2012 Bracket Challenge Rules
The Registration Process
Each participant must complete the registration process to become eligible to play. The registration is a simple process that involves filling out your contact information, team name creation, and password selection. Once you create a member ID (your email address), choose a password, and select your team name, you will then be given the opportunity to start making your bracket selections.
Tournament Information
The Men's College Basketball Tournament starts runs March 15th at Noon ET and runs through the Championship game ending April 2nd 2012 at Midnight ET. The Sunday prior to the start of the Men's College Basketball Tournament is called “Selection Sunday”. Selection Sunday occurs March 11th 2012. On Selection Sunday, Selection Committee will announce the bracket pairings for the first round games. There will be several "play-in" games prior to the start of the tournament. Winners of these games qualify for the final four spots in the Men's College Basketball Tournament. However, for this contest, the winner of each “play-in” game will be named the “Play-in Winner”, so it is no necessary to guess the winner of any “play-in” game. Shortly after the bracket pairings are announced on March 11th 2012, Dell Sports will have the complete bracket pairings available for all players. At this time, each player will be allowed to login and make their selections for their chance to win the contest. The deadline to make selections is March 15th 2012 at Noon ET. All picks must be successfully saved by or before this deadline.
Making Your Selections
Players can make their selections by clicking on the icon located at the top left of the home page or by selecting “Make Picks” on the navigation bar. This will lead you to a page displaying the bracket for the contest. From this screen, players will make their selections. To make your team selections, simply click the team name to advance them to the next round. If you make a mistake, you can select the opposite team in the previous round or you can also choose the "clear picks" button and start over again. It's that easy. After you have completed the bracket, you must click the “Submit” button to confirm and store your bracket. Once you click the “Submit” button, your picks will display as stored.
Selecting Teams Close To The Deadline
Any player attempting to make team selections close to the deadline risks the chance of not getting in his/her changes on time. We are not responsible for late entries, server congestion, faulty Internet connections, etc., which may cause the changes to your picks to not be made.
Winning the Game
Each Local Media Partner determines the local winners. Dell Sports simply displays the standings based on the scoring chart that the Local Media Partner pre-determines. Please check your local rules to see if the Media Partner’s rules vary from Dell Sports 2012 Bracket Challenge rules. Players are ranked according to their cumulative point score. The player with the most points at the end of the game wins. The player with the highest number of cumulative points at the end of the season wins the grand prize. In the event of a tie between two (2) or more entries, the winning entry will be determined by the following tiebreakers, in order of listing:
Tiebreaker #1 - Closest To Total Points Scored In Final Game (Based On Absolute Value)
Tiebreaker #2 - Most Correct Picks For All Rounds
Tiebreaker #3 - Riskiest Upset Picks
Tiebreaker #4 - Random Drawing
Tiebreaker #3 calculation: Each bracket is evaluated using the exclusive risk assessor, which computes the risk of each chosen upset versus historical tournament results. The bracket that is deemed riskiest by this methodology wins this tiebreaker.
Any further ties are left as ties in the standings. The tie-breaking system below represents the default tiebreaking system. Each media partner can choose their own scoring and tie-breaking system. If they select their own tie-breaking system and/or scoring it will be added into the rules and clearly stated. In all cases, an entry that does not win a tiebreaker is eliminated from consideration.
Round Tiebreakers
Players are ranked according to their cumulative round score also. The player with the most points at the end of the round wins that particular round. In the event of a tie between two (2) or more entries, the winning entry will be determined by the following tiebreakers, in order of listing:
Tiebreaker #1 - Most Correct Picks In That Round
Tiebreaker #2 - Riskiest Upset Picks
Tiebreaker #3 - Random drawing
Tiebreaker #2 calculation: Each bracket is evaluated using the exclusive risk assessor, which computes the risk of each chosen upset versus historical tournament results. The bracket that is deemed riskiest by this methodology wins this tiebreaker. In all cases, an entry that does not win a tiebreaker is eliminated from consideration. Please check your local rules to see if the Media Partner’s rules vary from Dell Sports 2012 Bracket Challenge rules.
Contest Scoring
The Bracket Challenge is scored (by default) using the scoring chart below. Each media partner can choose their own scoring and tie-breaking system. If they select their own scoring it will be added into the rules and clearly stated.
Players are ranked on the Standings page. The winner of the Bracket Challenge for each media partner is determined by the highest point total after the completion of the final game of the tournament.
Prizing Information
Any Participant(s) who select(s) a valid perfect bracket (the correct selection of all 63 matchups) prior to the start of tournament (start date varies each year), will receive $10,000. Payment will be in two equal dispersements of $5,000 US Dollars by Certified Check. The first payment will be within 60 days of receiving valid user ID forms (detailed in the winner information section below). The second payment will be dispersed 6 months from the first payment. Multiple users with valid perfect brackets (within any Media Partner contest) will split the prize.
Scoring Disputes
Dell Sports Inc. will post the scores shortly after every day’s games for each round, unless unforeseen complications arise. If you have a scoring dispute, please click on the support link in the navigation bar, and submit a request 24 hours prior to start of each round. Any disputes arriving after this time will not be addressed. All scores are final following the start of the next round. Dell Sports Inc. reserves the right to deny any scoring inaccuracies at any time due to circumstances beyond our control. See our Terms & Conditions page. It is each player's responsibility to confirm their own selections. Players should verify their selections on the "My Picks" page located on the blue navigation bar at the top of the home page.
Special Reserved Rights
Any player caught or suspected of system tampering, game interference or breaking our terms and conditions, may be removed without refund from our contest at any time and without notice. We also reserve the right to pursue legal and criminal action upon those member(s).
Winning Strategy
There is a great deal of strategy that goes into the bracket challenge game. Some players wish to select their favorite teams. Some players will want to pick the highest ranked teams to meet in the finals. There are many different strategies that have won. College Hoops is a great sport, so whatever your strategy, remember to have fun and enjoy the game.
Important Winner Information
All prize winners may be required to submit valid identification including their photo, social security number, and legal identification to Dell Sports, Inc. and to execute an affidavit of eligibility and a liability/publicity release within thirty (30) days following first attempted notification. They will also be required complete tax Form 1099-M in order to comply with
Federal and State tax laws. Failure to comply within this time period may result in disqualification and awarding of the prize to the entrant with the next highest score. Contestants agree to Dell Sports, Inc.'s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law. All federal, state and local laws and regulations apply. Taxes are the sole responsibility of the winners. Prizes are not transferable and must be accepted as awarded, no cash equivalents, no substitutes.
It is the responsibility of the Entrant to keep all mailing and e-mail information up-to-date and accurate. Winners should allow up to 6-8 weeks after they return their signed, notarized affidavit to receive their prize. Prize is not transferable. No prize substitution except at Sponsor's sole discretion due to prize unavailability for any reason and only then for prize of comparable value. Sponsor reserves the right to award the actual cash equivalent of any prize in lieu of the prize itself. Prize returned as undeliverable or otherwise not claimed within fourteen (14) days after being sent will be forfeited and awarded to an alternate winner. All entries will be declared made by the registered user of the e-mail address.
By accepting a prize, the winner grants permission to Sponsor and Promoter (which permission shall be confirmed in writing upon the request of Sponsor and/or Promoter) to use their names, photographs, likeness, voices, prize information and/or biographical information for publicity, advertising, trade and promotional purposes at any time or times, worldwide and on the World Wide Web without further compensation, or notice, review or approval, unless prohibited by law. If a winner is disqualified, an alternate winner will be selected. Sponsor is only obligated to contact a single alternate. In all instances in which Sponsor notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate winner, if such alternate winner is unavailable or disqualified or if the prize is returned as undeliverable, within the time frames otherwise allotted for the initially selected winner, then Sponsor may choose either not to award the prize or to donate it to another person or entity, in its sole discretion.
Entrants acknowledge that sponsor, promoter and their respective agencies have neither made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality. Except for a standard limited warranty that the prize manufacturer may include with the prize. The prize is awarded "as is" and without warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). For an additional copy of the official rules, please click on the terms and conditions link at the bottom of our web site. This may be printed and read at your convenience.
Notification
Winners will be notified by e-mail or regular mail within 30 (30) days after the date the winners are determined and may be required to sign and return an affidavit of eligibility and acceptance of these legal restrictions and a publicity/liability release (unless prohibited by law) within fifteen (15) days following attempted notification. Failure to comply with this requirement may result in disqualification and selection of an alternate winner. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.
This Game may not be used in connection with any form of gambling. The Game is strictly for entertainment purposes only.
Dell Sports Inc. is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Dell Sports, Inc. reserves the right to halt or modify the contest at any time during the contest period if events beyond their control compromise the contest's fairness or integrity. In the event that a scheduled game is canceled or preempted for any reason, no points will be awarded for that day on the affected basketball teams.
Dell Sports, Inc. is not responsible for typographical or other human or technical errors in the offer or administration of this contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prizes.
Dell Sports, Inc., in its sole discretion, may disqualify any entrant from participating in the contest, refuse to award points or prizes, and require the return of any prizes, if entrant engages in any conduct Dell Sports, Inc. deems to be improper, unfair or otherwise adverse to the operation of the contest or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during contest registration or prize claim, violating any term or condition stated herein, accumulating points or prizes through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or prizes, tampering with Dell Sports, Inc.'s administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, recompile or otherwise tamper with the computer programs on this Web site. Entrant further acknowledges that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Dell Sports, Inc. from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
Dell Sports, Inc. reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the contest. This contest is not affiliated with or endorsed by the NCAA or any NCAA basketball team. This is a skill contest designed to increase consumer awareness of and interest in Dell Sports contests and college basketball. This contest may not be used for any form of gambling.
Internet Problems
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, terrorism, work stoppage, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Dell Sports, Inc. which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, Dell Sports, Inc. reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the contest. In such event, Dell Sports, Inc. further reserves the right to award prizes to the players with the most points as of the termination date.
Technology Problems
Dell Sports, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. Dell Sports, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this contest.
Caution: Any attempt by a contestant to deliberately damage any web site or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Dell Sports reserves the right to seek damages from any such contestant to the fullest extent permitted by law.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
In the event that any legal or regulatory authority challenges the contest, Dell Sports, Inc. reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, Dell Sports, Inc. shall have no liability to any players who are disqualified due to such an action.
Additional Information
Prizes (if applicable) will only be awarded to entries whose accounts are deemed eligible. Winners of prizes valuing $600 or more during a calendar year must furnish a Social Security Number before payment is issued. Any entry that is incomplete, late, or does not include a validly issued User ID will be disqualified. You must be 13 years or older to participate and 18 years of age or older to win the game and/or receive any prizes.
Dell Sports Inc. reserves the right to use all entrants' names for publicity. Winners automatically grant to Dell Sports Inc., and their affiliated businesses and sponsors, the right to use their name and likeness in advertising and promotion of this event without further permission or compensation. Residents of Missouri are not required to comply with the terms of this paragraph.
Email Change Of Address Policy
It is the sole responsibility of the Entrant to notify the Sponsor if his or her email address changes. Failure to maintain a valid email address on file with Dell Sports may disqualify any individual from winning the contest and/or receiving any prizes.
Disclaimer
Dell Sports Inc., and this Web site, are in no way connected with, affiliated with or endorsed by Dell Computers, Dell Publishing, the NCAA, or any of its affiliated teams, players, or players union. All references to any basketball name or term is purely nominative and not intended to imply any connection, affiliation, or endorsement.
Sweepstakes Name: "7-11 Bracket Challenge” (the “Sweepstakes”) (revised 3/9/12)
Radio Station(s): KDNN, KHJZ & KUCD (the “Stations”)
Clear Channel Broadcasting, Inc., its parent, subsidiaries and affiliated companies (together, the “Company”), will conduct the Sweepstakes substantially as described in these rules, and by participating, each participant agree as follows:
1. Description of Sweepstakes/Participation.
NO PURCHASE NECESSARY. PURCHASE DOES NOT INCREASE ODDS OF WINNING. VOID WHERE PROHIBITED. OPEN ONLY TO HAWAII RESIDENTS.
Dates of Bracket Challenge:
Sweepstakes begins at 12:01 a.m. Hawaii Time 3/12/12 and ends 11:59 p.m. Hawaii Time, 4/2/12 (“Promotion Period”).
How to Enter:
Register by completing an official bracket available online though the 7-11 Bracket Challenge link on each of the following websites: www.island985.com, www.star1019.com & www.939jamz.com . Each bracket must be fully filled out for the entry to be valid. One entry per person, per household.
2. Prizes/Odds. No Cash prizes will be awarded in this sweepstakes.
Grand Prize is a Black16GB iPad2 will be awarded to the player who has the best overall record
Beats By Dr. Dre - Monster High-Definition Over-the-Ear Noise-Canceling Headphones and will be awarded to the player with the best score after the semi-final round
A $100 7-11 Gift Card to 7-11 and will be awarded to the player with the best score after the First Round
A $100 7-11 Gift Card to 7-11 and will be awarded to the player with the best score after the Second Round
A $100 7-11 Gift Card to 7-11 and will be awarded to the player with the best score after the Third Round
A $100 7-11 Gift Card to 7-11 and will be awarded to the player with the best score after the Quarterfinal Round
One of 100 entries to win a brand new 2012 Chevy Cruise to be awarded to 100 randomly selected participants.
Odds of winning a prize depend upon number of entries received.
In the event of a tie for rounds one through four and the semifinal round, each of those contestants’ names will be put into a random drawing where one winner will be chosen for that rounds prize.
Please refer to the Dell Sports rules for the overall winner tie-breaker system.
Prizes are not transferable, redeemable for cash or exchangeable for any other prize. If a winner cannot be contacted or is disqualified, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
3. Eligibility and Limitations. Participants and winner(s) must be legal residents of Hawaii and if the participant is under the age of 18, a parent or guardian will need to accompany them in order to pick up the prize. Only one (1) prize per household from any of the Company’s stations within any thirty (30) day period. Employees and directors of 7-11, Clear Channel Radio, Coca Cola and any of their respective parents, subsidiaries, and affiliated companies, advertising, promotion, or production agencies (and their respective IRS dependents, immediate family members [spouse, children, siblings, parents] and individuals residing in their same household) are not eligible to participate. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
4. Delivery Disclaimer. For all contests and sweepstakes the Company disclaims all liability for any delays, miss-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest.
5. Publicity; Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of this and other contests and/or sweepstakes and waive any claims to royalty, right, or remuneration for such use. By participating in the Sweepstakes, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Sweepstakes to third parties and use such information for marketing and other purposes.
6. Release. By participating in the Sweepstakes, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Sweepstakes’ sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Sweepstakes, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.
7. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
8. Conduct and Decisions. By participating in the Sweepstakes, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Sweepstakes, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Sweepstakes and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Sweepstakes is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Sweepstakes, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. ANY ATTEMPT BY A CONTESTANT AND/OR PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW AND SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Miscellaneous. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Sweepstakes at any time as announced on the Station(s). The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Sweepstakes. For the name of the winners or to enter without purchase, write your name and complete address on a 3”x5” card and mail in a first-class stamped envelope to: Bracket Challenge c/o Island 98.5 Radio or Star 1019 radio or 939 Jamz Radio, 650 Iwilei Road, Honolulu, HI 96817 for receipt by 5/15/12. Any entries mailed in become the sole property of the radio station and will not be returned.
“Apple, Dre Beats & Monster Headphones are not a participant in or sponsor of this promotion.”
10. Compliance with Law. The conduct of the Sweepstakes is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. Station(s) shall follow the applicable laws for conducting contests or sweepstakes, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Sweepstakes, etc. as required by local and state law.
Seven Eleven Cutter Chevy Bracket Challenge
MONEY BAG PROMOTION
Pick 1 of 100
General Contest Rules
1. No purchase necessary to play. Open to all residents of Oahu, Hawaii who are 18 years of age or older on the date of entry, with a valid Driver’s License, and excluding employees (including their family and household members) of the Promotion Sponsor and any promotional companies involved in this Promotion. By participating, you agree to these Official Rules and to all decisions of Sponsor, which are final and binding in all respects.
2. Seven-Eleven Hawaii and Cutter Chevrolet are the sponsors of the Money Bag Promotion. The Promotion begins on March 12th and ends on April 4th Sponsor reserves the right to modify or terminate the Promotion at any time.
3. Contestant Selection: Participants can enter-to-win at http://bit.ly/hawaiibracket. There is no alternate way to enter this contest. No purchase necessary.
4. How to Play: One (1) randomly selected contestant will have the opportunity to select ONE (1) out of ONE-HUNDRED (100) sealed envelopes. One (1) of the 100 envelopes will contain a Grand Prize winning message YOU’VE WON A 2012 Chevrolet Cruze and ninety-nine (99) envelopes will contain a consolation prize. The Consolation message will read THANK YOU FOR PLAYING THE CUTTER CHEVROLET MONEY BAG PROMOTION. If the contestant selects the envelope containing the Grand Prize winning message, the contestant will win the Grand Prize. If the contestant selects an envelope containing a consolation prize message, he/she will win a consolation prize. Only one envelope out of the set of 100 may be opened. If more than one envelope is opened, the promotion is void and Cutter Chevrolet is not liable for any prize reimbursement. Envelopes that are mutilated, altered, copied, hand printed, forged, water damaged, or tampered with in any way, or which contain any printing or typographical errors, will be considered null and void and will not be eligible for prize redemption.
5. Prizes Available: One (1) Grand Prize of $22,000.00. Odds of winning: 1 in 100. If the grand prize is not won, it will not be awarded. All taxes are the sole responsibility of the winner(s). Prizes are not transferable. The grand prize winner (if any) will be required to sign an affidavit form including release of liability to Sponsor and allowing Sponsor to use the winners name and likeness for advertising purposes without additional compensation to the promotion winner and a Federal Tax form - 1099 Misc. In the event winner fails to timely return documents, or prize is returned as non-deliverable, or if potential winner is found not to be eligible or not in compliance with these Official Rules, disqualification may result. No alternate winner will be selected.
Each participant, as a condition of participating, releases and agrees to indemnify and hold harmless Sponsor, the prize provider, their respective parents, affiliates, subsidiaries, related companies, advertising and promotion agencies and all of their respective directors, officers, employees, representatives, agents, successors and assigns from any and all liability for any injuries, loss or damage of any kind to person(s), including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize or participation in any Promotion related activity, or participation in this Promotion. The winner shall bear all risk of loss or damage to his/her prize after it has been delivered.
Sponsor reserves the right, at its sole discretion, to disqualify any individual from the Promotion that it finds, in its sole discretion, to be tampering with the entry process, or the operation of the Promotion, to be acting, or be, in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or interfere in any manner with any aspect or portion of this Promotion. Any use of robotic, automatic, macro, programmed, copied, or like entry methods, will void all such entries by any such methods, and will disqualify any participant using such methods.
6. LIMITATIONS OF LIABILITY:
a) Any attempted participation by means other than those permitted by these Rules, is void. Sponsors and any participating promotion agencies or prize providers will not be responsible for lost, late, incomplete, stolen, misdirected, illegible or postage-due entries; or any technical error or failure, or unauthorized human intervention, or for the inaccurate capture of entry or other information, or the failure to capture any such information. Sponsors are not responsible for contacting any participant if that participant has changed contact information and failed to provide Sponsors with the proper contact information when such information is required.
b) Neither Sponsor nor any participating promotion agencies or prize providers are responsible for any incorrect or inaccurate information or for any faulty or failed electronic data transmissions, lost, late, damaged, misdirected entries, incomplete or inaccurate capture of entry information (regardless of cause). If, for any reason, the Promotion is not capable of running as planned for any reason which Sponsor, in its sole opinion, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right to terminate, modify or suspend this Promotion, in whole or in part, and if possible, to select the Contestants from entries received prior to the action taken or as otherwise may be deemed fair and appropriate by Sponsor. Sponsor reserves the right at its sole discretion to disqualify any individual found to be tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Promotion.
IN NO EVENT WILL SPONSOR, ANY PARTICIPATING PROMOTIONAL COMPANIES OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
7. MISCELLANEOUS: This Promotion is subject only to the laws of the State of Hawaii in the United States. Prizes will be awarded and/or delivered only to addresses within the United States. Unclaimed prizes will not be awarded. Additionally, Sponsor reserves the right to prosecute any fraudulent activities to the full extent of the law. Failure to comply with these Official Rules may result in disqualification. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
8. ARBITRATION/CHOICE OF LAW: Except where prohibited, participants in the Promotion agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the administration of the Promotion or the determination of winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration, to take place in the State of Hawaii, U.S.A. pursuant to the Rules of the American Arbitration Association, then effective, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (3) under no circumstances will a participant be permitted to obtain awards for and participants hereby waive all rights to claim 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. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Hawaii, without regard to conflicts of law doctrine.
9. All local, state, and federal taxes are of sole responsibility of the winner(s). In the event the grand prize is awarded, the winner will be required to complete a winner’s affidavit and release form and a Federal Tax form - 1099 Misc.
