Livescribe ‘Tis the Season Sweepstakes Rules

THE LIVESCRIBE ‘TIS THE SEASON SWEEPSTAKES

OFFICIAL RULES

1. NO PURCHASE NECESSARY TO ENTER OR WIN. NON-PURCHASE ENTRIES AND PURCHASE ENTRIES HAVE AN EQUAL CHANCE OF WINNING.

2. 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. 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. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. By entering, you understand that you are providing your information to the Sponsor and not to Facebook. The information you provide will only be used for the purpose of the drawings and to notify potential winners.

3. SWEEPSTAKES TIMING/DESCRIPTION: The first phase of the Sweepstakes begins at 10:00:00 AM Pacific Time (“PT”) on Tuesday, December 23, 2014 and ends 11:59:59 PM PT on Thursday, December 26, 2014 (the “Promotional Period”). There will be three prizes awarded after the first week of the Promotional Period in a random drawing from among all eligible entries received.

4. HOW TO ENTER: You may enter the Sweepstakes through the posts that appear on the Livescribe Facebook page. To access the Sweepstakes, you must go to www.facebook.com/livescribe, click on the “like” button and then comment on a one of the contest’s posts. Participation needs to be legitimate and relevant in order to be eligible. Entries must be received by Friday, December 26, 2014. Entries that are generated by script, macro or other automated means and entries by any means which subvert the entry process will be void. Entries become the property of the Sponsor and will not be returned. Incomplete entries or entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion. If a dispute results as to the identity of an entrant, it will be determined that the entry was submitted by the authorized account holder of the Facebook ID from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to a Facebook ID from which the entry is made. The promotional website’s database clock will be the official timekeeping device for the Sweepstakes.

Entry must be in keeping with the Sponsor’s image, and may not be offensive as determined by Sponsor in its sole discretion. Releasees are not responsible for late, lost, delayed, stolen, undelivered, incomplete, garbled, damaged, or misdirected entries. Sponsor’s decisions are final on all matters relating to this Sweepstakes. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any entry, proper names, likenesses, and photographs for advertising and promotional purposes in all media (including, but not limited to, the internet) without additional compensation, except where prohibited by law. If an entrant changes his/her email address after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Sponsor by postal mailing notice to Sponsor’s address (listed in section 13 below) to be received by the end of the Promotional Period.

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY ENTRY POSTED TO THE WEBSITE THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES.

ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL ENTRIES SUBMITTED IN CONNECTION WITH THIS SWEEPSTAKES ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ANY AND ALL ADVERTISING AND PROMOTIONAL PURPOSES INCLUDING (BUT NOT LIMITED TO) IN CONNECTION WITH THE SWEEPSTAKES, IN PERPETUITY, WORLDWIDE, IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED.

5. DETERMINATION OF WINNERS: Twelve (12) potential winners will be selected in a random drawing during the Promotion Period from among all eligible entries received. Winners will be selected at random.

6. ODDS: Odds of winning a weekly prize depend upon the total number of eligible entries received.

Winners will be notified by email or Facebook Messenger on or about January 3, 2014. Potential winners may be required to verify their mailing or email address or to sign an affidavit of eligibility/liability release, a publicity release where legal, and Federal and State tax release, and return these documents, properly executed, via fax, within forty-eight (48) hours of date and time of notification and the original documents within seven (7) days of date of notification via regular U.S. Mail. Non-compliance with this time frame and/or with these Official Rules; Sponsor’s inability to contact a potential winner within a reasonable time period; or prize’s or prize notification’s return as undeliverable will result in such potential winner disqualification and, at Sponsor’s discretion, the prize may be awarded to a potential alternate winner. Allow 4-6 weeks for delivery of prize.

7. PRIZES (12) (2 smartpens, 2 moleskines, 10 Noteshelf codes): Each winner will receive one of these prizes, maximum value for Smartpen ($199.95), Moleskine ($29.95), Noteshelf ($5.99).

No substitutions, cash equivalents, or transfer of prizes are permitted, except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value. All taxes, and any other costs and expenses associated with prize acceptance and use not specifically stated within these Official Rules as being provided, are the sole responsibility of the winners, including, without limitation, all federal, state, and local taxes. Prize may not be transferred or substituted except at the Sponsor’s sole discretion. If prize winner is at least 18 years of age but still considered a minor in his/her state or place of residence, prize may be awarded in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winners set forth herein. Limit one (1) prize per person and per Facebook entry during the Promotion Period.

8. CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules including all eligibility requirements and the decisions of the Sponsor and judges, which are final and binding. By accepting a prize, each winner consents to the use of his/her name, image, likeness, photograph, voice, and biographical material for advertising, publicity, and promotional purposes by Sponsor, or party designated by the Sponsor, in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law. Entrants release and hold harmless Releasees from any claims, actions, injury, loss, or damage of any kind, including but not limited to, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in this Sweepstakes or from the acceptance, possession, or use or misuse of the prize. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Entrants agree that Releases have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Sweepstakes or any prize awarded.

9. REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants the following: 1) that he/she is the original author and owner (or represents and warrants that the owner of such rights has expressly granted any and all rights to the entrant for use by the Sponsor as set forth herein, and has written documentation to provide to Sponsor evidencing such rights) of any and all Entry materials posted, uploaded, or otherwise submitted (modifying, enhancing or altering a third party’s pre-existing work does not qualify as entrant’s original creation); 2) the Entry will not, in Sponsor’s sole discretion, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Entrants are prohibited from posting, uploading, or otherwise submitting any entry material that infringes on any copyright, trademark or proprietary rights of another (including publicity and privacy rights); 3) that the Entry is not the subject of any actual or threatened litigation or claim; 4) that the Entry material is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, as determined by the Sponsor, that would constitute or encourage a criminal offense, or that would otherwise give rise to liability or violate any law. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.

10. GENERAL: Sponsor will collect information from the entrants solely for the purpose of the drawings and to notify potential winners. Sponsor will not share this information with any third party, except as necessary for the administration of the Sweepstakes or potential winner notification as applicable, nor attempt to contact entrant, unless entrant has agreed to receive further information on Sponsor’s products and promotions or for potential winner notification (if applicable). Releasees are not responsible for entries that are lost, misdirected, or fail to enter into the system, or are processed, reported, or transmitted late or incorrectly; or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic, or otherwise, relating to or in connection with the Sweepstakes, including, without limitation, any error or problem that may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or in any Sweepstakes-related materials. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes at any time without notice and for any reason, including if in the judges’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Sweepstakes. In the event of cancellation, Sponsor may void any entries it suspects are at issue and, at its discretion, award the prizes at issue in a random drawing from among all non-suspect, eligible entries received for the applicable Drawing(s). Caution: Any attempt by an entrant or any other individual to damage the website or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate these Official Rules or interfere with this Sweepstakes in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Sweepstakes.

11. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

12WINNERS’ LIST: For the names of the winners, available after January 8, 2014, mail a self-addressed, stamped envelope by January 2, 2014 to: Livescribe, 7677 Oakport St. 12th Floor; Oakland, CA 94621, USA .

13. SPONSOR & ADMINISTRATOR: The Sponsor of this Sweepstakes is Livescribe, 7677 Oakport St. 12th Floor; Oakland, CA 94621, USA.