
Judging Phase I February 1, 2009 February 15, 2009
Voting Phase February 16, 2009 March 15, 2009
Judging Phase II March 16, 2009 March 31, 2009

The Submission Phase contains three (3) monthly entry periods (each a "Monthly Entry Period") during which an entrant will also receive a Sweepstakes entry when submitting a Creation (defined at Rule 5(a) below) into the Contest. For the purposes of this Promotion, each Monthly Entry Period will begin at 12:00 a.m. ET the first day of each month and will end at 11:59 p.m. ET the last day of each month. Votigo's computer is the official time-keeping device for the Promotion.

5. How to Enter:

  1. Contest: During the Submission Phase (see Section 4 for specific dates), visit http://www.sharpie.com and select the promotional webpage for residents of the United States. 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 (P.O. Boxes are not permitted) to receive one (1) entry into the Contest. Submitting a Creation into this Contest 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 Sponsor, in its sole discretion, may remove your Creation and disqualify you from the Contest if it believes, in its sole discretion, that your Creation fails to conform to these Guidelines and Restrictions in any way. This Contest 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 2 MB in size; 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 previously.


    Content Restrictions: The Creation must not contain material that:

    • Disparages any person, Sponsor 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 Contest;
    • 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 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 CONTEST CONSTITUTES YOUR IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR 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). Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Creations, which are void and will be disqualified.

    Sponsor 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. Sponsor, in its sole discretion, may feature any Creation submitted in this Contest on http://www.sharpie.com any related websites, in any promotional materials, whether related or unrelated to the Contest or any subsequent promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. Each entrant warrants to the Sponsor 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 Contest. In addition, each entrant hereby indemnifies the Sponsor and Administrator against all loss, damages and costs incurred by a Sponsor or the Administrator arising from that entrant's breach of the warranty set forth in this condition.

  3. Sweepstakes: For each eligible Creation you submit during the Submission Phase (see Section 4 for specific dates), you will receive one (1) entry into the drawing 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 Contest, Sweepstakes and Public Voting (See Section 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: In the event of a dispute as to any Creation, the person who submitted the registration will be deemed the creator of the Creation and will receive the Sweepstakes entry. In the event that two (2) or more Creations are submitted by two (2) or more entrants using the same email address, then the Creation created by the authorized account holder of the email address used to submit the Creation will be entered into the Contest and Sweepstakes, and the other Creations will be disqualified. For Votes: In the event of a dispute as to any vote, the authorized account holder of the email address used to register will be deemed to be the voter. For Creations and Votes/Entries: The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization 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 authorized account holder. By entering the Promotion, you authorize the Sponsor 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. Contest: Contest winners will be selected according to the process set forth below:

    1. Judging Phase I: During Judging Phase I (see Section 4 for specific dates), qualified judges (the "Judges"), whose decisions as to the administration of this Contest 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 Contest 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 Section 4 for specific dates), Semi-Finalists will be posted at http://www.sharpie.com. Each individual who meets the eligibility requirements set forth in Section 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, Sponsor, in its sole discretion, will select the Finalist from the tied Semi-Finalists based on an application of the Judging Criteria set forth in Section 6(a)(i), above.


    3. Judging Phase II: During the Judging Phase II (see Section 4 for specific dates), the Judges and/or David Beckham, whose decisions as to the administration of this Contest 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 Section 6(a)(i) above. The Finalist who receives the highest score will be a potential Grand Prize winner; the Finalist 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 April 20, 2009.


  2. Sweepstakes: Administrator is an independent judging organization whose decisions as to the administration and operation of the Sweepstakes and the selection of the potential Sweepstakes winners are final and binding in all matters related to the Sweepstakes. Administrator will randomly select the potential Sweepstakes winners, from all eligible entries received during the November Monthly Entry Period on or around December 15, 2009, during the December Monthly Entry Period on or around January 12, 2009 and for the January Monthly Entry Period on or around February 9, 2009. Non-winning entries will carry over into drawings for subsequent Monthly Entry Periods. Potential Sweepstakes 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 Section 6. Each potential Grand Prize winner will be required to sign and return to Administrator an Affidavit of Eligibility, Liability & Publicity Release (the "Affidavit") within ten (10) calendar days of notification. If any potential winner cannot be contacted, or fails to sign and return the applicable Affidavit within the required time period (if applicable), he/she forfeits the applicable prize and his/her Creation(s) will be disqualified from 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 Contest Prize winner 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 Sweepstakes 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 Sponsor use of the winner's name, city, state, country, likeness, photo, Creation and/or prize information in connection with the Promotion or with respect to Sponsor'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. Contest 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 Sponsor in its sole discretion) to Los Angeles, CA; five (5) nights accommodations at a hotel of Sponsor'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 Sponsor in its sole discretion). Sponsor 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 Sponsor in its sole discretion, or prize will be forfeited. Travel dates will occur in November 2009. Approximate Retail Value ("ARV"): $5,984.

    ONE (1) FIRST PRIZE: A jersey autographed by David Beckham and a $300 Visa gift card that winner may use to frame the jersey (size and style of jersey to be determined by Sponsor in its sole discretion). Terms and conditions of gift card apply. ARV: $550.

    ONE (1) SECOND PRIZE: A prize pack consisting of Sharpie branded products (determined by Sponsor in its sole discretion), a David Beckham Fathead vinyl wall decal and a David Beckham poster (size determined by Sponsor in its sole discretion). ARV: $235.95.

    For All Travel: Sponsor 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. 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. Sponsor 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. Sponsor is not responsible if meet and greet or behind the scenes tour are delayed, postponed or cancelled. Sponsor is not responsible if David Beckham cannot attend meet and greet, in which event that portion of the prize is forfeited.

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


  2. Sweepstakes Prizes: THREE (3) SWEEPSTAKES PRIZES (one (1) prize per Monthly Entry Period): A prize pack consisting of Sharpie branded products selected by Sponsor in its sole discretion. ARV: $50. The odds of winning a Sweepstakes Prize depend on the number of eligible entries received during each respective Monthly Entry Period. Total ARV of all Sweepstakes Prizes: $150. Limit: One (1) Sweepstakes Prize per person.

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

9. Release: With respect to claims resulting from death or personal injury (in accordance with applicable law in those jurisdictions), by entering the Promotion, entrant agrees to release and hold harmless Sponsor, Administrator, Young & Rubicam, Inc., Votigo, David Beckham, each of their related companies, their respective parents (if applicable) and affiliates and each of their respective officers, directors, employees, shareholders, and agents ("Released Parties") from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize whether or not caused by the negligence of the Released Parties.

10. General Conditions: Sponsor 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 Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor'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 utilized 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-authorized 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 processing of entries; (5) late, lost, un-deliverable, damaged or stolen mail; 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 section 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 Sweepstakes: If, for any reason, an entrant's Sweepstakes entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes. If it is not possible to award entrant another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, 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 Sweepstakes prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Sweepstakes prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Sweepstakes 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 (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (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 Sponsor 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. Some jurisdictions do not allow the aforementioned choice of venue, so parts of this section may not apply to you.

13. Entrant's Personal Information: BY SUBMITTING DATA TO SPONSOR AND/OR PARTICIPATING IN THIS PROMOTION, YOU ARE GIVING YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY SPONSOR IN THE MANNER AND FOR THE PURPOSES DESCRIBED IN SPONSOR'S PRIVACY POLICY POSTED ONLINE AT http://www.sharpie.com/enUS/Home/default.html.

14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than August 20, 2009. For the Winner List, send an email with subject line: "M - Write Out Loud with Sharpie & Win, Winner List Request," to WinListRequests@eprizefulfillment.com.

© 2008 ePrize, LLC. All rights reserved.