Contest Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Haiku Contest (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are the age of majority in their jurisdiction at the time of entry. Employees of Haikyu LLC as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’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 a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Haikyu LLC, 307 Canal St. New York, NY 10013
3. Timing: The Sweepstakes begins on February 10, 2011 4:00:00 PM. Eastern Time ("ET") and ends on February 14, 2011 12:00:00 AM. ET (the "Promotion Period").
Entry Period
Start Date
February 10, 2011 4:00:00 PM
End Date
February 14, 2011 12:00:00 AM
4. How to Enter: During the Promotion Period, visit www.haikyu.com and submit a Haiku.
By submitting a Haiku, you agree that it conforms to the Guidelines and Content Restrictions defined below (collectively, the "Guidelines and Restrictions"). Sponsor, in its sole discretion, may remove your Haiku and disqualify you from the Sweepstakes if it believes, in its sole discretion, that your Haiku fails to conform to the Guidelines and Restrictions.
Guidelines:
The Haiku must be in English;
The Haiku must conform to the 3 line, 5,7,5 syllable structure;
The Haiku must not have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions:
The Haiku must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Haiku must not contain brand names or trademarks, except for Sponsor's trademark for which entrant has a limited license to use for the sole purposes of creating and uploading a Haiku in this Sweepstakes;
The Haiku must not contain material not created by entrant;
The Haiku must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Haiku must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Haiku must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where it was created.
For all Haikus: Uploading a Haiku constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Haiku 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. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Haiku and Photo. Sponsor is not responsible for lost, late, incomplete, invalid, un-intelligible or misdirected Haikus, which are disqualified.
5. Drawings: Winner will be chosen based on total accrued votes. If a potential winner cannot be contacted, or prize is returned as undeliverable, potential winner forfeits the prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner of the Grand Prize is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner with second most votes from among all remaining eligible entries from the applicable Entry Period. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Unclaimed Second and Third Prizes will not be awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Promotion Period.
6. Prizes: ONE (1) GRAND PRIZE of a $30 Fandango gift certificate.
7. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, Haikyu LLC, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, prize, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. 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 Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any 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 Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
12. Entrant's Personal Information: Information collected from entrants will be used to process entrant requests, as described in these Official Rules, as described in Sponsor’s Privacy Policy, http://haikyu.com/legal/privacy and the names of major prize winners will be included in a publicly-distributed Winner List.
13. Winner List: Requests for a list of major prize winners will only be accepted after the promotion end date (listed above) and no later than December 17, 2010. For the Winner List, send an email with subject line: "Haiku Contest," to info@haikyu.com.
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