Official Rules - Earth Day Promo

OFFICIAL RULES

“Earth Day Conservation Tip Promo” Sweepstakes

Online Entry Only and Internet Connection Required

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

VOID WHERE PROHIBITED BY LAW. This Sweepstakes is intended for play in the United States only and shall be construed and evaluated according to the laws of the United States. Prior to participation, you will be required to agree to be bound by the Terms of Service and Privacy Policy of Sponsor’s Site located at www.zebrapen.com.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Facebook.

The Zebra Pen Sweepstakes (“Sweepstakes”) is only open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, who are 13 years of age or older at the time of entry (“Entrant”). Employees, officers, contractors and directors of Zebra Pen Corporation (“Sponsor”), its parent company, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers and any other party involved in this Sweepstakes in any way (collectively with Sponsor, the “Sweepstakes Entities”), and as well as the immediate family members (i.e., spouse, parents, siblings and children), regardless where they reside, and household members of each such employees are not eligible to enter or win. The Sweepstakes is void where prohibited by law. Participation in the Sweepstakes constitutes your full and unconditional agreement to be bound by these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
The Sweepstakes begins on or about 12:00:01 am Eastern Time (“ET”) on April 1, 2016 and ends at 11:59:00 pm ET on April 30, 2016 (the “Entry Period”). Sponsor’s designated computer is the official time-keeping device for the Sweepstakes.
How to Enter.To enter, individuals will need a Facebook account (“Facebook Account”). If you don’t already have a Facebook Account, visit facebook.com to create a Facebook Account; creating a Facebook Account is free. By submitting your information and creating a Facebook Account, you will be required to agree to the Facebook’s Statement of Rights and Responsibilities and Data Use Policy. If you do not agree to Facebook’s terms and privacy policy, you cannot create a Facebook Account or participate in this Sweepstakes. Once logged into your Facebook Account, to enter the Sweepstakes, during the Entry Period, visit the Zebra Pen Facebook Page at https://www.facebook.com/ZebraPenUS (the “Page”). Next, click on the Sweepstakes ad on the Page and Entrants can then enter the Sweepstakes through the application (the “Application”) that interacts with the Page by giving permission to the Application to collect Entrant’s information from Entrant’s Facebook profile. The Application will contain a description of the Sweepstakes, a poll and the official entry form. Each Entrant will be asked to answer the poll and submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), email address, and related registration information as prompted. Entrant must complete and submit the entry form with all required information for the entry to be eligible. Entry is free and no purchase is necessary. All entries must be received no later than 11:59:00 pm ET on April 30, 2016. Only one entry per person.

Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the Entrant being disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected entries. Once submitted, all entries become the exclusive property of Sponsor, and will not be acknowledged or returned. In the event of a dispute as to who submitted an entry, the authorized account holder of the email address used to submit the entry will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof that he/she is authorized account holder. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor or Administrator may be disqualified.

Potential Winners Selection. Five (5) lucky potential winners will be picked in this Sweepstakes. The potential winner(s) will selected through a random drawing on or about May 5, 2016 from all eligible entries received in accordance with these Official Rules and, if confirmed as eligible, will win a Zebra Eco Jimnie Clip Ballpoint Retractable Pen 2-pack and a Z-Grip Plus Ballpoint Pen 5-Pack. By entering, you grant permission to be contacted by Sponsor via email or telephone in connection with the Sweepstakes. You must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements set forth herein. A Potential Winner is not an official winner (“Official Winner”) until Potential Winner’s eligibility has been verified and Potential winner has been notified that verification is complete. Sponsor’s decisions are final and binding in all matters related to the Sweepstakes. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email account to receive email messages.
Verification of Potential Winners. The Potential winners may be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (unless prohibited) (collectively an “Affidavit”), which must be received by Sponsor within five (5) days of the date of the notice. If a Potential Winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or prize is returned as undeliverable, or he/she refuses his/her prize for any reason, Potential winner forfeits the prize and Sponsor will select an alternate winner by random drawing. Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive his or her prize(s). If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
Prize (Odds: 5 Official Winners). Each of the 5 Official Winners will receive a Zebra Eco Jimnie Clip Ballpoint Retractable Pen 2-pack and a Z-Grip Plus Ballpoint Pen 5-Pack with an approximate retail value (“ARV”) of ten dollars ($10.00), as available at the time of winner selection. Odds of winning are based on the number of eligible entries received. No cash or other substitution, assignment or transfer of any prizes permitted, except by Sponsor, who reserves the right to substitute a prize with cash or another prize of comparable or greater value. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The approximate retail value (“ARV”) of the prize(s) is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize(s) will be awarded. Official Winners are responsible for all (if any) federal, state, and local taxes and fees associated with a prize. Limit: One (1) prize per person/household. The total ARV of all prizes in this Sweepstakes is fifty dollars ($50.00).
Except where prohibited by law, your acceptance of a prize in the Sweepstakes constitutes your consent for Sponsor to use your name, likeness, hometown and state for promotional purposes in any media, without further payment or consideration, except for awarding of the prizes to the winners.
By receipt of any prize, you agree to defend, indemnify and hold harmless the Sweepstakes Entities, Facebook, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising, agencies, and prize suppliers, and each of their respective parents and affiliate companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any losses, damages, rights, claims or causes of action of any kind, that Released Parties may incur in whole or in part, directly or indirectly, out of your participation in the Sweepstakes or from your acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes.
General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. No more than the stated number of prizes in these Official Rules will be awarded. Sponsor, in its sole discretion, reserves the right to disqualify any individual who tampers with the entry process or the operation of the Sweepstakes or who acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner. The Released Parties are not responsible for any changes or unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.
The Sweepstakes Entities are not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor or Administrator believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. WARNING: Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limited Liability. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, by printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any aspect of the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the announcement of the prizes or in any Sweepstakes-related matter or materials; or (5) any injury or damage to you or to other persons or property which may be caused from your participation in the Sweepstakes and/or your downloading of any materials related to this Sweepstakes. If for any reason your entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes.
Except where prohibited by law, by participating, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or the appropriate New Jersey State Court located in Edison, New Jersey; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (iii) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.
Entrant’s Personally Identifiable Information. Information collected from Entrants is subject to Sponsor’s Privacy Policy (http://www.Zebrapen.com/privacy). As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor or Administrator may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
Official Rules/Official Winner’s List Requests. For a copy of these Official Rules or an Official Winner’s list, send a self-addressed, stamped envelope with proper postage affixed to: “Zebra Pen Sweepstakes” c/o Zebra Pen Corporation, 242 Raritan Center Parkway Edison, New Jersey 08837. Official Rules will be made available for thirty (30) days following the end of the Sweepstakes Entry Period and Winner’s Lists will be made available for ninety (90) days following the end of the Sweepstakes Entry Period.
Sponsor. Zebra Pen Corporation, 242 Raritan Center Parkway Edison, New Jersey 08837.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

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