Zebra Pen Zen’s 25 Days of Giving Sweepstakes
2023 Official Rules
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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.
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VOID WHERE PROHIBITED BY LAW.
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ONLINE ENTRY ONLY.
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ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND
ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION
FORMAT.
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THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR
ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”), INSTAGRAM, INC.,
(“INSTAGRAM”), OR TWITTER, INC. (“TWITTER”).
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE
TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM
CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES
INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR
RIGHTS AND REMEDIES.
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Eligibility. The Zebra Pen Zen’s 25 Days of Giving Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents and physically
located in the fifty (50) states in the United States or the District of
Columbia and who are at least eighteen (18) years of age at the time of
entry. Employees, officers and directors of Zebra Pen Corporation (“Sponsor”), IGNITE2X, INC. (“Administrator”), their parent companies, and each of their respective affiliates,
subsidiaries, advertising and promotion agencies, distributors and other
prize suppliers (collectively with Sponsor, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate
family members and/or those living in the same household (whether legally
related or not) of each are not eligible to enter the Sweepstakes or win a
prize. For purposes of this Sweepstakes, immediate family members are
defined as spouse, partner, parents, legal guardians, in-laws,
grandparents, siblings, children and grandchildren and those living in the
same household
shall mean people who share the same residence at least three (3) months a
year, whether legally related or not. Void where prohibited by law. By participating in the Sweepstakes, each
entrant unconditionally accepts and agrees to comply with and abide by
these “Official Rules” and the decisions of Sponsor, including the interpretation of these
Official Rules and its exercise of discretion, which will be final and
binding in all respects.
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Entry Periods. The Sweepstakes begins on or about 12:00 a.m. Eastern Time (“ET”) on Friday, December 1, 2023 and all entries must be received by the
Administrator on or before 11:59 p.m. ET on Monday, December 25, 2023 (the
“Sweepstakes Period”). However, the Sweepstakes Period consists of twenty-five (25) separate
daily “Daily
Entry Periods” (each Daily Entry Period is an “Entry Period”), which are specifically detailed in the chart below. All entries must
be received by the end time and date (detailed in the chart below) for
each respective Entry Period to be eligible for the corresponding drawing
for that Entry Period. Individuals who receive an entry during an Entry
Period will be receiving an entry for the corresponding drawing based on
the chart below.
Entry Period Chart
Entry Periods
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Start Time/Date
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End Time/Date
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Drawing Date
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Entry Period #1
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12:00 a.m. ET on Friday, December 1, 2023
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11:59 p.m. ET on Friday, December 1, 2023
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12/6/2023
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Entry Period #2
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12:00 a.m. ET on Saturday, December 2, 2023
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11:59 p.m. ET on Saturday, December 2, 2023
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12/6/2023
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Entry Period #3
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12:00 a.m. ET on Sunday, December 3, 2023
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11:59 p.m. ET on Sunday, December 3, 2023
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12/6/2023
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Entry Period #4
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12:00 a.m. ET on Monday, December 4, 2023
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11:59 p.m. ET on Monday, December 4, 2023
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12/6/2023
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Entry Period #5
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12:00 a.m. ET on Tuesday, December 5, 2023
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11:59 p.m. ET on Tuesday, December 5, 2023
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12/6/2023
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Entry Period #6
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12:00 a.m. ET on Wednesday, December 6, 2023
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11:59 p.m. ET on Wednesday, December 6, 2023
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12/13/2023
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Entry Period #7
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12:00 a.m. ET on Thursday, December 7, 2023
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11:59 p.m. ET on Thursday, December 7, 2023
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12/13/2023
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Entry Period #8
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12:00 a.m. ET on Friday, December 8, 2023
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11:59 p.m. ET on Friday, December 8, 2023
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12/13/2023
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Entry Period #9
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12:00 a.m. ET on Saturday, December 9, 2023
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11:59 p.m. ET on Saturday, December 9, 2023
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12/13/2023
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Entry Period #10
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12:00 a.m. ET on Sunday, December 10, 2023
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11:59 p.m. ET on Sunday, December 10, 2023
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12/13/2023
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Entry Period #11
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12:00 a.m. ET on Monday, December 11, 2023
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11:59 p.m. ET on Monday, December 11, 2023
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12/13/2023
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Entry Period #12
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12:00 a.m. ET on Tuesday, December 12, 2023
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11:59 p.m. ET on Tuesday, December 13, 2023
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12/13/2023
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Entry Period #13
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12:00 a.m. ET on Wednesday, December 13, 2023
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11:59 p.m. ET on Wednesday, December 13, 2023
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12/20/2023
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Entry Period #14
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12:00 a.m. ET on Thursday, December 14, 2023
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11:59 p.m. ET on Thursday, December 14, 2023
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12/20/2023
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Entry Period #15
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12:00 a.m. ET on Friday, December 15, 2023
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11:59 p.m. ET on Friday, December 15, 2023
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12/20/2023
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Entry Period #16
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12:00 a.m. ET on Saturday, December 16, 2023
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11:59 p.m. ET on Saturday, December 16, 2023
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12/20/2023
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Entry Period #17
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12:00 a.m. ET on Sunday, December 17, 2023
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11:59 p.m. ET on Sunday, December 17, 2023
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12/20/2023
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Entry Period #18
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12:00 a.m. ET on Monday, December 18, 2023
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11:59 p.m. ET on Monday, December 18, 2023
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12/20/2023
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Entry Period #19
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12:00 a.m. ET on Tuesday, December 19, 2023
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11:59 p.m. ET on Tuesday, December 19, 2023
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12/20/2023
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Entry Period #20
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12:00 a.m. ET on Wednesday, December 20, 2023
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11:59 p.m. ET on Wednesday, December 20, 2023
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12/27/2023
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Entry Period #21
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12:00 a.m. ET on Thursday, December 21, 2023
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11:59 p.m. ET on Thursday, December 21, 2023
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12/27/2023
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Entry Period #22
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12:00 a.m. ET on Friday, December 22, 2023
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11:59 p.m. ET on Friday, December 22, 2023
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12/27/2023
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Entry Period #23
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12:00 a.m. ET on Saturday December 23, 2023
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11:59 p.m. ET on Saturday, December 23, 2023
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12/27/2023
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Entry Period #24
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12:00 a.m. ET on Sunday, December 24, 2023
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11:59 p.m. ET on Sunday, December 24, 2023
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12/27/2023
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Entry Period #25
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12:00 a.m. ET on Monday, December 25, 2023
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11:59 p.m. ET on Monday, December 25, 2023
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12/27/2023
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ALL DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL
RULES ARE SUBJECT TO EXTENSION IN SPONSOR’S SOLE AND ABSOLUTE
DISCRETION.
Non-winning entries received for one (1) Daily Entry Period drawing will not
carry forward to subsequent Daily Entry Period drawings.
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How to Enter. To enter the Sweepstakes, during the Sweepstakes Period, you may visit
the Sweepstakes website at
https://www.zebrapen.com/pages/25-days-of-zen
The website will contain a description of the Sweepstakes and the official
entry form. Each entrant will be asked to 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.
Limit of
one (1)
entry, per person, per day will be accepted for this Sweepstakes. For
purposes of this Sweepstakes, a ‘day’ begins at 12:00 a.m. ET and ends at
11:59 p.m. ET. 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. Entries generated by
a script, computer programs, macro, programmed, robotic or other automated
means are void and may be disqualified. 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. All materials submitted become the
physical property of Sponsor and will not be returned. In the event of a
dispute over the identity of an online entrant, entry will be deemed
submitted by the registered account holder of the email address associated
with the entry or social media account for the domain associated with the
submitted address provided that person is eligible. Winners may be required
to show proof of being the registered account holder. Registered account
holder is defined as the person assigned to an email address by an Internet
access provider, on-line service provider or other organization responsible
for assigning email addresses. 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. The
Administrator’s designated database clock will be the official timekeeper
for this Sweepstakes. 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. The Sweepstakes Entities may run multiple campaigns, contests,
sweepstakes or other promotions simultaneously. Entry into one (1) campaign,
contest or sweepstakes does not constitute entry into any other.
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Winner Selection and Prize Claiming. There will be one (1) prize
winner selected in this Sweepstakes for each Daily Entry Period. The
potential winners will be selected through a random drawing on or about
the dates set forth in the chart in Section 2 above from all eligible
entries received for the applicable Entry Period in accordance with these
Official Rules. Sponsor and Administrator will have complete discretion
over interpretation of the Official Rules, of administration of the
Sweepstakes, and of selection of the winners. Decisions of the Sponsor and
Administrator as to the selection of the winners will be final. The
potential winners will be notified using the information provided during
entry by any of email, telephone, mail, a post on the potentially winning
entry or through a direct message on a social media platform (if
applicable) (method to be selected by Administrator in its sole
discretion) in a commercially reasonable time after the drawing. 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.
Each potential winner may be required to submit an affidavit of eligibility
/ release of liability / prize acceptance agreement (collectively, the
“Affidavit”) and return the Affidavit within seven (7) days before being eligible to
receive his or her prize(s). If any potential prize winner fails or refuses
to sign and return such Affidavit within the time period required by
Administrator or if the prize or prize notification is returned as rejected,
faulty, unclaimed or returned as undeliverable to such potential prize
winner, such potential prize winner may be disqualified and an alternate may
be selected. Non-compliance shall result in disqualification and award of
the prize(s) to an alternate winner. 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. If, for any
reason, more bona fide winners come forward seeking to claim prizes in
excess of the number of each type of prize set forth in these Official
Rules, the winners, or remaining winners, as the case may be, of the
advertised number of prizes available may be selected in a random drawing
from among all persons making purportedly valid claims for such prize(s).
Inclusion in such drawing shall be each entrant’s sole and exclusive remedy
under such circumstances. 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 a
potential winner to provide signed parental or guardian consent.
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Odds. Odds of winning will depend upon the total number of entries received
for each applicable Entry Period.
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Prizes and Values. The prizes to be awarded in this Sweepstakes are as follows (ARV of
prize in parentheses):
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G-750 and refill ($15.78), $25 Visa Gift Card, and Workman Publishing
Today is Going to Be a Great Day Page-a-Day Calendar 2024 ($16.99)
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bLen Retractable Gel (2 Pack White with Black Ink $7.24, 2 Pack White
with Blue Ink $7.24), and Workman Publishing A Calendar of Calm Wall
Calendar 2024 ($15.99)
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SARASA Grand Gel Pen (3 Gold $27.21)) and Workman Publishing A Year of
Self Love Page-A-Day Calendar 2024 ($16.99)
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Zensations Black Brush Pens (4 – 1 of each point size $13.66) and Workman
Publishing Paint by Sticker Works of Art ($16.99)
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KIRARICH Glitter Highlighter (5 Pack Assorted $13.80) and Workman
Publishing The Dream Symbols Card Deck ($18.99)
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Mojini Highlighters (5 Pack Assorted $10.95) and Callie Danielle Smiley
Grid Notepad ($6.00)
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Metallic Brush Pen (7 Pack Assorted $21.56) and Callie Danielle Month Tab
Stickers ($8.00)
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SARASA Clip Gel Retractable (8 Pack Assorted $17.52) and Callie Danielle
Happy Days Planner ($35.00)
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F-301 Retractable Ballpoint (9 Pack Assorted $28.28) and Callie Danielle
Checkerboard School Icons Pocket Pen Holder ($10.00)
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doodler'z Brush Pens (18 Pack $18.00), $50 Visa Gift Card, and Callie
Danielle Planner Stickers Pack ($8.00)
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Metallic Brush Pens (7 Count $21.56), SARASA Clip Decoshine (9 Pack
$19.71), and KIRARICH Glitter Highlighters (5 Pack $13.80)
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SARASA dry X1+ (4 Pack Black Ink $6.60) and X20+ Antimicrobial Pens (4
Pack Blue Ink $9.04)
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DelGuard Mechanical Pencils (3 Pack $30.40), M-301 (4 Pack Assorted
$12.96), Zensations Mechanical Colored Pencils (12 Pack $12.36), Z-Grip
Mechanical Pencils (5 Pack Assorted $3.45), M-Refill Erasers (1 Pack
$1.26), & Z-Grip Refill Erasers (1 Pack $1.05)
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MILDLINER Double-Ended Creative Highlighters (15 Count $32.85), SARASA
Mark ON (2 Pack $4.38), & CLiCKART Retractable Marker Pens (12 Pack
Assorted $21.00), and ArtBin Semi Satchel with Marker Tray ($31.98)
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MILDLINER Double-Ended Creative Highlighter (5 Count Favorites Set $10.95
& 5 Count Cool and Refined Set $10.95), MILDLINER Dual-Tip Brush Pen
(5 Count Friendly Set $15.40), Zebra Desktop Stand ($10.00), and ArtBin
Super Satchel Double Deep with two Marker Trays ($52.97)
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F-301 (4 Count Assorted $12.96), F-701 ($9.91), X-701 ($16.53) F-402 (2
Pack Black Ink $11.06), PM-701 (1 Pack Black Ink $8.81), Zebra Desktop
Stand (1 $10.00), F Refills (1 Pack $1.58), K Refills (1 Pack $3.24), and
Seton Hall Basketball Jersey ($80.00)
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G-301 Gel Retractable (4 Pack $14.92), G-350 Gel Retractable (1 Pack
Black with refills $6.05), UNC Tumbler ($18.99), and UNC Clear Game Day
Bag ($19.99)
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Z-Grip Retractable Ballpoint (18 Pack Fashion Assorted $12.42), Z-Grip
MAX Retractable (12 Pack Blue Ink $13.32), $75 Visa Gift Card, UNC Hoodie
Size XL ($54.95), and UNC Pom Pom ($1.98)
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DelGuard Mechanical Pencil (3 Pack $30.40), F-701 Ballpoint ($9.91), and
Wilson Football ($16.95)
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G-350 Retractable Gel Pen (2 Pack Blue Barrel $12.10), G-402 Retractable
Gel Pen (2 Pack Blue Ink $12.54), G-450 Retractable Gel Pen (1 Pack
$9.36), bLen Retractable Gel Pen (2 Pack White Barrel with Black Ink
$7.24), JK Refill (1 Pack $2.78), bLen Refill (2 Pack $2.78), and Wilson
Basketball ($16.95)
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MILDLINER Double-Ended Creative Highlighter (5 Pack Cool and Refined Set
$10.45), SARASA Clip Decoshine (9 Pack $19.71), SARASA Mark ON (2 Pack
$4.38), & doodler'z Gel Stick (60 count $34.20), PEEPS® Marshmallow
Snowmen (4 $9.96), PEEPS® Chocolate Dipped Candy Cane Chicks (1 $2.49),
PEEPS® Holiday Pop (1 $3.49), and PEEPS® Elf Plush (1 $5.95)
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MILDLINER Dual-Tip Brush Pens (25 Pack $77.00), doodler’z Brush Pens (18
Pack $18.00), Zensations Brush Pens (4 – 1 of each $13.66), Metallic Brush
Pens (7 Pack $21.56), Zebra G-Nib ($24.50), PEEPS® Marshmallow Trees (4
$9.96), PEEPS® Chocolate Dipped Candy Cane Chicks (1 $2.49), PEEPS®
Holiday Pop (1 $3.49), and PEEPS® Elf Plush (1 $5.95)
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F-301 (9 Pack Assorted $28.28), bLen (2 Pack Black Barrel $7.24), SARASA
Mark ON (2 Pack $4.38), Z-Grip Retractable Ballpoint (24 Pack Assorted
$16.56), Zebra Desktop Stand (1 $10.00), PM-701 (1 Pack Black Ink $8.81),
F-701 (1 Pack $9.91), bLen Refills (1 Pack $2.78), F-Refills (2 Packs
$1.58), PEEPS® Marshmallow Gingerbread Men (4 $9.96), PEEPS® Chocolate
Dipped Candy Cane Chicks (1 $2.49), PEEPS® Marshmallow Holiday Pop (1
$3.49), and PEEPS® Elf Plush (1 $5.95)
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SARASA Clip Gel Retractable (20 Pack Assorted $43.80), Mojini
Highlighters (5 Pack $10.95), F-301 (9 Pack Assorted $28.28), MILDLINER
Double-Ended Creative Highlighters (25 Pack $54.75), SARASA Grand Gel Pen
(3 Red $27.21), CLiCKART Retractable Marker Pens (12 Pack Light $21.00
& 12 Pack Dark $21.00), LV Refills (1 Pack $2.78), F Refills (2 Packs
$1.58), PEEPS® Marshmallow Stockings (4 $9.96), PEEPS® Chocolate Dipped
Candy Cane Chicks (1 $2.49), and PEEPS® Elf Plush (1 $5.95)
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MILDLINER Double-Ended Creative Highlighters (25 Pack Assorted $54.75, 5
Pack Gentle $10.95, and 5 Pack Neutral $10.95), MILDLINER Dual-Tip Brush
Pens (25 Pack Assorted $77.00), CLiCKART Retractable Marker Pens (24 Pack
$42.00), SARASA Mark ON (2 Pack x2 $8.76), Zebra Desktop Stand (1 $10.00),
$100 Visa Gift Card, and PEEPS® Marshmallow Candy Cane Chicks (4 $9.96),
PEEPS® Marshmallow Holiday Pop (1 $3.49), and PEEPS® Elf Plush (1
$5.95)
Prizes are non-transferable, with no cash redemptions, equivalents or
substitutions except at Sponsor’s sole and absolute discretion. 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.
All prize(s) are awarded “AS IS” and without warranty of any kind, express
or implied (including, without limitation, any implied warranty of
merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or
local taxes, and for any other fees or costs associated with the prize(s)
they receive, regardless of whether they, in whole or in part, are used. 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. The winners may be required to provide Sponsor
with a valid social security number before the prize(s) will be awarded for
tax reporting purposes. An IRS Form 1099 may be issued in the name of
winner(s), or if a minor in the jurisdiction in which s/he resides, in the
name of his/her parent or legal guardian, for the actual value of the
prize(s) received. Unclaimed prizes will be forfeited. Prizes, if
legitimately claimed, will be awarded. The Sweepstakes Entities are not
responsible for and will not replace any lost, mutilated or stolen prizes or
any prize that is undeliverable or does not reach the winner because of an
incorrect or changed address. If a 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 prizes will be
awarded. The total ARV of all of the prizes awarded in this Sweepstakes is:
$2,166.81
The Sweepstakes Entities are not responsible for and winner will not
receive the difference, in any, between the actual value of the prizes at
the time of award and the stated ARV in these Official Rules or in any
Sweepstakes-related correspondence or material. Limit of one (1) prize per
person.
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Publicity Release.
Subject to applicable law, winners irrevocably grant the Sweepstakes
Entities and each of their licensees, and its and their successors,
assigns and sub-licensees, the right and permission to use their name,
voice, likeness and/or biographical material for advertising, promotional
and/or publicity purposes in connection with the Sweepstakes, in all forms
of media and by all manners (now and hereafter known), and on and in
connection with related products, services, advertising and promotional
materials (now known or hereafter developed), worldwide, in perpetuity,
without any obligation, notice or consideration except for the awarding of
the prizes to the winners.
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Tampering with 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 or Administrator, may result in
immediate disqualification of the entrant, as well as other possible
consequences, including disqualification from any and all existing and
future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE
(INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE
LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL
AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE
RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH
PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right,
at its sole and absolute discretion, to disqualify (or terminate the prize
of) any individual who is found to be, or suspected of, acting in
violation of these Official Rules, or to be acting in an unsportsmanlike,
obscene, immoral or disruptive manner, or with the intent to annoy, abuse,
threaten or harass any other person.
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Suspension / Modification / Termination.
In the event Sponsor is prevented from continuing with the Sweepstakes by
any event beyond its control, including, but not limited to, fire, flood,
epidemic, earthquake, explosion, labor dispute or strike, act of God or
public enemy, communications or equipment failure, utility or service
interruptions, riot or civil disturbance, terrorist threat or activity,
war (declared or undeclared), interference with the Sweepstakes by any
party, or any federal, state, local or provincial government law, order,
or regulation, order of any court or jurisdiction, or other cause not
reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend
or terminate the Sweepstakes or prize. Sponsor additionally reserves the
right, in its sole and absolute discretion: (a) to modify, suspend or
terminate the Sweepstakes should causes beyond Sponsor’s control corrupt
or interfere with the administration, integrity, operation, security or
proper play of the Sweepstakes; or (b) to disqualify any entrant found to
be, or suspected of: (i) tampering with the entry process or the operation
of the Sweepstakes; (ii) acting in violation of these Official Rules; or
(iii) acting in an un-sportsmanlike manner.
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Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrant agrees to release,
discharge, indemnify and hold harmless the Sweepstakes Entities and Prize
Manufacturers, and each of their respective directors, officers,
employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including
attorneys’ fees), losses, damages, fines or injuries (up to and including
bodily injury and death) of any kind arising out of or related to: (i)
entrants’ participation in the Sweepstakes (including travel to/from any
Sweepstakes activity); (ii) any acceptance, possession, misuse or use of
any prize (including, without limitation, losses, damages or injuries to
entrant’s or any other person’s equipment or other property, or to their
persons, including those arising from any travel to/from any prize event
or activity); (iii) the Released Parties’ violation of rights of publicity
or privacy, claims of defamation or portrayal in a false light or based on
any claim of infringement of intellectual property; and (iv) any
typographical, human or other error in the printing, offering, selection,
operation or announcement of any Sweepstakes activity and/or prize.
Without limiting the generality of the foregoing, entrants agree that the
Released Parties have neither made nor will be in any manner responsible
or liable for any warranty, representation or guarantee, express or
implied, in fact or in law, in connection with the Sweepstakes and/or with
respect to prizes, including, without limitation, to any prize’s quality
or fitness for a particular purpose. Entrants agree and that the Released
Parties shall have no responsibility or liability for discontinued prizes;
human error; incorrect or inaccurate transcription of registration and/or
account information; any technical malfunctions of the telephone network,
computer online system, computer dating mechanism, computer equipment,
software, or Internet service provider utilized by Sponsor interruption or
inability to access the website, application or any online service via the
Internet due to hardware or software compatibility problems; any damage to
participant’s (or any third person’s) computer and/or its contents related
to or resulting from any part of the Sweepstakes; any lost/delayed data
transmissions, omissions, interruptions, viruses, bugs, defects; and/or
any other errors or malfunctions, even if caused by the negligence of the
Released Parties. Each entrant further agrees to indemnify and hold
harmless the Released Parties from and against any and all liability
resulting or arising from the Sweepstakes and to release all rights to
bring any claim, action or proceeding against Released Parties and hereby
acknowledge that the Released Parties have neither made nor are in any
manner responsible or liable for any warranty, representation or
guarantee, express or implied, in fact or in law, relative to a prize,
including express warranties provided exclusively by a prize supplier that
may be sent along with a prize. 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.
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Entry Information and Sweepstakes Communications.
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 may be used to communicate with
entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
Any information collected from you in connection with this Sweepstakes
will be used consistent with Sponsor’s privacy policy available on our
website at https://www.zebrapen.com/privacy-policy. If you opt-in on the entry form, you will receive marketing
communications from Sponsor. Opt-in to receive marketing is not required
to enter or win this Sweepstakes.
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Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules or the rights
and obligations of entrants, Sponsor or the Released Parties in connection
with the Sweepstakes will be governed by and construed in accordance with
the internal laws of the State of New Jersey, without giving effect to any
choice of law or conflict of law rules or provisions that would cause the
application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION
ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL
BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B)
ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL
THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS
($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE;
(C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD
FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK,
PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR
ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED
TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR
MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK
INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO
YOU.
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Dispute Resolution. The parties each agree to finally settle all disputes only through
arbitration; provided, however, the Sponsor shall be entitled to seek
injunctive or equitable relief in the state and federal courts in
Middlesex County, New Jersey
and any other court with jurisdiction over the parties. In arbitration,
there is no judge or jury and review is limited. The arbitrator’s decision
and award is final and binding, with limited exceptions, and judgment on
the award may be entered in any court with jurisdiction. The parties agree
that, except as set forth above, any claim, suit, action or proceeding
arising out of or relating to this Sweepstakes shall be resolved solely by
binding arbitration before a sole arbitrator under the streamlined
Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to
set a hearing date within fourteen (14) days of the filing of a “Demand
for Arbitration”, then either party can elect to have the arbitration
administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If
an in-person hearing is required, then it will take place in Middlesex
County, New Jersey. The federal or state law that applies to these
Official Rules will also apply during the arbitration. Disputes will be
arbitrated only on an individual basis and will not be consolidated with
any other proceedings that involve any claims or controversy of another
party, including any class actions; provided, however, if for any reason
any court or arbitrator holds that this restriction is unconscionable or
unenforceable, then the agreement to arbitrate doesn’t apply and the
dispute must be brought in a court of competent jurisdiction in Middlesex
County, New Jersey. Sponsor agrees to pay the administrative and
arbitrator’s fees in order to conduct the arbitration (but specifically
excluding any travel or other costs of entrant to attend the arbitration
hearing). Either party may, notwithstanding this provision, bring
qualifying claims in small claims court.
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List of Sweepstakes Winners.
To receive a list of winners, send a stamped, self-addressed envelope,
within sixty (60) days of expiration of the Entry Period,
to: “Zebra Pen Zen’s 25 Days of Giving Sweepstakes Winners List”,
IGNITE2X, INC., 1611 Pond Road, Suite 220, Allentown, PA 18104 (Attn:
Marketing). Please indicate which Sweepstakes winners list you are
requesting by referencing the name of the Sweepstakes in your
request.
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Miscellaneous. The invalidity or unenforceability of any provision of these Official
Rules or the Affidavit will not affect the validity or enforceability of
any other provision. In the event that any provision of the Official Rules
or the Affidavit 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 any
website, social media platform or 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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Identification of Sponsor and Administrator. This Sweepstakes is sponsored by Zebra Pen Corporation, 242 Raritan
Center Parkway, Edison, New Jersey 08837 and administered by IGNITE2X,
INC., 1611 Pond Road, Suite 220, Allentown, PA 18104. Reference to third
parties in connection with prizes and/or third party websites or services
are for reference and identification purposes only and not intended to
suggest endorsement, sponsorship or affiliation with Sponsor or the
Sweepstakes.