Monster Strike Anime Japan Trip Contest
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States or not currently located in the United States. Void in Guam, the U.S. Virgin Islands and Puerto Rico. Void where prohibited by law. Further eligibility restrictions are contained in the Official Rules below.
1. DESCRIPTION: The “Monster Strike Anime Japan Trip Contest” is a sweepstakes in which entrants will tweet with a hashtag #MonstAnimeTrip or email to [email protected] with their own original drawing of either an original monster or one from Monster Strike anime for a chance to win a trip to Japan (the “Trip”). The winners will be selected by Mixi, Inc. The sponsors of this Sweepstakes are Ellation, Inc. 835 Market St. Suite 700, San Francisco USA 94103 and Mixi, Inc., Sumitomo Fudosan Shibuya First Tower 7F, 1-2-20 Higashi, Shibuya-ku, Tokyo, 150-0011, Japan (“Sponsors”).
The Sweepstakes will take place as follows:
Entry Period: The Sweepstakes Period begins on Friday, May 19, 2017 (“Start Date”) at 12:01 am Pacific Time (“PT”) and ends on Sunday, May 28, 2017 at 11:59 pm PT (the “Entry Period”). Potential Winner Notification: The potential winners will be contacted on or about June 9, 2017, per the description in Section Six (6) of the Official Rules.
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States, Washington, D.C. (i.e., excluding Guam, Puerto Rico and all other U.S. territories and possessions), who are physically located and residing therein and who are at least Twenty (20) years of age and have reached the age of legal majority in their jurisdiction of primary residence at time of Entry (“Entrant”). This Sweepstakes is not intended to solicit purchase of any materials required for play. Each Entrant must have a Passport that is valid through January of 2018 and be able to travel from the U.S. to Japan on July 7, 2017 and back to the U.S. on July 11, 2017, or such alternate dates as decided by the Sponsors. Ability to travel includes ability to obtain any and all VISAs and medical clearances if required. Each Entrant must be the rightful owner of the Twitter or email address identified in the Entrant's Entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the Twitter or email account associated with the provided Twitter or email address was opened. Employees, shareholders, officers, directors, agents, contractors and representatives of Sponsors and each of it’s respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the Immediate Family Members and/or Household Members (both as defined below) of such persons, are not eligible to participate in the Sweepstakes. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Sweepstakes void where prohibited.
3. HOW TO ENTER: NO PURCHASE NECESSARY. Internet access required. During the Entry Period, Entrants must tweet with a hashtag #MonstAnimeTrip or email to [email protected] with their own original drawing of either an original monster or one from Monster Strike anime (Entrants may submit either computer generated or an image of hand drawn or physically made drawing) for a chance to win (“Entry”). Limited to one (1) Entry per person for the duration of the Entry Period. Entrants must provide all information requested to be eligible to win.
All Entrants must tweet by posting the picture and add the hashtag #MonstAnimeTrip or email to [email protected] by 11:59 pm PT on Sunday, May 28, 2017. Entrants who provide Entries which violate any of these requirements may be deemed ineligible to participate in the Sweepstakes or receive the prize and their Entry may be void at the Sponsors’ sole discretion. Sponsors reserve the right to disqualify, in their sole and absolute discretion, any Entries deemed inappropriate or that do not comply with the Sweepstakes Official Rules. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.
4. WINNER SELECTION: All valid entries submitted on or before 11:59 pm PT, on Sunday May 28, 2017 (the “Cutoff Date”) will be eligible for selection to take place between May 30, 2017 and June 9, 2017. Entries will be deemed “submitted” when an Entrant, after tweeting to #MonstAnimeTrip or sending an email to [email protected] by including a picture or computer generated image of their own drawing of a monster. Any Entry submitted after the Entry Period will not be eligible. The prizes will be awarded to the entrants who are selected by producer of the anime “Monster Strike” and/or the mobile game, or other judge as selected by Sponsor. If either chosen winner cannot travel, does not complete the Prize Claim Documents, or is otherwise ruled ineligible at Sponsors’ sole discretion, then an alternate winner may be chosen. Odds of winning will be determined by the number of valid entries received. Sponsors cannot accurately predict the number of Entrants who will participate in the Sweepstakes nor the odds of winning. The winners will be notified by either direct message to the Twitter address or the email address entrant used to register.
Two (2) winners will receive a 5-day /3-night trip to Tokyo, Japan from July 7, 2017 to July 11, 2017 to attend an Anime & Game event (July 9, 2017), a tour at an Anime studio, and a tour at the Mixi Inc.
The Trip consists of the following:
(a) Round-trip coach class airfare for the winner from a major U.S. airport with regularly scheduled commercial flights closest to the winner’s permanent residence to a Tokyo area airport (ARV $2,000)
Winners will be expected to provide their own transportation to the nearest U.S. major airport;
(b) three (3) nights hotel accommodation for the winners at a hotel selected by the Sponsors (one room, single occupancy, room & tax only) (ARV $600); and
(c) One (1) ticket to Anime & Game event (ARV $30);
(d) Transportation (ARV $70)
(e) estimated food (ARV $250)
Approximate Retail Value (“ARV”) for each grand prize to be awarded in the Sweepstakes: $2,950.
Winners are permitted to bring one guest but must pay for all costs of the guest including without limitation airfare and additional costs for hotel, transportation and food. Winners and their guests are responsible for all other costs they incur on the Trip that are not listed above, including without limitation travel, travel changes, purchases, food, and entertainment.
All prize details are at the sole discretion of the Sponsors. Each winner cannot assign or transfer the prize to another person. Cash alternative is allowed only at the sole discretion of Sponsors. If a prize cannot be awarded due to circumstances beyond the control of Sponsors, a substitute prize of equal or greater retail value may be awarded. If a winner cannot accept a prize, or any portion thereof, as stated, the prize may be forfeited or offered to another entrant at the sole discretion of Sponsors. The value of the prize represents Sponsors’ good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. All other expenses and costs, not expressly listed above, including, but not limited to, taxes, tips, entertainment and transfers, cost of a guest, are winner’s sole responsibility. Grand Prize value depends on winner’s place of residence and cost and availability of airfare and hotel at time of booking and travel and may be higher or lower than the stated ARV. Failure to travel on the dates specified by the Sponsors may result in forfeiture of the prize. Each winner will be solely responsible for all federal, state and/or local taxes, as applicable, and for any other fees or costs associated with the prize they receive. The stated ARV of the prizes is based on available information provided to Sponsors and the value of the prize awarded will be reported for tax purposes as required by law. Winners must provide Sponsors with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name(s) of the Winner(s) for the actual value of the Prize received. Other restrictions may apply. If prize is awarded but goes unclaimed or is forfeited by recipient, the prize may not be re-awarded, in Sponsors’ sole discretion.
The Winners agree that they undertake the Trip at their own risk. Failure to do so will result in forfeiture of prize. Guest must complete a travel guest liability/publicity release prior to the Trip. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, the Winners will be charged full fare from stopover point for the remaining segments, including return, of the Trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. Sponsors are not responsible if the Winners are denied access to any aircraft or entry/re-entry into destination country or originating country. In such an event, the Winners will be solely responsible for any expenses incurred and the prize may be forfeited, in whole or in part. The Winners must comply with all hotel check-in requirements including, without limitation, the presentation of a major credit card. ARV for travel prizes may vary depending upon points of departure and destination and fare fluctuations. The Winners will not receive cash or any other form of compensation if actual travel costs are less than the prize ARV in these Official Rules. Sponsors reserve the right to structure the travel route and select hotels in its sole discretion. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles.
Trip Conduct: The Winners and their guest shall conduct themselves with due regard to the public conventions and morals. The Winners and their guest shall not, while representing the Sponsors during the Trip, commit an offense involving moral turpitude under local laws or ordinances. Each Winner shall not commit any act that will tend to degrade the Sponsors in society or bring the Sponsors into public hatred, public disrepute, contempt, scorn, or ridicule or that will tend to shock, insult or offend the community or public morals or decency or prejudice the Sponsors. In the event the Winners or their guest engages in behavior that (as determined by Sponsors in their sole discretion) is obnoxious or threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, the Sponsors reserve the right to terminate the Trip early and send the Winners home with no further compensation.
6. POTENTIAL WINNER NOTIFICATION: Each potential winner will be contacted via email and/or Twitter direct message on or about Friday, June 9, 2017. Each potential winner will be required to respond as directed to the notification WITHIN 24 HOURS or the Entrant may be disqualified and a new potential winner will be selected according to the Official Rules, who will be subject to disqualification in the same manner. Sponsors reserve the right to disqualify anyone not fully complying with the Official Rules. Potential winner will be required to verify address and complete, sign, and return within seventy-two (72) hours an affidavit of eligibility or declaration of eligibility/compliance (as applicable), a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsors in their sole discretion (collectively, the "Prize Claim Documents") covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of the individual who submitted the Entry that received the next highest number of points as a new potential winner (and who will be subject to disqualification in the same manner). The Winner’s guest will be required to return a guest eligibility/liability release and, unless prohibited by law, a publicity and media release. Each Winner and their guest must have a Passport that is valid through January of 2018 and be able to travel from the U.S. to Japan on July 7, 2017 and back to the U.S. on July 11, 2017, or such alternate dates as decided by the Sponsors. Ability to travel includes ability to obtain any and all required VISAs. Winners and their guests must be in good health at the time of travel.
7. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Sweepstakes, Sponsors reserve the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes. Sponsors cannot accurately predict the number of Entrants who will participate in the Sweepstakes nor the odds of winning.
8. MATERIALS/RIGHTS IN ENTRIES: In consideration of the Entry being reviewed and evaluated for this Sweepstakes, each Entrant irrevocably grants, transfers, sells, assigns and conveys to Sponsors, their successors and assigns, all present and future full and free right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Entry and or any portion thereof for use and exploitation in any form, format or order alone or in conjunction with any other material for broadcast, duplication, and advertising, by means of any and all media and devices whether now known or hereafter developed or devised worldwide and in perpetuity, including to the extent applicable (a) any information, biographical data, and material (e.g., the “creative” file or Entry) submitted by Entrant in connection with the Sweepstakes; and (b) all graphics, statements, and quotations of or by Entrant and furnished by Entrant as part of this Sweepstakes, including the Assignment Materials (the “Material”). Each Entrant understands that his or her name and Material may be posted on the Sweepstakes Website, on social media sites or elsewhere in connection with Sweepstakes and other marketing and promotions of the Sponsors. Entrant agrees that the Sponsors have no obligation to use an Entry or any Material. The Sponsors shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter any part of the Material for any purpose which the Sponsors deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. Each Entrant hereby acknowledges that such Entrant does not reserve any rights in or to the Material. Each Entrant agrees and acknowledges that participation in the Sweepstakes, including, without limitation, the Entrant’s decision to provide the Entry to Sponsors for purposes of the Sweepstakes, shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, or other special relationship between the Sponsors and Entrant, does not place the Sponsors 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 Entry, and that the only contracts, express or implied, between the Sponsors and Entrant is as set forth in these Official Rules and any release forms signed by the Entrant. In addition, by participating in the Sweepstakes and providing a Entry, each Entrant hereby grants permission (except where prohibited by law) for the Sponsors to use Entrant’s Entry, name, likeness, voice, quotes, comments, biographical information, photograph and/or image for the purpose of advertising, trade, or promotion without further notice, compensation or consideration in any and all media now known or hereafter developed throughout the universe.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant understands and acknowledges that the Sponsors have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Entry and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Sponsors’ use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsors do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Sponsor’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry or any other production based on or allegedly based on the Entry, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. RIGHTS OF SPONSORS/ DISCLAIMER OF LIABILITY: By entering or participating in this Sweepstakes, Entrants waive the right to claim any ambiguity or error in the Official Rules or in the Sweepstakes itself. Sponsors reserve the right to modify these Official Rules, in whole or in part, at any time and without notice or obligation for clarification purposes without materially affecting the terms and conditions of the Sweepstakes, if, in Sponsor's sole opinion, any factor interferes with its proper conduct as contemplated by these Official Rules. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 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.
Sponsors, shall have the right and sole discretion to edit, to refuse to publish or cease to publish any Entry whatsoever which it finds to be in violation of these Official Rules, does not fully comply with all of Sponsors requirements in connection with any and all legal clearance issues, or which it finds in its sole discretion to be otherwise objectionable for any reason. Sponsors also reserves the right to replace the winning Entry with the Entry of an alternate eligible Entrant in accordance with these Official Rules if such Entry and/or Entrant is withdrawn from or removed from the Sweepstakes for any reason, including without limitation, Entrant’s failure to have documents executed as directed by the Sponsors. Sponsors also reserve the right, in their sole discretion, to adjust times and dates reflected in the Description Section of the Official Rules at any time and/or to terminate the Sweepstakes for any reason in the event that there is an error, problem or cause which impacts the operation, administration or security of the Sweepstakes or the Sponsors and, in such situation, to select the winner(s) from the eligible Entries received prior to the action taken or in such manner as deemed fair and appropriate by Sponsors. The Sponsors are not responsible for any materials provided by Entrants that are deemed harmful or offensive to others or for any harm incurred as a result of the Entry creation. The Sponsors are not responsible in any way for any injury, loss or damage that occurs as a result of an opinion expressed or information provided in connection with the Sweepstakes. The Sponsors make no warranties, express or implied, as to the content or the accuracy or reliability of any information or statements contained in any Entry. All statements and opinions made by Entrants are those of such Entrants only, and the Sponsors neither endorse nor shall be held responsible for the reliability or accuracy of the same. Sponsors are not responsible for the content or practices of third party Web sites that may be linked to the Sweepstakes Website. This site may also be linked to Web sites operated by companies affiliated with Sponsors. Visitors to those sites should refer to each site’s separate privacy policies and practices.
11. WARRANTY: It is an express condition of Entry and eligibility that each Entrant warrants and represents that Entrant’s Entry is solely owned by Entrant and solely created by Entrant for the purpose of entering this Sweepstakes, and that no other party has any rights or interest in the Entry. Entrant further represents and warrants that the Entry and any use thereof by the Sponsors, and each of it’s parent companies, subsidiaries and affiliates in connection with programming, advertising, promotion and publicity, shall not infringe upon any statutory or common law copyright and shall not constitute a defamation, or invasion of the right of privacy or publicity, or infringement of any other right of any kind of any third party.
12. RELEASE: By participating, each Entrant agrees that the Sponsors and each of their agents, representatives, parent companies, affiliates, subsidiaries, units and sponsors, divisions and advertising and promotional agencies and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, each of their respective employees, shareholders, officers, legal advisors and directors; and each of these companies and individuals' respective successors, representatives and assigns (“collectively, the “Released Parties”) are not responsible or liable for, and shall be released and held harmless from: (i) late, lost, delayed, damaged, incomplete, illegible, unintelligible, misdirected or otherwise undeliverable mail, email, or tweets, postage-due notices, release forms, affidavits or other correspondence; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind; (iii) any condition caused by events beyond the control of the Released Parties that may cause the Sweepstakes to be disrupted or corrupted; (iv) any printing, human, typographical or other errors or ambiguities in (or involving) any materials associated with the Sweepstakes; (v) any and all losses, damages, rights, claims and action of any kind in connection with or resulting from participation in the Sweepstakes; (vi) acceptance, possession, or use of any grant, including without limitation, personal injury, death and property damage arising there from; and (vii) claims based on publicity rights, defamation or invasion of privacy. Sponsors reserve the right, subject to any governmental approval which may be required, to modify, suspend, or terminate the Sweepstakes, to suspend or cancel the Sweepstakes at any time for any reason, including, without limitation, if a computer virus, bug or other technical problem corrupts the administration, security, or proper conduct of the Sweepstakes, strikes, lock-outs, acts of God, alien invasions, zombie apocalypse, artificial intelligence take-over or robot ascension, technical difficulties, and other events not within the reasonable control of Sponsors. Sponsors reserve the right, at their sole discretion, to prohibit any Entrant from participating in the Sweepstakes or to disqualify any individual they find, in their sole determination, to be tampering with the Entry process or the operation of the Sweepstakes; to be attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or any other unfair playing practices; to be acting in violation of the Official Rules; or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Sponsors may suspend or discontinue the Sweepstakes if, in their sole opinion, there is any actual or suspected tampering of the Sweepstakes, or any other malfunction, event or activity that may affect the integrity of the Sweepstakes. SPONSORS SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS SWEEPSTAKES.
13. INDEMNITY: Entrant shall indemnify, defend and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorneys’ fees, arising out of or in connection with any third party action arising out of or in connection with (i) Entrant’s participation in the Sweepstakes, (ii) a breach or allegation which if true would constitute a breach, of any of Entrant’s representations, warranties or obligations herein, and/or (iii) acceptance, possession, or use of any prize or travel related to such prize, including without limitation, personal injury, death and property damage arising there from.
14. DISPUTES: This Sweepstakes is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this Sweepstakes, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.
15. ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsors. 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 participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsors’ individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
17. WINNERS/OFFICIAL RULES: To obtain a copy of the Winner list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to “Monster Strike Anime Japan Trip Contest” Winners/Rules, 835 Market Street, Suite 700, San Francisco, CA 94103. Requests for the names of the winners must be received no later June 30, 2017. Residents of Vermont may omit return postage.
AWW you have to be 20? I'm gonna be 20 next year