BIC ReVolution 2021 Back to school Sweepstakes Official Rules

BIC® ReVolution™ Earth Day Sweepstakes Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU MUST BE TWENTY-ONE (21) YEARS OF AGE OR OLDER TO ENTER FOR A CHANCE TO WIN. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. Eligibility: BIC® ReVolution™ 2021 Back to School Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia and who are twenty-one (21) years of age or older at the time of Submission (defined below) (hereinafter "Eligible Participant(s)"). Employees, officers and directors of BIC USA INC. and their respective parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and same household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes Eligible Participant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning prize(s) is contingent upon fulfilling all requirements set forth herein.

2. Sponsor & Administrator: Sponsor: BIC USA INC., One BIC Way Suite 1, Shelton, CT 06484 Administrator: Source Marketing, LLC d.b.a. Doner CX, 101 Merritt 7 2nd Floor, Norwalk, CT 06851

3. Timing: The Sweepstakes begins on August 25, 2021 at the time of the Instagram social post and will end on August 27, 2021 at 11:59:59 PM ET (the "Promotion Period").

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC.

See Section 11 for Data Collection and Privacy information.

4. How to Enter: Post a comment per the guidelines on the BIC Revolution 2021 Back to School post on the @targetdoesitagain Instagram account before the end of the Promotion Period with how you try to help the environment when school starts and tag a friend’s Instagram account who also tries to help the environment (collectively the “Submission”). Limit one (1) Submission (defined below) per person/household/family/Instagram account per day throughout the Promotion Period. Responses to Sponsor’s post @targetdoesitagain must be consistent with the message theme; failure to do so may result in such comment/Submission being void.

All Submissions must be in keeping with the Sponsor’s image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity’s intellectual property, personal or proprietary rights, as determined by Sponsor in its sole discretion.

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO REMOVE ANY SUBMISSION POSTED @TARGETDOESITAGAIN THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THIS SWEEPSTAKES. IF ENTRY IS REMOVED BY SPONSOR, SUBMISSION IS AUTOMATICALLY DISQUALIFIED.

SUBMISSIONS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE SWEEPSTAKES PARTICIPANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST PHOTOS/VIDEOS AND DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SAME. SPONSOR WILL NOT EDIT OR MODIFY SUBMISSIONS POSTED FOR THE SWEEPSTAKES IN CONJUNCTION WITH THE ADMINISTRATION OF THE SWEEPSTAKES.

To participate, you must have an Instagram account for at least thirty (30) days after the Sweepstakes ends to be eligible to win/claim a prize for notification purposes. Creating an account is free, but you must comply with the terms and conditions of use for the social media platform: Instagram (http://instagram.com/legal/terms/). Your account settings must be set to "unprotected" and/or "public" for your posts/tweets to be viewable by Sponsor and its Administrator. If you post updates to or receive updates via SMS from your wireless device, message and data rates may apply. Please consult your wireless-service provider regarding its pricing plans before participating in the Sweepstakes. Using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

Regramming or sharing the post does not constitute a valid Submission. Sponsor reserves the right to assess Submissions for validity and disqualify invalid Submissions.

Participants are not permitted to share the same Instagram account. Any attempt by any participant to obtain more than the stated number of Submissions by using multiple/different Instagram accounts, identities, registrations and logins, or any other methods will be void and participant may be disqualified. Use of any automated system or third-party service to participate is prohibited and will result in disqualification. Sponsor may acknowledge receipt of Submissions, including by re-posting a Submission. Should Sponsor elect to do so, such acknowledgment merely indicates that a given Submission has been received and does not constitute any representation that such Submission constitutes an eligible entry in the Sweepstakes or that it has been selected as a potential prize winner in the Sweepstakes. In the event of a dispute as to any Submission, the authorized account holder of the Instagram account used to post the Submission will be deemed to be the Eligible Participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses used to create the Instagram account. Each potential winner may be required to show proof of being an authorized account holder.

5. Sponsor’s Rights in Submissions: Posting a Submission constitutes your consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submission 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, all without further notice or any compensation to the participant. Such grant of rights is subject to those rights retained by Instagram, as applicable, as the operator of a social media platform. Participants of this Sweepstakes further waives any “Moral Rights of Authors” or similar natural rights of ownership he/she may have in the Submission. If requested and without compensation, Eligible Participants will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights the participant is granting to use the Submission. Participants in this Sweepstakes also understand and agree that (I) Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) the participant’s Submission and that Sponsor shall have no liability to participant or any third party in conjunction therewith; and (II) Sponsor and Administrator do not have any duty of confidentiality or other fiduciary duty to participants of tis Sweepstakes relative to his/her Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete (including but not limited to omission of prescribed hashtags), invalid, un-intelligible, inaccessible/blocked, garbled, delayed or misdirected Submissions; all of which will be void. All Submissions must be received by August 27, 2021 at 11:59:59 PM ET.

6. Prize Winner Determination/Notification & Odds of Winning: the owner or administrator of the @targetdoesitagain Instagram account will randomly select three (3) potential winners from among all eligible Submissions received during the Promotion Period on or about August 30, 2021. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to this Sweepstakes. The random drawing will be conducted by the owner or administrator of the @targetdoesitagain Instagram account. Odds of winning a prize depend on the number of eligible Submissions received. For the avoidance of doubt, provided that the content of a Submission is in compliance with these Official Rules, including but not limited to Section 4 above, such content will NOT be taken into account in the winner selection procedure, each potential winner will be notified by the @targetdoesitagain Instagram account via Direct Message on Instagram. IT IS THE SOLE RESPONSIBILTY OF THE ELIGIBLE PARTICIPANT TO ASSURE THAT HIS/HER PRIVACY SETTINGS ARE CONFIGURED SUCH THAT HE/SHE MAY BE CONTACTED BY ADMINISTRATOR VIA DIRECT MESSAGE ON INSTAGRAM, AS APPLICABLE. Each potential winner will be required to provide his/her name, mailing address (no P.O. Boxes permitted), email address, and date of birth to confirm eligibility and for prize fulfillment purposes within five (5) days of the date of notification or attempted notice is sent into in order to claim the prize. If a potential winner of any prize cannot be contacted or fails to sign and return the Declaration of Compliance or Affidavit, Liability and Publicity Release or provide any other requested information within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason or found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, fails timely to respond to the notification, if the notification that the Administrator sends is returned as undeliverable, or the potential winner is otherwise unreachable for any reason for a period of three (3) business days following the attempted notification, the prize will be forfeited. If the prize is forfeited, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible Submissions received. At least three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 4 to 6 weeks after the conclusion of the Sweepstakes.

7. Prizes: From among all eligible Submissions received, the following prizes will be awarded by random drawing:

THREE (3) PRIZE WINNERS:

Three (3) prize winners will be awarded each a prize pack that includes the following items:

Prize Item ARV
BIC ReVolution Correction Tape 2ct $3.59
BIC ReVolution Mechanical Pencil 12ct $3.99
BIC ReVolution Stic Pen 10ct $1.69
BIC ReVolution Permanent Marker 12ct $9.99
BIC ReVolution Ocean Ballpoint Pen 4ct $3.99
BIC ReVolution Retractable Pen 10ct $6.29
Target Gift Card $200.00

AVERAGE RETAIL VALUE (“ARV”) FOR EACH PRIZE PACK IS: $229.54.

TOTAL ARV FOR ALL PRIZES: $688.62.

For all Prizes: Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Prizes are not redeemable or exchangeable for cash. Gift card is subject to terms and conditions specified thereon. Restrictions may apply. Winners are solely responsible for all taxes and fees associated with prize receipt and/or use. Limit one (1) prize per person/household/family/Instagram account.

8. Publicity: Except where prohibited, participation in the Sweepstakes and acceptance of prize(s) constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, Submission, photograph (including, without limitation, winner's Instagram profile photo, as applicable), voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

9. Release and Limitations of Liability: ELIGIBLE PARTICIPANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, INSTAGRAM, AND TARGET AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES AND INSTAGRAM, LLC. AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND SHAREHOLDERS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THE SWEEPSTAKES OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF THE PRIZE AWARDED OR FROM PARTICIPATING IN ANY SWEEPSTAKES RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. ELIGIBLE PARTICIPANTS AGREE THAT RELEASED PARTIES HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR THE PRIZE AWARDED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RELEASED PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PROMOTIONAL WEB SITE AND RELEASED PARTIES SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. Released Parties are not responsible for any alert or notification failure resulting in an ability to claim the prize. Released Parties are not responsible for lost, late, incomplete, illegible, inaccurate, delayed, garbled, damaged, stolen or misdirected Submissions, or problems of any kind, whether mechanical, human or electronic. Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website, inability to enter a Submission, or fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of Submission information, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of Submissions which may damage a user’s system or limit an Eligible Participant’s ability to participate in the Sweepstakes. Released Parties are not responsible for late, lost, incomplete, illegible, damaged or misdirected Submissions or mail. Submissions that have been tampered with or altered are void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness, integrity or proper play, or Submissions, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right at its sole discretion to cancel or terminate the Sweepstakes and, if canceled or terminated, at its discretion, select the potential winner for the Promotion Period in a random drawing from among all eligible, non-suspect Submissions received for the Promotion Period prior to action taken. Notice of such action by Sponsor will be posted at https://us.bic.com/en_us/earth-day-promotion-rules CAUTION: ANY ATTEMPT BY AN ELIGIBLE PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THE SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term or any other provision. Sponsor reserves the right to disqualify any Eligible Participant who violates the rules or interferes with the Sweepstakes in any manner. If an Eligible Participant is disqualified, Sponsor reserves the right to terminate such Eligible Participant’s eligibility to participate in the Sweepstakes. Any attempt by an individual to access any website associated with the Sweepstakes via a bot script or other brute force attack or any other unauthorized means will result in that individual’s IP address becoming ineligible. Use of automated entry devices or programs is prohibited.

10. Disputes: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Connecticut, without giving effect to any choice of law or conflict of law rules (whether of the State of Connecticut or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Connecticut.

11. Data Collection and Privacy: Information collected is subject to Sponsor’s Privacy Policy located at: https://www.shopbic.com/privacy-policy

12. Winners List: For a list of winners, send a request by September 30, 2021 to: Doner CX, c/o BIC ReVolution 2021 Back to school Sweepstakes, 101 Merritt 7, 2nd Floor, Norwalk, CT 06851.

©2021 BIC USA INC.