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THE FOLLOWING CONTEST IS VALID AND ONLY INTENDED FOR LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID OUTSIDE THE 50 UNITED STATES/DC AND WHERE PROHIBITED. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
MANY WILL ENTER, ONLY THREE WILL WIN.
Contest begins June 28, 2009 at 12:00:01 am Central Daylight Time ("CDT") and ends September 19, 2009, at 11:59:59 pm CDT (the "Contest Period").
HOW TO ENTER: There are two ways to enter the contest:
- Purchase a canvas back pack from a participating Office Depot store and express your creativity by designing it with Sharpie Markers, then take a photo of your Design.
- Visit MyProjectBackpack.com during the Contest Period and follow the on-screen instructions to download and print out an official contest template of the Sharpie Back Pack. Create your Design with markers on the template and scan it in.
Once you have created your Design, return to MyProjectBackpack.com to upload your photo or scanned image of your Design and complete the information requested on the official entry form, then submit the completed entry form and photo or scanned image as instructed on-screen. Photo or scanned image must be in .pdf, .jpg, .gif, .png or .bmp format. File size must be no larger than 2 MB. The completed entry form and Design are collectively referred to herein as an "Entry". Once submitted, an Entry cannot be deleted, cancelled or modified. There is no limit on the number of entries that any one person can submit, however you may enter the Contest under only one name and use only one email address for all of your Entries, and only one of your Entries can be named a Finalist Entry. Entries must be received by 11:59:59 pm CDT on September 19, 2009. No other attempted method of entry will be accepted or acknowledged. All designs submitted will be reviewed before being posted and those deemed to be of an indecent or offensive nature as solely determined by the Sponsor and its agents will not be posted or eligible for the voting phase of the contest.
SELECTING/JUDGING THE CATEGORY FINALISTS: All Entries will be judged by an independent panel of judges as determined by the Sponsor, whose decisions are final and binding on all matters relating to this Contest, based on the following equally weighted (50% each) criteria: (a) creativity, (b) originality. In the event of a tie, the tied Entries will be re-judged using the same criteria by a different judge who will serve as the tie breaker. The entrants who submitted the ten (10) highest scoring Entries will be deemed “Finalists”. Limit one Finalist design per person. All eligible Finalist Designs (subject to verification) will be posted online at MyProjectBackpack.com (the “Web Site”) during the Voting Period (see below).
THE VOTING PERIOD: The Voting Period begins at 12:00:01 am CDT on 10/25/09 and ends at 11:59:59 p.m. CDT, on 11/08/09 (“Voting Period”), during which time the public may visit the Web Site and vote for the best Design based on creativity and originality. Limit one vote per person/email address per day. If more than one vote is received from the same person or email address, all votes from said person or email address will be disregarded. Sponsor reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Any attempt by any person to fraudulently circumvent the voting restrictions in order to cast multiple votes will result in disqualification of all such votes received and may result in disqualification of the entrants for whom the improper votes were received if the Sponsor determines that that entrant was involved in any way in the perpetration of such fraud.
At the conclusion of the Voting Period, the Finalists who submitted the Designs that received the top three votes during the Voting Period will be named the Prize Winners and will be awarded the Prizes (as described below). In the event of a tie in the voting, the Finalist that received the higher score in the first round of judging will be declared the winner.
ELIGIBILITY: You must be a legal resident of one of the 50 United States or D.C., 5 years of age or older to enter this Contest. Children under the age of 13 will need permission from a parent or legal guardian to enter. Employees of Sponsor, Office Depot, Inc., and each of their respective parent companies, affiliates, subsidiaries, divisions, business units, advertising and promotion agencies, Contest judges, and members of their immediate family, defined as spouses, parents, children, siblings and each of their respective spouses (whether such family members are biological, adoptive, step or in-law) and those living in the same household of such employees are not eligible to enter.
DETAILS: Entrants shall not receive any compensation or credit for Sponsor’s use of Design, other than that disclosed in these rules. Entries become the property of Sanford, L.P. (“Sponsor”) and will not be acknowledged or returned. Entries must include all of the required information as set forth in the on-screen entry instructions and herein or they will not be eligible. In the event of a dispute as to the identity of the person submitting an Entry, such Entry will be deemed made by the person named on the entry form. Any Entries not in conformance with these Official Rules will be disqualified.
The additional requirements apply to the Design:
- Design cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity.
- Design cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message.
- Design cannot be obscene or offensive, endorse any form of hate or hate group.
- Design cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies.
- Design cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without express written permission of the trademark owner, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses.
- Design cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission.
- Design cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission.
- Design cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
- Design cannot depict, and cannot itself, be in violation of any law.
BY SUBMITTING AN ENTRY, ENTRANT (AND HIS/HER PARENT/LEGAL GUARDIAN, IF ENTRANT IS A MINOR) ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE, IN SPONSOR’S DISCRETION. By submitting an Entry, Entrant (and his/her parent/legal guardian, if Entrant is a minor) agrees that submission is gratuitous and made without restriction, and will not place Sponsor under any obligation that Sponsor is free to disclose or otherwise disclose the ideas contained in the Design on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. Entrant (and his/her parent/legal guardian, if Entrant is a minor) acknowledges that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Submission of an Entry grants Released Parties an unlimited, worldwide, perpetual, license and right to publish the Design in any and all media, without limitation, and without consideration to the entrant. By submitting an Entry you (or your parent/legal guardian if you are a minor in your state of residence) warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party. Entrants agree to indemnify and hold harmless Releasees from any claims to the contrary. By accepting a prize, the winner (or winner's parent/legal guardian if winner is a minor in your state of residence) agrees that its Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner (or the parent/legal guardian if winner is a minor in their state of residence) shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
Sponsor is not responsible for typographical errors or any other errors submitted by the entrant. Entries not complying with all rules are subject to disqualification. No correspondence regarding entries will be entered into with entrants, except as provided herein. Finalists (or their parent or legal guardian if a minor in their state of residence) will be required to sign a release to that effect as well as an indemnity holding Sponsor and other Releasees harmless against any third party claims that may arise out of Sponsor's use of such Design, in order to be eligible for further consideration in the Contest. By entering, entrant agrees that he/she has no right to bring (and covenants not to bring) any claim, action, or proceeding of any kind or nature whatsoever against Sponsor and other Releasees in connection with this Contest. By entering and/or accepting prizes, entrants agree to be bound by the official rules. Each Finalist must consent to the use of his/her name, address (city and state only) and their Design for use on a back pack to be produced and sold at Office Depot during 2010 and for advertising/publicity purposes in commerce and in any and all media worldwide without limitation or additional compensation, except where prohibited by law.
PRIZE/APPROXIMATE RETAIL VALUE:
One (1) Grand Prize will be awarded to the Finalist who receives the most votes The Grand Prize will consists of a check in the amount of $5,000 for the winner and the winner’s back pack design will be produced and sold in Office Depot stores in 2010. The Approximate Retail Value (ARV) of the Grand Prize is $5,000.
One (1) First Prize will be awarded to the Finalist who receives the second highest quantity of votes. The First Prize will consist of a check in the amount of $3,000. The ARV of the First Prize is $3,000.
One (1) Second Prize will be awarded to the Finalist who receives the third highest quantity of votes. The Second Prize will consist of a check in them amount of $2,000. The ARV of the Second Prize is $2,000.
The total approximate retail value of all prizes to be awarded in this Contest is: $10,000.00.
The prize is non-transferable. If the Grand Prize winner is unable to fulfill any requirements as designated by Sponsor, the Grand Prize will be forfeited and may be awarded to the Finalist whose Design had the next highest number of votes. The winner is responsible for all applicable federal, state and local income taxes on the prizes s/he receives. An IRS Form 1099 will be issued to the winners in January, 2010. The winner is advised to seek independent counsel regarding the tax implications of prize winnings.
MISCELLANEOUS: The potential Finalists will be notified by overnight mail on or about 9/25/09 and will be required to sign, have notarized and return an unmodified Affidavit of Eligibility, Publication and Liability Release and a Publicity Release (where permitted by law) within seven (7) days of issuance. If prize is won by a minor, his/her parent or legal guardian will be required to sign all documents on behalf of the potential winner. If notification documents are returned as undeliverable or if the potential winner fails to return required documentation in the time frame specified, the prize will be forfeited and awarded to the entrant who submitted the next highest overall scoring Entry.
By entering this Contest and by accepting a prize, winners agree, to release Sponsor, Office Depot, Inc., Wunderman, and each of their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and each of their respective employees, directors, officers, shareholders, agents, successors or assigns (collectively “Releasees”), from any and all liability, loss or damage of any kind incurred with respect to participation in this Contest, the awarding, receipt, possession, and/or use or misuse of any prize. By accepting any prize, the winner also consents to the use of his/her name and/or photo or likeness or biographical information for advertising/publicity purposes in commerce and in any and all media worldwide without limitation or additional compensation, except where prohibited by law. Releasees are not responsible for and are hereby released from liability with respect to: (i) electronic transmissions/entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by the Sponsor or its agents for any reason, (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries, (iii) failed or unavailable hardware, network, software or telephone, cable or satellite transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest or (iv) any entries submitted in a manner that is not expressly allowed under these Official Rules. All incomplete or non-conforming entries will be disqualified. Releasees are further not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the transmission, receipt or processing of the Entries. If for any reason this Contest is not capable of running as planned, or if this Contest or any Web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Contest and processing of Entries per these Official Rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, modify or suspend this Contest. Sponsor reserves the right to disqualify any entrant who fails to conduct him/herself in a good sportsmanship manner (as determined solely by Sponsor).
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY SUCH PERSON AND SEEK DAMAGES FROM HIM/HER TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/JURISDICTION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ILLINOIS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
PRIVACY POLICY: Please see the website of Sponsor (www.sanford.com), or the Contest website
(www. myprojectbackpack.com), for details on privacy policies regarding the use of personal information collected in the connection with this Contest. If you place a mark in the relevant boxes on the Contest entry form, your Contest entry information may be used by Sponsor to send you future communications.
WINNERS LIST: For the name of the winners, send a stamped, self-addressed (#10) envelope to: Sharpie Project Backpack Contest Winner List, P.O. Box 324 Lombard, IL 60148-0324. All requests must be received by 10/30/09. Winner list will be sent when the winner has been verified.
SPONSOR: The Contest is sponsored by Sanford, L.P., 2707 Butterfield Rd., Oak Brook, IL 60523.
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