TURTLE BAY RESORT S FATHER S DAY PHOTO CONTEST #TURTLEBAYTREAT

Transcription

1 TURTLE BAY RESORT S FATHER S DAY PHOTO CONTEST #TURTLEBAYTREAT Official Rules NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS IS REQUIRED TO ENTER. 1. ELIGIBILITY: Turtle Bay Resorts s #TurtleBayTreat Father s Day Photo Contest ( Photo Contest ) is offered and open to legal residents in all of the fifty (50) U.S. states and the District of Columbia who (1) are eighteen (18) years of age or older. The Photo Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law. The Photo Contest is subject to all applicable federal, state and local laws. Corporate employees, officers and directors of Turtle Bay Resort, LLC. ( Sponsor ) andtheir respective subsidiaries and affiliated companies, contractors, agents, individuals engaged in the development, production, or distribution of materials for or the implementation of the Photo Contest (collectively referred to herein as the Photo Contest Entities ), and the immediate family members (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Void where prohibited. 2. PHOTO CONTEST ENTRY PERIOD: Photo Contest starts on or about 12:00 am Hawaii Standard Time ( HST ) on Friday, May 01, 2015 and ends at 11:59 pm HST on Sunday, May 31, 2015 ( Photo Contest Period ). Entries will be subject to Sponsor s review and determination of winners in accordance with the judging criteria stated herein. All time referenced herein is Hawaiian Time. Sponsor (or its authorized representative s) server s clock is the official time keeping device for the Photo Contest. PARTICIPANTS ARE SOLELY RESPONSIBLE FOR DETERMINING THE CORRESPONDING TIME ZONE IN THEIR RESPECTIVE JURISDICTIONS; SPONSOR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY RELATING THERETO. 3. AGREEMENT BY ENTRANT: All Entries and participation in this Photo Contest shall be governed by these Official Rules. By participating in the Photo Contest, each Entrant fully and unconditionally agrees to and accepts these Official Rules, the current Facebook, Twitter, and Instagram ( social media channels ) terms of use, and any additional terms and conditions specific to the Photo Contest communicated by Sponsor (including its authorized representatives). By entering, Entrants further agree to be bound to the decisions of the Sponsor, which are final and binding in all matters pertaining to the Photo Contest. This Photo Contest is in no way sponsored, endorsed or administered by, or associated with the social media channels. 4. HOW TO ENTER: During the Photo Contest Period, enter the Photo Contest by visiting the Father s Day #TurtleBayTreat Photo Contest Page at: (i) To enter the Photo Contest via Direct Upload: click the Submit an Entry button, follow instructions to upload your original photo, fill out the required information, agree to these Official Rules, and click the Submit button. (ii) To enter the Photo Contest via Instagram: log on to your Instagram account, make sure your account is not set to private, upload an original photo, and

2 include the hashtag #TurtleBayTreat and why you want to treat your dad to Turtle Bay in your photo caption. In a few minutes, you will then automatically receive a comment on your photo asking you to complete your entry on the Photo Contest Page by clicking the Claim & complete your entry here link, following the authorization instructions, filling out the required information, and clicking the Continue button. Entries must be claimed before selected winners can accept their prize. (iii) To enter the Photo Contest via Twitter: log on to your Twitter account, make sure your account is not set to private, upload your original photo and include the hashtag #Turtlebaytreat & a photo in your tweet. In a few minutes, you will then automatically receive a follow-up tweet asking you to complete your entry on the Photo Contest Page by clicking on the Click here to claim it! link, following the authorization instructions, filling out the required information, and clicking the Continue button. Entries must be claimed before selected winners can accept their prize. Photos submitted via Instagram and Twitter without a hashtag or with an incorrect hashtag will not be eligible for the Photo Contest. Entrants who are selected as potential winners must claim their photos via the Claim Your Entry form on the Photo Contest Page before they can accept their prize. Photo must be original and must be of the entrants father or special father in their life (as determined by Sponsor in its sole and absolute discretion). Photo may be of the Entrant, people the Entrant knows, the resort, the hotel, the North Shore of Oahu, or anything pertaining to Turtle Bay Resort. Dangerous or inappropriate photos (as determined by Sponsor in its sole and absolute discretion) may not be eligible and may be disqualified. Submission of a photo via any of these entry methods, including completion of the Direct Upload form on the Photo Contest Page constitutes one (1) entry ( Entry or Submission ). There is no limit to the number of photos an Entrant may submit. The order of these steps may vary. Failure to follow all steps will void Entry. A short delay may occur between submission of Entry and posting of images in the View Entries page. If you don t have social media channel access, you can become a member without charge by simply following the member instructions and accepting the terms and conditions of use. Entries accepted via the above referenced social media channels and Direct Upload methods only; entries submitted via any other channel(s) will not be eligible for the Photo Contest. Once submitted, Entry cannot be modified, deleted or cancelled. By entering, Entrants understand and agree that submitted eligible Entries will be posted online and will be subject to public viewing, streaming (i.e. digital transmission ), downloading (i.e. digital distribution ), and comments. By submitting an Entry, Entrants agree to be contacted by Sponsor with notices and reminders pertaining to the Photo Contest and Turtle Bay Resort. By submitting an Entry and opting in to Turtle Bay Resort s, Entrants agree to receive future marketing communications from Sponsor. However, you may opt out of these communications at any time thereafter without affect to your Entry. Incomplete, invalid, or otherwise non-compliant Entries will not be eligible. If entering via mobile: Normal Internet access and device usage charges imposed by your mobile plan and/or on-line service will apply. Sponsor cannot guarantee this Photo Contest will be

3 available via all wireless carriers; Photo Contest will be available on participating wireless carriers only. Wireless carrier s instructions may vary. Standard data plan rates may apply. Other charges may also apply; check your mobile plan for rates/details relating to participation in the Photo Contest via mobile URL. Entries become the property of Sponsor and will not be returned. Entrants may not (whether apparent or suspected) enter through a club (or similar method), with multiple identities, s, devices, social media accounts, and/or street addresses, or use any other device or artifice to enter or receive votes. Any (apparent or suspected) use of cheating, fraud, on-line contest clubs (or similar methods), vote exchange sites, robotic, automatic, macro, programmed or like Entry/voting methods as determined in Sponsor s sole and absolute discretion, will void all such Entries and/or votes (as applicable) by such methods, and disqualify any Entrant (suspected of) using/benefitting from such methods. In case of dispute, Entries will be declared made by the authorized account holder of the address submitted at the time of Entry. Authorized account holder is defined as the natural person who is assigned to an address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. Proof that you uploaded an Entry does not constitute proof or evidence that it was received within the Photo Contest Period or eligible for the Photo Contest. Photo Contest Entities assume no responsibility for lost, late, incomplete, inaccurate, delayed, destroyed, damaged, undeliverable, unreceived, or misdirected Entries (in whole or in part); nor for any computer, telephone, cable network, electronic or hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt, or jumbled transmissions; nor service provider, Internet, Web site, user accessibility or availability, incompatibility, traffic congestion, unauthorized human intervention or any human error; or the incorrect or inaccurate capture of Entry, photos or other information, nor for the failure to capture any such information, in whole or in part. 5. REQUIREMENTS FOR ENTRY: Sponsor reserves the absolute right to disqualify and/or immediately remove any Entry and/or votes in whole or in part for any reason within its sole and absolute discretion. Without limitation, Entries will be disqualified if Sponsor believes in its absolute discretion that the Entry or any element thereof, is not in the spirit of the Photo Contest, is ineligible or otherwise not compliant herewith, or will have a detrimental impact on Sponsor, this Photo Contest, any of Sponsor s brands, products or services. Sponsor reserves the right in its absolute discretion to refuse, disqualify, or withdraw any Entry and/or Entrants at any time during or after the Photo Contest, including but not limited to those that depict, are, or appear to be obscene, hurtful, offensive, dangerous, sexually inappropriate, overtly political or religious, discriminatory, highly sensitive, incorporate drug use or other harmful (in Sponsor s discretion) or illegal acts, violence, nudity or explicit activity, cruelty, hatred, or are otherwise repugnant or unsuitable for any other reason, as determined solely by Sponsor (in its sole and absolute discretion). If at any time an Entrant engage(s) in behavior that (as determined by Sponsor in its

4 sole and absolute discretion) is unsportsmanlike, aggressive, cheating, fraudulent, obnoxious, dangerous, threatening, illegal, disorderly, or that is intended to annoy, abuse, intimidate, threaten or harass any other person, or may cause property damage or loss, Sponsor reserves the right to immediately terminate their participation, disqualify all applicable Entries as applicable, or terminate any other applicable experience early, in whole or in part, and disqualify Entrant. If an Entry, for any reason whatsoever, garners comments that are unpleasant, distasteful, nasty or otherwise inappropriate for the applicable social network community, Sponsor reserves the right to disqualify Entry/entrant and remove any such Entry. By submitting an Entry, Entrants represent, warrant and covenant (and agree to release and indemnify Sponsor from same as set forth in these Official Rules) that their Entry submitted and all content therein: (i) is the original creation of the Entrant specifically created for this Photo Contest, has not been copied in whole or in part from any other work, and is the sole and exclusive property of the Entrant (or Entrant has all ownership or has licensed rights thereto); (ii) does not violate or infringe any laws, rules or regulations, or rights including but not limited to any copyright, trademark or other proprietary, publicity, privacy or any other rights of any person, entity, or venue; (iii) did not cause in any respect harm to the people in the picture; and (iv) any individuals mentioned, featured, appearing in, or whose animal is mentioned, or is featured or appears in the Entry, in whole or in part, in any manner have given Entrant their express written consent to same and have agreed to its submission to this Photo Contest and the use contemplated. If requested by Sponsor, Entrant shall provide evidence of the above in writing. Nothing herein shall be deemed an obligation of confidentiality. Entrants understand and agree to assume the risk that their Entry and any element thereof may, in whole or in part, be identical or similar to any other Entry, that one Entry may regardless receive varying judging score from the other Entry, and Entrants shall release and hold Photo Contest Entities harmless from same. Upon submitting an Entry, and whether or not your Entry is disqualified or selected as a finalist and/or winner, you grant to Sponsor an exclusive unlimited, royalty-free irrevocable perpetual license in and to the Entry, in whole and in part, and all the intellectual and other property rights therein including but not limited the right to make derivative works and to commercially exploit the Entry, through-out the world, and further agree to execute all documents and perform all acts deemed necessary by Sponsor to protect Sponsor license in the Entry and intellectual property rights associated therewith. You understand and agree by granting this license that your Entry may be modified, edited, distorted, used in whole or in part, alone or in combination with other works, used in illusory or composite form, or in any other manner, as solely determined by Sponsor in any media and medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, digital, and on-line) without further compensation or review. You will not now nor in the future be paid for your Entry or for granting Sponsor any of these rights. The consideration for the rights granted to Sponsor herein is your opportunity to participate in the Photo Contest.

5 6. JUDGING CRITERIA AND WINNER SELECTION: On or within five (5) working days following the end of the Photo Contest Period, the Sponsor will randomly select winners from all eligible entries: One (1) grand prize winner and two (2) first place winners. 7. PRIZES: All Prize awards are subject to final verification of eligibility and compliance with these Official Rules. All Prizes will be awarded assuming sufficient eligible entries are received for the Photo Contest. One (1) grand-prize winner will receive a two (2) night stay at Turtle Bay Resort in a standard room for the dad they entered, breakfast for two daily and a $200 resort credit. (Approximate Retail Value, ARV US$1,400) Two (2) first place winners will each receive an approved activity at Turtle Bay (ARV $300) for them and the dad they entered. Prizes must be accepted in their entirety. No transfer, assignment or substitution of Prize (in whole or in part), except that Sponsor may substitute a Prize of equal or greater value. Prize items may vary in Sponsor s sole and absolute discretion. Prizes are not redeemable for cash, credit, refund or otherwise. Any difference between the actual value and ARV of a Prize will not be awarded as cash or otherwise. All federal, state, and local taxes are the sole responsibility of the Prize winners. In no event will Photo Contest Entities be responsible to award more than the stated number of Prizes herein. Limit one (1) prize per person. Prizes, including any products received as a Prize may not be sold, resold, auctioned, bartered, or placed into any other unauthorized channels of distribution. Any Prize pictured in advertising or Photo Contest materials is for illustrative purposes only and may not be the actual Prize awarded. Potential grand prize and first place winners will be notified by the social network account used to enter the Photo Contest or by the address (in Sponsor s discretion) provided at the time of entry. If they have not already claimed their entries via the Claim Your Entry link on the Photo Contest Page, they will be asked to do so. Subject to verification, each potential winner will receive a congratulations letter and their Prize within four (4) to six (6) weeks of verification. In the event a potential winner cannot be reached or fails to respond as directed within five (5) days of notification by sponsor, prize will be forfeited. Sponsor may, but without obligation, attempt prize award to an alternate potential winner. Potential prize winners must respond with their full names, mailing addresses, and phone numbers. Potential prize winners may also be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release (the Release Documents ) within seven (7) business days of notification. In the event that technological, programming, or other errors cause more than the stated number of prizes in any category, as indicated in these Official Rules, to be sent as notifications, distributed, claimed or received for any prize, Sponsor reserves the right, at its sole discretion, to award only the stated number of prizes (in such prize category if applicable). Prize award is subject to verification of eligibility, and compliance with these Official Rules. 8. GENERAL: By entering, participants agree to abide by and be bound to these Official Rules and the decisions of Sponsor, which are final and binding in all respects. Failure to timely return or properly complete Release Documents, or if a potential winner/prize notification is ignored,

6 undeliverable, untimely or otherwise not properly responded to within the time specified, or if a potential winner is or becomes ineligible or does not comply with these Official Rules, it will result in prize forfeiture, and in such event an alternate potential winner will be selected from remaining eligible entries received for the respective Drawing. Undeliverable, returned, unclaimed or un-awarded prizes will not be re-awarded. BY PARTICIPATING, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, AND ITS AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PHOTO CONTEST AGENCIES, FACEBOOK, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITAGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PHOTO CONTEST-RELATED ACTIVITY, ACCESS TO THE PROMOTIONAL SITES AND PAGES, AND/OR PARTICIPATION IN THIS PHOTO CONTEST, OR ANY ELEMENT THEREOF. By entering and/or accepting a prize, participants hereby irrevocably consent, where lawful, to the use by Sponsor (and its authorized representatives) of their name, image, photographs, videotape, likeness, hometown name, biographical information, and voice for publicity, trade, advertising and promotional purposes in all media now known or hereafter developed worldwide, and on the Internet and World Wide Web, without additional compensation, and without the right of review, notification or approval. This Photo Contest is in no way sponsored, endorsed or administered by, or associated with the social media channels. Entrants understand that they are providing information to Sponsor and not to the social media channels. The information provided will be used for purposes of this Photo Contest and will be included within the Sponsor s database should you choose to opt-in to receive communications from Sponsor. 9. LIMITATIONS OF LIABILITY: Photo Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by Web site users, human error, tampering, hacking or by any of the equipment or programming associated with or utilized in the Photo Contest or any element thereof and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or inability to access or unauthorized access to a Photo Contest Page and/or site. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods,

7 and disqualify any entrant using such methods. If, for any reason, the Photo Contest or any element thereof in whole or in part is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Photo Contest or any element thereof, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Photo Contest and select the winner(s) at random from eligible, non-suspect entries received for that Photo Contest prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Photo Contest Entities shall not be liable to winner or any other person for failure to execute the Photo Contest or any element thereof, or supply a prize, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber attack, 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 similar or dissimilar event beyond their reasonable control. In no event will Photo Contest Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your access to, and use of, any participating internet site(s), Photo Contest Pages, or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on this site 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, and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties. THIS PHOTO CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF HAWAII WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Photo Contest, participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Photo Contest shall be resolved individually, without resort to any form of class action, exclusively before a neutral one person arbitration panel located in San Francisco, California. 10. WINNERS LIST: For the name(s) of winner(s) of prizes over $50, send a self-addressed, stamped envelope to: Turtle Bay Resort s #TurtleBayTreat Father s Day Photo Contest, Winner's List/Official Rules, c/o Turtle Bay Sales & Marketing., Kamehameha Hwy., Kahuku, HI Requests must be received on or by May 31, Limit one request per person, or per household address.

8 11. SPONSOR: Turtle Bay Resort LLC, Kamehameha Hwy., Kahuku, HI ( Sponsor ). Although the Photo Contest ( Photo Contest ) is administered through a Facebook interface, Facebook is not affiliated with this promotion and does not endorse or sponsor this promotion in anyway.