THE MIYAGI FAIR SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER, WIN OR CLAIM THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING. MANY WILL ENTER, ONLY ONE WILL WIN IN EACH SWEEPSTAKES. VOID WHERE PROHIBITED. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF WASHINGTON STATE WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. VOID OUTSIDE WASHINGTON STATE, AND WHERE PROHIBITED OR RESTRICTED BY LAW, RULE OR REGULATION.
THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND SPONSOR (DEFINED BELOW) THAT GOVERN ENTRY INTO THE SWEEPSTAKES. BY PARTICIPATING IN A SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.
The Miyagi Fair Sweepstakes (“Sweepstakes”) is sponsored by Miyagi Prefecture of Japan (“Sponsor”).
1. SWEEPSTAKES PERIOD: The sweepstakes period starts from March 2, 2022 at 12:00 a.m. Pacific Time and ending on March 15, 2022 11:59:59 p.m. Pacific Time. The Sponsor’s computer is the Sweepstakes official clock. Sweepstakes takes place on March 16, 2022.
2. ELIGIBILITY: The Contest is open only to legal residents of Washington who are eighteen (18) years of age or older with a valid Instagram account and a valid email address at the time of entry. Employees, officers and directors (including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor, Japanese Restaurant Day Project Office and each of their respective parents, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Contest are not eligible to participate or win a Prize. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void outside the state of Washington, and where prohibited or restricted by law, rule or regulation.
Participation constitutes entrant’s (and, if a minor, his/her parent’s or legal guardian’s) full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Sweepstakes.
3. HOW TO ENTER: During a Sweepstakes Period, an eligible entrant must follow the steps below to receive one (1) Sweepstakes entry (“Entry”):
i. Sign into your non-private Instagram account; and
ii. Visit at least three (3) participating restaurants, listed below, during the period and compose at least three (3) new Instagram posts, (main feed) that (a) include the hashtag #miyagifair, and (b) tag the participating restaurants you have visited. Each post shall feature a different restaurant. You must not inaccurately tag content. If the restaurant does not have a social media account, you must include the name of the restaurant in your post. By completing the above steps during a Sweepstakes Period, you will receive one (1) Entry into the Sweepstakes.
Participating restaurants:
Yoroshiku
Rondo
Tamaribar
Hannyatou
Kamonegi
Issian
Teinei
Setsuna
Sankai
LTD
Iconiq
wa’z
iii. One entry per Instagram account.
NOTE: A purchase is not required to enter or win. The content included in the Entry will not be judged or used in any way to determine a winner. By entering the Sweepstakes, the entrant hereby agrees to be bound by these Official Rules. Entries will be deemed made by the authorized account holder of the Instagram account the entry is submitted from at the time of entry. The “authorized account holder” is the person who is assigned to the Instagram account by the online service provider. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the account holder as determined by Sponsor. If the identity of the person submitting an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible. An entrant must have a non-private Instagram account to enter the Sweepstakes. If an entrant does not have a non-private Instagram account, he/she may create an Instagram account at no cost by logging on tohttps://www.instagram.com/. Creation of an Instagram account requires a contestant to agree to Instagram’s Terms of Use and Privacy Policy Due to the way Instagram operates its services, entries from users with protected or private accounts (i.e., entrant has set his/her account so that only people the entrant has approved can view his or her updates) may not be received. If an entrant enters from his/her wireless phone, the entrant’s wireless service provider may charge the entrant. Entrants should consult their wireless-service providers regarding their pricing plans. Message and data rates may apply. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram.
Entry Requirements: All Entries must comply with the following restrictions:
· Entry must contain the hashtag “#miyagifair";
. Entry must include a tag to your favorite restaurant (unless the restaurant does not have an Instagram account, in which case the entrant must include the name of the restaurant in the post);
· Entry must be an original work;
· Entry must be in English (except for commonly understood foreign words);
· Entry must comply with Instagram terms of use located at: https://help.instagram.com/581066165581870;
· Entry cannot have been published previously by any party other than the entrant;
· Entry must be suitable for publication (i.e., may not be obscene or indecent);
· Entry cannot prominently feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, unless such logos/images are from the restaurant where your purchase was made;
· Entry cannot contain copyrighted materials owned by others (including photographs, videos, sculptures, paintings and other works of art or images);
· Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without written permission from that person;
· Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
· Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
· Entry cannot describe or depict any illegal activity or violation of any state or federal law;
· Entry must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
· Entry must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to, content that promotes, suggests, or encourages:
o gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
o the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
o the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
· Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
If any Entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right to disqualify the entrant.
By participating in the Sweepstakes, an entrant understands that he or she is providing his or her information to Sponsor and not Instagram. Further, entrant specifically agrees to release Instagram from any and all liability associated with this Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram, or any of its affiliates.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS SWEEPSTAKES ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS SWEEPSTAKES. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN THE PRIZE IN THIS SWEEPSTAKES.
LIMIT: One entry per Instagram account. Any Entry that does not comply with the Content Restrictions or otherwise with these Official Rules will be void, eliminated and not eligible for consideration.
4. RANDOM DRAWING: On or about the day immediately after the conclusion of the Sweepstakes Period (i.e., on March 16, 2022), Sponsor will randomly select one (1) potential Prize winner from all eligible Entries received. A winner is considered a potential winner pending verification of his/her eligibility and compliance with these Official Rules.
5. PRIZE, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Prize: A $1,000 airline certificate that can be used toward purchasing airline tickets to Japan (“Prize”). There is one (1) Prize per Sweepstakes Period.
B. Total ARV: $1,000 USD.
C. Odds of Winning: The odds of winning a Prize depend on the number of eligible Sweepstakes Entries received during the Sweepstakes Period.
D. General Conditions: In no event will more than one Prizes be awarded per Sweepstakes. If, for any reason, more prize notifications are sent (or more claims are received) Sponsor reserves the right to award the Prize through a random drawing from among all eligible prize claims received. No prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute the Prize, with a prize of equal or greater value in case of unavailability of the Prize.
6. HOW TO CLAIM A PRIZE: The potential winner will be notified on either Instagram by a Direct Message from @washoku_day with instructions on how to claim the Prize (each, a “Notification”). The potential winner must respond to the Notification within twenty-four (24) hours or they may, at the Sponsor’s sole discretion, be disqualified. Potential Prize winner will be required to sign and return an Affidavit of Eligibility and Release (“Affidavit of Eligibility”) and any other requested documents (including tax forms and identification documents) and information within two (2) business days from the date of attempted Notification or the Prize may be forfeited in its entirety and awarded to an alternate winner, at the Sponsor’s sole and absolute discretion. The Sweepstakes Entities shall not be held responsible for any delays in awarding the Prize for any reason. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, or the winner Notification is returned as undeliverable or the potential winner fails to respond to the winner Notification within the timeframe specified in such winner Notification, or if the potential winner does not answer the initial Notification, the Prize may be forfeited, except where prohibited by law. If a Prize is forfeited for any reason (even if the disqualified potential winner may have been publicly announced), it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the Sweepstakes Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded. A winner shall be solely responsible for payment of any and all applicable federal, state, and local taxes for the Prize won. All other costs and expenses not expressly set forth herein shall be solely the winner’s responsibility. Upon receipt of the prize, the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations.
In the event a potential Prize winner is a minor, the minor’s parent or guardian will be required to sign and return an Affidavit of Eligibility on behalf of themselves and/or the minor, and any other legal documents that Sponsor may require. If Sponsor requires the potential winner to sign an Affidavit of Eligibility, the potential winner (and/or winner’s parent or guardian) must return the fully executed Affidavit of Eligibility and provide all other requested information and documents to Sponsor within two (2) business days following the date and time that Sponsor sent the Affidavit of Eligibility to the potential winner. Failure to comply with this deadline may result in forfeiture of the Prize and selection of an alternate winner. If the Prize is won by a minor, the Prize may be awarded by Sponsor in its sole discretion to or in the name of the minor’s parent or legal guardian. In its sole discretion, Sponsor may also require the potential winner to provide Sponsor with valid government-issued photo identification (or, if a minor without valid government-issued photo identification, the minor’s parent or legal guardian must provide his or her valid government-issued photo identification).
7. LIMITATION OF LIABILITY: By participating in this Sweepstakes, entrants agree that the Sweepstakes Entities, Instagram, and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each of their respective officers, directors, stockholders, employees, representatives, designees and agents, Instagram, Inc., (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Sweepstakes; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Sweepstakes and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Sweepstakes Entities are not responsible for any unanswered or undeliverable winner Notification.
By entering the Sweepstakes, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Sweepstakes; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including, but not limited to, any Sweepstakes-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Sweepstakes; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); and/or (h) the negligence or willful misconduct by entrant.
For the avoidance of doubt, by entering the Sweepstakes, you represent and warrant as follows: [a] the Entry is your own for you to win the Prize; [b] the entry does not contain any false information; [c] as of the date of entry, the Entry is not the subject of any actual or threatened litigation or claim; [d] the Entry does not and will not violate or infringe other people’s or companies’ intellectual property, privacy, publicity, or other legal rights, constitute copyright infringement, or violate Instagram’s Terms; [e] the Entry does not contain any material disparaging of the Sponsor or any other party; [f] the Entry does not contain material embodying the names, images, likeness or voices identifying another person without permission; and [g] the Entry is not abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry that Sponsor, in its sole discretion, deems to violate these Official Rules.
If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or proceed with the Sweepstakes, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension, to the extent permitted under law. In no event will more prizes be awarded than are stated in these Official Rules. In the event that, due to technical, typographical, mechanical, administrative, printing, production, computer or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner. Notice of such cancellation, termination, or modification of the Sweepstakes shall be posted at https://japaneserestauraytday.com/.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Prize consists of the Prize specifically listed herein. All costs and expenses not expressly stated in the Prize description above as being included in the Prize are the responsibility solely of the winner. Limit one Prize per family or household. Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. The Prize and the redemption thereof are subject to terms and conditions specified by Sponsor. The Prize will be shipped to the winner, unless Sponsor provides otherwise. Unless stated otherwise by Sponsor, prize will be awarded and delivered to an address within the State of Washington. P.O. Boxes will not be accepted. If any mail is returned as undeliverable without a forwarding address, then the prize may be forfeited, and an alternate winner may be selected at Sponsor’s discretion. All Prize details are at Sponsor’s sole discretion. Sponsor shall have no responsibility or obligation to a winner or potential winner who is unable to accept or utilize the Prize as described herein.
8. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF WASHINGTON without giving effect to any choice of law or conflict of law rules (whether of the State of Washington or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Washington. As a condition of participating in this Sweepstakes, participant agrees 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 by the Courts located in King County, Washington. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes). Participant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9. PUBLICITY RIGHTS: By participating in this Sweepstakes, each entrant agrees to allow the Sponsor and Sponsor’s designee the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture, voice, statements, entries, posts, account names, and other information and content provided in connection with the Sweepstakes for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, in perpetuity, without notice, review or approval and without additional compensation, except where prohibited by law, and you further agree to execute any specific consent needed or requested by Sponsor or its designees in furtherance of such use. All federal and state laws apply.
10. GENERAL: Any attempted form of participation in this Sweepstakes other than as described herein is void. Sponsor reserves the right to disqualify any entrant found or suspected, in its sole and absolute discretion, to be tampering with the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Sweepstakes. Any attempted form of participation in this Sweepstakes other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple account names (on a single social media platform), phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any Prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Sweepstakes will void any attempted participation affected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Sponsor. Each entrant may be required to show proof of being an authorized account holder.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the Prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any promotional materials (including but not limited to advertising and other promotional media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
11. WINNER LIST: For a winner list, interested individuals should mail a self-addressed stamped business envelope to: Winner List, Miyagi Fair Sweepstakes, ℅ Pike Japan, Inc. 218 Main St, #773, Kirkland, WA 98033. Winner List requests must indicate the specific Sweepstakes Period and be received no later than March 15, 2022.