Sweepstakes Official Rules Spring 2023

The Mizkan® and NAKANO® Gift Box Sweepstakes

OFFICIAL RULES

NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. Instagram is not affiliated with the Sponsor in any way.

  1. OVERVIEW/SWEEPSTAKES PERIOD
    The Mizkan and NAKANO Gift Box Sweepstakes (“Sweepstakes”) sponsored by Mizkan America, Inc. (“Sponsor”) begins on February 10, 2023 at 12:00:01 a.m. Central Time (“CT”) and ends on February 27, 2023 at 11:59:59 p.m. CT (the “Sweepstakes Period”).

    The Sweepstakes consists of two (2) separate random prize drawings, each of which offers its own prize (as described in Rule 7, below). One (1) drawing will be conducted from among all eligible entries received in accordance with these Official Rules via the @mizkanflavors Instagram handle (the “Mizkan Drawing”); and one (1) drawing will be conducted from among all eligible entries received in accordance with these Official Rules via the @nakanoflavors Instagram handle (the “NAKANO Drawing”). See full details of each drawing in Rule 5, below.

    The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to abide by and be bound by these Official Rules and Sponsor’s decisions, which shall be final and binding in all matters related to the Sweepstakes.

  2. ELIGIBILITY
    The Sweepstakes is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia (“D.C.”) who are eighteen (18) years or older at the time of entry (19 years or older if a resident of AL or NE).

    Employees, officers and directors of Sponsor, its parent company, subsidiaries, affiliates, promotion and advertising agencies, other companies/persons involved in the design, execution or fulfillment of this Sweepstakes, and members of the immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) and persons living in the same households (whether related or not) of any of the above, are not eligible to enter or win a prize. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Winning a prize is contingent upon fulfilling all requirements set forth herein.

    The Sweepstakes is void in AK, HI, outside the remaining forty-eight (48) United States/D.C., and where prohibited by law

  3. HOW TO ENTER
    In order to enter, you must have a personal, publicly viewable Instagram account. You may not use a corporate or shared account. If you do not have an Instagram account, you may register for a free account at Instagram.com When you join Instagram, you are indicating that you have read and agree to accept all of its terms, conditions, and policies.

    There are two ways to enter, as follows:
         (a) For the Mizkan Drawing. During the Sweepstakes Period:
              (i) Follow @mizkanflavors on Instegram;
             (ii) Find the post regarding this Sweepstakes posted by @mizkanflavors
             (iii) “Like” the post; and
             (iv) Comment on the post by @mentioning one (1) friend with whom you have a personal relationship and who has consented to                    be @mentioned for purposes of this Sweepstakes. (Proof of consent may be required at any time.)
         (b) For the NAKANO Drawing. During the Sweepstakes Period:
              (i) Follow @nakanoflavors on Instagram;
              (ii) Find the post regarding this Sweepstakes posted by @nakanoflavors 
              (iii) “Like” the post; and
              (iv) Comment on the post by @mentioning one (1) friend with whom you have a personal relationship and who has consented to                   be @mentioned for purposes of this Sweepstakes. (Proof of consent may be required at any time.)
    By properly completing the above steps, you will receive one (1) entry into the prize drawing corresponding to the Instagram handle through which you posted a comment. (The term “entry” will also be used herein to refer to your posted comment.)

    Entry Limit: During the Sweepstakes Period, you may enter one (1) time via entry method (a), and one (1) time via
    entry method (b).

    Each entry must comply with the instructions above and with Content Restrictions set forth in Rule 4, below, and must
    conform to all character limitations imposed by Instagram. Entries will not be judged.

    If you enter using a mobile device, standard message and data rates may apply. Please consult the terms and conditions in your individual service plan prior to participating via a mobile device. A mobile device is not required to enter.

    Any attempt by any participant to obtain more than one (1) entry via either of the above Instagram handles using multiple/different identities, Instagram accounts or any other methods will void that participant’s entries and that participant
    may be disqualified from the Sweepstakes. Any use of robotic, repetitive, automatic, programmed, or similar entry methods will void all entries submitted thereby and the responsible entrant may be disqualified. In the event of a dispute as to
    the identity of any entrant or potential winner, the authorized account holder of the Instagram account used to enter will be
    deemed the entrant/winner provided such person is eligible in accordance with these Official Rules. The “authorized account holder” is the person in whose name the Instagram account was created. A potential winner may be required to
    show proof of being the authorized account holder. All incomplete or non-conforming entries will be disqualified.

  4. CONTENT RESTRICTIONS

    Entries must not: (a) be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, political, professional or age group, profane or pornographic; (b) promote alcohol, marijuana, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that are or may appear to be unsafe or dangerous, or

    further any particular political agenda or message; (c) be obscene or offensive, endorse any form of hate or hate group;

    (d) contain or reference trademarks, logos or trade dress owned by others (except Sponsors’, which are not required for

    entry) or advertise or promote any brand or product of any kind without permission, or contain any personal identification,

    such as license plate numbers, personal names of third parties (except your friend’s name included in his/her handle),

    email addresses or street addresses; (e) contain copyrighted materials owned by others without permission; (f) contain

    materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without

    permission; (g) depict, and cannot themselves be in, violation of any law; (h) defame, misrepresent or contain disparaging

    remarks about Sponsor or its products, or other people, products or companies; or (i) communicate messages or images

    inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate, as determined by Sponsor in

    its discretion.

    The above list is not meant to be exhaustive. Any entry which, in the opinion of the Sponsor, is deemed inappropriate for

    publication or inclusion in the Sweepstakes for any reason, will be disqualified.

    ENTRIES SUBMITTED IN THE SWEEPSTAKES HAVE NOT BEEN EDITED BY SPONSOR. ENTRIES EXPRESS THE

    VIEWS AND OPINIONS OF THE ENTRANTS ONLY, AND DO NOT REFLECT THE VIEWS OR OPINIONS OF SPONSOR.

    Representations. By entering the Sweepstakes, each entrant hereby warrants and represents as follows with respect to

    his/her entry: (a) the entry conforms to all requirements and Content Restrictions set forth herein; (b) the entry is entrant’s

    original creation, and is not a modification, enhancement, or alteration of a third party’s preexisting work; (c) the entry was

    created solely by entrant; (d) the entry has not been previously published or won any awards; (e) the entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any

    person or entity; and (f) publication of the entry via various media, including web/social media posting, would not infringe

    on the rights of any third party.

    Each entrant hereby indemnifies and holds Sponsor harmless from and against any claims to the contrary.

  5. PRIZE DRAWINGS

    On or about 3/3/2023, Sponsor or its designee will select one (1) potential winner of the Mizkan Drawing prize described

    in Rule 7, below, in a random drawing from among all eligible entries received during the Sweepstakes Period via the

    Mizkan Drawing handle, and one (1) potential winner of the NAKANO Drawing prize described in Rule 7, below, in a separate random drawing from among all eligible entries received during the Sweepstakes Period via the NAKANO Drawing

    handle, The odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period for

    each of the prize drawings.

    Sponsor will attempt to notify each potential prize winner by direct message (“DM”) on Instagram via the handle corresponding to the drawing in which s/he was selected as a potential winner.

  6. REQUIREMENTS OF POTENTIAL WINNERS

    The potential prize winners must meet all eligibility requirements set forth in these Official Rules and comply with these

    Official Rules to qualify for a prize. Each prize winner may be required, at the discretion of the Sponsor, to complete, sign

    and return an Affidavit of Eligibility, Liability Release and Publicity Release (except where prohibited) within five (5) days

    of receipt of prize notification. If a potential winner cannot be reached after reasonable efforts have been made (as determined by Sponsor in its discretion), if a prize notification is returned as undeliverable, if a potential winner is determined

    by Sponsor to be ineligible, or if a potential winner cannot or does not comply with these Official Rules, s/he will be disqualified and will forfeit his/her prize.

    In the event that a potential winner is disqualified and his/her prize is forfeited for any reason, Sponsor or its designee will

    select an alternate potential winner in a random drawing from among all remaining eligible entries in the applicable drawing pool. If necessary, this process will be repeated up to three (3) times. If the prize is not claimed after the third attempt

    to award it, the prize will not be awarded.

  7. PRIZES/var/www/vhosts/mizkanflavors.com/httpdocsROXIMATE RETAIL VALUE (“ARV”)

    Mizkan Drawing Prize. One (1) prize will be awarded, consisting of one (1) custom two-piece Gift box that includes an

    Osaka Bento Box (Bento lunch box with fork, spoon, knife, two stackable compartments and lids with ventilation ports for

    microwaving and an engraved “Mizkan” logo); one (1) Donabe Pot (with wooden spoon and stone slab); and one (1) tableware set (4 dinner plates, 4 linen napkins). ARV of prize package: $500.

    NAKANO Drawing Prize. One (1) prize will be awarded, consisting of one (1) Gift box that includes one (1) set of 4 linen

    napkins; one (1) set of 4 pewter napkin rings with a laser engraved “Nakano” logo; one (1) acacia wood cutting board

    with a laser engraved “Nakano” logo; one (1) 16 oz stainless steel MiiR Vacuum Insulated Food Canister with an engraved “Nakano” logo; one (1) reusable lunch bag; one (2) cotton canvas tall zippered tote. ARV of prize package: $300.

    Total ARV of both prizes in this Sweepstakes: $800.

    The prizes consist only of the items described above. Any costs related to the use of the prizes that are not described as

    being included with the prizes are the responsibility of the winners. Prizes are non-transferable; no cash redemption or

    other substitution allowed, in whole or in part, except as provided herein. Sponsor reserves the right to substitute a prize

    (or portion thereof) of equal or greater value if an advertised prize (or portion thereof) becomes unavailable for any reason, as determined by Sponsor in its sole discretion. The winners are responsible for all federal, state and/or local income

    taxes on their prizes. All prizes will be awarded provided they are claimed properly in accordance with these Official

    Rules.

  8. PUBLICITY CONSENT

    Acceptance of a prize constitutes winner’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, recorded image, opinions, city and state of residence for promotional purposes in commerce and in any media, worldwide,

    (including but not limited to the internet, social media and television) without limitation and without further notice, consent

    or compensation, except where prohibited.

  9. SPONSOR’S RIGHTS IN ENTRIES
    By entering this Sweepstakes, each entrant hereby grants to the Sponsor a non-exclusive, irrevocable, fully paid, assignable, universal license to use, copy, sublicense, transmit, distribute, publicly or privately perform, publish, edit, delete or
    display such entry, or any portion thereof, in any media now known or hereafter devised, including but not limited to social
    media and the internet without limitation and without any further right of approval or compensation. Each entrant authorizes the Sponsor and its licensees to use, in perpetuity and in any manner they see fit, his/her entry and to make derivative works from such entry. Each entrant agrees that the results and proceeds of such use shall become the property of
    Sponsor and/or Sponsor’s assignees and licensees, and such assignees and licensees shall have no obligations of any
    kind to entrant.

    Sponsor is not obligated to use any of the above-mentioned rights, but may do so at its sole discretion without further obligation or compensation to entrant. Each entrant agrees to release and hold the Sponsor, its parent company, affiliates
    and subsidiaries, and each of their respective officers, directors, employees, assignees and licensees harmless from and
    against any and all claims or liability arising from or in connection with any use of entrant’s entry. Each entrant further
    acknowledges that Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than the entry.

  10. LIMITATION OF LIABILITY/GENERAL CONDTIONS

    By entering, each entrant agrees to indemnify, release, defend and hold harmless the Sponsor, Instagram and each of

    their respective parent companies, affiliates, subsidiaries, authorized agents, sales representatives, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, members, successors, agents, assigns and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all liability

    for damages or causes of action (however named or described), with respect to or arising out of: (a) entrant’s participation

    in the Sweepstakes; or (b) the receipt, possession and/or use or misuse of a prize (if awarded to him/her).

    The Released Parties are not responsible for: (a) electronic transmissions or entries that are lost, late, stolen, incomplete,

    illegible, damaged, garbled, destroyed, misdirected, or not received by Sponsor for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication

    failures, or human error that may occur in the transmission, receipt or processing of entries, or for deletion, theft, alteration

    or destruction of, or unauthorized access to, entries; (c) failure or unavailability of hardware, software, network connections or the Instagram platform; (d) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (e) incorrect or inaccurate entry information whether caused

    by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (f) any typographical or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the

    Sweepstakes, or in the announcement of the prize winners; or (g) cheating or fraud by any participant.

    If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any printing, administrative,

    human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, Instagram mandate or any other causes beyond the control of Sponsor that corrupt or

    affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion,

    to cancel, terminate, modify or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the

    stated end date of the Sweepstakes Period, the prizes will be awarded in separate random drawings from among all eligible, non-suspect entries received for each prize drawing prior to the time/date of termination. Sponsor reserves the right,

    in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes, or who acts in violation of these Official Rules or in a disruptive manner. Sponsor’s failure to

    enforce any term of these Official Rules shall not constitute a waiver of that term.

    CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN

    ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER

    REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY

    LAW.

    By accepting a prize, the winner acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize

    or any portion thereof, including but not limited to its quality, mechanical condition or fitness for a particular purpose. 

  11. PARTICIPANT PRIVACY
    Any personally identifiable information collected in connection with an entrant’s participation in this Sweepstakes will be used by Sponsor only for purposes of the proper administration and fulfillment of the Sweepstakes, as described in these Official Rules, and in any manner consistent with its Privacy Policy, available at www.mizkan.com/privacy-policy/

  12. DISPUTES/VENUE/GOVERNING LAW

     

    By participating, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or the prizes shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Cook County, Illinois; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.

    All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.

    In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or made by any representative of Sponsor, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

  13. SEVERABILITY
    The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any
    other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal
    provision were not contained herein.

  14. WINNERS LIST

    For the names of the prize winners, available after both winners are verified, send a self-addressed, stamped envelope to

     

    Zach Betz, 1661 Feehanville, Dr. Suite 100, Mt. Prospect, Illinois 60056 by April 7, 2023.

  15. SPONSOR
    This Sweepstakes is sponsored by Mizkan America, Inc., 1661 Feehanville Drive, Suite 200, Mt. Prospect, IL 60056.

    Any questions, comments or complaints regarding this Sweepstakes must be directed to the Sponsor only, and NOT to Instagram.

    All trademarks used herein are the property of their respective owners. © 2023 Mizkan America, Inc. All rights reserved.