|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.
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:
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.
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:
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.
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.
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.
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