Terms and Conditions

Completing the actions from various events by Orochinagi will be deemed as your acceptance of these Event TERMS AND CONDITIONS, as follows:

Orochinagi will choose a winner and will send by direct message a notification to each winner to verify delivery information such as address and phone numbers. If the winner does not respond to Orochinagi’s message within Seven (7) days, or does not provide us with the required delivery and verification information, the prize shall be deem forfeited. Incomplete or incorrect delivery address may be grounds to disqualify the winner. A new winner will be selected. Orochinagi shall have sole discretion in verifying, approving, or denying submissions or determining such matters.

b) Each winner will receive one (1) article as shown in image on given webpage or social media post.

c) The prize will be sent by sea-mail or airmail and may take up (sometimes eight (8) weeks or more) to be delivered due to customs clearance.  Orochinagi relinquishes all responsibility after sending and will not provide proof of postage or delivery status.   Orochinagi will not replace any lost or stolen prize items. Participants are responsible for their own federal, state, and/or local taxes, fees, and surcharges.

All images and descriptions of the prize are for illustrative purposes only. The risk is transferred to the winner when the prize is handed over to a postal delivery service. Orochinagi shall not be responsible for delivery damages. All prizes are not provided with any warranty. All prizes are not transferable, substitution, or redeemable for cash or any other goods. If a prize becomes unavailable due to circumstances beyond Orochinagi’s reasonable control, Orochinagi may, at its sole discretion, adjust the prize content by replacing the prize with another product of equivalent value.

Common Event Terms and Conditions

d) Each participant is limited to one (1) submission. Any attempt by a participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/event subscription notification and/or entering services, will void that participant’s entries and that participant may be disqualified.

e) Automated or robotic entries submitted by individuals or organizations will be disqualified. Entry must be made by the participant. Any attempt by a participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods will void that participant’s entry and may result in immediate disqualification. Final eligibility for the award of any prize is subject to eligibility verification as set forth below.

All entries must be posted by the end of the Event period in order to participate. Orochinagi’s local clock will be the official time keeper for this Event.

Privacy Policy.

We may ask You for information during the Event enrolment and product registration

process that may, as applicable, include without limitation your email, name, photo, account name and other voluntary information You provide. In addition, we may indirectly gather information from You via cookies or website embedded analytics. The information we collect will be used in the following manner: to run this Event, to verify Your eligibility, to contact You if needed, to ensure prize(s) can be sent to You, to store registered product data for as long as an ongoing relationship exists between us (eg. When You use our services such as warranty, eDM notices, etc.), and to use solely for internal market studies for developing better products and services. Your information will not be shared with third parties, except: i) to third party processors such as our internet service and website providers in order for us to execute this Event; and ii) when reporting or responding to actual or suspected breach of applicable laws to legal and regulatory authorities such as courts or the police to the extent needed. Because of the international nature of our business, we transfer information within Orochinagi, and to third parties as referenced above, in connection with the purpose set forth in these terms and conditions. Therefore, we may transfer information to countries that may have different laws and data protection.

Participant License.

For any material You may provide to us or create for this Event, including without limitations, pictures, videos, reviews, content, comment, feedback, and written material, as applicable (collectively, “Submitted Materials”), You hereby grant Orochinagi and a perpetual, irrevocable, royalty-free, fully paid up, worldwide, sublicensable license to use, reproduce, copy, distribute, create derivative works of, publicly display and perform, and otherwise use or exploit the Submitted Materials in any legal manner reasonably determined by Orochinagi and subject to Orochinagi’s Privacy Policy.

Participant Representation and Warranties.

You hereby represent and warrant that:

(1) all information provided by you to Orochinagi is true, accurate and not misleading;

(2) you have the full right to enter into this agreement with Orochinagi and make the license grants and representations and warranties relating to the Submission;

(3) you are the full and legal owner of all rights (including, without limitation, any and all intellectual property rights) in and to the Submission;

(4) you have obtained all required clearances and paid all monies necessary in order for Orochinagi to be able to exercise the rights granted by you herein and you confirm and warrant that Orochinagi will not be required to obtain any other or separate rights, clearances or license, nor shall Orochinagi be required to make any additional payments to any parties in order to exercise the rights granted by you herein;

(5) all individuals featured in the Submission have provided full consent to their inclusion in the Submission and you have obtained all required consents, permissions and image/appearance releases from any individuals, groups, parties or locations, so that you are able to grant the rights granted herein, including (but not limited to) our right to use, exhibit, distribute, exploit, reproduce and/or edit (without limitation or restriction) the Submission;

(6) You have the full authority, capacity, power, and right to enroll in this Event, and make the required license grant, representation, and warranties under this Terms and Conditions; and

(7) You have complied with all applicable laws in enrolling in this Event.

Participant Indemnification.

You shall defend, indemnify, and hold harmless Orochinagi, its affiliates, and successors, assigns, directors, and agents, from and against any and all liabilities, damages, judgments, costs, expenses, and fees (including reasonable attorney’s fees) resulting from any claims, investigations, litigation, or other legal or administrative action by third parties arising out of or relating to any actual or alleged breach by You of any representations, warranties, undertakings in this Terms and Conditions.

Participant Acknowledgement and Consent.

You hereby acknowledge and agree that:

(1) Orochinagi reserves the sole and discretionary right:

a) to determine, on a final and conclusive basis, whether a participant has fulfilled the Event requirements in good faith. For illustrative purpose without limiting any other terms, Orochinagi may disqualify participants: a) if Event enrolment or product registration is incomplete, b) if Event eligibility requirements such as timely enrollment, applicable product line or regional restrictions are not met; c) if the provided documents are altered, forged, fraudulent, misdelivered, or void; d) if automated codes, scripts, plugins or other means were used to enter or complete Event enrolment; e) if participant does not have the legal capacity to enroll in this Event, or f) if criminal or illegal acts are committed or allegedly committed to enroll in this Event;

b) to replace the prize with items of similar value without prior notice;

c) to vary, delete or add to any of these terms and conditions if there is valid reason understood as:

– amendment of the laws governing the rules and organization of the Event, affecting the rights and obligations of Orochinagi and participants

– extension or reduction of the duration of the Event

– change in the way the Event is carried out due to technical, technological or commercial reasons

in case of any such change the revised terms and conditions will be published by Orochinagi at the Event landing page. For the avoidance of doubt, as applicable, changes to the terms and conditions do not affect orders placed or offers implemented under the terms and conditions applicable prior to the change.

(2) Orochinagi is not liable and assumes no liability to any person for any loss, dissatisfaction, or damage arising from the prize, and uses thereof. Winners shall not make any claims against Orochinagi;

(3) Orochinagi disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of the winning notification or any prizes due to logistic, mechanical, technical, electronic, communications, telephone, computer, hardware, internet, or software errors, malfunctions, or failures of any kind. In such eventuality, the winner unconditionally waives his/her right to the prize and any associated compensation.

Orochinagi Warranties Exclusion.

Orochinagi PRIZE(S) IS/ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, Orochinagi SHALL NOT BE LIABLE TO YOU ON ACCOUNT OF ANY CLAIM (REGARDLESS OF THEORY OF LIABILITY WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, GOODWILL OR COST OF REPLACEMENT.

Miscellaneous.

This Terms and Conditions is governed and construed by the laws of France, regardless of conflict of law principles, and all disputes arising from the Event and these terms shall be adjudicated by the Court of France. Any provision invalidated by a competent court shall be stricken, and the remaining Terms and Conditions will remain in full force and effect. Failure by Orochinagi to enforce any right under this Terms and Condition shall not be deemed to be a waiver. Orochinagi shall not be liable for any failure to perform due to circumstances beyond its reasonable control. This Terms and Conditions shall not be assigned or otherwise transferred by You to any other third party; all unauthorized assignments are null and void. This Terms and Conditions constitute the entire agreement between the parties with respect to the Event, and supersede any prior agreements, communications, representations, or discussions, oral or otherwise.