“#FromAtoZebra” OFFICIAL RULES
“Draw, Post and Win! #FromAtoZebra” 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.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter or Instagram. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor, and not to Facebook, Twitter or Instagram.
Sponsor. Zebra Pen Corporation, 242 Raritan Center Parkway Edison, New Jersey 08837.
Administrator: Ignite2X, 1611 Pond Road Suite 220 Allentown, PA 18104
- The Zebra Pen #FromAtoZebra Sweepstakes (“Sweepstakes”) is only open to individuals who are legal residents of the fifty (50) United States and the District of Columbia, who are 21 years of age or older at the time of entry with an internet connection and a Facebook, Twitter or Instagram account. Employees, officers, contractors and directors of Zebra Pen Corporation (“Sponsor”) or Administrator, parent companies, respective affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers and any other party involved in the operation of 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.
- Entry Period. The Sweepstakes begins on or about 10:00 am Eastern Time (“ET”) on June 1, 2018 and ends at 12:00 pm ET on July 27, 2018 (the “Entry Period”). Administrator’s designated computer is the official time-keeping device for the Sweepstakes.
- How to Enter. To enter, draw an animal of your choice, labeling your creation (real OR fictional). Photograph your drawing, and post the photograph to your personal Facebook, Twitter or Instagram account with the hashtag #FromAtoZebra. Images without the hashtag #FromAtoZebra will not qualify. Only public profiles will qualify. All persons who enter into this Sweepstakes in accordance with this section is an “Entrant” and any submission made in accordance with this section is a “Entry”.
By submitting a photograph of your drawing, you understand and agree that the drawing and photograph of the drawing can be viewed publicly at www.zebrapen.com and on Sponsor’s social media pages located at www.facebook.com/ZebraPenUS/, www.twitter.com/ZebraPen, and www.instagram.com/zebrapen-usa. You also agree that drawing and the photograph of the drawing may be used by Sponsor for advertising and marketing purposes in any media now known or hereafter developed, without further payment or consideration due or owed to Entrant. You warrant and represent that you have all rights necessary in the drawing and the photograph of the drawing and that the drawing and the photograph of the drawing does not infringe any trademarks, copyrights or rights of publicity or privacy of another. You warrant that the drawing and the photograph of the drawing does not depict any dangerous or illegal activity and is not disparaging. You warrant the drawing was created by you and the photograph was taken by you.
- One Entry per person. Subsequent attempts made by the same person to submit multiple Entries by using multiple or false contact information, accounts or otherwise may result in disqualification. Use of any automated system to participate is prohibited and will result in disqualification. Released Parties (as defined in Section 9, 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 social media account or email address associated with the social media account used to submit the Entry will be deemed to be the Entrant. Potential winners may be required to show proof that he/she is the 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, or abide by these Official Rules or other instructions of Sponsor or Administrator may be disqualified.
- Potential Winners Selection. One (1) winner will be picked per week in this Sweepstakes. The winner(s) will be selected through a random drawing each Monday, starting June 4, during the Entry Period from all eligible Entries received in accordance with these Official Rules and, if confirmed as eligible, will win a 12 pack of Zebra Pen Zensations Colored Pencils valued at ten dollars and eighty cents ($10.80). Total number of 12 packs of Zensations Colored Pencils to be awarded is nine (9). By entering, you grant permission to be contacted by Sponsor via email or through the direct messaging feature available on Facebook, Twitter or Instagram in connection with the Sweepstakes and you must respond within 48 hours of notification. 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 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. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable for any reason.
- Verification of Potential Winners. The potential winners may be required to sign and return an Affidavit of Eligibility, and Liability & Publicity Release (unless prohibited) (collectively an “Affidavit”), which must be received by Sponsor within five (5) days of the date of the notice from Sponsor to such potential winner. If a potential winner cannot be contacted, fails to execute and return the Affidavit within the required time period, or if the 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. 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.
- Prize/Odds of Winning. Each of the 9 Official Winners will receive a 12 pack of Zebra Pen Zensations Colored Pencils. Odds of winning are based on the number of eligible Entries received. Non-winning Entries will be available for the following weekly drawings for the remainder of the Entry Period. No cash or other substitution, assignment or transfer of any prizes is 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. The value of any prize awarded to a Official 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 Official Winner because of an incorrect or changed address. If the Official 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. The total ARV of all prizes in this Sweepstakes is ninety-seven dollars and twenty cents ($97.20).
- 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.
- By participating in this Sweepstakes, you agree to defend, indemnify and hold harmless the Sweepstakes Entities, Facebook, Inc., Twitter and Instagram 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. 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 participating in 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 nearest Edison, New Jersey; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by you, 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.
- Official Rules/Official Winners’ List Requests. For a copy of Official Winners’ list, send a self-addressed, stamped envelope with proper postage affixed to: “Zebra Pen #FromAtoZebra Sweepstakes” c/o Zebra Pen Corporation, 242 Raritan Center Parkway Edison, New Jersey 08837. Winners’ Listwill be made available for ninety (90) days following the end of the Sweepstakes Entry Period.
- 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. 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.