NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA AND HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW
The “World Sake Day Sweepstakes” (the “Contest”) commences at 12:00:01 PM (ET) on August 31, 2012 and ends at 11:59:59 PM (ET) on October 1, 2012 (the “Entry Period”). All entries must be received by 11:59:59 PM (ET) on October 1, 2012.
The Contest is open to individuals who are: (a) legal residents of one (1) of the fifty (50) contiguous United States or District of Columbia, (b) are at least twenty one (21) years of age or older at the time of entry and (c) who have a Twitter and/or Instagram account or an email account.
Employees and their immediate families (i.e., parents, spouse,children, siblings, grandparents, step parents, step children and step siblings) of TY KU LLC (“TY KU LLC” or “Sponsor”), , Twitter Inc. (“Twitter”), Burbn, Inc. (“Instagram”) and each of their respective affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies (collectively, the “Contest Entities”) are not eligible to enter this Contest. By participating in this Contest, entrants:
i. agree to be bound by these Official Rules and by the interpretations of these Official Rules by the Sponsors, and by the decisions of the Sponsor, which are final in all matters relating to this Contest;
ii. release and hold harmless Contest Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Contest and/or use or misuse or redemption of a Grand Prize (as hereinafter defined);
iii. acknowledge compliance with these Official Rules.
Using your Twitter or Instagram account, submit an original photograph that captures the theme of “World Sake Day” and illustrates what you are doing for World Sake Day (the “Photo(s)”) along with the following TY KU hashtag: #worldsakeday” (each a “Hashtag”) (the Photo together with the TY KU Hashtag, each an “Entry” or collectively, the “Entries”). Entries must be submitted during the Entry Period from either your own Twitter or Instagram account or by emailing email@example.com. You will need to create a Twitter, Instagram, or email account if you don’t already have one. Membership on Twitter and Instagram is free (as of the date of publication of these Official Rules), and registration for Twitter can be obtained by logging on to www.twitter.com (“Twitter Web Site”) and following the onscreen instructions to open an account. Registration for Instagram requires downloading the free application to your mobile device and following the on-screen instructions to create a new account. By submitting an Entry to this Contest via Twitter or Instagram, YOU AGREE TO THESE OFFICIAL RULES AND BY THE RESPECTIVE TERMS OF SERVICE OF TWITTER AND INSTAGRAM. You are encouraged to follow the @teamtyku Twitter Account that corresponds to the Hashtag contained in your Entry so you can see updates and announcements relating to the Contest, including, the Grand Prize Winner’s announcement to see if you’ve won (pending verification) in addition to the winner notification described in Section 6 below. Please note that if you do not respond to the Grand Prize Winners notification described in Section 6, you will be disqualified and another Grand Prize Winner may be selected. You must submit your Entry in accordance with the instructions above during the Entry Period to count as one (1) Entry. There is no limit to the number of Entries an entrant may submit however any sort of automated Entry sent via a bot is strictly prohibited and limit one (1) Grand Prize per person.
Any entrant suspected or found to be submitting automated Entries of any kind will be disqualified.
PLEASE NOTE THAT ANY AND ALL SUBMISSIONS AND METADATA SUBMITTED FOR THIS CONTEST MAY BE PUBLICLY VIEWABLE. IN ADDITION, ENTRANTS ACKNOWLEDGE THAT THEIR ENTRIES MAY BE RETWEETED OR REPOSTED BY THE PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH SPONSORS SHALL NOT BE LIABLE.
i. that he/she has all rights to the contents of the Entry all components thereof, and that entrant has obtained all rights, consents and permission, necessary to grant the rights granted herein;
ii. that the Entry does not and will not violate any law, statute, ordinance or regulation;
iii. that the Entry is free and clear of any liens or claims with respect to the use of the Entry in the manner authorized herein and will not give rise to any claims of infringement, invasion of privacy or publicity or claims, or infringe on any rights or interests of any third party, or give rise to any claims for any payment whatsoever, including but not limited to claims for re-use fees or residuals;
iv. that the Entry is not and will not be defamatory, trade libelous, pornographic or obscene.
Entrant shall retain all copyright in and to his/her Entry; provided, however that entrant agrees that by entering into this Contest he/she is granting Sponsor, the non-exclusive, worldwide irrevocable right and license, but not the obligation, to exhibit, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, edit, dub, superimpose, rebroadcast, transmit, record, publicly perform and distribute and synchronize in timed relation to visual elements, the Entries and/or any portions or excerpts thereof, in any manner, an unlimited number of times, in any and all media, now known or hereafter devised for any purpose, throughout the world in perpetuity. Sponsor may use the Entries (or any portion thereof, including, without limitation an entrant’s Twitter or Instagram screen name) to advertise, promote and publicize the Contest, Sponsor’s respective business, products and worldwide programming services and/or Sponsor’s respective websites in all media throughout the universe and may authorize others to do so; such advertising, promotion and publicity may include portions and excerpts, in addition to cut-in, synchronized, dubbed and superimposed versions of the Entries. Entrant acknowledges that Sponsor may use the Entries in accordance with the permission granted herein without any payment to the undersigned or any third party.
Entrants agree that Entries shall not contain, include or involve any of the following:
• Gratuitous obscenity
• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
• Gang signs or symbols
• Excessive, extreme or gratuitous violence
• Glamorization of illegal drug use
• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
• Unauthorized trademarks and copyrighted material (e.g., music, etc.)
• License plates, phone numbers, personal addresses – physical or email or otherwise
• Website or web page links
• Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
• Trespassing or the violation of other people’s rights or property
• Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Conduct or activities in violation of these Official Rules
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor in its sole discretion
Language and themes contained in Entries will be evaluated by Sponsor based on content and societal acceptability. Sponsor is not obligated to use, publish, display or broadcast any submitted Entries (in whole or in part). Each entrant acknowledges that Sponsor will rely on such entrant’s agreement and compliance with these Official Rules when entrant submits or attempts to submit the entry. Sponsor reserves the right to reject any entries that it deems, in its sole discretion, to violate any of its standards and practices policies or the terms and conditions set forth in these Official Rules. Sponsor may modify or edit any materials related to an Entry or request entrants to do so, so that such materials meet such guidelines. In submitting an Entry into this Contest, each entrant agrees to, confirms and represents to Sponsor that neither he/she nor anyone else has engaged or taken part in (or induced or encouraged anyone else to do so) in any activity or conduct in connection with this Contest that:
i. may or is likely to harm or create a risk of harm, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any person, other living thing or any property;
ii. may/or is likely to create a risk of any other loss or damage to person, living things or property;
iii. is or may constitute a crime, unlawful or non-consensual activities (e.g., conduct that could lead to criminal prosecution), tortuous conduct (e.g., conduct that could lead to civil prosecution) or the violation or infringement of the rights of any other party;
iv. violates any of the terms or conditions of these Official Rules.
All Entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”. In the event of a dispute over who submitted a winning Entry, the authorized subscriber of the Twitter account or Instagram account, as applicable, used to participate in the Contest at the actual time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned a Twitter account by Twitter or an Instagram account by Instagram. All Entries become the property of Sponsor and will not be acknowledged or returned.
If your Twitter or Instagram account is set to “protected mode,” your updates/responses may not be visible in the @teamtyku Twitter Accounts’ inboxes and may therefore not be received by Sponsor unless you previously consented to permit Sponsor to see the your Twitter updates.
If you opt to use Twitter or Instagram via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Contest), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your services agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Contest. Participation in this Contest by mobile device means that you understand that you may receive additional messages by mobile device relating to this Contest, including notifying you if you are a Grand Prize Winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your mobile device’s capabilities for specific instructions.
On a daily basis, Sponsor will select a to-be-determined number of Entries to be publicly featured (including, without limitation, online and off-line) at its discretion (the “Featured Entries”). By submitting an Entry into this Contest, entrants agree that their Entries may be displayed by Sponsor in this manner in accordance with the terms of Section 4. Entries may be featured with or without entrants’ Twitter or Instagram screen names. Entrants whose Entries have been selected as Feature Entries may be asked to provide proof of eligibility prior to the initial public distribution of their Entries and to execute any documents provided by Sponsor effectuating the same. Featured Entries may be reposted by the public and open to public commentary, which entrants acknowledge, is not under the direct control of Sponsor. Sponsor shall not be responsible for any public commentary made in connection with an Entry.
Featured Entries & Winners Selection/Notification:
There will be a total of one (1) grand prize winners (selected from among the Eligible Entries received in accordance with the judging criteria set forth below. The official judging panel will be comprised of a panel of representatives determined by Sponsor (the “Judges”). At the conclusion of the Entry Period, the Judges will judge the Eligible Entries received for each of the entry pools based on the following equally-weighted judging criteria:
iii. ability to effectively capture the theme of “World Sake Day”;
iv. the public’s overall positive engagement in the Entry which will be featured in a specific “filter” online (e.g. number of times an Entry has been retweeted and “liked” by the public).
The final determination of the Featured Entries and Grand Prize Winners and the application of the Judging Criteria shall be in the sole and absolute discretion of Sponsor. Sponsor reserves the right to extend the Entry Period, modify the number of Featured Entries or to not select the Featured Entries or Grand Prize Winners if Sponsor determines, in its sole and absolute discretion, that Entries received did not meet the minimum qualification standards based on the Judging Criteria specified herein or if an insufficient number of qualified Eligible Entries are not received. Sponsor reserves the right to delay the announcement of the Featured Entries and/or and Grand Prize Winners in its sole discretion. To the extent permitted by law, Sponsor disclaims any liability from, and entrants, whether or not selected as a Featured Entry or Grand Prize Winner, agree to waive, any claims against Sponsor relating to the judging or awarding process. Sponsor reserves the right to select an alternate Featured Entry, and/or Grand Prize Winner in the event that any entrant who has submitted a Featured Entry or Grand Prize Winner fails to comply with these Official Rules.
Grand Prize Winners Verification:
Grand Prize Winners must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Grand Prize Winner. In addition, the potential Grand Prize Winners must also consent to and satisfactorily complete a background check, including but not limited to, a check of criminal and driving records. In the event of non-compliance by a potential Grand Prize Winner such potential Grand Prize Winner shall be disqualified and all privileges otherwise due as the Grand Prize Winner shall be terminated and an alternate potential Grand Prize Winner may be chosen from among all of the remaining applicable Eligible Entries received if time permits in Sponsor’s sole discretion. Grand Prize Winner must sign (his/her parent/legal guardian must sign if Grand Prize Winner is not the age of majority in the jurisdiction in which he/she resides) within three (3) days of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and release of Contest Entities and its respective officers, directors, employees, agents and members (“Releasees”), from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Contest or the use/misuse or acceptance of a Grand Prize (as hereinafter defined) or any portion thereof to be eligible for a Grand Prize; and (b) except where prohibited by law, a promotional release granting Contest Entities the right to use his/her name and likeness for advertising and publicity purposes without additional compensation and (c) any other documentation required by Sponsor, including a W2 form and Grand Prize Winner’s social security number for tax purposes (collectively, the “Releases”). Entry into this Contest constitutes agreement to sign such Releases. The Grand Prize Winners also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Grand Prizes and that Grand Prize Winners (his/her parent/legal guardian must sign if Grand Prize Winner is not the age of majority in the jurisdiction in which he/she resides) will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Grand Prize. The Grand Prize Winners must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Grand Prizes and return them as instructed within the time frame specified by Sponsor or Grand Prize Winner may forfeit Grand Prize at Sponsor’s sole discretion. Failure to return all such documents and comply with Sponsor’s deadlines, noncompliance with these Official Rules or the return of any prize or prize notification will result in disqualification and selection of an alternate winner. All decisions of the Sponsor relating to the Contest are final. Sponsor expressly reserves the right to delay the announcement of the Grand Prize Winners for creative or technical reasons or for any other reason Sponsor deems necessary.
Grand Prize: One (1) Grand Prize Winner will receive a trip for two (2) on a Norwegian Cruise ship. Departure posts can be out of Miami or New Orleans. Duration of trip is seven days (7) and Sponsor will pay for airfare to departure port and cost of cruise. Travel arrangements are subject to availability and must be roundtrip. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, cruise or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. If winner resides within a 100-mile radius of the selected city, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. It is the winner and travel guest’s responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary identification (including valid driver’s license) at the time of travel. All travel dates are subject to change in Sponsor’s sole discretion. If Grand Prize Winner cannot travel on dates specified by Sponsor, Grand Prize Winner will forfeit all rights to the prize. Event dates are subject to availability. Travel restrictions, conditions and limitations may apply. All costs and expenses not specified herein are the sole responsibility of the winner, including, but not limited to, meals and beverages, ground transportation not specified above, taxes and gratuities.
Approximate retail value of the grand prize is $1,429. Winner is solely responsible for any taxes on their respective prizes. No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason.
Daily Prizes: Thirty (30) Daily Prize winners will each receive either a TY KU shirt or TY KU hat, at Sponsor’s discretion. Approximate retail value of the shirt is $10. Approximate retail value of the hat is $5. Daily prizes will be awarded at random to eligible Entrants as described in Section 3 and Section 4.
No cash equivalent for the prizes, prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
Request Winners List and Official Rules:
For the Winners List and/or Official Rules, send a self-addressed stamped envelope to:
Attention: World Sake Day Giveaway
P.O. Box 1571
New York, NY 10159
All requests for a copy of the Official Rules and for Winners List must be made by November 31, 2012. Please note on the front left-hand corner of your outer envelope whether you are requesting "Official Rules" or the name of the “Winners List".
This Giveaway is sponsored by TY KU, P.O. Box 1571, New York, NY 10159. TY KU Premium Sake & Spirits. Copyright © 2012. All rights reserved.
Twitter, Inc. is not a sponsor of this Giveaway. Burbn, Inc. is not a sponsor of this Giveaway. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Giveaway is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Giveaway.