Official Rules
No purchase is necessary to enter or win this contest. Void where prohibited by law.
ELIGIBILITY:
The "Hawaii Discount Photo Contest" (the "Contest") is open only to legal residents of the United States. To be eligible, an entrant must be at least eighteen (18) years of age or older as of the date of entry. Employees of Hawaii Discount (the “Sponsor”) and any individual or entity associated with the development or administration of this Contest (collectively, the "Contest Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are not eligible to participate in this Contest. Sponsor will not award a prize to anyone not meeting the eligibility requirements at the time of entry. All federal, state and local rules and regulations apply and this Contest shall be subject to such laws and these Official Rules. 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 Official Rules are not followed.
HOW TO ENTER:
The Contest entry period begins at 12:01:01 a.m. (Hawaiian Standard Time/HST) on January 28, and shall end at 11:59:59 p.m. (HST) on April 15, 2010, but may be extended in Sponsor's sole discretion (the "Promotion Period") and Sponsor's computer shall be the official timekeeper. Photos submitted before or after the contest period will not be eligible for consideration.
1. No more than 1 photo entry per person will be allowed. The photo you wish to submit must be emailed to PhotoContest@Hawaiidiscount.com.
2. Photo must a travel theme to be considered.
3. All photos submitted must be an original work. We will accept photos taken by you or photos of you. If the photo is of you but taken by someone else you must have their consent to use the picture that you submit. You are required to comply with all U.S. and international copyright laws, any and all laws regarding intellectual property and you will indemnify Hawaii Discount and its affiliates for any violations in connection with the image(s) submitted.
4. No purchase necessary to enter the Hawaii Discount Photo Contest.
5. We reserve the right to reject any photos which in our sole and absolute discretion, deem offensive, violate law or are unsuitable in any other manner. Hawaii Discount is not required to provide any explanation for the rejection. Examples of the types of photos we will reject include: Pornographic or nude images, Photos depicting crimes, Images promoting illegal drug use.
6. When emailing the photo the email must contain the statement “I own this photo and am authorized to use it in the Hawaii Discount Photo Contest.”
RELEASE:
The Contest Entities (including the Sponsor), Facebook and any and all Internet service and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents, (collectively, the "Releasees") are not responsible for any of the following: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to a participant's or any other person's computer relating to or resulting from participation in this Contest; any inability to email, access a website, access or register with Facebook, the theft, tampering, destruction, or unauthorized access to, or alteration of, entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including hawaiidiscount.com, facebook.com) or for any other reason whatsoever; typographical, printing or other errors; late, lost, stolen, mutilated, misdirected or postage-due mail, or any combination thereof. Proof of entering information at any website is not considered proof of delivery or receipt. Illegible or incomplete entries or entries in excess of the allowed number above will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render an entrant ineligible. By entering the Contest, entrants affirm that they have read and accepted these Official Rules. Any information collected by registering to enter the Contest shall be used only in a manner consistent with these Official Rules.
WINNER SELECTION:
The Photo with the highest number of facebook “likes” will be the winner. In the event of a tie the tied photos will have a 48 hour runoff. Photos in the runoff will continue to receive “likes” for 48 hours after the contest ends. The runoffs will continue until we have a single winner.
Eligibility: In order to participate in the Contest, you must be a legal resident of the United States. All federal, state, and local laws and regulations apply. Void where prohibited or restricted. Must be 18 years of age or older to enter. Employees, officers and directors of Hawaii Discount and its affiliates and their immediate families and those living in the same household are not eligible to enter or win.
In the event of a dispute as to the identity or eligibility of a winner based on an email or Facebook account, the winning entry will be declared made by the "Authorized Account Holder" of the email or Facebook account at time of entry. "Authorized Account Holder" is defined as the natural person, 18 years of age or older, who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email account associated with the entry. Entry must be made by the Authorized Account holder only. 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 Contest. The use of any device or software to automate the entry process is prohibited.
Submissions of Photographs:
All work submitted must be original work. Digitally enhanced images, manipulated or composites of multiple images must be derivations of the original photos for which the entrant is the copyright holder. We will accept photos taken by you or photos of you. However since photos of you are usually taken by someone else, you MUST have their consent to use the picture that you submit. As such, you are required to comply with all U.S. and international copyright laws, any and all laws regarding intellectual property and you will indemnify Hawaii Discount and its affiliates for any violations in connection with the image(s) submitted to the Contest. Furthermore, entrants agree to indemnify and hold harmless Hawaii Discount, its affiliates, subsidiaries, parents, directors, offices, and employees, against any and all claims, judgments, damages, liabilities, penalties and fines of any kind, stemming from any discovery that the submitted photo violates any and all applicable laws. By submitting your images, you grant Hawaii Discount and it affiliates the right to use, publish or disseminate any of your images in print and/or on our website, online publications, email newsletters or in any other manner we desire. You also waive any claims of ownership or copyright protection with the photos you submit.
PRIZES:
The prize winner will receive two airline tickets in the form of 25,000 miles each (50,000 miles total) to be used on a predetermined major carrier before April 15, 2012. Transportation between the winner's residence and the departing airport, and all charges, fees and costs of transportation, to and from the airports and any accommodations necessitated thereby are the sole responsibility of the prize winner. Baggage charges may also apply. Failure to follow proper redemption procedures may result in award nullification. Other fare and ticketing restrictions apply. The prize is not transferable, exchangeable, replaceable, negotiable, or refundable and has no cash value. Sponsor is not responsible to ticket award holders for any applicable benefits customarily provided to revenue passengers, which may include re-accommodation. In addition, no denied boarding compensation will be offered to complimentary ticket holders. 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. Hawaii Discount will notify the winners via email or Facebook message. Winners agree to the use by Hawaii Discount of their name, address, likeness, images submitted and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law.
All Federal, state and local tax liabilities are the responsibility of the prize winners. Acceptance of a prize constitutes permission (except where prohibited) and a grant to the Sponsor and its designees, of the unrestricted and irrevocable right and permission to use the winner's name, likeness, image, voice, hometown, entry information, and biographical information in any and all media now or hereafter known, including but not limited to broadcasting, webcasting, podcasting or other transmission, in whole or in part, for any purpose, including without limitation marketing, promotional and publicity purposes. This permission and grant is without additional compensation to such winner or any limitation, and such winner hereby releases Sponsor and its designee(s) from any liability with respect to such use. Prize winners will be required to complete an affidavit of eligibility/liability/publicity and release as well as any other documents required by Sponsor (e.g., tax forms), as a condition to receiving a prize. Failure to do so may result in disqualification and the selection of an alternate winner selected at random from remaining eligible entries. Upon prize forfeiture, no compensation will be given.
In order to have a guest ("Guest") accompany a winner on the prize trip, each winner must provide the name of the Guest and the Guest's consent to provide the Guest's name to Sponsor. Sponsor reserves the right to verify that such consent was provided. By accompanying the winner on the prize trip, the Guest grants to Sponsor and the Releasees (which grant will be confirmed in writing on request of Sponsor), the right and permission, at Sponsor's option, to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Guest's name, portrait, picture, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes without additional consideration, compensation, permission, or notification.
SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO A PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER'S OR GUEST'S ACCEPTANCE OR USE OF THE PRIZE.
LIMITATIONS ON LIABILITY:
Releasees shall not be liable to any prize winner, their Guest, or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees' sole control. By entering this Contest, entrants agree that Releasees shall not be liable for damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Contest or acceptance of or use or inability to use a prize including, without limitation, claims, suits, injuries, losses and damages related to damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Winners release the Releasees from any and all liability and responsibility with respect to any prize. Winners acknowledge the Releasees have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to any prize.
ONLINE ISSUES:
If for any reason this Contest is not capable of running as planned, or if this Contest or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entering of the Contest and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, the Sponsor reserves the right, in Sponsor's sole discretion, to disqualify any entrant implicated in such action and/or to cancel, terminate, modify, or suspend this Contest or any portion thereof. If such cancellation, termination, modification, or suspension occurs, notification will be posted at Sponsor’s website http://www.hawaiidiscount.com
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES:
This Contest is intended for participation in the United States and shall be governed as such. Under no circumstances will entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest, if any), and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of South Carolina without regard to South Carolina choice of law rules.
THE SOUTH CAROLINA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS SWEEPSTAKES. ENTRIES WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.