Official Rules for the BoxLunch “Let’s-A Go Sweepstakes!” (“Sweepstakes”)

No Purchase Necessary to Enter or Win. A Purchase Will Not Increase Your Chances of Winning.

ALL ENTRANTS AGREE TO RESOLVE ANY DISPUTE BY BINDING ARBITRATION AND SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

1.              Eligibility.  The Sweepstakes is open only to legal residents of the fifty (50) United States (excluding Rhode Island) who reach the age of majority[1] in their state by the Sweepstakes start date. Employees of Hot Topic, Inc. dba BoxLunch (“Sponsor”), Universal City Studios LLC d/b/a Universal Studios Hollywood (“Universal”, “Universal Studios Hollywood”, or “USH”), and each of their respective parent and subsidiaries, as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.

2.              Entry Period.  The Sweepstakes begins at 12:00 PM Pacific Time on April 3, 2023, and ends at 11:59 PM Pacific Time on April 30, 2023 (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official time-keeping device for the Sweepstakes.

3.              How to Enter.  During the Entry Period, you must: (A) visit www.boxlunch.com/boxlunchletsagosweepstakes, and (B) provide the following information: (i) first name, (ii) last name, (iii) email address, and (iv) consent to these Official Rules and BoxLunch’s Privacy Policy and Terms of Use.

There is a limit of one (1) entry per person. You may not use an agency or any automated system to enter, and Sponsor reserves the right to disqualify any entries received through those methods, as determined by Sponsor, in its sole discretion. By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Sweepstakes, which are final and binding. Winning the prize is contingent upon fulfilling all requirements in these Official Rules.

4.              Drawing.  On or about May 1, 2023, Sponsor will select one (1) grand prize winner (“Winner”) in a random drawing of all eligible entries received. Sponsor will attempt to notify the potential winner within three (3) business days of the drawing.

5.              Potential Winner Requirements.  Except where prohibited, a potential winner may be required to complete and return a declaration of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, and time permits, an alternate potential winner may be selected in his/her/their place in a random drawing of all remaining eligible entries received. Only two (2) alternate potential winners may be contacted.

6.              Prizes.

One (1) grand prize winner will receive the following as a part of the Grand Prize Package (“Grand Prize Package”):

A.             A three (3) day, two (2) night trip for Winner and up to three (3) Guests (“Guests”) to Universal Studios Hollywood in Universal City, California (“USH Trip”). The USH Trip will include:

                                           i.         Round-trip economy class air transportation from a major commercial airport near the Winner’s home (as determined by Universal, in its sole discretion) for Winner and up to three (3) Guests to Los Angeles, CA* (the Winner will be responsible for ground transportation to/from the airport at point of origin);

                                          ii.         Two (2) nights’ standard hotel accommodation (one (1) room, qudaruple occupancy, room and tax only) at the Sheraton Universal Hotel (or at another nearby hotel, as determined by Universal in its sole discretion);

                                         iii.         Non-exclusive ground transportation to and from airport and hotel in Los Angeles, CA*; and

                                        iv.         2-Day General Admission tickets to Universal Studios Hollywood theme park each for the Winner and up to three (3) Guests.

*For a Winner who is a California resident, air transportation may be substituted with another method of transportation by Universal, in its sole discretion.

The Fair Market Value (“FMV”) of the USH Trip is Four Thousand Seven Hundred Forty-Six and 00/100 Dollars ($4,746.00 USD) (actual value may vary depending on departure date and location).

USH Trip Prize Terms and Conditions: USH Trip must be completed by April 30, 2024 or the USH Trip will be forfeited. Depending on crowd conditions, Virtual Line™ reservations may be required to enter SUPER NINTENDO WORLD™. Travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Travel dates are subject to Universal Studios Hollywood and Sponsor approval. Reservations are subject to availability. Trip must be booked at least sixty (60) days prior to intended departure date. If Winner elects to partake in any or all portions of his/her/their USH Trip with fewer than the allotted number of Guests or no Guest, the USH Trip will be awarded to Winner and each participating Guest and any remainder of the USH Trip will be forfeited and shall not be subject to further or alternative compensation. All elements of the USH Trip must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Winner must be eighteen (18) years of age or older. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she/they must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the hotel. Unless child or ward of Winner or one of the allotted Guests, each Guest must be eighteen (18) years of age or older as of the date of departure and must travel on the same itinerary and at the same time as the Winner. FMV of USH Trip may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated FMV and final FMV of USH Trip will not be awarded. USH Trip consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, baggage, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the USH Trip and all such expenses are the sole responsibility of Winner.  Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, baggage fees, and security charges. Winner and Guests are responsible for obtaining, at their own expense, any necessary travel documentation (i.e. valid photo identification, visas, passports, etc.) prior to travel. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Universal Studios Hollywood. USH Trip is non-transferable and has no cash value. All unclaimed and/or unused USH Trip or portion thereof will remain the property of Universal Studios Hollywood and may not be sold, exchanged, or otherwise transferred by winner nor used by Sponsor, its agencies, or clients. Winner and Guests must travel at the same time and must depart from the same city. All details of the USH Trip will be determined by Universal Studios Hollywood in its sole discretion and Universal Studios Hollywood reserves the right to substitute a similar prize or prize element of comparable value.

All theme park and show tickets are valid during normal operating hours only. Operating hours and availability of attraction and shows are subject to change without notice. Some special events may be separately ticketed.  Universal Studios Hollywood reserves the right to change the name of any ticket. Unless otherwise noted, all theme park and show tickets specifically exclude admission to special or separately ticketed ‘hard ticket’ entertainment events at any of the theme parks, hotels, or within any of the Universal CityWalk venues.

The USH Trip is subject to availability and blackout dates, and subject to change without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, and any related governmental or judicial actions taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time this Sweepstakes occurs, render the redemption or fulfilment of some or all of the  USH Trip delayed, hindered, adversely affected, impracticable, or impossible, Universal Studios Hollywood in its sole and absolute discretion, reserves the right to evaluate and make modifications to the redemption and fulfilment processes and timelines for the USH Trip or portion of the USH Trip for which Universal Studios Hollywood is responsible for, which may include but is not limited to providing additional time for redemption and/or fulfilment. Should the USH Trip become unavailable, experiences and items of a similar nature and value may be offered.

In connection with any visit to Universal Studios Hollywood, please be advised that Universal’s policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, Winner an Guests should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Universal destination.  Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor and Universal cannot guarantee that any person will not be exposed during a visit.

By accepting the USH Trip, Winner, on behalf of him or herself and on behalf of any individuals who use the USH Trip, expressly assumes the risk that during use of the USH Trip they may be exposed to COVID-19, the Coronavirus that causes COVID-19, or other communicable and/or infectious diseases. Winner and Guests, if any, expressly understand that these risks include contracting COVID-19 or other communicable and/or infectious diseases and the associated dangers, medical complications and physical and mental injuries, both foreseen and unforeseen, that may result from contracting COVID-19 or other communicable and/or infectious diseases.

B.             One (1) BoxLunch gift card in the amount of One Hundred and Fifty 00/100 Dollars (FMV $150.00).

C.             One (1) Mario Bros. Prize Pack consisting of the following items:

                                           i.         One (1) Nintendo Super Mario Bros. Mario Striped T-Shirt - BoxLunch Exclusive (FMV $32.90);

                                          ii.         One (1) Luigi & Mario Portrait Tee (FMV $29.90); and

                                         iii.         One (1) Movie Poster Tee (FMV $29.90) (total FMV of the Mario Prize Pack equals $92.70).

The FMV of the BoxLunch gift card and the Mario Bros. Prize Pack is Two Hundred Forty-Two and 70/100 Dollars ($242.70) (actual value may vary).

The total FMV of the Grand Prize Package is Four Thousand Nine Hundred Eighty-Eight and 70/100 Dollars ($4,988.70) (actual value may vary).

The Winner is responsible for paying any applicable income taxes and any and all other costs and expenses not listed above. Any prize details not specified above will be determined by Sponsor, in its sole discretion. A prize may not be transferred prior to award and must be accepted as awarded. The winner may not request cash or a substitute prize; however, Sponsor and/or applicable prize provider reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason, as determined by Sponsor, in its sole discretion.

7.              Odds of Winning.  Odds of winning depend on the number of eligible entries received.

8.              General Conditions.  In the event that the operation, security, or administration of the Sweepstakes is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify and seek damages from any individual who tampers with the operation of the Sweepstakes, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication. In the event of a dispute as to the owner of an online entry, the authorized account holder of the email address used to enter will be deemed to be the owner. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited. These Official Rules will prevail and control over all shortened versions of these Official Rules found elsewhere. Sponsor shall have the right to interpret and apply these Official Rules to individual circumstances in its reasonable discretion.

9.              Release and Limitations of Liability.  By entering, you agree to release, hold harmless, and indemnify Sponsor and Universal, and each of their respective parents, subsidiaries, affiliates, and their respective officers, directors, employees, and agents (collectively, the “Released Parties”) from 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: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors that may affect the Sweepstakes; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes; or (f) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorneys’ fees or other legal costs. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

10.           Privacy and Publicity.  Any information you submit as part of the Sweepstakes will used in accordance with Sponsor’s Privacy Policy. Except where prohibited, participation in the Sweepstakes constitutes your consent to Sponsor’s use of your name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

11.           Governing Law, Arbitration, and Class Action Waiver.  THESE OFFICIAL RULES AND THE INTERPRETATION OF THESE OFFICIAL RULES WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES.

YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SPONSOR (AND ANY OTHER RELEASED PARTY), AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, YOUR PARTICIPATION IN THE SWEEPSTAKES,  ANY AWARDS, PRIZES OR OTHER BENEFITS OBTAINED THROUGH THE SWEEPSTAKES, THESE TERMS AND CONDITIONS,  AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE (“DISPUTES”) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.

ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JUNE 1, 2021 (THE “JAMS RULES”), AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY, IN SUCH CASE IN-PERSON HEARINGS SHALL TAKE PLACE AT A MUTUALLY AGREED UPON LOCATION, OR IF THE PARTIES CANNOT MUTUALLY AGREE UPON A LOCATION, THE COUNTY WHERE YOU RESIDE. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY.

DISPUTES MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF YOU AND SPONSOR AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT.

The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Sponsor. Service of the Demand for Arbitration on Sponsor can be mailed to Hot Topic, Inc., ATTN: Hot Topic Legal Department, 18305 E. San Jose Ave., City of Industry, CA 91748, pursuant to the instructions provided by JAMS to submit a Dispute for arbitration.

BECAUSE THE SWEEPSTAKES PROVIDED TO YOU BY SPONSOR CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. YOU AND SPONSOR VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR SPONSOR HAVE TO A JURY TRIAL.

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SPONSOR AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR SPONSOR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ENTRANTS/CONSUMERS, OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, unless both you and Sponsor expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

In the event you commence arbitration, after Sponsor receives notice that you have initiated arbitration, Sponsor will promptly reimburse you for your payment of the filing fee and Sponsor will pay any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.

This Sweepstakes is not sponsored, endorsed, or administered by, or associated with Facebook, Instagram, or Twitter. By entering the Sweepstakes, you agree to release Facebook, Instagram, and Twitter from any and all claims.

12.           Winner’s List.  To request the name of the winner, send a self-addressed, stamped envelope to BoxLunch Attention: Social Media, 18305 E. San Jose Ave., City of Industry, California 91748. Requests must be received by May 1, 2024.

13.           Sponsor.  The Sweepstakes is sponsored by Hot Topic, Inc. dba BoxLunch, 18305 E. San Jose Ave., City of Industry, California 91748.

14.           Prize Provider & Choice of Law.  Universal is only a prize provider in this Sweepstakes, is not a sponsor of this Sweepstakes, and is not responsible for the administration of the Sweepstakes, the collection of the entries, or the conduct of the draws. Entrants are providing information to Sponsor and not to Universal. Any disputes, claims, and causes of action against Universal Studios Hollywood arising out of or relating to any person’s use of, or participation in any portion of the prize involving Universal Studios Hollywood shall be fully and finally adjudicated by binding arbitration to the fullest extent allowed by law (an “Arbitration”) in Los Angeles, California. The Arbitration shall be administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedure of JAMS (available at www.jamsadr.com/rules-streamlined-arbitration/) or subsequent versions thereof, including the optional appeal procedure.