2018 KINOKUNIYA USA TOTE BAG DESIGN CONTEST
TERMS AND CONDITIONS
By entering, you (or applicant) represent and warrant that you agree to be bound by these Terms and Conditions. You must accept the decisions of the Contest made by KINOKUNIYA BOOK STORES OF AMERICA CO. LTD. (hereunder referred to as “KINOKUNIYA USA”).
1. Eligibility. Applicants must be the age of majority or older at the time of entry. Proof of age may be required. The Contest is not open to employees of KINOKUNIYA USA or its affiliates, nor their immediate family and/or household members.
2. How to enter. Create an original graphic using no more than 4 colors. For any digital designs, the final format must be in an ai or eps format. Your design may include the phrase “Book Journey”, and may have a corresponding original image. During the Entry Period, take a photo of your original design (the "Design") and post it to Instagram. Tag it with “#KinoTote2018” and mention “@KinokuniyaUSA” in your post.
No more than one (1) Design shall be submitted. All entries shall become the property of KINOKUNIYA USA upon receipt and will not be acknowledged or returned.
3. Design Requirements. The Design shall comply with the following requirements: (i) the Design shall not show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character; (ii) the Design shall be applicant's own original work, created solely by applicant and not created professionally; shall not have been previously published, released or distributed in any form; shall not have won any award; and shall not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iii) the Design shall not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (iv) the Design shall not promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (v) the Design shall not in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about KINOKUNIYA USA, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which KINOKUNIYA USA is or wishes to be associated, as determined by KINOKUNIYA USA in its sole discretion; (vi) the Design shall not contain any personal identification, such as personal names, email addresses or street addresses; and (vii) the Design shall not depict and shall not itself be in violation of any law.
KINOKUNIYA USA reserves the right, in its sole discretion to disqualify any Design that KINOKUNIYA USA determines, in its sole discretion, does not comply with any of these Terms and Conditions or that otherwise contains prohibited or inappropriate content. KINOKUNIYA USA reserves the right to disqualify any entry which it determines, in its sole discretion, is a copy of existing design, or is otherwise inappropriate.
4. Grant of Rights. Each applicant hereby irrevocably grants KINOKUNIYA USA nonexclusive, perpetual, nontransferable, royalty-free license to use and display his/her Design in connection with the Contest in any and all media channels. Winners hereby assigns to KINOKUNIYA USA all ownership rights to his/her Design and agrees to execute any and all documents deemed necessary by KINOKUNIYA USA to effectuate such assignment.
5. Representations and Warranties/Indemnification. Each applicant represents and warrants that(i) the Design is applicant's own original work, created solely by applicant, and has not been previously produced, published, distributed or otherwise exploited; (ii) the Design, as of the date of entry, is not the subject of any actual or threatened litigation or claim; (iii) the Design does not violate or infringe the intellectual property rights or other rights of any other person or entity, including, but not limited to, copyright or trademark; and (iv) the Design does not violate any applicable laws. Each applicant hereby agrees to indemnify, defend and hold KINOKUNIYA USA and its parent, subsidiaries, affiliates, agents, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties or representations of applicant hereunder.
6. Selection of Winners. On or about September 7, 2018, KINOKUNIYA USA will select one (1) first-prize winner (the “Winner”) and three (3) runner-up winners based upon the following criteria: (i) the best embodiment of the selected Design theme; and (ii) the best representation of, and synchronicity with KINOKUNIYA USA brand. The Decisions so made are final. Winners will be notified using the information provided on their entry forms.
7. Prize. The Winner will receive: one (1) $500.00 Kinokuniya USA gift card; and each of three (3) runner-up winners will receive $50.00 gift cards. The Winner‘s Design will be used on a tote bag produced by Kinokuniya USA for purpose of marketing, sale and promotion of KINOKUNIYA USA’s business and products. Total approximate retail value ("ARV") of all prizes in this contest is $650.00. KINOKUNIYA USA gift card is valid only in-store or online at www.kinokuniya.com/us/ . KINOKUNIYA USA gift cards are subject to its own terms and conditions. Winners are responsible for any applicable federal, state and local taxes arising from the receipt of the prizes. Any portion of the prize not accepted or unclaimed and/or unused by any of the winners will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of the prize or any part of the prizes is permitted. Prizes may not be exchanged or returned. In the event the ARV of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. ARV of all prizes is in U.S. dollars. Winners will not receive any other form of compensation of any kind.
8. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, a winner's acceptance of prize constitutes the winner's consent for KINOKUNIYA USA and any of its designees to use and/or publish the winner's full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by the winner regarding the Contest or KINOKUNIYA USA, worldwide and in perpetuity for any and all marketing purposes, including, but not limited to, advertising, trade and/or promotion on behalf of KINOKUNIYA USA, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, YouTube or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. By entering the Contest, applicants will be sharing their personal information with KINOKUNIYA USA and personal information collected by KINOKUNIYA USA will be used only for administration of the Contest and awarding the prize.
9. No Tampering, Right To Cancel, Modify. KINOKUNIYA USA and its parent, subsidiaries, affiliates, agents, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to applicants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate any of the Terms and Conditions; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by KINOKUNIYA USA, in whole or in part, due to computer, human or technical error of any kind; (c) applicants who have committed fraud or deception in entering the Contest or claiming the prize; (d) malfunctions, failures or difficulties of telephone, electronic, hardware, software, network, Internet or computer ; (e) any inability of a winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond KINOKUNIYA USA's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or prize related activities. KINOKUNIYA USA reserves the right, in its sole discretion, to disqualify any applicant it finds to be (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of the Terms and Conditions; or (c) entering or attempting to enter the Contest multiple times through the use of multiple e-mail addresses or the use of any robotic or automated devices to submit entries. If KINOKUNIYA USA determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, KINOKUNIYA USA reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest, and in case of such termination, award the prize based upon the criteria set forth hereinabove from all eligible entries received as of the termination date. If the Contest is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Entry Period, notice will be posted at the Website.
10. Other general terms: By participating in the Contest, applicants and winners agree to release KINOKUNIYA USA and their respective parent, subsidiaries, affiliates, agents, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, entry or otherwise participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. The Released Parties assume no responsibility for any injury or damage to applicants or to any other person's computer, regardless of however caused, relating to or resulting from entering this Contest. Applicants and winners acknowledge that KINOKUNIYA USA does not make any warranty or representations express or implied, relating to any prize or any part of the Contest. Except where prohibited, all issues concerning the validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of applicants, winners, or KINOKUNIYA USA 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 conflict of law rules. In addition, any dispute relating to the Contest (including these Terms and Conditions) shall be brought in the appropriate federal court having jurisdiction over the subject matter located in New York City, New York. Applicants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non convenience or lack of personal jurisdiction that they may have.