OUTRIGGER HOTELS & RESORTS
WIN 3 NIGHTS IN HAWAII
NO PURCHASE NECESSARY AND WILL NOT IMPROVE CHANCE OF WINNING. To enter, you must be: (1) 18 years of age or older; (2) a legal U.S. resident; (3) not an employee, officer, director or agent of Outrigger Hotels & Resorts (the “Sponsor”), or any of their respective affiliates, subsidiaries or advertising/promotion agencies (collectively “Sponsor and Its Affiliates and Related Individuals”); and(4) not an immediate family member or living in the same household of any individual identified in (3) above. All federal, state and local laws and regulations apply.
HOW TO ENTER
No cost to enter. To enter, you must visit the XTERRA website at WWW.XTERRAPLANET.COM/OUTRIGGER/ (the “website”) between June 11, 2013 and June 30, 2013 and electronically transmit a completed entry form to Sponsor by 7:29 a.m. on June 30, 2013 Hawaii Time pursuant to the instructions set forth on the website. Incomplete entries are void. To constitute a complete entry, you must provide your name and e-mail address on the website. Limit one (1) entry per person per prize (excess entries will be void). In case of dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Entries made in any fashion other than submitting the entry via the website are void. All late, lost, misdirected, incomplete, undelivered, scrambled or destroyed entries are ineligible entries, regardless of the reason or party responsible. False or deceptive entries or acts will render the entrant ineligible. Entries become the official property of the Sponsor and will not be acknowledged or returned. Sponsor and Its Affiliates and Related Individuals will not accept correspondence or telephone inquiries regarding the status of entries or the administration of the Sweepstakes.
By entering this Sweepstakes, each participant agrees to be bound by these Official Rules and by all decisions of Sponsor, whose decisions regarding all aspects of the Sweepstakes shall be final.
The Sponsor will give away Hotel Room Nights. Limit one prize per person or entry. Hotel Room Nights must be used by date specified on redemption certificate or prize will be forfeited in its entirety and no compensation given. Each Hotel Room Night prize includes three nights accommodation (room type based on availability at the time of reservation) and applicable taxes at an Outrigger Hotels & Resort property in Hawaii. All gift certificates are subject to any and all restrictions stated on thereon. Actual retail value may vary based on room type and timing of stay. Any difference between that verifiable retail value and the actual costs of the prize will not be awarded.
Winner is solely responsible for any and all Federal, state and local taxes and fees assessed as a result of the prize and for all travel costs and charges not included in the Hotel Room Night prize or exceeding applicable limitations, including, but not limited to, meals, incidentals, tips, telephone calls, surcharges, and any other travel-related costs. Prizes may not be transferred, substituted or redeemed for cash, except at the discretion of the Sponsor. Sponsor reserves the right to substitute a prize or any one or more components of a prize with a prize or component of equal or greater value.
DRAWING AND ODDS
On or about June 30, 2013, the Sponsor’s representatives will conduct a drawing through which one winner per Hotel Room Night prize will be randomly selected from among all eligible entries received in accordance with these rules. Odds of winning depend on the number of qualified entries submitted.
The winners will be notified by mail, email and/or telephone. To claim the prize, the winner must: (1) respond as directed within seven (7) of the first notification attempt; and (2) return to Sponsor, by the date and in the manner Sponsor directs in writing, (a) an Affidavit of Eligibility, Release of Liability and Publicity Release signed by the winner. If the winner cannot be reached or fails to timely respond or comply with any of these requirements or if Sponsor determines the winner ineligible or disqualified, then, in Sponsor’s sole discretion, the winner may be disqualified and the prize forfeited. In such event, an alternate winner will be selected by random drawing from remaining eligible entries.
By accepting a prize, the winner grants permission for Sponsor’s use of the name, hometown, likeness, photograph, voice and statements of winner and winner’s travel companion(s) for advertising/publicity purposes without further compensation or permission, unless prohibited by law. By accepting the prize, winner agrees to conduct interviews to be published for advertising/publicity purposes without further compensation or permission, unless prohibited by law.
CONDITIONS OF PARTICIPATION
BY PARTICIPATING IN THIS SWEEPSTAKES, EACH PARTICIPANT RELEASES AND HOLDS HARMLESS SPONSOR AND ITS AFFILIATES AND RELATED INDIVIDUALS FROM ANY AND ALL LIABILITIES, DAMAGES, LOSSES, EXPENSES, INJURIES, CLAIMS AND ACTIONS OF ANY KIND ARISING OUT OF OR RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES OR FROM ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, CLAIMS BASED ON DEATH, PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.
By participating in this Sweepstakes, each participant further agrees that any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of Hawaii. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, 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 or provisions (whether the State of Hawaii or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Hawaii.
Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes or any website related to this Sweepstakes, acting in violation of these Official Rules or acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods, and disqualify any entrant using any such method. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE RELATED TO THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor is not responsible for any incorrect or inaccurate information, whether caused by users of any website related to this Sweepstakes, by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of submissions in this Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of, any website related to this Sweepstakes or any technical failure or malfunction. Sponsor is not responsible for any injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of any website related to this Sweepstakes. If, for any reason, this Sweepstakes is not capable of running as planned, including, without limitation, by reason of, infection by computer virus, bugs, worms, tampering, hacking, unauthorized intervention, fraud, technical failures, or any other causes which, in Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes, and select winners from entries received prior to action taken, as Sponsor, in its sole judgment, deems fair and in accordance with these Official Rules without notice to entrants. In the event that this Sweepstakes is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify this Sweepstakes, or to disqualify participants residing in any affected geographic areas. In such event, Sponsor shall not have any liability to any participants who are disqualified as a result of such an action.
IN NO EVENT WILL SPONSOR AND ITS AFFILIATES AND RELATED INDIVIDUALS (EITHER JOINTLY OR INDIVIDUALLY) BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES, ANY PRIZES WON, YOUR ACCESS TO AND USE OF THE COMPANIES’ RESPECTIVE WEBSITES OR THE DOWNLOADING OR COPYING FROM AND/OR PRINTING OF ANY MATERIAL OBTAINED FROM SUCH WEBSITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE COMPANIES’ RESPECTIVE WEBSITES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
For the names of the prize winners, mail a self-addressed stamped envelope within ninety (90) days after the end of the Sweepstakes entry period to: TEAM Unlimited, Attn: Outrigger Hotels & Resorts Sweepstakes, 720 Iwilei Road, Suite 290, Honolulu, HI, 96817.
Information participants provide to the Sponsor will be used to communicate with participants regarding this Sweepstakes and to communicate Outrigger Hotels & Resorts specials and promotions, unless participants opt out. Each winner’s name, city and state of residence may be posted on the website.
This Sweepstakes is sponsored by Outrigger Hotels & Resorts, 2375 Kuhio Avenue, Honolulu, HI 96815.