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The New EZONE Giveaway Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 

 

The Yonex USA “The New EZONE Giveaway” Sweepstakes (the "Sweepstakes") is sponsored by Yonex USA, 20140 S Western Ave, Torrance, CA 90501, (the "Sponsor"), and promoted and operated through the website located at http://woobox.com/2wzd5u the ("Sweepstakes Site"). The Sweepstakes begins on August 18, 2017 at 12:30 p.m. Pacific Daylight Time ("PDT") (the "Start Date"), and ends on September 12, 2017 at 5:00 p.m. PDT (the "End Date") (such period, the "Sweepstakes Period").

 

I. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.

  1. Eligibility in General. The Sweepstakes is open to any individual who is, as of the Start Date, (i) a legal resident of one of the fifty (50) states of the United States or the District of Columbia (the "Eligibility Area") and (ii) at least the age of majority in the jurisdiction in which the individual resides. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may impose additional eligibility restrictions). Odds of winning are determined by number of entries received. Misrepresentation of age, upon discovery by Sponsor, will disqualify the applicable participant.  Employees, officers, directors, shareholders, agents, and representatives of Sponsor and their respective affiliates, licensors, and advertising and promotional agencies (the foregoing entities, the "Sweepstakes Entities") and the immediate family members and members of the same households of any such employees, officers, directors, shareholders, agents, and representatives, are not eligible to participate in the Sweepstakes in any manner or to win any prize.  Sponsor reserves the right, at any time and in its sole discretion, to refuse to allow any individual to participate or continue to participate in the Sweepstakes, or to disqualify any individual it suspects to be tampering with the entry process or the operation of the Sweepstakes, or the Sweepstakes Site; to be in violation of any terms and conditions governing the use of the Sweepstakes Site or any privacy policies governing the submission of information through the Sweepstakes Site; to be in violation of these Official Rules; to be acting in bad faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. 
  2. How to Participate in the Sweepstakes. Beginning on the Start Date, you may log on to the Sweepstakes Site and follow the instructions thereon to participate in the Sweepstakes, including completing an entry form on the Sweepstakes Site. By participating in the Sweepstakes, each entrant is confirming that they have read and agree to comply with: (i) these Official Rules; (ii) Sweepstakes Site’s terms and conditions located at https://woobox.com/terms; (iii) all decisions of Sponsor, which decisions shall be final and binding in all respects; and (iv) all other Sweepstakes requirements. Additionally, by participating in the Sweepstakes, each entrant is confirming that they have read and understand Sponsor’s privacy policy, located at http://www.yonexusa.com/company/privacy-policy/. Joint entries are not accepted. Each entrant may submit only one entry per email address. In the event of a dispute as to the origin of an entry, the authorized account holder of the email address will be deemed to be the entrant. Potential Winners (defined below) may be required to show proof of being the authorized email address account holder, as determined by Sponsor in its sole discretion.

 

II. THE SWEEPSTAKES.

  1. Determining the Winners. Sponsor and/or its designees will review all eligible entries for conformity to the rules. During the week of September 18, 2017, Sponsor and/or its designees will choose at random five (5) “Potential Winners.” The Potential Winners’ entries may be made available for public viewing via the Sweepstakes Site at any time after the Potential Winners’ entries are selected by Sponsor. NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN THIS SECTION).  Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified entries.  Sponsor may, in its sole discretion, contact each Potential Winner and require any such Potential Winner to submit to a background check to help ensure that such Potential Winner's continued participation in the Sweepstakes will not, in Sponsor’s sole discretion, damage the Sweepstakes or otherwise reflect adversely on the Sweepstakes Entities; require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms and releases (including, without limitation, a Declaration of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release); and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”). Each Potential Winner must complete the Clearance Process within two (2) days from notification in order to receiving a prize. Upon completion of the Clearance Process, the Potential Winner will be designated a “Winner.” Sponsor reserves the right to provide an independent third party (the "Auditing Entity") with all entries submitted by each Potential Winner in order that such Auditing Entity may examine such entries and confirm, subject to its and Sponsor's discretion, that the entries comply with these Official Rules. In the event that any Potential Winner elects to end his or her participation in the Sweepstakes, is unable to participate further in the Sweepstakes for any reason, or is, in Sponsor’s sole discretion, deemed to be ineligible, unable or unwilling to participate, Sponsor reserves the right to select alternate Potential Winner(s) in its sole discretion.
  2. Prizes. Five (5) Winners will each be awarded (1) Yonex EZONE Racquet (choice of 98 or 100 head size) and (1) set of Yonex PolyTour Pro string. Each combined prize set has an approximate retail value of $272.50. The total approximate retail value of all prizes is $1,362.50. All taxes (including without limitation federal, state, and local taxes) on or connected with a Prize, if any, and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein, if any, are the sole responsibility of each of the Winners. No prize may be endorsed, transferred or substituted, except at the Sponsor’s sole discretion.  Specifics of the prize are in Sponsor’s sole discretion. In the unlikely event that any portion of the prize is cancelled, undeliverable, or unable to take place for any reason, each Winner agrees that Sponsor has no further obligations to Winner other than delivery of the remainder of the prize (if any), and no other additional compensation will be provided. In the event that any Winner is unable to comply with the terms and conditions set forth in these Official Rules, Sponsor reserves the right to deem such individual ineligible and to select a new Winner (or Winners) from among the remaining entrants.

 

III. MISCELLANEOUS.

  1. General; List of Winners; License. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply.  After the end of the Sweepstakes Period, the names of the Winners may be posted to the Sweepstakes Site, and/or to another Sponsor-affiliated site or service.  In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner, where permitted by law, each such individual agrees to grant to Sponsor, the Sweepstakes Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual's name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion. For a list of Winners (available after October 2, 2017), please send a self-addressed stamped envelope to c/o Yonex USA, 20140 S Western Ave, Torrance, CA 90501, Attn: Marketing. Queries must be postmarked no later than October 30, 2017 (Vermont residents may omit return postage).
  2. Disclaimer and Limitation of Liability. The Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes.  The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or "hacking," or by any of the equipment, software, or programming related to the Sweepstakes Site or the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Sweepstakes Site, or any entry. Additionally, the Sweepstakes Entities are not responsible for any cancellation or postponement of any aspect of a prize.  Although Sponsor attempts to ensure the integrity of the Sweepstakes, each entrant acknowledges that Sponsor is not responsible for the actions of the entrants or other participants in connection with the Sweepstakes, including attempts by entrants and others to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes.  Sponsor is not responsible for injury or damage to an entrant’s or to any other person’s computer, other equipment, or person in connection with participation in the Sweepstakes, or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Sweepstakes.  WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED “AS  IS"  WITHOUT  WARRANTY  OF   ANY  KIND,  EITHER  EXPRESS  OR  IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  3. Release and Indemnification. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT HEREBY RELEASES AND AGREES TO INDEMNIFY AND HOLD SPONSOR AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES); ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
  4. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or the Sweepstakes, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of Los Angeles in the State of California, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Sponsor's trade secrets and other confidential information. Each entrant hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any other agreements you may enter into with Sponsor in connection with the Sweepstakes, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH ENTRANT EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If any party to an arbitration shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Sweepstakes, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section. For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of Los Angeles in the State of California, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE SWEEPSTAKES.
  5. Governing Law. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the United States and the laws of the State of California, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 4 above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of Los Angeles in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Sweepstakes), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
  6. Privacy. Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and information submitted through the Sweepstakes Site will be governed by the Sponsor’s privacy policy that is located at http://www.yonexusa.com/company/privacy-policy/ provided that in the event of any conflict between these Official Rules and such privacy policy, the terms and conditions of these Official Rules shall prevail. Specifically and without limitation, Sponsor reserves the right to communicate with any entrant about his or her entry, and because of the potential critical nature of such communications to the operation of the Sweepstakes, no entrant will be permitted to "opt out" of receiving such communications.
  7. Headings. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
  8. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Sweepstakes Site or the Sweepstakes.
  9. Interpretation. In the event of any conflict between any information provided on the Sweepstakes Site regarding the Sweepstakes (such as a "F.A.Q."), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.