FOLDERSTM SWEEPSTAKES OFFICIAL RULES
official rules are for each of a series of sweepstakes.
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
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
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
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.
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:
2 winners will receive a Rapid 5025e Superior Cartridge Electric Stapler
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.
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
The decisions of Sponsor will be final and binding on all matters relating to
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.
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
(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.
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.
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.
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
(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.
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.
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.
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
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.
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.