NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Pocky and The Comfy: Comfiest Holiday Giveaway (the “Sweepstakes”) begins on December 12, 2024 at 12:00 p.m. Pacific Time (“PT”) and ends on December 18, 2024 at 11:59 p.m. PT (“Entry Period”). Entries not received within the Entry Period will be void. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram or Meta.
ELIGIBILITY: Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older. Employees of Ezaki Glico USA Corporation and The Cozy Comfort Company LLC (collectively, the “Sponsor”), Rubin Postaer and Associates, their respective subsidiaries, affiliates, distributors, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. The information you provide will be used for the purposes of Sweepstakes administration.
HOW TO ENTER: During the Entry Period, visit and “follow” both the Pocky Instagram page at https://www.instagram.com/pockyusa/?hl=en and The Comfy Instagram page at https://www.instagram.com/thecomfy/?hl=en (if you are not doing so already) and locate the Sweepstakes post on the page. Then, like the post and tag a friend or family member you would like to give a Comfiest Holiday prize pack to and include the hashtag #PockyComfySweepstakes in your comment to receive one (1) entry (each, an “Entry”).
Please Note: The content of your Instagram comment will not be judged and will therefore not increase or decrease your chances of winning a prize. Limit of one (1) Entry per person using only one (1) Instagram account throughout the Entry Period. Entries received from any person or Instagram account in excess of the stated limitation will be void. If you choose to participate in the Sweepstakes using your mobile phone, standard data rates may apply. See your wireless service provider for pricing plan details. An Instagram account can be created and maintained free of charge at www.instagram.com. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to enter this Sweepstakes (e.g., via the Instagram mobile application).
REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress owned by others (excluding those of Sponsor which will be permitted);
- contains any person or any personal identification such as personal names or email addresses;
- contains copyrighted materials owned by others;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead; or
- violates any applicable law.
The Sponsor reserves the right to reject any Entry, which Sponsor determines, in its sole and absolute discretion, does not meet the above criteria or is otherwise offensive or is not in keeping with the Sponsor’s image and reputation. Sponsor reserves the right to remove any Entry without prior notice. By submitting an Entry, entrant hereby grants permission for the Entry to be posted at www.pocky.com, www.thecomfy.com or other websites, social channels and used in press materials. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may remove a posted Entry at any time.
RANDOM DRAWING: Two (2) potential winners will be selected in a random drawing on or about December 17, 2024 from among all eligible Entries received throughout the Entry Period. Odds of winning a prize depend on the number of eligible Entries received throughout the Entry Period.
WINNER NOTIFICATION: Potential winners will be notified by Sponsor via Instagram comment and/or direct message and will be required to respond to Sponsor within three (3) days from date of initial notification. Potential winners may be required to execute and return an affidavit of eligibility, a liability release, an IRS W-9 Form and, where lawful, a publicity release. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential winner or a potential winner is not in compliance with these Official Rules, such prize will be forfeited and, at Sponsor’s discretion, an alternate winner may be selected for the applicable prize.
GRAND PRIZES (2): Each Grand Prize winner will receive a Comfiest Holiday Prize Pack for themselves and the friend or family member tagged in their winning entry. Each Prize Pack contains one (1) Original Comfy, one (1) Pocky branded insulated lunch bag, one (1) chip clip/magnet, and ten (10) boxes of Pocky Peppermint product. Approximate Retail Value (“ARV”) of each Grand Prize package for winner and friend/family member: $300.
PRIZE CONDITIONS: Exact make, model and color of prize items received to be determined by Sponsor, in its sole discretion. All federal, state and local taxes and all other costs associated with prize acceptance and use not specified herein as being provided are the sole responsibility of the winners. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute any prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. Limit of one (1) prize per person throughout the Sweepstakes. Total ARV of all prizes: $600.
LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast,
display, adapt, exhibit and/or otherwise use or reuse your Entry, name, and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless Sponsor, Rubin Postaer and Associates, Instagram and their respective affiliates, subsidiaries, distributors, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph, prize information, image and/or likeness for programming, advertising, publicity, trade and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, participant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which either may withhold in its sole discretion.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, comments or posts; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or 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 Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, comments or posts, the announcement of the prizes and winners, or in any other Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries/comments will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential winners in a random drawing from all eligible, non-suspect Entries received prior to action taken. In the event of a dispute regarding entries received from multiple users having the same email address, the authorized subscriber of the email address at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned to the applicable email account by the email service provider. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA.
WINNER’S NAMES: For the names of the winners, available after December 20, 2024 send a self-addressed stamped envelope to: The Pocky and The Comfy: Comfiest Holiday Giveaway Winners, 2525 Colorado Ave, Santa Monica, CA 90404, for receipt by January 20, 2025.
SPONSORS: Ezaki Glico USA Corporation, 18022 Cowan Suite 110, Irvine, CA 92614, and Cozy Comfort Company LLC, 668 N Coast Hwy #315, Laguna Beach, CA 92651.