EnerGel For Life Sweepstakes
PENTEL OF AMERICA, LTD. PRESENTS: PENTEL ENERGEL PENS FOR LIFE SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. PURCHASES WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 U.S. AND DISTRICT OF COLUMBIA, (EXCLUDING RESIDENTS OF FLORIDA, NEW YORK AND THE U.S. TERRITORIES AND POSSESSIONS). 18 YEARS OF AGE OR OLDER, OR 13 TO 17 YEARS OF AGE AS OF DATE OF ENTRY WITH CONSENT OF A PARENT OR GUARDIAN. ONLY ONE (1) ENTRY PER VERIFIED EMAIL ADDRESS. ONLY ONE WINNER PER HOUSEHOLD. To enter using the Free Alternative Method of Entry, click here .
DETAILS, QUALIFICATIONS, AND RESTRICTIONS FOR PARTICIPATION APPLY. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. THIS PROMOTION IS VOID IN NEW YORK AND FLORIDA AND ALSO VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATION. NEED NOT BE PRESENT TO WIN. NO SUBSTITUTION WILL BE GENERALLY ALLOWED. PRIZES MAY NOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION. THIS SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
Pentel Energel Pens For Life Sweepstakes (the “Sweepstakes”) consists of 20 randomized sweepstakes drawings, one drawing on or about every 13 calendar days of the Sweepstakes Period (the “Drawing”). The Sweepstakes begins online on 5/01/20 At 12:00:01 A.M. Pacific Daylight Time (PDT) and ends 12/31/20 at 11:59:59 P.M. PDT (the “Sweepstakes Period”). For the Drawing, one winner will be chosen at random from among eligible entries at the time of the Drawing. The last Drawing will take place on or about 1/01/21. The Sweepstakes will have 20 winners, one winner for each Drawing. The odds of winning depend on the number of eligible entries received at the time of the Drawing.
Entrants must meet the eligibility requirements of the Official Rules. Individuals affiliated with Sponsor are ineligible to enter and win any prizes. All Entries must be complete to be eligible. This Sweepstakes may only be entered in or from the fifty (50) United States and District of Columbia (excluding Florida, New York and the U.S. territories and possessions). Entries originating from any other jurisdiction are not eligible for entry. Official winners (or his/her parent/legal guardian if winner is a minor in his/her state of residence) may be required to sign an affidavit of eligibility and receipt. Taxes, where applicable, are the sole responsibility of winner. Failure to comply with the Official Rules will void an entry. See Official Rules for complete details and restrictions.
IMPORTANT INFORMATION: Please read these rules (“Official Rules”) carefully before entering the Sweepstakes. By submitting an entry, you agree to be bound by these Official Rules, and you acknowledge that you satisfy all the eligibility requirements and other conditions below.
Administrator’s clock is the official time keeping device of the Sweepstakes. Administrator’s Drawing algorithm is the official drawing method of the Sweepstakes. Sponsor reserves the right to modify the scheduling of this Sweepstakes without prior notification to the greatest extent allowed by applicable law. Decisions of the Promotion Entities will be final and binding in all matters related to the Sweepstakes.
- ELIGIBILITY. The Sweepstakes is made available to Entrants, defined below, residing in one of the fifty (50) United States and District of Columbia (excluding Florida, New York, and the U.S. territories and possessions), where not prohibited by law (the “Eligibility Area”). The Sweepstakes is open only to eligible legal residents of the Eligibility Area who are eighteen (18) years of age or older as of the date of entry, or to those who are between thirteen (13) years of age and seventeen (17) years of age as of the date of entry who have obtained consent of a parent or legal guardian. The Sweepstakes may only be entered from and in eligible jurisdictions. The Sweepstakes is not open to: (a) directors, officers, employees, agents and independent contractors of Sponsor, or of its parents, affiliates, subsidiaries, professional advisors, consultants, or advertising or promotional agencies; (b) directors, officers, employees, and agents and independent contractors of any business entity retained by Sponsor for the administration of or otherwise associated with the Sweepstakes; (c) immediate family members (parents, children, siblings, spouse) of (a), (b), or the both of them. Each Entrant may enter only as an individual on behalf of one’s self. Each Entrant must agree to these Official Rules made available via hyperlinks on the Sweepstakes web page or online entry form. An Entrant who becomes a winner in one Drawing is not eligible to win other Sweepstakes Drawings to occur later in time. Only one (1) winner per household. Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any robotic, automatic, programmed or similar entry method to obtain more than the stated number of entries per day will void your entry/entries and result in disqualification. Promotion Entities, in their sole discretion, reserves the right to disqualify any person who tampers with the entry process, or the Sponsor’s website, or who otherwise violates these Official Rules. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Failure to submit all required information in the manner and format required in these Official Rules may result in disqualification. All entries must be complete in order to be eligible. Entrants and entries are subject to Verification by Promotion Entities. Proof of receipt of submission of entry does not constitute proof of receipt of entry. ANY ENTRANT THAT DOES NOT MEET ANY OF THESE REQUIREMENTS OR ANY OTHER CONDITIONS IS NOT ELIGIBLE TO WIN ANY PRIZE AND SPONSOR RESERVES THE RIGHT NOT TO AWARD ANY PRIZE TO SUCH ENTRANT. “Entrant” or “you” means an eligible entrant under these Official Rules. All applicable federal, state, and local laws and regulations apply. Void where prohibited.
Approximate Retail Values (“ARV”) for a Prize is based the Sponsor’s suggested retail price in the Eligibility Area at the start of the Sweepstakes. Actual values may vary. All prices are denominated in U.S. Dollars. The ARV of each Prize is $500 USD per year. The total ARV of all 20 Prizes is $10,000 per year. The number of years that a Winner will receive a prize will depend on the number of years renewed by the Winner and a completed annual renewal verification form returned to Sponsor in a timely manner, as well as on the biological life of the Winner. By way of example, total ARV per individual winner over 10 years is $5,000; over 20 years is $10,000; over 40 years is $20,000.
Identifying Potential Winners: In the event of a dispute as to the identity of a potential winner, Sponsor will make the determination as to individual associated with the entry. A potential winner may be requested to provide Promotion Entities with proof that the potential winner is the individual associated with the winning entry. If a dispute cannot be resolved to Sponsor’s sole satisfaction, the entry will be deemed ineligible and the potential winner will be disqualified. Potential winners may be required to provide a driver’s license and/or other evidence of identity in connection with claiming a Prize. Potential winners may be required to complete and sign an Affidavit of Eligibility, Compliance with Rules, and Liability Release and, except where prohibited, a Publicity Release in the form provided by Sponsor, to claim a Prize.
- 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 exclusively in a federal or state courts 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, as well as all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of any Entrant and Sponsor in connection with the Sweepstakes; and Entrant expressly consents to the jurisdiction of and venue of the state and federal courts located in or closest to Los Angeles, CA and waives all defenses relating to jurisdiction or venue in such courts;
- ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND,
- UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT 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, WHETHER FORESEEABLE OR NOT. YOU FURTHER AGREE ACKNOWLEDGE THAT, IN THE EVENT OF A DISPUTE, THE DAMAGE OR HARM, IF ANY, CAUSED TO YOU WILL NOT ENTITLE YOU TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF, AND YOU WILL NOT HAVE THE RIGHT TO ENJOIN THE USE, EXPLOITATION, DISTRIBUTION, EXHIBITING, PUBLICIZING, ADVERTISING, AND PROMOTION OF ANY SWEEPSTAKES ENTRY CONTENT.
IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THE SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 SWEEPSTAKES MAY BE PROSECUTED TO THE FULLEST EXTENT PERMITTED BY LAW.
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, distorted or damaged online submission or entry 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 the 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 Sweepstakes. Released Parties are not responsible and not liable for any printing or typographical errors in any materials associated with the Sweepstakes. To the maximum extent permitted by applicable law, Sponsor reserves the right to modify, terminate, or suspend the online submission and entry process in its own discretion should viruses, bugs, non-authorized human intervention, Force Majeure, or other causes corrupt the administration, security, fairness, or proper play of this Sweepstakes. Inclusion in the Sweepstakes shall be each Entrant’s sole and exclusive remedy under such circumstances. 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 this Sweepstakes. You further agree that you will not instigate, support, maintain, or authorize any action, claim or lawsuit against the Released Parties or any other person or entity, on the grounds that any use of the entry or any derivative works, infringes any of your rights, including, without limitation, any claim to copyright. Entrants 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.
- PUBLICITY. Except where prohibited by law, Sweepstakes entry constitutes full irrevocable permission of Sponsor and its assigns, designees, and licensees to use, reproduce, distribute, transmit, display, and publish each Entrant’s name, username, hometown, likeness, and/or prize information, in whole or in part, without limitation, without further permission, approval, or compensation. The foregoing includes, without limitation, promotional or publicity purposes in any and all forms of media, now known and hereafter devised. Sponsor reserves the right to announce official winners via press release, social media post, at an event, or any combination of them, so long as winner announcements comes after Verification and winner notification as described by these Official Rules.
- WINNER LIST. To obtain a list of Winners of the Sweepstakes’ Drawings, send an email to firstname.lastname@example.org with the subject line “Penel Energel Pens for Life Sweepstakes” between 01/01/21 and 06/01/21.
- SPONSOR: Pentel of America, Ltd., 2715 Columbia Street, Torrance, CA 90503. Pentel® is a registered trademark of Pentel of America, Ltd., all rights reserved.