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KING’S HAWAIIAN® ESCAPE TO PARADISE SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. 1. Eligibility: The KING’S HAWAIIAN® Escape to Paradise Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States (excluding New York and Rhode Island) and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Employees of King’s Hawaiian Bakery West, Inc. and its affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. 2. Sponsor: King’s Hawaiian Bakery West, Inc., 19161 Harborgate Way, Torrance, CA 90501. 3. Timing: The Sweepstakes begins on May 11, 2009 at 12:00 a.m. Pacific Time ("PT") and ends on August 14, 2009 at 11:59 p.m. PT (the "Promotion Period"). Sponsor’s computer is the official time keeping device for the Sweepstakes. 4. How to Enter: Visit http://kingshawaiian.com and follow the links and instructions to submit your entry. Complete and submit the registration including a valid home address, phone number and email address. P.O. Boxes are not permitted. There is no cost to register or enter. Limit: Each participant may enter one (1) time per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. With respect to any winning entry, the winner may be required to provide proof that the winner is the authorized account holder of the email address associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. The Sponsor is not responsible for entries that are altered, defective, delayed, deleted, destroyed, fraudulent, inaccurate, incomplete, interrupted, invalid, late, lost, misrouted, non-delivered, stolen, tampered with, or unintelligible; any printing, production, technical, electronic, or other errors; or for lost, interrupted, or unavailable network, server, or other connections; miscommunications; failed phone, computer hardware or software, or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; each of which will be disqualified. 5. Selection of Winners: On or before October 23, 2009, potential winners will be randomly selected from all eligible entries. Each entrant will be eligible to win only one prize. The random selection will be undertaken under the supervision of Sponsor whose decisions shall be final in all matters. The potential winners will be notified by mail, email or phone. Each potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. All persons traveling with a grand prize winner must sign a Companion Release in order to accompany the grand prize winner on the travel prize. If a potential winner cannot be contacted, or fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period, he/she will forfeit the prize. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from among all remaining eligible entrants. Prizes will be fulfilled within eight (8) to ten (10) weeks after the winners have been determined. 6. Prizes: SIXTY-EIGHT (68) prizes in total will be awarded. THREE (3) GRAND PRIZES will each consist of a trip for four (4) to the Island of Hawaii and include the following: (a) four (4) round trip coach air fare tickets to the Island of Hawaii, (b) one (1) deluxe hotel suite accommodating four (4) people for six nights and seven days, (c) ground transfers in Hawaii between the arrival airport and the hotel, and (d) one (1) KING’S HAWAIIAN® Beach Bag that contains an IPod Shuffle, ITunes card, KING’S HAWAIIAN® beach towel, visor, water bottle, sun tan lotion, sport kit and beach ball. Grand prize winners are responsible for transportation from their residence to and from the departure city airport. The trip itineraries will be arranged through a travel agency selected by the Sponsor and booked for each winner based upon the closest and most economical major airport and departure city. All other transportation, accommodations, meals, tips, government taxes and other items not specified herein are not included and are the sole responsibility of each winner. All travel commence after December 1, 2009 and must be completed by November 1, 2010. Certain blackout dates and travel restrictions may apply. Each grand prize has an Approximate Retail Value (“ARV”) of $5,476. The actual value of each grand prize will depend on the location of each grand prize winner, fares at the time of travel, and similar factors. For this reason, the actual value of each grand prize at the time it is fulfilled may be lower or higher than the ARV. Any difference between the actual value and ARV will not be awarded. TWENTY-FIVE (25) FIRST PRIZES will each consist of a KING’S HAWAIIAN® Beach Bag that contains an IPod Shuffle, ITunes card, a $200 gift card redeemable for groceries at specified local supermarkets, KING’S HAWAIIAN® beach towel, visor, water bottle, sun tan lotion, sport kit and beach ball. Each first prize has an ARV of $584. FORTY (40) SECOND PRIZES will each consist of a $100 gift card redeemable for groceries at specified local supermarkets. Each second prize has an ARV of $100. Prizes awarded as gift cards are subject to all terms and conditions of the card issuer, including (but not limited to) the imposition of deadlines for use, use restrictions, and services charges for periods of non-use. Use of prize gift cards to purchase certain products may be limited if required by law. Each prize is non-transferable and no substitution will be made except as provided herein at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prizes are non-exchangeable, have no cash value, and cannot be extended or replaced if destroyed, lost, stolen, or unredeemed. Total ARV of all prizes: $35,028. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person. 7. Release: By receipt of any prize, each winner agrees to release, indemnify and hold harmless Sponsor, and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, claims relating to copyright or trademark infringement, defamation or invasion of privacy or infringement of any third party rights, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize. 8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. By entering the Sweepstakes, participants agree that if they win any prize, their names may be included in a winners list that is published or otherwise made available to the public. 9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California; (2) 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; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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. 12. Entrant's Personal Information: By entering and providing the required entry information, entrants acknowledge and agree that Sponsor may send entrants information, samples or special offers it believes may be of interest to entrants about its products or other complementary goods offered by Sponsor. Information collected from online entrants is subject to Sponsor's privacy policy at http://www.kingshawaiian.com/privacy.php. IF YOU DO NOT WISH TO SHARE YOUR INFORMATION, PLEASE DO NOT ENTER THE SWEEPSTAKES. 13. Winner List: For the winner list, send an email with subject line: “Escape to Paradise Sweepstakes, Winner List Request” to WinListRequests@kingshawaiian.com. Requests must be received by December 31, 2009.
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