MASSAGE CHAIR GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF-OF-PURCHASE IS NECESSARY TO PARTICIPATE.
1. PROMOTION DESCRIPTION AND PERIOD:
The Massage Chair Sweepstakes (the “contest”) starts on March 22, 2019 at 12:00 AM Pacific Time (“PT”) and ends April 14, 2019 at 11:59 PM PT (the "Promotion Period"). During the Promotion Period, there is one (1) way to enter the Sweepstakes: participants are asked to submit their name and e-mail address from Aki-Home’s web page (each, a “Submission”) at https://aki-home.com/pages/contest-massage-chair. On or about April 15, 2019, one (1) winner will be randomly selected by a third-party promotion management service from among all eligible entries received for the applicable Sweepstakes, as further detailed below. Entry in the contest does not constitute entry into any other Sponsor promotion or sweepstakes.
Aki-Home 4655 Mills Circle, Ontario, CA 91764 (“Sponsor”). This promotion is in no way sponsored, endorsed, or administered by, or in association with, Twitter, Facebook, or Instagram.
PROMOTION OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND PUERTO RICO WHO ARE 18 YEARS OF AGE AND WHO HAVE REACHED THE AGE OF MAJORITY IN THEIR STATE OR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY. Officers, directors, agents, representatives and employees of Sponsor, its parent, subsidiaries, and affiliated companies, suppliers, vendors, distributors, retailers, sales representatives, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this promotion (collectively with Twitter and Instagram, the “Promotion Parties”) and the immediate family members (i.e., spouse, and parent, child, sibling, and their respective spouses, regardless of where they reside) of each and/or persons living in the same household of such individuals (whether related or not) are not eligible to participate. This Promotion is void in all U.S. territories and possessions (excluding Puerto Rico) and where otherwise prohibited by law.
4. HOW TO ENTER THE SWEEPSTAKES:
AKI-HOME SWEEPSTAKES: During the Promotion Period, you can enter the Aki-Home Sweepstakes by submitting your email address online via https://aki-home.com/pages/contest-massage-chair. Once submitted, you will be entered into the Aki-Home Sweepstakes.
Limit one (1) entry per person/household per Sweepstakes, regardless of Entry Method. Any individual who attempts to enter, or in the sole discretion of Sponsor is suspected of entering more than once or submits Submissions in excess of the disclosed maximum, by any means, including but not limited to establishing multiple email accounts, will be disqualified from participation in this Promotion. In the event of a dispute over the identity of an entrant, the entry will be declared made by the authorized holder of the email address submitted at the time of entry, and the entrant may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his/her email or postal address during the Promotion Period. Proof of submission of entry does not constitute proof of delivery or entry. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot, or Promotion service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. Sponsor shall have no liability for any Submission that is lost, intercepted or not received by Sponsor. The Promotion Parties shall not be responsible for incorrect or inaccurate entry information whether caused by Internet or other network users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion. The Promotion Parties assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Sponsor’s decisions are final and binding in all matters relating to this Promotion.
A random drawing will be conducted for the Sweepstakes on or about April 10, 2019 from among all eligible entries received for all Entry Methods combined for the Sweepstakes. Odds of winning depend on the number of eligible entries received for all Entry Methods combined for the applicable Sweepstakes. Non-winning, eligible entries from one Sweepstakes will not be included in any other Sweepstakes.
6. POTENTIAL WINNER NOTIFICATION:
Potential Prize Winner for each Sweepstakes will be notified by Sponsor whose decisions are final and binding on all matters relating to this Promotion. Sponsor will notify the Potential Prize Winners on or about April 12, 2019. Sponsor will attempt to notify the Potential Prize Winners as follows: If entry was submitted via Website Entry Form, attempts to notify potential winner will be made by Sponsor sending an email to the potential winner via the email address provided during the Sweepstakes Entry process. The potential winner must then reply to the Sponsor email within two (2) days of notification. Each potential Prize Winner is subject to eligibility verification and compliance with these Official Rules. Each potential Prize Winner may be required to execute a further Submission license or assignment, Statement of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents") within seven (7) days of notification in order to receive prize delivery. If any required information is not returned within the number of days specified in the notification correspondence, or if any notification is returned as undeliverable, then the prize may be forfeit and an alternate Prize Winner will be selected for the applicable Sweepstakes at the Sponsor’s sole discretion. Designation as a Prize Winner is subject to entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules, and approval by Sponsor.
Grand Prize (1): Vegeta Massage Chair (ARV:$599.99). The ARV of any prize listed is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules, and the date the prize is awarded or redeemed. If the actual purchase price of a prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Gift cards are subject to the terms and conditions printed thereon and imposed by issuer. Prizes are non-transferable. No cash alternative or prize substitutions allowed, except Sponsor reserves the right, in its sole discretion, to substitute a prize of comparable or greater value. Prizes may not be sold, bartered, or exchanged by a winner. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a prize, the winner acknowledges compliance with these Official Rules. ALL FEDERAL, STATE, OR OTHER TAX LIABILITIES ARISING FROM THIS PROMOTION ARE THE SOLE RESPONSIBILITY OF THE WINNERS; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. No more than the listed number of prizes will be awarded. All other expenses relating to acceptance of prize, including but not limited to taxes and any other expenses not specified herein are the sole responsibility of winner. Prize conditions may be added or modified by Sponsor, in its sole discretion. Limit one (1) prize per person/Email account/household for the entire Promotion.
7a. If a customer is unable to pick up the prize, the Sponsor may, at its discretion, offer a gift card to the winner based on the promotional value of the prize. The Sponsor is in no way obligated to make this offer to the winner.
7b. The Sponsor may, at its discretion, choose to offer drop-off delivery of the prize. In such instances, delivery will only be offered to the Sponsor’s typical delivery areas. If the delivery address is outside of the typical delivery area, at the Sponsor’s discretion, the customer may be able to select between paying for the difference of the delivery fee and picking up the prize at one of the store locations.
By entering into this Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects. These Official Rules are accessible from http://aki-home.com/promo-terms throughout the Promotion Period. Failure to comply with these Official Rules may result in disqualification. This Promotion is subject to the laws of the United States. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person; and void all associated entries. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. ENTRANT'S GRANT OF RIGHTS:
By participating in the Promotion, each entrant irrevocably grants Sponsor and its agents and successors and assigns a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Submission in any way, for any reason, and in any and all media (including but not limited to the Promotion Site), without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to modify and make derivative works of the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so called moral rights they may have therein. Sponsor shall have the right to freely sublicense its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
10. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION:
Each person who enters this Promotion represents and warrants as follows: (i) the Submission is the entrant’s own original work, or if the Submission or any component thereof is owned in whole or in part by anyone other than the entrant (for example, if the Submission was created by a photographer other than the entrant), the entrant has, prior to entry, obtained consent from the owner of such materials for the Submission to be entered in the Promotion and used by Sponsor as permitted hereunder ; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By entering, each entrant agrees to hereby indemnify and hold harmless the Promotion Parties from any and all third party claims, actions, proceedings or damages of any kind (including reasonable attorneys' fees) arising from, or relating to, the breach or alleged breach of the representations, warranties or agreements herein, your entry, or your conduct in creating your entry or otherwise in connection with this Promotion.
11. PUBLICITY RELEASE:
By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Parties and their respective successors, assigns, and licensees, the right to use such entrant's name, user name, likeness, image (including profile photo), and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Promotion Parties from any liability with respect thereto.
12. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Parties is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Promotion does not place the Promotion Parties in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission.
13. NO OBLIGATION TO USE:
Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
14. LIMITATIONS OF LIABILITY:
The Promotion Parties assume no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion or for miscommunications or for the incorrect or inaccurate capture of information, or the failure to capture any information; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers; (d) inaccessibility or unavailability of the Internet or any combination thereof; or (e) any injury or damage to the entrant’s or to any other person’s computer which may be related to or resulting from any attempt to participate in the Promotion or access or download any materials from the Promotion Site. Without limiting the generality of the foregoing. The Promotion Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion (or any portion thereof) if it determines, in its sole discretion, that the Promotion (or any portion thereof) is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion (or any portion thereof) as contemplated herein. In the event Sponsor is prevented from awarding any prize or continuing with the Promotion (or any portion thereof) as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Promotion (or any portion thereof). If the Promotion (or any portion thereof) is terminated before the designated end date, Sponsor will (if possible) select the winner(s) for the Sweepstakes at issue from all eligible, non-suspect entries received for such Sweepstakes as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
15. RELEASES/FORCE MAJEURE:
All entrants, as a condition of entry into the Promotion, agree that the Promotion Parties A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of a prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
16. GOVERNING LAW/JURISDICTION:
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA 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. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN THE STATE OF CALIFORNIA, U.S.A.
17. ARBITRATION PROVISION:
By participating in this Promotion, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Parties relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of a prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in California, U.S.A.; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply California law and United States law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
18. WINNERS LIST:
To request any legally required winners list, send an email with subject line: “Aki-Home April Massage Chair Sweepstakes Winners List" to firstname.lastname@example.org. Name of winner(s) is available at any time, after the Promotion Period ends. This Promotion is not sponsored, endorsed or administered by Twitter, Facebook, Google or Instagram.