Back to School Sweeps
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1. The Crayola “#BackWithTheBest” Sweepstakes (“Sweepstakes”) begins 12:00 AM Eastern Time (“ET”) July 28, 2014 and ends 11:59 PM ET September 14, 2014 (“Sweepstakes Period”). The Sweepstakes Period will be divided into forty-nine (49) daily entry periods (each a “Daily Entry Period”). Each Daily Entry Period begins at 12:00 AM ET and ends at 11:59 PM ET the same day.
2. Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and who have reached the age of majority in their state of residence at the time of entry.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, you understand that you are providing your information to the Sponsor and not Facebook. The information you provide will only be used for participation in the Sweepstakes.
3. There are four (4) ways to enter the Sweepstakes:
(i) go to http://www.crayola.com/splash/promos/back-with-the-best and complete and submit the official entry form by providing your first and last name, street address, city, state, zip code, phone number (including area code) and e-mail address to receive one (1) entry.
(ii) go to https://twitter.com/Crayola, become a follower of @Crayola and use your Twitter account to tweet a message and include the hashtag #BackWithTheBest (and optionally include a photograph that corresponds to the weekly theme as shown in the chart below) to receive one (1) entry. You must have a Twitter account to enter via this method. Establishing a Twitter account is free. You must be a follower of @Crayola and include the #BackWithTheBest hashtag in your tweet in order for your entry to be eligible. Photographs that do not correspond to an applicable weekly theme but do include the hashtag #BackWithTheBest will receive a Sweepstakes entry. Text and data charges may apply if you are accessing Twitter from your mobile device to enter this Sweepstakes. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following @Crayola Twitter account or deactivate your Twitter account at any time prior to the applicable random drawing, your entry will be void. Multiple entrants are not permitted to share the same Twitter account.
(iii) go to Facebook and create an original post that includes the #BackWithTheBest hashtag (and optionally include a photograph that corresponds to the weekly theme as shown in the chart below) to receive one (1) entry. You will need to create a Facebook account if you don’t already have one to enter via this method. Registering for a Facebook account is free and can be obtained by logging on to http://www.facebook.com and following the onscreen instructions to open an account. You must include the #BackWithTheBest hashtag in your post in order for your entry to be eligible. Photographs that do not correspond to an applicable weekly theme but do include the hashtag #BackWithTheBest will receive a Sweepstakes entry. Text and data charges may apply if you are accessing Facebook from your mobile device to enter this Sweepstakes. Check your wireless carrier for mobile phone capabilities and pricing plan details.
(iv) go to the Crayola Instagram page at http://instagram.com/crayola and become a follower. Then submit a photograph that corresponds to the weekly theme as shown in the chart below, and include the hashtag #BackWithTheBest to receive one (1) entry. Multiple entrants are not permitted to share the same Instagram account. You must be a follower of Crayola on Instagram and include the #BackWithTheBest hashtag in your post in order for your entry to be eligible. You must have an Instagram account to enter via this method. If you do not have an Instagram account, you may sign up for a free account at www.instagram.com. Photograph posts that do not correspond to an applicable weekly theme but do include the hashtag #BackWithTheBest will receive a Sweepstakes entry. Text and data charges may apply if you are accessing Instagram from your mobile device to enter this Sweepstakes. Check your wireless carrier for mobile phone capabilities and pricing plan details. Note: If you stop following the @Crayola Instagram account or deactivate your Instagram account at any time prior to the applicable random drawing, your entry will be void. Multiple entrants are not permitted to share the same Instagram account.
Week
Weekly Theme Dates (Each Weekly AM ET on start date and ends at 11:59 PM ET on end date)
Weekly Theme
1
7/28/14 – 8/3/14
Summer Fun: You may be thinking about back to school but they’re not! Show us a photograph of your child being creative on their summer vacation.
2
8/4/14 – 8/10/14
Draw Your Dream School: What if your school could be anywhere? And look like anything? Have you child draw the school of their dreams and share a photograph of it with us.
3
8/11/14 – 8/17/14
Kid in a Cart: It’s time to fill the cart with the best of back to school! Show us how your child helps shop for the best school supplies.
4
8/18/14 – 8/24/14
Show Us You’re Ready: Take a photograph of your child showing off their favorite back to school supplies – or all the back to school supplies you’re stocking your classroom with!
5
8/25/14 – 8/31/14
Super Supplies: The best back to school supplies show off your personality! Show us your book/backpack decorated with Crayola.
6 and 7
9/1/14 – 9/14/14
First Day Memories: You’re ready – now it’s time to go back with the best! Share a photograph of your child waiting for/getting on the bus on their first day.
By submitting a photograph, you represent and warrant that (a) you are the sole owner of the photograph and have all rights to the photograph; (b) you have the right to submit the photograph and to provide the Sponsor with a license to use the photograph; (c) your photograph consists of only your original work and no part of your photograph has previously been published anywhere else; (d) you have not granted any person, corporation or other entity any rights to use your photograph; (e) your photograph does not defame or violate the rights of publicity or privacy of any person, living or deceased, or otherwise infringe upon the publicity rights or privacy of any third person, living or deceased, or otherwise infringe upon any person’s personal or property rights or other third party rights; and (f) your photograph is not offensive or inappropriate, as determined by Sponsor in its sole discretion, nor does it violate any law. By submitting a photograph, you understand and agree that you shall retain all ownership rights to the photograph; however, by submitting a photograph, you hereby grant Sponsor a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sub-licensable and transferable license to edit, publish, use, adapt, exploit, modify or dispose of any photograph, in whole or in part, online, in print, film, television, or in any other media now or hereafter known throughout the world in perpetuity without compensation, permission or notification to you or any third party, for any purpose whatsoever.
By submitting a photograph, you acknowledge and agree that Sponsor may obtain many photographs in this Sweepstakes and that your photograph may be similar or identical in theme, idea, format or other respects to others submitted in this Sweepstakes or other promotions sponsored by the Sponsor, or to other ideas conceived by or provided to Sponsor, and you waive any and all claims you have or may have, now or in the future, that any photograph and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) are similar or identical to your photograph. Except where prohibited by law, you acknowledge and agree that the Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your photograph.
Limit one (1) entry per person, per e-mail address (including multiple Facebook, Twitter or Instagram accounts), per method of entry for each Daily Entry Period (maximum of four (4) entries per Daily Entry Period). Eligible entries into each Daily Entry Period will be included in the Grand Prize drawing (as described in section 4). The maximum number of entries attainable per person for the Grand Prize drawing is one hundred ninety-six (196). If entries are received in excess of the stated limitation from any person or e-mail address (including multiple Facebook, Twitter or Instagram accounts) via any method of entry during any Daily Entry Period, only the first such entry received via such method of entry will be eligible for entry in that Daily Entry Period. Entries must be consistent with the image of Sponsor, and must not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights. Sponsor reserves the right to reject any photograph, in its sole and absolute discretion, on the basis that a submitted photograph is offensive or is not in keeping with the Sponsor’s image and reputation. Entries must be in English. Sponsor reserves the right to remove any photograph without prior notice. Submission of erroneous or incomplete information will void the entry. By submitting an entry via Facebook, Twitter or Instagram, the entrant consents to being contacted by direct message (“DM”) if selected as a potential winner. All entries, whether or not selected as a winner, become the property of the Sponsor (as defined below) and will not be acknowledged or returned. Should multiple users of the same e-mail, Facebook, Twitter or Instagram account enter the Sweepstakes and a dispute thereafter arises regarding the identity of the entrant, the authorized account subscriber or authorized account holder of said e-mail, Facebook, Twitter or Instagram account at the time of entry will be considered the entrant and required to comply with these Official Rules and all requirements set forth herein. “Authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization, which is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Use of any automated system and use of any other devices to subvert the entry process to participate is prohibited and will result in disqualification (and all associated entries will be void). In the event of a dispute as to any registration, the authorized account holder of the Facebook, Twitter or Instagram account will be deemed to be the entrant and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned a Facebook, Twitter or Instagram account. The potential winner may be required to show proof of being the authorized account holder.
4. A random drawing will be conducted approximately one (1) day after the conclusion of each Daily Entry Period for the Daily Prize package (as described in section 5) from among all eligible entries received. After the conclusion of the Sweepstakes Period, a random drawing will be conducted for the Grand Prize (as described in section 5) from among all eligible entries received during the Sweepstakes Period. Drawings will be conducted by Trymark Consulting Group, L.L.C., an independent judging organization whose decisions are final and binding. Odds of winning will depend on the total number of eligible entries received for the applicable drawing. Non-winning eligible entries from one Daily Entry Period will not roll-over into subsequent Daily Entry Period drawings.
5. Daily Prize packages (49 total, one (1) per Daily Entry Period): Each Daily Prize package consists of: Two (2) Crayola Crayons, 24 ct. (Estimated Retail Value (“ERV”) $2.49 each), two (2) Crayola 24 ct. Ultra-Clean Washable Crayons (ERV $2.99 each), one (1) Crayola Crayons, 64 ct. (ERV $5.99), one (1) Crayola Fun Effects! Twistables Crayons 24 ct. (ERV $6.49), one (1) Crayola Ultra-Clean Markers, Broad Line, Classic Colors, 10 ct. (ERV $4.99), one (1) Crayola Ultra-Clean Markers, Fine Line, Classic Colors, 10 ct. (ERV $4.99), one (1) Crayola Ultra-Clean Markers, Broad Line, Bright, 10 ct. (ERV $4.99), one (1) Crayola Ultra-Clean Markers, Fine Line, Bold, 10 ct. (ERV $4.99), one (1) Crayola Colored Pencils, Long, 24 ct. (ERV $4.99), one (1) Crayola Visi-Max Dry-Erase Markers, Broad Line, 8 ct. (ERV $11.97), one (1) Crayola Erasable Colored Pencils, 24 ct. (ERV $4.29), one (1) Crayola Washable No-Run School Glue, 4 oz. (ERV $1.49) and one (1) Crayola Washable Watercolors, 16 ct. (ERV $2.79). Total ERV of each Daily Prize package is $68.93. Grand Prize (1): A $500.00 gift card (awarded in the form of a pre-paid debit card) (certain terms & conditions as specified by issuer apply) (ERV $500.00). The Grand Prize winner will also have the opportunity to nominate an eligible school in their community to receive a $5,000.00 Crayola Back to School package (consisting of Crayola products to be determined by Sponsor). The Grand Prize winner should nominate a public or state-accredited private or charter school for grades K-8 in their community. High Schools, Home Schools, Colleges, Universities and Vocational/Trade Schools are not eligible for nomination. Total ERV of all prizes combined is $8,877.57. Winners will be responsible for all taxes (including federal, state and local taxes) and any other costs and expenses associated with acceptance and use of the prizes not described herein as being awarded. Prizes are not transferable, redeemable for cash, or substitutable except by Sponsor, which reserves the right, at its discretion, to substitute a prize or portion of prize with one of comparable or greater value. All prize details are at the sole discretion of the Sponsor. Limit one (1) Daily Prize package per person, per e-mail address and per household for the duration of the Sweepstakes Period.
6. Employees of Crayola L.L.C. (“Sponsor”), Trymark Consulting Group, L.L.C., and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, retailers, distributors and suppliers, and the immediate families (spouse, parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same households of such employees, whether or not related, are ineligible to enter or win. Void where prohibited by law. Subject to all applicable federal, state and local laws and regulations.
7. Potential winners may be notified by phone, e-mail or DM to his or her Facebook, Twitter or Instagram account and will be required to respond within three (3) business days of date of its issuance. In the event that any e-mail to a potential winner is returned as undeliverable, any phone number provided by a potential winner is incorrect or no longer in service, a response to any given e-mail, phone call or DM is not received within three (3) business days of date of its issuance or a potential winner is not in compliance with these Official Rules, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. Potential winners may be required, in the sole discretion of the judges, to execute and return an affidavit of eligibility and a liability release and, where legal, a publicity release within fourteen (14) days of date of issuance of those documents or prize may be forfeited and, at Sponsor’s discretion, awarded to an alternate winner. In the event a potential winner is not in compliance with these Official Rules or the prize or prize notification is returned as undeliverable, the prize may be forfeited and, at Sponsor’s discretion, an alternate winner may be selected. For Grand Prize winner’s school nominee, an authorized officer of the nominated school will be notified and required to execute and return an Affidavit of Eligibility/Liability and, unless prohibited, a Publicity Release form within five (5) business days of date of issuance. In the event the Grand Prize winner does not nominate a school, or the nominated school is not eligible or declines the prize, Sponsor reserves the right to select a school of their choosing to receive the Crayola Back to School package.
8. By participating, entrants agree as follows: a) to abide by these Official Rules, and to the decisions of Sponsor and the judges, which shall be final and binding in all respects; b) to the use of their names and/or likenesses and/or biographical data by Sponsor and its designees if selected as a winner for advertising, promotional and other purposes in any or all media now or hereafter known throughout the world in perpetuity without compensation, permission or notification (except where prohibited by law); and c) THAT SPONSOR, FACEBOOK, INC., TWITTER, INSTAGRAM, TRYMARK CONSULTING GROUP, L.L.C., AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, RETAILERS, DISTRIBUTORS AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR THE USE OR MISUSE OF ANY PRIZE. PRIZES ARE AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH THE PRIZE. Released Parties are not responsible for lost, delayed, interrupted or unavailable network, server, cable, satellite, Internet Service Provider (ISP) or other connections, miscommunications, failed phone, computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other errors or malfunctions of any kind whether computer, network, human, mechanical, electronic, printing, typographical or otherwise relating to or in connection with this Sweepstakes, including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials or for any damage to entrant’s or other person’s computer, hardware or software as a result of participation. Released Parties are also not responsible for entries that are lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered garbled or delayed by computer transmissions and all such entries are void. Sponsor is not responsible for any prize that is lost, damaged, stolen, delayed, misdirected, or undelivered. Persons found tampering with or abusing any aspect of this Sweepstakes or who are in violation of these Official Rules as solely determined by the judges will be disqualified and all associated entries will be void. Every entry must be manually keystroked and manually entered by the individual participant and repetitive automated electronic submission of entries is specifically disallowed. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such entries will be void. In the event the Sweepstakes is compromised by virus, bugs, worms, non-authorized human intervention or other causes which corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, or if Sweepstakes is unable to run as planned for any other reason, Sponsor reserves the right in its sole discretion to modify, suspend or terminate the Sweepstakes or any portion thereof and/or terminate the participation of any entrant (and void his/her entry/ies) whose conduct potentially compromises the Sweepstakes and at its sole discretion, if terminated, to award the prize(s) for the drawing(s) at issue from among all eligible non-suspect entries received for such drawing(s) prior to the act requiring such termination. The invalidity or unenforceability of any provision of these Official 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 Official 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. CAUTION: Any attempt by an entrant to damage the website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) to the fullest extent permitted by law.
9. AS A CONDITION OF PARTICIPATING, ENTRANT AGREES THAT A) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES, IF ANY, AND B) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY COMPENSATION OR CREDIT TO BE PROVIDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND C) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, IF ANY, AND IN NO EVENT SHALL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR OTHER LEGAL COSTS OR EXPENSES.
You and the Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Official Rules or the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules or the Sweepstakes 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS, CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently located at http://www.crayola.com/privacy.aspx; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.
11. The names of the winners (available after September 30, 2014) and/or a copy of these Official Rules may be obtained by mailing a self-addressed, stamped #10 envelope to: Crayola “#BackWithTheBest” Sweepstakes – Winners/Rules (please specify which), P.O. Box 295, Gainesville, VA 20156, for receipt no later than December 1, 2014. VT residents omit return postage on rules requests.
12. Sponsor: Crayola LLC, 1100 Church Lane, Easton, PA 18044-0431.
Promoter: Trymark Consulting Group, L.L.C., P.O. Box 295, Gainesville, VA 20156.
Facebook, Inc., Twitter and Instagram are not sponsors or promoters of this Sweepstakes
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