NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
VOID WHERE PROHIBITED BY LAW.
Eligibility: The Oahu Helicopter Tour Sweepstakes (“Sweepstakes”) is only open to permanent legal residents of the fifty (50) United States (“U.S.”) and the District of Columbia (“D.C.”) (excluding Guam, Puerto Rico and all other U.S. and foreign territories and possessions) who are currently physically located and residing therein and who are twenty one (21) years of age or older as of September 30, 2019. Entrants must also have either a valid social security number and/or a valid U.S. personal tax identification number. Employees of Direct Market (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, 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.
Sweepstakes Period: For all purposes of this Sweepstakes, the Website (as defined below) computer is the official clock and all times refer to Eastern Time (“ET”). The Sweepstakes begins at 12:00:01 a.m. ET on September 30, 2019 and ends at 11:59:59 p.m. ET on January 30, 2020 (“Sweepstakes Period”). The Sweepstakes consists of one (1) grand prize.
How to Enter:
Enter online at the Sponsors website https://honolulu.com/
during the time period as specified on the Sweepstakes entry page or via AMOE as stated below. Each entry must enter in the manner as described on the Sweepstakes entry page and provide a valid e-mail address (“Entrant”). One Entry permitted per valid e-mail address. Any invalid or incorrect information will constitute cause for disqualification and Entrant will be ineligible to claim a prize. All entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries are void. Entries which are completed or entered by other than human means or otherwise not in compliance with these Official Rules will be disqualified and the Entrant shall be ineligible for future participation.
Odds of winning the Grand Prize depend upon the total number of eligible Entries received during the Sweepstakes Period.
Grand Prize Drawing: The grand prize winner will be randomly selected in a drawing held by the Sweepstakes administrator on or about February 3, 2020 from among all eligible Entries received for the entire Sweepstakes Period (“Drawing Date”).
Notification: The potential grand prize winner will be notified via telephone and/or email by the Sweepstakes administrator at the phone number and/or email address provided on his/her Entry within approximately one (1) week of the Drawing Date. The potential grand prize winner will be required to sign, execute, have notarized and return an original unmodified Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any other documentation that Sponsor and/or the Sweepstakes administrator requires (collectively “Affidavit/Release”) within five (5) days after receipt by the potential grand prize winner or such potential grand prize winner may be disqualified and an alternate potential grand prize winner for such prize may be selected. By returning the completed the Affidavit/Release, the grand prize winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If a potential prize winner cannot be reached within a reasonable time (in case of the grand prize winner), if a winner is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or his/her prize or prize notification is returned as undeliverable, such potential winner will be disqualified, the prize forfeited by him/her, and an alternate potential winner may be selected (in Sponsor’s sole discretion) from all eligible Entries received.
Prizes/Odds of Winning: One (1) Grand Prize: The Grand Prize consists of helicopter ride for two (2) over Oahu. Approximate Retail Value (ARV) of the Grand Prize is $700.00.
No cash equivalent for prizes (or prize element) will be available. Prizes are not transferable. However, Sponsor may, in its sole discretion, choose to substitute a prize (or prize element) with one of equal or greater value due to prize (or prize element) unavailability or for any other reason. Any and all expenses associated with the receipt or use of a prize not specifically mentioned as being included, are excluded and are each winner’s sole responsibility. Prizes and prize notifications will be sent to U.S. addresses only within the fifty (50) states of the U.S. or D.C. Any depiction of prizes in Sweepstakes materials or otherwise, are for illustrative purposes only. Taxes: All federal, state, local or other taxes arising from participation in the Sweepstakes or award of any prize including, without limitation, income taxes are the sole responsibility of the Grand Prize Winner.
If Grand Prize Winner fails to appear in a timely manner for an activity, then activity portion of Grand Prize may be forfeited and no additional compensation will be awarded. Guest (and if any is a Minor, their parent or legal guardian) will be required to execute and return a release of liability and, except where prohibited, publicity release (collectively, the “Guest Release”), which must be returned with the Affidavit Release, or Guest portion of Grand Prize will be forfeited.
The grand prize winner will be issued an IRS Form 1099 from the Sponsor(s) or Sponsor’s designee for the total ARV of the prize won (as stated herein) in the calendar year won. The Sweepstakes administrator is not the supplier or guarantor of any prize.
Waiver: With regard to all releases of liability, claims and damages set forth in these Official Rules, each entrant and each winner understands, waives and relinquishes any and all rights or benefits that he or she may have under the provisions of applicable state law (including but not limited to California Civil Code Section 1542) which provides that:
A General Release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.
Disclaimers and Limitation of Liability: Sweepstakes Entities are not responsible or liable for entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), Entries in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, lost, misplaced, stolen, destroyed, or otherwise not in compliance with these Official Rules and such Entries will be disqualified. BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE AND ACKNOWLEDGE THAT THE SWEEPSTAKES ENTITIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH) IN CONNECTION WITH: PARTICIPATION IN THIS SWEEPSTAKES; HUMAN ERROR; INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION; ACCEPTANCE/POSSESSION, USE/MISUSE, AND/OR DEFECTS OF THE PRIZES AWARDED HEREIN; ANY TECHNICAL MALFUNCTIONS OF THE TELEPHONE NETWORK, COMPUTER ONLINE SYSTEM, COMPUTER DATING MECHANISM, COMPUTER EQUIPMENT, SOFTWARE, OR INTERNET SERVICE PROVIDER UTILIZED BY SWEEPSTAKES; INTERRUPTION OR INABILITY TO ACCESS THE SWEEPSTAKES, THE WEBSITE, OR ANY ONLINE SERVICE VIA THE INTERNET DUE TO HARDWARE OR SOFTWARE COMPATIBILITY PROBLEMS; ANY DAMAGE TO ENTRANT’S (OR ANY THIRD PERSON’S) COMPUTER AND/OR ITS CONTENTS RELATED TO OR RESULTING FROM ANY PART OF THIS SWEEPSTAKES; ANY LOST/DELAYED DATA TRANSMISSIONS, OMISSIONS, INTERRUPTIONS, DEFECTS AND/OR QR CODES THAT CONTAIN PRINTING, SEEDING ERRORS, TYPOGRAPHICAL OR OTHER ERRORS OR ANY OTHER ERRORS OR MALFUNCTIONS EVEN IF CAUSED BY THE NEGLIGENCE OF ONE OF THE SWEEPSTAKES ENTITIES. BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE AND ACKNOWLEDGE THAT FACEBOOK SHALL HAVE NO LIABILITY OR RESPONSIBILITY WITH REGARDS TO OR ANY WAY OR FASHION ASSOCIATED WITH THE SWEEPSTAKES.
Indemnity and Release: Entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, and to the maximum extent permitted by law, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. No more than the stated number of instant win prizes will be awarded. In the event that production, technical, mechanical, typographical, programming, or any other reasons cause more than stated number of instant win prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right, in its sole and absolute discretion, to award only the stated number of instant win prizes (previously not awarded) by means of a random drawing among all legitimate and eligible claims. To the maximum extent permitted by law, Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or its parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
GOVERNING LAW; DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, OTHER THAN THE CHOICE OF LAW/CONFLICT OF LAW PROVISIONS OF FLORIDA (OR ANY OTHER JURISDICTION) WHICH WOULD RESULT IN THE APPLICATION OF THE LAW OF A JURISDICTION OTHER THAN FLORIDA. IF ANY DISPUTE, CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES” at http://www.jamsadr.com/rules-download-rules/). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF MIAMI DADE. WITHOUT LIMITATION OF ANY DISCLAIMER OF LIABILITY SET FORTH HEREIN, THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, SPECIAL CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR TO SEEK INJUNCTIVE OR ANY OTHER LEGAL OR EQUITABLE RELIEF. SPONSOR AGREES TO DEFRAY AN INDIVIDUAL’S REASONABLE COSTS OF PARTICIPATING IN ARBITRATION IF NECESSARY FOR MAINTENANCE OF ARBITRATION AS THE DISPUTE RESOLUTION MECHANISM, SUBJECT TO FINAL APPORTIONMENT BY THE ARBITRATOR. If any provision herein shall be declared void, invalid or unenforceable by legal authority, that provision shall be severed and the remaining provisions shall be unaffected and enforceable to the maximum extent permitted by law in accordance with the original intent expressed by severed provision. These Official Rules may not be amended or supplemented except in writing signed by a duly authorized officer of Sponsor. These Official Rules shall be binding upon and inure to the benefit of all assignees and successors in interest.
Name of Winner: To receive an additional copy of these Official Rules or a list containing the name of the Grand Prize Winner, send a self- addressed stamped envelope to: Oahu Helicopter Sweepstakes and specify either “Rules” or “Grand Prize Winner” with your request and send to the following address: 2205 W 136th Ave STE 106 PMB 396 Broomfield CO 80023 All requests must be received by January 15, 2020. The Official Rules will be available on the Website during the entire Sweepstakes Period.
Alternate Method of Entry (“AMOE”): To participate in the Sweepstakes without utilizing the methods of Entry above, follow the instructions below to request an AMOE.
Mail-In AMOE Request (available from September 30, 2019 at 12:00 a.m. ET through January 15, 2020 at 11:59 p.m. ET): To request an AMOE Entry by mail, mail a 3”x5” piece of paper with your name, home mailing address, email address, day/evening/cellular phone numbers, and date of birth in an envelope with proper postage to Oahu Helicopter Sweepstakes 2205 W 136th Ave STE 106 PMB 396 Broomfield CO 80023. All requests must be postmarked by January 10, 2020 and received by January 15, 2020. Limit: 1 request per envelope. All requests must be hand printed and become the exclusive property of the Sponsor. None will be acknowledged or returned. Proof of sending request will not be deemed to be proof of receipt by the Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected, or postage-due requests, which will not be honored.
Sponsor: Direct Market