The Pride of Maui Beat the Heat Sweepstakes (“Sweepstakes”) is sponsored by Maui-Molokai Sea Cruises, d/b/a Pride of Maui (“Sponsor”).
The Sweepstakes is open and offered to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older as of May 7th, 2018. Employees and their immediate family and household members (whether or not related) of Sponsor and its employees, subsidiaries, affiliates, advertising, promotion, or fulfillment agencies, promotional partners, and all other entities or individuals involved in or associated with the development, implementation, administration, or fulfillment of the Sweepstakes (collectively, the “Sweepstakes Entities”) are not eligible to participate in the Sweepstakes. Only individuals meeting all eligibility requirements set forth in these Official Rules (“Participant”) may participate in the Sweepstakes or win a prize. All federal, state and local laws and regulations apply.
The Sweepstakes begins at 6AM Hawaii Time (“HT”) on May 7th, 2018 and ends at 6AM HT on May 9th, 2018 (“Sweepstakes Period”). Sponsor’s clock is the official timekeeper for this Sweepstakes.
How to Participate
During the Sweepstakes Period, follow the entry rules contained in the email or other notification. Limit one (1) entry per Participant PER DAY during the Sweepstakes Period. Multiple entries by or on behalf of the same Participant will result in ineligibility with respect to all entries by or on behalf of that Participant. Comment on sweepstakes Facebook post to be entered.
5 Winners (“Winner” or “Winners”) will be selected from all eligible entries received. Each Winner (once s/he has satisfied the “How to Claim Prizes” criteria in Section 8 below) will receive the following; Pride of Maui UV T-shirt, Tote Bag, Water Bottle, Hawaiian Sol SPF 50 Sunscreen. Coolie, Sunglasses, and Cooling Towel. (“Prize” or “Prizes”). Approximate Retail Value (“ARV”) of each prize: $75 Prize may not be sold, auctioned, offered for sale, assigned, transferred, offered for transfer, photocopied, duplicated, or redeemed or exchanged for cash, merchandise, or services, except by Sponsor, in its sole and absolute discretion, who reserves the right to substitute Prize with a prize of comparable or greater value if Prize becomes unavailable. Each winner is solely responsible for all other expenses associated with the Prize, including but not limited to transportation and taxes.
Odds of winning a Prize depend on the number of eligible entries received.
Selection of Winners
Potential winners will be selected in a random drawing by Sponsor or its designees on or around May 10th, 2018. Potential winners do not have to be present at the prize drawing to win.
How to Claim Prizes
Sponsor or its designees will attempt to notify each potential winner of his/her winning status via the telephone number(s) and/or e-mail address provided by the potential winner during Sweepstakes registration. Before a Prize is awarded, each potential winner must complete, sign, and return an Affidavit of Eligibility (“Affidavit”) and, where lawful, Liability/Publicity Release (“Release”) (collectively, “Affidavit and Release”) within three (3) days after notification. If the indicated forms are not signed and returned by the time indicated on the documents, or if a potential winner does not meet eligibility criteria, or is otherwise unwilling or unable to comply with these Official Rules, or cannot be contacted within three (3) days of their name being selected as a potential winner, an alternate potential winner may be selected, in Sponsor’s sole discretion. All prizes must be claimed by May 14th, 2018.
Except where and as may be prohibited by law, participation in the Sweepstakes and acceptance of a Prize constitutes the express permission of Winner for Sponsor and those acting pursuant to the authority of Sponsor to use such winner’s name, photograph, image, likeness, voice, opinions, hometown, and/or state for advertising, trade, promotion, and/or publicity purposes in all forms of media now known or hereafter discovered or devised, worldwide in perpetuity, without further notice, review or approval, or compensation.
Sponsor will collect personal data from entrants when they enter this Sweepstakes, and this information will be used for the purposes of administering the Sweepstakes, publicizing the Sweepstakes, and other promotional purposes that benefit Sponsor.
Sweepstakes Entities and Releasees (as defined below) shall not be responsible for non-conforming, lost, late, incomplete, inaccurate, delayed, undelivered, misdirected, or illegible entries or submissions (or any component thereof) or for inaccurate entry information, whether caused by Sponsor or participant or by any computer, technical, or human error or malfunction that may occur in the processing or judging of Submissions, the administration of this Sweepstakes, or in the announcement of prizes. Incomplete and/or duplicate submissions are not permitted and will be deemed void. The use of any device to automate the entry process is absolutely prohibited, and any such entries shall be void. Sponsor reserves the right, in its sole and absolute discretion, to void suspect submissions or entries or to modify, cancel, terminate, or suspend the Sweepstakes should a virus, bug, or other cause corrupt or impair the administration, security, or integrity of the Sweepstakes.
Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify, extend, or suspend the Sweepstakes should non-authorized intervention, fraud, weather, force majeure events, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. Sponsor reserves the right to disqualify any individual Sponsor or its designees determine, in their sole and absolute discretion, is or is attempting or intending to: (a) tamper with any aspect of the operation of the Sweepstakes, (b) defraud Sponsor or Sweepstakes Entities, (c) undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices, (d) annoy, abuse, threaten, or harass any other Participants, Sponsor, Sweepstakes Entities, or representatives of Sweepstakes Entities, or (e) act in violation of these Official Rules. In such event(s), Sponsor reserves the right (in addition to disqualification of such individual) to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. No groups, clubs, newsletters, or organizations may reproduce or distribute any portion of these Official Rules to their members, and anyone who participates in the Sweepstakes through means not permitted by these Official Rules is subject to disqualification. All entries are subject to verification and are void and will be rejected if not obtained through authorized, legitimate channels or if any part of an entry is determined by Sponsor or its designees to be illegible, forged, reproduced, manipulated, mutilated, counterfeited, or tampered with in any way. No more than the stated number of Prizes will be awarded. In the event that production, technical, mechanical, typographical, or any other reasons cause more than stated number of 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 Prizes (previously not awarded) by means of a random drawing among all legitimate and eligible Prize claims.
By participating in this Sweepstakes and/or accepting a Prize, Participant (for himself or herself and his or her heirs) agrees to release, indemnify, and hold harmless Sponsor, the Sweepstakes Entities, and each of their officers, directors, owners, employees, agents, affiliates, and owner-operators (collectively, the “Released Parties”) from any and all liability for any injuries, loss, harm, damage, cost, or expense of any kind to any person(s), including, without limitation, property damage, personal injury, and/or death, arising in whole or in part, directly or indirectly, from acceptance, possession, use, and/or misuse of a Prize or participation in this Sweepstakes or any Sweepstakes-related activity and for any claims based on publicity rights, defamation, or invasion of privacy.
Agreement to Official Rules
By participating in the Sweepstakes, each Participant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. By participating in the Sweepstakes, each Participant waives any right to claim ambiguity in these Official Rules. In the event of any inconsistency with any other materials, these Official Rules shall govern.
Limitation of Liability
IN NO EVENT WILL SPONSOR OR ANY RELEASED PARTY BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, CLAIMS, ACTIONS, DAMAGES, LOSSES, OR LIABILITY OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING FROM PARTICIPATION IN, OR THE PRODUCTION, PROMOTION, OR ADMINISTRATION OF, THE SWEEPSTAKES, OR ACCEPTANCE, POSSESSION, USE, MISUSE, OR NONUSE OF A PRIZE THAT MAY BE AWARDED. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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 OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited, Participants agree that:
(a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of winners, shall be resolved individually, without resort to any form of class action
(b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees
(c) s/he hereby waives all rights to claim punitive, incidental, consequential, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased
The failure or delay by Sponsor in enforcing any particular clause, provision, or aspect of these Official Rules shall not impact the validity, enforceability, or effect of any other clause, provision, or aspect of these Official Rules.
Choice of Law
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of each Participant, and/or Sponsor or Released Parties in connection with the Sweepstakes, shall be exclusively governed by, and construed in accordance with, the laws of the State of Hawaii without regard to conflicts of law/choice of law doctrine of Hawaii or any other jurisdiction, and all proceedings regarding same shall take place exclusively either in a state or federal court located in Hawaii. Each Participant agrees to the jurisdiction of such courts and waives any right to change of venue or any like right.
Official Rules and Winners List
Official Rules for this Sweepstakes may be obtained by www.prideofmaui.com/sweepstakes during the Sweepstakes Period. For a disclosure of winners (first name, last name initial, and city), send a self-addressed, stamped envelope for receipt by May 31st, 2018 to: Maui-Molokai Sea Cruises, 355 Hukilike Street, Suite 207, Kahului, HI 96732.