Official Rules for AVERY® Gives Back Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY. MAKING A PURCHASE WILL NOT IMPROVE ODDS OF WINNING. THIS SWEEPSTAKES IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA (INCLUDING THE DISTRICT OF COLUMBIA), AND WHO ARE AT LEAST THE AGE OF THIRTEEN IN THEIR RESPECTIVE STATE AT THE TIME OF ENTRY ("ENTRANT"). VOID WHERE PROHIBITED BY LAW.
The Sponsor will conduct the Sweepstakes substantially as described in these Official Rules. By participating in the Sweepstakes, each Entrant agrees as follows:
1. SWEEPSTAKES DESCRIPTION AND PERIOD: The Avery Gives Back Sweepstakes (the "Sweepstakes") starts July 14, 2014 at 12:00 a.m. Pacific Daylight Time (PDT) and ends August 31, 2014 at 11:59 p.m. PDT (the "Sweepstakes Period"). Sponsor's clock shall be the official clock of the Sweepstakes.
2. ELIGIBILITY: ONLY LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF THIRTEEN AT THE TIME OF ENTRY ARE ELIGIBLE TO ENTER THIS SWEEPSTAKES. This Sweepstakes is void in Puerto Rico, all US territories and possessions, and where otherwise prohibited by law in the United States. Employees, temporary employees, and contractors of Sponsor and its parent company, affiliates, subsidiaries, successors, assigns, agents, representatives, and any entity involved in the development, production, implementation, administration, or fulfillment of the Sweepstakes are not eligible to enter or win. Determination of eligibility status shall be at Sponsor's sole discretion and Sponsor's decision(s) regarding eligibility shall be final. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. Sweepstakes is subject to all federal, state and local laws and regulations.
3. HOW TO ENTER: NO PURCHASE NECESSARY, AND NO ENTRY FEE, PAYMENT OR PROOF-OF PURCHASE NECESSARY TO PARTICIPATE. An Entrant may enter during the Sweepstakes Period by visiting www.Avery.com/binders and accessing the Sweepstakes page and accurately enter the information requested, including, without limitation the legal name, address including zip/postal code, phone number and email address of the Entrant ("Original Entry"). Limit one (1) Original Entry per household address/Entrant per day. All entries and materials submitted become the property of the Sponsor and shall not be acknowledged or returned. An Entrant must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries shall be disqualified. Entries generated by a script, macro or other automated means shall be disqualified.
4. USE OF ENTRANT PERSONAL INFORMATION:
5. WINNER SELECTION:
Six weekly winner will be selected in a random drawing conducted by the Sponsor from all eligible Original Entries received each week during the Sweepstakes Period, i.e., on Monday July 21,2014, Monday July 28, 2014, Monday August 4, 2014, Monday August 11, 2014, Monday August 18, 2014, and Monday August 25, 2014. The weekly winners will be contacted by e-mail on or about 10 days after the drawing date set forth above. The grand prize winner will be selected in a random drawing conducted by the Sponsor from all eligible Original Entries received during the Sweepstakes Period on or about September 2, 2014. The grand prize winner will be contacted by e-mail on or about 10 days after the drawing date set forth above. The potential prize winners will be required to respond (as directed) to the notification within five (5) business days of attempted notification date. The failure to respond timely to the notification will result in forfeiture of the prize and, in such case, the Sponsor shall randomly select an alternate winner from among the remaining eligible Original Entries. Sponsor is not responsible for any messages not received by the potential winner. Sponsor is not responsible for suspended or discontinued Internet service that may result in potential winners not receiving the prize notification. The potential prize winner will be required to verify name and complete address and may be required to execute an Affidavit of Eligibility and Liability/Publicity Release, except where prohibited by law.
6. PRIZES: Selected winners are eligible to win the following prizes:
One (1) Grand Prize (each Grand Prize includes all of the following components):
- A basket of certain Avery-branded school supplies, such as by way of a non-limiting example, binder, divider, writing instrument, label and glue stick. Approximate Retail Value of the Prize is: $200. Delivery dates will depend upon product availability.
- One (1) Apple® iPad® Air. Approximate Retail Value is $499.
Six (6) Weekly Prizes (each Weekly Prize consists of the following):
- A basket of certain Avery-branded school supplies, such as by way of a non-limiting example, binder, divider, writing instrument, label and glue stick. Approximate Retail Value of the Prize is: $200. Delivery dates will depend upon product availability
Lost or stolen prizes will not be replaced. Prizes do not include any other item or expense not specifically described in these Official Rules, and all additional expenses, if any, are the sole responsibility of the potential winner. Prizes may not be transferred or assigned.
Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Sponsor reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prizes cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prizes "as is", and both winners and Entrants hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prizes.
Any valuation of the prize(s) stated above is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.
By accepting the prizes, the winners grant Sponsor a perpetual, worldwide, royalty- free, irrevocable license to use its name, likeness, photograph, voice recording identification, e-mail, if any in any media now known or hereafter known (including without limitation use online at the Sponsor website) in connection with the promotion of this and other Sweepstakes as well as other advertising and promotional purposes determined by Sponsor, and the winners waive any and all claims and/or rights to receive any royalties or other compensation for Sponsor’s use thereof, unless prohibited by law.
7. ODDS OF WINNING: Odds of winning depend on the number of eligible Original Entries received during the Sweepstakes Period.
8. CONDUCT: By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor that shall be final, conclusive and binding in all respects. These Official Rules are accessible from www.Avery.com/binders throughout the Sweepstakes Period. Failure to comply with these Official Rules may result in an Entrant being deemed ineligible to win a prize.
Sponsor reserves the right at its sole discretion to disregard the entry of any Entrant suspected of tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER USER TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. ISSUES OF LAW:
a) Taxes. ALL FEDERAL, STATE, AND LOCAL TAXES RELATING TO PARTICIPATION IN THIS SWEEPSTAKES OR THE AWARDING OF THE PRIZES ARE THE RESPONSIBILITY OF THE PRIZE WINNER. Valid taxpayer ID or Social Security number may be required from the winner when accepting the prize. A 1099 form may be issued to the winner. Prize shall not be awarded until all such properly executed and forms are returned.
b) Governing Law. By entering, Entrants, and by accepting a prize, winners, agree that all issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes, these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Ohio, irrespective of the fact that any one of the parties is now or may become a resident of a different state. By voting in this Sweepstakes, Entrants, and by accepting a prize, winners, consent to the jurisdiction and venue of the federal, state and local courts located in Cuyahoga County, Ohio and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Sweepstakes or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
c) Severability. If any provision of these Official Rules shall be held invalid, illegal or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
d) Important Disclaimers and Limitations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPONSOR, ITS AGENTS, REPRESENTATIVES AND CONTRACTORS HEREBY DISCLAIM ANY WARRANTIES, OBLIGATIONS, LIABILITIES, RIGHTS AND REMEDIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ENTRANTS UNDERSTAND AND ACKNOWLEDGE THAT SPONSOR HAS NOT MADE, AND THAT THEY ARE NOT RELYING ON, ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS MADE TO ENTRANTS REGARDING THE VALUE OF THIS SWEEPSTAKES OR THE ODDS OF BEING SELECTED AS A WINNER , OR ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS USED IN CONNECTION WITH THE SWEEPSTAKES, THESE OFFICIAL RULES OR ANY WEBSITES PERTAINING THERETO. ALL DATA, INFORMATION, PRODUCTS, SERVICES AND GRAPHICS RELATED TO THE SWEEPSTAKES, THESE OFFICIAL RULES AND ANY WEBSITES ARE PROVIDED "AS-IS, WHERE-IS" WITHOUT TECHNICAL SUPPORT OF ANY KIND.
IN NO EVENT SHALL SPONSOR, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES BE LIABLE TO ENTRANTS OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST PRIZES) RELATED TO THE SWEEPSTAKES. THESE OFFICIAL RULES, THE PERFORMANCE OR BREACH OF THESE OFFICIAL RULES BY SPONSOR, THE USE OR EXPLOITATION OF ANY CONTENT, OR OTHERWISE, EVEN IF SPONSOR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the Internet or any combination thereof, or; (e) any injury or damage to participant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Sweepstakes or download any materials in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned for reasons which may include without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part.
10. RELEASE: Entrants and winners, each agree to release Sponsor, its directors, officers, parent, subsidiaries and affiliated companies, contractors, agents, representatives, suppliers, printers, application developers, advertising, promotional agencies (the "Released Parties"), from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the official www.Avery.com/binders website; submitting an entry or otherwise participating in any aspect of the Sweepstakes; the receipt, ownership or use of any prize awarded; preparing for, participating in or traveling to and/or from any Sweepstakes-related or prize-related activity, or any typographical or other error in these Official Rules or the announcement of offering of any prize. The Released Parties are further not liable for damage to an Entrant or user’s computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an Entrant’s participation in the Sweepstakes or downloading of information in connection with the Sweepstakes. Sponsor reserves the right to modify or cancel the Sweepstakes in the event that any portion of any website used to administer any aspect of the Sweepstakes becomes technically corrupted.
11. WINNERS LIST: To request the names of the winners, send an e-mail with subject line, "Avery Gives Back Sweepstakes", to email@example.com. Names of winners will be available after September 17, 2014, and requests must be received no later than November 10, 2014.
12. SPONSOR: Sponsor: Avery Products Company (“Sponsor”), 50 Pointe Drive, Brea, CA 92821.
The Sweepstakes and all accompanying materials are © 2014 Avery Products Company. Avery is a registered trademark of CCL Labels, Inc. Apple, Inc. is not a sponsor of and not associated with this Sweepstake. iPod® and Apple® are registered trademark of Apple, Inc.