Say whaaaaa..... Free Po-kay?! Get a chance to win a year of FREE poke bowls by playing our "Pokii Lotto Minigame" by 02/24/18.
NO PURCHASE, PAYMENT OR ENTRY FEE IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OR ENTRY FEE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
The Pokii Eatery “Pokii Lotto Minigame” (the "Sweepstakes") is open only to legal residents of Houston Texas who are at least eighteen (18) years old at the time of entry. Employees of Pokii Eatery Inc., (“Sponsor”), and their respective parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state, provincial and local laws and regulations and is void in the states of Alaska and Hawaii, and the Province of Quebec and where prohibited by law. Participation constitutes an Entrant’s full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. All participants who are considered a minor in their state/province of residence must have his/her parent’s or legal guardian’s permission to participate in this Sweepstakes.
Pokii Eatery Inc., 12153 Katy Freeway, Houston, TX 77079
The Sweepstakes begins on January 19, 2017 at 5:00pm Central Daylight Time ("CDT") and ends on February 24, 2018 at 8 p.m. CDT (the "Sweepstakes Period"). Sponsor's computer is the official time keeping device for this Sweepstakes.
HOW TO ENTER
Eligible entrants in Houston Texas enter for online entry method, instructions on how to actually submit an entry, as noted below:
If you wish to enter, go to our Facebook and find the sweepstake post. You will be asked to follow the directions which also include your first and last name and email address.
All entries become the exclusive property of Sponsor. No correspondence regarding entries will be entered into with entrants. Proof of sending or submission of information will not be deemed to be proof of receipt by Sponsor or Administrator. Entries received that are illegible, incomplete, or are not submitted by one of the entry methods outlined above will be disqualified. Entries that do not comply with these Official Rules will not be eligible. Sponsor and Administrator reserve the right to disqualify and reject any entries that Sponsor or Administrator determines to be in violation of any term contained in these Official Rules.
There is a limit of one (1) entry per person by any method of entry during the entire Sweepstakes Period. If there are more than one (1) winner, the prize will be divided by the number of winners. Multiple entrants are not permitted to share the same email address or Device. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, Devices, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant will be disqualified. Use of any automated system and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Sweepstakes service) to participate is prohibited and transmissions from these or related email or IP addresses may be blocked and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible or misdirected entries, which will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address or the text-messaging capable Device used to enter will be deemed to be the entrant. The "authorized account holder" of an email address, is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Otherwise, the "authorized account holder" of a Device is the natural person in whose name the Device has been issued and the services are billed. Potential Winner may be required to show proof of being the authorized account holder. If more than one person is shown as a responsible party, then the first-named person will be deemed the Authorized Account Holder unless the individuals on the account otherwise agree. Administrator’s determination of the Winner in case of a dispute will be final and binding.
WINNER DETERMINATION AND VERIFICATION/ODDS OF WINNING
The Sponsor decisions of the Sweepstakes and the selection of the potential Winner are final and binding in all matters related to the Sweepstakes. Receiving a Prize is contingent upon compliance with these Official Rules. Administrator will use http://www.lotterynumbergenerator.net to randomly select three (3) numbers that will match the potential Sweepstakes Winner from all eligible entries received, on or about February 24, 2018 after the random drawing has been conducted. The potential Winner must be eighteen (18) years of age or older and must complete, execute and return an Affidavit of Compliance/Eligibility/Liability/ and Publicity Release (where lawful) within three days of receiving the notification and Release Form. Failure to respond within three (3) days of receiving the notification or to return the Release Form, or if Prize notification is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, the potential Winner will be disqualified, the Prize will be forfeited and an alternate Prize Winner will be selected in accordance with these Official Rules. Upon forfeiture, no compensation will be given. If a potential Winner is a minor under the law of his or her jurisdiction of residence, his or her respective parent or legal guardian may be required to execute the Release Form in order to accept the Prize on behalf of the Winner. If parent or legal guardian is unavailable to execute this document, the potential Winner will be disqualified, the Prize will be forfeited and an alternate Prize Winner will be selected in accordance with these Official Rules. Upon forfeiture, no compensation will be given. Online entrants will be contacted by phone at the number they submitted on the online entry form. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. If a Canadian resident is selected as a Winner of a Prize, by law, that person must also answer correctly, within a designated time period, a mathematical skill-testing question without the benefit of any calculating devices or any other help before the Prize will be awarded. If the potential Winner cannot correctly answer the question within the given time limit, that person will be disqualified and no compensation will be given. An alternate entrant will be randomly selected from the remaining eligible entries.
All fees and federal, state, or other tax liabilities arising from acceptance and/or use of the Prize in this Sweepstakes are the sole responsibility of the Prize Winner.
In the event that a potential Prize Winner is disqualified for any reason, Sponsor will award the applicable Prize to an alternate winner by random drawing from among all remaining eligible entries. Upon disqualification, no compensation will be given.
One(1) GRAND PRIZE will be awarded unless there are multiple winners. In this case, the prize will be divided evenly among the winners. The Grand Prize will consist of twelve (12) Free Small Pokii Bowls (1380 Fivestars Reward Points) to be redeemed by the Grand Prize Winner at any participating Pokii Eatery Restaurant. Approximate Retail Value (ARV) of Grand Prize: $96 USD. Fivestars Reward Points cannot be refunded or exchanged for cash value, in whole or in part. Terms and conditions of the Fivestars Reward Points will apply. Winner may receive a free pokii bowl once per month for twelve (12) months. Any difference between actual value and ARV stated herein will not be awarded. The Winner shall bear all risk of loss or damage to his/her Fivestars Reward Account after they have been delivered. Sponsor will not replace any Prize that is lost, stolen or used without permission. Prize is accepted “as is” and cash cannot be substituted for any Prize unless otherwise agreed by the Sponsor. All Prize details are at the sole discretion of the Sponsor.
Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated Prize should become unavailable for any reason. Prize will be awarded “as is” without any warranties, guarantees or representation of any kind, expressed or implied (including without limitation, any implied warranty of safety, merchantability or fitness for a particular purpose).
By receipt of any Prize, Winner agrees to release and hold harmless Sponsor, Administrator, and their respective subsidiaries, affiliates, suppliers, distributors, prize suppliers, advertising/promotion agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt, use, nonuse or misuse of any Prize.
Except where prohibited by law, participation in the Sweepstakes constitutes Winner's consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further notice, payment or consideration.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing for the Prize offered herein from among all eligible entries received up to the date of discontinuance to the extent reasonably possible and practical in light of the termination. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
LIMITATIONS OF LIABILITY
The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of Prizes will be awarded. In the event that technical, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of the Sweepstakes, the Official Rules, or the Sponsor’s Mobile Terms and Conditions will be resolved in accordance with the provisions set forth in this Dispute Resolution section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that whenever you have a disagreement with the Sponsor arising out of, connected to, or in any way related to the Sweepstakes, the Official Rules, or the Sponsor’s Mobile Terms and Conditions, you will send a written notice to the Sponsor (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Official Rules or the Sponsor’s Mobile Terms and Conditions. You must send the Demand to the following address (the “Notice Address”): Legal Department, Pokii Eatery Inc. 12135 Katy Freeway Houston, TX 77073. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you, Administrator, and Sponsor to litigate claims in court and you, Administrator and Sponsor each agree to waive your respective rights to a jury trial or a state or federal judge. You agree that you will not file any lawsuit against Administrator or Sponsor in any state or federal court. You agree that if you do sue in state or federal court, and Administrator or Sponsor brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Administrator and Sponsor in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Administrator or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Administrator or Sponsor, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in the Official Rules, or the Sponsor’s Mobile Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you, Administrator, or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Administrator and Sponsor agree that we will submit all disputes with you to arbitration before the Arbitrator.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between you, Administrator and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules.