· ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND PARTICIPANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
· WINNERS OF DRAW WILL BE OFFERED AN OPPORTUNITY TO PURCHASE UP TO FOUR (4) TICKETS TO A YOSHIKI EVENT FOR A LIMITED TIME.
· VOID WHERE PROHIBITED BY LAW (INCLUDING IN ANY COUNTRY/JURISDICTION WHERE THE DRAW IS NOT LEGAL TO OPERATE), OR IN A COUNTRY/JURISDICTION THAT WOULD REQUIRE THE DRAW TO BE REGISTERED AND/OR BONDED WITH A GOVERNMENTAL AGENCY OR OTHER REGULATORY BODY OR WOULD REQUIRE THESE TERMS AND CONDITIONS TO BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH IN ORDER FOR THESE TERMS AND CONDITIONS TO BE ENFORCEABLE AGAINST YOU.
BY PARTICIPATING IN THE DRAW, PARTICIPANTS AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE DRAW PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The Team Yoshiki Ticket Draw (“Draw”) is open only to individuals who are as of the time/date of registration, at least the age of majority in his or her country/jurisdiction of residence, provided, such individual is not a “Prohibited Person” from entering or doing business in the United States, which means they reside in country that is subject to U.S. trade or economic sanctions administered by Office of Foreign Assets Control (“OFAC”), including, without limitation, individuals/entities on the U.S. Treasury Department’s Specially Designated Nationals (“SDN”) list or a foreign national of a country subject to U.S. trade or economic sanctions, as may be updated from time to time designated by the United States Treasury’s Office of Foreign Assets Control (see https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information for additional information) (currently including, without limited to, Afghanistan, Belarus, Cote d’Ivoire, Democratic People’s Republic of Korea [North Korea], Eritrea, Guinea, Iran, Iraq, Lebanon, Liberia, Myanmar [Burma], Pakistan, Russia, Rwanda, Sierra Leone, Sudan, Syria, and Zimbabwe), or any other jurisdiction where the Draw is otherwise prohibited, restricted or taxed by applicable federal, state, territorial, provincial or local laws, rules or regulations and any other country designated by the United States Treasury’s Office of Foreign Assets Control. Employees, officers and directors of Lawson Ticket (“Administrator”), Team Yoshiki (“Sponsor”), A List Media Entertainment, Japan Music Agency, and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Administrator, the “Draw Parties”) are not eligible to participate in the Draw. By participating in the Draw, each participant unconditionally accepts and agrees to comply with and abide by these “Terms and Conditions” and the decisions of Sponsor, including the interpretation of these Terms and Conditions and its exercise of discretion, which will be final and binding in all respects.
2. DRAW PERIOD: The Draw begins on or about 12:00 p.m. Japan Standard Time on April 3, 2023 (“JST”) and ends at 11:59 a.m. JST on April 10, 2023 (the “Draw Period”). The designated computer clock of the Sponsor is the official time-keeping device in connection with the Draw.
3. HOW TO PARTICIPATE IN THE DRAW: There is one (1) method for participating in this Draw, and you may participate as follows: To participate and receive an entry in the Draw, during the Draw Period, individuals must visit: https://l-tike.com/st1/oj7k7uks4tdgaa6os8d4 (the “Website”) and complete the registration form by entering your true and correct information in the required fields (required fields include: first and last name, country of residence, email address and telephone number). Upon visiting the Website and submission of your registration form, you will receive an entry into the draw.
Limit of one (1) entry per person will be accepted during the Draw Period. Subsequent attempts made by the same individual to submit multiple Draw redemptions by using multiple or false contact information, accounts or otherwise may result in the participant being disqualified. Redemptions that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Terms and Conditions may be disqualified at Sponsor’s sole and absolute discretion. Redemptions submitted by participants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not be returned. Those who do not follow all of the instructions, provide the required information in their registration form, or abide by these Terms and Conditions or other instructions of Sponsor may be disqualified.
4. DRAW BENEFIT: Sponsor will conduct a random drawing to select the winners of the Draw provided that the random drawing will be separated into several independent drawings amongst individuals who entered from the same country so there will be winners spread across the entire world. There will be a minimum of ten (10) winners selected for each Draw. Participants will be notified via email on or about 5:00 p.m. JST on April 13, 2023, if they are selected as a winner of the Draw. Winners will receive the opportunity to purchase up to four (4) tickets to attend an Evening/Breakfast with YOSHIKI 2023 taking place in Tokyo, Japan on specific dates disclosed on the Website (“Event”). Winners will be solely responsible for paying for the purchase price of tickets, travel and lodging, parking, transportation, credit card/banking fees, and all other expenses related to attending the Event. Purchase Limit: Maximum purchase of four (4) tickets per Event per person. Payment Method: Credit card payment only. Entering does not guarantee an individual the opportunity to purchase tickets to an Event. If you're not selected through the Draw, you will not be able to purchase tickets to the Event separately. Abuse and/or policy violations within the system will result in cancellation or disqualification in future events. The drawing process is subject to change at any time at Sponsor's sole discretion. The Draw was created to help counter automated BOTS and to ensure a level playing field for all individuals who wish to purchase tickets to an Event. The Draw makes it possible to purchase tickets, but does not create a contract of sale. Any purchases are governed by a separate agreement, subject to the Administrator’s terms of ticket purchase. Individuals who win the Draw but fail to purchase tickets by designated date set by Sponsor will automatically forfeit his/her right to purchase tickets to the Event.
The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. The recipient is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. In the event an Event attendee (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor in its sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable Event early. Decisions regarding the conduct of the Event attendee and guest(s) (if applicable) in all aspects of their participation in the Event will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Event attendees and guest(s) may be removed or disqualified from participating in any aspect of the Event for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If an Event attendee or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the Event and recipient consents to such removal.
5. GENERAL: Subject to applicable law, each participant hereby expressly grants to the Draw Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Draw (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Draw Parties do not assume any responsibility for any disruption in the Draw Parties, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Draw materials and the terms and conditions of these Terms and Conditions, these Terms and Conditions shall prevail, govern, and control. All decisions as to these Terms and Conditions and interpretations thereof are exclusively within the sole discretion of the Draw Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Draw by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Draw by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Draw. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Draw should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Draw; or (b) to disqualify any participant found to be, or suspected of: (i) tampering with the redemption process or the operation of the Draw; (ii) acting in violation of these Terms and Conditions; or (iii) acting in an unprofessional manner.
6. CONDUCT: The Draw Parties are not responsible for the actions of participants in connection with the Draw, including participants’ attempts to circumvent the Terms and Conditions or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Draw. The Draw Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Draw, or to be acting in any manner deemed by the Draw Parties to be in violation of the Terms and Conditions, or to be acting in any manner deemed by the Draw Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A PARTICIPANT, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAW IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE DRAW PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or not allow the purchase of tickets) any individual who is found to be, or suspected of, acting in violation of these Terms and Conditions, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to block and/or refuse sale to any participant in the Draw that the Sponsor deems, at its sole discretion, has attempted to cheat or abuse the process, including through use of programs or scripts that allow users to automate their entries, or engaged in behavior that the Sponsor deems as inappropriate.
7. WAIVERS AND DISCLAIMERS: The Draw Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Draw; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Draw; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Draw, including, without limitation, errors or difficulties which may occur in connection with the administration of the Draw, the processing of entries, social networking posts, or registrations, the announcement of the winners of the Draw, or in any other Draw-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Draw. If, for any reason, the Draw (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Draw, then the Draw Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Draw in whole or in part.
8. RELEASES: All participants, as a condition of participation in this Draw, agree to release, discharge, indemnify, defend and hold harmless the Draw Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Draw (including travel to/from any Draw activity); (ii) the receipt, ownership, use or misuse of the tickets, including any travel associated with attending the event; (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; or (iv) any typographical, human or other error in the printing, Drawing, selection, operation or announcement of any Draw activity or ticket purchase.
9. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions or the rights and obligations of participants, Sponsor or the Released Parties in connection with the Draw will be governed by and construed in accordance with the internal laws of the state of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY PARTICIPATING IN THE DRAW, PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE DRAW, OR ANY TICKETS AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) PARTICIPANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
10. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles, California, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Draw shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, California. The federal or state law that applies to these Terms and Conditions will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles, California. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of participant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
11. INFORMATION AND DRAW COMMUNICATIONS: As a condition of participating in the Draw, each participant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Draw and to comply with applicable laws, regulations and rules. Any information participant provides to Sponsor may be used to communicate with participant in relation to this Draw. By participating in the Draw, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://www.socialtoaster.com/privacy-policy/. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Terms and Conditions, these Terms and Conditions shall control and govern.
12. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision. In the event that any provision of the Terms and Conditions is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Terms and Conditions will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Terms and Conditions. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Draw-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Terms and Conditions, the Terms and Conditions shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. The Terms and Conditions may be modified and/or we may cease Drawing the Draw at any time. YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR PARTICIPATION IN THE DRAW AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS.
YOSHIKI Official Site: https://www.yoshiki.net/
YOSHIKI YouTube Channel: https://www.youtube.com/yoshikiofficial
YOSHIKI Official Instagram: https://www.instagram.com/yoshikiofficial/
YOSHIKI Official Twitter: https://twitter.com/YoshikiOfficial
