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Official Rules for the BoxLunch x Kirby Instagram Sweepstakes (“Sweepstakes”)
No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning.
ALL ENTRANTS AGREE TO RESOLVE ANY DISPUTE BY BINDING ARBITRATION AND SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
- Eligibility: The Sweepstakes is open only to legal residents of the United States who reach the age of majority in their state by the Sweepstakes start date. Employees of Hot Topic, Inc. d/b/a BoxLunch (“Sponsor”), as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter. Nintendo® and HAL Laboratory, Inc. are not sponsors, co-sponsors or administrators of this Sweepstakes.
- Entry Period: The Sweepstakes begins at 12:00 PM Pacific Time on April 21, 2022, and ends at 11:59 PM Pacific Time on April 27, 2022 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- How to Enter: During the Entry Period, entrants must: (1) tag a friend and comment their favorite Kirby game in the comments of the Sweepstakes Instagram photo posted on April 21, 2022 around 12:00 PM Pacific Time to the @BoxLunchGifts Instagram page (the “Post”), and (2) share the Post to their Instagram story. There is a limit of one (1) entry per Instagram account. You may not use an agency or any automated system to enter, and Sponsor reserves the right to disqualify any entries received through those methods, as determined by Sponsor, in its sole discretion. By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Sweepstakes, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
- Drawing: On or about April 28, 2022, Sponsor will select one (1) grand prize winner and three (3) runner-up winners in a random drawing of all entries received. The odds of being selected depend on the number of entries received. Sponsor will attempt to notify the potential winners within three (3) business days of the drawing.
- Potential Winner Requirements: Except where prohibited, a potential winner may be required to complete and return a declaration of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, and time permits, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only one (1) alternate potential winner for each prize may be contacted.
- Prize(s): The following prizes will be awarded: One (1) grand prize winner will receive the Kirby and the Forgotten Land video game (ARV $59.99 USD), and a $250 BoxLunch Gift Card (ARV $250 USD). Three (3) runner-up winners will each receive the Kirby and the Forgotten Land video game (ARV $59.99 USD), and a $50 BoxLunch Gift Card (ARV $50 USD). The total Actual Retail Value (ARV) of all prizes totals $639.96 USD. Each winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred prior to award and must be accepted as awarded. A winner may not request cash or a substitute prize; however, Sponsor reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason, as determined by Sponsor, in its sole discretion.
- Odds of Winning: Odds of winning depend on the number of eligible entries received.
- General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes; or (b) award the prize 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 and seek damages from any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to the owner of an online entry, the authorized account holder of the Instagram account used to enter will be deemed to be the owner. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
- Release and Limitations of Liability: By entering, you agree to release the Sponsor, and all of its parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) from any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors that may affect the Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes; or (f) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorneys’ fees or other legal costs. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Disputes: As a condition of entering, entrants agree: (a) to release the Released Parties from any and all liability, loss, or damage incurred with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of the Prize or any travel related thereto. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by a single arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) located at www.adr.org. The judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA Rules and Procedures. The arbitrator shall apply the laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration.
- Winner's List: To request the name of the winners, send a self-addressed, stamped envelope to BoxLunch, Attention: Social Media Marketing, 18305 E. San Jose Ave., City of Industry, California 91748. Requests must be received by April 28, 2023.
- Sponsor: The Sweepstakes is sponsored by Hot Topic, Inc. d/b/a BoxLunch, 18305 E. San Jose Ave., City of Industry, California 91748.