NO PURCHASE NECESSARY OR PAYMENT OR PROOF-OF-PURCHASE OF ANY KIND NECESSARY TO ENTER OR PARTICIPATE IN THE SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Sponsor: The “New Shape of Spin: Yonex VCORE Racquet Giveaway Sweepstakes” (the “Sweepstakes”) is sponsored by Yonex Corporation, 20140 S Western Ave, Torrance, CA 90501 ("Sponsor").
Eligibility: The Sweepstakes is open only to legal residents of the United States and the District of Columbia who, at the time of entry, are at least 18 years old (or at least the age of majority in the state of residence if the age of majority in such state is more than 18 years of age). Employees, officers, directors, shareholders, agents, and representatives of Sponsor and its affiliates, licensors, and advertising and promotional agencies (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 (as defined below); 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. By entering the Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. Winning a prize is contingent upon fulfilling all requirements set forth herein. Subject to all applicable federal, state, and local laws and regulations.
Entry Period: The Sweepstakes begins on August 6, 2018 at 12:00 a.m. Pacific Time ("PT") and ends on August 17, 2018 at 11:59 p.m. PT (the "Entry Period"). Sponsor’s computer is the official time keeping device for the Sweepstakes.
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 PERSON(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
Selection of Winners: On or about August 24, 2018, potential winners will be randomly selected from all eligible entries. Each entrant will be eligible to win only one (1) prize. The random selection will be undertaken under the supervision of Sponsor whose decisions shall be final in all matters. The potential winners will be notified by mail, email or phone. Each potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (the “Affidavit and Release”) in order to claim his/her prize (except where prohibited by law). If a potential winner cannot be contacted, or fails to sign and return the Affidavit and Release within the required time, he/she will forfeit 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 is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entrants. This process will be conducted for three (3) rounds. If, after three (3) rounds, not all winners have properly responded and returned any required Affidavit and Release (properly completed and executed) within the specified time, then the remaining prizes will be withdrawn and no award will be made for those remaining prizes. Prizes will be fulfilled within eight (8) to ten (10) weeks after the conclusion of the Sweepstakes.
Prizes: Seven (7) prizes in total will be awarded. Each prize consists of a new Yonex VCORE racquet. Each prize has an Approximate Retail Value (“ARV”) of $275.00. Prizes are non-transferable, non-assignable, not refundable, and must be accepted "AS IS" and as awarded. No substitution for a prize will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if any designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prizes are non-exchangeable, have no cash value, and cannot be replaced if destroyed, lost, stolen, or unredeemed. Total ARV of all prizes: $1,925.00. Odds of winning a prize depend on the number of eligible entries received during the Entry Period. Limit: One (1) prize per person.
Release: By participating in the Sweepstakes and/or accepting a prize, each entrant agrees to release the Sweepstakes Entities and each of their respective successors, directors, officers, employees, agents, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury including death, loss or damage arising in any manner, directly or indirectly, from participation in the Sweepstakes and/or acceptance or use of any prize. Except to the extent prohibited by law, each winning entrant authorizes the Sweepstakes Entities to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, and on a winner’s list, if applicable, without further compensation. Sweepstakes Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at the sole discretion of the Sweepstakes Entities, without further obligation or compensation. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of method of transmission; (ii) telephone system, telephone or computer hardware, software, or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, liabilities or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Sweepstakes; or (v) any printing, typographical, human, administrative or technical errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion of the Sweepstakes) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Sweepstakes and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Sweepstakes Entities. Sponsor may prohibit anyone from participating in the Sweepstakes or winning a prize if, in its sole discretion, Sponsor determines a person is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices or intending to annoy, abuse, threaten or harass any other Sweepstakes entrants and/or the representatives of any Sweepstakes Entity. By participating in the Sweepstakes, each entrant further agrees that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the release contained herein are hereby expressly and forever waived. Each entrant acknowledges that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent for each Sweepstakes Entity to use the winner’s name, likeness, photograph, video/film footage, voice, opinions and/or hometown and state for promotional purposes in any and all media now or hereafter known throughout the world, in perpetuity, without further payment or consideration.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, tampering, technical failures, acts of God 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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; or (5) 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 proceed with the Sweepstakes 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, 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 from among all legitimate, un-awarded, eligible entrants. Under no circumstances shall any Sweepstakes Entity be liable for any indirect, punitive, incidental, special, exemplary, consequential or other damages that are not direct damages.
Arbitration: THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THE 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 Consumer Arbitration Rules (or any successor rules) as amended by these Official Rules. The Consumer Arbitration Rules are currently available online at http://www.adr.org. The arbitrator shall not have the power to impose indirect, punitive, incidental, special, exemplary, consequential or other damages that are not direct 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 any entrant 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, each entrant’s 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, each entrant agrees 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 each entrant waives any jurisdictional, venue or inconvenient forum objections to such courts. In addition, by entering the Sweepstakes, each entrant agrees (i) that no arbitration proceeding hereunder shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other entrants or potential entrants or persons similarly situated, (ii) that no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding, (iii) to arbitrate any dispute relating to the Sweepstakes on an individual basis and (iv) to waive the right to participate in a class action.
IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU SHOULD NOT PARTICIPATE IN THE SWEEPSTAKES.
Governing Law: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the United States of America and the laws of the State of California, without regard to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 11 above, each entrant irrevocably agrees to personal jurisdiction by the federal and state courts located in the County of Los Angeles in the State of California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby irrevocably waives all rights to claim, punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than the entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in the Sweepstakes). BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HIS OR HER ENTRY 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.
Winner List: For the winner list, send an email with subject line: “Yonex VCORE Racquet Giveaway Sweepstakes, Winner List Request” to firstname.lastname@example.org. Requests must be received by December 31, 2018.