Kyolic ® Aged Garlic Extract™ Comment to Win Official Rules
No Purchase Necessary
1. Eligibility: Kyolic ® Aged Garlic Extract™ Comment to Win (“Sweepstakes”) is open to legal residents of the 50 United States and Washington, D.C., who are 18 years of age or older at the time of entry. Employees (and their immediate family members and those living in the same household as the employee) of Wakunaga of America Co., Ltd. (“Sponsor”) and its advertising and promotion agencies involved with this Sweepstakes, promotion partners, and its parent companies, subsidiaries, divisions, affiliates and related companies (collectively with Sponsor, the “Sweepstakes Entities”) are not eligible to participate in or win the Sweepstakes. All federal, state and local laws and regulations apply. Void in Guam, Puerto Rico, all other U.S. territories and possessions and where prohibited by law.
2. How To Participate: The Sweepstakes begins at 12:00 a.m. Pacific Standard Time (“PST”) on Tuesday December 11, 2018 and ends at 5:00 p.m. PST on Thursday December 13, 2018 (“Sweepstakes Period”). During the Sweepstakes Period, you may access the application by visiting our Instagram page @kyolicage and Facebook page and commenting on the designated sweepstakes post. You will automatically earn one entry into the Sweepstakes. Limit one entry per person. The use of robotic or automatic devices for entering the Sweepstakes is prohibited and Sponsor reserves the right to nullify all such entries and to disqualify the responsible individual from entering. Normal Internet access and usage charges imposed by your online service will apply and are your sole responsibility. Sponsor is not responsible for lost, late, misdirected, corrupted, incomplete or damaged entries. Proof of submission is not proof of receipt by Sponsor.
3. Prize: The Sponsor will award one winner on Instagram and one winner on Facebook: assorted full-size products from the Kyolic, Kyo-Dophilus, and Kyo-Green lines.
4. Sweepstakes Prize Drawings: The Prize winners will be selected in a random drawing to be conducted by Sponsor on Friday December 14, 2018, at 10:00 a.m. PST from all eligible entries received during the Sweepstakes Period. Sponsor’s decisions are final and legally binding on all matters relating to the Sweepstakes drawings. Odds of winning the Prize depend on the total number of eligible entries received by the end of each day during the Sweepstakes Period. All entries must be received by 5:00 p.m. PST on Thursday December 13, 2018 to be eligible for the Prize drawing.
5. General Rules: Winners will be notified via email or private messaging. Return of prize notification will result in disqualification and alternate selection. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. Winners and all entrants, as a condition of entry into the Sweepstakes, agree to release Sweepstakes Entities and Instagram from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with participating in any aspect of the Sweepstakes, the receipt, ownership or use of Prize awarded or any typographical or other error in these Official Rules or the announcement of offering of the Prize. Acceptance of a Prize constitutes permission to Sweepstakes Entities to use winners’ names and likenesses for promotional purposes (including any possible public relations opportunities) without further compensation, except where prohibited by law. The Sweepstakes Entities are not responsible for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. The Sponsor reserves the right in its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates the Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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. Sponsor reserves the right to cancel or modify this Sweepstakes for any reason, including (but not limited to) if, for any reason, the Sweepstakes does not take place, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corruptor affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancellation occurs, Sponsor reserves the right to award prizes (as applicable) from among all eligible entries received by the end of each day prior to cancellation and if the Sweepstakes cannot be run (for reasons out of Sponsor’s control as described above), prizes will not be awarded.
6. Disputes: Entrant agrees that:(a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Orange County, California; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of California for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys' fees; and(c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or the Sweepstakes Entities in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
8. Sponsor: The Sweepstakes is sponsored by the Sponsor, with its principal office located at 23501 Madero, Mission Viejo, CA 92691. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You understand that you are providing your information to the Sponsor and not to Facebook or Instagram. The information you provide will only be used in the event you are selected as a Sweepstakes winner or if you have indicated that you would like to receive additional information from the Sponsor.