PLEASE READ THESE TERMS CAREFULLY. BY PARTICIPATING IN THE PRANG POWER PROGRAM (E.G., BY SUBMITTING ANY FORMS OR UPC CODES TO THE DIXON TICONDEROGA COMPANY (“DIXON”)), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PARTICIPATE IN THE PRANG POWER PROGRAM.
1. Eligible organizations (as defined below) may participate in the Prang Power Program and submit UPC codes for Prang Power Points on the forms prescribed from time to time by Dixon Ticonderoga Company (“Dixon”). “Eligible Organizations” shall mean public and private schools and organizations offering an education program for youth that are located in the 50 United States, District of Columbia or Puerto Rico, and any school located on any U.S. military installation, regardless of location.
2. UPC codes from any Prang, Dixon and Ticonderoga products are redeemable only for Prang Power Points in the Prang Power Program. UPC codes and/or Prang Power Points may not be redeemed for cash. By submitting UPC codes to Dixon, Eligible Organizations accept and agree to be bound by this Agreement and consent to the use of their names and/or photographs for advertising purposes without compensation, unless prohibited by law. Proof of eligibility and compliance with these rules may be required. Participants may be required to complete and return an affidavit of eligibility and a liability release.
3. UPC codes submitted to Dixon by an eligible organization will be accepted by Dixon, the Prang Power administrator or their designees, in their sole discretion, and such UPC codes will not be returned. UPC codes that have not been obtained from actual product packages and any UPC codes not obtained legitimately shall be void and shall not earn Prang Power Points. Dixon or its designee will make such determinations in its sole discretion. No facsimiles, mechanically reproduced or seriously damaged or contaminated UPC codes will be accepted. All materials submitted to Dixon become the property of Dixon and will not be returned. Dixon is not responsible for lost, late, stolen, seriously damaged or misdirected mail, submissions, deliveries or correspondence. Any Eligible Organizations found to be violating these Terms and Conditions may be ruled ineligible to participate in the Prang Power Program.
4. UPC codes must be sent to Dixon for redemption according to the instructions in this program guide and pursuant to this Agreement. Proof of mailing by the eligible organization shall not be proof that Dixon received such mailing. At least 300 Prang Power Points must be redeemed in a single order. 300 Prang Power Points are needed to begin redeeming. Multiple orders may be submitted. All UPC codes submitted will retain their value throughout the life of the Prang Power Program and will not expire from one school year to the next. Dixon has the right to discontinue the Prang Power Program at any time with no notice to the participants.
5. Prang Power Points may be used only to order Prang or Ticonderoga items listed in the Prang Power online product catalog at the designated quantities and point values specified. The number of Prang Power Points required to order products included in the catalog is subject to change at Dixon’s sole discretion. Dixon is not responsible for product description or printing errors in the catalog.
6. Dixon will not accept any special orders, substitutions, cash payments or requests to break up sets. Products are not transferable and no substitutions will be permitted, except by Dixon due to unavailability of products.
7. RELEASE. By participating in the Prang Power Program (e.g., by submitting UPC codes and/or program forms to Dixon), the eligible organization and its officers, directors, employees, agent and affiliates (collectively, the “Releasor”) hereby releases Dixon, its officers, directors, employees, subsidiaries, affiliates, agents and representatives (and their officers, directors, employees and agents) (collectively, the “Released Parties”) from any and all actions, causes of action, suits, out-of-pocket expenses, claims, losses, demands and damages whatsoever, in law or equity, which the Releasor may have, now or in the future, against the Released Parties, as a result of or arising out of the Releasor’s participation in the Prang Power Program or the Releasor’s acceptance or use of any products hereunder.
8. Payment of taxes, if any, on the products ordered is the eligible organization’s responsibility. Eligible Organizations are responsible for all expenses ancillary to and associated with products ordered. Dixon, the Prang Power administrator or their designees reserve the right to substitute products of the same or greater value for products that are discontinued or become unavailable during the course of the program.
9. This program is void where restricted or prohibited by law.
10. Please allow approximately 4-6 weeks from order date for delivery of your products. Products can only be ordered by and will only be shipped to the eligible organization whose name is listed on the merchandise order form.
11. Any concerns or complaints must be made in writing and sent to the address in Paragraph 12 of these Prang Power Program Terms and Conditions. Claims for non-receipt of merchandise must be made in writing within 90 days of the date of the order in question to the address in Paragraph 12 of these Terms and Conditions.
12. All correspondence and questions pertaining to this program should be directed to:
Prang Power Program
615 Crescent Executive Court, Suite 500
Lake Mary, FL 32746
Telephone: Toll-free (866) 632-7304