Dole Packaged Foods, LLC
“Spirit of Hawaii” Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. Eligibility: The Spirit of Hawaii Sweepstakes (the “Promotion”) is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older, and located in the U.S. at the time of entry. Dole Packaged Foods, LLC (“Sponsor”), Huerta Quorum, Finn Partners, BLITZ Agency, Hilton, Hawaiian Airlines, and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees and agents (collectively, “Promotion Parties”), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible. Void elsewhere and where prohibited by law.
2. Promotion Period: The Promotion begins at 12:00 a.m. Pacific Time ("PT") on November 11, 2016 and ends at 11:59 p.m. PT on December 31, 2016 (the "Promotion Period"). All entries must be received by the end of the Promotion Period to be valid.
3. How to Enter: Online Entry: During the Promotion Period, go to www.dolesunshine.com/paradise (“Website”) and click on the link to locate the official entry form. Follow the on-screen directions, complete all required registration fields and submit to enter (“Online Entry”). Entrants must complete all required information. Incorrect and incomplete entries are void. LIMIT ONE (1) ONLINE ENTRY PER PERSON/EMAIL ADDRESS DURING THE PROMOTION PERIOD REGARDLESS OF ENTRY METHOD. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified.
NOTE: Message and data rates apply to use of mobile device for Sweepstakes entry. You may be charged by your wireless carrier for accessing the mobile version of Sweepstakes website or otherwise participating in the Sweepstakes via mobile device. Be sure to check your wireless carrier’s pricing plan before participating in the Sweepstakes via mobile device. Not all mobile devices offer wireless Internet access functionality and these services may not be available in all areas.
4. Drawings: For purposes of this Sweepstakes, a "week" is defined as beginning at 12:00 AM PT on Saturday, and ending the following Sunday at 11:59 PM PT ("Weekly Entry Period"). On or about a week after each Weekly Entry Period ends, the independent judging agency will conduct a random drawing to win a Dole 2017 Limited Edition Commemorative Spirit of Hawaii pin (“Weekly Prize”) from among all eligible entries received during all of the preceding Weekly Entry Periods. Entries will rollover to subsequent weekly prize drawings. Weekly Prizes will be automatically mailed to the winner’s address as provided in the registration form. If a potential Weekly Prize winner is found to be ineligible or not in compliance with these Official Rules, or in the event that a Weekly Prize is returned undeliverable, the Weekly Prize will be forfeited and, in the Sponsors’ sole discretion, Weekly Prize may be awarded to an alternate winner. The right to receive a Weekly Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state and local taxes, if any, are the sole responsibility of winner. Allow 6 to 8 weeks for verification and shipment of each Weekly Prize. Limit one (1) Weekly Prize per person. On or about one week after the Promotion Period ends, the independent judging agency will conduct a random drawing for the Grand Prize winner from among all eligible entries received during the Promotion Period.
5. Prizes, Approximate Retail Value (“ARV”) & Odds: One (1) Grand Prize: First class air travel to Kailua-Kona, Hawaii Island for two (2) from the certain cities in the US Mainland. Air travel is awarded in the form of two-hundred-and-sixty-thousand (260,000) HawaiianMiles, which is equivalent to two (2) roundtrip First Class tickets between any North America Hawaiian Airlines gateway city and Kailua-Kona, Hawaii Island, Hawaii (KOA). Hawaiian Airlines' North American gateway city airport codes are JFK, LAX, SFO, SEA, PDX, SMF, OAK, SJC, SAN, PHX, and LAS. Winner is solely responsible for transportation between their home and the nearest Hawaiian Airlines gateway city. Winner must deposit HawaiianMiles into their HawaiianMiles account before the expiration date on the certificate. HawaiianMiles accounts are free and easy to open at www.hawaiianairlines.com. Redemption and use of complimentary award miles for travel are wholly subject to terms and conditions of the HawaiianMiles program. Travel awards are based on space availability. The certificate cannot be transferred, exchanged or replaced and has no cash value whatsoever. Other restrictions apply; see Terms and Conditions of the HawaiianMiles program and Hawaiian Airlines’ general transportation rules. 6 day, 5-night stay, oceanfront accommodations including resort charge and parking at Hilton Waikoloa Village. December 20, 2017 – January 3, 2018 are blackout dates and additional blackout dates may apply. Always inquire with hotel before confirming any airline reservations for date availability. Availability of complimentary certificate is limited to available dates as set by hotel and is not based on last room availability. A maximum of four persons allowed per guestroom, (two adults and two children). Additional adult charge is $50 plus tax, per night. Meals, gratuities, hotel incidentals, phone calls, additional ground transportation, luggage fees, souvenirs, personal services, insurance (of any kind), and all other expenses not specified herein as being included in the prize are the winner’s sole responsibility. The winner and his/her guest must travel together on the same itinerary and must depart from and return to the same (U.S.) airport. Prize winner and/or guest may be required to provide a credit card at the time of hotel or rental car check-in to cover, among other things, incidentals and other expenses incurred that are not included as part of the prize. Certificate has no cash value, and may not be combined with any promotional packages. It will not be replaced in case of loss and it is not transferable and not for resale. The Approximate Retail Value (“ARV”) of the Grand Prize is $2,316.00 Actual value may vary based on point of departure, airfare fluctuations and final trip details. Any difference between the stated ARV and actual value of the prize will not be awarded in any form.
The Grand Prize winner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule, or reflect unfavorably on the Sweepstakes as determined by Sponsor in its sole discretion; and, potential Grand Prize winner agrees to cooperate fully with Sponsor and its agencies relative to the performance of such background check by providing all necessary consents and materials in conjunction therewith and to be bound by its results. The Grand Prize winner will be issued an IRS form 1099, a copy of which will be furnished to the IRS, for the value of the prize in January 2017. All income taxes on the prize are the winner's sole responsibility. By accepting the prize, the winner agrees that any liability concerning or arising out of his/her prize rests solely with the air carrier, car rental agency or ground transportation on which the winner traveled and the hotels that provided lodging.
Furthermore, winner, by accepting any prize (be it the Grand Prize or a Weekly Prize), acknowledges that the Promotion Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose. Seven hundred (700) Weekly Prizes (100 per week): A Dole 2017 Limited Edition Commemorative “Spirit of Hawaii” Pin (ARV: $2.75 each pin).
The Approximate Retail Value (“ARV”) of all prizes in the sweepstakes is $4,241.00. Any difference between the stated ARV and actual value of the prize will not be awarded in any form.
No substitution, cash redemption or transfer of prizes is permitted except at Sponsor’s sole discretion or as provided herein. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the winner(s). Arrangements for delivery of prize(s) will be made after winner validation. LIMIT ONE (1) PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. Odds of winning a prize depend on the number of entries received. At the Sponsor’s discretion, unclaimed prizes may not be awarded.
6. General Rules: All applicable federal, state and local laws apply. All potential winners will be contacted by telephone, email, regular, or overnight mail, and will be required to complete, sign and return an affidavit of eligibility, a liability release, and W9 tax form and where lawful, a publicity release within a stated amount of time. The return of any notification as undeliverable or failure to respond to notices or return any required documents in a timely manner or a determination that a potential winner is ineligible or not in compliance with these Official Rules, as determined solely by the judging agency, may result in disqualification of the winner and forfeiture of the corresponding prize, and the choosing of an alternate winner. By participating in this Promotion, entrants agree to abide by and be bound by the Official Rules and decisions of the independent judging agency, which shall be final in all matters relating to the Promotion.
Neither Sponsor nor Promotion Parties (“Promotional Entities”) are responsible for: (i) electronic or digital transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, or misdirected or for non-delivered or postage-due mail; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation of transmission, communication failures (including but not limited to failures or malfunctions of phone lines, telephone systems or other communications systems), destruction of or unauthorized access to, or alteration of, entries, or for printing, distribution or production errors; (iii) failed or unavailable hardware, network, software or telephone transmissions; (iv) damage to entrants' or any person's computer; (v) causes beyond Promotion Entities reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Promotion; (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Promotion; (vii) any typographical or other error in the printing or advertising related to the Promotion, in the administration or execution of the Promotion, or in the announcement/notification of prize winners; (viii) by any human, or other error, which may occur in this Promotion or (ix) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified.
If for any reason this Promotion cannot be executed as planned, including but not limited to infection by virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor or judging agency that corrupt or affect the security, administration, fairness, integrity, fairness or proper conduct of this Promotion, or if this Promotion is compromised or becomes corrupted in any way, electronically or otherwise, judging agency reserves the right, in its sole discretion, to void suspect entries/entrants and/or modify, suspend and/or terminate this Promotion. If the Promotion is terminated before the stated end date of the Promotion Period, the judging agency will select any remaining winners in a random drawing from among all eligible, non-suspect entries received through all entry methods combined as of the time/date of termination. Judging agency reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process, who acts in a disruptive or unfair manner, or who attempts to enter using any automatic or programmed entry method, or any entry service. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR JUDGING AGENCY RESERVE THE RIGHT PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Dispute: Entrants agree that (1) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) is invalid, illegal, or otherwise voidable (or void) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in the state of California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (2) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entrant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. IN AGREEING TO RESOLVE ANY DISPUTE VIA ARBITRATION, ENTRANT UNDERSTANDS AND AGREES THAT HE/SHE IS WAIVING HIS/HER RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO A GIVEN ENTRANT. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, 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 any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
8. Release & Waiver: By participating in this Promotion, entrants agree to release, discharge, indemnify and hold harmless Promotion Entities and each of their parents, subsidiaries, affiliates, directors, employees and agent from and against any and all liability, claims, loss, injuries or damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind, personal injury, publicity rights, defamation or invasion of privacy, resulting in whole or in part, directly or indirectly from or arising in connection with the acceptance, possession, use, misuse or nonuse of any prize offered, or participation in this Promotion. By participating in this Promotion, entrants waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate.
9. Publicity: Acceptance of a prize constitutes permission for the Sponsor and its agencies to use winners’ names, and any travel companion's names, photographs, voices, likenesses, statements biographical information and city and state addresses on a worldwide basis, in perpetuity, for purposes of advertising and publicity in all media now known or hereinafter invented without territorial or time limitations and without additional compensation or notice, unless prohibited by law.
11. Choice of Law and Jurisdiction: This Promotion is offered only in the United States and is governed by the laws of the State of California. By entering, entrants irrevocably consent to the sole and exclusive jurisdiction of the courts of the State of California located in the county of Los Angeles for any action, suit or proceeding arising out of or relating to this Promotion.
12. Winners’ List: To receive the winners’ list for this Promotion, please submit your request to firstname.lastname@example.org within 60 days of expiration of the Promotional Period. The winners’ list will be available after winner validation has been completed.
13. Official Rules Request: To request a copy of the Official Rules, visit www.dolesunshine.com/paradise or send a self-addressed stamped envelope by December 31, 2016 to: Official Rules Request, 801 N. Brand Blvd., Ste 230, Glendale, CA 91203