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GIVEAWAY RULES - The Nichiha 2019 AIA Apple Watch and JBL Personal Speakers Giveaway

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

1. PROMOTION DESCRIPTION: The Nichiha Apple Watch and JBL Personal Speakers Giveaway (the “Promotion”) begins on May 1, 2019 at 10:00 PST and ends on June 8, 2019 at 5:00 PM PST (the “Promotion Period”).

The sponsor of this Promotion is Nichiha USA, Inc. (“Sponsor”). By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor is responsible for the collection and processing of entries and the overall administration of the Promotion. Entrants shall look solely to Sponsor with any questions, comments or problems related to the Promotion. Sponsor may be reached by email at info@nichiha.com during the Promotion Period.

2. ELIGIBILITY:

(a) The Promotion is open to all registrants attending the 2019 American Institute of Architects (“AIA”) Conference on Architecture held in Las Vegas, Nevada on June 6 to June 8, 2019 (the “AIA Conference”), who are 21 years of age or older and legal residents of the United States. The Promotion is not open to the general public. No purchase or payment of any kind to or for Sponsor is required to enter. The Promotion is not affiliated with, endorsed by or sponsored by the American Institute of Architects, or the AIA Conference. Sponsor receives no consideration from any other party for offering this Promotion.

(b) Sponsor, and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors, managers and employees (the “Promotion Entities”), are ineligible to enter the Promotion or win the prize. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. This Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

3. PRIZES:

(a) JBL Personal Speakers Giveaways. Each conference registrant who pre-registers with Sponsor prior to the AIA Conference for and attends a short technical design review presentation with the Sponsor at Sponsor’s booth during the 2019 AIA Conference will be given a free JBL personal speaker. The approximate retail value or “ARV” of the speaker is $100 and the maximum ARV of the speakers which may be given away is $10,800.

(b) Apple Watch Prizes. Five (5) winners will each receive an Apple Watch with an approximate retail value or “ARV” of $300. The total ARV of the five (5) Apple Watch prizes is $1,500. Only five (5) winners will be selected from all eligible entries properly submitted during the Promotion Period and awarded an Apple Watch. (c) No prize substitution or cash equivalent is permitted except in the sole discretion and with the prior written consent of Sponsor. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash or otherwise. Sponsor makes no representation or warranty concerning the Prize. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prizes. Failure to comply with the Official Rules will result in forfeiture of the Prize. The winner is solely responsible for any applicable local, state and federal taxes relative to receipt of a prize. Any additional expenses incidental to the use of the Prize are the sole responsibility of the winner.

4. HOW TO ENTER:

(a) JBL Personal Speakers Giveaways. To be eligible for the free JBL Speaker Giveaway, a conference registrant for the AIA Conference must pre-register with Sponsor prior to the AIA Conference through Sponsor’s website at http://www2.nichiha.com/aia19-design-review-giveaway for a short (approximately 10 minutes) project technical design review of Sponsor’s products and/or services. Each registrant who pre-registers and attends such a presentation will receive one (1) free personal JBL speaker from the Sponsor. The JBL personal speakers will be delivered to the registrant at the AIA Conference after the presentation.

(b) Apple Watches Promotion. Each conference registrant who pre-registers for and attends a presentation with Sponsor during the Promotion Period will be an entrant and receive one (1) entry per person in the drawing for the Apple Watch prizes. Incomplete pre-registration entries or entries without a valid email address or phone number capable of receiving the winner notification or a physical mailing address for Prize delivery by courier service will be disqualified.

Multiple entries submitted by individual entrants by any means will be disqualified. Any attempt by an entrant to obtain multiple entries by using multiple/different email addresses, identities, registrations or any other methods will void entrant’s entries and the entrant may be disqualified. Final eligibility for the award of any prize is subject to eligibility verification as set forth below. All entries must be posted by the end of the Promotion Period in order to participate. Sponsor’s database clock will be the official timekeeper for all aspects of this Promotion.

5. WINNER SELECTION: The five (5) Winners of the Apple Watch Prizes will be selected in random drawings from among all eligible entries received during the Promotion Period. The random drawing will be conducted approximately 30 minutes after the Promotion Period expires according to Sponsor’s database clock, by Sponsor or its designated representatives, whose decisions are final and binding. Winning the Prize is subject to the Winner Notification paragraph conditions set forth below. Odds of winning will vary depending on the number of eligible entries received, but the minimum odds are 5 out of 108.

6. WINNER NOTIFICATION, ACCEPTANCE AND APPLE WATCH PRIZE DELIVERY: Winner will be notified by phone, email or text at the phone number(s) or email address provided in the pre-registration form within approximately one (1) hour after the random drawing. A potential Winner must provide notice of acceptance of the Apple Watch Prize by response to the Sponsor by email or text within seven (7) calendar days of notification. Sponsor is not responsible for any delay or failure of a potential Winner to receive notification for any reason, including inactive or invalid email account(s) or phone number(s), a potential Winner’s failure to adequately monitor any email account or phone number, or any technical difficulties associated therewith.

Any winner notification not responded to, rejected or returned as undeliverable, or not timely accepted, may result in Apple Watch Prize forfeiture. A winner can accept delivery of the Prize at the AIA Conference if present at that time; otherwise, the Apple Watch Prize will be delivered by a courier service chosen by Sponsor. In the event of a winner’s disqualification, the Sponsor, will randomly redraw and select an alternative winner from all remaining eligible entries until all winners have been selected. The potential Apple Watch Prize winners may be required to provide proper identification and sign and return an affidavit of eligibility and release of liability, and a publicity release where not prohibited (collectively “the Apple Watch Prize Claim Documents”). No substitution or cash equivalent of the Apple Watch Prize is permitted except in the sole discretion and with the written consent of Sponsor.

7. PRIVACY: By entering the Promotion, you grant Sponsor permission to use your email address and any other personally identifiable information for the purpose of administration and prize fulfillment, including use in a publicly available winners of the Prizes list. By entering the Promotion, entrants agree to the use of entrant’s information for Sponsor’s marketing purposes, subject to an entrant’s subsequent right to opt out of and/or unsubscribed from receiving any marketing communications from Sponsor. Sponsor will not sell or share your information to or with third parties.

8. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Promotion; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or email or telephone communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, phone, computers or providers utilized in any aspect of the operation of the Promotion; (d) inaccessibility or unavailability of any network or wireless service, the Internet or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to entrant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Promotion.

If, for any reason, the Promotion is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, legal issues or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, the Sponsor reserves the right in its sole discretion amend or modify the Official Rules or to cancel, terminate, modify, rescind or suspend the Promotion in whole or in part. In such event, Sponsor shall immediately suspend all drawings and the Prize awards, and Sponsor reserves the right, in its sole discretion, to award the Prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor. Sponsor and Released Parties shall not have any further liability to any entrant in connection with the Promotion.

9. ARBITRATION ONLY; NO CLASS ARBITRATION; WAIVER OF JURY TRIAL; CHOICE OF LAW.

(a) As a condition of participating in this Promotion, each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or a Prize obtained through the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association as then in existence, including the question of arbitrability of any issue. This means an entrant will not have the right to litigate a claim in court or have a jury trial. Further, an entrant will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any dispute, claim or cause of action arbitrated hereunder. Arbitration will take place in Atlanta, Georgia, at a location selected by Sponsor and the Arbitrator’s decision shall be final; (2) any and all resulting claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to seek recovery for, and entrant hereby waives all rights to claim, punitive, exemplary, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.

(b) All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia. Notwithstanding the requirement of arbitration, each entrant further agrees that the exclusive venue of any legal proceeding involving or in any way arising out of the Promotion, or arbitration, shall be in the federal or state courts of DeKalb County, Georgia and entrant consents to the personal jurisdiction of same.

10. WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winners List or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to Nichiha USA, Inc.—2019 AIA PROMOTION at 6465 E. Johns Crossing, Suite 250, Johns Creek, GA 30097. Requests for the names of the winner must be received no later than July 1, 2018 after the Promotion Period has ended.

11. SPONSOR: Nichiha USA, Inc. 6465 E. Johns Creek, Suite 250, Johns Creek, GA 30097; info@nichiha.com.