Japan Giveaway Term & Conditions
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS AGREE TO ONLY PURSUE CLAIMS AGAINST SPONSOR AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
- Sponsor: Bokksu Inc., 68 Broad Street, Carlstadt, NJ 07072-2006
- Eligibility: The Bokksu Holiday Japan Ticket Sweepstakes (the “Sweepstakes”) is only open to individuals who are the greater of 18 years of age or the age of majority in place of residence, as of the date of entry, and who are legal residents of the 50 United States (and D.C.), excluding Rhode Island, and is void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of Bokksu (the "Sponsor"), their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. For purposes of this Sweepstakes, “immediate families” means parents, grandparents, children, grandchildren, and siblings. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
- WAIVER AND RELEASES: By entering, entrants (“You”) agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (c) that they may be contacted in person, by phone, social media, or by e-mail, with respect to the Sweepstakes; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person's computer related to or resulting from participation in this Sweepstakes, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize (as defined below), travel to and from any prize-related activity, participation in the Sweepstakes, or printing, mailing or distribution errors. Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.
- Entry Period: The Sweepstakes begins on 11/8/2021 at 12:01AM EST and ends on 12/31/2021 at 11:59PM EST (the "Entry Period"). Entries submitted before or after the Entry Period will not be eligible.
- How to Enter: There are two ways to enter:
- Active Bokksu Monthly Box Subscribers who were signed up for a subscription as of 11/7/2021 may receive an e-mail with the option to opt-in to enter into the Sweepstakes, or they may enter the Sweepstakes using the AMOE spelled out in #5(b). For Active Bokksu Monthly Box Subscribers, entry in the Sweepstakes will in no way impact the subscription model or pricing, see https://www.bokksu.com/products/classic-bokksu for more information on Bokksu’s subscription pricing.
- AMOE: This Sweepstakes is entirely free and does not require a subscription. Anyone meeting the eligibility criteria above may enter by (1) sharing Bokksu’s 11/8/2021 Instagram post to Your Instagram Story, and (2) commenting on the Bokksu Instagram post tagging one friend and writing why You want to visit Japan (IMPORTANT- both the shared Instagram post and the comment on Bokksu’s Instagram post must include the hashtags #SweepsEntry and #BokksuTicketGiveaway at the beginning of the post, and failure to include the hashtags on both steps is grounds for disqualification from the sweepstakes). The entry must fulfill all requirements of the Sweepstakes, as specified, to be eligible to win a prize.
Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. You must provide the information requested. Only one (1) entry per person, regardless of method of entry. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Sweepstakes, your submission may be disqualified at the sole discretion of the Sponsor. Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor. Proof of sending or posting will not be deemed to be proof of receipt.
- Prizes: One (1) winner will receive a travel voucher on Delta Airlines, United Airlines, or American Airlines with a value of $3,000 to be used on or towards two round-trip flights from the United States to Japan (by winner or by winner and a guest). Airline to be selected at the sole discretion of Sponsor (the “Prize”). Notifications will be sent to prize winner (“Winner”) via email and, for entries via social media by direct message on the Instagram platform at the account use to enter the Sweepstakes; a valid email address is required to win. Prize is void if not redeemed by 12/31/2025. Only valid for purchase of tickets made online and cannot be redeemed in person. Voucher subject to standard airline voucher terms and conditions. If lost or stolen, cannot be replaced. Void where prohibited. Not valid with any other offer. One-time use only. Not for resale; void if sold or exchanged. If the cost of a plane ticket is more than the value of the travel voucher, then the user must pay the difference. Any price difference between ticket purchased and value of the travel voucher will not be refunded. Approximate Retail Value (“ARV”): $3,000 USD. Winner and any travel guest are responsible for obtaining all necessary travel documents prior to travel. Any picture identification requirements associated with air travel are the winner’s and any travel guest’s responsibility. If purchasing tickets for a guest with travel voucher, guest of winner must be of legal age of majority in his/her jurisdiction of residence (and at least 18 years old), unless the winner is the parent or legal guardian of the guest, and guest must complete and return a publicity and liability release within ten (10) days of date of issuance except were prohibited by law. If any guests are the child or legal ward of the winner, winner must execute and return all required documents on behalf of such child or legal ward.
- The specifics of the Prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor's discretion. The prize is non-transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Winner Selection and Notification: The Winner will be selected by Random Draw under the supervision of the Sponsor. The potential winner will be notified within about seven (7) days of the winner selection through the email address provided by entrant or, for entrants who enter via the AMOE, through direct message on the Instagram platform. Upon the request of the Sponsor and except where prohibited by law, the Winner may also be required to return an Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form and IRS W-9 form. The Sponsor shall have no liability for failure of the Winner or potential winner to receive notices due to spam, junk e-mail or other security settings or for a Winner’s or potential winner’s provision of incorrect or otherwise non-functioning contact information. If the potential winner cannot be contacted, is ineligible, refuses the prize, fails to claim the prize within seven (7) days from the time the first award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected from among the remaining eligible entries through a random drawing. Odds of winning depend on the number of eligible entries received. Receipt of the prize offered in this Sweepstakes by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations and Winner signing Sponsor’s standard affidavit of eligibility/publicity release. Any violation of these official rules by the Winner at the Sponsor's sole discretion will result in the Winner's disqualification as Winner, and all privileges as Winner will be immediately terminated.
- Rights Granted by the Entrant: By entering this Sweepstakes, You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed including but not limited to the World Wide Web, at any time or times in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about or related to the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. If your entry infringes or is alleged to infringe upon the intellectual property right of another, You will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Bokksu from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Bokksu may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
- Additional Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions. The Sponsor has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
- Limitation of Liability and Release: By entering the Sweepstakes You agree to release and hold harmless Bokksu and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any and all liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) unauthorized human intervention in any part of the Sweepstakes; (iii) electronic or human error in the administration of the Sweepstakes or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; and/or (vii) lost, late, postage due, misdirected, or undeliverable mail or other communications.
- BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration before JAMS or its successor in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, all in accordance with accordance with the JAMS Streamlined Arbitration Rules and Procedure then prevailing (“JAMS Rules”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules. The arbitrator shall apply Washington law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL OF ENTRANT’S CLAIMS, JUDGMENTS AND AWARDS TO ENTRANT WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARS ($100), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- Disputes: This Sweepstakes is governed by the laws of New York, without respect to conflict of law doctrines and any matters or proceedings which are not subject to arbitration as set forth in Paragraph 12 of these Official Rules. By participating in this Sweepstakes, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the United States having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You further waive all rights to have damages multiplied or increased.
- If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect
- Acceptance of Rules: By participating in the Sweepstakes, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.
- To Receive Winner list or Official Rules: To request the name of the Winner (available after 1/7/2022) or a copy of these Official Rules, e-mail your request to email@example.com. Requests for Winner list or a copy of these Official Rules received more than thirty (30) days after the Entry Period will not be honored.