Marcal

NO PURCHASE NECESSARY TO ENTER OR WIN.
MANY WILL ENTER, FEW WILL WIN.

1. DESCRIPTION: The Marcal® “Save the Trees” Drawing Contest (the “Contest”) provides contestants with the opportunity to submit an original drawing that expresses their appreciation for trees, to be judged for the prizes described below, subject to these Official Rules.

2. CONTEST DATES: The Contest entry period begins on April 1, 2009 at 12:01 am Eastern Time (“ET”), and ends on June 30, 2009 at 11:59 pm ET (the “Entry Period”).

3. ELIGIBILITY: The Contest is open to legal residents of the 48 contiguous United States and the District of Columbia. Employees, officers and directors of Marcal Manufacturing, LLC (the “Sponsor”), its parents, subsidiaries, affiliates, advertising/promotion agencies, promotional suppliers, their immediate family members (spouse, siblings, and children, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors are not eligible. Void in Alaska, Hawaii, Puerto Rico, and where prohibited by law.

4. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Further, for any entrant who is under 18 years of age or has not yet reached the age of majority in his/her jurisdiction of residence (a “Minor”), such entrant’s parent or legal guardian (“Parent”) agrees to all conditions of these Official Rules on behalf of such entrant, and further agrees to co-sign any documents required for such entrant to participate.

5. TO ENTER: During the Entry Period, visit www.MarcalSmallSteps.com (the “Website”), carefully read the complete Official Rules, and print the Official Contest Entry Form (“Entry Form”) available at the Website. Next, create an original drawing in any medium on an 8 ½” x 11” piece of paper that expresses your appreciation for trees (the “Artwork”). Refer to Section 6 below for more details regarding the requirements for your Artwork. You can submit your Entry Form and Artwork (each such submission, an “Entry”) by postal mail or email. To submit by mail, place your Entry in an envelope and mail it to the address printed on the Entry Form, to be postmarked by June 30, 2009 and received by July 7, 2009. To submit by email, scan both your Artwork and Entry Form into either .jpg or .pdf format, attach them to an email, and send your email to the email address printed on the Entry Form no later than 11:59 pm ET on June 30, 2009. Each email submission may not exceed 8mb in total size. If you are a Minor, your Parent must co-sign and submit the Entry Form along with your Artwork. You may enter as often as you wish, but each Artwork must be different, must meet all requirements and must be submitted separately. The same Artwork may only be entered in the Contest once. Incomplete or duplicate Entries will be void.

6. ARTWORK REQUIREMENTS: Entries may not contain any copyrighted elements other than elements owned by the entrant. Any elements that appear in the Artwork, including, without limitation, logos, images, or text used must be entirely original, created by the entrant, or be in the public domain. Use of any elements that are not original or in the public domain will result in disqualification of any Artwork, in the Sponsor’s sole discretion. Any text incorporated into or associated with any Artwork must be in English. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote violence. Your Artwork must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal, privacy, or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this Contest. Sponsor's determination as to whether the Artwork potentially violates the rights of any third party is final. Entries that are deemed by Sponsor in its sole discretion to be immoral, obscene, profane or not in keeping with Sponsor's image will be disqualified. Further, Sponsor reserves the right to disqualify any Entry for any reason, in their sole and absolute discretion.

7. ENTRANT’S REPRESENTATIONS: By submitting an Entry, you (and if you are a Minor, your Parent) represent and warrant that (a) you are the creator of the Artwork, (b) the Artwork is wholly original, (c) the Artwork does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (d) the Artwork has not previously been entered in any other contest, (e) the Artwork has not been previously published in any medium, and (f) prior to submission, you owned all rights to the Artwork.

8. SPONSOR’S RIGHTS TO ENTRIES: Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. By submitting an Entry, you (and if you are a Minor, your Parent) grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Artwork (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. You agree that, upon request by Sponsor, you will sign a copyright assignment (and if you are a Minor, your Parent will co-sign). By submitting an Entry, you (and if you are a Minor, your Parent) further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor, or any other person, on the grounds that any use of the Artwork, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor. Sponsor shall have no obligation (express or implied) to use any Artwork or to otherwise exploit any Artwork or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the any Artwork for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof. The use of any Artwork by Sponsor on its products or promotional materials will be determined by Sponsor in its sole discretion.

9. JUDGING/DETERMINATION OF WINNERS: On or about July 16, 2009, all eligible Artwork will be judged by a panel of judges selected by Sponsor (“Judges”) using the following criteria: (a) Communication of the “appreciation for trees” theme (30%), (b) Originality/Creativity (30%), and (c) Appeal (40%) (the “Judging Criteria”). In the event of a tie, the tie will be broken based on the highest Appeal score. Decisions of Sponsor and Judges are final and binding. Prizes will be assigned to winners based on the highest scoring Artwork, pending verification of eligibility and entrants’ continued compliance with these Official Rules.

10. PRIZES: One (1) Grand Prize: a 4 day/3 night trip for winner and three (3) guests to California’s Sequoia National Park, a year’s supply of Marcal® Small StepsTM products, and the opportunity (at Sponsor’s sole discretion) for the winner’s Artwork to be used to inspire a new design for a Marcal® brand product. Grand Prize trip consists of round trip economy air travel for winner and three (3) guests to an airport in proximity to Sequoia National Park, from the major gateway airport closest to winner’s residence (airports to be determined by Sponsor in its sole discretion); double occupancy hotel accommodations for three (3) nights; ground transportation to/from hotel, and activities selected by Sponsor. Approximate retail value (“ARV”) of the Grand Prize is $7,600.00. Actual value will vary depending upon point of departure and other contingencies. Any difference between ARV and actual costs will not be awarded. Air carrier(s) and hotel will be selected by Sponsor in its sole discretion. Travel dates may be selected by winner (subject to availability and Sponsor’s approval) and cannot be changed once booked. Travel must be completed by August 31, 2010 or prize will be forfeited in its entirety. Expenses not specified (including but not limited to meals, gratuities, and incidentals) will be winner’s sole responsibility. IMPORTANT: If winner or any guest is a Minor, such winner/guest’s Parent must also travel as one of winner’s three (3) guests. Winner and guests must travel together on the same itinerary, and will be responsible for all necessary travel authorizations and for any travel insurance as well as any travel documents required by airline. Winner or one of his/her guests must provide hotel with a major credit card issued in one of their names to cover room security and incidental expenses. Winner’s guests must complete (and if any guest is a Minor, such guest’s Parent must co-sign) a liability/publicity release prior to issuance of travel documents. If winner resides within a 200-mile radius of Sequoia National Park (as determined by Sponsor in its sole discretion), Sponsor reserves the right in its sole discretion to provide ground transportation (or a ground transportation allowance) in lieu of air transportation, with no compensation or substitution provided for any difference in prize value. The use or non-use of any Artwork by Sponsor will be determined by Sponsor in its sole discretion. There is no monetary value associated with Sponsor’s use or non-use of any Artwork.

One (1) Second Prize: a tree for the winner’s home or yard, awarded in the form of a $250 check made payable to the winner, plus a year’s supply of Marcal® Small StepsTM products, total ARV $350.

One (1) Third Prize: a $100 gift certificate to a local garden center (selected by Sponsor), plus a year’s supply of Marcal® Small StepsTM products, total ARV $200.

11. ADDITIONAL PRIZE TERMS: Year’s supply of Marcal® Small StepsTM product prizes each consist of a one-time shipment of the following items: (5) - 2 ct. facial tissue, (3) - 8 ct. paper towel, (7) - 12 ct. bath tissue, and (3) - 400 ct. napkins. Potential winners (and if a Minor, potential winner’s Parent) may be required to complete, sign and return an Affidavit of Eligibility, Liability Release, Copyright Assignment, and, where lawful, a Publicity Release. All completed documents must be returned to Sponsor within seven (7) days of notification. Any prize details not specified above will be determined by the Sponsor in its sole discretion. Any failure to timely complete and return the properly signed affidavit and releases or other prize documentation, return of any prize/prize notification as undeliverable, failure to comply with any requirement of these Official Rules, or inability of Sponsor to contact a potential winner, may result in the prize being forfeited and awarded to the entrant with the next highest scoring Entry, pending verification of eligibility. Winners are solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of prize not specified above as being included. Prizes are not transferable or refundable and must be accepted as awarded. No other substitutions may be made, except by Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Sponsor reserves the right to require additional releases or documentation it deems necessary prior to any use of a potential winner’s Artwork. Winners must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.

12. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; (b) award the prizes according to the Judging Criteria from among the eligible Artwork received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. The Sponsor 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Further, Sponsor reserves the right to not choose winners or award the prizes if it does not receive a sufficient number of eligible and qualified Entries.

13. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, you (and if you are a Minor, your Parent) agree to release and hold harmless the Sponsor, its parents, subsidiaries, affiliates, advertising/promotion agencies, promotional suppliers, and the respective officers, directors, employees, and agents of each (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) lost, late, postage-due, misdirected, or undeliverable entries or mail; (e) errors in the administration of the Contest or the processing of entries; or (f) 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 Contest or receipt of any prize. You (and if you are a Minor, your Parent) further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. You (and if you are a Minor, your Parent) hereby waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

14. INDEMNITY: You (and if you are a Minor, your Parent) agree to indemnify and hold the Released Parties 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 Released Parties due to or arising out of your Entry, or your conduct in creating an Entry or otherwise in connection with this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

15. WAIVER OF EQUITABLE RELIEF: Each entrant (and if a Minor, Entrant’s Parent) understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each entrant (and if a Minor, entrant’s Parent) also acknowledges that many designs or ideas may be competitive with, similar or identical to their Artwork. Each entrant (and if a Minor, entrant’s Parent) acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Finally, each entrant (and if a Minor, entrant’s Parent) waives the right to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Artwork.

16. PUBLICITY: By submitting an Entry, you (and if you are a Minor, your Parent) grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. 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 your name, picture, likeness, address (city and state), or biographical information.

17. DISPUTES: Except where prohibited, each entrant (and if a Minor, entrant’s Parent) agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New Jersey. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without giving effect to any choice of law or conflict of law rules (whether of the State of New Jersey or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New Jersey.

18. RULES REQUESTS: To receive a copy of these Official Rules by mail, send a self-addressed, stamped envelope to: Marcal “Save the Trees” Official Rules, PO Box 750, Southbury, CT 06488-0750. Requests must be received by September 30, 2009.

19. CONTEST RESULTS: For a list of winners, send a self-addressed stamped envelope to: Marcal “Save the Trees” Winners, PO Box 750, Southbury, CT 06488-0750. Requests must be received by September 30, 2009.