THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES ONLY (EXCLUDING, WITHOUT LIMITATION, All US TERRITORIES, OFF-SHORE COMMONWEALTHS AND POSSESSIONS) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE 18 AND THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO ENTER. YOU ARE NOT AUTHORIZED TO ENTER THIS SWEEPSTAKES IF YOU DO NOT MEET THESE CRITERIA. INTERNET ACCESS AND A VALID WORKING EMAIL ADDRESS REQUIRED
“The Japan Adventure” Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1. The “Sweepstakes Period” is from 12:00:01 a.m. Eastern Time (“ET”) October 5, 2019 (“Sweepstakes-Start”) to 11:59:59 p.m. (“ET”) November 5, 2019 (“Sweepstakes-End”). Sponsor’s website computer determines the time for entries.
2. Eligibility: This Sweepstakes is open only to a legal U.S. resident residing in the 50 United States (excluding, without limitation all US territories, offshore commonwealths and possessions) who are at least 18 years old and the age of majority in his/her State of residence. Employees, officers, directors, agents, representatives, franchisees/licensees and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of household of Best Made Co (“Sponsor”) and TMACO, LLC d/b/a The Marketing Agency (“Administrator”); and their respective parent companies and subsidiaries and Sponsor’s partners, advertising, design, printing, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Sweepstakes (the “Sweepstakes Entities”) and Instagram, Inc. (“Instagram”) are not eligible to enter or be awarded a prize.
3. How to Enter:
To obtain one (1) Primary Entry: Go to: https://www.bestmadeco.com/japanadventure. Complete the entry form by entering your First Name, Last Name, Zip Code, and a valid, working email address for which you are the authorized user. You must check the box that you agree to the Official Rules and Sponsor’s and Administrator’s privacy policies and that you are 18 years of age or older and the age of majority in your State of residence. You will receive (1) entry. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Check with your carrier(s). By supplying your email address, you are agreeing to receive Best Made Co marketing emails. You may unsubscribe from receiving these emails at any time by following the directions at the bottom of each email.
LIMIT OF ONE (1) PRIMARY ENTRY PER PERSON OR EMAIL
ADDRESS DURING THE SWEEPSTAKES PERIOD
To Receive Extra Entries: After you have registered for your Primary entry, you may receive extra entries for doing each of the following:
i) Making a purchase on bestmadeco.com using the same email address that you used to register for a Primary Entry as per details above during the Sweepstakes Period. You will receive one (1) entry for every purchase
ii) Log into your Instagram account. If you don’t have one, you may set one up for free by downloading the app to your phone or creating an account at https://www.instagram.com/. Be sure your account is public. Post a comment and/or an image representing what adventure means to you. Caption the photo with an explanation and @bestmadeco, #BestMadeAdventure and #Sweepstakes. You will receive one additional entry for every post during the Sweepstakes Period.
LIMIT OF 9 EXTRA ENTRIES PER PERSON OR EMAIL
ADDRESS DURING THE SWEEPSTAKES PERIOD.
All discovered entries made in violation of these rules will be deleted. YOU MUST SUPPLY AN ACCURATE, FUNCTIONING EMAIL ADDRESS, FOR WHICH YOU ARE THE AUTHORIZED USER, FOR YOUR ENTRIES TO BE ELIGIBLE AND FOR WINNER NOTIFICATION. IT IS THE ENTRANT'S RESPONSIBILITY TO KEEP HIS/HER EMAIL ADDRESS CURRENT AS THAT IS WHERE A WINNER’S NOTICE WILL BE SENT. Entries must be made by an individual from a stand-alone computer device (including mobile and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program. You may not enter with multiple emails and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. “An Authorized email user” is defined as the natural person who is assigned an email address by an online email service, Internet access provider, online service provider or organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email address submitted on the entry form.
Winner Selection: One (1) Grand Prize winner will be chosen on or about, November 20, 2019, in random drawings conducted by the Administrator. The potential Grand Prize winner will be notified within five (5) business days after the selection is made via email to the email address submitted during entry. The potential winner will have three (3) business days from the day of notification to reply, agreeing to accept the prize and providing/confirming full contact information requested. Failure to confirm and provide all the information requested within three (3) business days will signify to Administrator that the prize has been declined and forfeited for all time without further notice, and another potential Grand Prize winner will be chosen in random drawings. The Grand Prize potential winner will be sent via email an Affidavit of Eligibility, Liability and (where legal) Publicity Release for the winner and a Affidavit of Eligibility, Liability and (where legal) Publicity Release (Companion) for his/her travel Companion and will be required to execute, have notarized and return the Affidavits within three (3) business days of the date on the notification or it will be concluded definitively and for all time that the prize has been declined and forfeited and a new potential Winner will be selected in random drawings. This will continue until one (1) eligible potential Winner accepts the Grand Prize and complies with these Official Rules. Sponsor and Administrator are not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's email account to receive email messages. The prize will be awarded if claimed properly provided there are sufficient entries. Should a greater number of prize claims than those specified in these Official Rules be received because of printing, emailing, programming or human errors or for any reason whatsoever, no more than one (1) prize and its stated value will be awarded. This promotion is in no way sponsored, endorsed, administered by or associated with Instagram. You understand that you are providing your information to Sponsor and the Administrator and not to Instagram.
4. Quantity, Prize, Approximate Retail Value (“ARV”) and Odds (1) Grand Prize: A trip for two (2) to Japan including: roundtrip economy class air travel for two (2) on an airline selected at Sponsor’s sole discretion (there may be stops and connections), from the nearest major airport to Winner’s residence to/from a city to be determined in Japan all at Sponsor’s sole discretion, inclusive of airline fuel surcharges and service charges, on a schedule to be determined by the Sponsor (in its sole, subjective determination); all transfers on the itinerary; 7-nights/6-days during the Spring, exact dates to be determined by Sponsor in its sole discretion; double occupancy accommodations in a standard room at upscale “boutique” hotels of Sponsor’s choosing, all meals and a cash prize to be determined that will not be less than $6,000. ARV: $30,000. Odds of winning the Grand Prize: Dependent on number of eligible entries received in the Sweepstakes-Period. The Grand Prize Winner will be solely responsible for all expenditures not specifically mentioned in these Official Rules, including, without limitation, transportation to/from departure/arrival airports baggage fees, some alcoholic beverages (you must be over 21 years of age to drink alcoholic beverages), gratuities, incidentals, personal expenses and travel/medical/baggage insurance. Airline tickets are non-transferable and non-endorsable and cannot be exchanged or refunded for cash. Tickets issued will not be eligible for accrual of frequent flyer mileage.
No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole, subjective discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers, passes or similar items once they are in the Grand Prize Winner’s possession. Sponsor will determine flight itinerary and hotel accommodations at its sole discretion. Once flight arrangements have been confirmed, no changes will be allowed except by Sponsor at its sole discretion. Any unclaimed and/or unused or underused Grand Prize travel package elements will be forfeited by Grand Prize Winner and will remain the property of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier and the Terms & Conditions of all other venues’ suppliers. Grand Prize Winner and travel Companion are responsible for: (i) all travel documents including, without limitation, a current, valid U.S. Passport with at least six months remaining until expiration, and other travel document requirements (including visas) acceptable to the airline(s), The Transportation Security Administration (TSA) and the U.S. and Japanese governments; (ii) all medical requirements of the U.S. and Japanese authorities; (iii) respecting all local regulations; (iv) for full compliance with the regulations of the airline(s), hotel and all other venues; and; (v) for presenting a valid, major credit card upon registering at hotels to cover all costs and expenses not specifically specified as part of the prize in these Official Rules. Sponsor, airline(s), hotels and other venues have the right to refuse travel and/or admission to anyone who does not have proper documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for the prize or part of the prize forfeited due to Winner's or Winner's Companion’s non-compliance with travel and participating partners’ regulations, or any other reason. By entering this Sweepstakes, the Winner acknowledges that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize or regarding the use, value or enjoyment of the prize. The right to receive any prize is non-assignable, non-exchangeable and non-transferable and no prize substitution or cash equivalent will be given, except that Sponsor may substitute a prize or part of a prize of comparable or greater value at its sole, subjective discretion. Prize and prize notifications that are returned as undeliverable may disqualify winner. The Grand Prize will be awarded if claimed properly and is awarded “as is.” Should the value of the prize be less than the ARV stated above, the difference will not be awarded in cash or kind.
5. General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sweepstakes administration and Winner selection will be conducted by the Administrator, an independent judging organization, whose decisions are final and legally binding. No participant or Winner shall have the right to question any decision by the Sponsor or the Administrator concerning any aspect of the Sweepstakes, or the interpretation of the Official Rules, or the determination as to the qualification of entries. Sponsor and Administrator are not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of technical, hardware, software, telephone, Internet, virus contamination or network problems, and for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, force majeure, human errors, including, but not limited to, errors by Sponsor or Sponsor’s or marketing partner’s or agents who enter incorrect information into any of the Sponsor’s or agent’s computer systems. Proof of entry is not proof of entry receipt. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor’s sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure, human error or any other causes beyond Sponsor’s/Administrator’s control. Should the Sweepstakes be cancelled, a potential Winner will be chosen from all the non-suspect (in Sponsor’s and Administrator’s sole subjective judgment) eligible entries. Sponsor reserves the right to disqualify any discovered entries from the Sweepstakes if, in Sponsor’s/Administrator’s sole judgment, entrant has not fully complied with these Official Rules. Without limitation, all of an entrant’s discovered entries will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to enter the Sweepstakes through any means, or a greater number of times, other than as described in these Official Rules; or (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Sweepstakes Entities assume no liability for damage caused to entrant's or any other person's/entity's computer/mobile device hardware, software or communications network, regardless of cause.
6. By entering this Sweepstakes, a participant explicitly releases, discharges and holds harmless the Sweepstakes Entities and Instagram, their successors, estates and assigns and all their respective shareholders, directors, officers, employees and Sponsor’s retail partners, one and all, from any and all direct and indirect liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including all “costs”, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation or non-participation in the Sweepstakes and the acceptance and use or misuse of any prize. By accepting a prize, the Winner waives the right to (i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, or (ii) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto).
7. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed by a court of competent jurisdiction or agency to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are Winner’s sole responsibility and an IRS form #1099 will be sent to Grand Prize Winner for the value stated in #5 above for the year 2019.
8. Except where prohibited by law, by entering the Sweepstakes, as a condition of participating in this Sweepstakes and winning a prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, biographical information (except address, phone number or email address), voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION (EXCEPT ADDRESS, PHONE NUMBER AND EMAIL ADDRESS) MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST.
9. To the fullest extent permitted by law, by entering, entrant agrees and acknowledges that any and all disputes, claims, action and causes of action arising out of or connected with this Sweepstakes or any prize awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of group or class action, and exclusively in a court of competent jurisdiction sitting in New York County, New York without regard for conflicts of law doctrine. By entering the Sweepstakes, entrant agrees to the personal jurisdiction of such courts and waives any right of change of venue, forum non conveniens, or the like. Entrant also does hereby waive the right to a trial by jury in any and all disputes, claims, actions, and causes of action arising out of or connected with this Sweepstakes or any prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes and never shall include consequential, incidental, multiplied or punitive damages, and in no event attorneys' or experts’ costs. Some jurisdictions do not allow the limitation, or exclusion, of liability for incidental or consequential damages, so the above may not apply to you.
10. The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Sweepstakes website, any marketing materials or these or the abbreviated Official Rules.
12. For a Winners List — send a self-addressed-stamped-envelope to The Japan Adventure, c/o The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 to be received by November 15, 2019. No mechanically reproduced or photocopied requests allowed. Only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. Entries mailed to this address will be discarded.
13. Sponsor/Administrator: This Sweepstakes is sponsored by Best Made Co., 168 7th St., 3rd Floor, Brooklyn NY 11213 and is administered by TMACO, LLC d/b/a The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
All trademarks are the property of their respective owners.
© 2019, The Marketing Agency. All rights reserved.