BIC® National Handwriting Day January On-Wall Facebook Sweepstakes
NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER (19 or 21 in some states) AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE FIFTY (50) UNITED STATES OR DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. HOW TO ENTER: The Sweepstakes begins at 3:00:00 PM Eastern Time (ET) on January 17, 2018 and ends at 11:59:59 PM ET January 23, 2018 (the "Promotion Period"). One prize will be awarded (“Prize”) in a random drawing (“Drawing”) from among all eligible entries received.
You may enter the Sweepstakes through the Facebook platform. Go to the BIC Pen Pals Facebook page at https://www.facebook.com/bicpenpals. On January 17, BIC will post a message on the BIC Pen Pals Facebook page requesting that Eligible Participants comment on the message posted. The message will be posted at 3:00:00 PM ET on January 17, 2018. Once you comment on the post (“Entry”), you will receive one (1) Entry into the Drawing. Participant responses to the posted message must be consistent with the message theme; failure to do so may result in such comment/Entry being void. Entry must be received by 11:59:59 PM ET January 23, 2018 in order to be eligible for the Drawing. Limit one Entry per person/Facebook ID. Subsequent corresponding entries submitted by the same person/Facebook ID will be void. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entries that are mechanically reproduced, copied, illegible, late or inaccurate are void. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. Entries will not be acknowledged or returned. Sponsor’s decisions are final on all matters relating to this Sweepstakes. If a dispute results as to the identity of an Eligible Participant, it will be determined that the online Entry was submitted by the authorized account holder of the Facebook ID from which the Entry is made. For these purposes, the authorized account holder is the natural person assigned to a Facebook ID by Facebook. The promotional website’s database clock will be the official timekeeping device for the Sweepstakes.
An Entry must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor in its sole discretion. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected entries. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, remove or dispose of any Entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law.
SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED TO THE WEBSITE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES. IF ENTRY IS REMOVED BY SPONSOR, ENTRY IS AUTOMATICALLY DISQUALIFIED.
The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. See Section 7 for Data Collection and Privacy information.
3. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age and older (19 or 21 in some states), who are physically located and reside in the United States or District of Columbia at the time of entry ("Eligible Participant(s)"). Void where prohibited or restricted by law. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and the respective household members, of BIC USA Inc. (“Sponsor”), its affiliates, subsidiaries, divisions, advertising and promotion agencies and Caffeine Inc. are not eligible to enter. Sweepstakes is subject to all federal, state and local laws. U.S. law governs this Sweepstakes.
4. PRIZE WINNER DETERMINATION AND NOTIFICATION: One (1) potential prize winner will be selected in a random drawing on or about January 24, 2018 from among all eligible entries received. The Drawing will be conducted by the Administrator. Sponsor’s decisions are final on matters relating to this Sweepstakes. Winner Notification: The potential prize winner’s name will be posted to the “comment” thread on the BIC Pen Pals Facebook page on or about January 24, requesting that the potential winner send the BIC Pen Pals page a “Direct Message” within forty-eight (48) hours of the potential winner’s name being posted to the “comment” thread. Once the potential winner successfully sends a “Direct Message” to the BIC Pen Pals page, the Administrator will respond to that message requesting email address, mailing address and telephone number within forty-eight (48) hours of potential winner’s “Direct Message”, in order to verify the potential winner and award the Prize. The potential winner’s name will be posted up to three (3) times. Non- compliance by the potential winner within this time frame or with the Official Rules, or if the Prize or the prize notification is returned as undeliverable, will result in the Eligible Participant being disqualified, and the Prize may be awarded to a potential alternate winner. If a potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, the Prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein. The winner will be posted on the BIC Pen Pals Wall at www.facebook.com/bicpenpals.
5. PRIZE: One (1) Prize: BIC® stationery prize pack. Approximate Retail Value (“ARV”) of the Prize is $100.00. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winner. The Prize may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Prize of equal or greater value if the advertised Prize is unavailable at the time the Prize is awarded. Allow 6-8 weeks for delivery of the Prize. Odds of winning the Prize depends upon the number of eligible entries received. The Prize will be awarded.
6. CONDITIONS OF PARTICIPATION: By entering, Eligible Participants agree to be bound by these Official Rules including all eligibility requirements. By accepting the Prize, the winner consents to the use of his/her name, image, likeness, photograph, voice and biographical material and Entry submission for advertising, publicity and promotional purposes by Sponsor, or a party designated by Sponsor, in any and all media now or hereafter known including but not limited to, any online announcements, or for sharing this information with the press for viewing, whether TV or print, throughout the world in perpetuity, without additional compensation, notification or permission, except where prohibited by law. Eligible Participants agree to abide by the terms of these Official Rules and the decisions of the judges and Sponsor, which are final, and waive any right to claim ambiguity in these Official Rules.
7. DATA COLLECTION AND PRIVACY: By participating, an Eligible Participant understands that he/she is providing his/her information to the Sponsor and not to Facebook. Sponsor will collect information from the Eligible Participant solely for the purpose of administering the Sweepstakes and to notify the winner. Sponsor will not share this information with any third parties except as necessary for the administration of this Sweepstakes.
ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRIES SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ANY AND ALL ADVERTISING AND PROMOTIONAL PURPOSES INCLUDING (BUT NOT LIMITED TO) IN CONNECTION WITH THE SWEEPSTAKES, IN PERPETUITY, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED.
8. REPRESENTATIONS AND WARRANTIES: Eligible Participants represents and warrants the following: 1) that he/she is the original author and sole owner of or has rights to any and all Entry submission posted, uploaded, or otherwise submitted; 2) the Entry will not, in Sponsor’s sole discretion, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or violates any third party rights of publicity or privacy. 3) that the Entry is not the subject of any actual or threatened litigation or claim; 4) that the Entry submission is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, as determined by the Sponsor, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law.
9. LIMITATION OF LIABILITY: ELIGIBLE PARTICIPANT HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ADMINISTRATOR AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND FACEBOOK, INC. AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASEES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF THE PRIZE AWARDED OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASEES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASEES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND RELEASEES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Releases are not responsible for any alert or notification failure resulting in an ability to claim the Prize. Releasees are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected entries, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to submit an Entry, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of Entry information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of entries which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Releases are not responsible for late, lost, incomplete, illegible, damaged or misdirected entries or mail. Entry submissions that have been tampered with or altered are void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to terminate the Sweepstakes and, if terminated, at its discretion, select the potential winner for the Promotion Period in a random drawing from among all eligible, non-suspect entries received for the Promotion Period prior to action taken. CAUTION: ANY ATTEMPT BY AN ELIGIBLE PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any Eligible Participant who violates the rules or interferes with the Sweepstakes in any manner. If an Eligible Participant is disqualified, Sponsor reserves the right to terminate such Eligible Participant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
10. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.
11. WINNER’S NAME: For the winner’s name, available after 1/30/18 mail a self-addressed, stamped envelope by 2/30/18 to: BIC® National Handwriting Day January On-Wall Facebook Sweepstakes Winner, One BIC Way, Suite 1, Shelton, CT 06484.
12. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is BIC USA Inc., One BIC Way, Suite 1, Shelton, CT 06484-6259. Administrator: Caffeine Inc., 800 Connecticut Avenue, 3rd FL-east, Norwalk, CT 06854.
©2017 BIC USA INC.