NO PURCHASE IS NECESSARY TO ENTER OR WIN.
Poipu Photo Contest (the “Contest”) starts on 5/10/12 at 4:00 pm HAST (Hawaii-Aleutian Standard Time) and ends on 5/21/12 at 9:00 am HAST (“Contest Period”).
Contest is open to Fans of the Poipu Kapili Facebook page. Employees of Poipu Ocean View Resorts, Inc. (“Sponsor”), and their respective vendors, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws.
HOW TO ENTER:
During the Contest Period, submit a photo taken in Poipu, Kauai (collectively, with entry form, “Entry”). If a minor appears in the photo, you must be the parent or legal guardian of such minor. To enter the Contest: (1) Online: visit http://www.facebook.com/PoipuKapili and go to the “Photo Contest” tab. Follow the directions provided to complete the entry form; then, upload your photo, and submit. Photo must be submitted in JPEG, GIF or PNG format and cannot exceed 2 MB in size. All online Entries must be received by 9/10/11 at 11:59pm EST to be considered.
Entries generated by script, macro or other automated means are void. Limit one (1) Entry per person, per Facebook Profile, regardless of method of entry. Entries received from any person in excess of the limitation will be void. All Entries become the sole property of the Sponsor and will not be returned.
REQUIREMENTS OF ENTRIES:
Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
- defames, misrepresents or contains disparaging remarks about other people or companies;
- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
- contains look-alikes of celebrities or other public or private figures, living or dead;
- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law.
Entry must be the original work of the entrant and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting your Entry, you agree that your Entry conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify your Entry for any reason, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
By submitting an Entry, entrant hereby grants permission for the Entry to be posted on any of the Poipu Kapili websites or social media channels, including but not limited to poipukapili.com and facebook.com/poipukapili, and for all uses of the Entry as described in the License/Use of Entries paragraph below. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and reserve the right to take down any Entry at any time.
Limit one (1) prize per person, per Facebook Profile, regardless of method of entry.
Photo submissions and voting will begin simultaneously on May 10, 2012. Entries may be submitted up to the end of the Contest period. Winner shall be determined by popular vote via the Facebook Photo Contest Application. Only fans of the Poipu Kapili Facebook Page may vote, one vote per person. Entrants are encouraged to promote their photos to their friends on and off of Facebook to gain as many votes as possible. Winners will be notified via email and announced and displayed on the Poipu Kapili Facebook Page on May 24th.
Votes received from any person or email address in excess of the stated limitation will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, the entrant who submits the Entry that receives the highest number of valid votes, as determined by Sponsor, will be deemed the “winner.” In the event of a tie, a “tie-breaker” round will be created. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor’s decisions are final and binding on all matters relating to this Contest.
There is no monetary prize for this contest. Winners will receive a special Kauai gift package put together by the staff of Poipu Kapili.
LICENSE/USE OF ENTRIES:
By submitting an Entry, each entrant agrees Sponsor shall have a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up license to the Entry submitted (including all rights embodied therein) and that Sponsor, and their respective designees may exploit, edit, modify, post, creative derivatives work of and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, including for advertising and marketing their products and services, worldwide, without compensation or notification to, or permission from, entrant or any third party.
By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries or votes; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries, the tabulation of votes, the announcement of the winner(s), the incorrect uploading of the photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner[s] from all eligible, non-suspect Entries received prior to action taken using the winner determination procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.