Par Hawaii, LLC and their subsidiaries and affiliated companies (collectively referred to hereinafter as either the “Company” or “Sponsor”) will conduct the Hele x Honolulu Night Market Giveaway (hereinafter the “Sweepstakes”) substantially as described in these rules, and by participating, each participant agrees as follows:
1. Description of Sweepstakes and Prize: Winning participant who enters the Sweepstakes as set forth herein will $500 in Hele Kama’aina Rewards points (“Grand Prize”) to be deposited into their active Hele Kama’aina Rewards account. One (1) Grand Prize will be awarded. Actual Retail Value (“ARV”) of Grand Prize is $500. Sponsor will deposit the miles directly into winner’s Hele Kama’aina Rewards account. Potential winner must establish a free Hele Kama’aina Rewards account if he or she does not already have such an account. Hele Kama’aina Rewards accounts are free to open, and the account and use of the Hele Kama’aina Rewards points are subject to the program’s terms and conditions: http://kamaainarewards.com/termsandconditions/. Hele Kama’aina Rewards points will be deposited within approximately 1-2 weeks after winner confirmation and winner opening a Hele Kama’aina Rewards account. 2. Dates of Sweepstakes:
Sweepstakes: The Sweepstakes will begin on or about 12:01 AM HST 6/3/2023 and end on or about 11:59 PM EDT 6/3/2023 (“Sweepstakes Period”).
3. How to Enter:
1. Download the Hele Kama’aina Rewards mobile application, register, then enter Promo Code displayed Honolulu Night Market 2023. To register on the Hele Kama’aina Rewards mobile application, you will need to provide your email address, actual name and residential address (as they appear on your driver's license or other government identification), phone number, Kama’aina Rewards Card Number, email notification options and accept the Terms & Conditions; or
WINNER'S LIST: For the winner’s name, mail a self-addressed stamped envelope to Winner's List Address below. Mail must be received by the Winner's List Request Deadline of no later than 7/31/2023. List will be sent once the prize has been awarded. Winner’s List Request must be addressed to: Hele x Honolulu Night Market Giveaway, ATTN: Winner’s List, Hele. 91-325 Komohana Street, Kapolei, HI 96707.
NO AUTOMATED ENTRIES: Auto entries prohibited. You must fill out your own entry form without the use of any automated sweepstakes entry filling services or form filling services. The use of any automated, programmed, robotic or similar system to enter is prohibited and will result in disqualification. Entries filled out by anyone other than you will be disqualified.
LIMIT ON ENTRIES: One (1) entry per person applied to the Sweepstakes during the Sweepstakes by registered participant. One (1) download entry per person during the Sweepstakes, as defined herein.
4. Other Requirements: All information must be present. No Purchase necessary. YOU MUST BE EIGHTEEN (18) YEARS OF AGE AND A LEGAL RESIDENT OF THE UNITED STATES AND THE STATE OF HAWAII. PRIZE MUST BE DELIVERABLE TO A HAWAII ADDRESS.
5. Eligibility, and Limitations: Participants and winner must be legal U.S. residents, residing in HI and at least 18 years of age on or before Sweepstakes Start Date. Employees of the Company, the Sweepstakes’ participating sponsors and their advertising agencies, employees of radio or television stations advertising or promoting the Sweepstakes, and members of the immediate family of any such persons are not eligible to participate and win. The Executives of the Company, Hawaiian Airlines, Inc. and members of the immediate family of any such person are not eligible to participate and win.
The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
THE DRAWING: Winner will be selected by random drawing from eligible entries. Odds of winning depend on the number of eligible entries received. Drawing will be conducted by the Company, whose decisions are final on all matters relating to the drawing. Drawing date will be on or about 6/5/2023.
PRIZE NOTIFICATION: Winner will be notified via the Hele Kama’aina Rewards app on or about five (5) business days after the drawing date. Winner by accepting these rules, acknowledges and affirms that they meet the Sweepstakes rules’ eligibility requirements and agree to the publicity/liability set forth below or prize will be forfeited.
7. Publicity; Use of Personal Information. By participating, all participants and winner grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Sweepstakes, participants agree that the Company may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes.
8. Taxes. Any valuation of the prize) stated above is based on available information provided to the Company, and the value of prize awarded to the winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes related to the prize) and paying any expenses associated with any prize that are not specifically provided for in the official rules. Winner must provide the Company with valid identification, mailing address, and a valid taxpayer identification number or social security number before any prize will be awarded. Prize is not transferable, redeemable for cash or exchangeable for any other prize. Any person winning over six hundred dollars ($600.00) in prizes may receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
9. Decisions. By participating in the Sweepstakes, participants agree to be bound by the decisions of Company personnel. Company reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or who Company believes has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, Company reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as Company deems appropriate. All decisions will be made by Company and are final. Company may waive any of these rules in its sole discretion.
10. Miscellaneous. Company may substitute prize in their sole discretion. Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. Written copies of these rules are available by mail with written request with a stamped, self-addressed return envelope at the address indicated above. All entries become the property of Company and will not be returned.
RELEASE OF LIABILITY: IN ORDER TO RECEIVE THE PRIZE, WINNER MUST SIGN AN OFFICIAL WAIVER FORM PROVIDED BY THE COMPANY.
BY ENTERING OR PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT OR WINNER AGREE THAT IN NO EVENT WILL PAR HAWAII, LLC, AFFILIATES OF PAR HAWAII, LLC, SWEEPSTAKES PARTIES, SWEEPSTAKES PROVIDERS AND ALL THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, AGENTS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, OR ANY OTHER SPONSOR OR PROVIDER (COLLECTIVELY “RELEASEE(S)”) BE RESPONSIBLE OR LIABLE FOR, AND YOU HEREBY RELEASE THEM FROM, ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, COSTS, EXPENSE OR LIABILITY OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, PERSONAL INJURIES AND/OR DEATH, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AND COUNSEL FEES AND COURT COSTS) ARISING OR RESULTING FROM ANYTHING RELATING TO:
THE PRODUCTION, PROMOTION, ADMINISTRATION OR EXECUTION OF THE SWEEPSTAKES (OR YOUR PARTICIPATION IN IT);
CANCELLATION, MODIFICATION OR RESCHEDULING OF ANY ASPECT OF THE SWEEPSTAKES;
OF ANY WEB SITE(S) RELATED TO THE SWEEPSTAKES OR MATERIALS ON THE WEB SITE;
ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF THE PRIZE; OR
PARTICIPATING IN OR TRAVELING TO ANY SWEEPSTAKES-RELATED ACTIVITY.
LIMITATIONS: Neither Company nor any other Releasees are responsible for: lost, late, damaged, incomplete, illegible, stolen, misdirected, or postage due mail, shipping or email; any website, computer, telephone, satellite, cable, network, Internet or other equipment, electronics, software, service, transmission, connection, processing or other errors, failures, congestion, accessibility or availability issues; unauthorized access, tampering, hacking, theft or destruction; or other technical or human error in the receipt or processing of entries or other submissions (whether to or from) or otherwise related to the production, promotion, administration or execution of the Sweepstakes.
TAMPERING/VIOLATIONS/DISRUPTION: Company may, in its sole determination, disqualify any person it believes may be tampering with the entry or other operation of the Sweepstakes or acting in violation of the rules, in a non-sportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
CANCELLATION/MODIFICATION: Company may, in its sole discretion, cancel, terminate, modify or suspend the Sweepstakes if the Sweepstakes is not capable of running as Company planned for any reason (including, but not limited to, due to tampering, unauthorized intervention, computer virus, fraud, technical or human error or any other causes which Company, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or intended conduct of this Sweepstakes). In the event of cancellation, the drawing will be conducted from among all eligible entries received prior to cancellation.
EMAIL ACCOUNT HOLDER: If the holder of an email account is disputed, entry will be deemed made by the natural person who is assigned to the e-mail address by the internet access provider, online service provider or other organization (e.g., business, school, etc.) that assigns e-mail addresses for the domain associated with the e-mail address.
NO PRIZE WARRANTY: WITHOUT LIMITING THE FOREGOING, PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Compliance with Law. The conduct of the Sweepstakes is governed by the applicable laws of the United States of America and the state of Hawaii, which take precedence over any rule to the contrary herein. Company shall follow the applicable laws for conducting Sweepstakes, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winner, providing specific written information about the Sweepstakes, etc. as required by local and state law.
Governing Law and Venue. The laws of the State of Hawaii, excluding the rules of conflicts of law, shall govern this and all matters arising out of or related to this Sweepstakes. The parties, including Sweepstakes winners, hereby submit to the jurisdiction of the state or federal courts located in Honolulu, Hawaii. Each party expressly agrees that it is subject to the jurisdiction and venue of those courts for purposes of such litigation. Each party hereby waives and covenants not to assert any claim that is not subject to personal jurisdiction in those courts or that venue in those courts is for any reason improper, inconvenient, prejudicial or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of forum non conveniens).