The Power of Pentel™ Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
PENTEL OF AMERICA, LTD. PRESENTS: POWER OF PENTEL SWEEPSTAKES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SOCIAL MEDIA ENGAGEMENT IS OPTIONAL AND 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. VOID WHERE PROHIBITED. Participation and Prize Redemption Require Internet Access and A Valid Email Address.
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 POWER OF PENTEL Sweepstakes consists of a random drawing for prizes as well as optional participation in social media to write and share stories of favorite heroes. (POWER OF PENTEL Sweepstakes”). The POWER OF PENTEL Sweepstakes starts on July 1st, 2014 at 12:00:00 p.m. (noon) Pacific Standard Time (PST) on and ends on September 30th, 2014 at 11:59:59 p.m. PST (“Sweepstakes Period”). Void where prohibited. The POWER OF PENTEL Sweepstakes is governed by these Official Rules. Pentel of America, Ltd. is hereinafter called “Sponsor”. Sponsor’s designated computer is the official time keeping device.
- ELIGIBILITY. This POWER OF PENTEL Sweepstakes is open only to eligible legal residents of the 50 United States and the District of Columbia (the “Territory”) who are thirteen (13) years of age or older as of July 1, 2014. The POWER OF PENTEL Sweepstakes is 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 persons identified in (a) and (b) above; (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 POWER OF PENTEL Sweepstakes. Each participant may enter only as an individual on behalf of himself or herself. All applicable federal, state and local laws and regulations apply.
ONLY PARTICIPANTS LOGGING ONTO THE INTERNET FROM WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ARE ELIGIBLE TO ENTER THE SWEEPSTAKES. YOU MAY NOT PARTICIPATE IF YOU ARE NOT A LEGAL U.S. RESIDENT AND PHYSICIALLY LOCATED IN THE U.S. AT THE TIME OF ENTRY. 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 POWER OF PENTEL Sweepstakes (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 POWER OF PENTEL Sweepstakes.
- 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 named the winner (“Verification”).
- METHODS OF ENTRY. Participant may complete the online entry form between July 1st and September 30th, and no later that 11:59:59 p.m. on Sponsor’s website located at http://www.pentel.com/power. To complete the online entry form Participant must visit Sponsor’s website and do the following: (a) follow the online instructions to complete and thereafter submit an eligible entry form; and (b) participate in the social media engagement of writing and sharing a story of a favorite hero. Alternatively, Participant may enter via social media sites such as Facebook®, Twitter®, or Pinterest®. To enter via social media sites Participant must participate in the social media engagement of writing and sharing of a story of a favorite hero using the hashtag designation #PentelHero. Alternatively, Participant may enter without the participation in the social media engagement of writing and sharing a story of a favorite hero. To enter without participation in the social media engagement of writing and sharing a story of a favorite hero, Participant must send an email with the Subject Line POWER OF PENTEL Sweepstakes to firstname.lastname@example.org including your name, age and email address. For purposes of these Sweepstakes, “receipt” of an Internet entry occurs when Sponsor’s designated servers record the entry information resulting from the participant clicking the “Submit Entry” button. All entries become the property of Sponsor and will not be returned. Limit one (1) entry per person using one (1) email address throughout the Sweepstakes Period, regardless of the method of entry or combination thereof. Entries received from any person, email address and/or social media account in excess of the stated limitation will be void.
All content submissions via social media engagement must strictly follow the following terms to qualify:
Entries must be of Participant’s own original creation and execution. Entries must be submitted in English. Your entry submission must not have been published previously, in whole or in part, or have been submitted to any other promotion. Submissions must not misappropriate, infringe upon or violate the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must not defame any person or entity, or violate any law. Submissions must not contain profanity; sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, weapons, hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm to another living creature; or any other offensive, obscene, or inappropriate content. Any entry submission that relates to or contains references to any third-party businesses or organizations may be disqualified in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry it deems offensive, defamatory, harmful, deceptive, inaccurate, inappropriate, not consistent with Sponsor’s image or reputation, or not in compliance with these Official Rules.
- RELEASE OF FACEBOOK®, TWITTER® AND PINTEREST®. You acknowledge that the POWER OF PENTEL Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook®, Twitter®, or Pinterest.®. Any information you provide will be provided to Sponsor and not to Facebook®, Twitter®, or Pinterest®. You agree to release Facebook®, Twitter®, and Pinterest® from all liability relating to this promotion. You will release and hold Facebook®, Twitter®, and Pinterest® 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 POWER OF PENTEL Sweepstakes (including without limitation, for injury, loss, expense, death, or damage to person or property), including without limitation the publicity or administration thereof.
- ODDS OF WINNING. The actual odds of winning will depend on the actual number of eligible entries received.
- RANDOM DRAWING. There will be ten (10) prize winners. Prize winners will be selected from all eligible entries in computerized random drawings over the course of the entry period. Decisions related to the administration and operation of prize winner selection is final and binding in all matters related to this Sweepstakes.
- PRIZES. Approximate Retail Values (“ARV”) for Sweepstakes Prizes are based the manufacturer’s suggested retail price in the Territory at the start date of the Sweepstakes Period. Actual values may vary. All prices are denominated in US Dollars. The total ARV for all prizes to be offered in the POWER OF PENTEL Sweepstakes is $5000.
Sweepstakes Prizes include the following for each winner (“Sweepstakes Prize List”): Two (2) Backpacks and a selection of Pentel® products. Ten (10) 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 selections.
- 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. Only the prizes specified above will be awarded. 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 Sweepstakes Prize.
- CLAIMING A SWEEPSTAKES PRIZE. Claiming a Sweepstakes Prize requires Internet access by computer or electronic device and a valid email address. A potential winner will be sent a potential winner notification by email and any accompanying Verification and Prize claim materials as attachments. 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.
- 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 the date specified in the notification mailing (“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. 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 social media pages, websites, 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 ANY WEBSITE RELATED TO THE POWER OF PENTEL SWEEPSTAKES 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 POWER OF PENTEL SWEEPSTAKES 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 be 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 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. 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.
- PARTICIPANT REPRESENTATIONS AND WARRANTIES. Participant warrants, represents and agrees that, in the course of participation in this POWER OF PENTEL Sweepstakes, Participant shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any Contest entry submission to further any commercial or promotional purposes; or (c) misappropriate, infringe upon or violate the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person and must not defame any person or entity, or violate any law; or (d) post any entry content that is offensive, defamatory, harmful, deceptive, inaccurate, not consistent with Sponsor’s image or reputation, or otherwise inappropriate; or (e) disseminate or otherwise submit any entry to any other entity for publication. You warrant, represent and agree that you own all right, title and interest to the entry submission and have not previously published the entry content submission in any medium. Participant further represents and warrants that Participant will not use personally identifying information in Participant’s entry content submission. You further acknowledge and agree that Sponsor is in no way obligated to publish or use Participant’s content entry in any way. Participant confirms that any and all statements that you make will reflect your honest opinions, beliefs or experiences, and that any representations made will be true and accurate to the best of your knowledge. You further warrant, represent and agree that your entries will not be subject to payment obligations of any third party, and will be original to you and comply with these Official Rules.
- 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 POWER OF PENTEL Sweepstakes, 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 POWER OF PENTEL Sweepstakes, 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. acknowledges that the foregoing parties have
Participant acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.
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 POWER OF PENTEL Sweepstakes, which may limit the ability to participate or by any human error or intervention which may occur in the processing of entries in this POWER OF PENTEL Sweepstakes, or any combination thereof. Released Parties are not responsible for any printing or typographical errors in any materials associated with the POWER OF PENTEL Sweepstakes. 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 POWER OF PENTEL Sweepstakes. 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 POWER OF PENTEL Sweepstakes. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors.
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.
- OWNERSHIP OF ENTRY CONTENT. To the extent that the entry submission and all of its contents, in whole and in part, are not considered a “work made for hire,” with all rights therein, Participant hereby irrevocably assigns, transfers, and conveys, and Sponsor hereby accepts, all rights, title and interest, solely and exclusively, to all of Participant’s entry submission and all of its content, in whole and in part; namely, Participant’s sweepstakes entry submission. Sponsor’s rights include, without limitation, the unrestricted right to reproduce, copy, display, publish, publicly perform, store, transmit, broadcast, encode, exhibit, modify, cut, rearrange, add to, delete from, create derivative works of, adapt, distribute, translate, incorporate into, use or otherwise reuse, and license any of the foregoing rights, for any purpose in any media now or hereafter known, in perpetuity, worldwide, in any manner as Sponsor may determine or authorize in its sole discretion, without additional permission, approval or compensation. The foregoing includes but is not limited to any work, product or service made with or including Participant’s entry content, whether electronically or in print; any online posting of entries, publications, books, electronic books, marketing and advertising materials, commercials and any other media; and exploitation, distribution, exhibiting, publicizing, advertising, and promotion of any work, product or service made with or including Participant’s entry content. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the entry submission or any of its contents. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies and agents with respect to all Participants. Sponsor is under no obligation to use the entry submission for any purpose. Sponsor does not necessarily endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any entry content or communication posted nor does Sponsor endorse any opinions expressed in any entry. Entries will not be acknowledged or returned, except as in Sponsor’s sole discretion.
- USE OF WINNER NAME, LIKENESS, ETC. Except where prohibited by law, entry into the POWER OF PENTEL Sweepstakes constitutes permission to use each official winner’s name, hometown, photograph, video, voice recording, likeness and/or prize information, for all legitimate business purposes, including, without limitation, advertising, promotional or publicity activities, as well as any other purpose associated with this POWER OF PENTEL Sweepstakes, in perpetuity, in any media and throughout the world, in any and all media now known or hereafter developed (including, without limitation, print, broadcast and Internet) 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.
- 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 POWER OF PENTEL Sweepstakes 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 October 1, 2014 and before January 1, 2015 to Sponsor at the address listed below, Attn: POWER OF PENTEL Winner List. To obtain a copy of these Official Rules, send a stamped, self-addressed, business-size envelope on or before September 30th, 2014 to Sponsor at the address listed below, Attn: POWER OF PENTEL Sweepstakes Official Rules. Residents of Vermont may omit return postage.
- Sponsor: Pentel of America, Ltd., 2715 Columbia Street, Torrance, CA 90503. Pentel® is a registered trademark of Pentel of America, Ltd., all rights reserved.
- Others: Facebook® is a registered trademark of Facebook, Inc. Twitter® is a registered trademark of Twitter, Inc. Pinterest®, is a registered trademark of Pinterest, Inc. All rights reserved by their respective owners.
© 2014 Pentel of America, Ltd. All rights reserved.