Sweepstakes Terms & Conditions
“Win the Ultimate Photography Trip to Hawaii with Zak Noyle” Sweepstakes
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE ODDS OF WINNING.
The “Win the Ultimate Photography Trip to Hawaii with Zak Noyle” Sweepstakes (the “Sweepstakes”) begins at 12:00 A.M. Pacific Time on June 29, 2019 and ends at 11:59 P.M. Pacific Time on July 13, 2019 (the “Sweepstakes Period”). The time shall be determined by the timekeeping systems of Burleigh Point, Ltd. (“Sponsor”), and Sponsor may also rely on the time processing functions of third parties. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction relating to the Sweepstakes.
Participation in the Sweepstakes constitutes entrant’s full and unconditional acceptance of these Official Rules. The Sweepstakes is solely open to legal residents of the 50 United States (including the District of Columbia) and Puerto Rico, who are 18 years of age or older as of date of entry, who are available to travel to and from as well as attend the Event (as defined below in Section 6) from September 6, 2019 through September 9, 2019. If the prize winner is unable to travel or attend the Event, the prize will be forfeited, and Sponsor may select an alternate winner via random drawing from among the remaining eligible entries or such alternate method as determined by Sponsor, in its sole discretion. Employees, agents, directors, managers or officers of Sponsor or any of its direct or indirect parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies or prize suppliers, including, without limitation, vendors providing services in connection with the Sweepstakes (all of the foregoing, collectively with Sponsor, the “Sweepstakes Entities”), and members of the immediate family (including, without limitation, any spouse, partner, parent, grandparent, sibling, child or grandchild, in each case, whether related by blood, adoption, marriage, civil partnership or cohabitation) of, and those living in the same household as, any such employee, agent, director, manager or officer, are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws.
How To Enter
Winner Selection/Odds of Winning
The winner of the Sweepstakes will be selected in a random drawing conducted by Sponsor or its designee, on or about July 15, 2019 based on eligible entries submitted during the Sweepstakes Period. The winner’s name may be posted on the Sponsor’s website. Odds of winning a prize is dependent upon the number of eligible entries received during the Sweepstakes Period.
The potential winner will be notified by email from Sponsor or its designee on or about July 15, 2019. The potential winner must respond to the notification message and provide all requested information on or prior to 12:00 P.M. PST, July 17, 2019 or the potential prizes may be forfeited. To claim any prize, Sponsor may require the winner of the Sweepstakes to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents before claiming any prize and/or prior to entrance to the Event. All required documents must be completed and returned to Sponsor or its designee prior to the receipt of the prizes. The winner will be required to produce a picture identification card or some other form of proper identification to claim any prize and/or for entrance into the Event. Sponsor reserves the right to substitute any prize with a prize of equal or greater value. If the potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, Sponsor may select an alternate winner via random drawing from among the remaining eligible entries or such alternate method as determined by Sponsor, in its sole discretion. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
Prizes and Approximate Retail Values
There will be one (1) winner of the Sweepstakes. The winner will receive A) a trip to Hawaii aboard Hawaiian Airlines (120,000 HawaiianMiles – enough for a roundtrip between North America and Hawaii) (“Prize Trip”)(AVR US$3,552); B) three (3) nights of standard room accommodations at the Waikiki Beachcomber by Outrigger with check-in on September 6, 2019 and check-out on September 9, 2019 (“Prize Trip Accommodations”)(AVR US$700); C) entrance for one (1) to the Aquatography Workshop by Zak Noyle on Waikiki Beach on September 8, 2019 (the “Event”)(AVR $0.00); D) one (1) RVCA Zak Noyle Signature Collection camera bag (AVR US$125); and E) one (1) Apple Watch Series 4 (AVR US$399). The average retail value (AVR) is approximately US$4,961. All prizes are “AS IS” without any warranty of any kind, express or implied. No substitution, exchange or transfer of prizes will be made or is permitted, except in Sponsor’s sole discretion.
Winner must depart from a U.S. airport that services Hawaiian Airlines. Winner must book his/her own travel using airline miles provided to winner by Hawaiian Airlines. Sponsor will provide/mail a HawaiianMiles prize certification with instructions for winner to redeem the miles directly into their HawaiianMiles account. Winner must follow the instructions on how to redeem the HawaiianMiles in his/her Hawaiian Airlines HawaiianMiles account with within three (3) months of received the prize certification. Winner must establish a free Hawaiian Airlines HawaiianMiles account if he/she does not have such an account. HawaiianMiles accounts are free to open, and the account and use of the HawaiianMiles are subject to the program’s terms and conditions located at HawaiianAirlines.com/legal/hawaiianmiles-terms-and-conditions. HawaiianMiles can be redeemed by the winner immediately after winner opens a HawaiianMiles account and follows the instructions on the prize certificate. HawaiianMiles will expire pursuant to the program’s terms and conditions and will expire within eighteen (18) months if there is no activity. Winner’s travel arrangements to and from the airports is not part of the prizes and is the sole responsibility of winner. This includes all travel to and from airports that service Hawaiian Airlines.
Flights are subject to the fare rules and the Domestic Contract of Carriage of Hawaiian Airlines. Flights are available on the regular scheduled services of Hawaiian Airlines and are subject to seasonal embargos and availability at the time of booking. The Sweepstakes Entities are not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. The winner is responsible for the payment of any applicable airline baggage fees or other fees, taxes and surcharges. The winner will not be entitled to accrue HawaiianMiles or any other frequent flyer points on the travel or accommodation. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances.
Winner is responsible for obtaining all necessary travel documentation (e.g., ID card, passport, etc.) required to participate in the Prize Trip. In the event that the winner is unable to travel during the stipulated period, then they forfeit the entire prize package with no further compensation or further liability of Sweepstakes Entities.
The Prize Trip Accommodations are for check-in/check-out September 6, 2019 through September 9, 2019. Winner’s travel arrangements to and from the airport to the Waikiki Beachcomber by Outrigger is not part of the prize and is the sole responsibility of the winner.
The ARV for the Prize Trip may vary depending upon points of departure and destination and fare fluctuations. Sponsor reserves the right to structure travel routes and select hotels in its sole discretion. The ARV for travel prizes is an estimate made before the Sweepstakes begins. The winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules
Unless otherwise specified, all expenses are the responsibility of the winner including but not limited to meals, spending money, transport to and from departure and arrival points, drinks, incidentals, mini-bar, laundry, room service, telephone calls, activities, gratuities, services charges, travel insurance, passports, activities or excursions and all other ancillary costs. A credit card imprint or cash deposit may be required from the winner at time of accommodation check-in to cover incidental charges.
Winner will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested), which must be returned along with valid proof of age or the prize may be forfeited.
Decisions of Sponsor on all matters relating to the Sweepstakes are final and binding. All federal, state and local taxes related to the prizes are the sole responsibility of the winner. Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. The Sweepstakes Entities are not responsible for, including but not limited to, technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes, violates the Official Rules, or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES, INCLUDING, BUT NOT LIMITED TO, ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel or modify the Sweepstakes and to disqualify any entrant for any reason, in its sole discretion, including (but not limited to) if, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. If such cancelation occurs, Sponsor reserves the right to select the winner from among all eligible entries. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By entering the Sweepstakes, you agree to release, discharge and hold harmless Sponsor, each other Sweepstakes Entity, and their respective directors, officers, shareholders, partners, members, managers, employees, agents, representatives, successors and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in the Sweepstakes or any Sweepstakes-related activities (including, without limitation, events, travel, etc.) and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any non-compliance by you with these Official Rules, acceptance, possession, misuse or use of any prize, malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information, or any typographical or other error in the printing, offering or announcement of any winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Sweepstakes.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of 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.
To obtain the winner’s name, send a self-addressed, stamped envelope to: “Win the Ultimate Photography Trip to Hawaii with Zak Noyle” Sweepstakes, c/o Burleigh Point, Ltd., 5600 Argosy Circle, #100, Huntington Beach, CA 92649, with a written request by October 31, 2019.
Third Party Platforms
The Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook or Instagram (collectively, the “Social Network”). By participating, you release the Social Network and its respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize.