1. Eligibility

 Koh-I-Noor’s Nominate a Teacher Give-Away (the “Give-Away”) is open to legal residents of the United States and its territories, and international entrants who are eighteen (18) years of age or older. Void where prohibited by law. The Give-Away is subject to all applicable federal, state, provincial, and local laws and regulations. Participation in the Give Away constitutes the entrant’s full and unconditional agreement to these Official Rules and Chartpak’s decisions, which are final and binding in all matters related to the Give-Away. Winning a prize is contingent upon fulfilling all requirements set forth herein.

 

2. Sponsor

Koh-I-Noor USA is a brand of Chartpak, Inc. Chartpak, Inc., located at 1 River Road, Leeds, MA 01053 is the sponsor of the Give-Away. 

 

3. Timing

This Give Away begins at 12:00 A.M. EST on May 3, 2021, and ends at 11:59 P.M. EST on May 15, 2021.  

The nominator and teacher who win the  Give-Away Prize will be announced on March 6, 2021, via Instagram @kohinoorusa

 

4. How to Enter 

To enter you and the teacher you nominate must have an account on instagram.com Follow us @kohinoorusa and respond to our Give Away post by tagging the teacher you nominate to win our Grand Prize.  Chartpak is not responsible for lost, late, ineligible, or incomplete Submissions or Submissions not received for any reason. 

 

5. Submission Requirements

Each Submission must meet all of the following requirements or it will be disqualified:

• Submission is made during the time frame of 12:00 A.M. EST on May 3, 2021, and ends at 11:59 P.M. EST on May 15, 2021.

• The entrant and the person whom the entrant is nominating has an Instagram account

• The entrant is nominating their teacher of choice by using the @ symbol followed by the nominee’s Instagram username to mention their account

 

There is a limit of one (1) Submission per entrant. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder used to submit to the Give-Away will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the Instagram account and username. Potential winners may be required to show proof of being the authorized account holder.

 

6. Terms of Submission

As conditions of entry into this Give-Away, and by submitting a nominee, each entrant:

• Agrees to indemnify and hold Chartpak, Inc. and its affiliates, officers, directors, agents, co-branders or other partners, and any of their respective employees (collectively, the “Give Away Indemnitees”), 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 the Give-Away Indemnitees due to or arising out of the Submission, or the entrant’s unreasonable or negligent conduct during and in connection with this Give-Away, including but not limited to the Submission, or infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation.

• Agrees to release, indemnify and hold harmless the Give-Away Indemnitees from any and all claims that any commercial, advertising, presentation, web content, or any other material subsequently produced, presented, and/or prepared by or on behalf of Chartpak infringes on the rights of entrant’s work as contained in any Submission.

 

7. Qualification Process for Entry

All Submissions will be viewed and monitored by Chartpak, Inc. staff for appropriate content to qualify for entry into the Give-Away. After approval, the Submission will be placed into a pool of names to be selected at random.

 

8. POTENTIAL GIVE-AWAY WINNER IS SUBJECT TO VERIFICATION BY CHARTPAK, INC. WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVE-AWAY.

 

9. Procedures and Verification of Potential Winner

Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winners will be notified by Direct Message within Instagram (DM) after the Give-Away Entry Dates have ended. The potential winners will be required to sign into their accounts and respond to the DM announcing their win, and return to Koh-I-Noor USA’s message a response that they have accepted the win within three (3) days of the date of notice. In order to claim their prizes, a mailing name and non-post office box address must be sent upon request. If a potential winner of any prize cannot be contacted or fails to reply to a DM within the required time period, or if the prize or prize notification is returned as undeliverable, the potential winner forfeits such prize. In the event that a potential winner of a Give-Away prize is disqualified or forfeits for any reason, Chartpak, Inc. may award the applicable prize to an alternate winner.

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10. Prizes

Nominated Teacher Prize: One (1) Koh-I-Noor Polycolor Pencil Class Pack ($200.85 USD retail value).

 

Entrant Prize: One (1) 24 Piece Koh-I-Noor Polycolor Pencil Set and a 7x10 Colored Pencil Pad of Paper ($79.90 USD retail value).

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For all Prizes: Winners are responsible for all taxes and fees associated with prize receipt and/or use. Federal, state, provincial and/or local taxes are the responsibility of the winner. The determination of liability for any federal, state, provincial and/or local taxes that may arise out of the entrant’s participation in the Give-Away (including the entrant’s receipt of any prizes), and the payment of any such tax liability, shall be the sole responsibility of the entrant. However, should federal, state, provincial and/or local law impose any tax reporting or filing obligations on Chartpak, Inc. arising out of the entrant’s participation in the Give-Away (including the entrant’s receipt of any prizes), the entrant agrees to timely provide Chartpak, Inc. with any information that is reasonably necessary for Chartpak, Inc. to comply with any such reporting or filing obligations. In addition, should federal, state, provincial or local law impose any tax withholding obligation on Chartpak, Inc. with respect to entrant’s receipt of any prizes, the entrant agrees to such withholding and shall timely provide any information to Chartpak, Inc. as may be required for Chartpak, Inc. to accomplish such withholding.  Winner will be issued an IRS 1099-MISC tax form for the approximate retail value of the prize won if the law requires Chartpak, Inc. to issue the same.

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11. Entry Conditions and Release

By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Chartpak, Inc. and/or the Give Away which are binding and final in all matters relating to this Give Away; (b) release and hold harmless Chartpak, Inc. and any and all of its parents, subsidiaries, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Give Away, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant’s Submission, the creation of a Submission or submission of a Submission, participation in the Give Away, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of the Submission; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Give Away and/or entrant’s acceptance, use or misuse of prize.

 

12. Publicity

Except where prohibited, participation in the Give Away constitutes winner’s consent, as the winner of the Give-Away, to allow Chartpak, Inc. and/or its agents to use winner’s entry for promotional purposes in any media, worldwide, without further payment or consideration.

 

13. General Conditions

Chartpak, Inc. reserves the right to cancel, suspend and/or modify the Give-Away, or any part of it, if any fraud, technical failures or any other factor beyond Chartpak, Inc.’s reasonable control impairs the integrity or proper functioning of the Give-Away, as determined by Chartpak, Inc. in its sole discretion. Chartpak, Inc. reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Give-Away or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Give-Away may be a violation of criminal and civil law, and, should such an attempt be made, Chartpak, Inc. reserves the right to seek damages from any such person to the fullest extent permitted by law. Chartpak, Inc.’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

 

14.     Limitations of Liability

The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors, or by any of the equipment or programming associated with or utilized in the Give-Away; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Give-Away; (4) technical or human error which may occur in the administration of the Give-Away or the processing of Submissions; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Give-Away or receipt or use or misuse of any prize. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another Submission in the Give-Away. No more than the stated number of prizes will be awarded.

 

15. Disputes

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Give Away,  shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Give Away, or any prizes awarded, shall be resolved exclusively by the United States Southern District of New York Court or the appropriate New York State Court located in New York County, New York; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Give-Away, but in no event attorneys’ fees; and (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Chartpak, Inc. in connection with the Give-Away, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

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16. Entrant’s Personal Information

Information collected from entrants is subject to use by the Sponsor, which may be used for marketing and/or communication activities.  The Sponsor shall not sell nor make public personal contact information. 

 

17. Give Away Results

Give Away winners will be posted on the @kohinoorusa Instagram Account. For name of Winner(s), available monthly after each Give Away cycle ends, send a request by email to: marketing [at] chartpak.com.  DO NOT SEND ANY OTHER CORRESPONDENCE OR ENTRIES TO THIS EMAIL ADDRESS.