2023 KING'S HAWAIIAN® Aloha All Summer Sweepstakes
Official Rules
Important: Please read these Official Rules before participating. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and Entrants represent that they satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED.
- SWEEPSTAKES DESCRIPTION:The 2023 KING'S HAWAIIAN Aloha All Summer Sweepstakes (the "Sweepstakes") begins on Monday, May 15, 2023 at 12:00:00 am Eastern Time ("ET") and ends on Monday, July 31, 2023 at 11:59:59 am ET ("Sweepstakes Period"). The sponsor of this Sweepstakes is KING'S HAWAIIAN Bakery West, Inc., 19161 Harborgate Way, Torrance, CA 90501("Sponsor"). The administrator of this Sweepstakes is The Wilson Group, 10555 Newkirk Street, Suite 500, Dallas, TX 75220 ("Administrator").
- ELIGIBILITY: Sweepstakes is open only to legal U.S. residents residing in the Continental United States and the District of Columbia who are at least twenty-one (21) years of age at time of entry and who meet all other requirements in these Official Rules (each an "Entrant"). Employees, officers, directors, representatives, contractors and agents of Sponsor, Administrator, Kona Brewing Co. (collectively, “Sweepstakes Entities”) and their respective owners, parents, subsidiaries, retailers, affiliates, advertising and promotion agencies, and any companies involved in the implementation and execution of the Sweepstakes and employees, officers and directors of wholesalers, suppliers, distributors and retailers of alcoholic beverage licensees and each of their Immediate Family Members and Household Members are not eligible to enter or win. For purposes of the Sweepstakes, "Household Members" shall mean those people who share the same residence at least three months a year, whether or not related; "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Sweepstakes is void in Hawaii and where restricted or prohibited by law.
- HOW TO ENTER:To earn entries and participate in the Sweepstakes, Entrants must first sign up for a free Sweepstakes account ("Sweepstakes Account") during the Sweepstakes Period. This can be done by following the onscreen instructions at www.SayAlohaSummerSweeps.com (the “Website”). Instructions for sign-up are stated below. In addition to signing up for a Sweepstakes Account, there are three (3) additional ways to earn entries in the Sweepstakes during the Sweepstakes Period.
1.) Sweepstakes Account Sign Up: Visit the Website and follow the onscreen instructions to sign up for a Sweepstakes Account to participate in the Sweepstakes. Limit one (1) Sweepstakes Account per person. Signing up for a Sweepstakes Account requires submission of an Entrant’s email address. Each Entrant is limited to a single Sweepstakes Account using one (1) email address. Creating multiple Sweepstakes Accounts using different email addresses will void all Sweepstakes Accounts of that person and all entries by that person. Signing up is free. Data rates may apply if accessing the Website via a mobile device.
2.) Games & Activities: After you've signed up for a Sweepstakes Account, follow the onscreen instructions to play games and participate in the activities of creating an avatar, customizing your island and engaging with recipes (all as described in further detail on the Website), to earn puzzle pieces. For each puzzle piece earned, you will also gain one (1) entry into the Sweepstakes. A maximum of six (6) puzzle pieces can be collected throughout the Sweepstakes Period. Entrants can continue to earn additional entries into the Sweepstakes by continuing to play games and engaging with recipes. During the games and activities, Entrants may, once daily, click on the “Click Here to See If You’ve Won” button to see if they have won an Instant Win prize of (i) Free King’s Hawaiian product up to $6.00 or (ii) an Instant Win Swag Prize. All free product Instant Win prizes will be awarded as a $6.00 reward via PayPal or Venmo (whichever Entrant chooses). If Entrants are alerted that they have won an Instant Prize, they should follow the onscreen directions to claim the prize
3.) Complete the Puzzle: Once you collect all six (6) puzzle pieces and complete the puzzle, you’ll automatically earn one hundred (100) additional entries into the Sweepstakes.
4.) Find the "Hidden Feature": After you've signed up for a Sweepstakes Account, find the hidden "Hidden Feature” on the Website to earn 50 additional entries, only once, by clicking on this random object.
LIMIT OF FIVE HUNDRED (500) SWEEPSTAKES ENTRIES CAN BE EARNED PER PERSON/SWEEPSTAKES ACCOUNT.
Instant Win Participation: Daily, Entrants will also have the chance to randomly win an Instant Win Prize (as described in Section 6 “Prizes” below) by clicking on the “Click Here To See If You’ve Won” button on the Website. You will be notified onscreen if you have won an Instant Win Prize, subject to verification.
Entrants must fully and accurately complete the registration process for a Sweepstakes Account to participate. All entries must be received with the Sweepstakes Period. The Entrant must be the authorized account holder of the registered Sweepstakes Account. In the event of a dispute over the identity of an Entrant or potential winner in the Sweepstakes, the Entrant or potential winner will be deemed the authorized account holder of the email address associated with the Sweepstakes Account. "Authorized Account Holder" is defined as the natural person in whose name the e-mail account was opened, as long as such person is otherwise eligible in accordance with these Official Rules. In the event a dispute regarding the identity of an Entrant or potential winner cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Entries will not be acknowledged except as provided herein.
Entries/Sweepstakes Accounts in excess of the per person limit may result in disqualification of the Entrant. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, registrations, logins, and/or any other methods will void such Entrant's entries and that Entrant may be disqualified from the Sweepstakes. Entries generated by a macro, script or other automated means will be disqualified. Each Entrant must be the rightful owner (or have authorized use) of the email address used for entry. All entries become the sole property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules.
- WINNER SELECTION AND NOTIFICATION:On or about August 8, 2023 (a "Drawing Date"), the potential winners of the prizes available for the Sweepstakes will be selected in a random drawing conducted by the Administrator from among all eligible entries received during the Sweepstakes Period.
Grand, First, Second, Third and Fourth Prize Winners: Within approximately three (3) business days after the Drawing Date, each potential winner will be notified at the email address associated with their Sweepstakes Account. Each potential winner will be required to respond (as directed) to the notification within two (2) business days (or a shorter time if required by exigencies) of attempted notification. Potential Grand, First and Second Prize winners will be provided with a prize acceptance form, which will include an Affidavit of Eligibility, Release of Liability, and, unless prohibited by law, a Publicity Release (the "Prize Acceptance Form") to confirm their eligibility. The Prize Acceptance Form must be signed and notarized and returned, as directed by the Sweepstakes Entity, within five (5) business days of receipt or the prize will be forfeited. If the potential winner publicly shares or publishes his or her Prize Acceptance Form, such potential winner may be disqualified, at the discretion of the Sweepstakes Entities. Third and Fourth prize winners will not be sent or be required to return a Prize Acceptance Form but must respond to the initial notification to confirm eligibility and addressing within two (2) business days (or a shorter time if required by exigencies) of attempted notification. Grand, First, Second Third and Fourth Prizes will be fulfilled within approximately six to eight (6-8) weeks from Prize Acceptance Form completion and/or confirmation of eligibility.
If an email address is invalid or if a potential winner fails to respond as directed, the prize may be forfeited. If a potential winner forfeits, is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner will be selected at random in accordance with the aforementioned procedures. The Sweepstakes Entities will attempt to contact up to two (2) potential winners of each prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a prize is awarded but goes unclaimed, such prize may not be re-awarded, at the sole discretion of the Sweepstakes Entities.
Instant Win Prizes: Instant Win Prizes will be randomly selected throughout the Sweepstakes Period by Administrator’s time-based prize award algorithm (a “Instant Win Prize”), based on the time the Entrant clicks on the Instant Win button to earn a chance to win an Instant Win Prize (section 3 above). Instant Product Prizes will be fulfilled digitally to a Venmo or PayPal account that the Entrant chooses within 24 hours of the Instant winner claiming the Instant Product Prize. On or about five (5) business days after each Instant Swag Prize Winner receives the onscreen winning message, each Instant Swag Prize Winner will be notified at the email address associated with their Sweepstakes Account. Each Instant Swag Prize potential winner will be required to respond (as directed) to the notification within five (5) business days (or a shorter time if required by exigencies) of attempted notification to confirm eligibility and addressing. Instant Swag Prize Winners will be fulfilled within approximately six to eight (6-8) weeks from confirmation of eligibility. If an email address is invalid or if a potential Instant winner fails to respond as directed, the prize may be forfeited. If a potential winner forfeits, is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential winner will be disqualified and NO alternate potential Instant Prize winner will be selected or awarded. If there are any unawarded/unclaimed Instant Win Prizes at the end of the Sweepstakes, the Sponsor in its sole discretion, may choose to award the Instant Win Prizes in a randomized Second Chance Drawing from all non-winning eligible entries received during the Sweepstakes Period. Odds of winning the Second Chance Drawing depend on the number of remaining Instant Win Prizes (if any) and the number of eligible entries.
Sweepstakes Entities reserve the right to disqualify anyone not fully complying with the Official Rules. Winners are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the prize they receive. Other restrictions may apply.
- ODDS OF WINNING:Odds of winning a Sweepstakes prize depend on the number of eligible entries received as of the end of the Sweepstakes Period. Odds of winning an Instant Win Prize depend on the number of estimated entries and time of Instant Win Entry.
- PRIZES: There are fifteen (15) prizes selected by a random drawing (“Sweepstakes Prizes”) available and one-thousand one hundred (1,100) Instant Win Prizes randomly selected throughout the Sweepstakes Period by Administrator’s time-based prize award algorithm, as described below.
Grand Prize: There is one (1) Grand Prize available. The Grand Prize consists of a monetary award in the amount of $20,000 to cover the expense of a trip to Hawaii for the winner and up to (3) guests, including a Culinary Experience. The monetary award will be delivered by means of a check made out to the Grand Prize winner in the amount of $20,000, which amount is intended to be used for a trip for 4 to Hawaii. Winner will be responsible for booking of trip and all trip expenses. If winner books a trip that is valued at more than $20,000, winner will be solely responsible for all costs over $20,000. Approximate Retail Value ("ARV"): $20,000.
First Prize (2 total): There are two (2) First Prizes available. Each First Prize consists of a $2,500 general use gift card with an ARV of $2,500 each. Total ARV of all First Prizes: $5,000.
Second Prize (3 total): There are three (3) Second Prizes available. Each Second Prize consists of $1,000 general use gift card with an ARV of $1,000 each. Total ARV of all Second Prizes: $3,000.
Third Prize (4 total): There are four (4) Third Prizes available. Each Third Prize consists of a $500 general use gift card with an ARV of $500 each. Total ARV of all Third Prizes: $2,000.
Fourth Prize (5 total): There are five (5) Fourth Prizes available. Each Fourth Prize consists of a $25 general use gift card with an ARV of $25 each. Total ARV of all Fourth Prizes: $125.
General Use Gift Cards are subject to the terms and conditions of the card issuer.
INSTANT WIN PRIZES
Instant Win Swag Prize (750 total): There are seven hundred and fifty (750) Instant Win Swag Prizes available. Each Instant Win Swag Prize consists of King’s Hawaiian and Kona Brewing Co. branded swag, as selected by Sponsor with an ARV of $60 each. Total ARV of all Instant Win Swag Prizes: $45,000.
Instant Win up to $6.00 off King’s Hawaiian Product Prize (350 total): There are three hundred and fifty (350) Instant Win up to $6.00 off King’s Hawaiian Product Prizes available. Each Instant Win up to $6.00 off King’s Hawaiian Product Prize consists of a coupon for one (1) free King’s Hawaiian participating product up to $6.00. Prize will be awarded. Total ARV of all Instant Win Free Product Prizes up to $6.00 off Prizes: $2,100.
UNCLAIMED/UNREDEEMED INSTANT WIN PRIZES MAY NOT BE AWARDED
CUMULATIVE ARV OF ALL PRIZES: $77,225
Prizes/offers are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Winners are responsible for all taxes on the prize.
General Prize Provisions: Limit one (1) Sweepstakes Prize and one (1) Instant Win Prize per person, during the entire Sweepstakes Period. Winner cannot assign or transfer the prize claim to another person. No cash alternatives or prize substitution is allowed except at the discretion of Sweepstakes Entities. If a prize cannot be awarded due to circumstances beyond the control of the Sweepstakes Entities, a substitute prize of equal or greater retail value may be awarded. The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. If the actual value of a prize is less than the ARV stated herein, the winner will not be entitled to a check, cash or other form of payment for the price difference. Other restrictions may apply. Any depictions of prizes are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. An Internal Revenue Service Form 1099 will be issued and filed for the actual value of the prizes received for each recipient who receives a prize/award if the annual aggregate amount of the prizes received is at least Six Hundred Dollars ($600.00) or more. Such recipients must submit their social security number as required by law. Except for applicable manufacturer's standard warranties, the prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
- DISCLAIMER: Sweepstakes Entities and each of their respective parent companies, subsidiaries, franchisees, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the "Released Parties") will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties' reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing, programming or typographical errors in any materials associated with the Sweepstakes.
- LIMITATIONS OF LIABILITY AND RELEASES:By participating in the Sweepstakes, each Entrant release Sweepstakes Entities and all Released Parties from any and all liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Sweepstakes or delivery, mis-delivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. EACH ENTRANT AGREES TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY THE ENTRANT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY WEBSITE, ONLINE MECHANISM AND/OR PERSONAL PROPERTY PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO PARTICIPATION IN THE SWEEPSTAKES OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE SWEEPSTAKES OR ANY PRIZE EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS BOUGHT OR RENTED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES' GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
- USE OF WINNER'S NAME AND LIKENESS: To the fullest extent permitted by applicable law, participation into the Sweepstakes constitutes Entrant's permission to use Entrant's name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, a winner may be required to execute a consent to the use of their name, hometown, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By participating in the Sweepstakes, Entrant consents to being contacted by Sponsor for any purpose in connection with this Sweepstakes.
- DISPUTES:These Official Rules are governed by the laws of the State of California, U.S.A., without regard to California conflict of law provisions. By participating in the Sweepstakes, each Entrant irrevocably agrees that all disputes arising out of or relating to the Sweepstakes shall be resolved by final and binding arbitration administered by JAMS in accordance with its arbitration rules and procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. All proceedings brought pursuant to this Section 10 will be conducted in the County of Los Angeles, State of California. The remedy for any claim shall be limited to actual damages and in no event shall any party be entitled to seek to rescind these Official Rules. Any demand for arbitration against Sponsor or other Released Parties must be commenced within two year(s) after the claim arose. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if Entrant cannot afford to pay for the arbitration Entrant agrees to provide Sponsor the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. Judgment on an arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Sponsor may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
- GENERAL CONDITIONS:Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Sweepstakes or any Entrant's participation in the Sweepstakes should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor's reasonable control affect the administration, security or proper participation in the Sweepstakes, or Sponsor otherwise becomes (in its sole discretion) incapable of running the Sweepstakes as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Sweepstakes, tamper with the operation of the Sweepstakes or engage in any conduct that is detrimental or unfair to Sponsor, the Sweepstakes or any other Entrant (as determined in Sponsor's sole discretion) are subject to disqualification, in which case, the Entrant's Sweepstakes Account privileges may be revoked. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to participate in the Sweepstakes. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor's failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms "include" or "including" in these Official Rules is illustrative and not limiting.
- PRIVACY:The information provided by Entrants will only be used as provided in Sponsor's privacy policy or these Official Rules. See Sponsor's privacy policy at https://kingshawaiian.com/privacy-policy ("Privacy Policy") for details regarding use of the personal information collected in connection with this Sweepstakes.In the event of any conflict between these Official Rules and such privacy policy, these Official Rules shall control. By participating, Entrant grants Sponsor permission to share Entrant's email address and any other personally identifiable information with the corresponding Administrator solely for the purpose of Sweepstakes administration and fulfillment.
- WINNERS LIST:For a copy of the winner's list, visit www.SayAlohaSummerSweeps.com after October 1, 2023. Winners list will be available until November 30, 2023.
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