NO PURCHASE REQUIRED TO ENTER OR WIN. MANY WILL ENTER, FEW WILL WIN.
I. SPONSOR; PURPOSE
The ecoWRITE® Gel Pen Art Contest (the “Contest”) is sponsored by INTEK America, Inc. (“INTEK”), 18528 S. Dominguez Hills Drive., Rancho Dominguez, CA 90220. INTEK is a California corporation.
The purpose of the Contest is to raise awareness of the importance of protecting our future…that is, our children and the world in which they live. The Contest is designed to encourage eligible Elementary, Middle School and High School students in the United States to use their creativity to create a drawing that depicts and/or is related to the theme “love our planet, care for our community” (the “Theme”). This is a skill-based contest and chance plays no part in the determination of the winners.
The Contest is open only to natural persons who are legal residents of the United States (i.e., must be able to show proof of legal permanent residence, such as a US passport or a green card). The Contest is void in Rhode Island, Puerto Rico, territories of the United States, outside the United States and wherever prohibited or restricted by law. Contestants must be in private or public Elementary School (grades 1-5), Middle School (grades 6-8), or High School (grades 9-12) in the United States (except Rhode Island, Puerto Rico or any territories of the United States), must have parental or a legal guardian’s prior consent to enter, and such parent or legal guardian must have a valid email address and physical address. Any minor that enters the Contest must have the written consent of a parent or legal guardian in order to be eligible to receive any of the prizes set forth in Section IX below.
The first place winners of previous ecoWRITE® Gel Pen Art Contests are not eligible to compete in the same school grade category in the following contests. The second and third place winners are eligible to compete in the following contests in any appropriate school grade category.
Employees of INTEK and any of its respective agencies, affiliates, partners, parent companies, travel companies, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, employees and other individuals engaged in the development or administration of the Contest, and the immediate family (spouse, parents, siblings, and children) and household members of each such employee or person(s) are not eligible. The Contest is governed by the laws of the United States and is subject to all applicable federal, state, and local laws and regulations. No purchase is necessary or required to enter or win the Contest. A purchase will not increase the chances of winning.
III. AGREEMENT TO OFFICIAL RULES
Participation in the Contest constitutes a contestant’s full and unconditional agreement to and acceptance of these Official Rules and Regulations (these “Official Rules”) and the decisions of INTEK, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules, including all documents and policies referenced herein.
The contestant retains ownership of intellectual property rights in and to the Entry (excluding INTEK’s rights in any INTEK intellectual property). However, by submitting an Entry to the Contest, a contestant grants INTEK a non-exclusive, irrevocable, perpetual, worldwide, transferrable, and royalty-free license to use, reproduce, publish, adapt, modify, display, publicly perform, create derivative works of or from, and distribute the Entry and the intellectual property contained therein for any purpose, including without limitation, on and through INTEK’s website located at http://www.ecowrite.com, its social media pages such as Facebook, Twitter, Pinterest, Instagram, etc., in any advertising, promotions or other printed or digital materials that INTEK chooses, and in any other form or medium for any other purpose whatsoever, without any attribution or compensation to contestant. This Contest does not and will not transfer any INTEK intellectual property rights to any contestant.
IV. ENTRY PERIOD
The entry period for the Contest begins on January 1, 2019 at 9 a.m. (Pacific Time) and ends on March 15, 2019 at 5:00 p.m. (Pacific Time) (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Entries will only be accepted in the manner described below. All dates are subject to change.
Although the Entry Period ends on March 15, 2019, as stated above, because Entries must be mailed, the Entry must be received by 5:00 p.m. (Pacific Time) on March 15, 2019. Entries received after the Entry Period has ended will be disqualified.
No Entries or submissions will be accepted through any electronic means, including without limitation through posting to INTEK’s social media pages or via email to INTEK.
V. HOW TO ENTER
Create a drawing that depicts and/or is related to the Theme using only gel ink pens, any brand (such drawing, is an “Entry”). The following requirements must be met for a drawing to be considered an Entry:
All Entries must be original art work and may not infringe any intellectual property rights (including but not limited to copyrights and trademarks in all pictures, art and other images contained in the Entry), rights of publicity, rights to privacy or other rights of third parties. All people who are readily identifiable in the Entry must expressly consent to the contestant’s submission of the Entry.
Entries shall be developed in good taste, and shall not contain content that is obscene or indecent, and shall not include profanity or pornography, drugs, alcohol, phone numbers, nudity, offensive or derogatory statements or gestures that may be offensive to individuals of a specific race, religion, ethnicity, sexual orientation or socioeconomic group, or other content deemed inappropriate by INTEK.
All Entries must include a completed Contestant Information and Release Form. Entries without a completed Contestant Information and Release Form or parent or legal guardian’s signature will be disqualified and will not be eligible to win any of the prizes.
Entries shall be submitted via US postal mail or overnight/express mail to INTEK America, Inc., c/o Mayelene Krikovitch, 18528 S. Dominguez Hills Drive, Rancho Dominguez, CA 90220. All mailed Entries should be packaged properly so that the Entry will not be damaged and must include proper postage. Proof of mailing does not constitute proof of entry. All Entries will be deemed submitted upon receipt and determination by INTEK that all of the Official Rules have been met.
Each contestant is limited to one Entry, all subsequent Entries by the same contestant will be disqualified. There are no registration, maintenance or other fees or obligations.
Any Entries found to violate any part or parts of this Section V shall be disqualified and will not be eligible to win any of the prizes.
All physical Entries become the property of INTEK and will not be returned to the contestant.
VI. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED
A first, second and third place winner will be selected by a panel of at least three third party judges from the Elementary School Entries; a first, second and third place winner will be selected by a panel of at least three third party judges from the Middle School Entries; and a first, second and third place winner will be selected by a panel of at least three third party judges from the High School Entries. The judge’s identification and qualifications can be found here: http://www.ecowrite.com/contestjudges. Winning Entries will be selected for best depicting, in the judge’s opinion, the Theme of the contest, including evaluation of the (a) artistic merit and drawing skills, (b) creativity and originality, and (c) relevance to Theme. In the event of a tie, the judges will re-evaluate the Entries according to these Official Rules until the tie is broken.All decisions by the judges and INTEK are final and binding.
In the event that there are not enough eligible Entries, not all prizes will be awarded.
Each winner will be notified by an email message to the email address with which the Entry was submitted. Winning Entries will be published on March 30, 2019, on and through INTEK’s website located at http://www.ecowrite.com, and/or its social media pages.
INTEK shall not be responsible for any changes to a contestant’s contact information.
The odds of winning will vary depending upon the number of Entries received.
VII. REQUIREMENTS OF A POTENTIAL WINNER
Potential winning contestants will be asked to provide INTEK with a valid physical address to which their prize can be mailed. If a winning contestant does not respond or provide a valid physical address within three (3) days after the first attempt by INTEK to contact him/her, INTEK may disqualify such contestant.
Potential winning contestants and their respective parents or legal guardians may be required, at INTEK’s request and sole discretion, to execute the following: (1) Affidavit of Eligibility and Liability Release; (2) Warranty of Ownership and License; (3) Publicity Release; and (4) any other affidavits, declarations, releases and/or additional documents that may be required by INTEK. Unless prohibited by law, if requested by INTEK, the potential winner and his/her parent or legal guardian must sign these documents no later than fourteen (14) calendar days from the date of receipt of prize notification in order for INTEK to award the prize. Noncompliance may result in disqualification, and, at INTEK’s discretion, selection of an alternative winner.
When a winning contestant is disqualified, INTEK may, but does not have to, award the prize that would have been awarded to the disqualified contestant to another contestant chosen by INTEK.
VIII. DISQUALIFICATION; CANCELLATION
INTEK reserves the right, at its sole discretion, to disqualify and/or remove from the Contest (a) any Entry deemed inappropriate or unsuitable by INTEK; (b) an Entry that is deemed by INTEK to be illegible or incorrectly submitted; (c) any Entry that fails to follow the requirements stated in these Official Rules; and (d) any contestant found tampering with the Contest, including without limitation by submitting more than one Contest Entry, using fake or duplicate identities, or participating in the Contest in violation of any applicable laws, or employer or service provider rules.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, INTEK RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
INTEK reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Contest or any portion thereof in the event of tampering or other circumstances beyond INTEK’s control that disrupt, corrupt and/or compromise the administration, security, fairness, integrity or proper conduct of the Contest or prevent the Contest from running as originally planned, including but not limited to a failure to receive at least twenty (20) Entries, acts of God or civil disturbance, infections by computer virus, bugs, tampering, unauthorized Entries, fraud, or technical failures.
Elementary School (grades 1-5)
First Prize – US $500
Second Prize – US $300
Third Prize – US $100
Middle School (grades 6-8)
First Prize – US $500
Second Prize – US $300
Third Prize – US $100
High School (grades 9-12)
First Prize – US $500
Second Prize – US $300
Third Prize – US $100
The prizes are not transferrable and non-substitutable. Any and all prize-related taxes, gratuities, fees and other expenses, including any and all federal, state and local taxes, are the sole responsibility of the winners.
X. RELEASE AND LIMITATION OF LIABILITY
All contestants and their parents or legal guardians acknowledge and agree that INTEK and any of its respective agencies, affiliates, partners, parent companies, travel companies, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, employees and other individuals engaged in the development or administration of the Contest (collectively, the “Released Parties”) are not responsible and shall be not liable for: (a) any late, lost, stolen, delayed, misdirected, corrupted, undelivered, illegible or incomplete Entry, or improper or ambiguous contestant identifying information, whether as a result of technical malfunctions, hardware, software or Internet failures, postal or postage issues, or any other cause; (b) any human or other error; (c) any misappropriation, tampering, alteration, misuse or unauthorized use or copying of an Entry; or (d) any condition caused by events beyond the control of INTEK which may cause the Contest to be disrupted or corrupted.
By participating in the Contest, contestants and their parents or legal guardians agree to release, discharge and hold harmless the Released Parties from and against any and all actions, claims, injury, loss, damage or other liabilities arising out of or relating in any manner to, directly or indirectly, participation in the Contest or the receipt, use, misuse or possession of any prize received in the Contest, including, but not limited to: (a) any postal, postage or technical errors that may prevent a contestant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) errors in the administration of the Contest or the processing of Entries; or (d) personal injury, property damage, death, illness or other injury or accident to person or property which may be caused, directly or indirectly, in whole or in part, by contestant’s participation in the Contest or receipt or use of any prize. Contestants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Contestants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Contestants authorize the Released Parties to use their name, social media username(s), biographical data, city and state of residence, school and school location, and Entry on and through INTEK’s website located at http://www.ecowrite.com, and/or its social media pages, worldwide in perpetuity, in any publicity or advertising relating to the Contest or future promotions, and on a winner’s list, if applicable, without compensation or approval, except in Tennessee or where prohibited by law. INTEK is not obligated to use any of the above-mentioned information or Entries, but may do so and may edit such information, at INTEK’s sole discretion, without further obligation or compensation.
This Contest is in no way sponsored, endorsed or administered by, or associated with, any social media site (such as Facebook, Twitter, Pinterest, Instagram, etc.).
In the event of a dispute as to the identity of a winning contestant, Entries will be deemed made by the name of the person on the back of the drawing of the submitted Entry. Except where prohibited, all contestants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforcibility of these Official Rules, a contestant’s rights and obligations, or the rights and obligation of INTEK shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
XII. PRIZE RECIPIENT LIST
For the list of winners, after March 30, 2019, please send a self-addressed, stamped envelope to: INTEK America, Inc., 18528 S. Dominguez Hills Drive, Rancho Dominguez, CA 90220, Attn: Mayelene Krikovitch. Residents of Vermont need not supply return postage.