TERMS AND CONDITIONS FOR GIVEAWAY (“OFFICIAL RULES”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. Void where prohibited. Giveaway promotion subject to change. Giveaways are sponsored by WAIAKEA, Inc., located at 5800 Hannum Ave. a135, Culver City, CA 90230 (“Sponsor” or “Waiakea”). Internet participants: The promotions are intended for viewing and participation by all individuals within the United States, except where prohibited. Do not proceed with this contest/giveaway/sweepstakes (the “Giveaway”) if you are outside of eligible areas.
Eligibility: Open only to individuals 18 years of age or older. Employees, officers, and directors of Sponsor and its parent, affiliated, and subsidiary companies, distributors, retailers, licensors, advertising and promotional agencies (collectively, “Sponsor’s Entities”) (and the immediate family members, including parents, spouses, children, and siblings, of all of the foregoing) are not eligible to participate or win.
To Enter: During the specified Giveaway period (announced when the Giveaway is announced), you may enter by filling out the Waiakea General Contest Entry Form. Limit one entry per person, household, IP address and/or email address. Entries will be deemed to have been submitted and made by the authorized account holder of the Instagram account and email address at the time of entry. The authorized account holder is the natural person who is assigned to the Instagram account by an Internet access provider, online service provider, or other organization that is responsible for assigning such email addresses for its associated domain name. Any entry information collected from the Giveaway shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with Sponsor’s Online Privacy Policy. False, fraudulent, or deceptive entries or acts will render entrant(s) and entries ineligible. By entering, the entrant agrees to be bound by these Official Rules and the decisions of Sponsor and Sponsor’s representatives in all matters relating to this Giveaway.
Potential Winner Selection: Potential winners will be selected based on the criteria defined at the beginning of the Giveaway. The potential Winner will be notified by Instagram direct message, followed by Instagram announcement and will be required to respond within the allotted time to claim their prize. The winner may be required to complete, sign, and return to Sponsor an affidavit of eligibility, a waiver of liability, and (where legally permitted) a publicity release within three (3) days of issuance of prize claim, or prize may be forfeited and offered to an alternate potential winner. By entering the Giveaway, entrants consent to the use of their names, Instagram handles, photographs, and related statements by Sponsor in advertising, promotional materials, and on its website, throughout the universe in perpetuity, without notice or compensation, unless prohibited by law.
Prizes: Odds of winning a prize are determined by the total number of eligible entries received. One winner will be chosen and contacted within 3 days of the Giveaway end date. Limit one prize per person, household, IP address, and/or email address. Sponsor reserves the right to substitute prizes of equal or greater value at Sponsor’s sole discretion, or to end a Giveaway due to lack of participation. The prize is non-transferable, non-refundable and no cash alternative will be given. Waiakea accepts no responsibility for any tax implications that may arise from accepting a prize and recommends that all entrants obtain independent financial advice in this regard. If any act, omission, event or circumstance occurs which is beyond the reasonable control of Waiakea and which prevents Waiakea from complying with these terms and conditions, Waiakea will not be liable for any failure to perform or delay in performing its obligations. Except in respect of liability for death or personal injury caused by its negligence, or for any fraud, fraudulent misrepresentation or any other liability which cannot be excluded by law, Waiakea will not be liable for any losses, damages, expenses, costs or claims arising out of or relating to this Giveaway or the use of the prize, whether in contract, tort (including negligence), breach of statutory duty or otherwise.
General: Void where prohibited by law. All entries become property of Sponsor and may not be acknowledged or returned. Acknowledgment of an entry does not indicate that the entry qualifies, only that the entry has been received. By entering, the entrant assumes all liability for injury or damage caused or alleged to be caused by participation in this Giveaway and/or the acceptance, use, or misuse of any prize. Sponsor’s Entities and all Internet server(s) and access provider(s), and the respective entities, designees and representatives of each of the foregoing (collectively, the “Releases”) are not responsible for: any incorrect or inaccurate entry information; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers or software, including without limitation any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in the Giveaway; inability to access Waiakeasprings.com Site and/or any other website referenced herein; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly, or is incomplete, stolen or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any web site or for any other reason whatsoever; or printing or other errors. By entering, the entrant releases and waives any claim(s) they may have against Releases for any and all injuries, claims, damages, losses, costs or expenses of any kind (including, without limitation, attorney’s fees) resulting from or alleged to result from participation in this Giveaway and/or the acceptance, use, or misuse of any prize or parts thereof, or participation in this Giveaway. Sponsor shall not be liable to winner or any other person for failure to supply the prize by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, terrorist acts, 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, international carrier issues or any other cause beyond Sponsor’s sole control. If for any reason, the Giveaway is not capable of running as planned or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures or any other causes, in Sponsor’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this Giveaway or any portion thereof. In the event this Giveaway is cancelled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification or suspension occurs, notification will be posted on Waiakea's website. Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the Giveaway is a violation of criminal and/or civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the email address/Instagram account associated with the winning entry and that all eligibility requirements are met.