NATORI COMPANY RULES (“Official Rules”)
GIRL BLOG GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
1) GENERAL. By entering this Promotion, entrants accept
and agree to be bound by these Official Rules. Any violation of these rules may,
at Natori’s discretion, result in disqualification. All decisions of the judges
regarding this Promotion are final and binding in all respects.
2) ELIGIBILITY. This sweepstakes (the “Promotion”) is only open
to legal residents of the 50 United States and District of Columbia who are at
least 18 years old as of the date of entry, excluding officers, directors,
members, licensees, and employees of THE NATORI COMPANY, INC. (“Natori”) and
their respective subsidiaries, divisions, affiliates, suppliers, distributors,
the judging organization (if applicable), or any other party associated with
the development or administration of this Promotion, and the immediate family
(i.e., parents, children, siblings, spouse), and persons residing in the same
household (whether related or not) who are not eligible to participate or win.
This Promotion is void outside the 50 United States and the District of Columbia,
and where prohibited by law.
3) HOW TO ENTER. Visit http://www.josiegirlblog.com
and subscribe to The Josie Girl Blog (“Blog”) by entering
your unique E-Mail Address (“E-Mail Address”) in the upper right corner, and
verifying your subscription by clicking the activation link in the e-mail sent
to the E-Mail Address, (the “Entry”). One entry allowed per day.
Use of computer programs and other automatic
means to enter the sweepstakes is prohibited and will result in
disqualification. Any attempt by any entrant to obtain more than the stated
number of entries by using multiple/different email addresses, identities,
registrations and logins, or any other methods will void such entries and that
entrant may be disqualified.
4) TIMING. The promotion begins on October 26, 2012 and continues
until November 2, 2012. Any potential winner will be notified by
email. If a potential winner: (i) cannot be contacted; (ii) does not respond
within seven (7) days from the date the Natori first tries to notify him/her;
(iii) fails to return the Affidavit (as defined in Section 6); (iv) refuses the
prize; and/or (v) the prize or prize notification is returned as undeliverable,
such potential winner forfeits all rights to win the Promotion or receive the
prize, and an alternate potential winner may be selected. Upon contacting a
potential winner and determining that he/she has met all eligibility
requirements of the Promotion, including without limitation the execution of
required waivers, publicity and liability releases and disclaimers, such
individual will be declared the “winner” of the Promotion.
5) PRIZE DESCRIPTION. The winner will receive one (1) $100 gift certificate to Flywheel. Approximate retail value is $100.00, as per http://new-york.flywheelsports.com/gift-certificates
6) PRIZE WINNER VERIFICATION AND PRIZE DELIVERY:
The winner will be notified by email using the contact
information provided upon registration and associated with their winning Entry.
Each Prize winner may be required to sign an affidavit of eligibility and
liability release, and/or IRS Form W-9, and, where permitted, a publicity
release (collectively, “Affidavit”) prior to delivery of the Prize. If a
potential winner does not respond within seven (7) days of the first winner
notification attempt, or if their Prize notification or Prize is returned as undeliverable
or unclaimed, or if such potential winner’s Affidavit is not returned within
seven (7) days after it was mailed to winner, or if such potential winner
declines a prize for any reason prior to award, is found to be ineligible or
cannot or does not comply with these Official Rules, such potential winner may
be subject to disqualification, their prize subject to forfeiture, and an
alternate winner may be selected in a random drawing from all remaining
eligible Entries received. A Prize winner may be issued an IRS Form 1099 for
the ARV of the Prize(s) awarded in this Sweepstakes.
7) TAXES. All federal, state and/or local income and other taxes, if
any, are the winner’s sole responsibility.
8) ODDS OF WINNING. The odds of winning this Promotion depend on the number of entrants.
9) NO PRIZE TRANSFER OR SUBSTITUTION. No prize
or any portion thereof is transferable or redeemable for cash. Any portion of
the prize that is not used is forfeited. No substitutions for prize except by Natori
in its sole discretion, in which case a prize of equal or greater value will be
10) CONSENT AND RELEASE. By entering the Promotion, each
entrant releases and discharges Natori, and any other party associated with the
development or administration of this Promotion, their parent, subsidiaries,
retailers, licensees, and affiliated entities, and each of their respective
officers, directors, members, shareholders, employees, independent contractors,
agents, representatives, successors and assigns (collectively, “Natori
Entities”), from any and all liability whatsoever in connection with this
Promotion, including without limitation legal claims, costs, injuries, losses
or damages, demands or actions of any kind (including without limitation
personal injuries, death, damage to, loss or destruction of property, rights of
publicity or privacy, defamation, or portrayal in a false light) (collectively,
“Claims”). Except where prohibited: (i) acceptance of a prize
constitutes the consent of any winner, without further compensation, to use the
name and likeness of such winner for editorial, advertising and publicity
purposes by the Natori and/or others authorized by the Natori; (ii) acceptance
of a prize constitutes a release by any winner of the Natori Entities of any
and all Claims in connection with the administration of this Promotion and the
use, misuse, or possession of any prize. If winner is deemed to be a minor
under the jurisdiction of his/her residence, the prize will be awarded in the
name of his/her parent or legal guardian.
11) DISCLAIMERS. (i) Natori is not responsible for entries that are lost,
late, misdirected, incorrect, garbled, or incompletely received, for any
reason, including by reason of hardware, software, browser, or network failure,
malfunction, congestion, or incompatibility at Natori’s servers or elsewhere.
In the event of a dispute, entries will be deemed submitted by the authorized
account holder of the e-mail address submitted at the time of entry.
“Authorized account holder” is defined as the natural person who is
assigned to an e-mail address by an Internet Access Provider, online service
provider, or other organization (e.g., business, educational institute) that is
responsible for assigning e-mail addresses for the domain associated with the
submitted e-mail address. (ii) Natori, in its sole discretion, reserves the
right to disqualify any person tampering with the entry process or the
operation of the web site or otherwise attempting to undermine the legitimate
operation of the Promotion. Use of bots or other automated process to enter is
prohibited and may result in disqualification at the sole discretion of Natori.
(iii) Natori further reserves the right to cancel, terminate or modify the
Promotion if it is not capable of completion as planned, including by reason of
infection by computer virus, bugs, tampering, unauthorized intervention, force
majeure or technical failures of any sort. (iv) Natori Entities are not
responsible for errors in the administration or fulfillment of this Promotion,
including without limitation mechanical, human, printing, distribution or
production errors, and may cancel, terminate or modify this Promotion based
upon such error at its sole discretion without liability. In no event will Natori
be responsible for awarding more than the number of prizes specified in these
rules. (v) In the event this Promotion is cancelled or terminated, pursuant to
subparagraph (iii) or (iv), Natori, 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. (vi) NATORI ENTITIES MAKE NO
WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN
LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii)
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF
CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, NATORI RESERVES
THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’
FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING
CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above
represent Natori’s good faith determination of the approximate retail value(s)
thereof; the actual fair market value(s) as ultimately determined by Natori are
final and binding and cannot be challenged or appealed. In the event the stated
approximate retail value(s) of a prize is more than the actual fair market
value of that prize, the difference will not be awarded in cash or otherwise.
No substitution or compensation will be given for any portion of the prize that
is not used. In the event that there is a discrepancy or inconsistency between
disclosures or other statements contained in any of the materials of the
Promotion and the terms and conditions of the Official Rules, the Official
Rules shall prevail, govern and control.
12) APPLICABLE LAWS AND JURISDICTION. This
Promotion is subject to all applicable federal, state, and local laws and
regulations. Issues concerning the construction, validity, interpretation and
enforceability of these Official Rules shall be governed by the laws of the
State of New York, without regard to any principles of conflict of laws. All
disputes arising out of or connected with this Promotion will be resolved
individually, and without resort to class action, exclusively by a state or
federal court located in New York, New York. Should there be a conflict between
the laws of the State of New York and any other laws, the conflict will be
resolved in favor of the laws of the State of New York. To the extent permitted
by applicable law, all judgments or awards shall be limited to actual
out-of-pocket damages (excluding attorneys’ fees) associated with participation
in this Promotion and shall not include any indirect, punitive, incidental
and/or consequential damages.
13) WINNER LIST. For a list containing the name of
the winner, send a self-addressed stamped envelope, within six (6) months of
the Drawing Date, to: Ali Leone, The Natori Company, “JOSIE GIRL BLOG
GIVEAWAY,” 180 Madison Avenue, 18th Fl. New York, NY 10016.
14) SPONSORSHIP. This Promotion is Sponsored by The Natori Company, 180
Madison Avenue, 18th Fl. New York, NY 10016.