Ko’a Kea Hotel & Resort Golden Celebration Contest
Contest Period: April 10 - 30, 2019
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO
ENTER OR WIN. A PURCHASE DOES NOT
IMPROVE YOUR CHANCES OF WINNING.
Contest Period: Ko’a Kea Hotel & Resort Golden Celebration (“Contest”) will begin 12:00 AM PST on Wednesday April 10, 2019 and
will end at 11:59:59 PM PST on Tuesday April 30th, 2019 (“
Contest Period”).
BY
ENTERING THIS CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES (“
Official Rules”) AND THAT YOU HAVE READ
THESE OFFICIAL RULES AND AGREE TO OBEY THEM.
1.
Eligibility: The
Contest is open to all entrants regardless of experience, who are legal
residents of the 48 contiguous United States of America
and the District of Columbia
and are 18 years old or older at the time of entry and located within the United States at the time of entry, and who are not otherwise
ineligible as provided herein (“
you”
or “
Entrant”). Members, managers, employees, lessees,
attorneys, independent contractors, agents, officers and directors of Poipu
Beach Hotel, LLC, (“
Sponsor”), Poipu
Beach Operations, Inc. (“
Operations”),
and Pacific Hospitality Group Ventures, Inc. (“
Manager”, together with Sponsor and Operations, are collectively
referred to as “
Ko’a Kea Parties”),
and their parent companies, subsidiaries and/or affiliates and their immediate families
(including parents, children, siblings, spouses) or members of the same
household (whether related or not) of such persons are
not eligible to
enter the Contest. The Contest is void
outside the 48 contiguous United States of America
and the District of
Columbia
, and void where
prohibited by law, regulation, statute or other appropriate authority, and is
subject to all applicable federal, state and local laws.
Entrants are not required to submit to any sales
presentation or promotional program or to purchase any goods or services in
order to enter this Contest.
There is no purchase
necessary to participate. A purchase
does
not increase the odds of winning.
2.
Entry Requirements and Guidelines:
To enter the Contest, follow @koakearesort on Instagram
and tag a friend by April 30, 2019 11:40 PM PST within the Contest Period. Limit one (1) entry per person throughout the Contest
Period. Entries received in excess of
the above-stated limitation will be void. Entries are the property of Sponsor
and will not be acknowledged or returned. All entries must be received by the end of the
Contest Period in order to be eligible to win. You
acknowledge that Sponsor expressly conditions its acceptance of your entry on
your adherence to the Official Rules, and if it is discovered that you have
violated the Official Rules, Sponsor reserves the right to disqualify your
submission without notice or compensation.
Sponsor reserves the right to make determinations of suitability in its
sole and absolute discretion, and to disqualify any entries it determines to be
inappropriate for any of the reasons listed above, or for any other reason,
without notice or compensation to you.
Sponsor reserves the right to amend, replace or change these Official Rules
at any time in its sole discretion.
By entering the Contest, you agree to be fully and
unconditionally bound by the Official Rules, and you represent and warrant that
you meet the eligibility requirements set forth herein. Additionally, you agree to accept the
decisions of Sponsor as final and binding in all matters.
3.
Prizes and Prize Restrictions: The following prizes are available to be won: A Three Night Stay at Ko’a Kea
Hotel & Resort to be redeemed by December 31, 2019 in an Ocean View Room: approximate
retail value ($3,500).
The total approximate retail value
of all prizes is $3,500. The
odds of winning depend on number of eligible entries
received throughout the Contest Period. Prizes are awarded “as is” with no
warranty or guarantee, either express or implied by Sponsor. Prizes cannot be transferred, assigned,
substituted, or redeemed for cash, except at Sponsor’s sole discretion. All applicable federal, state or local taxes,
as well as any other costs and expenses, including airfare and travel,
associated with prize acceptance not specified as being provided by Sponsor are
the responsibility of the winner. If the
eligible winner is 18 years of age but still deemed a minor in his/her state of
residence, Sponsor reserves the right to award such prize in the name of
his/her parent or legal guardian, who will be responsible for fulfilling all
requirements imposed on winner set forth herein. No more than the stated number of prizes will
be awarded.
Limit one (1) prize
per eligible person/family/household.
No cash redemption, substitution or
transfer of any prize by winner(s) is permitted. In the case of unavailability of prize in
whole or in part, Sponsor reserves the right to substitute a prize of equal or
greater value, or cash award in the amount of the applicable value set out in
these Official Rules, in its discretion.
4.
Winner
Selection, Random Drawing, Winner Notification, and Awarding of Prizes:
The potential prize winner(s) (“Potential Winner”) will be selected by a random drawing from among all eligible entries received
throughout the Contest Period, on or about May 1st, 2019. Potential winner(s) will be notified by e-mail
on or about May 15, 2019.
By entering the Contest, you consent to
such notification. Sponsor shall have
no
liability for potential winner’s failure to receive notice of winning if such
failure is outside of Sponsor’s control. Potential Winners will then have 7 days to
respond to Sponsor’s direct message by sending a responsive direct message with
active email address. The responsive
e-mail should list
“Contest
Winner” in the subject line
and the body text of the e-mail should
unequivocally express that the Potential Winner is accepting the prize. The 7
days within which a responsive e-mail should be sent are counted from the date
on Sponsor’s e-mail, not the date that the Potential Winner reads the e-mail. If there is a dispute regarding Contest entries
received from multiple users having the same e-mail account, the authorized account
subscriber of the e-mail account at the time of entry will be deemed to be the
entrant and must comply with these Official Rules. The authorized account subscriber is the
natural person who is assigned the e-mail address by the Internet Service
Provider (ISP), on-line service provider, or other organization responsible for
assigning e-mail addresses. Winners may
be publicly announced through postings on Sponsor’s Instagram Stories; this is
not
an alternative means of notice to Potential Winners. Winners may be required to sign and return an Affidavit
of Eligibility and Liability/Publicity Release.
Any failure to comply with any of the foregoing may result in Potential
Winner’s prize being forfeited without compensation and awarded to an alternate
winner at the sole discretion of the Sponsor. No prize transfer,
assignment, or substitution by a winner is permitted. NON-COMPLIANCE OR RETURN OF PRIZE NOTIFICATION
AS UNDELIVERABLE, BY MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN
ALTERNATE POTENTIAL WINNER. WHEN THIS
OCCURS, THE DISQUALIFIED POTENTIAL WINNER WILL NOT BE COMPENSATED IN ANY WAY.
The
odds of winning depend on the number of entries received.
5.
LIMITATIONS OF LIABILITY,
DISCLAIMERS
: EACH OF THE KO’A KEA PARTIES EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KO’A KEA PARTIES SHALL NOT BE LIABLE OR
RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS,
PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE.
UNDER NO CIRCUMSTANCES SHALL THE KO’A KEA PARTIES (OR ANY OF THEM) BE HELD
RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED
AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING
IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS
UNDER THESE OFFICIAL RULES. KO’A KEA PARTIES OFFER NO ASSURANCES, GUARANTEES OR
WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR
ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE CONTEST. KO’A KEA PARTIES WILL NOT BE LIABLE, AND ARE NOT
RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR
INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR
ACCEPTING A PRIZE, YOU AGREE THAT KO’A KEA PARTIES SHALL NOT BE LIABLE FOR, AND
WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR
LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART,
DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE,
PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A KO’A KEAPARTY OF ANY
ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU
MAY HAVE AGAINST ANY KO’A KE APARTY.
6.
Release and Indemnity:
By participating in the Contest, all
Entrants, and all winners agree to release and hold harmless each of the KO’A
KEA Parties and their respective successors, transferees and assigns from any
and all liability, for loss, harm, damage, injury, cost or expense whatsoever
including without limitation, (i) the use of my personal information for
purposes of advertising or trade, (ii) the award, acceptance, use or misuse of
any prize, (iii) technical failures of any kind, including, without limitation,
malfunctioning of any computer, cable, network, hardware or software, the
unavailability or inaccessibility of any transmissions or telephone or internet
service, (iv) unauthorized human intervention in any part of the entry process
or the Contest, (v) electronic or human error which may occur in the
administration of the Contest or the processing of Entries, (vI) property
damage, personal injury and/or death which may occur in connection with or
participation in the Contest, or possession, acceptance and/or use or misuse of
prize and (viI) for any claims based on publicity rights, defamation or
invasion of privacy and merchandise delivery.
By
participating in this Contest and/or accepting prizes, each Entrant agree to
indemnify and hold Sponsor and its affiliates, directors, officers, employees
and assigns harmless against any and all claims and liability in connection
with the contest, or the use or redemption of prizes, including, without
limitation, bodily injury or death or the violation of the rights of any third
parties. Prize winners
agree to accept the prize “as is” and understand that the
Sponsor has made no warranty, representation, or guarantee about the prize(s).
7.
Conditions and Additional Terms: All federal, state and other taxes are the sole
responsibility of the winner. Ko’a
Kea Parties are not responsible if Contest cannot take place or if any prize
cannot be awarded due to travel cancellations, delays or interruptions due to
acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official
Rules, attempt to interfere with this Contest or act in an inappropriate or
disruptive manner in any way shall be disqualified. Ko’a Kea Parties are not responsible for
technical, hardware, software, telephone or other communications malfunctions,
errors or failures of any kind, lost or unavailable network connections, web
site, Internet, or ISP availability, unauthorized human intervention, traffic
congestion (regardless of cause) or failed, incomplete, garbled, jumbled or
delayed computer transmissions which may limit one’s ability to enter a
qualifying submission to the Contest, including any injury or damage to your or
any other person’s computer relating to or resulting from participating in this
Contest or downloading any materials in this Contest. Sponsor reserves the right, in its
sole discretion, to disqualify any individual who tampers with the entry
process. Sponsor reserve the right, in its sole discretion, to
cancel, terminate, modify, extend or suspend this Contest without compensation
or notice to any Entrant should (in Sponsor’s sole discretion) computer virus,
bugs, non-authorized human intervention, fraud, tampering, corruption,
technical failure or difficulties (which prevent proper Contest administration)
or other causes beyond Sponsor control corrupt or which affect the
administration, security, fairness or proper conduct of the Contest or
for
any reason this Contest is not capable of running as planned
. In the case of cancellation, any unclaimed
prizes will not be awarded, or will be among all eligible entries received
as of the date of termination, in Sponsor’s discretion.
Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the
operation of the Contest or web site. Sponsor
may prohibit or disqualify a participant from participating in the Contest or
winning a prize if, in its sole discretion, it determines that said Entrant is
attempting to undermine the legitimate operation of the Contest by cheating,
deception, or other unfair practices or intending to annoy, abuse, threaten or
harass any other entrants or Ko’a Kea Parties.
Entrants agree that personal data may be
processed, shared, and otherwise used for the purposes and within the context
of the Contest and any other purposes outlined by these Official Rules. The data may also be used by the Sponsor in
order to verify the participant’s identity, postal address, and telephone
number or to otherwise verify the participant’s eligibility to participate in
the Contest. No license to use the intellectual
property of Sponsor is hereby granted.
8.
Disputes: Except
where otherwise specifically prohibited, Sponsor reserve the right to make all
decisions arising out of or relating to the Contest in its sole discretion, and
the decisions by Sponsor are final and binding on all matters relating to the
Contest. Except where prohibited, you
agree that: (a) any and all disputes, claims and causes of action arising out
of, or connected with the Contest or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by the
appropriate court located in the State of California; (b) any and all claims,
judgments, and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering the Contest, but in no event
attorneys’ fees; and (c) notwithstanding the foregoing, you hereby waive any right
to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages and you
will not be permitted to obtain awards for indirect, punitive,
incidental and consequential damages or any other damages (other than for your
actual out-of-pocket expenses) and not be permitted to have any rights to have
damages multiplied or otherwise increased
.
All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, your rights and obligations, or the rights and obligations of the
Entrant or Sponsor in connection with the Contest, shall be governed by, and
construed in accordance with, the laws of the State of California, without
giving effect to any choice of law or conflict of law rules (whether of the
State of California or another jurisdiction) which would cause the application
of the laws of any jurisdiction other than State of California. By
participating in the Contest, you agree that Irvine, California will be the
exclusive forum for any formal dispute resolution.
9.
General Rules: All federal, state and local laws apply. All income taxes resulting from acceptance of
prize are the responsibility of the applicable winner. Sponsor modify this contest in a manner deemed
reasonable by the Sponsor, at Sponsor’s sole discretion. Sponsor and Sponsor affiliates are not
responsible for late, lost, misdirected, illegible, incomplete, stolen, corrupted,
garbled or misdirected entries or prize related notices or for any
typographical, or other error in the administration of the contest, all of
which are void. Electronic entries will be
deemed made by the authorized account subscriber of the e-mail address
submitted at time of entry. The
authorized account subscriber is deemed as the natural person who is assigned
to an e-mail address by an Internet access provider, online service provider or
other organization that is responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. By entering the Contest, each Entrant recognizes
and agrees that the registration information provided by entrant will be made
available to Sponsor; use of such information will be governed by Sponsor’s
privacy policy found
at
https://www.meritagecollection.com/privacy-policy . Entrants agree that personal data may be processed, shared,
and otherwise used for the purposes and within the context of the Contest and
any other purposes outlined by these Official Rules. The data may also be used by the Sponsor in
order to verify the participant’s identity, postal address, and telephone
number or to otherwise verify the participant’s eligibility to participate in
the Contest
.
10.
Winner’s List: For the names of the winners (available after
May 15, 2019,) send a self-addressed, stamped #10 envelope to: Paséa Hotel
& Spa, C/O Marketing Department, 21080 Pacific Coast Highway, Huntington
Beach, CA 92648; Attn: Names of Winners – Ko’a Kea NY Golden Celebration Requests
must be received by February 28, 2019
11.
Sponsor Address:
Poipu Beach Hotel, LLC; 2251 Poipu Road, Koloa, HI 96765.
Ko’a Kea Hotel & Resort Golden Celebration Contest
Contest Period: April 10 - 30, 2019
Official Rules
Ko’a
Kea Hotel & Resort NY Travel Show Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO
ENTER OR WIN. A PURCHASE DOES NOT
IMPROVE YOUR CHANCES OF WINNING.
Contest Period: Ko’a Kea Hotel & Resort Golden Celebration (“Contest”) will begin 12:00 AM PST on Wednesday April 10, 2019 and
will end at 11:59:59 PM PST on Tuesday April 30th, 2019 (“
Contest Period”).
BY
ENTERING THIS CONTEST, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES (“
Official Rules”) AND THAT YOU HAVE READ
THESE OFFICIAL RULES AND AGREE TO OBEY THEM.
1.
Eligibility: The
Contest is open to all entrants regardless of experience, who are legal
residents of the 48 contiguous United States of America
and the District of Columbia
and are 18 years old or older at the time of entry and located within the United States at the time of entry, and who are not otherwise
ineligible as provided herein (“
you”
or “
Entrant”). Members, managers, employees, lessees,
attorneys, independent contractors, agents, officers and directors of Poipu
Beach Hotel, LLC, (“
Sponsor”), Poipu
Beach Operations, Inc. (“
Operations”),
and Pacific Hospitality Group Ventures, Inc. (“
Manager”, together with Sponsor and Operations, are collectively
referred to as “
Ko’a Kea Parties”),
and their parent companies, subsidiaries and/or affiliates and their immediate families
(including parents, children, siblings, spouses) or members of the same
household (whether related or not) of such persons are
not eligible to
enter the Contest. The Contest is void
outside the 48 contiguous United States of America
and the District of
Columbia
, and void where
prohibited by law, regulation, statute or other appropriate authority, and is
subject to all applicable federal, state and local laws.
Entrants are not required to submit to any sales
presentation or promotional program or to purchase any goods or services in
order to enter this Contest.
There is no purchase
necessary to participate. A purchase
does
not increase the odds of winning.
2.
Entry Requirements and Guidelines:
To enter the Contest, follow @koakearesort on Instagram
and tag a friend by April 30, 2019 11:40 PM PST within the Contest Period. Limit one (1) entry per person throughout the Contest
Period. Entries received in excess of
the above-stated limitation will be void. Entries are the property of Sponsor
and will not be acknowledged or returned. All entries must be received by the end of the
Contest Period in order to be eligible to win. You
acknowledge that Sponsor expressly conditions its acceptance of your entry on
your adherence to the Official Rules, and if it is discovered that you have
violated the Official Rules, Sponsor reserves the right to disqualify your
submission without notice or compensation.
Sponsor reserves the right to make determinations of suitability in its
sole and absolute discretion, and to disqualify any entries it determines to be
inappropriate for any of the reasons listed above, or for any other reason,
without notice or compensation to you.
Sponsor reserves the right to amend, replace or change these Official Rules
at any time in its sole discretion.
By entering the Contest, you agree to be fully and
unconditionally bound by the Official Rules, and you represent and warrant that
you meet the eligibility requirements set forth herein. Additionally, you agree to accept the
decisions of Sponsor as final and binding in all matters.
3.
Prizes and Prize Restrictions: The following prizes are available to be won: A Three Night Stay at Ko’a Kea
Hotel & Resort to be redeemed by December 31, 2019 in an Ocean View Room: approximate
retail value ($3,500).
The total approximate retail value
of all prizes is $3,500. The
odds of winning depend on number of eligible entries
received throughout the Contest Period. Prizes are awarded “as is” with no
warranty or guarantee, either express or implied by Sponsor. Prizes cannot be transferred, assigned,
substituted, or redeemed for cash, except at Sponsor’s sole discretion. All applicable federal, state or local taxes,
as well as any other costs and expenses, including airfare and travel,
associated with prize acceptance not specified as being provided by Sponsor are
the responsibility of the winner. If the
eligible winner is 18 years of age but still deemed a minor in his/her state of
residence, Sponsor reserves the right to award such prize in the name of
his/her parent or legal guardian, who will be responsible for fulfilling all
requirements imposed on winner set forth herein. No more than the stated number of prizes will
be awarded.
Limit one (1) prize
per eligible person/family/household.
No cash redemption, substitution or
transfer of any prize by winner(s) is permitted. In the case of unavailability of prize in
whole or in part, Sponsor reserves the right to substitute a prize of equal or
greater value, or cash award in the amount of the applicable value set out in
these Official Rules, in its discretion.
4.
Winner
Selection, Random Drawing, Winner Notification, and Awarding of Prizes:
The potential prize winner(s) (“Potential Winner”) will be selected by a random drawing from among all eligible entries received
throughout the Contest Period, on or about May 1st, 2019. Potential winner(s) will be notified by e-mail
on or about May 15, 2019.
By entering the Contest, you consent to
such notification. Sponsor shall have
no
liability for potential winner’s failure to receive notice of winning if such
failure is outside of Sponsor’s control. Potential Winners will then have 7 days to
respond to Sponsor’s direct message by sending a responsive direct message with
active email address. The responsive
e-mail should list
“Contest
Winner” in the subject line
and the body text of the e-mail should
unequivocally express that the Potential Winner is accepting the prize. The 7
days within which a responsive e-mail should be sent are counted from the date
on Sponsor’s e-mail, not the date that the Potential Winner reads the e-mail. If there is a dispute regarding Contest entries
received from multiple users having the same e-mail account, the authorized account
subscriber of the e-mail account at the time of entry will be deemed to be the
entrant and must comply with these Official Rules. The authorized account subscriber is the
natural person who is assigned the e-mail address by the Internet Service
Provider (ISP), on-line service provider, or other organization responsible for
assigning e-mail addresses. Winners may
be publicly announced through postings on Sponsor’s Instagram Stories; this is
not
an alternative means of notice to Potential Winners. Winners may be required to sign and return an Affidavit
of Eligibility and Liability/Publicity Release.
Any failure to comply with any of the foregoing may result in Potential
Winner’s prize being forfeited without compensation and awarded to an alternate
winner at the sole discretion of the Sponsor. No prize transfer,
assignment, or substitution by a winner is permitted. NON-COMPLIANCE OR RETURN OF PRIZE NOTIFICATION
AS UNDELIVERABLE, BY MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN
ALTERNATE POTENTIAL WINNER. WHEN THIS
OCCURS, THE DISQUALIFIED POTENTIAL WINNER WILL NOT BE COMPENSATED IN ANY WAY.
The
odds of winning depend on the number of entries received.
5.
LIMITATIONS OF LIABILITY,
DISCLAIMERS
: EACH OF THE KO’A KEA PARTIES EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KO’A KEA PARTIES SHALL NOT BE LIABLE OR
RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS,
PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE.
UNDER NO CIRCUMSTANCES SHALL THE KO’A KEA PARTIES (OR ANY OF THEM) BE HELD
RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED
AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING
IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS
UNDER THESE OFFICIAL RULES. KO’A KEA PARTIES OFFER NO ASSURANCES, GUARANTEES OR
WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR
ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE CONTEST. KO’A KEA PARTIES WILL NOT BE LIABLE, AND ARE NOT
RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR
INABILITY TO PARTICIPATE IN THE CONTEST, WHETHER THE DAMAGES ARE DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL. BY ENTERING THE CONTEST AND/OR
ACCEPTING A PRIZE, YOU AGREE THAT KO’A KEA PARTIES SHALL NOT BE LIABLE FOR, AND
WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR
LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART,
DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, USE OR MISUSE OF PRIZE,
PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A KO’A KEAPARTY OF ANY
ENTRY, PARTICIPATION IN THE CONTEST, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU
MAY HAVE AGAINST ANY KO’A KE APARTY.
6.
Release and Indemnity:
By participating in the Contest, all
Entrants, and all winners agree to release and hold harmless each of the KO’A
KEA Parties and their respective successors, transferees and assigns from any
and all liability, for loss, harm, damage, injury, cost or expense whatsoever
including without limitation, (i) the use of my personal information for
purposes of advertising or trade, (ii) the award, acceptance, use or misuse of
any prize, (iii) technical failures of any kind, including, without limitation,
malfunctioning of any computer, cable, network, hardware or software, the
unavailability or inaccessibility of any transmissions or telephone or internet
service, (iv) unauthorized human intervention in any part of the entry process
or the Contest, (v) electronic or human error which may occur in the
administration of the Contest or the processing of Entries, (vI) property
damage, personal injury and/or death which may occur in connection with or
participation in the Contest, or possession, acceptance and/or use or misuse of
prize and (viI) for any claims based on publicity rights, defamation or
invasion of privacy and merchandise delivery.
By
participating in this Contest and/or accepting prizes, each Entrant agree to
indemnify and hold Sponsor and its affiliates, directors, officers, employees
and assigns harmless against any and all claims and liability in connection
with the contest, or the use or redemption of prizes, including, without
limitation, bodily injury or death or the violation of the rights of any third
parties. Prize winners
agree to accept the prize “as is” and understand that the
Sponsor has made no warranty, representation, or guarantee about the prize(s).
7.
Conditions and Additional Terms: All federal, state and other taxes are the sole
responsibility of the winner. Ko’a
Kea Parties are not responsible if Contest cannot take place or if any prize
cannot be awarded due to travel cancellations, delays or interruptions due to
acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official
Rules, attempt to interfere with this Contest or act in an inappropriate or
disruptive manner in any way shall be disqualified. Ko’a Kea Parties are not responsible for
technical, hardware, software, telephone or other communications malfunctions,
errors or failures of any kind, lost or unavailable network connections, web
site, Internet, or ISP availability, unauthorized human intervention, traffic
congestion (regardless of cause) or failed, incomplete, garbled, jumbled or
delayed computer transmissions which may limit one’s ability to enter a
qualifying submission to the Contest, including any injury or damage to your or
any other person’s computer relating to or resulting from participating in this
Contest or downloading any materials in this Contest. Sponsor reserves the right, in its
sole discretion, to disqualify any individual who tampers with the entry
process. Sponsor reserve the right, in its sole discretion, to
cancel, terminate, modify, extend or suspend this Contest without compensation
or notice to any Entrant should (in Sponsor’s sole discretion) computer virus,
bugs, non-authorized human intervention, fraud, tampering, corruption,
technical failure or difficulties (which prevent proper Contest administration)
or other causes beyond Sponsor control corrupt or which affect the
administration, security, fairness or proper conduct of the Contest or
for
any reason this Contest is not capable of running as planned
. In the case of cancellation, any unclaimed
prizes will not be awarded, or will be among all eligible entries received
as of the date of termination, in Sponsor’s discretion.
Sponsor reserves the right, in its sole
discretion, to disqualify any individual it finds to be tampering with the
operation of the Contest or web site. Sponsor
may prohibit or disqualify a participant from participating in the Contest or
winning a prize if, in its sole discretion, it determines that said Entrant is
attempting to undermine the legitimate operation of the Contest by cheating,
deception, or other unfair practices or intending to annoy, abuse, threaten or
harass any other entrants or Ko’a Kea Parties.
Entrants agree that personal data may be
processed, shared, and otherwise used for the purposes and within the context
of the Contest and any other purposes outlined by these Official Rules. The data may also be used by the Sponsor in
order to verify the participant’s identity, postal address, and telephone
number or to otherwise verify the participant’s eligibility to participate in
the Contest.
No license to use the intellectual
property of Sponsor is hereby granted.
8.
Disputes: Except
where otherwise specifically prohibited, Sponsor reserve the right to make all
decisions arising out of or relating to the Contest in its sole discretion, and
the decisions by Sponsor are final and binding on all matters relating to the
Contest. Except where prohibited, you
agree that: (a) any and all disputes, claims and causes of action arising out
of, or connected with the Contest or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by the
appropriate court located in the State of California; (b) any and all claims,
judgments, and awards shall be limited to actual out-of-pocket costs incurred,
including costs associated with entering the Contest, but in no event
attorneys’ fees; and (c) notwithstanding the foregoing, you hereby waive any right
to claim any damages whatsoever, including, but not limited to, punitive,
consequential, direct, or indirect damages and you
will not be permitted to obtain awards for indirect, punitive,
incidental and consequential damages or any other damages (other than for your
actual out-of-pocket expenses) and not be permitted to have any rights to have
damages multiplied or otherwise increased
.
All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, your rights and obligations, or the rights and obligations of the
Entrant or Sponsor in connection with the Contest, shall be governed by, and
construed in accordance with, the laws of the State of California, without
giving effect to any choice of law or conflict of law rules (whether of the
State of California or another jurisdiction) which would cause the application
of the laws of any jurisdiction other than State of California. By
participating in the Contest, you agree that Irvine, California will be the
exclusive forum for any formal dispute resolution.
9.
General Rules:All federal, state and local laws apply. All income taxes resulting from acceptance of
prize are the responsibility of the applicable winner. Sponsor modify this contest in a manner deemed
reasonable by the Sponsor, at Sponsor’s sole discretion. Sponsor and Sponsor affiliates are not
responsible for late, lost, misdirected, illegible, incomplete, stolen, corrupted,
garbled or misdirected entries or prize related notices or for any
typographical, or other error in the administration of the contest, all of
which are void. Electronic entries will be
deemed made by the authorized account subscriber of the e-mail address
submitted at time of entry. The
authorized account subscriber is deemed as the natural person who is assigned
to an e-mail address by an Internet access provider, online service provider or
other organization that is responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. By entering the Contest, each Entrant recognizes
and agrees that the registration information provided by entrant will be made
available to Sponsor; use of such information will be governed by Sponsor’s
privacy policy found at
https://www.meritagecollection.com/privacy-policy . Entrants agree that personal data may be processed, shared,
and otherwise used for the purposes and within the context of the Contest and
any other purposes outlined by these Official Rules. The data may also be used by the Sponsor in
order to verify the participant’s identity, postal address, and telephone
number or to otherwise verify the participant’s eligibility to participate in
the Contest
.
10.
Winner’s List:For the names of the winners (available after
May 15, 2019,) send a self-addressed, stamped #10 envelope to: Paséa Hotel
& Spa, C/O Marketing Department, 21080 Pacific Coast Highway, Huntington
Beach, CA 92648; Attn: Names of Winners – Ko’a Kea NY Golden Celebration Requests
must be received by February 28, 2019
11.
Sponsor Address:
Poipu Beach Hotel, LLC; 2251 Poipu Road, Koloa, HI 96765.