NORITAKE, CO., INC
OFFICIAL PROMOTION RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. PARTICIPANTS GRANT NORITAKE A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED TO THE SWEEPSTAKES.
Promotion begins at 12:00 pm EST August 20, 2012 and ends at 11:59 am EST November 20, 2012 by which time all entries must be received (“Entry Period”).
WHO MAY ENTER:
This sweepstakes (the “Promotion”) is only open to individuals who are at least 18 years old at the time of entry, have access to the Internet, are physically located in and residents of the continental United States, or the District of Columbia. Participants may only enter the Promotion as individuals and not as part of a group.
Employees, officers and directors of Noritake, and those involved in the production, development, implementation or handling of the Promotion, and each of their respective shareholders, employees, independent contractors, agents, representatives, successors and assigns, and the immediate family (i.e. parents, children, siblings, spouse) thereof are ineligible to enter the Promotion or win a prize.
By participating in the Promotion, each participant represents and warrants that he or she meets the eligibility requirements and acknowledges that failure to meet all eligibility requirements will disqualify participant from the Promotion.
HOW TO ENTER:
USE OF ENTRIES:
Upon submission, Noritake will have the right to use all entries in merchandising, advertising, marketing or promotion or for any other commercial or non-commercial purpose in connection with the Promotion or Noritake without compensation to the participant. Participants hereby irrevocably grant to Noritake a perpetual, non-exclusive, sub-licensable, royalty-free, fully-paid license and right to use, distribute, make derivative works from and otherwise exploit any entry, in any manner and in any medium now known or hereafter devised, throughout the universe in perpetuity. Participants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized. Participants agree that Noritake shall have sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry.
SELECTION OF WINNER:
Winner selection for the submit-a-review drawing promotion will be conducted by random drawing from all eligible entries around November 22, 2012 (the “Drawing Date”). Any potential winner will be notified via email. If a potential winner cannot be contacted, does not respond within five (5) business days from the date Noritake first tried to notify him/her, and/or 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 she/she has met all eligibility requirements of the Promotion, including without limitation, the execution of required waivers, publicity and liability releases and disclaimers (if necessary), such individual will be declared the “winner” of the Promotion.
Noritake has complete discretion over interpretation of the Official Promotion Rules, administration of the Promotion, and selection of the Winner. Decisions of Noritake as to the administration of the Promotion, interpretation of the Official Rules and the selection of the winner(s) will be final.
There will be (3) winners in the “submit a review” promotion. The prize is a credit for Noritake merchandise. (MSRP: $100). Noritake will not replace a lost or stolen prize. Noritake will not offer cash redemptions, equivalents or substitutions except at Noritake’s sole and absolute discretion. In the event that Noritake is unable to provide the winner with the prize, Noritake may elect, at Noritake’s sole and absolute discretion, to provide the winner with the approximate retail value of such item in cash or award an alternate prize of comparable or greater value. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Please allow 5-7 weeks for prize delivery. Prizes will only be shipped to the continental United States or the District of Columbia.
Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive and may be required to sign tax documents, file a Form 1099 with the IRS and pay taxes on the value of the Prize.
Subject to applicable law, winners irrevocably grant Noritake the right to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Promotion or Noritake, in all forms of media (now and hereafter known), worldwide in perpetuity, without any obligation or consideration except for the awarding of the prize to the winner. Participants agree not to issue any publicity concerning Noritake.
REPRESENTATIONS AND WARRANTIES:
Each participant represents and warrants that he or she has read, understands and will adhere to these Official Sweepstakes Rules. Participants further represent and warrant that entries and all elements therein: (1) are wholly original work of the participant; and (2) will not infringe or violate any personal rights (e.g., defamation, privacy, false light, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity. Each participant represents and warrants that he or she is a legal resident of the fifty (50) United States or the District of Columbia, and is at the time of entry, at least 18 years old. Each participant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and no consent of any third parties is required to grant the rights hereunder. Participants agree to defend, indemnify and hold Noritake, their parents and each of their respective successors, assigns and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty or covenant made by such participant in connection with his or her participation in Promotion activities.
RELEASES, WAIVERS AND DISCLAIMERS:
By entering into the Promotion, participants agree to release, discharge and hold harmless Noritake and each of their parents, subsidiaries, affiliates, agents representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Released Parties”), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of prizes (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property).
i) 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 Noritake’s servers or elsewhere, will not be eligible. (ii) Noritake, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Noritake. (iii) Noritake 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) Noritake is not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability.
GOVERNING LAW / LIMITATION OF LIABILITY:
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply. By participating, participants agree to be bound by the Official Sweepstakes Rules and the decisions of Noritake which are final and binding in all respects. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules or the rights and obligations of Participants, Noritake or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE PROMOTION, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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 NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
LIST OF WINNERS:
The winners will be posted on http://www.noritakechina.com/blog/index.php/submit-a-review-contest-rules/ for at least ninety (90) days after the winners are selected.
Winner, December 2012: TBD
Winner, March 2013: TBD
IDENTIFICATION OF SPONSOR:
This Promotion is sponsored by Noritake Co., Inc 15-22 Fair Lawn Avenue, Fair Lawn, NJ 07410.