Yoshinoya America, Inc. “Clam Chowder for a Year” Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR AFFILIATES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The sponsor of the “Clam Chowder for a Year” Sweepstakes (the “Sweepstakes”) is Yoshinoya America, Inc. (991 Knox Ave., Torrance, CA 90502) (the “Sponsor”). The Sweepstakes entry period begins at 12:01 a.m. Pacific Time (“PT”) on February 22, 2021 and ends on February 28, 2021 at 11:59:59 p.m. PT (the “Entry Period”). Sponsor’s computer will serve as the official time keeping device for the Sweepstakes. This Sweepstakes is governed by the laws of the United States. Void where prohibited.
1. ELIGIBILITY:
The Sweepstakes is only open to individuals who are at least eighteen (18) years of age on the date of entry and a legal resident of and physically residing in California State. Yoshinoya America, Inc. and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, franchisees, licensees, distributors, advertising, promotion and public relations agencies and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (all such individuals and entities collectively referred to herein as the "Sponsor Affiliates"), employees of Sponsor or Sponsor Affiliates, the immediate family members of such employees and persons living in the same household as such employees (whether related or note) are not eligible to participate in the Sweepstakes and/or win a Prize (as defined below). For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, parent, in-laws, grandparent, brother, sister, children and grandchildren.
2. HOW TO ENTER:
There are two methods to enter this Sweepstakes:
- Order clam chowder through a registered account on the Yoshinoya app between February 22-28, 2021
- Send a self-addressed stamped envelope to Yoshinoya Support Center, Attn: Marketing / Clam Chowder Sweeps, 991 Knox St, Torrance, CA 90502 by February 28th
3. WINNERS/PRIZES:
One (1) Grand Prize Winner (“Grand Prize Winner”) selected by Yoshinoya America, Inc. in a random drawing from all eligible entries received during the Entry Period will receive one
(1) Prize consisting of the following:
- Fifty two (52) bowls of Clam Chowder, redeemable through the Yoshinoya app only. One bowl valid per week.
- Approximate retail value (ARV): $117.00
Decisions made by Sponsor are final and binding in all matters, including interpretation of these Official Rules and awarding of each Prize, and cannot be appealed. No substitutions of the Prize are offered, except that Sponsor reserves the right in its sole discretion to substitute a Prize(s) or any portion of a Prize(s) for a prize(s) of equal or greater value. No transfer of a Prize(s) to a third party is permitted and the cash value of a Prize(s) will not be awarded in lieu of a Prize where it applies, except in Sponsor’s sole discretion. Any applicable federal, state and local taxes, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of each Winner (as applicable). The value of Grand Prize set forth above represents Sponsor’s good faith determination of the ARV thereof. That value is final and cannot be appealed. Any difference between the ARV and the actual value of a Prize will not be awarded in cash.
4. SELECTION OF SWEEPSTAKES WINNERS
Sponsor shall select (1) Grand Prize Winner on or around March 1, 2021 via a random drawing conducted by Sponsor, from among all eligible entries received during the Entry Period at a time and at a place selected in Sponsor’s sole discretion. Each potential winner of the Sweepstakes Prizes will be notified via email or direct message on social account on or about the day of the drawing that he or she, subject to verification, is a Grand Prize Winner of the Prize. If the potential Winner, upon Sponsor’s first attempt to reach him/her: (i) cannot be reached after one attempt at notification, (ii) fails to respond promptly; or (iii) declines the Prize, an alternate Winner may be selected in Sponsor’s sole discretion. If the potential winner, within twenty-four (24) hours of Sponsor’s Prize notification, (i) fails to return a completed affidavit of eligibility, liability/publicity release, or other documents(s) as required by Sponsor via email or fax, (ii) fails to provide Sponsor with a copy of his/her valid government issued photo identification via email or fax or (iii) is found to be ineligible, an alternate potential Grand Prize Winner may be selected in Sponsor’s sole discretion. Sponsor reserves the right to modify the notification and affidavit/release procedures in connection with the selection of an alternate potential Grand Prize Winner, if any.
5. LIMITATION ON LIABILITY/DISCLAIMER:
All entries must be completed in full in order to be eligible. Any attempted form of entry other than as described herein is void. Entries generated by a script, macro or other automated means will be disqualified. No mechanical reproductions, alterations, or forged entries allowed. Incomplete, illegible, and corrupted entries are void. Sponsor reserves the right, in its sole discretion, to disqualify any individual (and his/her entry) who tampers with the entry process.
Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain a Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law. All federal, state and local laws and regulations apply. Each Sweepstakes entrant further agrees to not knowingly: damage or cause interruption of the Sweepstakes; prevent others from using the Sweepstakes; or obtain or modify another user's account information without such user’s consent.
CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY SWEEPSTAKES ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor is not responsible for lost, late, incomplete, destroyed, forged, damaged, tampered with, mass machine generated, unintelligible, incomprehensible, misdirected entries, otherwise not in compliance with these Official Rules or mail related to or resulting from participation in the Sweepstakes. Sponsor is also not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed software transmissions which may limit an entrant’s ability to participate in the Sweepstakes or damage to user’s computer system as a result of participation in the Sweepstakes or downloading any information necessary to participate in the Sweepstakes. Sponsor is not responsible for any human error or typographical errors in any Sweepstakes materials. Sponsor reserves the right in its sole discretion to cancel or modify the Sweepstakes if the Sweepstakes is not capable of running as planned, including, without limitation, any computer virus, malfunction, tampering, unauthorized intervention, fraud, technical failure or other cause beyond its control which corrupts, threatens or adversely affects the administration, security, fairness, integrity or proper operation of the Sweepstakes.
As a condition of entry, entrants agree to be bound by these Official Rules and the decisions of the Sponsor. Except where prohibited by law, by accepting a Prize, you consent to (i) the use of your name, voice, picture, likeness and biographical data and/or any other information contained in your entry in advertising, promotional and marketing materials by Sponsor worldwide in perpetuity in all media now known or hereafter discovered (including Sponsor’s web site) without additional compensation, prior notice, approval or review and (ii) the modification, editing, adaptation, electronic alteration, use, assignment and/or disposal of on-line entries however it sees fit and for any purpose without any notice or compensation to you or any third parties. By entering this Sweepstakes, you agree to waive any right to claim ambiguity with the Official Rules. You acknowledge that if you are chosen as a Winner, certain of your personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a winners’ list.
All Prize claims and documents provided by the potential Grand Prize Winners must be verified by Sponsor.
EACH ENTRANT (AND ANY MINOR ENTRANT’S PARENT OR LEGAL GUARDIAN), BY PARTICIPATING IN THIS SWEEPSTAKES, AGREES TO RELEASE, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS SPONSOR AND SPONSOR AFFILIATES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES OR ACTIONS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE) COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENTS AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, THE RECEIPT, OWNERSHIP, REDEMPTION, USE, MISUSE, LOSS OR MISDIRECTION OF A PRIZE OR ANY PORTION OF A PRIZE OR WHILE TRAVELING TO AND/OR FROM A LOCATION TO OBTAIN OR USE A PRIZE AND, UNLESS OTHERWISE PROHIBITED, HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES.
NEITHER SPONSOR NOR THE SPONSOR AFFILIATES MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
Sponsor and Sponsor Affiliates shall not be liable to any Grand Prize Winner or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control.
6. ODDS OF WINNING.
The odds of winning depend on the number of non-suspect, eligible entries received during the Entry Period.
7. GOVERNING LAW.
The Sweepstakes and these Official Rules will be governed by the laws of the State of California and those courts located in Los Angeles, California shall have exclusive jurisdiction in the event that any dispute arises regarding the Sweepstakes or any Prize. Any and all disputes shall be brought individually without resort to any form of class action.
8. PRIVACY
Entrants email address will not be shared with any third party. However, entrants may be contacted by Sponsor at which time entrant will have the opportunity to opt out of future correspondence.
9. WINNERS’ LIST:
A Winners’ List can be viewed at www.YoshinoyaAmerica.com/chowdersweeps commencing March 8, 2021.