Rules and Regulations:
Contest Name: A SUMMER TO BE FORGIVEN
Contest Dates: 8/9/2015 – 9/6/2015
Promotion Platform: Radio: KRTR FM: 90s, 2K, Today; KCCNFM: The #1 Hawaiian Hit Music Station; KPHWFM: Hawaii’s #1 for the Most Hip Hop and Hits; KINEFM: The Hawaiian Music Station; KKNEAM: All Traditional Hawaiian All the Time
Summit Media, LLC, its parent, subsidiaries and affiliated companies (together, the “Sponsor”), will conduct the Contest substantially as described in these rules, and by participating, each participant agrees as follows:
Description of Contest/Participation.
NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED. MUST BE 18 YEARS OF AGE AS OF BEGINNING OF CONTEST PERIOD.
Dates of Contest:
Contest begins at 8:00 a.m. or store opening Hawaii Time, 8/9/2015 and ends 12 midnight or store closing Hawaii Time, 9/6/2015 (“Promotion Period”).
How to Enter:
To participate in this contest you must:
Have a valid Twitter or Instagram account (an “Account”). If you do not have an Account, visit twitter.com or www.instagram.com and register in accordance with the enrollment instructions for a free Twitter or Instagram account.
Become a follower (a “Follower”) of the official @ForgivenHawaii channel (the “Channel”).
During the entry period, upload your photo to the Channel using your Account, which contains all of the following elements (together, an “Entry”).
Take a selfie at Longs Drugs with the Forgiven display (the “Contest Photo”);
attach your selfie which complies with the Photo Entry Specifications as defined below; and
Include the following hashtag: #ForgivenHawaii
Your Contest Photo must comply with the following specifications (the “Photo Entry Specifications”).
be your original creation, and be a photograph taken solely by you. Reproducing, modifying, enhancing or altering a third party’s pre-existing work does not qualify as your original creation;
not violate the rights of any third party, including, but not limited to copywright. For example, your Contest Photo must not defame, infringe or violate publicity or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s, entity’s or organization’s personal or proprietary rights, including but not limited to, intellectual property rights. For greater certainty, your Contest Photo must not contain trademarks, logos, or trade dress owned by anyone other than the Sponsor, or advertise or promote any brand or product of any kind, without express, written, prior permission of the trademark or brand owner;
not have been published previously, used commercially, submitted to another competition or contest, or won any other award;
be in “good taste” and in keeping with the Sponsor’s brand image and must not be explicit, offensive, obscene, or profane, and must not be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession, or age group, or promote any activities that may be unsafe or dangerous, as determined by the Sponsor, in its sole and absolute discretion;
not contain any commercial content that promotes any product or service;
not defame, misrepresent or contain disparaging remarks about Sponsor or its products;
not be false, inaccurate or misleading;
not violate any law or regulation;
not be libelous, threatening or harassing;
not instigate others to commit illegal activities or violate human rights; and
not contain any viruses, worms, or other interfering computer programming.
You will receive one (1) Entry in the Contest when you upload your Selfie as described in Section 1 and 2 above and in accordance with these Rules. LIMITE (1) ENTRY PER PERSON/ACCOUNT DURING THE CONTEST PERIOD (regardless of how many times you submit a photo). For greater certainty and the avoidance of any doubt, you can only use one (1) Account to participate in the Contest. If it is discovered that you attempted to enter more than once during the Contest Period, then all your Entries will be void. Use of any automated system to submit Entries is prohibited and will result in disqualification.
BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY (INCLUDING YOUR USERNAME AND PROFILE PICTURE) MAY BE POSTED ON TWITTER, FACEBOOK AND/OR SPONSOR’S PROPRIETARY WEBSITES, WHERE IT MAY BE VIEWED, SHARED (BY USERS OF TWITTER AND VARIOUS OTHER INTERNET-BASED SITES) AND COMMENTED ON BY THE SPONSOR AND THE GENERAL PUBLIC.
SELECTION OF WINNER
Winner will be selected at random between September 8 – 11, 2015 (the “Contact Period”) by SUMMIT MEDIA HAWAII (the “Sponsor”).. The Sponsor will then contact the winner. One (1) Grand Prize winner will receive Four (4) tickets to the University of Hawaii’s Homecoming Football Game on October 10, 2015 against San Diego State (approximate value $260), a cooler filled with select University of Hawaii logo items (approximate value $350), two (2) one hundred dollar gift cards to select grocery store (value $200), (1) $100 Longs Drugs gift card (value $100), a case of Forgiven (approximate value $71), a trip for two to Las Vegas (approximate value $1,500), and two (2) tickets to the University of Las Vegas game against the University of Hawaii (approximate value $260). Winner must reply to the private message during the Contact Period and provide the Sponsor with a telephone number at which the winner can be reached during the Contact Period. It is your responsibility to set your Account settings to accept messages by Sponsor and to check your Twitter Account for such messages during the Contact Period and provide the Sponsor with a telephone number at which the selected winner can be reached during the Contact Period.
The Grand Prize does not include, and the Sponsor will not pay for, transportation to and/or from Honolulu if winner resides outside of the Island of Oahu.
Winner need not be present to win. Winner must pick up his or her prize at Summit Media Hawaii, located at 900 Fort Street Mall, Suite 700, Honolulu, HI 96813 within 48 hours of notification. Prizes are not redeemable for cash or exchangeable for other prizes. Winner(s) that reside outside of Oahu must provide own air transportation and/or mailing of prize(s).
GENERAL
By entering the Contest, each entrant agrees to abide by these Contest Rules. This Contest is subject to all applicable federal, provincial and municipal laws. Void where prohibited by law. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.
Sponsor reserves the right to cancel, suspend, withdraw or amend this Contest in any way, without prior notice or obligation, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Contest as contemplated by these Contest Rule. Any attempt to deliberately undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
You must warrant that your Contest Photo meets the Photo Entry Specifications, set out above. Sponsor reserves the right to deem ineligible and exclude from the Contest any Contest Photo that Sponsor, it its sole and absolute discretion, determines does not meet the Photo Entry Specifications. Your right to submit a Contest Photo must not be restricted in any way. You must be able to provide legal releases for use of your Contest Photo by Sponsor in any format, and materials related to the Contest, including in relation to any third party’s name, likeness or work (“Third Party Elements”) included in your Contest Photo.
Sponsor’s right to use your Contest Photo: You acknowledge that your Contest Photo will immediately appear in your Twitter feed after it is posted an may appear in other electronic and print materials related to the Contest, including promotional materials. By posting a Contest Photo using the designated Hashtag and Channel name, you irrevocably, perpetually, and without limitation, grans Sponsor the right to use, publish, adapt, sub-license, edit, dispose of, and/or modify such Contest Photo and the concepts and Third Party Elements embodied therein in any way, in commerce, and in any and all media worldwide in electronic and print materials related to the Contest, and waive all your rights, including moral rights, in the Contest Photo, without notice or compensation, and agree that you may be required to sign a release to that effect.
All Entries are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor – including, without limitation, government issued photo (identification): (i) for the purposes of verifying an individual’s eligibility to participate in ths Contest (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with these Rules. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).
By entering the Contest and submitting a Tweet, each entrant: (i) without limiting the Twitter Terms of Service grants to the Sponsor, in perpetuity, a non-exclusive license to publish, display, reproduce, modify, edit or otherwise use his/her Tweet, in whole or in part, for advertising or promoting the Contest or for any other reason; (ii) waives all moral rights in and to his/her Tweet in favour of the Sponsor; and (iii) agrees to release and hold harmless the Contest Parties and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action that relate in any way to the Tweet. For greater certainty and the avoidance of any doubt, the Sponsor reserves the right, in its sole and absolute discretion and at any time, to modify, edit or disqualify any Tweet if a complaint is received with respect to the Tweet, or for any other reason. If such an action is necessary at any point, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated entrant. If the Sponsor determines, in its sole and absolute discretion, that any Tweet does not comply with these Rules for any reason at any time, then the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Tweet (and corresponding Entry) and/or the associated entrant.
Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise, illicit means to enter the Contest, or any other methods not authorized by these Contest Rules, for example, but not limited to, creating multiple Twitter accounts, shall be deemed as tampering and may disqualify you from entering, participating, winning prizes (defined herein), and preclude you from participating in future contests and promotions, at the sole discretion of Sponsor. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions these rules will be judged void. All Entries become the property of Sponsor upon receipt and none will be returned. Proof of transmission (screenshots or captures, etc.) does not constitute proof of receipt.
Without limitation, the Sponsor, its advertising and promotion agencies and the Contest judges will not be liable for any failure of the website during the Contest; for an technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; for the failure of any Entry to be received by the Sponsor, its advertising and promotion agencies or the Contest judges for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above. Further, the Sponsor, its advertising and promotion agencies and the Contest judges will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.
In the event of a dispute, Entries will be deemed to have submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the person who is assigned an email address by an internet provider, online service provider, or other organization (e.g. business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. If the identity of an online entrant is disputed, the authorized account holder associated with the email account at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email address associated with the selected Entry. The sole determinant of the time for the purposes of a valid online Entry in this Contest will be the Contest server machine(s).
By entering this Contest, each entrant expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest. Your use of Twitter is subject to the Twitter Privacy Policy (available at: https://twitter.com/privacy).
Contest is in no way sponsored, endorsed, or administered by, or in association with, Twitter or Instagram. Any questions or comments regarding the Contest should be directed to the Sponsor, not Twitter or Instagram.
Prizes/Odds. No Cash prizes will be awarded in this Contest
Odds of winning this Contest prize depend upon number of entries received. Limit one Prize Winner.
Prizes are not transferable, redeemable for cash or exchangeable for any other prize. If the winner cannot be contacted or is disqualified, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
Eligibility and Limitations. Participants and winner(s) must be legal residents of Hawaii and if the participant is under the age of 18, a parent or guardian will need to accompany them in order to pick up the prize. Only one (1) prize per household from any of the Company’s stations within any thirty (30) day period. Winner(s) who reside outside of Oahu must provide own air transportation and/or mailing of prize(s). Employees and directors of Forgiven, Webco, Summit Media Hawaii, Longs Drugs, CVS and any of their respective parents, subsidiaries, and affiliated companies, advertising, promotion, or production agencies (and their respective IRS dependents, immediate family members [spouse, children, siblings, parents] and individuals residing in their same household) are not eligible to participate. 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.
Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.