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haiku celebration

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.


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