Outrigger Kiahuna Plantation Stay Giveaway Official Rules, Terms and Conditions

OFFICIAL RULES

NO PURCHASE, ACCOMMODATION RESERVATION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN THE PRIZE IN THIS SWEEPSTAKES.  A PURCHASE OR ACCOMMODATION RESERVATION WILL NOT IMPROVE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW. 

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.

Eligibility: The Outrigger Kiahuna Plantation Sweepstakes(“Sweepstakes”) is only open to permanent legal residents of the fifty (50)states of the U.S., and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions of the U.S.), who are physically located and residing therein, who are 21 years of age or older and have online access as of the date of entry. Entrants must also have either a valid social security number, social insurance number and/or a valid personal tax identification number. Entrants may also submit one sweepstakes entry per person through Facebook; however, the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook and Facebook is completely released of all liability by each entrant in this Sweepstakes. Sponsor (defined below) has no affiliation with Facebook and any responsibility for, or control of any matters relating to Facebook or Facebook accounts.  Employees of Outrigger® Hotels Hawaii [“Outrigger”] (“Sponsor”), Sweepstakes administrator, their advertising or promotion agencies, those involved in the production, development, implementation or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, vendors, subsidiaries, franchisees, affiliates, licensees, service providers, prize suppliers, any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and/or members of their immediate families (spouses, children, siblings, parents) and/or persons living in the same household as such persons, whether or not related, are ineligible to enter the Sweepstakes.

Sponsor:  The Sponsor of this Sweepstakes is Outrigger® Hotels Hawaii -2375 Kuhio Avenue, Honolulu, HI96815.

Sweepstakes Description: For all purposes of this Sweepstakes, the Website’s computer is the official clock and all times refer to Eastern Standard Time (“EST”). This Sweepstakes begins at 9:00:01 AM EST on November 11, 2013 and ends at 10:00:01 PM EST on November 29, 2013 (“Sweepstakes Period”). Prospective entrants must enter either via GoVisitHawaii.com (“Website”) or GoVisitHawaii.com Facebook page (“Facebook”). Entrants understand that they are providing their information to Outrigger Hawaii and not Facebook.

Prize/Odds of Winning:One (1) Prize. One (1) Prize winner (“Prize Winner”) will receive an accommodations certificate for a five (5) a five-night stay in a one bedroom, garden view unit at the Outrigger Kiahuna Plantation resort for him/her and one (1) additional guest (the “Prize”). The Prize shall include any parking fee, check-out cleaning fee, and applicable state of Hawaii General Excise and Transient Accommodation Taxes.  Approximate Retail Value (“ARV”) of the Prize:  $2,000.  U.S. Odds of winning the Prize depend on the total number of eligible Sweepstakes Entries received during the entire Sweepstakes Period.

The Prize shall be forfeited if not completed by December 15, 2014.  Redemption of the Prize is subject to hotel availability, holiday and black-out dates, and all other prize and travel restrictions. Prize winner shall be solely responsible for traveling to the Outrigger Kiahuna Plantation resort.  Prize Winner and his/her Guests will be required to have/present at least one major credit card or debit card in good standing or make a cash deposit upon check-in at the hotel. Prize Winner and Guests (if applicable) are solely responsible for providing all necessary identification documents and will be responsible for obtaining all necessary travel documents. Items not specifically mentioned as being included as part of the Prize are the sole responsibility of the Prize Winner and his/her Guests including, but not limited to, travel tax, tips, travel insurance, room service, laundry service, additional meals, entertainment, ground transportation, baggage fees, hotel incidentals, local and long distance telephone calls, gratuities, personal items, government fees, and all other costs and expenses not otherwise mentioned herein. No cash equivalent for prize (or prize element) will be available. Prize is not transferable. However, Sponsor may, in its sole discretion, choose to substitute the prize (or prize element) for one of equal or greater value due to prize unavailability or for any other reason. Prize and prize documentation will be sent to an address only within the fifty (50) states of the U.S., D.C., (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions of the U.S. and Quebec [Canada]).  Prize Winner will be issued an IRS Form 1099 from the Sponsor or Sponsor’s designee for the total ARV of the prize won (as stated herein) in the calendar year the prize was won.  Any depiction of prize (or prize element) in Sweepstakes materials or otherwise, are for illustrative purposes only. Prize Winner shall be solely responsible for any and all federal, state, local, provincial or other taxes arising from participation in the Sweepstakes or awarding of the prize including, without limitation, income taxes. Sweepstakes Entities are not responsible for delays in delivery of prize. Sweepstakes administrator is not the guarantor of the prize (or prize element).

Drawing and Notification of Winner:  The potential Prize Winner will be randomly selected on or about December 2, 2013 in a drawing to be held from among all eligible Sweepstakes Entries received during the Sweepstakes Period by the Sweepstakes administrator. Confirmation emails must be completed by December 1, at 11:59:00 PM EST. Potential Prize Winner will be notified by e-mail (at the e-mail provided in his/her Entry Information) on or about December 2, 2013. The potential Prize Winner will be required to return a completed, signed, notarized and unmodified official affidavit of eligibility, release of liability, and (except where prohibited) publicity release (collectively, “Affidavit/Release”), and any other documentation required by Sponsor in its sole discretion, within five (5) days after such notification. By returning the completed Affidavit/Release, Prize Winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If the potential Prize Winner cannot be reached after a reasonable effort has been exerted, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize documents are returned as undeliverable, such potential. Prize Winner will be disqualified and an alternate potential winner may be selected (in Sponsor’s sole discretion) from all remaining Sweepstakes Entries received.

Limit on Number of Entries Per Person:  One entry per person will be accepted via the email entry form on GoVisitHawaii.com and one entry on the GoVisitHawaii.com Facebook page for a total of two entries per person.

Consent to E-mail Solicitations from Sponsor:  By entering this giveaway, you expressly consent to receiving special promotional emails from Sponsor, Outrigger Hotel and Resorts. The content of the emails will include information such as special deals, promotions, sweepstakes, etc. The estimated frequency of emails is approximately four times per year. You will be free to unsubscribe from the emails at anytime after receipt of the first email from Outrigger.

General Conditions:  This Sweepstakes is subject to these Official Rules and all federal, state, and local laws and regulations (collectively “Rules and Laws”).  The Prize Winner’s Guests will be required to complete, sign, notarize and return a Liability Release, a Publicity Release and any other documentation that Sponsor and/or Sweepstakes administrator requires (“Guest Release”) within five (5) days after receipt by the potential Prize Winner. If a Guest is a resident of a jurisdiction that deems him/her to be a minor, his/her parent or legal guardian will be required to sign the Guest Release on his/her behalf. If a Guest is from a state that deems him/her to be a minor, he/she must be accompanied by his/her parent/legal guardian, and such person must pay his/her own expenses unless deemed to be the Prize Winner or one of the allotted Guests. By entering this Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor and/or the Sweepstakes administrator, whose decisions are binding and final in all respects. By accepting the prize, winner attests to the authenticity of his/her winning Sweepstakes Entry. Unless provided otherwise by Sponsor’s privacy policy, located at http://www.outrigger.com/privacy-policy and where permitted by law, participation and acceptance of the Prize constitutes permission for Sponsor and Sweepstakes Entities to use winner’s first name, last initial, address (city and state/province), photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media (including posting on the Website), in perpetuity, without further notice to or compensation in connection with said Sweepstakes, and Sponsor has the right to modify, edit, adapt, electronically alter, use, assign and/or dispose of such Sweepstakes Entries however it sees fit and without any notice or compensation to entrant or any third parties.  Any person attempting to defraud or tamper with the Sweepstakes will be subject to prosecution and is thereby ineligible.  If, for any reason, the Sweepstakes is not capable of running as originally planned, Sponsor reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and conduct the Sweepstakes drawing from among all salvageable eligible Sweepstakes Entries received as of the termination date, if any, in the sole discretion of Sponsor. In case of a dispute over the identity of the entrant who submitted the winning Sweepstakes Entry, the authorized account holder of the e-mail address associated with that Sweepstakes Entry will be deemed the entrant. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Said owner must comply with these Official Rules, be the person who physically completed the act of entering, and, in Sponsor’s sole discretion, may be required to provide proof of ownership of the e-mail account.

DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF HAWAII, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE CITY OF HONOLULU AND THE STATE OF HAWAII. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY DISPUTE PREVENTION AND RESOLUTION INC., IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE CITY AND COUNTY OF HONOLULU.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.