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OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING WILL NOT INCREASE YOUR ODDS OF WINNING. YOU DO NOT HAVE TO BE PRESENT TO WIN. VOID WHERE PROHIBITED.
REFILL AMERICA, Five Thousand Dollar Travel Voucher Contest ("Contest")
is sponsored by
Nalge Nunc International Corporation, a part of Thermo Fisher Scientific Inc. ("Sponsor").
1. ELIGIBILITY: Participation constitutes full and unconditional agreement to, and acceptance of, these Official Rules, including Sponsor's Privacy Policy (available at http://www.nalgene-outdoor.com/privacy-policy), which are final and binding in all respects. Contest is only open to individual legal residents of the 50 contiguous United States ("U.S.") (including the District of Columbia) and Puerto Rico who are physically located and residing therein and who are at least eighteen (18) years of age as of July 4, 2009, and who are, or have been, in possession of one of seven (7) unique NALGENE® water bottles designed specifically for this Contest ("Contest Bottle"). Contest Bottles are recognizable by having the entry information for this Contest printed on them and are intended to be passed on from person to person. Sponsor reserves the right to place additional Contest Bottles beyond the original seven Contest Bottles into circulation if the number of entries is, in Sponsor's sole discretion, lower than expected. Groups or organizations are ineligible to enter. Sponsor, its employees, its advertising or promotion agencies, those involved in the production, development, implementation or handling of Contest, any agents, acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, any other person or entity associated with Contest (collectively "Released Entities") and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the contest.
2. HOW TO ENTER: Contest begins on August 17th, 2009 at 12:00:01 a.m. Eastern Standard Time ("EST") and ends on December 31st, 2009 at 11:59:59 p.m. EST ("Contest Period"). Entries received after December 31st, 2009 at 11:59:59 p.m. EST will not be eligible for the Contest. Entries are limited to one entry per person.
(1) By Email: Enter electronically by submitting a story, as further explained in #4 below, and photo showing the Contest Bottle via the email address nalgene@cerconebrown.com. Normal connection and usage fees, if any, charged by Entrant's internet service provider will apply. In case of a dispute over the identity of an Entrant who sent his/her Submission by email, the authorized account owner of the email account associated with that Submission will be deemed the Entrant, at Sponsor's sole discretion. "Authorized account holder" of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
(2) By Text Message: Enter by submitting a story, as further explained in #4 below, and photo showing the Contest Bottle via text message to the following number 339-221-3776. Normal time, toll, connection and usage rates, if any, charged by Entrant's cell phone carrier will apply.
(3) By United States mail: Enter by mailing, via regular postage paid United States 1st-class mail, a typed or legible hand-written story, as further explained in # 4 below, and a photo showing the Contest Bottle to: "Refill America Contest", c/o Cercone Brown & Co., 98 North Washington Street, Suite 304, Boston, MA 02114. Entries must be postmarked no later than 11:59:59 p.m. (EST), December 31st, 2009. Photos and stories will not be returned.
(4) Each Entrant must submit a written story written by the Entrant of 50 words or less, in English, along with a photo taken by Entrant showing the Contest Bottle ("Submission"). The objective/topic of Entrant's story and photo should tell us about the Entrant's "American Experience." Along with the Submission, each Entrant must include his or her first and last name ("Entrant"), email address, mailing address, and telephone number. Any attempted form of submission/entry other than as described herein is void. Then pass the Contest Bottle on to another resident of the United States and ask that person to enter the contest and pass the Contest Bottle on to yet another U.S. resident, and so forth. Sponsor reserves the right to place additional Contest Bottles beyond the original seven Contest Bottles into circulation if the number of entries is, in Sponsor's sole discretion, lower than expected.
(5) By entering Contest, ENTRANT assures Sponsor that ENTRANT'S Submission is wholly original, factually accurate TO THE BEST OF ENTRANT'S KNOWLEDGE, and is THE ENTRANT'S own creation, and that ENTRANT is the sole owner of all rights (other than Sponsor's) relating to all applicable Submissions; and therefore, Each Entrant agrees to indemnify and hold harmless Sponsor and the Released Entities from any and all liability resulting or arising from their use of any of ENTRANT'S Submissions.
(6) NOTE: IN ADDITION TO COMPLIANCE WITH THESE OFFICIAL RULES, ALL PHOTO/STORY SUBMISSIONS ARE SUBJECT TO THE RESTRICTIONS CONTAINED IN OUR "TERMS OF USE" LOCATED AT www.refillamerica.com. Sponsor will review each Submission for compliance with these Official Rules and the "Terms of Use" posted on the Contest website; and only if Sponsor, in its sole discretion, determines the Submission complies with the Official Rules and Terms of Use, Sponsor will upload the eligible submission to the Contest website at www.refillamerica.com. Any submission that is incomplete, illegible, corrupted and/or that fails to comply with the Official Rules or the Terms of Use are void and will not be uploaded or constitute a valid entry. Sponsor will not acknowledge or verify receipt of any entry and will not accept any proof of delivery as proof of valid entry. No entry will be returned.
(7) ENTRY DISCLAIMERS: Sponsor and/or the Released Entities shall not be responsible or liable for illegible, incorrect or inaccurate transcription of entry information on any Contest Bottles, and/or incomplete upload of any Submission, and/or for any misdirected or invalid Submissions due to transmission errors or corrupted data files or e-mails, including without implied limitation, interruption or inability to access the Site, multiple Submissions that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device); problems with local or remote hardware, local area, internet or cell phone connectivity, e-mail servers, firewalls, virus protection software or hardware devices, software monitoring or prevention tools or any other method used by any party directly or indirectly involved in transmission or transference of e-mails or monitoring, protecting and otherwise preventing the improper use of computers, networking devices and/or any electronic communication devices; and/or for Submissions that are late, destroyed, mutilated, forged, lost, stolen, misdirected, tampered with, incomplete, deleted, damaged, otherwise not in compliance with these Official Rules and all such Submissions will be disqualified. Moreover, as determined by Sponsor, in its sole discretion, any Submission that contains inappropriate obscenities, objectionable or other offensive material; or libelous, tortuous, or otherwise unlawful information; or violates any federal or state statute or regulation, defames or invades the publicity or privacy rights of any person, living or deceased, or otherwise infringes upon any third party's personal or proprietary rights, including but not limited to copyright, trademark, privacy and publicity rights, will be disqualified at any time. Any Submission previously published or entered in any competition or contest may be disqualified by Sponsor at any time.
(8) RELEASE OF YOUR INFORMATION. Notwithstanding anything to the contrary in Sponsor's Privacy Policy located at http://www.nalgene-outdoor.com/privacypolicy.htm, except where prohibited by law, participation in Contest and/or acceptance of a Prize constitutes permission for Sponsor to use, without notice or further compensation, worldwide and in perpetuity, any information the Entrant provides upon entering, including without implied limitation, his or her first and last name, address (city and state), likeness, biographical information, statement, voice, story, photos and other information, is the exclusive and sole property of and is owned and may be used by Sponsor and/or the Released Entities for any purpose, including without limitation, for advertising and promotional purposes, internal market research, other promotions, product development, for publication in any and all media, or not at all, at Sponsor's sole discretion, the Site and/or for administration of the Contest. If you do not want your information used in this manner, please do not enter this Contest.
3. SELECTING A WINNER. On or around January 10th, 2010, Sponsor will choose, in its sole discretion, a panel of its employees (the "Panel") to serve as judges. The Panel will limit its review to those Submissions relating to the Contest Bottle with the highest number of Submissions. In the event more than one of the Contest Bottles receives the highest number of Submissions ("Tied Contest Bottles"), the Panel shall review all of the Submissions for each of the Tied Contest Bottles. The Panel will select the Winner by awarding up to seventy-five (75) points per Submission ("Points") based upon the following criteria: (1) up to 25 points for writing formalities including spelling, clarity, continuity of theme and relevance to the subject matter, "American Experience"; (2) up to 25 points for inspirational value; (3) up to 25 points for the most interesting photo (together, the "Criteria"). The total amount of Points awarded per Submission will create a total score ("Total Score"). The Submission(s) that receives the highest Total Score will be declared the Winner. In the event of another tie based on the Total Scores, the tied Submission that scored the most Points to Criterion # 2 will be declared the Winner. In the event of a further tie based on Points to Criterion #2, the tied Submission that scored the most Points to Criterion # 3 will be declared the Winner. In the event of any remaining tie, the tied Submissions will be re-scored as described above by the Panel until the tie is broken. The Panel's decisions are final on all matters relating to selection of the Winner for this Contest. Odds of winning depend on number of valid Submissions received.
4. NOTIFYING THE WINNER: Sponsor will notify the Winner by email, telephone and/or mail (at the number and/or email address and/or home address provided on that Entrant's Submission) on or around January 11, 2010. If the selected Winner cannot be reached within three (3) business days of notification of winning, is found to be ineligible, or does not comply with these Official Rules, such potential Winner may be disqualified by Sponsor, in its sole discretion, and the Submission with the next highest Total Score may be declared the Winner. Winner may not substitute, barter, transfer, or assign any Prize.
5. THE PRIZE. Sponsor will award to one (1) individual one (1) travel voucher from a travel company chosen by Sponsor, in its sole discretion, in the amount of five-thousand United States dollars ($5,000) (the "Prize") that can be redeemed by the Winner for travel-related purposes from such travel company only. Prize has no cash value. The Prize is valid for two (2) years from the date printed on the travel voucher. In the event Winner fails to redeems the Prize for the full voucher amount within the two year period, any remaining unused funds will be forfeited and cannot be redeemed for cash. Winner shall be solely responsible for any and all travel and other fees, costs or expenses that are not covered by and/or exceed the Prize value, including without implied limitation, all taxes and other charges of any kind. Moreover, the Prize Winner may be issued an IRS 1099 tax form or similar tax form for the full value of the Prize. All Entrants should seek independent advice regarding tax and other liabilities associated with winning a prize.
6. PRIZE DISCLAIMERS. The Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, expressed or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Sponsor may substitute a prize of equal or greater value if an advertised Prize becomes unavailable. Winner may not substitute, barter, transfer, or assign, or redeem the Prize for cash.
7. TO CLAIM THE PRIZE. To claim the Prize described above, the Winner must sign and return an Affidavit of Eligibility/Liability and a Publicity Release (collectively, "Winner Release") within three (3) days of electronic or other notification to the Winner. By returning a completed Winner Release, Winner attests to the authenticity of his/her Submission and to full compliance with these Official Rules. Failure to return the Winner Release documents in the time permitted or if the document package is returned to Sponsor as undeliverable will result in disqualification of the Submission and, in Sponsor's sole discretion, the Submission with the next highest Total Score may be declared the Winner or the Prize may be deemed forfeited.
8. GENERAL CONDITIONS AND DISCLAIMERS:
(1) Rules: Sponsor reserves the right, in its sole discretion, to change these Official Rules without notice. This Contest is subject to these Official Rules and all applicable federal, state, and local laws and shall be void where restricted or prohibited. By entering the Contest or by any Entrant accepting any Prize, Entrants, as applicable, agree to waive any right to claim any ambiguity or error in the Official Rules of the Contest, or the Contest itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor and the Panel, whose decisions are binding and final in all respects.
(2) Changes: If, for any reason, the Contest is not capable of running as originally planned, Sponsor in its sole discretion, reserves the right to cancel, suspend or modify Contest or any portion(s) thereof and conduct the judging from among all salvageable eligible Submissions received, if any.
(3) Disputes and Applicable Laws: Any attempt to deliberately damage any website or to defraud Sponsor or tamper with or undermine the legitimate operations of the Contest in any way is a violation of criminal and civil laws and responsible persons will be prosecuted to the full extent permitted by law and will not be eligible for a Prize. Sponsor reserves the right to seek damages from any Entrants involved in such activities to the fullest extent permitted by law and to disqualify the Entrant from the Contest. Contest is subject to U.S. federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these OFFICIAL RULES or the rights and obligations of Entrants in connection with the Contest shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, USA, without regard for conflicts of law doctrine. All proceedings shall take place in the federal, state or local courts in Suffolk County, Massachusetts.
(4) Liability Waiver and Release: By participating, Entrants agree that Released Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death, as well as claims based on publicity rights, defamation, and/or invasion of privacy) in connection with this Contest, including participation or the acceptance, receipt, possession, misuse, nonuse or use of any Prize (or portion thereof); or any damage to Entrant's (or any third person's) computer and/or its contents related to or resulting from any part of Contest; even if caused by the negligence of one of the Released Entities; and Entrant hereby waives all rights to claim direct, indirect, punitive, incidental and/or consequential damages, attorney fees or any damages other than actual out-of-pocket costs incurred to enter. Released Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of any of the Prize suppliers or any of their agents, servants, employees or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) any other cause, condition or event whatsoever beyond the control of Sponsors and other Released Entities. Entrants agree to release all rights to bring any claim, action, or proceeding against the Released Entities.
(5) Grant of Rights: Each Entrant unconditionally assigns and transfers all rights, title, interest, claim, ideas, concepts, copyrighted materials and trademarks contained in any Submission submitted in the Contest and any and all rights including "moral rights" in any Submission submitted in the Contest to the Sponsor. Sponsor has the right to use, assign, modify, edit, adapt, dispose of, and electronically alter Entrant's Submission, including but not limited to, for moral rights, to appear in promotional and/or commercial materials, as well as to reproduce it, in whole or in part, without compensation or additional consent from Entrant, or any third party.
(6) Nature of Relationship/Waiver of Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Released Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant's decision to provide any Submission for purposes of the Contest does not place the Released Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant's Submission. Each Entrant understands and acknowledges that the Released Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to a topic in a Submission and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Released Entity's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Released Entities do not now and shall not in the future have any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to any Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Released Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Submission or any other production based on or allegedly based on any Submission and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
(7) Dates & Deadlines: Because of the unique nature and scope of the Contest, Sponsor reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
(8) Rules/Winner Information: To receive the Winner's name and winning Submission title, or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: Nalgene-Outdoor America 2.0 Contest Rules, Nalge Nunc International Corporation, Outdoor Products Division 75 Panorama Creek Drive, Rochester, NY 14625. Vermont residents may omit return postage. All requests must be received by May 31, 2010. Official Rules will also be accessible on the Site. Winner's name may also be posted on the Site.
(9) Removal from Mailing List. Entrant may notify Sponsor of his or her desire not to receive or participate in future contest or sweepstakes offers from Sponsor by deactivating the Entrant's Membership on the Site or by mailing a written request with the Entrant's first and last name, email address, mailing address and phone number to be excluded from Sponsor's mailing list to: Nalge Nunc International Corporation at the address below.
(10) Sponsor: Nalge Nunc International Corporation, Outdoor Products Division, 75 Panorama Creek Drive, Rochester, NY 14625 U.S.A.
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