DYMO Scrapbooking contest official rules

1. Promotion Timing/Description: 
The DYMO® Scrapbooking Contest (the “Promotion”) begins at 12:01:00 a.m. Eastern Time (“ET”) on 10/1/08 & ends at 11:59:59 p.m. ET on 2/14/09 (“Promotion Period”). The Promotion is sponsored by DYMO – a Newell Rubbermaid Company, 44 Commerce Road, Stamford, CT 06902-4561 (the “Sponsor”). Entries may only be submitted online as set forth in these Official Rules. The Promotion will consist of two (2) phases, (a) an initial judging phase by a qualified panel of judges (the “Initial Judging Phase”) and (b) an online popular voting phase by consumers following the Initial Judging Phase (the “Voting Phase”). Initial Judging Phase Summary: Begins 12:01:00 a.m. ET 10/1/08 and ends at 11:59:59 p.m. ET on 12/31/08 (“Entry Period”) Entrants will submit a photo of an original scrapbook page, incorporating captions (we recommend the DYMO Caption Maker) (the “Scrapbook Page”), write an original essay of 100 words or less describing your inspiration for the scrapbook page (the “Essay”), and complete an official entry form found online at www.dymo.com (the “Entry Form”) (the photo of the Scrapbook Page, Essay and Entry Form will be referred to collectively herein as an “Entry” or “Entries”). All Entries must be received by 11:59:59 p.m. ET on 12/31/08 and will be judged based on the judging criteria set forth in Rule No. 5 below. The five highest scoring Entries will be named finalists (each known as a “Finalist”), and will go on to the Voting Phase for a chance to win the Grand Prize. Voting Phase Summary: All five (5) Finalists will be posted online at www.dymo.com (the “Promotion Website”) for consumers visiting the Promotion Website to vote for their favorite Finalist Entry. The Finalist Entry that receives the most eligible votes during the Voting Phase will be declared the Grand Prize winner, subject to verification. Voting will begin at 12:01:00 on 1/23/09 and end at 11:59:59 on 2/14/09. (“Voting Period”).

2. How To Submit an Entry: 
An official Entry Form can be found at the Promotion Website (www.dymo.com). Log on to the Promotion Website, click on the icon for the DYMO® Scrapbooking Contest, and you will be taken to the Promotion home page. Complete the Entry Form by entering your name, address, email address, date of birth and phone number, upload a photo of your Scrapbook Page, complete your Essay, and submit as instructed online. Photo must be in a jpg or gif format with a maximum file size of 1.5 MB. Scrapbook Page must include the use of captions (we recommend the DYMO® Caption Maker). All Entries must be received by 11:59:59 p.m. ET on 12/31/08. Entries that are incomplete, do not comply with these Official rules or that are received after the deadline will be disqualified. Entries become the property of the Sponsor, and will not be acknowledged or returned. Proof of submission of an Entry will not be deemed proof of receipt. If a dispute results as to the identity of an online entrant, it will be deemed made by the person named on the entry form (only one name may appear on the entry form or Entry will be disqualified).

3. Entry Requirements: 
Official Entry Form must be used for entry. Entries that are not on the Official Entry Form will not be accepted. Your Scrapbook Page, photo of Scrapbook Page, and Essay must be your own original work of authorship, executed solely by you, and may not have won any other award or have been entered in any other competition, nor may they be the subject of any past, current or threatened litigation or claims. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation. You must have the written permission of any person identifiable in your Scrapbook Page (if you are selected as a potential Finalist, you may be required to obtain a written release, provided by Sponsor, for each identifiable person – or such person’s parent/legal guardian if he/she is a minor - prior to the Voting Phase). Entry must be in keeping with Sponsor’s image and may not be offensive, obscene, libelous, pornographic, threatening, abusive or otherwise contain objectionable contest, as determined by Sponsor in its sole discretion, nor can it defame or invade the publicity rights or privacy of any person, living or dead, or otherwise infringe upon any person’s personal or proprietary rights, including but not limited to intellectual property rights. All written portions of the Entry must be in English. The right to submit or use the Entry shall not be restricted. Any entrant whose Entry includes references to third parties or contains elements not owned by entrant (such as, but not limited to, company names or trademarks) may be disqualified. Submission of an Entry grants Sponsor the right to use, publish, adapt, assign, sell, license, edit, dispose of, and/or modify such Entry in any way, in commerce and in any and all media worldwide, without limitation or compensation to the entrant. Entrant may be required to sign a release to that effect. Submission of an entry constitutes entrant’s consent to irrevocably assign and transfer to the Sponsor any and all rights, title and interest in and to the entry, including but not limited to all intellectual property rights.

4. Additional Entry Details: 
Sponsor assumes no responsibility for incorrect or inaccurate entry information, human error or technical malfunctions, inability to access the Promotion Website, failure of any computer equipment or software, or any combination thereof, or for lost, stolen, late, illegible, incomplete, garbled, or misdirected Entries. You may enter as often as you wish, but there is a limit of one (1) Entry per email address per day and you may only enter one photo of a Scrapbook Page per Entry. The same Scrapbook Page may only be submitted one time, and each Entry you submit must be substantially different. No mechanically reproduced, illegible, incoherent, unusable, unsuitable, or incomplete entries, or those that do not comply with the criteria will be accepted. Sponsor is not responsible for typographical errors, or any other errors in Entries submitted by entrants. By entering, each Entrant agrees that he/she does not have any right to bring (and he/she agrees not to bring) any claim, action or proceeding of any kind or nature whatsoever against Sponsor, Promoter, or any of their parent companies, affiliates, subsidiaries, or such parties, agents, employees, officers, directors or shareholders (the “Releasees”) in connection with this Promotion. By entering this Promotion, and/or accepting a prize, each Entrant grants the Sponsor the right to use the Entrant’s name, images, likeness, quotes, voice and biographical materials as well as the Entry for advertising, publicity, and promotional purposes, whether online or in print, except where prohibited. Entrants, Finalists and winners shall not be entitled to receive any compensation or credit for use of their identities or Entries, other than as disclosed in these Official Rules. Each Entrant hereby agrees to release, indemnify and hold the Releasees harmless from and against any and all claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.

5. Judging and Determination of Finalists: 
All Entries will be judged during the Judging Phase based on the following criteria: Creativity – 40%, Originality – 25%, Inspiration – 25%, Effective use of captioning – 10%. All criteria will apply to the Scrapbook Page, with the exception of “inspiration” which will apply to the Essay. Each Entry will be scored by a panel of qualified judges, under the supervision of Strobe Promotions, Inc. 535 So. Broadway, Suite 203, Hicksville, NY 11801 (“Promoter”), an independent judging organization. The five (5) entrants with the top-scoring Entries after the Judging Phase will be declared potential Finalists, and upon verification and completion of any requirements of Sponsor, will go on to the Voting Phase. Becoming a Finalist is subject to validation and verification of eligibility and compliance with the Official Rules. Each potential Finalist will be notified by email and/or regular mail, and will be required to submit all written releases for individuals identifiable in the photos (on the form provided by Sponsor) as well as to sign and return an Affidavit of Eligibility, Liability Release and Publicity Release (where legal). If potential Finalist is a minor in his/her state of residence, a parent/legal guardian will need to sign and return all required documentation on behalf of the potential Finalist. In the event of a tie, the Entries involved will be reviewed by an additional judge who will serve as the tiebreaker, and who will evaluate the Entries according to the criteria outlined above. In the event that a potential Finalist is not validated or verified as in compliance with the Official Rules, or fails to return all required documentation within the time frame specified by Sponsor in the notification materials, such potential Finalist will be disqualified and the next highest scoring Entrant from the Judging phase will be selected as a potential Finalist. The decisions of the judges are final and binding on all matters relating to the Judging Phase of this Promotion, and the decisions of the Sponsor are final and binding on all other matters relating to this Promotion. Finalists will be determined on or about 1/15/09.

6. Voting Phase: 
All five (5) Finalists’ Scrapbook Pages and Essays will be posted on the Promotion Website beginning at 12:01:00 a.m. on 1/23/09 and ending at 11:59:59 p.m. on 2/14/09 (the ‘Voting Period”). During the Voting Period consumers may vote for their favorite Entry submission. Votes may only be submitted online. Upon conclusion of the Voting Period, Promoter will tally the votes for each Finalist and determine the potential Grand Prize winner. The Grand Prize Winner will be the Finalist with the greatest number of valid votes. Voting is limited to one (1) vote per email address per day. Subsequent votes cast by the same person on the same day will be void. Winning is subject to validation. In the event of a tie in the Voting Phase, the Entries involved in a tie will be reviewed by an additional judge appointed by the Sponsor who will serve as the tie-breaker and who will evaluate the tied Entries according to the criteria outlined in Rule No. 5 above. Grand Prize winner will be notified on or about 2/17/09 and announced on www.dymo.com.

7. Grand Prize Winner Notification: 
The potential Grand Prize winner will be notified via the email address submitted on the Entry Form on or about 2/17/09. If notification or prize is returned as undeliverable, the potential Grand Prize winner will be disqualified and the prize may be awarded to the next highest scoring Finalist.

8. Eligibility: 
Open to legal residents of the 50 United States and the District of Columbia, age 18 or older at time of entry. Professional scrapbookers (defined as anyone who is paid for scrapbooking services or who works in a store that sells scrapbooking equipment or materials) and any other Individuals involved in the preparation of scrapbooks are not eligible. In addition, employees, directors and officers, and their immediate families (defined as spouse, parents, children, siblings, and their respective spouses, whether biological, adoptive, step or in-law), and household members, of Sponsor, its parent company, affiliates, subsidiaries, divisions, agents, advertising and promotion agencies, and Strobe Promotions, Inc., are not eligible to participate in this Promotion. Promotion is subject to all federal, state, and local laws. U.S. law governs this Promotion. Promotion is void in Puerto Rico & where prohibited, taxed or restricted by law. Sponsor reserves the right to disqualify participants who violate these Official Rules or interfere with this Promotion in any manner. Entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded, shall be resolved individually, without resort to any form of class action, and shall be governed by the laws of the state of Connecticut.

9. Prize: 
(1) Grand Prize: A DYMO Label Organization Kit featuring the LabelWriter 400 Turbo, LabelManager 210D, Picture It Postage and assorted Labels for machines. In addition, the winning entry will be featured in a full page ad appearing in national magazines, and recognition on the DYMO website. Approx. retail value (“ARV”): $250.

10. Prize Restrictions: 
Prize is non-transferable; no substitutions or cash redemptions allowed except by Sponsor due to unavailability, in which case substitution will be of equal or greater value. All applicable taxes and any other costs not specifically stated herein are responsibility of the winner. If advertised prize becomes unavailable, Sponsor may substitute a prize of equal or greater value. Any and all guarantees and warranties of merchandise prizes are subject to the manufacturers’ terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim.

11. Conditions of Participation: 
Entrants release and hold harmless all Releasees from any claims, actions, injury, loss or damage of any kind, including but not limited to, personal injury or death, resulting from participating in this Promotion or from the acceptance, possession, use or misuse of any prize awarded or participation in any prize-related activity.

12. Additional Terms and Restrictions: 
Finalists will be determined and the Grand Prize awarded provided there are a sufficient number of eligible Entries received. Caution: Any attempt by an entrant or any other individual to deliberately damage any online service or website, tamper with the voting process, or otherwise undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Entries not complying with all rules are subject to disqualification. No correspondence regarding Entries will be entered into with entrants other than the five (5) potential Finalists.

13. Internet: 
If for any reason this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, or due to any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity, equipment failure, including overloading of a website due to excessive use, threatened terrorist act(s), terrorist act(s), air raid(s), blackout(s), act(s) of public enemy, earthquake(s), war(s) (declared or undeclared), fire(s), flood(s), epidemic(s), explosion(s), unusually severe weather, hurricane(s), embargo(s), labor dispute(s) or strike(s) (whether legal or illegal), labor or material shortage(s), transportation interruption(s) of any kind, work slow-down(s), civil disturbance(s), insurrection(s), riot(s), or any other similar or dissimilar cause(s) beyond Sponsors' sole and reasonable control, then the Sponsor reserves the right at Sponsor’s sole discretion, to void any Entries at issue, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Promotion in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible entries received as of this termination date. Releasees assume no responsibility for incorrect or inaccurate transcription of Entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, delay in operation or transmission, line failures of any kind including computer equipment, software, inability to access any online service or web site, inability to submit the online registration form, or any other error or malfunction, or for destruction or unauthorized access to, or alteration of, entries, or for late, lost, stolen, illegible or misdirected entries. Promotion materials that have been tampered with or altered are void. Releasees are not responsible for any problems or technical malfunction of any servers, or providers failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion or downloading any materials in this Promotion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate the rules or interfere with this Promotion in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant’s eligibility to participate in the Promotion. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.

14. Winners List: 
For the name of the Grand Prize winner, available after 2/20/09, send a self-addressed stamped envelope by 4/20/09 to: DYMO Scrapbooking Contest Winner, PO Box 913, Bethpage, NY 11714-0913.