Eligibility. The Zebra Pen Sweepstakes (“Sweepstakes”) is only open to legal residents of the fifty (50) United States, the District of Columbia, and Canada, who are 18 years of age or older at the time of entry (“Entrant”). Employees, contractors and directors of Zebra Pen (“Sponsor”), or any other party involved in this Sweepstakes in any way, and any of their parents and affiliate companies as well as the immediate family members (spouse, parents, siblings and children), regardless where they reside, and household members of each such employees are not eligible to enter. The Sweepstakes is subject to applicable federal, state and local laws and regulations and is void where prohibited. 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.
Timing. The Sweepstakes begins at 3:00 am Eastern Time (“ET”) on October 1, 2019 and ends at 11:59 pm ET on October 31, 2019 (the “Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
How to Enter. To enter, create an ink drawing, based on the official Inktober® prompt list for that day or an ink drawing of your own choosing. Post that drawing to Instagram with the hashtags #inktober #inktober2019 and #ZensationsChallenge. Follow @zebrapen_usa and @zebrapen_canada on Instagram. Entry is free and no purchase is necessary. All entries must be received no later than 11:59 pm ET October 31, 2019. Only one entry per person per day. One winner will be selected bi-weekly at random from entrants. Entrants can only win once.
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 Instagram account used to submit the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an Instagram account by an Internet access provider, online service provider or other organization responsible for assigning Instagram accounts for the domain associated with the submitted account. Potential winners may be required to show proof that he/she is authorized account holder.
Potential Winners Selection. One lucky U.S. winner will be picked bi-weekly (2 total U.S. winners during the Entry Period) and will receive a prize pack of Zebra Pen product, valued at two hundred fifty dollars ($250.00). By entering, you grant permission to be contacted by Sponsor via direct message on the Instagram channel the Entrant entered 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.
Verification of Potential Winners. The Potential Winner 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.
Prize (Odds: 2 U.S. Winners): During the Entry Period, two U.S. winners will receive a prize pack of Zebra Pen product with an Approximate Retail Value up to two hundred fifty dollars ($250.00). 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. Official Winner is responsible for all (if any) federal, state, and local taxes and fees associated with a prize. Limit: One (1) prize per person/household.
Publicity. Except where prohibited, 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.
Release. By receipt of any prize, you agree to indemnify Sponsor 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.
WARNING: Any attempt by any person to deliberately 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.
Disputes. Except where prohibited, 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.
Winner List. For a copy of these Official Rules or a winner 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 30 days following the end of the Sweepstakes.
Sponsor: Zebra Pen Corporation 242 Raritan Center Parkway Edison, New Jersey 08837
Instagram: The Campaign hosted by Zebra Pen is in no way sponsored, endorsed, administered by, or associated with Instagram.