1. PROMOTION DESCRIPTION: The Sharpie “#SharpieSkulls” Sweepstakes (the “Sweepstakes”) offers entrants the chance to win a grand prize consisting of an assortment of Sharpie products [please reword as I don’t think skulls are Sharpie products] based on a random drawing. Sweepstakes begins on September 21, 2016 at 10:00 a.m. Eastern Time (“ET”) and ends on September 23, 2016 at 11:59 p.m. ET (the “Promotion Period”). For purposes of this Sweepstakes, a “day” begins at 10:00 AM ET and ends the next calendar day at 9:59:59 AM ET. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sanford, L.P. (the “Sponsor”) whose decisions shall be final and legally binding in all respects.
2. ELIGIBILITY: This Sweepstakes is open to legal residents of the forty-eight contiguous (48) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry (unless prohibited by applicable law) and who are physically present in the United States at the time of entry (“Entrants”). Employees, officers, and directors of Sponsor, Newell Brands Inc., or any of its affiliate or subsidiary companies, promotion prize suppliers, and each of their respective parent companies, affiliated companies, subsidiaries, licensees, distributors, dealers, sales representatives, retailers, printers, individuals engaged in the development, production or distribution of Sweepstakes materials, their advertising and promotion agencies, and any and all other companies associated with the Sweepstakes (collectively, the “Promotion Entities”), and each of their immediate family members (as defined by the IRS) and/or people living in the same household, are not eligible to enter or win a prize in the Sweepstakes. All eligibility is subject to all federal, state, and local laws and regulations. All entries submitted become the property of the Sponsor and may not be acknowledged or returned. Sponsor’s database clock will be the timekeeper for this Sweepstakes. This Sweepstakes is void where prohibited.
3. HOW TO ENTER: During the Promotion Period, visit the Sharpie Facebook Fan Page (www.facebook.com/sharpie), find the #SharpieSkulls post and fill out the entry form. Your entry information shall be referred to collectively herein as a Submission. You may receive additional entries by sharing the post to the Sweepstakes Website using the available Facebook link, subject to the limitations set forth in Item 4. You will receive an additional entry for each separate Submission that is made by a party using your shared Facebook link. An eligible Submission enters you in the Sweepstakes drawing. Proof of sending a Submission does not constitute proof of receipt. Neither Sponsor, Newell Brands Inc., their parent, affiliated or subsidiary companies, nor any of their advertising/promotion agencies, nor any of their respective officers, directors, employees, agents, representatives or assigned (collectively “Released Parties”) are liable for any disputes between participants and/or Entrant related to the Submission. You may also enter by mail by hand printing your name, complete address, email address, phone number (including area code) and date of birth either on a postcard or on a separate piece of paper no larger than 8½ x 11 inches, and mailing the postcard or paper in an envelope so that it is received during the Promotion Period, with proof of delivery and the proper postage affixed to:
SHARPIE #SHARPIESKULLS” SWEEPSTAKES
Attn: Eric Hills, 4th Floor, Newell Brands Inc.,
6655 Peachtree Dunwoody Road, Atlanta GA 30328.
Limit one (1) mail-in entry per person, per day during the Promotion Period. Mechanically reproduced or hand-stamped entries or mailing labels or entries generated by script, macro or other automated or mechanical means will not be accepted. Incorrect, illegible, corrupt, and incomplete entries are void. Any Submissions that do not conform with these Official Rules in Sponsor’s sole discretion will be disqualified.
4. ADDITIONAL ENTRY DETAILS:
(i) All Entries are subject to verification by the Sponsor. Entries that do not meet the specifications, or otherwise do not comply with the Official Rules may be disqualified. Incomplete, illegible or mutilated entries will be automatically disqualified. No responsibility is assumed for lost, late, misdirected, damaged, altered or illegible Entries. Any attempted form of entry other than as described herein is void. Sponsor will determine in its sole discretion, what constitutes a valid Entry. All materials submitted become the property of the Sponsor and will not be returned or acknowledged.
(ii) Once an Entrant submits an Entry, he/she will be unable to make any edits or changes. No portion of the Entry may contain, in the sole and unfettered discretion of the Sponsor, obscene, violent, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Entry must be in keeping with Sponsor’s desired image and may not be offensive, as determined by Sponsor in its sole discretion, nor can it defame or invade publicity or privacy rights of any person, living or dead, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to intellectual property rights.
(iii) By entering the Sweepstakes, all Entrants grant an irrevocable, perpetual, worldwide non-exclusive license to Sponsor and its designees, to reproduce, distribute, display, copy and create derivative works of all or portions of the Entry in connection with the Sweepstakes and promotion of the Sweepstakes, in any media now or hereafter known, including, but not limited to, display at a potential exhibition of winners, or online posting of the Entries or winners of the Sweepstakes. Entrants consent to the Sponsor doing or omitting to do any act that would otherwise infringe the Entrant’s “moral rights” in their Entries. Display or publication of any Entry on Sponsor’s designees’ website does not indicate the Entrant will be selected as a winner. Sponsor and its designees will not be required to pay any additional consideration or seek any additional approval in connection with the use of any Entry or portion of any Entry, as contemplated by these Official Rules. Additionally, except where prohibited by law, by entering, each Entrant grants to Sponsor and its designees the unrestricted right to use all statements made in connection with the Sweepstakes, and pictures or likenesses of such Entry. Sponsor and the Promotion Entities will not be required to pay any additional consideration or seek any additional approval in connection with such use.
(iv) Sponsor is not responsible for errors or problems downloading or uploading any Sweepstakes-related materials or information, or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the Sweepstakes Website, or any other technical problems related to Sweepstakes Website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Sweepstakes.
5. WINNER DETERMINATION AND PRIZES: There will be Four Hundred Fifteen (415) Grand Prize winners selected from a pool of all eligible entries received during the Promotion Period. The following Grand Prize will be awarded to the eligible Sweepstakes winners.
One (1) Case of 240 Ceramic Skulls – Approximate Retail Value $136.80
One (1) 24-pack of Sharpie Fine Point Markers –Approximate Retail Value $19.99
Sponsor will select all winners at random from all eligible Entries received during the Promotion Period. If applicable, the potential winner must be available to participate to be eligible in any portion of the Sweepstakes that participation may be required. Sponsor reserves the right at its sole discretion to choose an alternative qualifier or possible winner in the event that a qualifier or possible winner has been disqualified, is deemed ineligible or cannot fully participate in prize activities, in Sponsor’s sole discretion. If the Entrant is unable to verify registration information, the Entrant will automatically be disqualified and the prize will be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants. Sponsor is not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner or if the potential winner cannot fully participate in prize activities.
Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. Taxes on any prize, including but not limited to Federal income tax, are solely the responsibility of each winner, and each winner must complete all forms requested by Sponsor to evidence and accomplish such (“Tax Forms”). Prizes are non-assignable and non-transferable. All details and other restrictions of any prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or prize substitution will be allowed, except that Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize restrictions/conditions stated herein are not all-inclusive and the Prizes described above may be subject to additional restrictions/conditions, which may be stated in the “Prize Claim Documents” (defined below).
Total Approximate Retail Value: The total approximate retail value for all prizes awarded in this Sweepstakes is $65,067.85.
6. WINNER NOTIFICATION: Once the selection of the potential winner is complete, the potential prize winners will be notified by email or Facebook private message (the “Prize Notice”) at the e-mail address or account used in the entry form. Each potential winner will be required to respond within one week from notification. Notification is deemed to have occurred immediately upon sending of the Prize Notice. The Company is not responsible for any change of email address, mailing address and/or telephone number of Entrants. Sponsor is not obligated attempt to notify potential winners by any other method or means of communication. Potential winners will be required to execute an Affidavit of Eligibility, Tax Forms (including I.R.S. Form W-9), a Liability Release, and (where applicable) a Publicity Release form (collectively, “Prize Claim Documents”) and return such executed Prize Claim Documents within the time indicated by Sponsor. If a Prize or Prize Notice is returned as undeliverable, if a potential winner fails to respond or execute and return the Prize Claim Documents (as directed) within the time frame specified, or if a potential prize winner is determined to be ineligible or disqualified for any reasons, his/her prize will be forfeited. In the event that a prize is unclaimed, Sponsor will attempt to award it to the next eligible Entrant and follow the same winner notification process. Sponsor will make one (1) attempt to award a prize, and if it remains unclaimed, the prize will not be awarded. Sponsor shall have no liability for any potential prize winner notification that is lost, intercepted or not received by any potential prize winner for any reason. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND CONTEST WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. GENERAL terms/LIMITATIONS OF LIABILITY:
(i) By entering this Sweepstakes, all Entrants agree to release, discharge, and hold harmless Sponsor, the Promotion Entities, Facebook and each of their parent companies, affiliates, subsidiaries, advertising agencies, agents and partners, and all of their respective employees, officers, directors, and representatives, from any claims, losses, and damages arising out of such Entrant’s participation in this Sweepstakes, any Sweepstakes-related activities, and the acceptance, possession, use and/or misuse of any prize awarded in this Sweepstakes. Neither Sponsor nor the other Promotion Entities assume any responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission; communications line failure; theft or destruction of or unauthorized access to Sweepstakes entries or entry forms; or alteration of entries or entry forms. Sponsor is not responsible for any problems with or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email entry to be received on account of technical problems or traffic congestion on the Internet or at any website, human errors of any kind, or any combination thereof, including any injury or damage to entrants' or any other persons' computers related to or resulting from participation, uploading or downloading of any materials related to in this Sweepstakes.
(ii) Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures destroy the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, or if required by Facebook, and to award the prizes based on eligible Entries received prior to the cancellation.
(iii) Sponsor’s decisions are final and binding in all matters relating to the Sweepstakes and judging.
(iv) Acceptance of any prize constitutes such prize winner’s permission for the Sponsor and other Promotion Entities to use such prize winner’s Entry (in whole or in part), name, photograph, likeness, voice, biographical information, statements and complete address (collectively, the "Attributes"), for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation or authorization, (except where prohibited by law), and such Entrant releases the Sponsor, Promotion Entities and designees from all claims arising out of the use of such Entry and/or Attributes and agrees to indemnify the Sponsor and other Promotion Entities for any third party claims arising out of the use of such Entry or Attributes by Sponsor or the Promotion Entities.
(v) Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, or stolen, entries or prize notifications. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select the winner based solely on Sponsor Judging from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(vi) ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF GEORGIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
(vii) By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Sponsor and/or other Promotion Entities relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement, will be resolved individually and exclusively in the courts of Atlanta, Georgia.
10. WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules, print this page. To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to “SHARPIE #SHARPIESKULLS GIVEAWAY” Attn: Eric Hills, Newell Brands Inc., 6655 Peachtree Dunwoody Road, Atlanta GA 30328. All such requests must be received within 60 days after the Promotion Period end date.
11. SPONSOR: Sanford, L.P. 6655 Peachtree Dunwoody Road, Atlanta GA 30328.
© 2016 Sanford, L.P.. All Rights Reserved.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook.