Faber- Castell Art & Graphic #FaberCastellAc ademy

Sweepstakes Rules
FABER-CASTELL ART & GRAPHIC OFFICIAL RULES FOR #FABERCASTELLACADEMY SWEEPSTAKES
Sweepstakes Summary ('Sweepstakes'): NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
CORPORATE SPONSOR AND FACILATOR ('Sponsor and/or Facilitator'): Faber-Castell USA.
PROMOTION PERIOD: The 'Promotion Period' begins on September 17, 2015 at 12:01 a.m. EST
('Start Date') and ends on November 20, 2015 at 12 p.m. EST (the "End Date"). Sponsor will keep
the official time of the Sweepstakes.
How Winner Will Be Chosen: A maximum of one (1) Winner will be randomly selected each week
two days following the completed Entry Period ('Draw Date') and will be notified on the Draw Date
that they have been selected.
Entry Period

Start Date

End Date

Draw Date

9/17/15 @ 12:01 a.m. EST

9/23/15 @ 11:59 p.m. EST

9/25/15

9/24/15 @ 12:01 a.m. EST

9/30/15 @ 11:59 p.m. EST

10/2/15

10/1/15 @ 12:01 a.m. EST

10/7/15 @ 11:59 p.m. EST

10/9/15

10/8/15 @ 12:01 a.m. EST

10/14/15 @ 11:59 p.m. EST

10/16/15

10/15/15 @ 12:01 a.m. EST

10/21/15 @ 11:59 p.m. EST

10/23/15

10/22/15 @ 12:01 a.m. EST

10/28/15 @ 11:59 p.m. EST

10/30/15

10/29/15 @ 12:01 a.m. EST

11/4/15 @ 11:59 p.m. EST

11/6/15

11/5/15 @ 12:01 a.m. EST

11/11/15 @ 11:59 p.m. EST

11/13/15

11/12/15 @ 12:01 a.m. EST

11/19/15 @ 11:59 p.m. EST

11/20/15

Number of Possible Sweepstakes Entries ("Entry") per person: One entry per day on Instagram and
one entry per day on Twitter per person is permitted during the Promotion Period. Each Winner,

however, may only win one (1) Prize. Individuals contracted to participate in the event are not
eligible.
1. Eligibility: The Sweepstakes is FREE to enter and open to all individuals who are legal residents of
the Continental United States, have reached the Minimum Required Age of 18 years at the time
they submit their Entry, and have a non-private Twitter handle ("you" or "Entrant").
Minimum Age Requirements: DO NOT PARTICIPATE IN THE PROMOTION IF YOU ARE NOT A LEGAL
RESIDENT OF THE U.S. AND AT LEAST 18 YEARS OF AGE AT THE TIME OF SUBMISSION OR YOU
OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL
RULES.
Geographic Region and Applicable Law: THIS PROMOTION IS INTENDED FOR PARTICIPATION ONLY
BY RESIDENTS OF THE UNITED STATES AND D.C. ("U.S.") AND SHALL BE CONSTRUED ACCORDING
TO, AND GOVERNED EXCLUSIVELY BY OHIO LAW.
The Sweepstakes is void outside the Geographic Region specified and where otherwise prohibited
by applicable federal, state, provincial or local laws, rules or regulations. It is the Entrant's
responsibility to ensure that he/she is legally eligible to enter the Sweepstakes under any local,
state, or national laws applicable to him or her, in their area of residence or otherwise. The
employees, officers and directors of the Sponsor, as well as, the immediate family (spouse, parents,
siblings and children) and household members of each such employee, officer and director are not
eligible to participate in the Sweepstakes.
2. How to Enter: During the Promotion Period, an entrant may log on to his/her Instagram
account, and post one (1) photograph or video, taken by the entrant, showing his/her original
artwork with a caption that includes tips and techniques for their fellow artists with the hashtag
#FaberCastellAcademy to receive one (1) Entry (Instagram Entry) into the Contest. An additional
entry may be received by sharing the Instagram photograph or video through his/her Twitter
account with the hashtag #FaberCastellAcademy (Twitter Entry). A maximum of one Instagram
Entry and one Twitter Entry is allowed per day. All entries must comply with the Entry Guidelines
and Requirements in Section 3.
NOTE: The Photo must be a new Instagram post. Placing the hashtag on an existing Instagram post
or photograph posted prior to the start of the Contest Period will not be considered a valid Entry.
Due to the way Instagram operates its service, Sponsor may not receive Instagram Entries from
Instagram users with "protected" updates/private posts (i.e., an entrant has set his/her account so
that only people the entrant has approved can view his/her updates). To participate in the Contest
via Instagram, an entrant must already have or create an account on Instagram. Entrants may
download the Instagram application on their mobile devices to register for an Instagram account at
no cost via http://instagram.com. Creation of an Instagram account requires entrant to agree to
Instagrams Terms of Service and Privacy Policy, available at
http://instagram.com/about/legal/privacy and http://instagram.com/about/legal/terms,
respectively. This Contest is in no way sponsored, endorsed or administered by, or associated with
Instagram. Entries that do not include all the required information and adhere to these Official
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Rules will be considered void by the Sponsor and will not be eligible to win. The Sponsor is not
responsible for lost, misdirected or incomplete Entries.
NOTE: An entrant must have a non-private Twitter account to enter the Contest and maintain such
non-private account for at least sixty (60) days after the Contest Period ends to be eligible to
win/claim a prize for potential winner notification purposes. Due to the way Twitter operates its
service, Sponsor may not receive Twitter Entries from Twitter users with "protected" tweets (i.e., a
entrant has set his/her account so that only people the entrant has approved can view his/her
updates).To participate in the Contest via Twitter, an entrant must already have or create an
account on Twitter. Entrants may create a Twitter account at no cost by logging on to
https://twitter.com. Creation of Twitter account requires entrant to agree to Twitters Terms of
Service and Privacy Policy, available at https://twitter.com/tos and https://twitter.com/privacy,
respectively. This Contest is in no way sponsored, endorsed or administered by, or associated with
Twitter.
3. Entry Guidelines and Requirements. Each Entry:
Must be in English, except for commonly understood foreign words;
Must comply with the respective social media platforms policies and terms of service used to
enter;
Must not include any identifiable person(s) other than the entrant;
Must not contain material that violates or infringes anothers rights, including, but not limited to,
privacy, publicity or intellectual property rights or that constitutes copyright infringement;
Must be a photo taken by the entrant that is the original work of entrant;
Must not disparage Sponsor, Administrator, or any other person or party;
Must not feature brand names or trademarks other than Sponsors trademarks in any element of
the Entry;
Must not promote any cause other than the Contest theme;
Must not include personally identifiable information;
Must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful,
tortious, defamatory, slanderous or libelous (as determined by Sponsor, at Sponsors sole
discretion);
Must not contain, facilitate, reference or use material that promotes bigotry, racism, hatred or
harm against any group or individual or promotes discrimination based on race, gender, ethnicity,

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religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital
status or age (as determined by Sponsor at Sponsors sole discretion);
Must not contain any viruses, spyware, malware or other malicious components that are designed
to harm the functionality of a computer in any way; and
Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in
any jurisdiction where Entry is created.
NOTE: If any Entry fails to comply with any of these Entry Requirements or any other provisions of
these Rules, Sponsor and Administrator reserve the right to disqualify the entrant.
By submitting an Entry, an Entrant agrees that his/her Entry is gratuitous and made without
restriction, and will not place Sponsor under any obligation and that Sponsor is free to disclose or
otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or
otherwise use the ideas without any additional compensation to the entrant. Entrant acknowledges
that, by acceptance of his/her Entry, Sponsor does not waive any rights to use similar or related
ideas previously known to Sponsor, or developed by its employees, or obtained from sources other
than the entrant. Entrant agrees that Sponsor may post the Entry on the Website or any other
websites associated with the Contest, including Sponsors social media channels.
By submitting an Entry, each entrant hereby agrees to be bound by these Rules. Further, entrants
understand and agree that, at Sponsors sole discretion, Entries may be posted to the Sponsors
website or other websites associated with the Contest, including Sponsors social media channels.
Submitting an Entry constitutes entrants consent to give Sponsor a royalty-free, irrevocable,
perpetual, nonexclusive license to use, reproduce, modify, publish or create derivative works from
and display the Entry in whole or in part, on a worldwide basis, and to incorporate it into other
works, in any form, media or technology now known or later developed, including for promotional
or marketing purposes, and that Sponsor may use entrants name and likeness in connection with
the uses described herein. If requested, entrant will sign any documentation that may be required
for Sponsor or its designees to make use of the nonexclusive rights entrant is granting to use the
Entry. This license expressly includes a right (but not the obligation) for Sponsor to modify Entries to
remove any third party intellectual property or to remove Entries in their entirety.
4. How and When Winners will be chosen: Subject to any exceptions explained within these Official
Rules, there will be one (1) Prize Winner ('Winner') randomly chosen from all eligible entries
following each Entry Period for a total of nine (9) total Winners during the Promotion Period. One
(1) Prize will be awarded on each Draw Date, two (2) days following each End Date.
5. Winner Notification: If you are selected as a Winner, you will be notified on your Instagram
account via a Direct Message from @FaberCastellUSA. You must respond with your complete first
and last name, mailing address and telephone number within three (3) business days. If you do not
respond to the Direct Message of your selection as a Winner within four (4) days of the date that
the Direct Message was sent, an alternate Winner may be selected. All decisions of the Facilitator in
all matters relating to the Sweepstakes and in selecting the Winner are final and binding.
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6. Prizes: No Prize substitutions will be made by the request of a Winner unless the Sponsor, in its
sole discretion, determines to do so. Sponsor reserves the right to independently substitute a Prize
in whole or in part with another Prize of comparable or greater value for any reason in its sole
discretion. A Prize must be accepted as awarded.
There will be nine (9) total Prizes awarded one per Entry Period. The Prize will be as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.

PITT Graphite Set (Metal Tin of 19 pieces) 112973 ERV $55.20

Polychromos Artist Pastel Crayons (Box of 24 colors) 128524 ERV $76.65
PITT Artist Pen (box of 24) 167147 $97 AND 8pc. Black Wallet 167137 ERV $25.75
PITT Artist Pen (box of 24) 167147 $97 AND 8pc. Black Wallet 167137 ERV $25.75
Albrecht Durer Watercolor Pencils (tin of 36) 117536 ERV $96.75
Albrecht Durer Watercolor Pencils (tin of 36) 117536 ERV $96.75
Polychromos Color Pencils (Metal tin of 24) 110024 ERV $64.50
Polychromos Color Pencils (Metal tin of 24) 110024 ERV $64.50
PITT Monochrome Set (Metal tin of 24) 112978 ERV $58.35

The odds of winning are dependent upon the total number of eligible Entries received during the
Promotion Period.
If a Prize notification or any Prize is: 1) returned as non-deliverable, or 2) if the potential Prize
recipient is not eligible or does not comply with these Official Rules, it will result in Prize forfeiture.
7. Agreement to Official Rules: By participating in the Sweepstakes, you fully and unconditionally
agree to, accept, and are bound by these Official Rules and all decisions of the Sponsor, which are
final and binding in all matters related to the #FaberCastellAcademy Sweepstakes. The Sponsor, at
its sole discretion, will determine if an Entry complies with these Official Rules. This Sweepstakes is
subject to all applicable federal, state, and local laws. The Sponsor shall be responsible for ensuring
the Sweepstakes complies with all laws in all jurisdictions where the Sweepstakes is offered. This
Sweepstakes is void where prohibited by law. Failure to enforce any term of these Official Rules
shall not constitute a waiver of that or any other term or provision.
8. Rights Granted by you: By entering this Sweepstakes, you agree that the Sponsor and its
respective affiliates, licensees, successors and assigns will have the right to use all or a part of the
information associated with your Entry for future advertising, trade, promotion and publicity in any
manner and in any medium now known or hereafter devised throughout the world, in perpetuity,
without compensation and without notice to you and without additional consideration, review or
approval from you; AND If you are selected as a Prize Winner of this Sweepstakes, by accepting a
Prize you hereby consent and agree, where lawful, to the use by Sponsor (and its affiliates and
authorized representatives) of your name, image, likeness, hometown and biographical
information, and other indicia of persona ("Information"), for publicity, trade, advertising and
promotional purposes in all media now known or hereafter discovered and developed worldwide,
and on the internet, without additional compensation/consideration, and without the right of
review, notification or approval for five (5) years after the Draw Date, and, upon request, will
provide such Information and consent to such use in writing.
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Entrant and/or Winners affirmatively waive all claims to and shall receive no royalties of any kind
now or in the future from the Sponsor, its affiliates, licensees, successors and assigns for use of the
Entrant's Entry information and Winner's Information, in whole or in part, and Entrants and
Winners represent, warrant and agree that no other party is entitled to claim royalties from the use
of the Entry information and Information related to the Sweepstakes. Sponsor, its affiliates,
licensees, successors and assigns are in no way obligated to use or continue to use the Entry
information or Winners' Information (and have no obligation to the Entrant and/or Winner or any
other person or entity after the Entry is received). Nothing herein shall be deemed an obligation of
confidentiality.
9. Your Representations and Warranties: By entering the Sweepstakes, you represent and warrant
that: Your Entry, in its entirety, is an original submission by you and of artwork that you yourself
created, contains your personal information and not the personal information of another, and you
have not used content from a third party to contribute to your Entry without permission;
Your Entry, the use thereof by Sponsor of any of the rights granted by you under these Official
Rules, does not and will not infringe or violate any rights of any third party or entity, including,
without limitation, patent, copyright, trademark, trade secret, defamation, privacy, publicity, false
light, misappropriation, theft of identity, confidentiality, or any contractual or other rights; You have
all the rights, licenses, permissions and consents necessary to submit the Entry and to grant all of
the rights that you have granted to the Sponsor under these Official Rules.
10. General Conditions: The Sponsor has the right to verify your eligibility and compliance with
these Official Rules, and to disqualify you on the basis of the results of its investigation.
You may not enter with multiple Instagram accounts nor may you use any artwork other than
artwork that you yourself have created on your own nor may you use another person, identity,
device or artifice to do so on your behalf. If you use fraudulent Entry methods, or otherwise
attempt to participate under multiple identities, or use any other person, device or artifice to enter
during the Promotion Period, you will, at a minimum, be disqualified. In the event of a dispute as to
any Entry, in the absence of evidence of a fraudulent Entry, the authorized account holder of the
Twitter account used to enter will be deemed to be the person who made the Entry.
Nothing contained in these Official Rules shall be construed to: (i) give any party the power to direct
and control the day-to-day activities of the other; (ii) constitute the parties as partners, joint
venturers, principal and agent, employer and employee, co-owners or entrants in a joint
undertaking; or (iii) allow you to create or assume any obligation on behalf of the Sponsor. By
entering the Sweepstakes, you fully and unconditionally agree to and accept these Official Rules
and the decisions of the Sponsor, which are final and binding on all matters relating to this
Sweepstakes. The Sponsor reserves the right to cancel, modify or suspend the Sweepstakes at any
time (subject to approval of any regulatory body having jurisdiction), if it is determined that the
Sweepstakes cannot be run as originally planned or if fraud or any other occurrence comprises the
fairness or integrity of the Sweepstakes.

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11. Liability Provisions: The Sponsor is not responsible for human error, theft, destruction, or
damage to Entries or other factors beyond its reasonable control. You assume all risk of damaged,
lost, late, incomplete, invalid, incorrect or misdirected Entries. The Sponsor makes no warranty,
representation or guarantee, express or implied that your Entry was properly submitted.
The Sponsor shall not be liable to a Winner or any other person for failure to supply the Prize or any
part thereof, for reasons beyond the reasonable control of the Sponsor by reason of the Prize
becoming unavailable or impracticable to award, or for any force majeure event, technical or
equipment failure, terrorist act, labor dispute, or act/omission of any kind (whether legal or illegal),
transportation interruption, civil disturbance, or any other cause.
The Sponsor, and its employees, officers, directors, agents, contractors, representatives, affiliates,
divisions, subsidiaries, resellers, dealers, distributors, advertising/promotion agencies, and Twitter
(the "Released Parties") shall not assume any responsibility whatsoever for any of the following:
delayed, failed, partial or garbled computer transmissions; technical failures of any kind, including,
but not limited to, lost, interrupted or unavailable network, server, internet, or other connections;
the availability, accessibility, technical failure or miscommunications of computer, satellite,
telephone or cable transmissions; the incorrect or inaccurate capture or failure to capture
information whether caused by the Sweepstakes Site or Sweepstakes Site users, tampering,
hacking, or by any equipment or programming associated with or utilized in the Sweepstakes;
errors of any kind whether human, mechanical, electronic, network or otherwise arising out of or
relating to the Sweepstakes; theft, loss, destruction or damage to an Entry in whole or in part; and
other factors beyond their reasonable control. The Released Parties are not responsible for injury or
damage to your or to any other person's computer related to or resulting from participating in the
Sweepstakes or downloading materials from or use of the Sweepstakes Site or any other site.
12. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE SWEEPSTAKES OR
UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF APPLICABLE
CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE FACILITATOR RESERVES THE
RIGHT TO DISQUALIFY YOU FROM THE SWEEPSTAKES AND SEEK DAMAGES TO THE FULLEST EXTENT
OF THE LAW.
13. LIMITATIONS OF LIABILITY AND RELEASE: BY SUBMITTING AN ENTRY, YOU AGREE THAT THE
SPONSOR AND FACILITATOR AND ANY AFFILIATES AND AUTHORIZED REPRESENTATIVES AND ALL
OTHER RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED
AND HELD HARMLESS BY YOU AND YOUR HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND
ASSIGNS FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY
INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION,
DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY
OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF
THE PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF YOUR ENTRY, OR PARTICIPATION IN THIS
SWEEPSTAKES AND/OR ANY RELATED SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING,
EVERYTHING ON THE SITE AND ANY SWEEPSTAKES SITE IS PROVIDED 'AS IS' WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED
WARRANTIES, IN WHICH CASE SUCH LIMITATION OR EXCLUSION SHALL APPLY ONLY TO THE EXTENT
PERMITTED BY THE LAW IN THE RELEVANT JURISDICTION.
CHOICE OF LAW AND VENUE: These Official Rules shall be governed by and construed in
accordance with the laws of the United States of America and the State of Ohio, as applicable
herein, without reference to its conflicts of laws principles. Any and all disputes, claims, and causes
of action with the Sponsor arising out of or connected with this Sweepstakes, shall be resolved
individually, and exclusively by arbitration properly and exclusively in the Court of Common Pleas,
Cuyahoga County, Ohio, or the United States District Court, Northern District of Ohio, and the
parties expressly waive any and all rights which they may have, or which may hereafter arise, to
sweepstakes the propriety of such choice of jurisdiction and venue, or to invoke the doctrine of
Forum Non Conveniens. Any and all claims, judgments, and awards shall be limited to actual out-ofpocket costs incurred, including costs associated with participating in this Sweepstakes, but in no
event attorneys' fees. You hereby waive all rights to: (i) claim or be awarded any punitive, direct,
indirect, incidental, and consequential damages and any other damages, other than for actual outof-pocket expenses; and (ii) to have damages multiplied or otherwise increased. The parties
recognize that the provisions of this paragraph are a material factor in their decision to enter into
this Sweepstakes.
14. WINNERS LIST: To request the names of Winners, contact: Community Manager, Faber-Castell
USA at 9450 Allen Dr., Cleveland, OH 44125. Requests must be received by December 31, 2015.
15. DISCLAIMER: This Sweepstakes is in no way sponsored, endorsed or administered by, or
associated with Instagram. Any comments, questions or concerns about the Sweepstakes should be
addressed to the Sponsor.
If you have any questions or wish to send us any information regarding the #FaberCastellAcademy
Sweepstakes, please contact: c/o Community Manager, Faber-Castell USA, 9450 Allen Dr.,
Cleveland, OH 44125.
AGREEMENT BY SWEEPSTAKESANT: I understand that I am representing that I read, understand,
agree to, and will abide by these # FaberCastellAcademy Sweepstakes Official Rules by participating
in this Sweepstakes. I fully and unconditionally agree to and accept the Sweepstakes Requirements
and Official Rules, and any additional terms and conditions specific to the Sweepstakes
communicated by the Sponsor hereinabove, throughout the Promotion Period and beyond. I also
agree that the decisions of the Sponsor are final and binding in all matters relating to the
Sweepstakes.

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