Official Rules/Terms & Conditions for the “Contour Mania” Contest

No purchase necessary to enter or win. Making a purchase will not increase your chance of winning. Void where prohibited.

The following promotion is intended solely for residents of the United States at the time of entry, and shall be governed by and construed under the laws of the State of California.

1. Eligibility: The Contest is open to residents of the U.S. who are at least 18 years of age at the time of entry. Employees of National Pen Co. LLC its parent company, and their respective affiliates, subsidiaries, employees, officers and directors of any of the foregoing and members of their immediate families are not eligible. Entrants agree to the release of their name, address, telephone number, and email information to National Pen for purposes of conducting this contest. Entrants should review the privacy policy set forth at contest@pens.com with regard to how National Pen may use any personal data provided to in by entrants.


2. To Enter: Visit http://www.pens.com/pens/contour-mania-contest to download and complete the entry form, then submit the entry form and design(s) (each, a “Design”) as attachments in the proper format described here to contest@pens.com. Entries must be complete to be eligible. Multiple entries allowed. Entries must be received on or prior to 12:01 AM on November 1, 2008. Entries become the property of the National Pen Co. LLC (“National Pen”) and will not be returned. The Design may not contain any third party trademarks or logos or any copyrighted elements other than elements owned by the entrant. Any elements that appear in the Design must be entirely original, created by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of Design, in National Pen’s sole discretion.


3. Entrant’s Representations and Warranties: By submitting a Design, each entrant warrants and represents that the Design (a) is original to the entrant, (b) does not infringe the intellectual property, privacy, publicity, or any other rights of any third party, (c) has not been previously published in any medium, (d) has not been submitted as an entry in any other contest, and (e) does not violate any law or regulation.


4. Rights to Designs: By submitting a Design, each entrant irrevocably grants to National Pen, its agents, licensees, and assigns the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Design (with or without using the entrant’s name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from the entrant or any other party.


5. Selection of Winner: A panel of judges selected by National Pen will evaluate each entry according to the following Judging Criteria: All entries will be reviewed based on the belief of the judges on the marketability of the design. On or about December 1, 2008, the potential prize winner will be notified by telephone and email to the phone number and email address provided during entry. The odds of winning depend on the relative performance of all entrants.


6. Requirements of Potential Winner: Except where prohibited, the potential winner may be required to sign and return an (a) affidavit of eligibility, (b) a liability/publicity release, and (c) a release in which he/she irrevocably assigns and transfers to National Pen any and all rights, title, and interest in the Design, including, without limitation, all copyrights, and trademark rights, and waives all moral rights in the Design. Documents must be signed and returned to National Pen within seven (7) days of notification. If a potential winner is a minor, his/her parent or legal guardian must sign the required documents on the entrant’s behalf. If a potential winner fails to sign and return the required documents within the required time period or is otherwise ineligible to receive the prize, an alternate entrant may be selected in his/her place according to the selection procedures set forth above.


7. Prize: $1,000 cash in the form of a check will be mailed to the winner. The prize is not transferable and the winner will be responsible for all taxes associated with the receipt of the prize.


8. Limitation of Liability: National Pen is not responsible for late, lost, stolen, misdirected, damaged, incomplete, or illegible entries; or entries that are lost due to computer, Internet, or electronic malfunction. National Pen reserves the right to cancel or modify the contest and award the prize through an alternative means if fraud or technical failure compromises the integrity of the contest, as determined by National Pen in its sole discretion. Entrants agree that National Pen, its promotion partners its parent company, and their respective affiliates, subsidiaries, employees, officers and directors shall not be liable for injury, losses, damages, or costs of any kind resulting from participation in this contest or acceptance of or use or misuse of a prize or parts thereof. By entering, participants agree to be bound by these Official Rules. In the event of a dispute regarding the identity of the person submitting an electronic entry, the entry will be deemed to be submitted by the person in whose name the email account is registered.


9. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in California. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.


10. Winner List: For the name of the winner send a self-addressed, stamped envelope to: National Pen Company, “Contour Mania”, National Pen Co. LLC, 12121 Scripps Summit Drive, San Diego, CA 92131. Do not send entries or other correspondence to this address.


11. Sponsor: National Pen Co. LLC, 12121 Scripps Summit Drive, San Diego, CA 92131