EnerGel For Life Sweepstakes

PENTEL OF AMERICA, LTD. PRESENTS: PENTEL ENERGEL PENS FOR LIFE SWEEPSTAKES

OFFICIAL RULES

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.

SWEEPSTAKES DESCRIPTION. Pentel supplies the world with superior quality writing instruments, including its roller ball technology pens and super hi-polymer lead pencils. This Sweepstakes is an opportunity to win Pentel Energel Pens for Life. You may enter by visiting https://www.pentel.com/EG4life (the “Sweepstakes Website”), submitting a qualifying code provided on select Pentel products, and following the links and instructions to complete the entry form. Alternatively, you may enter using the Free Alternative Method of Entry, by visiting https://www.pentel.com/pages/energel-for-life-alternate-entry-form, submitting a favorite color ink, and following the links and instructions to complete the entry form. Limit: one entry per valid email address regardless of method of entry. Entry into this Sweepstakes does not constitute entry into any other promotion, contest, or sweepstakes. 

SPONSOR. The Sweepstakes is sponsored by Pentel of America, Ltd. and governed by these Official Rules. Pentel of America, Ltd. is hereinafter called “Sponsor”. 

ADMINISTRATOR AND PROMOTION ENTITIES. The Administrator of the Sweepstakes is The Buddy Group, Inc. (the “Administrator”). Sponsor and Administrator are collectively referred to herein as “Promotion Entities”.

START/END TIMES. Pentel Energel Pens For Life Sweepstakes (the “Sweepstakes”) consists of twenty (20) randomized sweepstakes drawings, one drawing on or about every thirteen (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.

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. 

1. 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.

SWEEPSTAKES DRAWING: Administrator will select potential Sweepstakes winner in a random drawing from among all eligible entries received in accordance with these Official Rules through both entry methods combined on or about each 13 calendar days of the Sweepstakes Period. The potential winner will be notified by email. Receiving a prize is contingent upon compliance with these Official Rules. Sponsor reserves the right in its sole discretion to determine the number of alternate or substitute Drawings that will be held in order to award any unclaimed prize(s). After any such number of alternate or substitute Drawings, any unclaimed prizes will remain un-awarded.

AGREEMENT TO THESE OFFICIAL RULES. Each Entrant who enters the Sweepstakes fully agrees to comply with and abide by these Official Rules and the decisions of Promotion Entities, which shall be final and binding with respect to all aspects of the Sweepstakes.

VERIFICATION OF ELIGIBILITY. A potential winner (or his/her parent/legal guardian if the potential winner is a minor in his/her state of residence) is not a recipient of any prize until such person has been verified by Sponsor to be eligible, in compliance with these Official Rules and as the winner (“Verification”). Once a potential winner (or his/her parent/legal guardian if the potential winner is a minor in his/her state of residence) has been verified by Verification and found to be in compliance with these Official Rules, the potential winner becomes an official winner (a “Winner”). Prizes will be distributed after Verification is complete. If the selected winner does not respond or is unable to complete Verification, then the prize will be forfeited.

PRIZES. As set forth in these Official Rules, Sponsor will award twenty (20) prize packs (each, a “Prize”), one (1) Prize to each Winner of one (1) of the twenty (20) random Drawings. Subject to Verification, Winner will receive a Prize of: $500 ARV in Pentel Energel pen products/ each year for the biological life of the Winner including models of EnerGel pens in Sponsor’s now-existing product line (EnerGel Style, EnerGel Alloy, EnerGel RTX, EnerGel Pearl, EnerGel Pro, EnerGel-X, EnerGel 3, EnerGel 2S, EnerGel Deluxe, EnerGel-X). Each year, for the biological life of the Winner, Sponsor will confirm Winner’s mailing address and refurnish the Prize award. See Section 10, Conditions on Prizes for important details on maintaining annual Prize awards. Energel product lines subject to availability. 

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.

CONDITIONS ON PRIZES: Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners are allowed, but Sponsor reserves the right to substitute a Prize of equal value at its sole discretion, to substitute a Prize of equal value if the selected Prize is unavailable. Prizes do not include federal, state, and local taxes and surcharges that may be applicable, which are the sole responsibility of each winner. Prizes must be accepted as awarded “AS IS”. Any and all warranties of a Prize shall be subject to Sponsor’s warranty terms for Prize items at the time of the Drawing for such Prize. Any prize depiction is for illustrative purposes only and shall not be relied upon. Each particular Prize will be delivered to the official winner’s valid U.S. address for that Prize. Please note that shipping and delivery may be done within the time frame of two (2) months, but it is possible for delivery to be delayed. All Prizes will be awarded. No more than the stated number of Prizes will be awarded. Promotion Entities are not responsible for replacing any Prize if lost, stolen, mutilated or is otherwise rendered unusable due to any act or omission of prize winner or other third party. Any failure by any Winner to timely respond to Promotion Entities’ annual notification and request for a confirmation of Winner’s then-current mailing address will forfeit the Prize for that Winner.

ODDS OF WINNING. For each Drawing, the odds of winning a Prize are dependent on the number of eligible entries received for each individual Drawing. Each Drawing will have one (1) winner. The Sweepstakes will have twenty (20) winners total. 

WINNER NOTIFICATION. Each Drawing will be conducted by Promotion Entities or its designee, and all decisions are final and binding. Entrants need not be present to win. The potential winners (or his/her parent/legal guardian if the potential winner is a minor in his/her state of residence) will be contacted by email. The potential winner (or his/her parent/legal guardian if the potential winner is a minor in his/her state of residence) should follow the instructions completely and fully comply with the conditions contained in his or her winner notification. If any potential winner (or his/her parent/legal guardian if the potential winner is a minor in his/her state of residence) cannot be reached within forty-eight (48) hours of first notification attempt or fails to provide the requested information in a timely manner; if any Prize or prize notification is returned as undeliverable; if any potential winner (or his/her parent/legal guardian if the potential winner is a minor in his/her state of residence) rejects their Prize; or, in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner may be randomly selected from among all remaining eligible entries in a substitute Drawing. Upon forfeiture of any prize, no compensation will be given. Sponsor is not responsible or liable for failure to contact potential winners who provide incomplete or incorrect contact information.  

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.

DISPUTES AND LIMITATION OF LIABILITY. Each Entrant 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 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;

1. 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, 

1. 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.

RELEASE AND INDEMNITY OF SPONSOR; DISCLAIMER. By participating in any way in this Sweepstakes, you accept and agree to release and hold harmless Released Parties from ANY AND ALL liability of any injuries, losses, damages, claims, or actions of any kind caused by or in connection with, in whole or in part, directly or indirectly, this Sweepstakes; or the delivery, mis-delivery, acceptance, possession, use of, misuse of, or inability to use any prize; or your transmission of any message, content, information, or other materials; and to release, indemnify and hold harmless Released Parties from ANY AND ALL liability of any injuries, losses, damages, claims, or actions of any kind, directly or indirectly, for your violation or alleged 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, infringement of intellectual property rights, 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.

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.

PRIVACY POLICY. All information submitted in connection with the online entry process for the Sweepstakes will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy. A complete statement of Sponsor’s current privacy policy can be found here. By participating in the Sweepstakes, each Entrant represents that you have read and consents to Sponsor’s Privacy Policy. If you do not agree to any portion of the Privacy Policy, you must not enter the Sweepstakes. Administrator will use Entrant’s personal information for the purpose of administering the Sweepstakes and awarding the prizes, and for special offers and marketing purposes Entrant may opt-in. A winners list will be available following the completion of the Sweepstakes.

1. 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.

1. GENERAL TERMS. Any provision of these Official Rules deemed unenforceable or invalid shall be enforced to the extent permissible, and the remainder of these Official Rules shall remain in effect. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Sponsor’s Privacy Policy, and/or these Official Rules, these Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. Nothing in these Official Rules shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsor.

1. WINNER LIST. To obtain a list of Winners of the Sweepstakes’ Drawings, send an email to social@pentel.com with the subject line “Penel Energel Pens for Life Sweepstakes” between 01/01/21 and 06/01/21. 

1. SPONSOR: Pentel of America, Ltd., 2715 Columbia Street, Torrance, CA 90503. Pentel® is a registered trademark of Pentel of America, Ltd., all rights reserved.