Legal

Tombow Contest/Giveaway Terms & Conditions

Revised 2/11/16

Please review the following terms and conditions before entering a contest or giveaway hosted by Tombow USA. We reserve the right to change these terms at any time, and by entering our contest/giveaway you acknowledge that you agree to abide by the most recent version. Do not participate if you do not agree to the following terms and conditions.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: All Tombow USA contests/giveaways are only open to those who are 18 years or older as of the date of entry. Tombow USA contests/giveaways are only open to legal residents of the United States and Canada, and are void where prohibited. Employees of Tombow USA, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers, and immediate family members and/or those living in the same household of employees are not eligible to participate. All Tombow USA contests/givewaways are subject to applicable federal, state and local laws and regulations. Void where prohibited.
2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these rules and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decision of Tombow USA as final and binding as it relates to the content of Tombow USA hosted giveaways and contests.
3. How to Enter: Entry methods will vary. All entries must fulfill contest/giveaway requirements as outlined in the contest/giveaway announcement. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Tombow USA. Entries may not include nudity, profanity, hate speech, bullying, ethnic discrimination, or any third party trademarks, logos, or brand names.
4. Prizes: Winner(s) will receive the prize outlined in the contest/giveaway announcement. We reserve the right to substitute prizes if necessary. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by Tombow USA. No cash or other prize substitution shall be permitted except at Tombow USA’s discretion. The prize is nontransferable. Any and all prize-related expenses, including without limitation, any and all federal, state, and/or local taxes, shall be the sole responsibility of the winner.
5. Odds: The odds of winning depend on the number of eligible entries received.
6. Winner Selection and Notification: Winner will typically be chosen at random using a random number generator. If another method of winner selection is to be used, that selection method will be clearly outlined in the submission requirements for that contest/giveaway. Winner will be notified within five (5) days following selection. Tombow USA shall have no liability for winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If winner cannot be contacted, is ineligible, fails to claim the prize within three (3) days from the time award notification was sent, the prize may be forfeited and an alternate winner selected. Receipt by winner of the prize offered is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT TOMBOW USA’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST/GIVEAWAY, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
7. Rights Granted by You: By submitting content to a Tombow USA contest/giveaway (e.g., photo, video, text, etc.), you understand and agree that Tombow USA and anyone acting on behalf of Tombow USA shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the contest/giveaway, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes – without any further compensation, notice, review, or consent. By submitting content, you represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Tombow USA. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend and hold harmless Tombow USA from and against any suit, proceeding, claims, liability, loss, damage, costs or expense which Tombow USA may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Terms & Conditions: Tombow USA reserves the right, in its sole discretion to cancel, terminate, modify or suspend any contest/giveaway should virus, bug, non-authorized human intervention, fraud, or other cause beyond Tombow USA’s control corrupt or affect the administration, security, fairness, or proper conduct of the contest/giveaway. In such case, Tombow USA may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Tombow USA. Tombow USA reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the campaign or website or violates these Terms & Conditions. Tombow USA has the right, in its sole discretion, to maintain the integrity of the contest/giveaway, to void votes for any reason, including but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by contest/giveaway rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the contest/giveaway may be a violation of criminal and civil laws. Should such attempt be made, Tombow USA reserves the right to seek damages to the fullest extent permitted by law.
9. Limitation of Liability: By entering, you agree to release and hold harmless Tombow USA and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the contest/giveaway and/or his/her acceptance, possession, use or misuse of any prize or portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the promotion; (v) electronic or human error in the administration of the promotion or processing of entries.
10. Disputes: All Tombow USA contests/giveaways are governed by the laws of the United States of America and Georgia, without respect to conflict of law doctrines. As a condition of participating in any Tombow USA contest/giveaway, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with a contest/giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Georgia having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering the contest/giveaway). Participant further waives all rights to have damages multiplied or increased.
11. Privacy: Tombow USA will not share your private information with any third party or publicly. The only information that will be shared is your name and/or social media handle at time of winner announcement or in any subsequent sharing of your original work submitted.
12. Social Media: By participating in this promotion you acknowledge that this is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, Pinterest or YouTube. You completely release Instagram, Facebook, Pinterest or YouTube of responsibility regarding the outcome of any promotion.

Terms of Use
Please read the following Terms of Use carefully before using this site. By using this site, you agree to these Terms of Use. This site is owned and operated by American Tombow, Inc.
The outlined Terms of Use establishes legally binding terms for your use of TombowUSA.com (TombowUSA). By using TombowUSA, you agree to be bound by these terms, including our policy for acceptable use, your rights, obligations and restrictions. American Tombow, Inc. may modify the Terms of Use from time to time without notice and such modification shall be effective upon posting on the TombowUSA website. You agree to be bound to any changes to the terms when you use the TombowUSA Website after any such modification is posted.

Communication
By visiting TombowUSA or sending e-mails to us, you are initiating electronic communication, thereby consenting to communications from us electronically by e-mail and agree that all communications provided to you electronically satisfy any legal requirements for communications in writing.

Your Account
When you register, you will create a username and password. The username selected must be unique and acceptable to TombowUSA. Users are responsible for maintaining the confidentiality of the username and password. TombowUSA reserves the right to refuse service, cancel orders or terminate accounts without notice at their sole discretion.

Privacy
Our website does have the ability to store user information for future visits, however credit card and personal information is not stored on our web servers. TombowUSA will not sell or exchange your contact information and will use it only for updating you with new product and promotional opportunities. You will have the option to unsubscribe should you not wish to receive correspondence.

Product Descriptions
TombowUSA strives for complete accuracy, however does not warranty that product descriptions and/or other content within this site is completely error-free. If a product received is not as described, your sole option is to return the product in unused condition.

Disclaimer of Warranties and Limitation of Liability
THE INFORMATION PUT FORTH ON THIS SITE, INCLUDING CONTENT, MATERIALS, PRODUCTS AND SERVICES ARE PROVIDED TO YOU BY TOMBOWUSA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT OF THE LAW, TOMBOWUSA DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. TOMBOWUSA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS IN ANY INFORMATION PROVIDED ON THE TOMBOWUSA WEBSITE. THE USER ASSUMES FULL RESPONSIBILITY AND RISK FOR THE USE OF THE TOMBOWUSA WEBSITE AND INTERNET.
TOMBOWUSA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO ANY USER FOR ACCOUNT USE OR MISUSE OR RELIANCE ON TOMBOWUSA SERVICES OR FROM THE USE OR PURCHASE OF PRODUCTS PURCHASED THROUGH THE TOMBOWUSA WEBSITE. TOMBOWUSA DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE, INCLUDING INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES OTHERWISE MADE AVAILABLE THROUGH THIS SITE FROM TOMBOWUSA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOMBOWUSA WILL NOT BE HELD LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE), MATERIALS, OR SERVICES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.