Beyond Folders Sweepstakes Rules and Regulations

Published Monday, May 17, 2010 6:49 PM

BEYOND FOLDERSTM SWEEPSTAKES OFFICIAL RULES

 These official rules are for each of a series of sweepstakes.

 NO PURCHASE NECESSARY.  A PURCHASE  OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

 Entry deadlines for the various separate Sweepstakes are set forth below.  There will be three Prizes awarded for each separate Sweepstakes,  The odds of winning depends on the number of entrants to each sweepstakes. 

 By entering a Sweepstakes, each entrant certifies that he/she is at least 18 years old or the age of majority in his/her state of residence, if greater than 18 and otherwise eligible (see Eligibility Requirements in Section 1 below); and (ii) accepts and agrees to be bound by all terms of these official sweepstakes rules ("Official Rules").

Two prizes will be awarded in each sweepstakes.  The twoprizes winner will be determined by random drawing from among valid entries received from eligible participants.

 1.         Eligibility.  Each Beyond Folders Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty United States and the District of Columbia who are at least eighteen (18) years old at the time of entry.  However, employees of Esselte Corporation, and its parent, subsidiary and affiliate companies, members of such employees' immediate families, and individuals living in the same households of such employees are not eligible.  Subject to all applicable federal, state, and local laws and regulations.  Void where prohibited.  Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2.         Sponsor:  Esselte Corporation, 225 Broadhollow Road, Suite 300, Melville, NY 11747. Sponsor's primary business is the manufacture of office supplies.

3.         Timing.  For each separate Sweepstakes, entries must be received by Sponsor electronically after midnight, New York City time on the Sweepstakes start date set forth below and before midnight, New York City time on the corresponding Sweepstakes entry deadline.  Entries not received within such time will not be valid to participate in the particular Sweepstakes drawing.

 

Sweepstakes

Number

Sweepstakes

Start Date

Sweepstakes

Entry Deadline

6

November 16, 2010

November 30, 2010

 

4.         How to Enter:  Eligible participants may enter the Sweepstakes by posting a comment on the Beyond Folders Contest page, or the Beyond Folders Facebook page, referencing the contest.

Limitation:   Only one entry per email address will be accepted per Sweepstakes.  If multiple entries are received for the same email address, only one will be considered.  Any attempt to obtain more than one entry by using different or multiple e-mail addresses, identities, log ins, automatic entry software or any other method is prohibited and will result in disqualification. No attempted means of entering a Sweepstakes other than that set forth in these Official Rules will be accepted as a valid entry in a Sweepstakes.  Incomplete and illegible entries, and entries with information reasonably determined by Sponsor (in its sole discretion) to contain false information, will not be valid.

Each prize winner is responsible for providing accurate information as to his/her residential mailing address and how he/she may be contacted via e-mail and telephone. 

All entries become the property of Sponsor and will not be acknowledged or returned.

 5.         Prize.  Subject to these Official Rules, there will be three (3) winners of each Sweepstakes subject to this Official Rules.  The winners of each Sweepstakes will receive a prize as follows:

Sweepstakes

Number

Sweepstakes Period

Prize Description

Average

Retail Value

6

11/16/2010-11/30/2010

2 winners will receive a Rapid 5025e Superior Cartridge Electric Stapler

$139.00

 

 

 

 Sponsor reserves the right to substitute a prize of a value equal to or greater than the value of the Prize, if the Prize, as described, is unavailable for any reason.

6.         Drawing.  (a) Each Sweepstakes winner will be selected by random drawing from among all valid entries received from eligible participants for that particular Sweepstakes.  The drawing for each Sweepstakes will occur within two business days after the Sweepstakes entry deadline.  The drawing will be conducted by Sponsor at its headquarters at 225 Broadhollow Road, Suite 300, Melville, NY 11747, using methods within its sole discretion.  Within two business days after the drawing, the potential winner will be notified by email, that his/her entry has been drawn (the "Notification").  The Notification will include the relevant Prize Claim Documents.  The potential winner will be required to execute and return the applicable original, signed and unmodified Prize Claim Documents, such that they are received by the Sponsor within seven (7) days of the date of the email Notification, or the Prize will be forfeited and an alternate entrant will be identified as a potential winner and so notified in the same manner as before.  Only two (2) alternate potential winners will be selected; afterwards, the prize will not be awarded.

(b) If a Notification email (including the Prize Claim Documents) is returned or is deemed by Sponsor (in its sole discretion) to be undeliverable, or in the event of non-compliance with the eligibility requirements and/or these Official Rules, the potential winner will be disqualified and an alternate entrant will be identified as a potential winner and so notified in the same manner as before.

(c) The decisions of Sponsor will be final and binding on all matters relating to the Sweepstakes.

 7.         Award of Prize:  The winners of each Sweepstakes will receive the Prize, subject to these Official Rules. The Prizes shall be awarded only to the individuals identified as the Prize winners and the right to a Prize may not be sold, assigned or transferred to any other person.  The Prizes must be accepted as awarded and no substitutions are allowed, except that the Sponsor may substitute a prize of a value equal to or greater than the value of the Prize, if the Prize, as described, is unavailable for any reason.  The Prize may not be redeemed for cash or other consideration.

8.         Specific Prize Conditions; Liability for Taxes.  (a) The winners will be required to execute an Affidavit of Eligibility and Liability Release, and, if permitted in his/her state of residence, a Publicity Release (collectively, the "Prize Claim Documents"). If a winner fails or refuses to sign and return all Prize Claim Documents in the manner and within the time set forth in Section 6(a) above, such winner may be disqualified and an alternate winner may be selected.

(b) Any tax liability of any nature, including income disclosure obligations, related to the receipt and/or use of a Prize, shall be the sole responsibility of the recipient.

 9.         General Conditions, including Release and Waiver of Liability.

(a)  By entering a Sweepstakes, each entrant agrees to be bound by and subject to these Official Rules, the decisions of Sponsor (which shall be final and binding in all respects) and Sponsor's Privacy Policy (available for review at http://www.pendaflex.com/enUS/Privacy/default.html).

(b)  Each Sweepstakes is subject to these Official Rules and is governed by the laws of the State of New York.  Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York.  All disputes arising out of or connected with the Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York.  Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York.  All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in the Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.

(c) By entering a Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives:

(i) releases and discharges Sponsor, and each of their respective affiliated companies, and all of their respective directors, officers, employees, representatives and agents (collectively, the "Promotion Entities") from any and all claims, debts, liabilities, demands, obligations, costs, expenses, actions and causes of action of every nature, character, and description, known or unknown, including personal injury and death and including claims arising out of the alleged negligence of an entity, which he/she may now own or hold, or have at any time heretofore owned or held, or may at any time hereafter own or hold, by reason of any matter, cause or thing whatsoever, occurred, done, omitted or suffered to be done, in connection with participation in the Sweepstakes, and/or from his/her acceptance, receipt, possession and/or use or misuse of a Prize; and

(ii) acknowledges and agrees that none of the Promotion Entities have made or are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, with respect to a Prize, including, without limitation, its quality or fitness for a particular purpose.

(c) Waiver of California Civil Code Section 1542.  Further, entrants are advised that California Civil Code § 1542 provides that:  A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.  By entering the Sweepstakes, each entrant, on behalf of himself/herself and his/her heirs, successors, assigns, agents and representatives, acknowledges that he/she understands the significance and consequences of California Civil Code § 1542 and, to the extent it may be applicable, elects to waive the benefits of its provisions, with the intent that this release and waiver of liability in Section 10(b) and (c) shall include claims known or unknown, and unknown and unsuspected.

(d) In order to validly enter and to claim a Prize, entrants are required to provide Sponsor with certain personally identifiable information ("PII") such as (i) to enter, name and e-mail address, and (ii) to claim the Prize, residential address, residential telephone number, daytime telephone number and/or other contact information. Such information may be used by Sponsor for the purposes set forth in the Sponsor's Privacy Policy, in accordance with the terms set forth in that Privacy Policy.

(e)  Promotion entities will not be responsible for undelivered, lost, late, misdirected, garbled or incomplete entries. Any such entries may be deemed void by Sponsor in its sole discretion.

(f) Sponsor reserves the right, in its sole discretion, to modify, suspend, or terminate a Sweepstakes if it determines, in its sole discretion, that a Sweepstakes is technically impaired or corrupted, or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined or impaired the integrity, feasibility, security and/or proper play of the Sweepstakes.  In addition, if for any reason a Sweepstakes cannot run as planned, including tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to (i) disqualify any individual who is responsible or who tampers with the entry process, and/or (ii) to cancel, terminate, modify or suspend the Sweepstakes, and (if the Sweepstakes is not cancelled) to select the winners from among all eligible entries received prior to the termination or modification.

(g) 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 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. 

(h) Except where prohibited by law, acceptance of a Prize shall constitute and signify the Prize winner's consent that Sponsor may use the winner's name, likeness, image, voice, photographs and written statements made by the Prize winner about a Sweepstakes, the Prize, Sponsor and/or Sponsor's products and services, for promotional purposes in all forms of media, in perpetuity, without payment or consideration.

10.       Identification of Winner: The first name and last initial, town and state of residence of the winner of each Sweepstakes will be posted on the Sponsor's website, http://www.pendaflex.com/enUS/beyondfolders, within thirty (30) days after the winner is determined, and will remain posted for at least thirty (30) days thereafter.  In addition, such information may be obtained by sending a self-addressed, stamped envelope (Washington and Vermont residents need not include return postage) so it is received not later than sixty days after the last day of the relevant Sweepstakes entry deadline set forth in Section 3 to:  Esselte Corporation, 225 Broadhollow Road, Suite 300, Melville, NY. 11747, Attention: Beyond Folders Sweepstakes Winners.  Only one request per envelope.  Such information will be available only for one year after the award of the Prize.

 

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About Beyond Folders™

Beyond FoldersTM is written by a team of Pendaflex associates passionate about time management, communications, productivity and workplace organization.  Believing in  "continuous improvement" on both a personal and professional level, they share their unique perspectives on subjects of common interest to our readers.

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