As of July 29, 2020
Pentel of America greatly appreciates the creativity and craftsmanship of artists. As part of Pentel’s commitment to craftsmanship and storytelling, we offer these promotional challenges to our artist community. Pentel will review the responses to these challenges and, in certain cases, select from among these submissions to share on its social media channels. Pentel aims to build a forum to honor craftsmanship, while offering selected artists a bit of promotion for their efforts via Pentel’s social media channels, as well as awarding prizes to randomly selected winners. These rules govern this process and, while containing some detailed legal terms, protects artists where it matters most.
A few things to note:
- You do not have to complete the challenges and submit content to enter the promotion and win the prizes—but if you choose to do so, your content may get promoted on Pentel’s social media channels.
- You will retain ownership to all content that you submit and to all works contained in it.
- These terms grant Pentel permission to view your content, to select it, and to potentially promote and display it on Pentel’s social media channels. This agreement does not permit any other uses.
- Drawings for prizes will be conducted daily and/or weekly during the promotion period and drawn from the entries received from that daily and/or weekly period.
Thank you for your participation in these promotional challenges. We hope you find them motivational and a valuable way to spend your time. We wish to thank artists for their contributions. We hope this contribution to our community serves meaningfully to build bonds over craftsmanship and process.
NO PURCHASE NECESSARY TO ENTER OR WIN. SUBMITTING USER CONTENT IS OPTIONAL AND WILL NOT IMPROVE YOUR CHANCES OF WINNING. To enter using the Alternative Method of Entry, click here.
DETAILS, QUALIFICATIONS, AND RESTRICTIONS FOR PARTICIPATION APPLY. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. ENTRANTS MUST BE LEGAL RESIDENTS OF THE UNITED STATES AND 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. BY UPLOADING A CONTENT SUBMISSION YOU REPRESENT YOU OWN/HAVE PERMISSION TO USE ALL RIGHTS TO IT (& WILL INDEMNIFY PENTEL OF AMERICA, LTD. FOR ITS PERMITTED USE). ENTRY INTO THIS PROMOTION CONSTITUTES FULL AND SATISFACTORY CONSIDERATION W/O ANY FURTHER COMPENSATION. NEED NOT BE PRESENT TO WIN. NO SUBSTITUTION WILL BE ALLOWED AND PRIZES MAY NOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION. PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM. FAILURE TO COMPLY WITH THESE RULES AND/OR INSTAGRAM RULES, POLICIES AND PROCEDURES WILL VOID AN ENTRY.
1. BINDING EFFECT.This term means that you are entering an agreement. This is a binding agreement and sets forth the terms and conditions under which Pentel of America, Ltd. (“Company” or “Pentel”) provides access to, and governs your (“You,” “Your,” or “Entrant”) use of the website located at challenge.pentel.com (the “Site”), and the information, content, features and services provided through the Site (together with the Site, collectively, the Service). By submitting an entry on the Site, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor and its appointed agents, which will be final and binding in all matters relating to the Promotion.
YOU AGREE THAT USING THE SITE AND SERVICE, OR CLICKING “I ACCEPT” IF PRESENTED WITH THESE OFFICIAL RULES IN A CLICK-THROUGH FORMAT, OR SUBMITTING AN ENTRY ON INSTAGRAM, SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES, CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE OFFICIAL RULES AND REPRESENTS THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. WITHOUT LIMITATION THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
It is your responsibility to review these Official Rules, so please read them carefully. If at any time you find these Official Rules unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. You agree that, by submitting an entry, you will be bound by these Official Rules and you acknowledge that you meet all of the eligibility requirements and other conditions.
2. START/END TIMES. The Pentel Challenge Promotion (“Promotion”) begins at 12:00:01 a.m. (midnight) Eastern Time (ET) on August 01, 2020 and ends at 11:59:59 p.m. ET on September 30, 2020 (“Promotion Period”). Five (5) Daily randomized drawings will be conducted during the weekdays of the Promotion Period for a “Daily Prize.” One (1) Weekly randomized drawings will be conducted on or about the end of each week of the Promotion Period for a “Weekly Prize.” See Prize section for prize details. . Administrator’s clock is the official time keeping device of the Promotion. Sponsor reserves the right to modify the scheduling of this Promotion without prior notification to the greatest extent allowed by applicable law.
3. SPONSOR.The Promotion is governed by these Official Rules. Pentel of America, Ltd. is hereinafter called “Sponsor” or “Company”.
4. ADMINISTRATOR AND PROMOTION ENTITIES.The Administrator of the Promotion is The Buddy Group, Inc. (“Administrator”). Sponsor and Administrator are collectively referred to herein as “Promotion Entities.” PLEASE NOTE that you may elect to use an Instagram account to participate in the promotion, which is free, and the Entrant must comply with all terms and conditions of Instagram registration and participation. No purchase or payment is necessary to join Instagram. Please note that an Instagram account is not controlled by and cannot be controlled or guaranteed by Sponsor.
5. HOW TO ENTER.During the Promotion Period, Entrants may enter this promotion by visiting challenge.pentel.com/submission/ and completing the Pentel Challenge Promotion entry form. Entrant may submit a content submission as indicated during entry at Entrant’s discretion. Entrant represents he/she owns/has permission to use all rights to it (and will indemnify Sponsor for such use). Alternatively, Entrants may enter this promotion by posting an appropriate and valid post on Instagram with the hashtag #PentelChallenge. Alternatively, Entrants may enter this promotion using the Alternative Method of Entry form by clicking here. By submitting an entry, entrants are automatically entered into both the Daily Sweepstakes and the Weekly Sweepstakes for the duration of the Promotion Period except as noted in the Eligibility Section below. Limit one (1) entry per valid email address via entry on the Site or Alternative Method of Entry. Limit one (1) entry per valid Instagram post.
6. ELIGIBILITY.This Promotion is made available to Entrants, defined below, residing in the fifty (50) United States and District of Columbia (excluding its territories and possessions), where not prohibited by law (the “Eligibility Area”). This Promotion is open only to eligible legal residents of the Eligibility Area who are eighteen (18) years of age or older as of the date of entry and have a valid social security or tax ID number. Promotion may only be entered from and in eligible jurisdictions. This Promotion is not open to: (a) directors, officers, employees, agents and independent contractors of Sponsor, or of its parents, affiliates, subsidiaries, professional advisors, consultants, or advertising or promotional agencies; (b) directors, officers, employees, and agents and independent contractors of any business entity retained by Sponsor for the administration of or otherwise associated with this Promotion; (c) immediate family members (parents, children, siblings, spouse) of (a), (b), or the both of them. Each Entrant may enter only as an individual on behalf of himself or herself. All applicable federal, state, and local laws and regulations apply.
Failure to submit all required information in the manner and format required in these Official Rules may result in disqualification. All entries must be complete in order to be eligible. Entrants and entries are subject to Verification by Promotion Entities. Proof of receipt of submission of entry does not constitute proof of receipt of entry.
Each Entrant must agree to these Official Rules to this Promotion made available via hyperlinks on the Promotion online entry form. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. ANY ENTRANT THAT DOES NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, IS NOT ELIGIBLE TO WIN ANY PRIZE AND SPONSOR RESERVES THE RIGHT NOT TO AWARD ANY PRIZE TO SUCH ENTRANT. “Entrant” or “you” means an eligible entrant under these Official Rules. An Entrant who becomes a winner in one Daily or Weekly Drawing is not eligible to win other Sweepstakes Drawings that occur later in time during the Promotion Period.
7. PRIZES.All prize details are at Sponsor’s sole discretion. Prizes will be awarded “as is” and any and all warranties and/or guarantees (if any) shall be subject to the prize manufacturer’s terms. Winners agree to look solely to such manufacturer(s) for any warranties and/or guarantees, if any. Any prize depiction is for illustrative purposes only and shall not be relied upon. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners are allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. Approximate Retail Values (“ARV”) for prizes are based the provider’s suggested retail price in the Eligibility Area at the start date of the Promotion Period. Actual values may vary. All prices are denominated in U.S. Dollars.
Daily Prize: Pentel Products, as selected by Sponsor, awarded each weekday of the Promotion Period. ARV: $10.
Weekly Prize: One (1) weekly prize will be awarded each week of the Promotion Period. Winner will receive (a) a backpack and (b) Pentel Products, as selected by Sponsor. ARV: $100
8. ODDS OF WINNING: Odds of winning a prize in the Daily or Weekly Sweepstakes are dependent on the number of eligible entries received ahead of the Daily or Weekly Sweepstakes drawing dates.
9. WINNER SELECTION AND NOTIFICATION:The potential winners in the Weekly Sweepstakes will be selected in a random drawing from among all eligible entries received, to be held daily and/or weekly during the Promotion Period, respectively. In the event, that Sponsor does not receive any entries for any Daily and/or Weekly Drawing during the Promotion Period for any drawing, for that day and/or week Sponsor reserves the right to not conduct a drawing and to not award a prize. Sponsor reserves the right in its sole discretion to determine the number of alternate or substitute Drawings that will be held in order to award any unclaimed prize(s). After any such number of alternate or substitute Drawings, any unclaimed prizes will remain un-awarded. Drawings will be conducted by Sponsor or its appointed agent, and all decisions are final. The potential winners will be contacted by email. If any potential winner cannot be reached within forty-eight (48) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given. Sponsor is not responsible or liable for failure to contact potential winners who provide incomplete or incorrect contact information.
10. CONDITIONS ON PRIZE CLAIMS.
a. Redemption Deadline: If necessary, Sponsor may require you to sign prize claim documentation to redeem a prize. Any Daily or Weekly Sweepstakes prize claim materials, including Affidavit of Eligibility and Release of Liability/Publicity, received in the winner notification mailing must be completed in full and returned for receipt within fourteen (14) calendar days of any such notification (“Redemption Deadline”). Receipt after that date will invalidate the Daily or Weekly Sweepstakes prize claim and cause the Daily or Weekly Sweepstakes prize to be forfeited. If any potential Daily or Weekly Sweepstakes prize winner fails or refuses to properly sign and return all Daily or Weekly Sweepstakes prize claim materials by the Redemption Deadline or if the Daily or Weekly Sweepstakes prize claim documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential Daily or Weekly Sweepstakes prize winner will be disqualified and/or otherwise forfeits his or her Daily or Weekly Sweepstakes prize. Daily or Weekly Sweepstakes prize claim materials become the sole property of Sponsor and will not be returned.
b. Eligibility: Sponsor reserves the right to disqualify any Entrant whose eligibility is in question. Promotion entries generated by script, macro, or other automated means will be void. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of this promotion or any applicable web pages or applications, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other individual. All entries must be complete to be eligible.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF THESE OFFICIAL RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. ANY PERSON ATTEMPTING TO FORGE PRIZE CLAIM MATERIALS OR DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THE PROMOTION MAY BE PROSECUTED TO THE FULLEST EXTENT PERMITTED BY LAW.
Entrants assume all risk of loss, damage, destruction, delay and misdirection of prize claim materials and are advised to obtain insurance where appropriate. Sponsor shall not be held responsible or liable for failure to contact potential winners who provide incomplete or incorrect contact information.
c. Identity of the Entrant: In the event of a dispute as to the identity of a potential winner, Sponsor will make the determination as to individual associated with the entry. A potential winner may be requested to provide Sponsor with proof that the potential winner is the individual associated with the winning submission. If a dispute cannot be resolved to Sponsor’s sole satisfaction, the submission will be deemed ineligible and the potential winner will be disqualified.
d. Conditions on Prizes. Prizes are non-transferable and cannot be assigned, redeemed for cash, and no substitutions are permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the advertised prize is unavailable. Any taxes (including income and withholding taxes) on a prize awarded directly to a winner are the responsibility of each winner per the U.S. tax law and per the tax laws for their respective country.
11. VERIFICATION OF ELIGIBILITY.A potential winner is not a recipient of the prize until he or she has been verified by Sponsor to be eligible, in compliance with these Official Rules and as the winner (“Verification”). Once the potential winner has been verified by Verification and found to be in compliance with these Official Rules, the potential winner becomes an official winner. Prizes will be distributed after Verification is complete.
12. LIST OF WINNERS:To obtain a list of winners, send an email to firstname.lastname@example.org with the subject line “Winner’s List, Pentel Challenge Promotion” between 10/01/2020 and 11/30/2020.
14. THE SERVICES.This term describes what this website does and protects the website from certain malicious activity. This Pentel Challenge Promotion Site provides information on Company’s voluntary social media challenges and offers users the ability to share their own submission and/or subscribe to email updates related to the Site and its social media challenges. Company may make certain software available to you from the Site in the form of a website. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. All modifications and enhancements to the Site and Service remain the sole property of Company. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. You may link to the Site in accordance with this linking policy: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Company and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Company, (iii) when selected by a user, the link must display the Site on full-screen and not within a frame on the linking site, and (iv) Company reserves the right to revoke its consent to the link at any time and in its sole discretion. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
15. FOR ALL ENTRIES.Your entry submission containing user content must be of your own original creation and executed solely by you. Entries must be submitted in English. Your entry submission must not have been submitted to any other promotion. Submissions must not misappropriate, infringe upon or violate the copyrights, trademarks, rights of privacy, publicity or any other intellectual property or other rights of any person or entity and must not defame any person or entity, or violate any laws or regulations. Submissions must not contain profanity; sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, weapons, hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm to another living creature; or any other offensive, obscene, or inappropriate content. Any entry submission that relates to or contains references to any third-party businesses or organizations may be disqualified in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry it deems offensive, defamatory, harmful, deceptive, inaccurate, inappropriate, not consistent with Sponsor’s image or reputation, or not in compliance with these Official Rules.
Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.
Failure to submit all required information in the manner and format required in these Official Rules may result in disqualification. All entries must be complete in order to be eligible. Entrants and entries are subject to Verification by Sponsor. Proof of receipt of submission of entry does not constitute proof of receipt of entry.
16. USER CONTENT.We appreciate artists and their contributions. This term governs how we will use the content that you submit.
User Content Definition. “User Content” means any information, including, but not limited to, video recordings and/or links to the website address storing such video recordings, or any other content posted, downloaded, displayed, performed, transmitted, or otherwise distributed to the Site or Service.
Ownership. Bottom line, you retain ownership in your User Content. You retain ownership of the User Content and all the copyright and other intellectual property rights therein, and this license does not transfer to Company any title to or any proprietary or intellectual property rights in or to the User Content, except for the license rights expressly granted by these Official Rules.
Limited License. This term authorizes us to use your User Content, but limited to the ways we mention, namely viewing the User Content, selecting it, and sharing it on our social media channels. This permission is non-exclusive, meaning we do not restrict the way that you use your User Content with others. This permission is royalty-free, meaning that the potential promotion of your User Content on Pentel’s social media channels serves as complete compensation for this permission. You grant Company a limited, non-exclusive, royalty-free license to use the materials you post to the Site or Service in connection with the operation of the Site, namely for the limited purposes of collecting, viewing, making selections of User Content for the Site and Company’s social media channels, and sharing those selections of User Content to Company’s social media channels for promotion, publication and display. You acknowledge and understand that you will not be compensated monetarily for any User Content that you contribute.
Making Selections. This term means that the User Content that Company selects for its social media channels is up to them. Upon submission of User Content, Company will make selections for the potential use on the Site and its social media channels in its sole discretion.
Publicity Rights. This term authorizes us to use your name and/or username in connection with the publicity of your User Content. You agree that Company may use or otherwise disclose your name and/or username in connection with your User Content. You acknowledge and understand that any personal details that you decide to disclose in User Content may become public at your own risk. The foregoing includes, without limitation, promotional, publicity purposes, or social media purposes associated with this Promotion, including, without limitation, the exploitation, distribution, advertising, and promotion of any User Content, in any media, throughout the world, individually or in conjunction with other materials.
Relationship of the Parties. This term protects you and the permission you give to us and restricts us from giving this permission to others. At the same time, this term describes that we are not creating certain business relationships with this agreement. This license does not permit Company to sublicense the User Content. The license granted by this section does not create any affiliate, partnership, joint venture, or agency relationship between you and Company.
Representation and Warranty. This term protects against infringement and uses of content that is not your own. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Using the Site. This term outlines uses of the Site where company limits the scope of its liability. You understand that all User Content whether publicly posted or privately transmitted, on the Site or through the use of the Site or the Service, are the sole responsibility of the person posting or transmitting such Content. Company does not control the User Content transmitted through the use of the Site or the Service and, as such, Company does not guarantee, and shall not be responsible for any deficiencies relating to, the accuracy, reliability or quality of such User Content. Further, you acknowledge that Company may or may not pre-screen User Content that is displayed on the Site or transmitted through the use of the Site or the Service. You understand that by visiting the Site or using the Service, you may be exposed to User Content that you may consider offensive, indecent or objectionable. Under no circumstances will Company be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on the Site or through the use of the Site or the Services.
17. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.This term details your agreement to abide by intellectual property laws when posting User Content.When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your email address. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
18. INAPPROPRIATE CONTENT.This term restricts you from posting User Content deemed inappropriate and authorizes us to remove any such content from our Site and social media channels.You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, hateful, pornographic, abusive, harmful, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) constitutes harassment or a violation of privacy or threatens other people or groups of people; (d) is harmful to children in any manner; (e) makes any false, misleading or deceptive statement or representation regarding Company and/or the Site or Service or (f) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service in its sole discretion, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Official Rules or of any applicable laws.
19. COPYRIGHT INFRINGEMENT.This term describes the process for removing content that infringes upon the copyrights of others.Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: email@example.com.
20. ALLEGED VIOLATIONS.This term permits the Company to restrict access to the Site and Services for certain violations.Company reserves the right to terminate your use of the Service and/or the Site in its sole discretion. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your User Content records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your access to the Site immediately and to remove any User Content, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Official Rules, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.
21. NO WARRANTIES.COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
22. RELEASE AND INDEMNITY OF SPONSOR; DISCLAIMER.This term protects Company against legal liability from certain uses of this Site and Service. By participating in any way in this Promotion, you accept and agree to release and hold harmless Sponsor and its retailers, suppliers, distributors, manufacturers, advertising and promotion agencies, professional advisors and consultants, promotion administrators, and their respective parents, successors, affiliates, subsidiaries, directors, officers, employees, agencies, agents, representatives and independent contractors (collectively, “Released Parties”) from ANY AND ALL liability of any injuries, losses or damages of any kind caused by or in connection with, in whole or in part, directly or indirectly, this Promotion, or the delivery, mis-delivery, acceptance, possession, use of, misuse of, or inability to use any prize, or travel-related activities, or your transmission of any message, content, information, software, or other materials, and release, indemnify and hold harmless the Released Parties from ANY AND ALL liability of any injuries, losses or damages of any kind, directly or indirectly, for your breach or violation of the law or of these Official Rules or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity (and, as to any and all of the above: including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort [including negligence], warranty or other theory). Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sponsor’s defense of such claim.
IF ENTRANT IS A CALIFORNIA RESIDENT, ENTRANT WAIVES ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Released Parties are not responsible for (a) technical, computer, hardware or software errors, interruptions, malfunctions or failures, (b) telephone failures of any kind, (c) lost or unavailable or congested Internet or network connections, (d) any errors or failures of any kind, whether human, mechanical, clerical, or electronic in nature, (e) failed, incorrect, inaccurate, incomplete, illegible, lost, misrouted, stolen, delayed, late, garbled, distorted or damaged online submission or entry forms (all of which will be deemed void) and communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Promotion, which may limit the ability to participate or by any human error or intervention which may occur in the processing of entries in this Promotion. Released Parties are not responsible for any printing or typographical errors in any materials associated with the Promotion. Sponsor reserves the right to modify, terminate, or suspend the online submission and entry process should viruses, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of this Promotion. Released Parties are not responsible for any injury or damage to any Entrant’s or any other person’s computer related to or resulting from participation in this Promotion. Entrants waive the right to assert as a cost of winning, any and all costs of Verification and redemption or travel to claim a prize and any liability and publicity that may arise from claiming or seeking to claim a prize.
23. AFFILIATED SITES.This term describes our relationship to third parties that may be linked or referenced on the Site or Services. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose websites may be linked with the Site, including social media websites like YouTube. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no endorsement or guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Official Rules shall govern your use of any and all third party content.
24. PROHIBITED USES.This term prohibits certain malicious uses of the Site and Services. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
25. COPYRIGHT.This term serves as a copyright notice. All contents of Site or Service are: Copyright © 2020 Pentel of America, Ltd. All rights reserved. The interfaces, content, arrangement and layout of the Site including, but not limited to, the Company trademark and logo, designs, text, artwork, graphics, images, buttons, user interfaces, information and other content, and any compilation of the foregoing (“Company Intellectual Property”) are the property of Company, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under U.S. and international laws and may not be reproduced, modified, communicated, displayed, distributed, or transmitted without the prior written permission of Company. You understand and acknowledge that, by visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any Company Intellectual Property or third party content located on the Site in any manner not expressly permitted under these Official Rules.
26. NO LICENSE.This term means that we do not grant you permission to use Company’s trademarks. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
27. GOVERNING LAW AND LIMITATIONS OF LIABILITY.This term designates the laws and jurisdiction that will govern this agreement. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, CA. These Official Rules and the interpretation of its terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Los Angeles, CA. With the exception to intellectual property infringement claims, under no other circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim 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, and in no event attorneys’ fees. .
28. SEVERABILITY; WAIVER.These terms relate to contract interpretation. If, for whatever reason, an arbitration proceeding or court of competent jurisdiction finds any term or condition in these Official Rules to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Official Rules shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
29. UNITED STATES USE ONLY.This term defines the territory intended for this Site and Services. The Site is controlled and operated by Company from its offices in the United States. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than the United States. Those who choose to access the Site, and/or the Service from locations outside the United States act on their own initiative and are responsible for compliance with applicable local laws.
30. MODIFICATIONS.This term relates to modifications of this Agreement. Company may, in its sole discretion and without prior notice, (a) revise these Official Rules in accordance with the law; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Official Rules to the Site, and the revision shall be effective immediately on such posting. You agree to review these Official Rules and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.
31. ENTIRE AGREEMENT.This term means that you agree to what is written in these Official Rules. These Official Rules, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site, Software, Service and Promotion and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or the Service.
32. ACKNOWLEDGEMENT.This term means that we can accept your use of the Site as an acknowledgement that you have read and agreed to these Official Rules. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE OFFICIAL RULES AND AGREE TO BE BOUND BY THEM.
33. SPONSOR: Pentel of America, Ltd., 2715 Columbia Street, Torrance, CA 90503. Pentel® is a registered trademark of Pentel of America, Ltd., all rights reserved.