HI-CHEW Times Square Billboard: Catch Chewbie to Win Free Candy! Sweepstakes
OFFICIAL RULES

NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.

The HI-CHEW Times Square Billboard: Catch Chewbie to Win Free Candy! Sweepstakes (the “Sweepstakes”) is intended for legal residents of the state of New York ONLY and shall only be construed and evaluated according to applicable USA law and applicable state law. Do not enter
this Sweepstakes if you do not have primary residence in New York or are otherwise ineligible to enter in accordance with these Official Rules at the time of entry. The Sweepstakes is sponsored by Morinaga America, Inc., 4 Park Plaza, Ste 750, Irvine, CA 92614 (the “Sponsor”).

ELIGIBILITY: The Sweepstakes is open to legal residents of New York who are at least eighteen (18) years of age at the time of entry (the “Entrants”). The Sponsor, ViralSweep LLC (the “Administrator”), their respective parent companies, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, and the officers, directors, agents, and employees of each of the foregoing
(collectively, the “Released Parties”), and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or
households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void where prohibited or restricted by law. (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrants who are deemed the
Winners (as defined below)).

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.

HOW TO ENTER: The Sweepstakes begins at 4:00:00 p.m. EST and ends at 11:59:59 p.m. EST on October 17, 2024 (“Sweepstakes Period”). The Sponsor’s database computer is the official time- keeping device for the Sweepstakes. Entrants can enter the Sweepstakes by visiting
https://www.hi-chew.com/pages/chewbiebillboard (the “Website”). At the Website, Entrants can obtain one (1) Sweepstakes entry by completing the Sweepstakes registration form providing their full name, complete mailing address, and email address. Limit one (1) entry per Entrant.

Proof of entry information at the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial Sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of automated entry devices is prohibited, and no mechanically reproduced entries are allowed; all such entries are void. The Released Parties are not responsible for: late, incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, Entrants consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes. By participating, Entrants consent to Sponsor’s and its agents’ use of your personal information for the
administration of this Sweepstakes, or in any other manner consistent with Sponsor’s Privacy
Policy, available at https://morinaga-america.com/privacy-policy/.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv) technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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.

Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared to have been made by the authorized account holder of the email address associated with the registration in question. "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, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree
to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, 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 of a Prize. Released Parties assume no
responsibility for any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized access to, or
alteration of, entries. Released Parties are not responsible for any problems or technical
malfunction of any telephone network or telephone lines, computer online systems, servers, or
providers, computer equipment, software, failure of any email or entry to be received by
Sponsor on account of technical problems, human error or traffic congestion on the Internet or
at any Website, or any combination thereof, including any injury or damage to Entrant's or any
other person's computer relating to or resulting from participation in this Sweepstakes or
downloading any materials in this Sweepstakes. Entrants further agree that in any cause of
action, the Released Parties’ liability will be limited to the cost of entering and participating in
the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrants
waive the right to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages.
Except as expressly provided above, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR
LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF
PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF,
OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and
all liability for any injuries, death or losses or damages to persons or property AS WELL AS
CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY
that may arise from participating in this Sweepstakes or its related activities or the acceptance,
possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a Prize. Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control.

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE USA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

DRAWING AND NOTIFICATION: The potential Prize Winners will be selected in a random drawing conducted by the Sponsor or Administrator. The Prize drawing will be conducted on or about October 18, 2024. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period. The potential Prize Winners will each be contacted by the Sponsor via email.

PRIZES & PRIZE CONDITIONS: There will be five (5) Prizes available. Each Prize Winner
(“Winner”), upon the Sponsor’s confirmation of eligibility, will receive a HI-CHEW branded 5-
gallon bucket of candy and merch (the “Prize”). Prize ARV - $50. Total Prize Pool - $250. The value of the Prize set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of a Prize is lower than the stated ARV when the Prize is procured and fulfilled, then the
difference will not be awarded. All other expenses associated with Prize acceptance or usage not specifically mentioned herein are the responsibility of the Winners. NOTE: No substitution, assignment or transfer of the Prize is permitted, except by Sponsor, who reserves the right to substitute the Prize with another of equal or greater value.

By accepting a Prize, the Winners agree to release and hold harmless the Released Parties from
and against any claim or cause of action arising out of participation in the Sweepstakes or
receipt or use of the Prize. The Winners are responsible for all local, state, and federal taxes
associated with the receipt of the Prize. The Winners are solely responsible for all matters
relating to the Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed
or undeliverable to the potential winner, if a potential Winner cannot be reached or does not
comply with notification instructions within three (3) days from the first notification attempt, or
if a potential Winner is not in compliance with these Official Rules, then such person shall be
disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting a Prize, where permitted by law, the Winners grant to the Released Parties and
those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be
confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use
worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice,
likeness and/or biographical information for advertising, trade and promotional purposes
without further payment or additional consideration, and without review, approval or
notification. The Winners also acknowledge that Released Parties have neither made nor are in
any manner responsible or liable for any warranty, representation, or guarantee, express or
implied, in fact or in law, relative to their Prize.

DISPUTES: All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of Entrants, Administrator,
and Sponsor in connection with the Sweepstakes shall be governed by and construed in
accordance with the 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 state’s or
jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i) any and all
disputes, claims, and causes of action arising out of or in connection with the Sweepstakes,
shall be resolved individually without resort to any form of class action; (ii) any judicial

proceeding shall take place in a federal or state court within the State of California; (iii) any and
all claims, judgments , and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering this Sweepstakes, but in no event will attorney fees be
awarded or recoverable; (iv) under no circumstances will Entrant be permitted to obtain
awards for, and Entrant hereby waives all rights to seek, punitive, incidental, exemplary,
consequential, special damages, lost profits, other damages, and/or any rights to have damages
multiplied or otherwise increased; and (v) Entrant’s remedies are limited to a claim for money
damages (if any) and he/she waives any right to seek injunctive or equitable relief.

SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not
affect the validity or enforceability of any other provision. If any provision of the Official Rules is
determined to be invalid or otherwise unenforceable, the other provisions will remain in effect
and will be construed as if the invalid or unenforceable provision were not contained herein.

MISCELLANEOUS: These Official Rules contain the full and complete understanding with
respect to the Sweepstakes and supersede all prior and contemporaneous agreements,
representations, and understandings, whether oral or written. The headings herein are for
convenience only, do not constitute a part of these Official Rules, and shall not be deemed to
limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of
these Official Rules shall be effective unless in writing and signed by both Sponsor and
Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules
shall not constitute a waiver of any other provision herein. The rights and obligations hereunder
may not be assigned by Entrants, whether by operation of law or otherwise, without the prior
written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be
null and void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.

WINNERS LIST REQUEST: To request confirmation of the first name, last initial, city, and state of
residence of each Winner, please send a self-addressed, stamped business-size envelope, by
November 30, 2024 to: ASC/VS/Morinaga HI-CHEW Candy Sweepstakes Winners List Request,
300 State St., Suite 402, Rochester, NY 14614.