Contest RulesNO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.
No purchase necessary. Must be 18 or over to enter. Open to residents of the United States and Washington D.C.
1. Eligibility No purchase necessary. The Shaka Summer Contest (the Contest) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Discover Hawaii Toursand other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws, regulations and these official rules (Contest Rules). Discover Hawaii Tours (Sponsor) will not award a prize to anyone not meeting the eligibility requirements at the time of entry. By entering, all entrants and participants agree to be bound by the terms and conditions herein. Sponsor reserves the right to disqualify any entrant if these Contest Rules are not followed.
3. Agreement to Official Rules Participation in the Sweepstakes constitutes entrants full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Contest Period The Contest begins on July 01, 2012 at 00:00 Hawaii Standard Time and ends on August 24, 2012 at 23:59 Hawaii Standard Time (the Contest Period). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods: Online, or alternative method.
5. How to Enter Online: This method of entry will be available by visiting our website (http://www.shakasummer.com) or our Facebook page (http://www.facebook.com/discoverhawaiitours) and following the directions provided to fill out the entry information, upload your photo, and submit.
Limit one (1) entry per person, per email address, and per household for the duration of the Sweepstakes Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
Alternative entry method: on a 3"x 5" card you may handwrite: (a) your full legal name, (b) physical mailing address (no P.O. Boxes), (c) daytime telephone number (area code included), (d) that you are "18 years of age or older," (e) and include your photo entry in an envelope to: Discover Hawaii Tours Marketing, Attn: Shaka Summer Contest, 955 Waimanu St., Honolulu, HI 96814. You may enter once during the Contest Period. All mail-in entries must be postmarked between July 1, 2012 and August 24, 2012 and be received by Sponsor no later than Monday, August 27, 2012.
Each entrant shall be the natural person (and not a business organization) holding the Facebook account and who is assigned the submitted email address at the time of entry by the Internet access provider, online service provider, internet domain owner, or other person or organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. All entries become the property of Discover Hawaii Tours. You grant the Sponsor, and its subsidiaries and corporate affiliates, and the affiliated, co-branded and/or linked website partners through whom we provide service a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.
6. Prize Drawing On or about August 27, 2012, the Sponsor will select four (4) potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify each potential winner (the Prize Winner) via telephone or email on or about August 28, 2012. If the potential winner cannot be contacted within five (5) days after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries.
7. Winner Notification The potential winners will be notified by email, mail or phone. Each potential winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return appropriate forms and/or documentation, including electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential 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. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest.
Should the photo of any winner include any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties (e.g. brand names or trademarks), and/or the image of persons other than the Prize winner, the Prize Winner must provide a signed written personal release from all such other persons whose property or image appear in the submitted photo authorizing Sponsor's use of the photo and the images and likenesses as described herein. Photos that include the image of a minor will require a release from the parent or legal guardian of said minor. Each Prize winning photo may also be posted on the Sponsor's website and may be used in other press releases, commercials, magazines and other publications owned or utilized by Sponsor without further compensation, notification or other consideration to the entrant.
No cash redemption or prize substitution allowed by a Prize Winner. Sponsor reserves the right to substitute a prize of equal or greater value for any reason in the sole discretion of Sponsor if the Prize or any component thereof is unavailable for any reason.
8. Prizes Each winner will receive one (1) gift basket including: one (1) Manoa Chocolate gift box; one (1) Big Island Bees gift set; one (1) Maui Soap Company gift set; and one (1) bag of Hawaiian coffee.
9. General Conditions In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Contest Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorneys fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Contest Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability By participating in the Contest, entrants agree to release and hold harmless the Sponsor, Facebook, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloadsor in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorneys fees. 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 Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. Disputes Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Hawaii. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Hawaii, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Hawaii.
13. Official Rules and List of Winners For a copy of these Official Rules or the names of the Prize Winners (available within approximately 60 days following the Contest Period), visit http://www.shakasummer.com or send a request and self-addressed stamped envelope to: "Official Rules Request" or "Winner List Request" (as applicable), Discover Hawaii Tours Marketing, Attn: Shaka Summer Contest, 955 Waimanu St, Honolulu, HI 96814.