ITO
EN HAIKU CELEBRATION OFFICIAL RULES, TERMS & CONDITIONS
NO
PURCHASE NECESSARY TO ENTER OR PARTICIPATE. A PURCHASE OF ANY KIND
WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
ELIGIBILITY:
The Haiku Celebration Hosted by
etown and Sponsored by ITO EN (the "Contest") is
open only to legal residents of the fifty (50) United States and the
District of Columbia, who are 18 years of age or older as of the time
of entry. Employees of Ito En, etown, Marden-Kane, Inc., their
employees, affiliates, subsidiaries, advertising and promotion
agencies, suppliers to Sponsor, immediate families and/or those
living in the same household of each are not eligible to participate.
All federal, state and local laws and regulations apply. Void where
prohibited by law. By participating, entrants agree to the Terms and
Conditions and the decisions of the Sponsor, which shall be final and
binding in all respects.
HOW
TO ENTER: The
Contest begins at 12:00:01 am
Eastern Time ("ET") on January 11, 2008 and ends at 11:59:59 pm
ET on August 31, 2008 (the "Submission Period"). To participate
in the Contest you must submit a haiku (a poem composed of three (3)
unrhymed lines of five (5), seven (7) and five (5) syllables,
respectively) to etown at www.etown.org/haiku (the "Submission").
The Submission and/or email accompanying the Submission must contain
your complete name and daytime and evening phone numbers. Entries
must be complete in order to be eligible.
SUBMISSION
REQUIREMENTS: Submissions
that do not conform to the following rules will not be accepted:
The
Submission must be the original work of entrant, meaning it must
have been created by the entrant, must be owned by entrant, and it
must not infringe upon the intellectual property rights or any other
legal or moral rights of any third party. Modifying, enhancing or
altering a third party's pre-existing work does not qualify as
entrant's original work;
The
Submission must not have been previously published or accepted for
publication and is not currently under consideration for publication
nor submitted in any other competition;
The
Submission must be submitted in English;
The
Submission must be in keeping with Sponsor's image and may not be
offensive, as determined by Sponsor in its sole discretion;
The
Submission cannot defame or invade publicity rights or privacy
rights of any person, living or deceased, or otherwise infringe upon
any person's personal or proprietary rights. Any entrant whose
Submission includes the name of a third party or element not owned
by the entrant, must be able to provide legal release for
unrestricted use of all Third Party Elements by Sponsor in a form
satisfactory to Sponsor at the time of notification the Entrant's
Haiku has been selected to be on an Ito En product.
Failure
to adhere to these rules, or otherwise violating the law in any way,
may result in the Sponsor refusing to accept the Submission.
Limit:
one (1) entry per person/e-mail address per day throughout the
Submission Period.
SELECTION
PROCESS: All eligible
Submissions will be reviewed by a panel of qualified judges
comprising of staff members from Ito En, etown and others. Two (2)
winners will be determined on a monthly basis from entries received
during that month from January through May, and one (1) winner will
be determined on a monthly basis from entries received during that
month from June through August for a total of 13 winning submissions.
Winning Haiku's will be determined, and winners notified on the
following schedule:
|
ENTRY
DATES
|
WINNER
SELECTION DATES
|
NUMBER
OF WINNERS DETERMINED
|
WINNER
NOTIFICATION DATES
|
|
1/11/08
– 1/31/08
|
2/8/08
|
2
|
2/11/08
|
|
2/1/08
– 2/29/08
|
3/10/08
|
2
|
3/11/08
|
|
3/1/08
– 3/31/08
|
4/10/08
|
2
|
4/11/08
|
|
4/1/08
– 4/30/18
|
5/9/08
|
2
|
5/12/08
|
|
5/1/08
– 5/31/08
|
6/10/08
|
2
|
6/11/08
|
|
6/1/08
– 6/30/08
|
7/10/08
|
1
|
7/11/08
|
|
7/1/08
– 7/31/08
|
8/8/08
|
1
|
8/11/08
|
|
8/1/08
– 8/31/08
|
9/10/08
|
1
|
9/12/08
|
The
thirteen (13) most appealing Submissions will be selected to be
featured for approximately three (3) to five (5) years on an Ito En
product of Sponsor's choosing.
VERIFICATION:
Entrants who's
Submissions are selected will be notified via telephone or email, to
be determined at Sponsor's discretion, on or about the dates listed
in the above chart. Selected entrants are subject to verification,
and must meet all eligibility requirements before an entrant's
Submission can be used by Ito En. Once receiving notification of the
Submission's selection, the entrant must sign and return to Sponsor
the Submission Release Form within fourteen (14) days of receipt. In
the event of noncompliance, if the selected entrant cannot be
reached, or if the notification is returned as unclaimed or is
undeliverable, the selected entrant may be disqualified and an
alternate winner will be selected. Failure to comply with any
request for documents may result in forfeiture of Finalist status and
selection of an alternate winner.
PRIZES:
There are no prizes being
awarded as a result of an entrant's Submission being used on an Ito
En product.
COPYRIGHT/RIGHT
OF PUBLICITY: Uploading
a Submission constitutes a transfer and assignment to Sponsor of all
right, title and interest in the Submission, including the right to
use, copy, sublicense, edit, modify, make derivative works, publish,
exploit, transmit, distribute, publicly perform, publish, delete or
display the content of and elements embodied in the Submission and
the Submission itself, in whole or in part, in perpetuity in any and
all media (whether now existing or hereafter devised) without
limitation or acknowledgement. Furthermore, by uploading a
Submission, Entrant grants to Sponsor an unconditional right to use
entrant's name, city, state, ideas, and statements about the
Submission for advertising/publicity purposes without review or
additional compensation, except where prohibited by law.
GENERAL
CONDITIONS: Sponsor
reserves the right to cancel, suspend and/or modify the Contest, or
any part of it, if any fraud, technical failures or any other factor
beyond Sponsor's reasonable control impairs the integrity or proper
functioning of the Contest, as determined by Sponsor in its sole
discretion. In such event, Sponsor reserves the right to award the
prizes at random from among the eligible entries received up to the
time of the impairment. 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 Contest or to be
acting in violation of these Official Rules or any other promotion or
in an unsportsmanlike or disruptive manner. Any
attempt by any person to deliberately undermine the legitimate
operation of the Contest may be a violation of criminal and civil
law, and, should such an attempt be made, Sponsor reserves the right
to seek damages from any such person to the fullest extent permitted
by law. Sponsor's
failure to enforce any term of these Official Rules shall not
constitute a waiver of that provision.
LIMITATION
OF LIABILITY: Ito En,
etown, Marden-Kane, Inc., their affiliates, subsidiaries, employees,
officers, directors, and assigns 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 Contest; (2) technical failures of any kind,
including but not limited to telephone system outages; (3)
unauthorized human intervention in any part of the entry process or
the Contest; (4) technical or human error which may occur in the
administration of the Contest 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 entry
into the Contest or receipt or use or misuse the prize. If for any
reason an entrant's Submission is confirmed to have been erroneously
deleted, lost, or otherwise destroyed or corrupted, entrant's sole
remedy is another entry in the Contest.
DISPUTES:
Except where prohibited, entrant agrees that: (1) any and all
disputes, claims and causes of action arising out of or connected
with this Contest shall be resolved individually, without resort to
any form of class action, and exclusively by the United States
District Court for the Southern District of New York or the
appropriate New York Superior Court with jurisdiction in Brooklyn,
New York; (2) any and all claims, judgments and awards shall be
limited to actual out-of-pocket costs incurred, including costs
associated with entering this Contest, but in no event attorneys'
fees; and (3) under no circumstances will entrant be permitted to
obtain awards for, and entrant hereby waives all rights to claim,
indirect, punitive, incidental and consequential damages and any
other damages, other than for actual out-of-pocket expenses, and any
and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the
rights and obligations of the entrant and Sponsor in connection with
the Contest, shall be governed by, and construed in accordance with,
the laws of the State of New York, without giving effect to any
choice of law or conflict of law rules (whether of the State of New
York or any other jurisdiction), which would cause the application of
the laws of any jurisdiction other than the State of New York.
WINNERS
LIST: For the winner list,
send a hand-written request to The
Haiku Celebration, c/o
Marden-Kane, 36 Maple Place, Manhasset, NY 11030. Requests must
be received by December 1, 2008.
PRIVACY:
The personal information
you submit when you enter the Contest is collected by Sponsor and
will be subject to Sponsor's Privacy Statement ("Statement"),
which can be round at www.itoen.com.
SPONSOR:
Ito En North America Inc., 45 Main Street, Suite 3A, Brooklyn, NY
11201.