Terms & Conditions


Skip to Official Rules for "Sharpie Ink It Pink & Win for Your School" Contest


USER GENERATED SUBMISSION LICENSE AGREEMENT

This agreement affects your legal rights and requires you to enter into a legal and binding agreement with Newell Rubbermaid, Inc. Please read this agreement very carefully and make sure you understand your rights and obligations before signing this agreement and submitting any materials to Newell Rubbermaid, Inc. By clicking on the “submit” box below you agree to be bound by these terms and conditions.

This User Generated Submission License Agreement (“Agreement”) is entered into between you and Newell Rubbermaid, Inc. concerning your submission(s) containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials (“Submission”) for Newell Rubbermaid, Inc.’s consideration and possible use in connection with one or more of Newell Rubbermaid, Inc.’s (which for purposes of this Agreement includes all entities affiliated with Newell Rubbermaid, Inc.) websites. For good and valuable consideration, the receipt of which you hereby acknowledge, you agree to the following:

  1. You hereby grant Newell Rubbermaid, Inc. the following rights:
    1. An irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Submission, including, without limitation, the title(s) and each and every element of the Submission, in whole or in part, in any and all manner and media throughout the world; and
    2. The right to use your name, voice, image, likeness and biographical data in connection with both the Submission and the Promotion, including, without limitation, in credits, advertising, publicity, promotional and marketing materials.
  2. You hereby acknowledge and agree that:
    1. Newell Rubbermaid, Inc. shall have the right to crop, edit, alter or arrange the Submission in any way it desires in Newell Rubbermaid, Inc.’s sole discretion;
    2. Newell Rubbermaid, Inc. shall not have any obligation to provide you with any credit when using your Submission, but in the event Newell Rubbermaid, Inc. chooses to provide you with credit the size and placement of the credit shall be at Newell Rubbermaid, Inc.’s sole discretion;
    3. No confidential or fiduciary relationship exists between you and Newell Rubbermaid, Inc., and that no such relationships have been established by reasons of this Agreement or by reason of my submission to Newell Rubbermaid, Inc.
    4. You shall waive any “droit moral” or “moral rights” that you may have in the Submission;
    5. You will not issue any publicity concerning Newell Rubbermaid, Inc. and/or the Promotion;
    6. You are not entitled to any compensation or other payment from Newell Rubbermaid, Inc. in connection with the Submission; and
    7. Newell Rubbermaid, Inc. has not made any promises or representations to you in order to induce you to provide the Submission.
  3. You represent and warrant that:
    1. You have the full power and authority to enter into this Agreement, to grant the rights herein and to perform all of your obligations set forth in this Agreement;
    2. You are the author of the Submission and that each and every element of the Submission is an original work created by you;
    3. You are the sole and exclusive owner of the Submission and all of the trademark and copyrights therein;
    4. No third party is entitled to any compensation or payment as a condition for Newell Rubbermaid, Inc.’s use and exploitation of the Submission; and
    5. The Submission, and each and every element therein, does not (i) infringe upon the copyright, trademark or other intellectual property right of any third party, (ii) violate the privacy or publicity rights of any third party, and (iii) contain any libelous or slanderous material or defame any third party;
    6. The Submission does not contain any (i) pornography or sexually explicit content, (ii) criminal or illegal acts, and (iii) violent or dangerous acts.
  4. You agree to defend, indemnify, and hold harmless Newell Rubbermaid, Inc. and DraftFCB, their parents, officers, directors, employees, consultants, licensees, agents, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense (including court costs and reasonable attorneys' fees) resulting from claims made against Newell Rubbermaid, Inc. or DraftFCB by third parties arising from any breach, or alleged breach, of your representations, warranties or obligations hereunder.
  5. You shall not sue, and you irrevocably, unconditionally and entirely release, waive and forever discharge Newell Rubbermaid, Inc. and DraftFCB, their parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to Newell Rubbermaid, Inc.’s use of the Submission, the Promotion and/or your decision to provide Newell Rubbermaid, Inc. with your Submission. Without limiting the generality of the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive and you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of the Submission and/or the Promotion.
  6. You acknowledge that the Submission may contain concepts, ideas, materials, proposals, suggestions and the like relating to the Promotion and/or other Newell Rubbermaid, Inc. initiatives (the “Material”). With respect to the Material you acknowledge that:
    1. Newell Rubbermaid, Inc. receives numerous submissions from many parties and/or may have independently developed and/or considered similar Material and that Newell Rubbermaid, Inc.’s review of the Material is not an admission of novelty, priority or originality;
    2. Newell Rubbermaid, Inc.’s use of any similar Material whether based on your Submission, provided to Newell Rubbermaid, Inc. by third parties, or independently developed or considered by Newell Rubbermaid, Inc., shall be without obligation to you.
  7. You understand that Newell Rubbermaid, Inc. will be acting in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon these grants of rights, representations, warranties and indemnities should Newell Rubbermaid, Inc. use your Submission.
  8. You hereby acknowledge that you have kept a copy of the Submission for your own use and that Newell Rubbermaid, Inc. will not return the Submission provided by you. Newell Rubbermaid, Inc. shall have the right to retain or destroy the Submission at its sole discretion, and you hereby release Newell Rubbermaid, Inc. from any claims related thereto.
  9. Newell Rubbermaid, Inc. shall be entitled to assign or sublicense all or a portion of the rights and licenses granted herein and/or this Agreement in its entirety, without payment to you. You shall not have the right to assign this Agreement or any of your obligations herein and any such assignment is voidable by Newell Rubbermaid, Inc. in its sole discretion. This Agreement is binding upon and shall inure to the benefit of the respective licensees, successors, heirs and permitted assigns of the parties hereto.
  10. No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach.
  11. In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, such provision shall be severed, and the balance of the Agreement shall continue in full force and effect.
  12. This Agreement has been entered into in the state of Illinois and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of Illinois, without giving effect to its conflicts of laws principles. You consent to the exclusive jurisdiction of the federal and/or state courts of such state in regard to any dispute arising out of this Agreement.
  13. This Agreement, together with the Terms of Use located at www.sharpie.com sets forth the entire understanding between Newell Rubbermaid, Inc. and me with respect to the subject matter of this Agreement.


OFFICIAL RULES

"Sharpie Ink It Pink & Win For Your School" Contest


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.

THE FOLLOWING CONTEST IS OPEN ONLY TO INDIVIDUALS 13 YEARS OF AGE OR OLDER WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES OR DISTRICT OF COLUMBIA (“D.C.”). YOU MUST HAVE INTERNET ACCESS AND A VALID EMAIL ADDRESS AT TIME OF ENTRY AND THROUGH COMPLETION OF THIS CONTEST (INCLUDING PRIZE AWARDING PERIOD). VOID OUTSIDE THE UNITED STATES/D.C. AND WHEREVER PROHIBITED. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.

1. CONTEST PERIOD: Sharpie Ink It Pink & Win For Your School Contest (the “Contest”) beings at 12:00:01 a.m. Central Time (“CT”) on 10/8/12 and ends at 11:59:59 p.m. CT on 11/02/12 (the “Contest Period”).

2. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who as of the date of entry are 13 years of age or older, and who at the time of entry and through the completion of the Contest (a) have internet access and (b) have an email address (which must remain the same throughout the Contest). Employees of Sanford, L.P., its affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and such employees’ immediate family members (defined as parents, spouses, children and siblings, whether biological, adoptive, step or in-law) and/or those living in the same household of each (whether related or not) are not eligible to participate or win.

3. HOW TO ENTER: To enter, create a pink ribbon using permanent markers only and then photograph/scan your original piece of art (“Artwork”). Once you have created your permanent marker artwork, during the Contest Period, you can enter the Contest by visiting www.sharpie.com, and follow the on-screen directions to complete and submit your entry information as explained on the Application. For those eligible participants using the Sharpie Website, to be eligible to enter, you must have an active account or create an account with a valid username and password. To create an account, visit the Sharpie Website. Participants shall click on the “Start Something New” button, and follow the on-screen directions to complete and submit your entry information. All participants shall complete the entry form with all required information and upload a digital photograph of your Artwork in a .jpg format (no larger than 2Mb). No purchase is necessary and a purchase of Sponsor’s products will not impact your participation in this Promotion. Number of entries is not limited. Entries become the property of Sanford, L.P., (“Sponsor”) and will not be acknowledged or returned. Proof of submission is not proof of receipt by Sponsor. Entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method are ineligible and will be disqualified. Sponsor reserves the right to disqualify any individual and all entries using such method. In the event of a dispute as to the identity of 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.

All entry materials including the entry form, and the digital photograph of the original Artwork are collectively referred to herein as an "Entry". Submit the Entry as instructed on-screen. Entries must be received by 11:59:59 pm CDT on November 2, 2012. No other method of entry will be accepted or acknowledged. Entries must include all the required information or they will not be eligible. In Sponsor’s sole discretion, a participant may be required to submit the original Artwork as part of the judging process. In such cases, the original Artwork will be returned to the participant at the end of the judging process. Sponsor and its agents are not responsible for any damage to Artwork or for any lost, late, misdirected, or incomplete Entries or for any inaccurate transcription of entry information, or any failures and/or delays in on-line transmissions, malfunction or failure of any Internet connection, malfunction or failure of software or hardware, or any other errors or delays in the transmission or receipt of Entries, whether human or technical in nature Any Entries not in conformance with these Official Rules will be disqualified. By entering the Contest, the participant consents to the use of his/her name, address (city and state only), quote(s), Entry (including any portion thereof) and Artwork for advertising/publicity purposes in commerce and in any and all media worldwide without limitation or additional compensation, except where prohibited by law.

Each participant represents that the Artwork is participant's own original creation, created solely by participant, has never been published, has not previously been entered into any other Contest or won any other contest or award, was not created as part of coursework for a class, does not infringe third party rights and is suitable for publication (i.e., not indecent or obscene). Each participant represents that the Artwork was created within the last six (6) months. Each participant further represents and warrants that the right to submit, and use of, said Entry and Artwork is not restricted, and agrees to indemnify the Released Parties (as defined in Rule 8, below) from any third party claims against the Released Parties regarding Sponsor's use of said Entry and/or Artwork. Entry and Artwork must be in keeping with Sponsor’s image and cannot be offensive, as determined by the Contest judges in their sole discretion, and cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's or third party’s personal or proprietary rights. If the Artwork contains the likeness/identity of any third party, participant may be required to provide a written release from such third party upon Sponsor’s request. Failure to provide such documentation within the time frame requested by Sponsor may result in disqualification from the Contest. Sponsor is not responsible for typographical errors or any other errors submitted by participants. Entries not complying with all rules are subject to disqualification. No correspondence regarding Entries will be entered into with participants, except as provided herein. By submitting an Entry, participant grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify such Entry in any way, in any and all media, without limitation, and without consideration to the participant. Participants (and their parent/legal guardian if participant is an eligible minor) may be required to sign a release to that effect as well as an indemnity holding the Released Parties harmless against any third party claims that may arise out of Sponsor's use of such Entry and/or Artwork, in order to be eligible for further consideration in the Contest. By entering the Contest, participant 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 the Released Partiesin connection with this Contest. By entering and/or accepting prizes, participants agree to be bound by the official rules.

4. SELECTING/JUDGING THE WINNERS: All eligible entries received during the Contest Period will be judged once per week on or about 10/12/12, 10/19/12, 10/26/12 and 11/2/12 by a panel of judges selected by the Sponsor, whose decisions are final and binding on all matters relating to this Contest, based on the following equally weighted (33% each) criteria: (a) Originality, (b) creativity, (c) Use of Pink theme 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.

Weekly Winner Selection:One (1) weekly winner will be selected. The participant receiving the highest score will be named the Weekly Prize Winner for the drawing week and will be awarded the Prizes (as described below). Selection for each set of weekly prizes shall take place on or about noon CST on each Friday for the duration of the Promotion from among all eligible entries received up until the drawing time. Non-winning entries will be carried forward for subsequent weekly judging. All eligible entries must meet criteria in Section 4. Odds of winning depend on the number of eligible entries received. If the potential weekly winners cannot be contacted within seven (7) days after the first attempt to make contact, such potential winners will be deemed to be ineligible and disqualified. In such event, Sponsor may select alternate potential winners.

6. PRIZES/APPROXIMATE RETAIL VALUES: There will be One (1) Prize Winner selected per week for a total of four (4) Prize Winners throughout the promotion period. Each Prize Winner will receive 200 sets of 2 pack Sharpie Ink It Pink Markers (Retail value: $2.77 each), and 200 sets of 2 pack Sharpie Ink It Pink Pens (Retail value: $2.98 each) (collectively, the “Weekly Prize”). Total individual Weekly Prize ARV: $1,150.00.

The total approximate retail value of all weekly prizes for the Promotion is $4,600 USD. A participant may only win one (1) Weekly Prize throughout the promotion.

7. PRIZE NOTIFICATION/WINNER VERIFICATION: The potential winners will be notified by email and s/he may be required to execute and return an affidavit of eligibility, liability release and, except where prohibited by law, a publicity release within seven (7) days of date printed on prize notification, or prize will be forfeited and an alternate winner selected from remaining eligible entries received, time permitting.

Prizes are non-transferable except as provided herein or at the discretion of the Sponsor. No prize substitutions or cash redemptions, except Sponsor reserves the right to substitute a prize of equal or greater value if for any reason an advertised prize cannot be awarded as intended in these rules; and potential winners agree to such substitution as a condition of entry in this Contest. Limit one prize per household. Any valuation of the Weekly Prize stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner will be reported for tax purposes as required by law. Winners are responsible for payment of any income taxes on prizes under applicable federal, state and local laws. Winner(s) must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600.00 in prizes from the Sponsor will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS. Sponsor advises potential winners to seek independent tax counsel prior to accepting a prize.

If any prize notification letter or prize is returned as undeliverable, or appropriate affidavits, releases and tax documents are not received within the prescribed period, the corresponding prize will be forfeited and awarded to an alternate winner, chosen by the panel of judges. All prizes properly claimed will be awarded. Judges’ decisions are final in all matters relating to this Contest.

8. MISCELLANEOUS: Winners and all participants, as a condition of entry into the Contest, agree to defend, indemnify, release and hold harmless Sponsor and its Administrators, all of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, claims, losses, actions, or damages to persons or property, whether actual, incidental or consequential, which may be sustained in connection with (a) submitting an entry or otherwise participating in any aspect of the Contest, (b) the receipt, possession, ownership or use/mis-use of prize awarded, or (c) any typographical or other error in these Official Rules or the announcement of offering of the prizes. By entering and/or accepting a prize, each participant and/or winner consents to the use of his/her name, likeness, quotes and/or identity by Sponsor for advertising and publicity purposes in commerce and in any and all media worldwide without limitation, with no additional compensation, except where prohibited by law. Released Parties 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 participants’ 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. Released Parties are further not responsible for and are hereby released from liability with respect to 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. For any reason, including if for any reason this Contest is not capable of running as planned, or if this Contest, the Application 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 participants, 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

9. 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.

10. WINNERS LIST: For the names of the winners, mail a self-addressed, stamped envelope to: Susan Wassel, Sanford, L.P., 2707 Butterfield Rd., Oak Brook, IL 60523.

11. PRIVACY POLICY: Please see Sponsor’s privacy policy at http://www.newellrubbermaid.com/public/Privacy.aspx regarding Sponsor’s use of personal information collected in connection with this Contest.

12. SPONSOR: The Contest is sponsored by Sanford, L.P., 2707 Butterfield Rd., Oak Brook, IL 60523.


You hereby acknowledge that you have carefully read the foregoing terms and conditions and agree to enter into this agreement.