OFFICIAL PRIZE DRAWING RULES
1. Promotion Description. This prize drawing is sponsored by Kamehameha Schools and PBR HAWAII (“Sponsor(s)”). The promotion begins at November 23, 2018 and ends at March 31, 2019. Entries must be received by March 31, 2019. Promotion is void where prohibited. By entering, each entrant accepts and agrees to be bound by these promotion rules.
2. Eligibility. No purchase necessary to enter or win. This promotion is open only to legal U.S. residents of the State of Hawai‘i, who are 18 years of age or older at the time of entry. Employees and immediate family members of employees of Kamehameha Schools and PBR Hawaii, the other Sponsor(s), and their respective parent companies, affiliates, subsidiaries, agents, and their advertising and production agencies are not eligible to participate in this prize drawing. Participation in this promotion constitutes each entrant’s full and unconditional representation of their satisfaction of all eligibility requirements set forth in this paragraph. Only one entry per individual will be accepted, and multiple entries will be disqualified.
3. How to Enter. Beginning at November 23, 2018, individuals can go to www.kapalamakai.com and complete the online survey which enters them into the prize drawing. Entries must be received by March 31, 2019 at 11:59 p.m. in order to qualify. All entries become the property of Sponsor(s), and Sponsor(s) reserve(s) the right to use any information submitted by entrants.
Entries must be filled out completely and legibly in order to qualify, and will be void if they are, in whole or in part, incomplete, illegible, damaged, irregular, counterfeit, altered, or obtained through theft or fraud. No mechanically reproduced, software-generated or other automated multiple entries are permitted. Sponsor(s) is/are not responsible for lost, late, illegible, misdirected or mutilated entries, including due to transmission, technical, and/or network failures of any kind, including, without limitation, malfunctioning of any hardware or software (whether originating with sender or Sponsor(s)), telephonic failures, human error, or any other error or malfunction. For online entries, the authorized account holder of the e-mail address submitted at time of entry will be considered the entrant. An “authorized account holder” shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. A potential winner may be requested to provide proof that he or she is the authorized account holder of the e-mail address associated with a winning entry.
Entrants agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any web site or undermine the operation of the promotion is a violation of criminal and civil laws, and Sponsor(s) reserve(s) the right to seek damages from any person who makes such attempt(s).
Entry materials that have been tampered with or altered are void. Any questions regarding the number of entries submitted by an individual or the authorized account holder of an e-mail address shall be determined by Sponsor(s) in its/their sole discretion, and Sponsor(s) reserve(s) the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the prize drawing.
By entering this prize drawing, entrant agrees that Kamehameha Schools and the other Sponsor(s) of this prize drawing may provide entrant with promotional materials.
4. Prize(s). A gift card worth $50 from Palama Supermarket, Foodland, Zippy’s, 7-Eleven and Aloha Petroleum
No prize may be exchanged for cash, transferred, or assigned by the winner(s). Sponsor(s) reserve the right to substitute a prize, in which case a prize of equal or greater value will be awarded.
5. How the Prizes are Awarded. Winners of the prize giveaway will be selected in a random drawing under the supervision of the Sponsors. Winners will be notified via the email provided on the survey within five (5) days following the winner selection. The Sponsors shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected.
6. Conditions of Acceptance of Prize. Driver’s license or other appropriate picture identification is required to claim a prize. The winner(s), and if applicable any travel companion(s), will be required to execute and return a release and affidavit of eligibility within 15 days of prize notification, or the prize will be forfeited. A winner must take possession of his or her prize by April 15, 2019 or the prize will be forfeited.
Winner(s) will be solely responsible for any and all local, state, and federal taxes, as well as license and registration fees, transportation costs, gratuities and other items of an incidental nature and will and hereby do hold Sponsors harmless from liability for failure to timely report and/or pay such taxes. Kamehameha School will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one year period to the Internal Revenue Service. Winner(s) will receive a Form 1099 from Kamehameha Schools reports any winnings to the Internal Revenue Service.
Each winner agrees to the use of his or her name and likeness in publicity (whether online, in print or through any other media now known or hereafter developed) without any additional compensation, except where prohibited by law. By entering this prize drawing, each winner acknowledges that Kamehameha Schools, and all other sponsors and venues, have the right to publicize and broadcast each winner’s name, voice, and likeness, the fact that he or she won, and all matters incidental thereto.
7. Indemnification; Limitation on Liability. By entering this prize drawing, each entrant agrees to indemnify and hold harmless Sponsor(s) and its and their respective parent companies, subsidiaries, affiliates, and their respective directors, trustees, officers, employees, and agents (collectively, the “Released Parties”) from and against any and all liability, damages, claims, causes of action (however named or described), suits, and demands of any kind arising from or in connection with the promotion, including, without limitation, responsibility for property damage, loss of life, or personal injury or death resulting from or in connection with participating in the promotion or from or in connection with use or receipt of the prize(s), however caused. By entering this promotion, entrants agree to release all rights to bring any claim, action or proceeding against Sponsor(s) or any of the Released Parties, further covenant not to sue Sponsor(s) or any of the other Released Parties and hereby acknowledge that neither Sponsor(s) nor any Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the promotion or the prizes. Neither Sponsor(s) nor the Released Parties are responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the promotion or the use of any information submitted by an entrant in connection with the promotion.
8. Sponsor’s Reservation of Rights. These official rules are subject to modification by Kamehameha Schools. In the event of a dispute, all decisions made by Kamehameha Schools are final and binding. Sponsor(s) reserve(s) the right, in its/their sole discretion, to disqualify any person who tampers with the entry process or the operation of Sponsor’s/Sponsors’ web site(s), or who otherwise acts in violation of these official rules. Sponsor(s) further reserve(s) the right, in its/their sole discretion, to cancel, terminate, or modify this promotion if, for any reason, the promotion is not capable of completion as planned (including, but not limited to, for the following reasons: infection by computer virus, technical corruption, force majeure, or non-authorized human intervention that compromises or affects the administration, fairness, integrity, security, or proper conduct of the promotion).
9. Governing Law. Except where prohibited, entrants each agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Hawai‘i courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, but in no event attorneys’ fees; and (3) under no circumstances will an entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of the entrants and Sponsors in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of Hawai‘i without giving effect to any choice of law or conflict of law rules (whether of the State of Hawai‘i or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawai‘i.
10. List of Winners. For a list of winners (once they are determined), send a self-addressed stamped envelope to Kamehameha Schools, Communications. 567 S. King St. Suite 400., Honolulu, HI 96813 or visit the website at Kapālamakai.com between April 2, 2019 to April 2, 2020.