NOTICE REGARDING DISPUTE RESOLUTION. THESE OFFICIAL RULES CONTAIN TERMS THAT GOVERN HOW CLAIMS BETWEEN YOU AND US RELATING TO YOUR PARTICIPATION IN ANY GAME WILL BE RESOLVED FOR EXAMPLE, SECTION 9 CONTAINS A WAIVER OF CLASS ACTION WHICH STATES THAT ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. A PURCHASE OR DONATION DOES NOT IMPROVE YOUR CHANCES OF WINNING.
These Official Rules provide the general rules applicable to the ALL4HAWAII Challenge (the “Challenge”).
The Challenge is open only to residents of the 50 United States, the District of Columbia, Canada, Australia, New Zealand and Japan who are eighteen (18) years of age or older (nineteen  or older if a resident of Alabama or Nebraska) as of the beginning of the Challenge Period. Void outside of the 50 United States, the District of Columbia, Canada, Australia, New Zealand, Japan and where otherwise prohibited or restricted by law. All applicable country, federal, state, local laws and regulations apply. Hawaiian Host Group, Hawaiian Host and Mauna Loa employees and their relatives are not eligible.
Challenge Period: Challenge Period begins at 12 midnight, HST, May 4 and ends at 12 midnight, HST, June 30 (the “Challenge Period”).
How to enter: During the Challenge Period, Participants may enter as follows:
a. ALL4HAWAII Website Entry: Participants will be entered to win a Prize when Participants make a donation. Number of entries stated on the Challenge website ALL4HAWAII.org.
b. Free Entry: Participants can enter for free without making a donation by making an online request on the Challenge Website.
No automated entry devices, bots and/or other programs and/or software are permitted for entry. Delivery of certain prizes may require a street address (no P.O. Boxes) located within the 50 United States or the District of Columbia. Technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Mauna Loa Macadamia Nut Corp. (“Sponsor”). Entries that are not in compliance with these Official Rules as stated herein will be ineligible. Sponsor, in its sole discretion, shall have the right to disqualify any entry that it deems not in compliance with these Official Rules.
By submitting an entry:
Participants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Challenge.
Participant agrees to release, defend, indemnify, and hold harmless Sponsor, Hawaiian Host, Inc., Central Pacific Bank Foundation, Foodland Supermarket Limited, Aio Digital, LLC dba Upspring, Aio Digital, LLC dba Library Creative, Instagram, Facebook, Twitter, and their respective parent companies, subsidiaries, affiliates, directors, employees, officers and agents (collectively, the “Released Parties”), from and against any and all liability for any claim, injury, loss, or damage of any kind (including, without limitation, those related to rights of publicity or privacy, defamation or portrayal in a false light, arising from or in connection with Participant’s participation in the Challenge, or the awarding, receipt, possession, use or misuse of any prize (if applicable) and/or with respect to participation in any prize-related activity (if applicable).
Participant grants to Sponsor and its designees all rights, title and interest in and to each entry, including but not limited to, any intellectual property rights that may inhere in the entry.
Selection of Winner and Prize Details:
Sponsor will choose Winner for each prize at random on July 12, 2020.
Winner is subject to verification of eligibility by Sponsor, whose decision is final and binding in all matters relating to the Challenge.
Winner will be notified by telephone call or e-mail. If Sponsor is unable to reach and communicate directly with Potential Winner after two (2) attempts over a 48-hour period, then that Potential Winner may be disqualified, and an alternate Potential Winner may be randomly selected from among the remaining eligible entries and notified as per the procedures outlined in the Official Rules (time permitting).
Confirmation of the identity of the Potential Winners will be undertaken by Sponsor, by whatever means Sponsor shall deem appropriate.
If the Potential Winner rejects the Prize, or is otherwise ineligible to receive the Prize, or fails to comply with these Official Rules, another Potential Winner will be chosen in a subsequent random drawing, assuming time permits given the dates and times of the applicable Prize. If for any reason a Winner chooses to reject any portion of any prize, Sponsor shall have no obligation to award the rejected or unclaimed portion of any Prize to an alternate Winner.
Odds of winning a Prize depend on the number of eligible Entries received for the corresponding Prize.
Timing for fulfillment of Prizes (including travel if applicable) shall be as solely determined by Sponsor
The approximate retail value of any Prize will be specified on the Challenge website ALL4HAWAII.org.
No substitutions or cash redemptions, except in the case of unavailability of the Prize, where Sponsor reserves the right, in Sponsor's sole discretion, to substitute a prize of equal or greater value. For example, Prizes are to be donated and, as such, are subject to availability; if a donor does not actually deliver a Prize to us, if such entity revokes or withdraws a Prize, or if the Prize is not otherwise made available to us, then Sponsor will not be able to award the Prize.
Prizes are non-transferrable and non-sellable, except at Sponsor’s sole discretion.
Certain types of Prizes may have other restrictions or limitations, including without limitation as follows, unless otherwise specified:
Prizes that include a travel component: Winners are responsible for travel costs.
Prizes that include attending an event: Tickets and seating are subject to availability. In the case the event is delayed or rescheduled for any reason, tickets for the delayed or rescheduled event may be provided in the sole discretion of Sponsor. In the case the event is cancelled for any reason, the remainder of the Prize, if any, will be awarded without the scheduled event. In the case of cancellation, Sponsor otherwise may substitute a prize of equal or greater value in its sole discretion.
Prizes that include meeting or greeting any person: Meet and greet portion of prize is subject to availability. In the case of unavailability, the remainder of the Prize, if any, will be awarded without the meet and greet portion.
Prizes that include participating in a physical event: Sponsor and/or event coordinators reserve the right to decline participation in the event to any Winner or Winner’s Guest(s), if applicable, if it is deemed that individual is unfit, in an unsafe condition, acting in an unsafe matter, fails to meet the requirements of that particular component of the event (which may include, without limitation, height/weight restrictions or restrictions based on the health of the participant) or for any other reason as determined by Sponsor and/or event coordinators in discretion. Sponsor and/or event coordinators may require Winner and Winner’s Guest(s), if applicable, to be examined by a doctor or other appropriate medical professional prior to participation in the event.
Prizes that involve acting/appearing in a film, tv, or other production: This portion of any Prize is subject to the production occurring as scheduled, to approval of others associated with the production, and to the Potential Winner entering into third-party agreements (such as with an acting union, production company, or publishing platform, including agreements regarding confidentiality and background). Participation in such an acting opportunity does not guarantee any type or length of appearance or that such appearance will be included in the final production or that the production will be released at all.
Sponsor is not responsible for lost or stolen packages or e-mails containing the prize. Sponsor will not replace lost or stolen prizes.
If a prize or prize notification is returned as undeliverable, the applicable prize will be forfeited and awarded to an alternate winner in a random drawing from among all remaining entries. Sponsor is not responsible for prizes or prize notifications returned as undeliverable.
Winner is solely responsible for paying all applicable federal, state, and local taxes, if any, and all other unspecified expenses associated with the acceptance and/or use of prize.
Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor, except any standard written warranty included in the prize packaging.
- General Conditions:
Participation in the Challenge and/or acceptance of the Prize constitutes Winner's permission for Sponsor and its designees to use Winner’s name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winner (including as paraphrased) regarding the Challenge or for advertising and promotional purposes without notice or additional compensation, in any media now known or hereafter developed (including posting Winner's name on the Internet), except where prohibited by law.
Participants who do not comply with these Official Rules, or attempt to interfere with the Challenge in any way shall be disqualified.
Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Challenge should (in its sole discretion) any pandemic, epidemic, virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Challenge.
Limitations of Liability: The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Challenge; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Challenge; (d) technical or human error which may occur in the administration of the Challenge or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participation in the Challenge or receipt or use or misuse of any prize. If for any reason a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Participant’s sole remedy is another entry in the Challenge, provided that if it is not possible to award another entry due to discontinuance of the Challenge, or any part of it, for any reason, Sponsor, at its discretion, may select the Winner from among all remaining eligible entries. Without limiting the foregoing, Sponsor is not responsible for cheating or fraud by any Participants. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds or suspects, in its sole discretion, to be tampering with the Entry process or the operation of the Challenge. Sponsor may void a Participant's Entry without refund and prohibit the Participant from participating in the Challenge (and future promotions) or winning the Prize if, in its sole discretion, it determines or suspects that said Participant is attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or other unfair playing practices (including but not limited to the use of automated entry programs), or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. Any Participant found to be violating these Official Rules may be prohibited from participating in current and future Challenge, in Sponsor's sole and absolute discretion.
Disputes: Participants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Challenge or any prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the City & County of Honolulu, State of Hawaii; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Challenge; and (c) to the extent allowed by applicable law, participants shall not be permitted to obtain awards for, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participants’ rights and obligations, or the rights and obligations of Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of Hawaii, without giving effect to any choice of law or conflict of law rules, that would cause the application of the laws of any jurisdiction other than Hawaii.
Discrepancies: In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Challenge-related materials or such disclosures or other statements made by Sponsor or its representatives, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Sponsor may modify and amend these Official Rules during the Challenge Period for clarification purposes only, provided the material terms and conditions of these Official Rules are not affected by such modifications/amendments.
Winner’s Name or Copy of Official Rules: To obtain the name of the winning Participant for any Prize or for a copy of these Official Rules, send a self-addressed, postage stamped envelope no later than twenty (20) days after the Challenge Period to: Mauna Loa Macadamia Nut Corp., 500 Alakawa Street, Suite 111, Honolulu, HI 96817. Please specify whether you are requesting official rules or a list of the winning Participant(s) and the corresponding Prize. Winning Participants may also be posted on the Challenge website at Sponsor’s discretion.
Sponsor: Mauna Loa Macadamia Nut Corp., 500 Alakawa Street, Suite 111, Honolulu, HI 96817. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, TWITTER, or INSTAGRAM.