Sarku Japan Website - Official Survey Rules

Official Survey Rules

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY.

VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Sarku Japan Customer Survey (“Promotion”). The Promotion is sponsored by SJ EUS Food Inc. (“Sponsor”), [address] and is administered by SJ EUS Food Inc. (“Administrator”), c/o Sarku Japan, 7650 Birchmount Road, Markham. Ontario, CANADA L3R 6B9.

1. PROMOTION TIMING: The Promotion begins at 12:00 AM United States Eastern Time (“ET”) on Tuesday October 29, 2024 and ends at 11:59:59 PM ET on Monday November 4, 2024 (“Entry Period”). The Administrator’s computer is the Promotion official clock. Drawing shall be held on Friday November 15, 2024 (“Drawing Date”)

2. ELIGIBILITY:

A. The Promotion is offered only to legal residents of THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE AT THE TIME OF ENTRY.

B. Participation constitutes entrant’s full and unconditional agreement to these terms (the “Official Rules”) and Sponsor’s decisions and interpretations, which are final and binding in all matters related to the Promotion. For purposes of the Promotion, an entrant’s residential address and email address will be the physical address and email address submitted at the time of entry. Entrants will not be allowed to change their physical or email addresses once they have entered the Promotion. In conducting the offer, Sponsor does not intend to promote its products, trademarks, or services, but rather Sponsor is seeking feedback from the entrants through this Promotion in order to improve its products/services and provide better experience to its customers.

C. All entries must be received before the end of the Entry Period in order to be eligible.

3. HOW TO ENTER THE PROMOTION:

There are two (2) ways to enter:

A. Compete the Online Guest Survey: Randomly selected customers will receive email invitations to provide reviews of their experience at Sarku Japan restaurants. The feedback provided in the survey (good or bad) will not affect entrants' chances of winning. During the Entry Period, an eligible entrant may follow the links and instructions contained in the email invitation to take the guest satisfaction survey to provide feedback. The survey must be completed by Monday November 4; provided, that submissions received on and after Tuesday November 5, 2024 will not result in an entry even if the email invitation was sent on or after Tuesday October 29, 2024. Each entrant must fully complete and submit the survey and the registration form, including entrant’s full legal name (as included in entrant's government issued identification documents), valid email address, and any other information reasonably requested on the registration form (together the “Submission”). By entering a Submission, entrant agrees to be bound by these Official Rules and confirms that entrant has read and understands the information contained in the Data Protection Notice contained within the Official Rules and Sponsor’s privacy policy, referenced below. Entrant will receive one (1) entry into the Promotion during which their Submission was received by Sponsor. 

B. Enter without Completing a Survey: To enter without receiving an invitation or completing a survey, an eligible entrant must send an email, along with their full name, to customerservice@sarkujapan.com that states the following: 

Email Subject Line: Customer Survey Submission 

“I would like to enter the Promotion without completing a survey. I have read, understand, and agree to the Official Rules of the Promotion, including the Data Protection Notice contained within the Official Rules which sets out how my personal information will be transferred, retained, processed and stored by Sponsor and my rights with respect to such processing, subject to the Sponsor’s Privacy Policy.”

Upon Sponsor’s receipt of the above-referenced email, the entrant will receive one (1) entry into the Promotion for the Entry Period during which the submission was received by Sponsor.

If an entrant participates in the Promotion using a mobile device, message and data rates may apply. Entrants should consult their wireless providers’ pricing plans.

Entry Limit: Regardless of the method of entry chosen by the entrant in accordance with Section 3, Each entrant shall only submit ONE (1) entry. If multiple entries are received from the same entrant in any Entry Period, only the first entry received will be considered valid, provided that entry complies with these Official Rules.

NOTE: An entrant must have a valid SARKU JAPAN Rewards Program account (“Account”) associated with the same legal name and email address that was used to enter the Promotion in order to claim and receive a prize, as described below. Multiple entrants using different accounts under the same legal name are not permitted to enter the Promotion.

In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor's reasonable satisfaction, the affected entry will be deemed ineligible. Sponsor and Administrator shall not be responsible for incorrect or inaccurate entry information whether caused by internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical error which may occur in the processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

4. RANDOM DRAWINGS:

On or about the Drawing Date, Administrator will select ONE (1) potential winner by a random drawing from among all eligible entries received during the applicable Entry Period. The winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules, as determined by Sponsor or Administrator, whose decisions are final. below.

5. PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:

The Prize is US$100 Sarku Rewards Credit (“Prize”). Sarku Japan Rewards Credit are not redeemable for cash or any other form of credit and have no value until presented for redemption in accordance with the terms and conditions of Sarku Japan Rewards Program found at https://www.sarkujapan.com/terms-of-use/ (“Sarku Japan Terms”). The Prize may be redeemed in any manner consistent with the IHG One Rewards Membership Terms and Conditions, which subject to the terms and compliance with applicable law, are subject to change at any time without notice and can be found at Sarku Japan Terms. There will be ONE (1) Prize available in the Promotion. The ARV in this Promotion is US$100. The odds of winning a Prize depend upon the number of eligible entries received into each Entry Period.

A winner is not entitled to any difference between the ARV and the actual value of a Prize at the time the Prize is awarded. In no event will more Prizes than are stated in these Official Rules be awarded. If, for any reason, more Prize notifications are sent (or more claims are received) than the number of Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of Prizes through a random drawing from among all eligible Prize claims received. Limit of one (1) Prize per person per Entry Period. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of a Prize or some other reason beyond the Sponsor's control.

6. HOW TO CLAIM A PRIZE:

A. Potential winners are subject to verification of eligibility and compliance with these Official Rules and/or Applicable Law. Potential winners will be notified by Administrator via email (to the email address provided on entry) with instructions on how to claim a Prize. Failure to provide all required information (typically, the entrant's residential address, age, and other reasonable information to verify the entrant's compliance with these Official Rules) within the stated time period may result in forfeiture of a winner’s right to claim a Prize, and may result in the Prize being awarded to an alternate winner.

B. Upon verification of eligibility, each Prize will be deposited into a verified winner’s Account. Prizes will be awarded no later than thirty (30) days after a final winner is selected. Sponsor and Administrator shall not be held responsible for any delays in awarding a Prize for any reason, but prior notice will be given to the potential winners for such delays within a reasonable period. If a potential winner is found to be ineligible, is not in compliance with these Official Rules, declines to accept a Prize, or any winner notification is returned as undeliverable or a potential winner fails to respond to a winner notification within the timeframe specified in such winner notification (if applicable), the Prize may be forfeited. For clarity, for those who are found to be ineligible or not in compliance with the Official Rules resulting in the disqualification of the Prize, the relevant potential winners will be informed within a reasonable period of time.

C. If a Prize is forfeited for any reason, it may be awarded to an alternate potential winner, at the Sponsor’s sole and absolute discretion, selected at random from the remaining pool of eligible entries received during the applicable Entry Period, time permitting. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded or will be awarded to an alternate winner selected from all remaining eligible Promotion Entries. Prizes are not transferable and include only the items specifically listed as part of each Prize. Any portion of a Prize not accepted by winner will be forfeited. Each winner shall be solely responsible for payment of any and all applicable federal, state, provincial, territorial, and local taxes. Winners may also be required to sign and return certain tax documentation (if applicable). All other costs and expenses not expressly set forth herein and associated with the applicable Prize shall be solely a winner’s responsibility. Each Prize will only be awarded to a verified winner.

7. LIMITATION OF LIABILITY:

A. By participating in this Promotion, entrants agree that Sponsor, Administrator and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, programming, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) to the extent permitted by any laws any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a Prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with the Official Rules. Further, Sponsor and Administrator are not responsible for any unanswered or undeliverable winner notifications. Nothing in these Official Rules shall disclaim, limit, or exclude liability for any liability that may not be disclaimed, limited, or excluded pursuant to applicable laws.

B. By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to the extent permitted by applicable law, to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to the extent permitted by the applicable law, to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a Prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged, or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.

C. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify, or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. However, Sponsor should provide prior written notice within a reasonable period for such cancellation, modification or suspension. For certainty, such selected potential winner remains subject to the requirements of Section 6.

D. Without limiting the foregoing, everything regarding this Promotion, including each Prize, is provided “as is” without warranty of any kind to the extent permitted by applicable law, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.

8. DISPUTES:

A. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. TO THE EXTENT PERMITTED BY APPLICABLE LAW , IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN NEW YORK, NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR IN ACCORDANCE WITH THE APPLICABLE LAW OF LIMITATIONS, AND THEREAFTER THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

9. PRIVACY POLICY AND USE OF ENTRANT’S PERSONAL INFORMATION:

Sponsor's Privacy Policy is available at https://sarkujapan.com/privacy-policy. Sponsor collects personal information in order to conduct the Promotion and may, for this purpose, disclose such information to third parties including, but not limited to, prize suppliers and for any purpose required by any regulatory authority.

By submitting your survey or your personal data, you hereby explicitly consent the processing of your personal data under the Sponsor’s Privacy Policy for the purposes as specified in these Official Rules. Sponsor's privacy

policy contains information about how to access, correct or update your personal information, how to make a complaint about a potential breach of privacy and how Sponsor will deal with such a complaint. To request change or delete (subject to limitations permitted by applicable law) your personal data, email request to privacy@sarkujapan.com.

10. PUBLICITY RIGHTS:

By participating in the Promotion and/or accepting a Prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the right to use for a period of two (2) years from the date of the entrant’s entry his/her name, address (city and state), review, biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Promotion and/or Sponsor for promotion, trade, commercial, advertising, and publicity purposes associated with this Promotion and/or the Sarku Japan Rewards Program, at any time or times, in all media now known or hereafter discovered without notice, review, or approval and without additional compensation, except where prohibited by law.

11. GENERAL:

A. Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion.

B. If it is discovered that a person has registered or attempted to register more than one Account using multiple phone numbers, email addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party, or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same.

C. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. If the winner of a Prize is found to be ineligible, Sponsor may award the relevant prize to another participant. In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the email address submitted on the registration form associated with such entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an authorized account holder.

D. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW AND IS WITHOUT PREJUDICE TO ALL OTHER RIGHTS OF THE SPONSOR TO TAKE LEGAL ACTION AGAINST SUCH ENTRANT UNDER APPLICABLE LAW.

E. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or any prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules.

F. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect.

G. All entries and/or materials submitted become the property of Sponsor and will not be returned.

H. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.

12. WINNER LIST:

To obtain the result, send an email to info@sarkujapan.com to request the same by Friday November 29, 2024.