How To Enter
• Starting October 1st, we’ll be accepting entries for our Pentel Arts Spotlight Competition. Submissions will be closed October 31st. (US residents and 18 yrs or older only)
• Submit your name, email, and a link to one Instagram post that showcases your skills. Be sure to choose a category for your art to be considered in that section! (See Rules for judging criteria)
• Six winners will be chosen by our Judging Panel, one from each of the following categories: Comics & Manga, Landscape & Urban Sketching, Fine Art & Illustration, Digital Integration, Calligraphy & Lettering, Crafts. Winners will receive a prize of Pentel Arts products and a takeover of Pentel’s Instagram.
ENTER THE CONTEST
When I was a kid I loved to draw. I would carry a Sketchbook with me everywhere I went. It was something that I felt I could never put down. When I was drawing I feel like nothing was impossible and the world was literally at my fingertips that passion for art stayed with me my whole life and when it was time to choose a career path there is no question that it would be in the art field. I was lucky enough to be asked to draw tattoos for friends around the age of 16 once I started my path was pretty much chosen. I spent years trying to learn and perfect the craft of drawing. When I was not drawing tattoos for people I was drawing my own art at home, Art Is My Life! I currently own two tattoo studios, I have been on two different tattoo TV shows I have traveled all over the country competing in different tattoo competitions and winning Awards in several categories. My Tattoos can command up to an 18-month wait. I plan on doing this until I can’t hold a pencil anymore. I encourage anyone that has a passion for art to pursue their dream and to not be deterred, it will not always be easy but nothing worth doing is. Instagram: @christianmasot
Jenna Lechner is an illustrator, writer, and teacher based in Portland, OR. She works in natural media (often ink and watercolor) and does a variety of illustration projects for stationery, newspapers, magazines, packaging, branding, and more. She previously worked as an arts journalist, writing art criticism and feature stories. Jenna has worked with people like Adobe, HTC Mobile, Wide Eyes Paper Co., Portland Mercury, Daily Serving, and more. You can find her on Instagram @jennamlechner, and at her website: www.jennalechner.com
Chris Koehler is an award-winning artist and illustrator working out of San Francisco.
His work has been featured in Penguin Random House and Tor Books, The New York Times, Washington Post, The Atlantic, and Popular Science as well as international ad campaigns, packaging, and products. His illustrations have been recognized by Communication Arts, Society of Illustrators, American Illustration, Spectrum, and 3×3.
In addition to being a freelance brush for hire, Chris is the artist behind the Z2 published comic “Legend” and teaches in the Illustration and MFA in Comics Programs at California College of the Arts. He can often be found hunched over a sketchbook in a coffee shop. His work can be found online at chriskoehler.com and Instagram @ckoehlerart.
Jeremy C. Joseph is an illustrator artist living in Portland, Oregon, with his beautiful darling, two stepchildren and a fearless indoor cat named Bacon.
Mr. Joseph began his professional career as an animator, working for Disney, Cartoon Network, ESPN and NBC but grew tired of making other people’s stories come to life.
Combining his 20 years of digital illustration experience with his childhood love of traditional illustration, he made the leap from animator to full-time illustrator and designer
and now happily makes his own stories come to life in a hyper-detailed world full of biomechanical creatures, women and animals.
You can witness this transformation for yourself on his Instagram @inkshift or on www.inkshift.com.
In addition to client work and commissions, he also has a line of limited edition enamel pins, art prints and various merchandise for sale under his brand, INKSHIFT.
He is currently focused on his first book of illustrations, speaking engagements about illustration and demonstrations within the art community – mostly while
Bacon sits on his lap, purring her (dis)approval.
IMPORTANT INFORMATION: Please read these rules (“Official Rules”) carefully before entering the “Spotlight Takeover Contest” (“Contest”). By participating in the Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Promotion Entities, and not to Instagram.
DETAILS, QUALIFICATIONS, AND RESTRICTIONS FOR PARTICIPATION APPLY. ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. ENTRANTS MUST BE LEGAL RESIDENTS OF THE UNITED STATES AND 18 YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. BY UPLOADING A CONTENT SUBMISSION YOU REPRESENT YOU OWN/HAVE PERMISSION TO USE ALL RIGHTS TO IT (& WILL INDEMNIFY PENTEL OF AMERICA, LTD. FOR SUCH USE) & THAT YOU’RE GRANTING PENTEL OF AMERICA, LTD. THE PERPETUAL & UNLIMITED RIGHT TO USE IT & YOUR NAME, LOCATION, LIKENESS & STATEMENTS ACCOMPANYING IT TO PROMOTE PENTEL OF AMERICA, LTD. PROMOTIONS W/O FURTHER COMPENSATION. NEED NOT BE PRESENT TO WIN. NO SUBSTITUTION WILL BE ALLOWED AND PRIZES MAY NOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION.
This Contest Begins 10/01/20 At 12:00:01 A.M. (Midnight) Eastern Time (ET) And Ends 10/31/20 at 11:59:59 P.M. ET.
Entrants Must Meet The Eligibility Requirements Of These Official Rules. Individuals Affiliated With Sponsor Are Ineligible To Enter And Win Any Prizes. All Entries Must Be Complete To Be Eligible. This Contest May Only Be Entered Into In Or From The Fifty (50) United States and District of Columbia (Excluding Its Territories and Possessions). Entries Originating From Any Other Jurisdiction Are Not Eligible For Entry. Official Winners May Be Required To Sign An Affidavit Of Eligibility And Receipt. Taxes, Where Applicable, Are The Sole Responsibility Of The Winner. See Official Rules For Complete Details And Restrictions.
- PROMOTION DESCRIPTION. Pentel supplies the world with superior quality writing instruments, including its roller ball technology pens and super hi-polymer lead pencils. Pentel greatly appreciates the creativity and craftsmanship of artists. Pentel of America is looking to find six artists to take-over its Instagram feed for each week of the months of November-December. Entrants must submit a qualifying content submission, as a URL to an Instagram post, on the contest website: pentel.com/spotlight. Entry into this Contest does not constitute entry into any other promotion, contest, or sweepstakes. A panel of judges will score eligible entries and determine the Contest winners.
- START/END TIMES. The “Spotlight Takeover Contest” (“Contest”) begins at 12:00:01 a.m. (midnight) Eastern Time (ET) on October 1, 2020 and ends at 11:59:59 p.m. ET on October 31, 2020 (“Contest Period”). Administrator’s clock is the official time keeping device of the Contest. Sponsor reserves the right to modify the scheduling of this Contest without prior notification to the greatest extent allowed by applicable law.
- SPONSOR. The Contest is governed by these Official Rules. Pentel of America, Ltd. is hereinafter called “Sponsor.”
- ADMINISTRATOR AND PROMOTION ENTITIES. The Administrator of the Contest is The Buddy Group, Inc. (“Administrator”). Sponsor and Administrator are collectively referred to herein as “Promotion Entities”.
- ELIGIBILITY. This Contest is made available to Entrants, defined below, residing in the fifty (50) United States and District of Columbia (excluding its territories and possessions), where not prohibited by law (the “Eligibility Area”). This Contest is open only to eligible legal residents of the Eligibility Area who are eighteen (18) years of age or older as of the date of entry, have a valid social security or tax ID number, and who have a valid Instagram account at the time of entry. Contest may only be entered from and in eligible jurisdictions. This Contest is not open to: (a) directors, officers, employees, agents and independent contractors of Sponsor, or of its parents, affiliates, subsidiaries, professional advisors, consultants, or advertising or promotional agencies; (b) directors, officers, employees, and agents and independent contractors of any business entity retained by Sponsor for the administration of or otherwise associated with this Contest; (c) immediate family members (parents, children, siblings, spouse) of (a), (b), or the both of them. Each Entrant may enter only as an individual on behalf of himself or herself. All applicable federal, state, and local laws and regulations apply. Each Entrant must agree to these Official Rules this Contest made available via hyperlinks on the Contest online entry form. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. ANY ENTRANT THAT DOES NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, IS NOT ELIGIBLE TO WIN ANY PRIZE AND SPONSOR RESERVES THE RIGHT NOT TO AWARD ANY PRIZE TO SUCH ENTRANT. “Entrant” or “you” means an eligible entrant under these Official Rules.
- AGREEMENT TO THESE OFFICIAL RULES. Each Entrant who enters this Contest fully and unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding with respect to all aspects of this Contest.
- VERIFICATION OF ELIGIBILITY. A potential winner is not a recipient of the prize until he or she has been verified by Sponsor to be eligible, in compliance with these Official Rules and as the winner (“Verification”).
- HOW TO ENTER. During the Contest Period, Entrants may enter this Contest by visiting pentel.com/spotlight and completing the Contest registration form. Entrant may submit a content submission as indicated during entry at Entrant’s discretion. Entrant of will need to select one of the six categories listed below. Entrant represents he/she owns/has permission to use all rights to it (and will indemnify Sponsor for such use). Categories:
Typically starting on paper and ending up on screen, digital integration is where traditional and digital media meet. How can you combine pencil and paint with Photoshop and Procreate?
Superheroes! Manga! Zines! Show us your panels and splash pages, both sequential and static. This is your opportunity to bring the action and drama to life.
Whether you’re deep in the forest with watercolor or sketching urban scenes from an outdoor cafe, we want to see what you can do on location, capturing the world around you.
Whether you love the playful curls of modern calligraphy or the bold strokes of blackletter, we want to see your finest letters.
This category is for all the pros and aspiring artists out there show us your best personal or professional work.
If you love crafting, scrapbooking, or being creative in unique ways, we want to see your projects.
To enter, an Entrant must be a registered user of Instagram. If an entrant is not a registered user of this site, the entrant must visit Instagram.com to register for free. Registration for and use of the Instagram platform is subject to its terms and conditions and Promotion Entities have no responsibility with respect to such registration or use.
- FOR ALL ENTRIES. Your entry submission must be of your own original creation and executed solely by you. Entries must be submitted in English. Your entry submission must not have been submitted to any other promotion. Submissions must not misappropriate, infringe upon or violate the copyrights, trademarks, rights of privacy, publicity or any other intellectual property or other rights of any person or entity and must not defame any person or entity, or violate any laws or regulations. Submissions must not contain profanity; sexual content; content promoting alcohol, illegal drugs, tobacco, firearms, weapons, hateful content of any kind (including racism, sexism, etc.); content that promotes violence or harm to another living creature; or any other offensive, obscene, or inappropriate content. Any entry submission that relates to or contains references to any third-party businesses or organizations may be disqualified in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry it deems offensive, defamatory, harmful, deceptive, inaccurate, inappropriate, not consistent with Sponsor’s image or reputation, or not in compliance with these Official Rules.
Each Entrant is eligible to submit up to one (1) Contest entry during the Contest Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant’s entries and that Entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified.
Failure to submit all required information in the manner and format required in these Official Rules may result in disqualification. All entries must be complete in order to be eligible. Entrants and entries are subject to Verification by Sponsor. Proof of receipt of submission of entry does not constitute proof of receipt of entry.
- JUDGING. All eligible and qualifying Contest entry submissions received will be reviewed and judged by Sponsor’s designated internal and/or external personnel (“Judges”) and judged, during the Contest Period or shortly thereafter, on the following:
Initial Review: Administrator will review content submissions for basic design fundamentals and qualifications for entry. Administrators will assign a score of one (1) or zero (0). A score of one (1) will qualify for Judges Review.
Judges Review: Judges will review and judge content submissions based on the following four (4) criterion upon equal weight for each:
- Mood, Style, and Overall Impact.
Judges will score Contest entry submissions from one (1) through ten (10), with one-point increments, for each criterion. All judgments will be made from a standpoint of greatest possible achievement.
|Composition:||Score 7-10: Very good to excellent use of composition. For example, a balanced scene, that leads your eye around the drawing, and makes you want to continue looking at the drawing
Score 4-6: Moderate to good use of composition. For example, decent scene, with some consideration of placement of visual elements.
Score 1-3: Weak to satisfactory use of composition. For example, an unbalanced and maybe awkward design
|Creativity:||Score 7-10: Very good to excellent expression of creativity. For example, an interesting and unique take on a subject matter, maybe also an unusual way of using materials.
Score 4-6: Moderate to good expression of creativity.
Score 1-3: Weak to satisfactory expression of creativity. For example, less exciting use of subject matter, really straightforward subject matter and presentation of it
|Craftsmanship:||Score 7-10: Very good to excellent display of craftsmanship. For example, clearly great understanding of the tools that are being used. The drawing has sensitive line quality to the linework,and the drawing shows good control of the pen.
Score 4-6: Moderate to good display of craftsmanship. For example, clearly good use of the tools, and an understanding of what you can do with them.
Score 1-3: Weak to satisfactory display of craftsmanship. For example, clear novice use of the pen, lack of control of the drawing materials.
|Mood/Style:||Score 7-10: Very good to excellent mood or style. For example, drawing clearly shows a unique point of view, and conveys a convincing mood, feeling, or idea.
Score 4-6: Moderate to good mood or style.
Score 1-3: Weak to satisfactory mood or style. For example, a clear lack of personality in the drawing, lacking in a mood or perspective.
- SELECTION OF FINALISTS AND WINNERS. Judges will select the top six (6) scoring Contest entry submissions based on the above judging criteria as winners of the Contest, shortly following the conclusion of the Contest Period, on or about November 12th, 2020. One winner will be selected from each of the six (6) art categories. The odds of an entry being deemed a potential winner depend on the number of eligible entries received and on the skill of the participating Entrants. The judges reserve the right to select no potential winners if, in their sole discretion, an insufficient number of eligible, qualified, and minimum scoring entries are received. Display or publication of any entry does not indicate the Entrant will be selected as a potential winner. Potential winners are subject to Verification by the Sponsor before a winner will be officially named.
There will be no ties. In the event of a tie, the tied entries alone shall be re-judged in comparison to each other for originality and overall impact. Potential Contest winners shall be notified in accordance with these Official Rules.
Judges may decide to modify their original scores for any Contest entry submission before determining a potential winner. Judges’ decisions shall be final and binding in all respects related to this Contest and Entrants shall not expect any acknowledgement or further correspondence with Sponsor. Judges’ decisions shall be made in their own discretion and shall not be subject to request for review or request for score by Entrant.
- PRIZES. Contest prizes will be awarded to the official Contest winners shortly following the conclusion of the Contest Period and determination and verification of the Contest potential winners. Approximate Retail Values (“ARV”) for Contest prizes are based the provider’s suggested retail price in the Eligibility Area at the start date of the Contest Period. Actual values may vary. All prices are denominated in U.S. Dollars.
Prize: Six (6) Prize winners selected:
- Pentel Products, as selected by Sponsor. ARV: $300
- A one-week take-over of Pentel’s Instagram social media feed during the month of November-December 2020. For clarification, this means that Pentel will approve, at its sole discretion, posts submitted from winners for the purpose of posting on Pentel’s Instagram feed and featuring winner’s artwork. Subject to additional terms. No monetary value.
- CLAIMING A CONTEST PRIZE. On or about the end of the Contest Period, a potential winner will be sent a potential winner notification by email or other means, as determined by Sponsor in its sole discretion. Verification and prize claim materials will accompany the potential winner notification. The potential winner should follow the instructions completely and fully comply with the conditions contained in his or her winner notification. A winner is not a recipient of a Contest prize until he or she has been verified by Verification as the winner by the Sponsor and has met all of the terms and conditions of these Official Rules. Sponsor reserves the right to disqualify any Entrant whose eligibility is in question.
- CONDITIONS ON PRIZE CLAIMS.
- Redemption Deadline: All Contest prize claim materials, including Affidavit of Eligibility and Release of Liablity/Publicity, received in the winner notification mailing must be completed in full and returned for receipt within fourteen (14) calendar days of any such notification (“Redemption Deadline”). Receipt after that date will invalidate the Contest prize claim and cause the Contest prize to be forfeited. If any potential Contest prize winner fails or refuses to properly sign and return all Contest prize claim materials by the Redemption Deadline or if the Contest prize claim documents or a prize is returned as unclaimed or undeliverable to any potential winner, such potential Contest prize winner will be disqualified and/or otherwise forfeits his or her Contest prize. Contest prize claim materials become the sole property of Sponsor and will not be returned.
- Eligibility: Sponsor reserves the right to disqualify any Entrant whose eligibility is in question. Contest entries generated by script, macro, or other automated means will be void. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of this promotion or any applicable web pages or applications, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other individual. All entries must be complete to be eligible.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. ANY PERSON ATTEMPTING TO FORGE PRIZE CLAIM MATERIALS OR DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THE CONTEST MAY BE PROSECUTED TO THE FULLEST EXTENT PERMITTED BY LAW.
Entrants assume all risk of loss, damage, destruction, delay and misdirection of prize claim materials and are advised to obtain insurance where appropriate. Sponsor shall not be held responsible or liable for failure to contact potential winners who provide incomplete or incorrect contact information.
- Identity of the Entrant: In the event of a dispute as to the identity of a potential winner, Sponsor will make the determination as to individual associated with the entry. A potential winner may be requested to provide Sponsor with proof that the potential winner is the individual associated with the winning submission. If a dispute cannot be resolved to Sponsor’s sole satisfaction, the submission will be deemed ineligible and the potential winner will be disqualified.
- Prize Notification. All Contest potential winners will be determined on or about November 12th, 2020. Sponsor will notify potential winners by mail or email, as determined by Sponsor in its sole discretion. Once the potential winner has been verified by Verification and found to be in compliance with these Official Rules, the potential winner becomes an official winner. Prizes will be distributed after Verification is complete.
- Conditions on Prizes. Prizes are non-transferable and cannot be assigned, redeemed for cash, and no substitutions are permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the advertised prize is unavailable. Any taxes (including income and withholding taxes) on a prize awarded directly to a winner are the responsibility of each winner per the U.S. tax law and per the tax laws for their respective country.
- Additional Conditions on Pentel Instagram Take-Over. The prize is forfeited if: winner is not available for dates specified by Sponsor. Complete terms and conditions of prize will be furnished with prize notification. Other restrictions may apply.
- OWNERSHIP OF ENTRY CONTENT. You retain your rights to your content submission; however, by entering the contest, you grant Sponsor (and those authorized by Sponsor) a royalty-free, world-wide, limited to the duration of the Contest Period, non-exclusive license to publicly display, distribute, reproduce and create derivative works of the entries, in whole or in part, in social media platforms used to promote and administer the Contest, for the sole purpose of promoting and administering this Contest, as Sponsor determines in its sole discretion, including, but not limited to, advertising and promotion of the Contest, including but not limited to on Sponsor social media feeds. Winners of the Contest grant Sponsor a royalty-free, world-wide, perpetual, non-exclusive license to publicly display, distribute, reproduce and create derivative works of the entries, in whole or in part, in media platforms used to promote and administer the Contest, for the sole purpose administering this Contest and Contest Prize, as Sponsor determines in its sole discretion, including, but not limited to, advertising and promotion of the Contest and Contest Winner, including but not limited to posting content of the Winner on Sponsor’s social media feeds. Entries not used by Sponsor for this Contest will be discarded and all rights to any unused, non-winning content submission at the end of the Contest Period will revert back to you. All rights to non-winning entries used by Sponsor shall revert back to you at the end of the Contest Period. Any content submission reproduced will include a credit as feasible. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with such uses. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the entry submission or any of its contents. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies and agents with respect to all Entrants. Sponsor is under no obligation to use the entry submission for any purpose. Sponsor does not necessarily endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any entry content or communication posted nor does Sponsor endorse any opinions expressed in any entry. Entries will not be acknowledged or returned, except as in Sponsor’s sole discretion.
- USE OF WINNER NAME, LIKENESS, ETC. Except where prohibited by law, entry into the Contest constitutes full irrevocable permission of Sponsor and its assigns, designees, and licensees to use, reproduce, distribute, reuse, transmit, display, and publish each Entrant’s name, hometown, photograph, comment, testimonial, likeness and/or prize information, in whole or in part, without limitation, without further permission, approval, or compensation. The foregoing includes, without limitation, promotional or publicity purposes, as well as any other purpose associated with this Contest, including, without limitation, the exploitation, distribution, advertising, and promotion of any works made with or including Entrant’s entry content, in perpetuity, in any media, throughout the world, individually or in conjunction with other materials. As a condition of being awarded any prize, except where prohibited by law, each official winner may be required to execute a consent form to effectuate the foregoing. Sponsor reserves the right to announce the official winners by press release, Instagram post, at an event, or any combination of them, so long as the announcement comes after notification of the prize as described by these Official Rules.
- YOUR REPRESENTATIONS AND WARRANTIES. You warrant, represent and agree that, in the course of your participation in this Contest, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding, or other promotional content into any Contest entry submission to further any commercial or promotional purposes; or (c) misappropriate, infringe upon or violate the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person and must not defame any person or entity, or violate any law; or (d) submit any entry content that is offensive, defamatory, harmful, deceptive, inaccurate, not consistent with Sponsor’s image or reputation, or otherwise inappropriate; or (e) disseminate or otherwise submit any entry to any other entity for publication. You warrant, represent and agree that you own all right, title and interest to the entry submission and have not previously published the entry submission in any medium. You further represent and warrant that you will not use personally identifying information in your entry submission. You further acknowledge and agree that Sponsor is in no way obligated to publish or use your entry in any way. You confirm that any and all statements that you make will reflect your honest opinions, beliefs or experiences, and that any representations made will be true and accurate to the best of your knowledge. You further warrant, represent and agree that your entries will not be subject to payment obligations of any third party, and will be original to you and comply with these Official Rules.
- DISPUTES AND LIMITATION OF LIABILITY. Each Entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion or these Official Rules shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place in a federal or state court within the State of California and shall be governed by, and construed in accordance with, the internal laws of the State of California including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. You further agree acknowledge that, in the event of a dispute, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief, and you will not have the right to enjoin the use, exploitation, distribution, exhibiting, publicizing, advertising, and promotion of the Contest entry content.
- RELEASE AND INDEMNITY OF SPONSOR; DISCLAIMER. By participating in any way in this Contest, you accept and agree to release and hold harmless Sponsor and its retailers, suppliers, distributors, manufacturers, advertising and promotion agencies, professional advisors and consultants, promotion administrators, and their respective parents, successors, affiliates, subsidiaries, directors, officers, employees, agencies, agents, representatives and independent contractors (collectively, “Released Parties”) from ANY AND ALL liability of any injuries, losses or damages of any kind caused by or in connection with, in whole or in part, directly or indirectly, this Contest, or the delivery, mis-delivery, acceptance, possession, use of, misuse of, or inability to use any prize, or travel-related activities, or your transmission of any message, content, information, software, or other materials, and release, indemnify and hold harmless the Released Parties from ANY AND ALL liability of any injuries, losses or damages of any kind, directly or indirectly, for your breach or violation of the law or of these Official Rules (and, as to any and all of the above: including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort [including negligence], warranty or other theory). Sponsor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Sponsor’s defense of such claim.
Released Parties are not responsible for (a) technical, computer, hardware or software errors, interruptions, malfunctions or failures, (b) telephone failures of any kind, (c) lost or unavailable or congested Internet or network connections, (d) any errors or failures of any kind, whether human, mechanical, clerical, or electronic in nature, (e) failed, incorrect, inaccurate, incomplete, illegible, lost, misrouted, stolen, delayed, late, garbled, distorted or damaged online submission or entry forms (all of which will be deemed void) and communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest, which may limit the ability to participate or by any human error or intervention which may occur in the processing of entries in this Contest. Released Parties are not responsible for any printing or typographical errors in any materials associated with the Contest. Sponsor reserves the right to modify, terminate, or suspend the online submission and entry process should viruses, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of this Contest. Released Parties are not responsible for any injury or damage to any Entrant’s or any other person’s computer related to or resulting from participation in this Contest. You further agree that you will not instigate, support, maintain, or authorize any action, claim or lawsuit against the Released Parties or any other person or entity, on the grounds that any use of the entry or any derivative works, infringes any of your rights, including, without limitation, any claim to copyright. Entrants waive the right to assert as a cost of winning, any and all costs of Verification and redemption or travel to claim a prize and any liability and publicity that may arise from claiming or seeking to claim a prize.
- GENERAL TERMS.
- Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Entrant and Sponsor in connection with this Contest, 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 or provisions (whether of the State of California, or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of California.
- Partial Invalidity. Any provision of these Official Rules deemed unenforceable or invalid will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect.
- No Partnership, Joint Venture or Agency. Nothing in these Official Rules shall constitute an employment, joint venture, or partnership relationship between you and Sponsor. In no way are you to be construed as the agent or to be acting as the agent of Sponsor.
- WINNER LIST; RULES REQUEST. For a copy of the winner list, visit http://spotlight.pentel.com/ on or about November 12th, 2020. To obtain a copy of these Official Rules, visit http://spotlight.pentel.com/rules/
- SPONSOR: Pentel of America, Ltd., 2715 Columbia Street, Torrance, CA 90503.
Pentel® is a registered trademark of Pentel of America, Ltd., all rights reserved.