Contest and Sweepstakes Rules

Here is an archive of Livescribe’s contest and sweepstakes rules.

Summer Breezy Reading Contest Rules

S#*t My Dad Wrote Contest Rules

ENTRY TO THE CONTEST IS FREE AND NO PAYMENT OR PURCHASE IS NECESSARY TO ENTER OR WIN, EXCEPT FOR THE STANDARD CHARGES OF YOUR INTERNET ACCESS PROVIDER. A PAYMENT OR PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

BY ENTERING THE CONTEST YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE LIVESCRIBE TERMS OF USE AND PRIVACY POLICY

SECTION A – SPECIFIC TERMS FOR THIS CONTEST

Sponsor. “S#*t My Dad Wrote” (the “Contest“) is an on-line contest with skill, ability and knowledge components that is sponsored by Livescribe Inc., a California corporation having its principal office at 7677 Oakport St. 12th Floor; Oakland, CA 94621, USA (“Sponsor“), in connection with the official Livescribe product and website, www.livescribe.com, (the “Sponsor Site“). The Contest is governed by these Official Rules (these “Rules“). For any questions regarding the Contest, the Sponsor may be contacted by email at [press@livescribe.com] or by mail at the address identified in Section B.18 (“Winner’s List; Mailing List”) below.

Overview; Objective of the Contest. The objective of the Contest is to share a photo of something a father wrote by hand via Twitter or Facebook (as described in Section A.5 [“How to Enter“] below) and submit it in accordance with the format, content and other requirements identified in Section A.10 (“Criteria”) below. All currency value references in these Official Rules are as indicated.

Eligibility. THE CONTEST IS OPEN ONLY TO NATURAL PERSONS WHO, AT THE TIME OF ENTRY, ARE AT LEAST THIRTEEN (13) YEARS OLD (FIFTEEN [15] YEARS OLD FOR RESIDENTS OF NORWAY AND EIGHTEEN [18] YEARS OLD FOR RESIDENTS OF GERMANY), AND ARE LEGAL RESIDENTS OF THE 50 UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA BUT EXCLUDING PUERTO RICO), CANADA (EXCLUDING THE PROVINCE OF QUEBEC, CANADA), UNITED KINGDOM, AUSTRALIA, BELGIUM, CHINA, THE NETHERLANDS, COLOMBIA, DENMARK, GERMANY, INDIA, NORWAY, NEW ZEALAND OR SWITZERLAND. If on the Start Date you are a “minor,” meaning that you are under the age of majority in your jurisdiction (currently 18 or 19 in most U.S. states, and provinces of Canada and Australia; 18 in Belgium, China, the Netherlands, Colombia, Denmark, Germany, India, Norway, and Switzerland; and, for the UK, 16 in Scotland and 18 in most other parts of the United Kingdom), you must obtain permission from your parent or legal guardian, and your parent or legal guardian must consent to be bound by these Rules as if he or she were an entrant, before you submit an entry. Sponsor reserves the right to require minors to submit proof of parental/guardian permission and consent to these Rules at any time, without which they may be immediately disqualified from the Contest. Certain individuals are excluded from eligibility to enter or win, as described in Section B below. No purchase or payment is necessary to enter the Contest, and no purchase or payment, including choosing to purchase any Livescribe products will improve your chances of winning in any way.

Deadline. The Contest begins at 12:00 pm. Pacific Standard Time (PT) on June 11, 2014 (the “Start Date“). Entries for the Contest must be received by Sponsor no later than 12:00 p.m. PT on June 16, 2014 (the “Deadline“).

How to Enter. There are two ways to enter the Contest, as described below. Either way, all entries must comply with the entry requirements identified in these Rules (including in this Section and in Section B below), as well as with any specific formatting or content requirements identified in Section A.2 (“Overview”) above or on the ”How to Enter” blog post for the Contest on the Sponsor Site. It is each entrant’s responsibility to ensure compliance with those requirements. The ways to enter are as follows:

Enter on either Facebook or Twitter. To enter a new project in the Contest, follow these steps:

  • Find a handwritten letter from your father.
  • Take a photo of your favorite sentence or section. This shouldn’t exceed fifty (50) words.
  • Upload the photo to either Facebook or Twitter, via a new status update, and use the hashtag “#smartpen” so Livescribe can track the entry.

Winner Selection. There will be one (1) total winner for the Contest. The winner will be selected on June 16, 2014, and Sponsor will announce the winner on June 17, 2014. The winner will be awarded only the prize for which that winner was selected, as described below.

Prize. The prize to be awarded in the Contest is/are as follows:

  • One Livescribe smartpen from the Livescribe Store.
  • The maximum estimated retail value of the prize to be awarded in the Contest is: $199.95 USD.

The winner will be solely responsible for complying with any and all applicable federal, state, provincial, local or other statutes, laws (including, without limitation, common law, if applicable), rules and regulations relating to the prizes and for bearing any personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize. For entrants subject to tax obligations under the People’s Republic of China, the winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant Chinese tax authorities on his or her own and shall then submit the Sponsor a tax payment proof showing the tax is fully paid. If the winner fails to submit the afore-mentioned proof within a reasonable period of time as required by the Sponsor, the Sponsor reserves the right to disqualify the winner from entitlement to the prize. Please be aware that Contest prize may not be usable or function properly in certain countries and Sponsor has no knowledge relating to the use or functionality of such prizes in those countries. Use or operation of prize in certain countries may require additional parts, components or adapters, and Sponsor has no knowledge of any such requirements or any responsibility for obtaining any such parts, components or adapters. In addition, certain countries may prohibit the use or operation of the prize, in whole or in part, and Sponsor has no knowledge regarding, and shall have no responsibility for determining, whether the winner is permitted to operate or use the prizes in any particular country.

All entries that are in compliance with all terms and conditions of these Rules will be judged on the basis of the following criteria:

Criteria: clarity, ingenuity, creativity, quality of presentation, and execution of the minimum requirements. Sponsor will establish a panel of at least four (3) individuals (each, a Judge), including at least the following: VP of Marketing, Head of Global PR. Finalists will be judged by the full panel of Judges. In choosing the winner, the Judges will judge each finalist on the Criteria and the Judging Process as described in Section B below.

THE DECISIONS OF SPONSOR AND THE JUDGES WILL BE FINAL. SPONSOR WILL NOT CORRESPOND WITH ENTRANTS ABOUT THE DECISIONS OF THE JUDGES OR THE DETERMINATION OF THE WINNERS OTHER THAN AS EXPRESSLY PROVIDED IN THE RULES. Further information on the steps and process of voting and judging can be found in Section B below. Size of Entry Pool. Winning entries will be selected by the Judges in accordance with the Criteria as described in these Rules. The chances of any entry winning a prize depends on the number of eligible entries received between the Start Date and the Deadline and the quality of that entry as compared to the other eligible entries, as evaluated by the Judges in the manner described above. Sponsor does not know in advance the number of eligible entries that will be received. The number of eligible entries for Sponsor’s recently completed contests generally has ranged from approximately forty (40) to approximately one hundred (100), and generally has averaged approximately seventy-five (75), but Sponsor cannot predict or guarantee any specific number of eligible entries for the Contest.

SECTION B – ADDITIONAL TERMS FOR THIS CONTEST

General Conditions. By entering the Contest, each entrant agrees to abide by the terms of these Rules and by the decisions of Sponsor and the Judges, which shall be made in all cases in their sole and absolute discretion and are final and binding on all matters relating to the Contest. These Rules are a legally binding contract, with equivalent effect to a private contract between each entrant and Sponsor. The Contest is void where prohibited by law The Contest is governed by Sponsor’s Terms Of Use and Privacy Policy and other policies (collectively, the “Policies“) pertaining to the Sponsor Site, although the Rules will govern any conflict between the Rules and the Sponsor’s Terms or the Rules and the Privacy Statement.

Exclusions from Eligibility. Employees of Sponsor, any Co-Sponsor, or their respective parents, subsidiaries, affiliates, partners, suppliers, or advertising or promotional agencies (including without limitation any Judges who are employees of Sponsor, or any of their respective parents, subsidiaries, or affiliates), as well as members of their households or their immediate families (i.e., spouses, parents and children), may submit entries in the Contest, but any such entries are for information and entertainment purposes only and are not eligible to be considered for the purpose of selecting finalists or winners. Judges who are not employees of Sponsor, or any of their respective parents, subsidiaries, or affiliates, are not eligible to enter or win, nor are members of their households or their immediate families (i.e., spouses, parents and children). Notwithstanding the foregoing, Sponsor shall have no liability to any entrant or any other person in the event that Sponsor inadvertently awards a prize to any non-eligible person(s). In addition, each entrant acknowledges and accepts that Sponsor may be prohibited by applicable law from permitting entry by or awarding a prize to any person falling into one or more of the following prohibited categories: (a) a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country for which trade with the United States has been prohibited or restricted by any statute, regulation, order, rule, treaty, or other law of the United States or any other applicable jurisdiction in any manner that would prevent the awarding or delivery of any prize to the entrant; (b) a person on the U.S. Table of Denial Orders, Entity List, List of Specially Designated Nationals and Blocked Persons, or any other similar list of any applicable jurisdiction, or any person affiliated with any person or entity on any such list; (c) an official or representative of any foreign government; or (d) any other person to whom the awarding or delivery of any prize would violate any applicable statute, regulation, order, rule, treaty, or other law or any of Sponsor’s policies. If an entrant falls into any of the above prohibited categories, such entrant is not eligible to win any prizes.

Entry. One entry per participant please. Entrants must be registered members of either Facebook or Twitter to enter the Contest. For the winning entry, Sponsor will award the applicable prize to the named entrant only, except in the case of a minor, to such minor’s named parent or legal guardian only unless specific consent from such parent or legal guardian to award the prize to such minor in accordance has been obtained by way of a duly signed Winner’s Declaration and Release (See Section A.8 above). Upon submission, all entries become subject to the Policies (including without limitation the provisions regarding ownership and use of user submissions as stated in Sponsor’s Terms of Use and further described in Section B.15 (“Advertising and Marketing”). Notwithstanding the foregoing, entries to the Contest shall only be valid after the entry is accepted by Sponsor, and its acceptance occurs at Sponsor’s location in the United States. Entries will not be acknowledged or returned. Entrants are permitted to modify or update an entry after submission, but are not permitted to do so after the Deadline. Entries may not be created or submitted through any software-generated, robotic, programmed, script, macro, or other automated method. Sponsor and Co-Sponsor will have no responsibility for, and will have the right to refuse in its discretion, any entries that have been tampered with, or entries that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible. Proof of transmission of an entry shall not constitute proof of receipt.

Use of Personal Information. For further information concerning how Sponsor handles personal information, as well as provisions on confidentiality and the cases in which Sponsor may be entitled to disclose entrant’s information to third parties or upon request of an authority, consult Sponsor’s Privacy Policy, which is incorporated herein.

Additional Entry Requirements. Each entry must comply in all respects with the Policies, including without limitation all requirements for user submissions, as stated in the Terms of Use for the Sponsor Site. Without limiting that requirement, each entry also must comply with the following:

  • Unless otherwise specified on the “How to Enter” page for the Contest on the Sponsor Site, entries must not have been published prior to the Start Date;
  • Entries must not contain anything that is or may be: (i) threatening, harassing, degrading or hateful; (ii) defamatory; (iii) fraudulent or tortious; (iv) indecent or otherwise objectionable; (v) deemed to cause feelings of disharmony, enmity, hatred or hostility between different religious or racial groups; (vi) protected by copyright, trademark, patents, utility models, design patents or other proprietary right without the express prior written consent of the owner of such right; or (vii) dangerous or potentially dangerous, or that would encourage dangerous behavior from viewers, such as use of explosives and/or harmful substances; or (vii) contrary to governmental policies of any country whose residents are eligible to enter the Contest.
  • Entries must not contain any material that would give rise to criminal or civil liability or that encourages conduct that constitutes a criminal offense.

Judging Process. The winner(s) will be determined through two (2) rounds of judging, as described below:

  • Selection of Finalists: In the first round, after the “Voting Period” closes, Judges from the Sponsor’s staff will rank each eligible entry on the basis of a composite score based on the Criteria, assigning equal weight to each of the Criteria based on the Criteria. The entries with the highest scores will qualify as finalists, and the number of finalists selected will be as identified in Section A above.
  • Selection of Winner: In the second round, the Judges will apply the Criteria to evaluate the finalists, using a range voting method, assigning a value between 0-9 to each finalist. The finalist with the highest score will be selected as the winner, and the number and type of winners will be as identified in Section A above. Any ties will be broken using the median ballot rating approach (the entry with the highest median score wins).
  • Disqualification: The Judges have the right to disqualify any entry that is not in compliance with these Rules. In the event that a winning entry is disqualified, the next-highest scoring entry will be selected as the alternate winner. In the event that one or more of the identified Judges is unavailable, Sponsor reserves the right to substitute Judges of comparable qualification, to be determined by Sponsor in its discretion.

The Contest is entirely skill-based and contains no elements based on chance. The standards applied during the judging process focuses on assessing each entry’s properties. By the mere submission of an entry, an entrant acquires no automatic right to be awarded a prize, nor any other right except for the right to have such entry reviewed and evaluated subject to these Rules.

Prize Terms. All values are stated in United States Dollars (USD) as indicated, or as converted [currency converter] to local currency. No prize is, and the winner has no right to claim that any prize is, exchangeable, transferable, or redeemable for cash. The winner will be solely responsible for all expenses related to the receipt and use of prize other than those expenses expressly included in the description of the prize in Section A above. The winner will be solely responsible for complying with any and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations and for bearing any personal income tax, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting any prize.The winner is hereby informed of the liability to pay all taxes on the prize received; such taxes shall be paid by the winner. Each winner shall be responsible for reporting his or her individual income tax generated from the prize to relevant tax authorities on his or her own and, for residents subject to tax obligations on the prize by any country, shall promptly submit to Sponsor a tax payment proof showing that such tax has been fully paid. THE PRIZE WILL BE GIVEN AWAY BY SPONSOR “AS IS.” SPONSOR DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTY, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, REGARDING ANY PRIZE OR PORTION THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, CONSUMER GUARANTEES AND SIMILAR RIGHTS, IN WHICH CASE SUCH EXCLUSION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT JURISDICTION. WITHOUT LIMITATION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES AND REPRESENTATIONS, IN RELATION TO THE PRIZES, WHETHER EXPRESS OR IMPLIED BY STATUTE, LAW (INCLUDING, WITHOUT LIMITATION, COMMON LAW, IF APPLICABLE), RULE, REGULATION, OR OTHERWISE, ARE HEREBY EXCLUDED.

Announcement; Award of Prize. The winner will be notified by e-mail within two (2) days of selection. The winner (and, if a winner is a minor, the Winner’s parent or legal guardian) may be required to sign a Winner’s Declaration and Release which includes a declaration of eligibility, grant of publicity rights and a liability release, to the extent not prohibited by law, prior to receipt of a prize. The prize will be awarded by way of delivery to Winner’s designated valid delivery address set forth on the Winner’s Declaration and Release. Unless otherwise specified in Section A, and provided that direct shipment costs by mail or parcel post (expressly excluding import duties and other duties or taxes, which are the Winner’s sole responsibility) to Winner’s designated valid delivery address shall be borne by Sponsor, provided, however, if delivery is declined or fails by reason of Winner’s failure to timely accept receipt or pay appropriate import duties and other duties or taxes) then the winner will be deemed to have declined acceptance of the prize and Sponsor reserves the right to reclaim the prize whereupon the prize will be returned to Sponsor and winner will no longer be eligible to receive the prize. The winner may be required to provide Sponsor with a social security number, taxpayer identification or identification card number, or other identification or account number (if applicable) (a Permanent Account Number for residents of India) for tax purposes, and will provide Sponsor with all other information as may be required for Sponsor to comply with all applicable laws in connection with the award of any prize to the winner. The winner also may be required to provide Sponsor with proof that he or she is the Authorized Account Holder of the e-mail address associated with the winning entry. An “Authorized Account Holder” is the natural person who is assigned to an e-mail address by an Internet access provider or other organization responsible for assigning e-mail addresses to the domain associated with an e-mail address. In the event of a dispute, an entry will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at the time of entry. Failure to respond to a winner announcement, or return any required declarations or releases within fourteen (14) days (or any longer time specified by Sponsor in the applicable winner announcement) or to comply with any of the foregoing may result in disqualification and the selection of an alternate winner. It is Sponsor’s policy to assist U.S. government employees in meeting their obligations under their standards of ethical conduct; any prize(s) won in violation of those Standards should not be accepted and should be returned at Sponsor’s expense or destroyed. Without limitation, Sponsor shall not be liable for any failure to deliver any prizes due to any Winner’s failure to accept delivery, to meet any of his or her obligations hereunder or due to the submission of any false, inaccurate or misleading information.

Representations. By entering the Contest, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Contest; (b) in entering and participating in the Contest, the entrant has complied and will comply in all respects with these Rules, the Policies, and all applicable statutes, laws (including, without limitation, common law, if applicable), rules and regulations; and (c) the information provided in the entrant’s entry, including without limitation all contact information, is true, accurate, and complete in all respects.

Assumption of Risk. By taking any action to create an entry for the Contest, each entrant, on his or her own behalf and on behalf of his or her personal representatives, heirs, executors, and assigns, acknowledges and agrees that: (a) ENTRANT AND HIS OR HER PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, AND ASSIGNS HAVE THE SOLE RESPONSIBILITY FOR THE CREATION OF THE ENTRY, WHICH IS DESIGNED AND CREATED BY THE ENTRANT FOLLOWING HIS OR HER OWN DECISION AND INITIATIVE DEPENDING ON THE WAY, IN HIS OR HER SOLE DISCRETION ENTRANT DECIDES TO CREATE SUCH ENTRY, AND EVEN THOUGH THE CONTEST DOES NOT REQUIRE OR OTHERWISE ENCOURAGE DANGEROUS BEHAVIOR, THERE MAY BE DANGER AND RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE INVOLVED IN CREATING AN ENTRY; (b) THESE RISKS AND DANGERS MAY ARISE FROM FORESEEABLE OR UNFORESEEABLE CAUSES; (c) SUCH ENTRANT AND HIS OR HER PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, AND ASSIGNS ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS ARISING OUT OF THE CREATION OF ANY ENTRY, WHETHER CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE; and (d) Subject to applicable law, such entrant and his or her personal representatives, heirs, executors, and assigns are relinquishing any and all rights he, she, or they now have or may have in the future to sue or take any other action against Sponsor, any Co-Sponsor, the prize manufacturers, any other entities involved in the administration of the Contest, each of their respective parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and representatives (the “Sponsor Parties“) on the basis of any injury, death, damage, or other loss that may be suffered arising from any action taken in the creation of any entry, including but not limited to claims based on allegations of negligence by any of the Sponsor Parties or use of any machinery or materials. Without limitation, Sponsor Parties shall have no liability to any entrant or any other person in the event the entry or any acts or omissions of the entrant violates any of these Rules.

Release. To the maximum extent permitted by law, by entering the Contest, each entrant releases and holds harmless the Sponsor Parties from any and all responsibility, liability, damages (including, without limitation, direct, indirect, incidental, consequential, punitive, statutory, and other damages), losses, costs, or expenses of any kind arising out of or relating to: (a) entry or participation in the Contest, including but not limited to disputes among individuals claiming to have contributed to any winning entry; (b) any violation by the entrant of these Rules, the Policies, or applicable laws; (c) misappropriation, infringement, or other violation of any copyright, trademark, patent, trade secret, right of publicity, privacy, or other legal or contractual right of any person attributable to entrant or any entry submitted by entrant; (d) the acceptance, possession, receipt, or use of any prize or any item purchased with any prize (e.g., if the prize includes a gift card); (e) any entries or votes that have been tampered with or that are misdirected, incomplete, non-conforming, corrupt, lost, late, or ineligible; (f) any problems or technical malfunctions (including but not limited to errors, omissions, interruptions, deletions, defects, or delays in operation or transmission) of any computer, telephone, modem, cable, satellite, network, hardware, online system, server, software, or other equipment or provider, including any incorrect, incomplete, garbled or jumbled information resulting therefrom; (g) any Internet traffic congestion or website accessibility or delays; (h) printing or typographical errors in any Contest-related materials; or (i) any other technical or human error that may occur in connection with the Contest (the “Causes“). If anyone makes any claim against any of the Sponsor Parties arising out of or relating to any of the Causes attributable to the entrant, the entrant will pay for any damages, losses, liabilities, costs, penalties, and expenses, including without limitation attorneys’ and experts’ fees and costs, incurred in connection with such claim. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPONSOR PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTEST, HOWSOEVER CAUSED, WHETHER ARISING IN STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) CONTRACT, OTHER LEGAL THEORY OR OTHERWISE, AND ALL SUCH DAMAGES ARE HEREBY DISCLAIMED AND EXCLUDED. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES AND OTHER LIABILITY (INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES) IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RULE, STATUTE OR REGULATION IN THE RELEVANT JURISDICTION. NOTHING IN THESE TERMS EXCLUDE LIABILITY FOR FRAUD, OR FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE TO THE EXTENT SUCH EXCLUSION IS PROHIBITED BY APPLICABLE LAW.

Misconduct. Sponsor reserves the right, in its discretion, to disqualify any entrant who: (a) tampers with the entry or voting process, the operation of the Contest, or the Sponsor Site (b) acts in an unsporting or disruptive manner, or with intent to annoy or harass another person; or (c) is otherwise in violation of these Rules, the Policies, or any applicable laws.

Termination. Sponsor reserves the right to suspend, modify, or terminate the Contest at any time for any reason, in its discretion, including without limitation in the event of fraud, abuse, tampering, technical, administrative, financial, or other difficulties. In such cases, Sponsor will post a notice on the Contest page of the Sponsor Site. Should the Contest terminate prior to selection of the winner, Sponsor will announce an alternate means of awarding the prize on the Contest page of the Sponsor Site. Any entrant may withdraw from the Contest at any time by contacting Sponsor by email at [press@livescribe.com] or by mail at the address identified in Section B.18 (“Winner’s List; Mailing List”) specifying the name of this Contest and any other relevant information.

Advertising and Marketing. By entering the Contest, and in consideration of Sponsor’s potential review and evaluation of his or her entry, each entrant grants to Sponsor the non-exclusive right to use his or her entry as provided in the Policies, including without limitation the provisions of the Terms of Use regarding ownership and use of user submissions.WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY ENTERING THE CONTEST, EACH ENTRANT CONSENTS, AND WARRANTS THAT IT HAS OBTAINED THE LEGALLY-BINDING WRITTEN CONSENT OR OTHER LEGALLY BINDING AUTHORIZATION (INCLUDING WITH REGARD TO THE USE AND MANAGEMENT OF COPYRIGHTS IN ALL CREATED CONTENT) OF EVERY CONTRIBUTOR TO THE ENTRY (INDIVIDUALS WHOSE NAME, LIKENESS, PROPERTY, RESULTS AND PROCEEDS APPEAR IN THE ENTRY), TO THE USE BY SPONSOR, OF ANY AND ALL INFORMATION (INCLUDING PERSONAL INFORMATION), DRAWINGS, TEXT, PHOTOS, IMAGES, OR OTHER MATERIAL CONTAINED IN AN ENTRY OR OTHERWISE PROVIDED BY SUCH ENTRANT RELATED TO THE CONTEST FOR ADVERTISING AND MARKETING PURPOSES. Otherwise, each entrant retains whatever rights it may have in each entry to the extent provided in the Policies. The Sponsor, at its discretion, may require entrants to provide evidence of such written consents or other legally binding authorization. To the maximum extent permitted by law, by accepting a prize, a winner consents on his or her own behalf, to the print and online publication of the Winner’s user name, stated country of residence and winning entry as part of the official blog on Livescribe’s site (and to submit this information, along with the Winner’s first and last name, address, phone, email or other contact information to governmental agencies if required by applicable laws) without additional compensation other than the consideration specified in this Section 15 (Advertising and Marketing) for the entire protection term of the rights concerned and for all methods and means of exploitation. Each entrant and any other contributor whose personal information is being so used by Sponsor may request access to his or her personal information held by Sponsor and that Sponsor correct the data if it is inaccurate or delete the data if Sponsor is not required to retain it by law or for legitimate business purposes. Access, correction, deletion requests or withdrawal of consents can be made by contacting Sponsor by email at [press@livescribe.com] or by phone at (510-777-0071) or by mail at the address identified in Section B.18 (“Winner’s List; Mailing List”), however, no consents will apply retroactively to any entrant’s personal information used prior to Sponsor’s receipt of any consent withdrawal. Other than as set forth herein, Sponsor will treat any personal information supplied by entrants in connection with the Contest in accordance with Sponsor’s Privacy Policy, as modified by these Rules.

Governing Law; Dispute Resolution. By entering the Contest, entrants agree that these Rules will be governed by and construed in accordance with the laws of (a) Switzerland if the entrant’s principal place of residence is in a country in Europe, Africa or the Middle East, (b) Singapore if the entrant’s principal place of residence is in a country in Asia, Oceania or the Asia-Pacific region, (c) Brazil if the entrant’s principal place of residence is in Brazil, or (d) the State of California (and, to the extent controlling, the federal laws of the United States) if the entrant’s principal place of residence is in a country in the Americas (including the Caribbean) or any other country not specified in this Section 16 (Governing Law; Dispute Resolution); provided, however, that in respect of all claims, actions and disputes brought by any of the Sponsor Parties, these Rules and shall be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States). The laws of such jurisdictions shall govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to (and are excluded from the laws governing) these Rules. In addition, by entering the Contest, entrants agree that any claim, action or dispute arising under or relating to this Agreement will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of the State of California, County of Marin, or the United States District Court for the Northern District of California in San Francisco, except that (other than with respect to claims, actions or disputes brought by any of the Sponsor Parties) if the entrant’s principal place of residence is in (a) a country in Europe, Africa or the Middle East, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Switzerland, or (b) a country in Asia, Oceania or the Asia-Pacific region, any such claim or dispute will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the courts of Singapore. By entering the Contest, each entrant submits to the jurisdiction of those courts and waives any objection to those courts, whether on the basis of jurisdiction, venue, inconvenience of the forum, or otherwise. Notwithstanding anything to the contrary, nothing will prevent any of the Sponsor Parties from bringing an action for infringement of intellectual property rights in any country where such infringement is alleged to occur.

Miscellaneous. If any part of these Rules is held by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such part will be modified by such court to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of and the remaining parts of these Rules will remain in full force and effect. Nothing contained herein or in any of the Contest related materials should be construed as an endorsement by Sponsor of any Co-Sponsor, or of Sponsor or any Co-Sponsor of any third party, product, or service. Notwithstanding anything to the contrary, Sponsor may decline to process requests that are unreasonable or unreasonably repetitive.

Winner’s List; Mailing List. The user name(s) and entries of the Contest winner(s) will be posted on the blog of the Sponsor Site, within two (2) days of the Deadline. In addition, the names of the winner(s) may be obtained by sending a written request and a self-addressed, stamped envelope to the below address (mailed requests must include the words “Winner’s List” and the full name of the Contest prominently in the first line of the address):

Livescribe, Inc.
7677 Oakport St. 12th Floor
Oakland, CA 94621

or by contacting Sponsor by email at [press@livescribe.com] or by mail at the address identified in above. All requests must include the words “Winner’s LIST” and the full name of the Contest prominently in the subject line or in the voicemail, as the case may be.

All such requests must be received within six (6) months of the Deadline. Sponsor must be contacted by email at [press@livescribe.com] or by mail at the address identified in Section B.18 (“Winner’s List; Mailing List”). Entrants who opt to join Sponsor’s electronic mailing list agree to be contacted by email by Sponsor. Requests for removal from Sponsor’s mailing list may be made as instructed in any such email, or by sending a written request and a self-addressed, stamped envelope to “Livescribe Mailing List” at the above address, or as otherwise indicated on the Sponsor Site. Residents of Vermont may omit return postage on Winner’s list and mailing list requests.

Livescribe Appreciate Your Mother Sweepstakes Rules Terms & Conditions

 SWEEPSTAKES RULES

THE GIST:

Enter once via Facebook for your chance to win your choice of one Livescribe smartpen. We’ll be picking a winner on Friday, May 9, 2014. Only entries from Wednesday, May 7th through the 9th will qualify for the prize. Also, you must be 13 years old or older to play – sorry kids!

LIVESCRIBE “Appreciate Your Mother” SWEEPSTAKES**

OFFICIAL RULES

Sponsored by Livescribe, Inc (“Sponsor”).

**See Prize Description for details.

NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN.

1. Sweepstakes Period: The Sweepstakes begins on May 7, 2014 at 10:00:01 AM Pacific Time (“PT”) and ends on May 9, 2014 at 12:00:00 PM Pacific Time (“PT”) (the “Sweepstakes Period”).

2. Eligibility: The Livescribe “Appreciate Your Mother” Sweepstakes (the “Sweepstakes”) is open in the United States only to individuals age thirteen (13) or older as of the date of entry, who have an active e-mail account and Internet access during the Sweepstakes Period. Entrants under the legal age of majority in the jurisdiction in which they reside (and at least 18) must have permission from their parents or legal guardians to participate. Employees of Sponsor and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Sweepstakes Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules (“Official Rules”). VOID WHERE PROHIBITED.Subject to all applicable federal, state and local laws.

3. To Enter: You may enter the Sweepstakes in one of two (2) ways:
(a) Online Entry. Visit Facebook (http://facebook.com) and including the hashtag #smartpen, tell Livescribe why your mom is the best in order to qualify to win a Livescribe smartpen. A winner following these guidelines will be selected at random.

(b) Alternative Entry. No purchase necessary. To enter by mail without obligation, hand write your name, mailing address, phone number, and e-mail address on a 3″x5″ card and mail to: Livescribe Appreciate Your Mother Sweepstakes, Livescribe, 7677 Oakport St, Oakland, CA 94621.

All mail-in entries received by Livescribe will be entered into the Sweepstakes Period held on the next normal business day (Monday – Friday) following receipt of entry. Mail-in entries are not received on Saturday or Sunday.

Only one entry per person, per e-mail address is permitted, regardless of method of entry. Entrants submitting multiple entries or violating any of these Official Rules may be disqualified.

No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.

4. Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held the day following the Sweepstakes Period at the Livescribe offices located at 7677 Oakport St, Oakland, CA 94621. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. The winner will be selected at random from among all eligible entries received.

5. Prizes and Odds: The prize to be awarded from the Sweepstakes is as follows:

ONE (1) FIRST PRIZE: One (1) Livescribe smartpen of the winner’s choice.

The total Approximate Retail Value of the prize to be awarded in this Sweepstakes: a maximum value of $199.95 (USD).
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prize is permitted, except at the sole option of Sponsor for a prize, of equal or greater value. Sponsor reserves the right to substitute an item in its sole discretion for another item part of the Livescribe smartpen line should such item no longer be available at the time of the drawing but in any event the substitution will be of equal or greater value. Sponsor will not replace any lost, damaged or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.

6. Notification of Winners: Winners will be notified by e-mail within five (5) business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. Prizes won by minors will be awarded to the parents or legal guardians, who must sign all required affidavits and releases. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

7. General Rules: By entering the Sweepstakes, you agree to be bound by these Official Rules. The Sweepstakes is offered by Sponsor, Livescribe, Inc, 7677 Oakport St, Oakland, CA 94621, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.

By entering the Sweepstakes, you further agree to release, indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. Winners agree to be bound by these Official Rules, and Sponsor’s decisions in all respects relative to the Sweepstakes are final.

IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR’S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THESE OFFICIAL RULES WILL NOT EXCEED $5. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Additional Conditions: Except where prohibited, by participating in the Sweepstakes and winning any prize, winner consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to winner (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters, and on the Sponsor’s website located at www.Livescribe.com, without additional compensation. All entries become property of Sponsor and none will be acknowledged or returned. Allow up to six (6) to eight (8) weeks for delivery of prize.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. The Sweepstakes are subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in these Sweepstakes, you acknowledge that you have read these Official Rules and agree to abide by them and by the decisions of Sponsor, which are final and binding on all matters pertaining to the Sweepstakes. These Official Rules are governed by the law of the State of California, excluding rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal courts located in the Northern District of California or the state courts located in Alameda County, California.

9. Privacy: Except as otherwise stated herein or as otherwise agreed by entrant and Sponsor, the information submitted by you in connection with an entry will be used for administering your participation in the Sweepstakes and in accordance with the terms and conditions of the Livescribe Privacy Policy located at http://www.Livescribe.com/privacy.

10. Winner’s List, Official Rules: For a list of the prize winners available at least seven (7) days after the end of the Sweepstakes Period send your request and a stamped, self-addressed envelope to: Livescribe Appreciate Your Mother Sweepstakes Winners, Livescribe, 7677 Oakport St, Oakland, CA 94621.

11. Sponsor Address: Livescribe, Inc, 7677 Oakport St, Oakland, CA 94621.