Marcal® Small Steps® FOR BIG CHANGE
ENVIRONMENTAL AWARDS contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF, AND THOSE RESIDING WITHIN, THE 50 UNITED STATES & D.C., WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE AT THE TIME OF ENTRY.
BE SURE TO CAREFULLY READ THESE OFFICIAL RULES AS BY ENTERING YOU WILL BE BOUND BY THEM.
1. ELIGIBILITY: Entry into the “Marcal® Small Steps® For Big Change Environmental Awards Contest” (“Contest”) is offered and open only to legal residents of, and those residing within, the 50 United States and District of Columbia who are at least thirteen (13) years of age at the time of entry. Employees, officers and directors of Marcal Manufacturing, LLC (the “Sponsor”), 360 Public Relations, LLC (“360”), eCity Interactive, Center City Film & Video, Robert Bratskeir, Topspin Group, their respective parents, subsidiaries, affiliates, advertising/promotion agencies, promotional suppliers, (all of the former collectively referred to as, “Sponsor and Others”), their immediate family members (e.g., spouse, siblings, parents, children, and the “steps” of each, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors are not eligible to enter or win. Residents of Puerto Rico are not eligible to enter or win.
2. BRIEF OVERVIEW OF THE CONTEST: The Contest starts on 12/30/10 at 4:00 P.M., Eastern Time (“ET”) and ends on 3/18/11 at 11:59:59 P.M., ET (“Contest Period”). More specifically, between 12/30/10 at 4:00 P.M., ET and 2/25/11 at 11:59:59 P.M., ET (the “Nomination Period”), participants may nominate individuals, including themselves, who have taken small but important steps to create environmental change in their local communities. Between 3/1/11 and 3/18/11 (the “Judging Period”), a panel of judges as further described in Rule 4 below will evaluate and score the submitted nominations (“Nominations”) to select the potential Grand, First, Second, Third and Fourth Prize Winners in accordance with the criteria stated in Rule 4 below. Prizes will be awarded to both the Nominators of the winning Nominations and the Nominees named therein. Nominators may submit up to five (5) Nominations of different individuals. All prizes will be awarded provided there are a sufficient number of eligible, qualified Nominations.
3. HOW TO ENTER:
(A) SUBMITTING A NOMINATION: Go to www.marcalsmallsteps.com/heroes (the “Website”) and provide the required Nominator and “environmental hero” (“Nominee”) registration information. A Nominator may nominate him/herself as his/her Nominee. After a Nominator has provided all of the required Nominator and Nominee information, the Nominator must follow the on-line instructions to write an essay (the “Essay”), entirely in English, describing the steps the Nominee has taken to help the environment, and a title (the ”Essay Title”), both of which combined shall not exceed 250 words in length. The Nominator may also upload one (1) photograph (the “Photograph”) to accompany the Essay. The exact requirements of the Essay, Essay Title and the Photograph are described in more detail in Rule 3(B) below. After the Nominator has provided the above information and content (also referred to as “Nomination Content”), s/he should follow the on-line instructions to submit his/her Nomination. All Nominations must be accepted by the Nominee prior to their being deemed an entry into the Contest. Nominations that are not accepted by a Nominee will be disqualified. If the Nominee is under the age of majority in his/her state of residence, the Nominee’s parent or legal guardian must accept the Nomination on behalf of the minor Nominee.
NOTE: All Nominators and Nominees must be over the age of thirteen years old at time of nomination or they will be disqualified from entry into the Contest. In order for your Nomination to be eligible to compete in this Contest, your Nomination, including its Nomination Content, must comply with all of the requirements stated in these Official Rules, including the requirements stated in this Rule 3 and Rule 5 below, and it must be received prior to the end of the Nomination Period. Remember: By submitting your Nomination, you acknowledge that you have read, understand and agree to be bound by these Official Rules and that your Nomination and Nomination Content (as described in Rule 3(B)) is and will be at all times in compliance with these Official Rules. All Nominations become the property of Sponsor and will not be returned. NOTE: Although a submitted Nomination, or portion thereof, may be posted on the Website, its posting does not constitute the Sponsor’s decision or agreement that the Nomination is in compliance with these Official Rules, and Sponsor reserves the right to remove the posting and disqualify the Nomination at any such time that Sponsor determines the Nomination does not comply with these Official Rules.
(B) NOMINATION CONTENT REQUIREMENTS: Nomination Content shall consist of the Essay, the Essay Title, and any Photograph. As the Nominator, you must have complete and unencumbered intellectual property rights in the Nomination Content.
Essay and Essay Title: As stated above, your Essay and Essay Title must be written entirely in English, the combined word count of both may not exceed 250 words in length, and your Essay must state why you believe your Nominee’s steps to improve the environment qualify him/her to be recognized as a Marcal® Small Steps® for Big Change Environmental Hero. Your Essay Title must be relevant to your Essay.
(Optional) Photograph: If you so elect, you may submit one (1) Photograph of either a picture of your Nominee or a picture showing your Nominee’s steps to improve the environment. Your Photograph may not contain the likeness of any third persons, recognizable buildings, symbols, or trademarks. Your Photograph may be in either color or black and white and must be submitted in .jpg, .gif, bmp or .png file format and may not exceed 2MB. The Photograph may not have been re-purposed, nor may it have been submitted into any other contest, promotion or used for any other commercial purpose. Entrant should save the Photograph in its original format. Once Nomination Content has been submitted, you may not change or edit it.
Limit: As stated above, only five (5) Nominations may be submitted during the Contest Period by each Nominator regardless of the email address used. Submitting or attempting to submit more than five (5) Nominations is not allowed and will result in the disqualification of all additional Nominations.
(C) PROPRIETY OF NOMINATION ENTRY CONTENT: A Nomination, including any Photograph, must not (i) show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, store, place of business, manufacturer, brand, product, person, company or character regardless of whether such is a competitor of Sponsor or competes with any of Sponsor’s products; (ii) show any person or the likeness of any person, or mention, refer or otherwise allude to any person; (iii) contain, mention, refer or otherwise allude to any obscene, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, products, symbols, political, personal and/or religious references or statements, (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); (iv) promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous; (v) defame, misrepresent, contain disparaging remarks about Sponsor or other people, products or companies or their products, or in any way reflect negatively upon such parties or communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by the Sponsor in its sole discretion; (vi) contain any personal identification, such as license plate numbers, personal names, email addresses or street addresses; (vii) cannot contain copyrighted materials owned by others (including other photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media); (viii) cannot depict, and cannot itself, be in violation of any law; and (ix) must otherwise be in compliance with all of the provisions of these Official Rules as stated herein.
NOTE: As stated above, although a submitted Nomination, or portion thereof, may be posted on a website associated with this Contest after being received, its posting does not constitute the Sponsor’s decision or agreement that the Nomination is in compliance with these Official Rules, and Sponsor reserves the right to remove the posting and disqualify the Nomination at any such time that Sponsor determines, in its sole discretion, that the Nomination does not comply with either these Official Rules, or that it otherwise contains prohibited or inappropriate content. In the event of such removal, the Nomination will be disqualified and will not be eligible to compete for or to receive a Prize.
4. JUDGING: Between 3/1/11 and 3/18/11, the Judging Period, a panel of Contest Judges consisting of Sponsor’s and 360’s employees and Sponsor appointed individuals who are recognized for their activities in furtherance of improving the environment will evaluate and rate the Nominations in order to select the potential Grand, First, Second, Third and Fourth Prize Winners according to the following criteria: (i) Creativity of the Nominee’s steps for improving the environment – 30%;
(ii) Demonstrated impact of the Nominee’s steps on improving the environment – 40%; (iii) Impact of the Nominee’s steps to inspire other individuals to improve the environment – 30%.
The Nominee whose Nomination receives the highest score will be deemed the potential Grand Prize Nominee Winner, and the Nominator who submitted that Nomination will be deemed the potential Grand Prize Nominator Winner. In the case of a tie, the Nomination that receives the highest score for Criterion (ii) will be deemed the potential Grand Prize Nominee Winner, and the individual who submitted that Nomination will be deemed the potential Grand Prize Nominator Winner. Should a tie still result, a Judge not previously involved in the judging will evaluate and score the Nominations in order to break the tie. The four (4) Nominations receiving the next highest scores will be deemed the respective potential First, Second, Third and Fourth Prize Nominee Winners, and the Nominators of those Nominations will be similarly deemed the respective potential First, Second, Third and Fourth Prize Nominator Winners.
NOTE: If a Nominee has been nominated by more than one (1) Nominator, the Nominator who submitted the Nomination that was selected by the Judges as the winning Nomination will be deemed as the Nomination’s Nominator.
Grand Prize through Fourth Prize Nominator Winner’s Nomination Content may be posted on the Website.
The potential Grand Prize Nominee and Nominator Winner through Fourth Prize Nominee and Nominator Winners (collectively “Winners”) will be notified by phone, mail or email on or about 4/4/11. The decisions of Sponsor and the Contest Judges are final. The Winners are subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and execution of all required documents described herein, including but not limited to an Affidavit of Eligibility/Compliance & Publicity/Liability Release, as allowed by law, and any other such documents as may be reasonably requested by Sponsor in order to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the respective Nomination Content, and to return these properly signed documents to Sponsor in the Sponsor provided pre-paid, pre-addressed mailer within ten (10) days of date of the sending of the notice, or the potential Winners may forfeit the Prizes in their entirety, and alternate potential Winners may be selected according to the criteria stated herein. Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding.
5. REPRESENTATIONS/WARRANTIES; GRANTS/WAIVERS; AND INDEMNIFICATION/RELEASE AS CONDITIONS OF ENTRY:
(A) REPRESENTATIONS/WARRANTIES: By registering and uploading a Nomination, you represent and warrant that: (i) You have the legal capacity to enter this Contest; (ii) You own all rights and title to the Nomination Content; (iii) Your Nomination Content is solely your own original work and does not belong to and/or is not attributable to third persons; (iv) You own or control all right, title and interest in your Nomination Content, including but not limited to its copyright; (v) Your Nomination does not infringe the intellectual property, privacy, publicity rights or any other legal or moral rights of any third party including but not limited to intellectual property rights, such as, but not limited to, rights of copyright, trademark or patent, or rights of publicity and/or privacy; (vi) Your Nomination Content is not defamatory, slanderous or libelous, nor does it portray any person in a false light; (vii) Your Nomination Content has not been entered in or won any current or previous contests or awards; (viii) Your Nomination Content has not been previously published or distributed in any media; (ix) You have obtained permission from each person who has in any way participated in or whose efforts have in any way contributed to the creation or production of the Nomination Content and that such person(s) have granted you all necessary rights regarding use of the Nomination Content, and you will make written copies of such permissions available to the Sponsor upon request. If such participating / contributing person is a minor, such grant of rights must include written permission from the minor’s parent or legal guardian; (x) Your Nomination Content does not violate any law or regulation; (xi) Your Nomination Content does not contain any virus, bugs, or other deleterious material; and, (xii) You have fully complied with these Official Rules.
(B) GRANTS/WAIVERS: By uploading a Nomination, you irrevocably grant Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use, reuse, or not use your Nomination or any portion of it, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion in any and all media, without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from you. You understand and agree that although you have granted Sponsor the right to use or reuse your Nomination or any portion thereof as stated hereinabove, Sponsor, in its sole discretion, may elect not to use any said Nomination or portion thereof.
YOU REPRESENT, UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS OR FOR ANY SUBSEQUENT USE OF SUCH CONTEST ENTRY OR NOMINATION BY SPONSOR, OTHER THAN ANY PRIZE THAT MAY BE AWARDED TO A WINNER.
You hereby waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude Sponsor’s use of your respective Nomination and agree not to sue or assert any claim against Sponsor and Others arising out of or connected to the use of the Nomination or your participation in this Contest.
(C) INDEMNIFICATION/RELEASE: You further agree to indemnify and hold Sponsor and Others harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or arising out of your Nomination, including the Nomination Content, or your conduct in creating the Nomination, including the Nomination Content or any portion thereof or other actions in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, work product, violation of an individual’s right of publicity or right of privacy, or defamation. You further agree to release and hold harmless Sponsor and Others from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes your rights with regard to the Contest or any portion thereof. As stated above, posting or publication of a Nomination, including Nomination Content, does not mean that Sponsor has determined the Nomination Content is in compliance with these Official Rules. Nominations, including Nomination Content, that do not comply with these Official Rules or that otherwise contain prohibited or inappropriate content as determined by Sponsor in its sole discretion may be disqualified and removed from Sponsor’s website and any other website belonging to or controlled by Sponsor at any time.
6. CONTEST PRIZES:
(A) (i) Grand Prize Nominee Winner and Grand Prize Nominator Winner: Both the Grand Prize Nominator Winner and Grand Prize Nominee Winner will each receive a year’s supply, awarded as Two Hundred Dollars ($200), worth of Marcal® paper products as designated by Sponsor. (Approximate Retail Value of each Prize: $200; Total ARV of all Grand Prizes: $400).
(ii) All First, Second, Third and Fourth Prize Nominee Winners and First, Second, Third and Fourth Prize Nominator Winners: Each individual who is either the Nominator or the Nominee of a Nomination that received either the First, Second, Third or Fourth Prize will receive a month’s supply, awarded as Seventeen Dollars ($17), worth, of Marcal® paper products as designated by Sponsor. (ARV of each Prize: $17, Total ARV of all First, Second, Third, and Fourth Prizes: ($136).
(B) (i) GRAND HONOR PRIZE – NOMINEE WINNER (1): The Grand Prize Nominee Winner will have the honor to select a charity from among a list of charities designated by Sponsor that will be awarded a check in the amount of Five Thousand Dollars ($5,000) in honor of the Grand Prize Nominee Winner.
(ii) FIRST HONOR PRIZE – NOMINEE WINNER (1): The First Prize Nominee Winner will have the honor to select a charity from among a list of charities designated by Sponsor that will be awarded a check in the amount of Two Thousand Five Hundred Dollars ($2,500) in honor of the First Prize Nominee Winner.
(iii) SECOND HONOR PRIZE – NOMINEE WINNER (1): The Second Prize Nominee Winner will have the honor to select a charity from among a list of charities designated by Sponsor that will be awarded a check in the amount of One Thousand Five Hundred Dollars ($1,500) in honor of the Second Prize Nominee Winner.
(iv) THIRD and FOURTH HONOR PRIZE – NOMINEE WINNERS (1 each): The Third and Fourth Prize Nominee Winners will each have the honor to select a charity from among a list of charities designated by Sponsor that will each be awarded a check in the amount of Five Hundred Dollars ($500) in honor of the respective Nominee Winner.
In the event that a Nominee Winner wishes that the respective Prize be awarded to a charity not listed on Sponsor’s list of approved charities, the Nominee Winner may submit to Sponsor the name of a non-profit organization recognized as exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code that must be approved by Sponsor as consistent with its corporate philosophy, citizenship and image. If such charity does not comply with and/or fails to return the completed tax exemption and qualification documents requested by Sponsor within the time period stated in Sponsor’s communication to the charity notifying it of its having been designated as a potential winning charity, that charity will forfeit its contribution, and the Nominee Winner must designate a charity from among Sponsor’s list of designated charities.
Prizes may not be redeemed for cash, and they are neither transferable nor substitutable, except at the sole discretion of the Sponsor.
LIMIT: Only one (1) Prize per household will be awarded. Regardless of the Prize, in no event may a Nominator or Nominee or their household win more than one Prize.
7. LIMITATIONS OF LIABILITY/RELEASE/INTERNET: No liability or responsibility is assumed by Sponsor and Others resulting from any person’s participation in or attempt to participate in the Contest or his/her ability or inability to upload or download any information, submissions or Nomination Content in connection with participating in the Contest. No responsibility or liability is assumed by Sponsor and Others for technical problems or technical malfunctions arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of any website associated with this Contest in whole or in part for any reason; traffic congestion on the Internet or a website; unauthorized human or non-human intervention with the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Contest; or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. Sponsor and Others are not responsible for any typographical or other errors in the announcement of Prizes or these Official Rules, nor for any inaccurate or incorrect data contained on any website associated with this Contest. The use of any robotic, automatic, macro, programmed, third party or like methods in this Contest are prohibited, and the use or attempted use of such will void any attempted participation effected by such methods, and may result in the cancellation, termination, or modification of the Contest and the disqualification of the individual utilizing the same.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Use of any website involved in this Contest is at user’s own risk. Sponsor and Others are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of a website or the download of any information from any such website. By participating in the Contest, a participant releases Sponsor and Others from any and all claims, damages or liabilities arising from or relating to participation in the Contest. By accepting a Prize, Winners agree that Sponsor and Others shall not be liable for any loss or injury resulting from participation in the Contest, or acceptance or use of any Prize or Prize-related activity. Sponsor and Others are not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”). If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, error, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest or any portion of it and proceed in a manner it deems fair and reasonable, which shall include the selection of winners from among eligible Nominations received prior to such cancellation, modification or termination. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry, judging or voting process or the operation of the Contest; (b) violating the Official Rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
SPONSOR AND OTHERS MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS REGARDS ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, CHECK YOUR LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
8. PRIVACY POLICY: Any personally identifiable information collected during an entrant’s participation in this Contest will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as such is stated at: www.marcalsmallsteps.com/privacy.
9. PUBLICITY RIGHTS: By accepting a Prize, Winners agree to allow Sponsor and/or
Sponsor’s designees the perpetual right to use their name, biographical information, photos and/or likeness, statements, and Nomination including Nomination Content, or any portion of it, for promotion, trade, commercial, advertising, publicity and other purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
10. GENERAL: By entering this Contest, participants agree to abide by and accept these Official Rules. Participants waive any right to claim ambiguity in these Official Rules. In no event will more Prizes be awarded than are stated in these Official Rules, except in the sole discretion of Sponsor. All federal, state and local laws and regulations apply. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The interpretation of these Official Rules shall be governed by the laws of the State of New Jersey, without respect to the Conflict of Laws doctrine. Any and all disputes will be resolved individually, without resort to class action, exclusively before a court located in the State of New Jersey having appropriate jurisdiction. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages. Sponsor’s decisions shall be final in all matters pertaining to this Contest. Void outside of the 50 United States/District of Columbia, in Puerto Rico and where prohibited by law.
11. WINNERS LIST: For a list of the Winners, send a self-addressed stamped envelope to: Marcal® Small Steps® for Big Change Contest Winners List, One Market Street, Elmwood Park, NJ 07407. Requests must be postmarked no later than 4/15/11.
Sponsor: Marcal Manufacturing, LLC, One Market Street, Elmwood Park, NJ 07407 is the sole sponsor of this Contest.
These Rules may not be re-printed or re-published in whole or in part without the prior written consent of Marcal Manufacturing, LLC.
© 2011 Marcal Manufacturing, LLC.
