Pentel - Golden Ink

ON-PACK DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Pentel of America, Ltd. Presents: Find the Golden EnerGel® Sweepstakes. Promotion starts 6/1/12 at 12:00:00 P.M. (noon) Eastern Time ("ET") and ends 10/31/12 11:59:59 P.M. ET. Open to eligible legal residents of 50 U.S./D.C., 13 years of age or older as of 6/1/12. Void where prohibited. See Official Rules at www.Pentel.com for important information including entry & participation details, how to participate without a purchase, prizes, odds of winning, contact information, restrictions etc. Approx. Retail Value of all prizes is $14,740 USD. Sponsor: Pentel of America, Ltd. 

PENTEL OF AMERICA, LTD. PRESENTS: FIND THE GOLDEN ENERGEL® SWEEPSTAKES AND WEEKLY DRAWINGS. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. DETAILS AND QUALIFICATIONS FOR PARTICIPATION MAY APPLY. NEED NOT BE PRESENT TO WIN. NO SUBSTITUTION WILL BE ALLOWED AND PRIZES MAY NOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION. Prizes Require Internet Access And A Valid Email Address To Redeem. Weekly Drawings Require Internet Access, A Valid Email Address, And A Valid Facebook® Account To Participate.

OFFICIAL WINNERS MAY BE REQUIRED TO SIGN AN AFFIDAVIT OF ELIGIBILITY AND A RECEIPT. Taxes, Where Applicable, Are The Sole Responsibility Of The Winner.

PROMOTION DESCRIPTION. The “Find The Golden EnerGel® Sweepstakes and Weekly Drawings” consists of an in-package instant-win sweepstakes (“Find The Golden EnerGel® Sweepstakes”) and weekly random drawings (“Weekly Drawings”) that begin at 12:00:00 p.m. (noon) Eastern Time (ET) on June 1, 2012 and ends at 11:59:59 p.m. ET on October 31, 2012 (“Find The Golden EnerGel® Sweepstakes Period”). Void where prohibited. The Find The Golden EnerGel® Sweepstakes and Weekly Drawings are governed by these Official Rules. Pentel of America, Ltd. is hereinafter called “Sponsor”. Sponsor’s designated computer is the official time keeping device.

Sweepstakes: Participation in the Find The Golden EnerGel® Sweepstakes is made available to eligible participants, as described below in Rule 2, via purchase of specially marked Pentel® EnerGel® product packages sold at participating retail stores, while supplies last, or via the free alternative method of entry by mail, while supplies last, detailed in Rule 5B, in the fifty (50) United States and D.C. (the “Territory”). An eligible participant with an instant-win winning game code is a potential winner of a Prize as further described below and as provided by these Official Rules. Internet access and a valid email address is required to redeem a Sweepstakes Prize.

Weekly Drawings: Internet access, a valid email address, and a valid Facebook® account are required to participate. Participation in the Weekly Drawings is made available to eligible participants, as described below in Rule 2, in the Territory by clicking Like on Sponsor’s Facebook® Page and following the online instructions for entry. Weekly random drawings will be held once per week on or about each Friday during the Find The Golden EnerGel® Sweepstakes Period, from all valid entries received, as further detailed in Rule 7. An eligible participant randomly selected to win a weekly random drawing is a potential winner of a Prize as further described below and as provided by these Official Rules.

ELIGIBILITY. The Find The Golden EnerGel® Sweepstakes and Weekly Drawings are open only to eligible legal residents of the Territory who are thirteen (13) years of age or older as of June 1, 2012. The Find The Golden EnerGel® Sweepstakes and Weekly Drawings are not open to: (a) directors, officers, employees, agents and independent contractors of Sponsor; (b) directors, officers, employees, agents and independent contractors any of Sponsor’s parents, affiliates, subsidiaries, professional advisors, consultants and advertising and promotional agencies; (c) immediate family members of (a) and (b); (d) employees, independent contractors, directors and officers of any entity engaged in the development, production or distribution of Pentel® products; (e) employees, independent contractors, directors and officers of any entity retained by Sponsor for the administration of the Find The Golden EnerGel® Sweepstakes and Weekly Drawings. Each participant may enter only as an individual on behalf of himself or herself. All applicable federal, state and local laws and regulations apply. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN ANY PRIZE AND SPONSOR RESERVES THE RIGHT NOT TO AWARD ANY PRIZE TO YOU.

AGREEMENT TO OFFICIAL RULES. Each eligible participant who enters the Find The Golden EnerGel® Sweepstakes and/or Weekly Drawings (each a “Participant” or “you”), and his or her parent or legal guardian if the Participant is an eligible minor, unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding with respect to all aspects of the Find The Golden EnerGel® Sweepstakes and Weekly Drawings in the Territory. 

VERIFICATION OF ELIGIBILITY. A potential winner is not a recipient of the prize until he or she has been verified by Sponsor to be eligible, in compliance with these Official Rules and as the winner (“Verification”).

HOW TO FIND THE GOLDEN ENERGEL® SWEEPSTAKES: METHODS OF ENTRY. A Golden EnerGel® is: (a) with purchase, an EnerGel® pen with golden ink and an accompanying winning Find The Golden EnerGel® Sweepstakes game code found printed on a sticker that is stuck to the golden ink refill inside such EnerGel® pen, and (b) without purchase, a winning Find The Golden EnerGel® Sweepstakes game code. Finding the Golden EnerGel® can be achieved as follows, while supplies last: With Purchase as detailed in Rule 5A and Without Purchase as detailed in Rule 5B. The details for obtaining a Golden EnerGel® are the only legitimate channels (“Legitimate Channels”) for obtaining them. The purchase, sale, trading, or barter of a Golden EnerGel® via online or live auctions, or any other methods, does not constitute Legitimate Channels and is expressly prohibited. Each Find The Golden EnerGel® Sweepstakes game code has been independently encrypted with winning information.

With Purchase: Find a Golden EnerGel® via purchase of specially marked Pentel® EnerGel® product packages sold at participating retail stores, while supplies last, in the Territory, during the Find The Golden EnerGel® Sweepstakes Period.

Without Purchase (alternative method of entry): A Participant can request a Find The Golden EnerGel® Sweepstakes game code without purchase, while supplies last, by mailing a legibly handwritten, self-addressed, stamped envelope (“SASE”) with sufficient postage and a return address, including first and last name, street address, city, state and ZIP or postal code to: Find The Golden EnerGel® Sweepstakes Game Code Request, The Buddy Group, Inc., 13700 Alton Pkwy. Suite 164-290, Irvine CA 92618. DO NOT SEND ANY WINNING CODES COMMENTS OR QUESTIONS TO THIS ADDRESS. One (1) Find The Golden EnerGel® Sweepstakes game code will be mailed in response to each mail-in request that complies with the requirements of these Official Rules, while supplies last. Mail-in requests, including both outer envelope and SASE, must be handwritten. Outer envelope must include a return address in the upper left hand corner that matches the requestor’s street address, and must be postmarked no sooner that June 1, 2012, and must be postmarked no later than October 17, 2012, and received by Sponsor no later than October 22, 2012. If the Find The Golden EnerGel® Sweepstakes runs long, these date are subject to a corresponding extension. Requests from Vermont (“VT”) residents that are postmarked in VT may omit return postage. Requests from VT residents that are postmarked outside of VT and omit return postage may be required to provide proof of VT residency to Sponsor’s reasonable satisfaction before requests are fulfilled. Each request must be mailed in a separate stamped outer mailing envelope with the requestor’s first and last name, street address, city, state and ZIP or postal code (name and address must match the return name and address on SASE) legibly handwritten in the upper left hand corner of the outer envelope. Requests that are sent in business reply envelopes that utilize address labels or stickers (for any address), that are photocopied, hand-stamped, computer-generated or otherwise mechanically or digitally produced or reproduced, that are not mailed in separate outer stamped mailing envelopes, are illegible or that otherwise fail to comply with these Official Rules will NOT be honored, acknowledged or returned, and the persons submitting such requests will forfeit any corresponding postage and unused envelopes. Sponsor will NEITHER send Find The Golden EnerGel® Sweepstakes game codes NOR honor, acknowledge or return any Find The Golden EnerGel® Sweepstakes game code requests once supplies of Find The Golden EnerGel® Sweepstakes game codes have run out. Sponsor will not replace any lost or damaged Find The Golden EnerGel® Sweepstakes game codes.

Transfer: The transfer of any Golden EnerGel® by an ineligible person to an eligible person is strictly prohibited except as follows: (a) a With Purchase Participant who is under the age of thirteen (13) can transfer a Golden EnerGel® obtained via purchase to an eligible parent or legal guardian; (b) a Participant who is under the age of eighteen (18) must transfer a Golden EnerGel® obtained via purchase or the alternative method of entry to an eligible parent or legal guardian to redeem a Prize; (c) if a Participant (who is not a minor) does not have immediate Internet access, the Participant may, (i) choose to inquire in his or her locality about where and how that access can be obtained (e.g., a public library); or (ii) ask a trusted person with Internet access and a valid email address who is eighteen (18) years of age or older to enter game codes obtained via the alternative method of entry or redeem the potential winning Golden EnerGel® on Participant's behalf. Such person must provide Participant's name and address information for any potential Prize claim. Subject to these Official Rules, the Prize will then be sent to Participant at the address provided during the Prize claim process. Neither Sponsor nor any other person or entity shall be liable or responsible for any mis-redemption due in whole or in part to any Prize redemption permitted hereunder. Potential winners may not transfer their Prize or their Golden EnerGel® unless authorized in writing by Sponsor prior to transfer. Such authorization may be granted or withheld in Sponsor's sole discretion. Requests for transfer must be in writing and must be included with the completed Prize Claim Materials subject to Verification as applicable. 

HOW TO FIND THE GOLDEN ENERGEL® SWEEPSTAKES: POTENTIAL WINNER PROCEDURE

With Purchase: Purchase a specially marked Pentel® EnerGel® product package sold at participating retail stores, while supplies last, in the Territory, during the Find The Golden EnerGel® Sweepstakes Period. If the purchased Pentel® EnerGel® product package contains a Golden EnerGel®, as defined in Rule 5 above, then the Participant is a potential winner of a Prize. Such Participant must visit Sponsor’s Facebook® Page at www.facebook.com/PentelofAmerica and do the following: (a) locate and click on the Tab for the Find The Golden EnerGel® Sweepstakes; (b) follow the online instructions to complete and thereafter submit an eligible Find The Golden EnerGel® Sweepstakes game code entry form; (c) enter and submit the potential winning Find The Golden EnerGel® Sweepstakes game code to view a potential winning message; (d) when verified by Verification, and if all Prizes have not already been awarded, such Participant is the winner of a Prize.

Without Purchase: Obtain a game code via the alternative method of entry as set forth in Rule 5B above. With such game code in hand, visit Sponsor’s Facebook® Page at www.facebook.com/PentelofAmerica and do the following: (a) click to “Like” Sponsor’s Facebook® Page in order to access the Find The Golden EnerGel® Sweepstakes Tab; (b) locate and click on the Tab for the Find The Golden EnerGel® Sweepstakes App; (c) follow the online instructions to complete and thereafter submit a Find The Golden EnerGel® Sweepstakes game code entry form; (d) enter and submit the Find The Golden EnerGel® Sweepstakes game code you received by mail; (e) you will be immediately directed to the appropriate potential winning or losing message; (f) if a potential winning message is displayed, when verified by Verification, and if all Prizes have not already been awarded,  you are the winner of a Prize.

WEEKLY DRAWINGS

How To Enter Weekly Drawings: Go to Sponsor’s Facebook® Page at www.facebook.com/PentelofAmerica during the Find The Golden EnerGel® Sweepstakes Period; then “Like” Sponsor’s Page and follow the online instructions to complete the weekly drawing registration form. Each completed registration will entitle an individual to one (1) entry in the Weekly Drawings. In order to enter the Weekly Drawings prospective entrants must use the Facebook® “Like” function for Sponsor’s Facebook® page. All required Entry Information must be completed in full, be accurate and valid. Any attempt by any entrant to obtain more than the stated number of entries by using multiple or different email addresses, identities, registrations and logins, or any other methods will void all of that entrant's entries and that entrant will be disqualified. Multiple entrants are not permitted to share email addresses. Enter once each calendar week during the Find The Golden EnerGel® Sweepstakes Period for a chance to win the weekly prize or prizes. Limit: One (1) entry per person, per week. A Participant who is under the age of eighteen (18) must transfer entries to his or her parent or legal guardian to redeem a Weekly Drawings Prize. All entries become the sole property of Sponsor and will not be returned or acknowledged. Non-winning Weekly Drawings entries will not be carried forward into the subsequent Weekly Drawings, if any.

Weekly Drawings Prizes/Odds/Details: Weekly Drawings Prizes will consist of Pentel® product or products, as determined in the sole discretion of Sponsor. The odds of winning depend on the number of eligible entries received for the Weekly Drawings for any given week and the number of Weekly Drawings Prizes offered for any given week. The Approximate Retail Value (“ARV”) will range from $5 to $20, denominated in US dollars, depending on the particular Pentel® product. The maximum ARV of Weekly Drawings Prizes is to be $20. The total ARV for all prizes offered in the Weekly Drawings is $440.

Random Drawings: Weekly random drawings will be held once per week on or about each Friday during the Find The Golden EnerGel® Sweepstakes Period, from all valid entries received. Potential winners of Weekly Drawings Prizes will be notified by email at the email address submitted with the entry form within one (1) calendar week of the Weekly Drawing. If potential winner cannot be reached or fails to respond for a period of seven (7) calendar days following first attempted notification, any prize may be forfeited and an alternate winner will be randomly selected from among all remaining eligible entries received for that same week's Weekly Drawings. Potential winners (or the parent or legal guardian of a minor) must complete, execute and return any and all Weekly Drawings Prize claim forms and materials that Sponsor may deliver in its sole discretion within (7) calendar days of receipt. Once the potential winner has been verified and determined to be in compliance with these Official Rules, notification to the winner will be made and the Weekly Drawings Prize or Prizes will be awarded. Non-compliance within this time period or non-return of Weekly Drawings Prize claim forms and materials may result in disqualification and an alternate winner or alternative winners will be randomly selected from among all remaining eligible entries received for that same week’s Weekly Drawings. 

General Prize Restrictions: All terms, conditions, and restrictions set forth in Rule 10 apply as to Weekly Drawings Prizes.

Conditions on Prize Claims: All terms, conditions, and restrictions set forth in Rule 12B, 12C, 12D and 12E apply as to Weekly Drawings Prizes.

Other Applicable Rules: All terms, conditions, and restrictions set forth in Rules 13 through 20 apply as to Weekly Drawings in addition to the Find The Golden EnerGel® Sweepstakes.

RELEASE OF FACEBOOK®. You acknowledge that the Find The Golden EnerGel® Sweepstakes and Weekly Drawings are in no way sponsored, endorsed or administered by, or associated with Facebook®. Any information you provide will be provided to Sponsor and not to Facebook®. You agree to release Facebook® from all liability relating to this promotion. You will release and hold Facebook® harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim or cause of action arising out of or related to the Find The Golden EnerGel® Sweepstakes and Weekly Drawings (including without limitation, for injury, loss, expense, death, or damage to person or property), including without limitation the publicity or administration thereof.

SWEEPSTAKES PRIZES/ODDS OF WINNING/DETAILS. The odds of winning a Find The Golden EnerGel® Sweepstakes Prize (“Sweepstakes Prize”) are approximately 1:3049. Approximately 1,000,000 total Pentel® EnerGel® specially marked product packages are available for distribution to participating retail stores in the Territory. Approximately 328 Pentel® EnerGel® specially marked product packages contain a Golden EnerGel®. Approximately 109,757 Find The Golden EnerGel® Sweepstakes game codes are available for distribution via the alternative method of entry by mail. Approximately 36 of the Find The Golden EnerGel® Sweepstakes game codes for distribution via the alternative method of entry are winning Find The Golden EnerGel® Sweepstakes game codes. Sweepstakes Prizes will be awarded one (1) prize per winning code, while supplies last, on a first-come-first-serve basis in the order of the Sweepstakes Prize List detailed below. The number of Pentel® EnerGel® specially marked product packages, Find The Golden EnerGel® Sweepstakes game codes distributed via the alternative method of entry and the number and type of Sweepstakes Prizes available at the beginning of the Find The Golden EnerGel® Sweepstakes will decrease as Pentel® EnerGel® specially marked product packages are purchased, Find The Golden EnerGel® Sweepstakes game codes are distributed and Sweepstakes Prizes are awarded.

Approximate Retail Values (“ARV”) for Sweepstakes Prizes are based the manufacturer’s suggested retail price in the Territory at the start date of the Find The Golden EnerGel® Sweepstakes Period. Actual values may vary. All prices are denominated in US Dollars. The total ARV for all prizes to be offered in the Find The Golden EnerGel® Sweepstakes is $14,740.

DETAILS, RESTRICTIONS, AND/OR QUALIFICATIONS MAY APPLY TO SWEEPSTAKES PRIZES. Sweepstakes Prizes include the following (“Sweepstakes Prize List”):

One (1) Laptop Computer. Two (2) Sweepstakes Prizes available. ARV: $500. The brand, type, model, specifications, price up to the approximate retail value and all other details of the Prize will be selected by Sponsor in its sole discretion. Actual value may vary based on the Prize selected. The approximate odds of winning this Prize is 1:500,000.

One (1) iPad® (16GB)(Wi-Fi). Two (2) Sweepstakes Prizes available. ARV: $500. The approximate odds of winning this Prize is 1:500,000.

Two (2) iPod nano® (16GB). Ten (10) Sweepstakes Prizes available. ARV: $299. The approximate odds of winning this Prize is 1:100,000.

One (1) Fifty Dollar ($50) iTunes® Gift Card. One Hundred (100) Sweepstakes Prizes available. ARV: $50. The approximate odds of winning this Prize is 1:10,000.

One (1) Twenty-Five Dollar ($25) Visa® Gift Card. One Hundred and Fifty (150) Sweepstakes Prizes available. ARV: $25. The approximate odds of winning this Prize is 3:20,000.

One (1) Ten Dollar ($10) Starbucks® Gift Card. One Hundred (100) Sweepstakes Prizes available. ARV: $10. The approximate odds of winning this Prize is 1:10,000.

Important Disclaimer: Apple®, Visa®, Starbucks®, and any other manufacturer or supplier of Prizes are not participants in or sponsors of this promotion. You acknowledge that the Find The Golden EnerGel® Sweepstakes and Weekly Drawings are in no way sponsored, endorsed or administered by, or associated with such parties.

GENERAL PRIZE RESTRICTIONS. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. UNCLAIMED PRIZES WILL NOT BE AWARDED. The awarding of Prizes is subject to Verification and compliance with these Official Rules. If a potential winner cannot accept a Prize as stated that Prize will be forfeited in its entirety. Prizes are not transferable. Prizes are not redeemable for cash. No substitutions or exchanges (including for cash) is permitted, except that Sponsor reserves the right in its sole discretion to substitute a prize of equal or greater value for any Prize. Other specifications and details associated with Prizes will be selected by Sponsor in its sole discretion. Prizes will be delivered only to an address in the Territory and stated in the claim information completed by the winner. All Prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Sponsor will not replace any lost or stolen Prizes. Any costs and expenses not specified herein and associated with the acceptance and use of a Prize as being awarded are the sole responsibility of each winner. “Prize” means any Weekly Drawings Prize, Sweepstakes Prize or both of them.

CLAIMING A SWEEPSTAKES PRIZE. Claiming a Sweepstakes Prize requires Internet access by computer or electronic device and a valid email address. Upon receiving a potential winning message on Sponsor’s Facebook® Page, via the Find The Golden EnerGel® Sweepstakes Tab detailed in Rule 6, a potential winner will be sent a potential winner notification by email and accompanying Verification and Prize claim materials. The potential winner should follow the instructions and comply with the conditions contained in his or her winner notification. A winner is not a recipient of a Sweepstakes Prize until he or she has been verified by Verification as the winner by the Sponsor and has met all of the terms and conditions of these Official Rules. Sponsor reserves the right to disqualify any entrant whose eligibility is in question. Retain the potential winning Find The Golden EnerGel® Sweepstakes game code; you may need to submit it with your claim. 

The following Sweepstakes Prizes are subject to additional terms and conditions described below and may vary:

Gift Cards: iTunes®, Visa®, Starbucks®

$50 iTunes® Gift Cards. Each winner will receive an iTunes® gift card, physical or virtual, to be determined in the sole discretion of Sponsor, valid for future purchases on the iTunes® Store, equal to the value of the Prize. In order to redeem the iTunes® gift card, each winner must must have or open an iTunes® Store account in the Territory. The iTunes® Store is available only to persons thirteen (13) years of age or older in the Territory. Requires iTunes® 6.0 or later (7.0 or later for video), compatible hardware and software, and Internet access (fees may apply). Any value on the iTunes® gift card is not replaceable if the gift card is lost, stolen or destroyed. iTunes® gift cards are not redeemable for cash and cannot be returned for a cash refund (except as required by law). No expiration date. iTunes® gift cards are subject to terms and conditions. See http://www.apple.com/legal/itunes/us/terms.html#SERVICE for more information.

$25 Visa® Gift Card. Each winner will receive a Visa® gift card equal to the value of the Prize. The Visa® gift card is a prepaid card that is welcome everywhere Visa® debit cards are accepted. The Visa® gift card is issued by a bank pursuant to terms and conditions determined by the bank and that create a contract between the cardholder and the bank. The bank that issues the Visa® gift card is referred to as the card issuer. Visa® gift cards are loaded with a set amount of funds on the card and can be used for multiple purchases for as long as value remains on the card. Additional funds cannot be added later. The issuer will provide you with those terms and conditions and you should review them carefully and contact the issuer with any questions regarding those terms and conditions. Follow the activation instructions provided by the issuer with your Visa® gift card. Refer to the materials that come with your Visa® gift card to determine the Lost and Stolen Card policies of the issuer that issued your Visa® gift card. No expiration date. See http://usa.visa.com/personal/cards/prepaid/using-gift-cards.html for more information.

$10 Starbucks® Gift Cards. Each winner will receive an Starbucks® gift card, physical or virtual, to be determined in the sole discretion of Sponsor, valid for future purchases at participating Starbucks® stores, equal to the value of the Prize. Unless otherwise required by law or permitted by Starbucks® terms and conditions, any amount on your Starbucks® gift card is nonrefundable and may not be redeemed for cash. If your Starbucks® gift card is lost, stolen or destroyed, the Starbucks® gift card can be replaced with the balance remaining on it at the time of your call to a Starbucks® designated phone line, but only if the Starbucks® gift card has been registered it with Starbucks®. No expiration date. Prize is subject to terms and conditions at https://www.starbucks.com/card/card-terms-and-conditions.

Merchandise Prizes. Sweepstakes Prizes that are merchandise are subject to manufacturer’s warranty, if any. 

CONDITIONS ON PRIZE CLAIMS

Redemption Deadline: All Sweepstakes Prize claim materials received in the winner notification mailing must be completed in full and returned for receipt by December 5, 2012 (“Redemption Deadline”). Receipt after that date will invalidate the Sweepstakes Prize claim and cause the Sweepstakes Prize to be forfeited. If any potential Sweepstakes Prize winner (or such minor’s parent or legal guardian) fails or refuses to properly sign and return all Sweepstakes Prize claim materials by the Redemption Deadline or if the Sweepstakes Prize claim documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential Sweepstakes Prize winner will be disqualified and/or otherwise forfeits his or her Sweepstakes Prize. Sweepstakes Prize claim materials become the sole property of Sponsor and will not be returned.

Eligibility: Sponsor reserves the right to disqualify any entrant whose eligibility is in question. Find The Golden EnerGel® Sweepstakes game codes or Weekly Drawings entries generated by script, macro or other automated means will be void. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of this promotion or any applicable Facebook® pages or applications, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other individual. 

CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE FACEBOOK® OR ANY WEBSITE RELATED TO THE FIND THE GOLDEN ENERGEL® SWEEPSTAKES AND WEEKLY DRAWINGS OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF THESE OFFICIAL RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. ANY PERSON ATTEMPTING TO FORGE PRIZE CLAIM MATERIALS OR DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THE FIND THE GOLDEN ENERGEL® SWEEPSTAKES AND WEEKLY DRAWINGS MAY BE PROSECUTED TO THE FULLEST EXTENT PERMITTED BY LAW.

Participants assume all risk of loss, damage, destruction, delay and misdirection of Prize claim materials and are advised to obtain insurance where appropriate. Sponsor shall not held responsible or liable for failure to contact potential winners who provide incomplete or incorrect contact information. 

Identity of the Participant: In the event of a dispute as to the identity of a potential winner, any Weekly Drawings entry or Sweepstakes online submission form will be deemed submitted by the authorized account holder of the email account for the email address provided in such entry or online submission form. The authorized account holder for an email account shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider or other online organization responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning submission. If a dispute cannot be resolved to Sponsor’s sole satisfaction, the submission will be deemed ineligible and the potential winner will be disqualified. 

Affidavit and Release. As a condition of being awarded any Prize, each potential winner may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, publicity, and or any other legal, regulatory or tax-related documents required by Sponsor in its sole discretion.

Prize Notification. All Prize winners officially will be determined by December 31st, 2012. Once the potential winner has been verified by Verification and found to be in compliance with these Official Rules, the potential winner becomes an official winner. The official winner will be attempted to be notified by email and thereafter awarded his or her Prize.

DISPUTES AND LIMITATION OF LIABILITY. Each Participant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion or these Official Rules shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place in a federal or state court within the State of California and shall be governed by, and construed in accordance with, the internal laws of the State of California including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws; (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 Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim 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. 

RELEASE AND INDEMNITY OF SPONSOR; DISCLAIMER. By participating in any way in the Find The Golden EnerGel® Sweepstakes and Weekly Drawings, you accept and agree to release and hold harmless Sponsor and its retailers, suppliers, distributors, manufacturers, advertising and promotion agencies, professional advisors and consultants, promotion administrators, and their respective parents, successors, affiliates, subsidiaries, directors, officers, employees, agencies, agents, representatives and independent contractors (collectively, "Released Parties") from ANY AND ALL liability of any injuries, losses or damages of any kind caused by or in connection with, in whole or in part, directly or indirectly, the Find The Golden EnerGel® Sweepstakes and Weekly Drawings, or the delivery, mis-delivery, acceptance, possession, use of, misuse of or inability to use any Prize, or travel-related activities, or your transmission of any message, content, information, software, or other materials, and release, indemnify and hold harmless the Released Parties from ANY AND ALL liability of any injuries, losses or damages of any kind, directly or indirectly, for your breach or violation of the law or of these Official Rules (and, as to any and all of the above: including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort [including negligence], warranty or other theory). Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sponsor’s defense of such claim. 

Released Parties are not responsible for (a) technical, computer, hardware or software errors, interruptions, malfunctions or failures, (b) telephone failures of any kind, (c) lost or unavailable or congested Internet or network connections, (d) any errors or failures of any kind, whether human, mechanical, clerical, or electronic in nature, (e) failed, incorrect, inaccurate, incomplete, illegible, lost, misrouted, stolen, delayed, late, garbled or distorted or damaged online submission forms (all of which will be deemed void) and communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Find The Golden EnerGel® Sweepstakes and Weekly Drawings, which may limit the ability to participate or by any human error or intervention which may occur in the processing of entries in this Find The Golden EnerGel® Sweepstakes and Weekly Drawings. Released Parties are not responsible for any printing or typographical errors in any materials associated with the Find The Golden EnerGel® Sweepstakes and Weekly Drawings. Sponsor reserves the right to modify, terminate, or suspend the online submission process should viruses, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of the Find The Golden EnerGel® Sweepstakes and Weekly Drawings. Released Parties are not responsible for any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Find The Golden EnerGel® Sweepstakes and Weekly Drawings.

Participants waive the right to assert as a cost of winning, any and all costs of Verification and redemption or travel to claim a Prize and any liability and publicity that may arise from claiming or seeking to claim a Prize. 

USE OF WINNER NAME, LIKENESS, ETC. Except where prohibited by law, entry into the Find The Golden EnerGel® Sweepstakes and Weekly Drawings constitutes permission to use each official winner’s name, hometown, photograph, video, voice recording, likeness and/or prize information, without limitation, for promotional or publicity purposes, as well as any other purpose associated with this Find The Golden EnerGel® Sweepstakes and Weekly Drawings, in perpetuity, in any media and throughout the world without further permission or compensation. As a condition of being awarded any Prize, except where prohibited by law, each official winner may be required to execute a consent to effectuate the foregoing. Sponsor reserves the right to announce the official winners by press release, Facebook® post, at an event, or any combination of them, so long as the announcement comes after notification of the Prize as described by these Official Rules.

PRIVACY POLICY. Sponsor, and not Facebook®, will be collecting your personal information, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://www.pentel.com/privacy-policy/. By participating in the Find The Golden EnerGel® Sweepstakes and Weekly Drawings, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy. 

GENERAL TERMS. 

Governing Law. 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 Find The Golden EnerGel® Sweepstakes and Weekly Drawings, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of California, or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.

Partial Invalidity. Any provision of these Official Rules deemed unenforceable or invalid will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.

WINNER LIST; RULES REQUEST. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after January 1, 2013 and before January 1, 2014 to Sponsor at the address listed below, Attn: “Find The Golden EnerGel® Sweepstakes” Winner List. To obtain a copy of these Official Rules, visit www.Pentel.com or send a stamped, self-addressed, business-size envelope on or before January 1, 2013 to Sponsor at the address listed below, Attn: “Find The Golden EnerGel® Sweepstakes” Official Rules. Residents of Vermont may omit return postage.

Sponsor: Pentel of America, Ltd., 2715 Columbia Street, Torrance, CA 90503. Pentel® and EnerGel® are registered trademarks of Pentel of America, Ltd., all rights reserved.

Others: Facebook® is a registered trademark of Facebook, Inc. Apple®, iPad®, iPod nano®, and iTunes® are registered trademarks of Apple, Inc. Visa® is a registered trademark of Visa International Services Association. Starbucks® is a registered trademark of Starbucks U.S. Brands, LLC. All rights reserved by their respective owners.