Hawaiian Airlines Mother’s Day Sweepstakes Official Rules
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Hawaiian Airlines, Inc. and not to Instagram. The information you provide will only be used in the event you are selected as a Sweepstakes winner
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state, and local laws. Sweepstakes begins on April 29, 2021 at 9:00 am HST and ends on April 30, 2021 at 11:59 pm HST (the "Sweepstakes Period"). Administrator's computer is the official time keeping device for this Sweepstakes.
1. Eligibility: The Hawaiian Airlines Mother’s Day Sweepstakes (the "Sweepstakes") is open to legal residents of the 50 U.S., DC & its territories, 18 years of age or older or age of majority who, as of date of entry, are at least 18 years of age or the age of majority in their respective states/jurisdictions of permanent residence, whichever is greater who possess a web-enabled mobile device as of April 28, 2021. Employees, officers, and directors of Hawaiian Airlines, Inc. ("Sponsor"), Don Jagoda Associates ("Administrator"), Honolulu Cookie Company, Shop Mahina, Vinesse Wines, and any of their respective parents, affiliates, subsidiaries, franchisees, mandataries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether or not related) are not eligible to enter or win. Participation constitutes entrant's (defined below) full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator'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. Sponsor reserves the right to verify the eligibility of winner.
2. Sponsor/Administrator: The Sponsor is Hawaiian Airlines, Inc., 3375 Koapaka Street, G-350, Honolulu, HI 96819. The Administrator is Don Jagoda Associates, 100 Marcus Drive, Melville, NY 11747.
3. How to Enter: There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning.
During the Sweepstakes Period, to qualify for an entry via the Instagram application, using your own account, follow @HawaiianAirlines, @honolulucookie, and @shopmahina and “like” the Mother’s Day Sweepstakes Post from @HawaiianAirlines, comment on why you are thankful for your mother or mother figure and tag/mention three (3) friends in the comment.
You must have a public Instagram account and, if you are selected as a winner, must be able to receive Direct Messages.
Incomplete, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user's computer/device equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address associated with your Instagram account will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entrant’s social media profiles must be keeping with Sponsor’s image or he/she may be disqualified.
SWEEPSTAKES ENTRY REQUIREMENTS: By entering, you agree to waive any rights you may have to the entry submitted. If any other person is depicted in your entry, they must have provided their consent for submission in the Sweepstakes (and if a minor is depicted you must be the parent or legal guardian of such minor). The entry, or portion thereof, must not contain obscene, profane, lewd, defamatory or inappropriate content, or be disparaging to Sponsor, as determined in Sponsor’s sole discretion. Entries must be in keeping with Sponsor’s image and may not be offensive, as determined by Sponsor in its sole discretion, nor can an entry defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights. Entrants may not copy or otherwise plagiarize the entry from any source. All entries must be the sole, original work of the entrants. Any entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, defamatory, inappropriate, disparaging, offensive or contains proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, or is otherwise objectionable, will not be considered and may disqualify the Entrant. Entries should not contain any visible logos or trademarks or violate or infringe (or possibly infringe) any copyright, trademark, logo, mark that identifies a brand. By submitting an entry, entrant grants to Sponsor (and to those acting on its behalf) a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the entry (in whole or in part) as Sponsor, in its sole discretion, deems appropriate including, without limitation, (a) in connection with Sponsor’s business; and (b) in connection with the businesses of Sponsor’s successors, parents, subsidiaries, and their related companies. Sponsor may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such entry. By submitting an entry, each entrant represents and warrants that the entry meets all of the submission requirements set forth herein and that the distribution, reproduction, display and any other uses of any part of the entry by Sponsor as permitted herein will not infringe any third-party rights. Instagram is not affiliated with this Sweepstakes in any way and is not responsible for the administration of the Sweepstakes or the awarding of the prizes. No endorsement or approval of Sweepstakes by Instagram is expressed or implied. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.
4. Selection of Winner: On or about May 3, 2021, one (1) Prize winner will be randomly selected from among all eligible entries received throughout the Sweepstakes Period.
Drawing will be conducted by the Administrator, an independent judging organization whose decisions are final and binding on all matters related to the Sweepstakes. The odds of winning the Prize depend on the total number of entries received throughout the Sweepstakes Period.
5. Winner Notification: Potential winner will be initially notified by Direct Message (“DM”) on Instagram and must follow the instructions outlined in the DM. Winner will then be required to confirm his or her or their eligibility/address via email and provide an assignment of rights, within two (2) days of being notified in order to claim his/her/their prize.
If the potential winner fails to reply to direct message or any prize/prize notification is returned undeliverable, or in the event that the potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries received throughout the Sweepstakes Period. The prize will be awarded provided a sufficient number of eligible entries are received throughout the Sweepstakes Period.
Potential winner is subject to verification by Sponsor and/or Administrator, whose decisions are final and BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. An entrant is not a winner of the prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete.
6. Prize and Approximate Retail Value ("ARV"): One (1) Prize will be awarded, consisting of a Mother’s Day Gift Basket, including one (1) Honolulu Cookie Company’s Floral Gift Tray, one (1) $100 Mahina Gift Card, two (2) Vinesse Wine Glasses and one (1) Vinesse Canvas Tote Bag. Total Prize ARV $270.
Prize Restrictions: Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion if any advertised prize becomes unavailable. Winner is responsible for any loss of prize after it has been delivered. Sponsor will not replace any lost or stolen prize. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the sole responsibility of the prize winner.
7. 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 and in the event of cancellation, the prize will be awarded in a random drawing from among all eligible entries received prior to cancellation. Sponsor, Administrator, Honolulu Cookie Company, Shop Mahina, Vinesse Wines, and their agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user's computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor or Administrator. Sponsor's or Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS SWEEPSTAKES OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Sweepstakes is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Sweepstakes or suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among all eligible entries received prior to cancellation up to the time of the impairment.
8. Release and Limitations of Liability: By participating in this Sweepstakes, entrants agree that Sponsor, Administrator, Honolulu Cookie Company, Shop Mahina, Vinesse Wines, Instagram, and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of the prize. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF ANY PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF THE INSTAGRAM APPLICATION OR ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SUCH SITE/APPLICATION.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZE, 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 EXCLUSIONS 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.
9. Publicity: EXCEPT WHERE PROHIBITED BY LAW, WINNER GRANT TO SPONSOR AND ADMINISTRATOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR AND/OR ADMINISTRATOR), AND THOSE ACTING PURSUANT TO THEIR AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, ENTRY, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
10. 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 District of Hawaii or the appropriate State Court located in Hawaii; (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 Hawaii, without giving effect to any choice of law or conflict of law rules (whether of the State of Hawaii or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawaii.
12. Official Rules and Winners List: For a copy of the Official Rules, visit firstname.lastname@example.org with WINNER & 11-2444-13 as the subject line. Winner’s name will be sent after the prize has been awarded.