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HAWAIIAN GETAWAY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE/PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE/PAYMENT WILL NOT IMPROVE ONE'S CHANCES OF WINNING.
1. SPONSOR: Disney Online, 500 S. Buena Vista Street, Burbank, CA 91521.
2. ADMINISTRATOR: Ventura Associates, Inc., 1040 Sixth Avenue, New York, NY 10018, an independent judging organization whose decisions are final and binding with respect to the sweepstakes ("Sweepstakes").
3. ENTRY: During the period beginning at 12:01 A.M., May 1, 2011 and ending at 11:59:59 P.M., June 30, 2011 ("Entry Period"), you may enter this Sweepstakes via the Internet as a registered member ("Member") of Disney Family.com ("Website") by logging in by providing your Member Name and Password and clicking on the "submit" button ("Entry"). For purposes of these Official Rules ("Rules"), all times are Pacific Time and "Day" shall mean each day during the Entry Period. If you are not a Member, you may become a Member for free by visiting the Website and registering by providing the requested information on the Registration Form through the link on the site: "Not registered?" Upon becoming a Member by registration, you may enter the Sweepstakes by following the above instructions. Normal Internet access and usage charges imposed by your on-line service will apply. It is your sole responsibility to notify the Administrator if you change your email address ("Address"). To do so, go to http://register.go.com/go/memberservices/home, log into your Website account with your Member Name and Password, click on "Modify" and follow the instructions on how to change your Address.
4. LIMITATIONS: All Entries must be received by 11:59:59 P.M., June 30, 2011. Entries are limited to one (1) Entry per person/Address per Day, which is a maximum of 61 Entries allowed during the Entry Period (regardless of whether one person has more than one Address or more than one person use the same Address). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 3 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Open only to persons who, as of the date of Entry, are legal residents of, and physically located within, the 50 U.S. or D.C (collectively, "Territory"), and are not minors (as defined by state of primary residence, "Minor") and not employees of Sponsor or Administrator; their respective parent, subsidiary or affiliated companies; or the advertising, promotional or fulfillment agencies of any of them (individually and collectively, "Entities"); nor members of their households or immediate families (defined as parent, spouse, siblings and the spouses of each). Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server, Internet Service Provider, Website or other connections; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software malfunctions, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to use multiple email accounts to register more than the one (1) Entry per person/Address per Day may result in disqualification at Administrator's sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
5. PRIZE: ONE (1) GRAND PRIZE: A five (5) day / four (4) night trip for winner and three (3) guests ("Group") to Honolulu, HI, on Sponsor-selected dates during 2012 ("Trip"), consisting of the following elements for the Group: [a] hotel accommodations at the Aulani, A Disney Resort and Spa in Ko Olina Hawai'i (one standard room/quad occupancy, including room tax) for four (4) nights; [b] mid-sized rental vehicle with unlimited mileage for the duration of the Trip (primary renter must be 25 years or older, in possession of a major credit card and valid driver's license in the same name and agree to all the terms and conditions required by car rental agency); [c] $500 spending money for the winner; [d] if winner's residence is located other than on the Island of O'ahu, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near winner's residence ("airport of origin") and the Honolulu International Airport and [e] airport/hotel transfers. Approximate retail value ("ARV"): $6,560), which will vary depending upon point of departure and seasonal fluctuation of hotel rates and airfares. All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including but not limited to: round trip transportation between the winner's residence and any airport of origin, round-trip transportation between winner's residence and the hotel if winner resides on the Island of O'ahu, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor's approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip on Sponsor-selected dates during 2012, or Trip will be forfeited in its entirety. Travel must be made through Sponsor's agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Releasees are not responsible for airline cancellations or delays. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Any depiction of prize is for illustrative purposes only. Prize is not redeemable for cash or transferable, except it is transferable to a surviving spouse residing in the same household. No substitution allowed except, at Administrator's sole discretion, a prize of equal or greater value may be substituted. Administrator will not replace any lost, mutilated or stolen tickets, travel vouchers, certificates or prize. Prize elements may not be separated. Airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code share flights may be used. Prize cannot be used in conjunction with any other promotion or offer. The prize will be awarded provided it is validly claimed by August 31, 2011, after which no alternate winner will be selected, nor unclaimed prize awarded.
6. PROCEDURES: All Entries must be received during the Entry Period. On or about July 7, 2011, in a random drawing conducted by the Administrator, potential winner will be selected from all eligible Entries received. The decisions of the Administrator shall be final and binding. Odds of winning depend on the total number of eligible Entries received.
7. WINNER: Potential winner will be notified on or about July 8, 2011, by email to obtain their mailing addresses as well as any additional required information or responses. Once mailing address is available, potential winner will be sent paperwork by overnight delivery service. At the sole discretion of the Administrator, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within two (2) business days after transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of the prize as undeliverable; [4] potential winner's failure to provide Administrator with satisfactory proof of age, identity and residency; [5] potential winner's failure to provide required additional information upon Administrator's request; [6] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) business days after its mailing; [7] potential winner's failure to be available to make the Trip on Sponsor-selected dates during 2012; [8][9] any other non-compliance with Rules. In the event of any prize forfeiture, the Administrator may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of winner, who will receive an IRS Form 1099 reflecting the value of his/her prize. The Group must travel together on the same itinerary and members of the Group are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D, etc.) before departure. All members of the Group will be required to execute a Release of Liability prior to ticketing. Anyone in the Group who is a Minor must be accompanied by a parent/legal guardian ("Parent") at all times during the Trip (including, but not limited to, in-flight, hotel stay, and all prize-related events); and the Parent, who must be one member of the Group, must sign and return all required documentation.
8. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Sweepstakes is subject to Sponsor's privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html ("Privacy Policy").
9. CONDITIONS: By entering this Sweepstakes and/or accepting any prize you may win, you agree that: [1] you have all rights, permissions and consents necessary to grant the rights to Sponsor/Administrator as expressed herein; [2] you will abide by and be bound by the Rules, the Administrator's decisions and the Privacy Policy; [3] the Entry becomes solely the Sponsor's property and will not be returned; [4] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [5] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or prize [6] winner's acceptance of prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [7] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Administrator's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Administrator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winner by such method as Administrator in its sole discretion shall consider equitable and in the event the Trip has already commenced, to terminate the Trip and return the Group to any airport of origin as soon as reasonably possible; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules and selection and announcement of the winner; [9] any portion of the prize not accepted or used by the winner will be forfeited; [10] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason; [11] the Administrator has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (b) violating the Rules; (c) violating the terms of service, Privacy Policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by the Administrator; [12] Administrator has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Sweepstakes or the Website is a violation of these Rules as well as criminal and civil laws, and should Administrator believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and you waive all rights to have damages multiplied or otherwise increased; [17] Administrator has the right to modify prize award procedures at its sole discretion; [18] winner's acceptance of Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the prize ("Fulfillment Film"), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Fulfillment Film throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [19] Sponsor's use of the Fulfillment Film will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees and [20] Sponsor shall have the right to make such changes to the Fulfillment Film and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter the Fulfillment Film in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.
10. RULES & WINNER'S LIST: For a winner's list (available after July 7, and before August 31, 2011) and/or Rules (before June 30, 2011), send a self-addressed, stamped envelope to: Kings Hawaiian Sweepstakes, Winners/Rules, P.O. Box 10189, Department HS, Burbank, CA 91510-0189. A copy of the Rules may also be obtained by printing this web page.
OFFICIAL RULES
NO PURCHASE/PAYMENT NECESSARY TO ENTER OR WIN.
A PURCHASE/PAYMENT WILL NOT IMPROVE ONE'S CHANCES OF WINNING.
1. SPONSOR: Disney Online, 500 S. Buena Vista Street, Burbank, CA 91521.
2. ADMINISTRATOR: Ventura Associates, Inc., 1040 Sixth Avenue, New York, NY 10018, an independent judging organization whose decisions are final and binding with respect to the sweepstakes ("Sweepstakes").
3. ENTRY: During the period beginning at 12:01 A.M., May 1, 2011 and ending at 11:59:59 P.M., June 30, 2011 ("Entry Period"), you may enter this Sweepstakes via the Internet as a registered member ("Member") of Disney Family.com ("Website") by logging in by providing your Member Name and Password and clicking on the "submit" button ("Entry"). For purposes of these Official Rules ("Rules"), all times are Pacific Time and "Day" shall mean each day during the Entry Period. If you are not a Member, you may become a Member for free by visiting the Website and registering by providing the requested information on the Registration Form through the link on the site: "Not registered?" Upon becoming a Member by registration, you may enter the Sweepstakes by following the above instructions. Normal Internet access and usage charges imposed by your on-line service will apply. It is your sole responsibility to notify the Administrator if you change your email address ("Address"). To do so, go to http://register.go.com/go/memberservices/home, log into your Website account with your Member Name and Password, click on "Modify" and follow the instructions on how to change your Address.
4. LIMITATIONS: All Entries must be received by 11:59:59 P.M., June 30, 2011. Entries are limited to one (1) Entry per person/Address per Day, which is a maximum of 61 Entries allowed during the Entry Period (regardless of whether one person has more than one Address or more than one person use the same Address). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 3 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Open only to persons who, as of the date of Entry, are legal residents of, and physically located within, the 50 U.S. or D.C (collectively, "Territory"), and are not minors (as defined by state of primary residence, "Minor") and not employees of Sponsor or Administrator; their respective parent, subsidiary or affiliated companies; or the advertising, promotional or fulfillment agencies of any of them (individually and collectively, "Entities"); nor members of their households or immediate families (defined as parent, spouse, siblings and the spouses of each). Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server, Internet Service Provider, Website or other connections; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software malfunctions, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to use multiple email accounts to register more than the one (1) Entry per person/Address per Day may result in disqualification at Administrator's sole discretion. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
5. PRIZE: ONE (1) GRAND PRIZE: A five (5) day / four (4) night trip for winner and three (3) guests ("Group") to Honolulu, HI, on Sponsor-selected dates during 2012 ("Trip"), consisting of the following elements for the Group: [a] hotel accommodations at the Aulani, A Disney Resort and Spa in Ko Olina Hawai'i (one standard room/quad occupancy, including room tax) for four (4) nights; [b] mid-sized rental vehicle with unlimited mileage for the duration of the Trip (primary renter must be 25 years or older, in possession of a major credit card and valid driver's license in the same name and agree to all the terms and conditions required by car rental agency); [c] $500 spending money for the winner; [d] if winner's residence is located other than on the Island of O'ahu, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near winner's residence ("airport of origin") and the Honolulu International Airport and [e] airport/hotel transfers. Approximate retail value ("ARV"): $6,560), which will vary depending upon point of departure and seasonal fluctuation of hotel rates and airfares. All expenses not specifically mentioned herein are not included and are solely the winner's responsibility, including but not limited to: round trip transportation between the winner's residence and any airport of origin, round-trip transportation between winner's residence and the hotel if winner resides on the Island of O'ahu, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor's approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip on Sponsor-selected dates during 2012, or Trip will be forfeited in its entirety. Travel must be made through Sponsor's agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Releasees are not responsible for airline cancellations or delays. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. Any depiction of prize is for illustrative purposes only. Prize is not redeemable for cash or transferable, except it is transferable to a surviving spouse residing in the same household. No substitution allowed except, at Administrator's sole discretion, a prize of equal or greater value may be substituted. Administrator will not replace any lost, mutilated or stolen tickets, travel vouchers, certificates or prize. Prize elements may not be separated. Airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code share flights may be used. Prize cannot be used in conjunction with any other promotion or offer. The prize will be awarded provided it is validly claimed by August 31, 2011, after which no alternate winner will be selected, nor unclaimed prize awarded.
6. PROCEDURES: All Entries must be received during the Entry Period. On or about July 7, 2011, in a random drawing conducted by the Administrator, potential winner will be selected from all eligible Entries received. The decisions of the Administrator shall be final and binding. Odds of winning depend on the total number of eligible Entries received.
7. WINNER: Potential winner will be notified on or about July 8, 2011, by email to obtain their mailing addresses as well as any additional required information or responses. Once mailing address is available, potential winner will be sent paperwork by overnight delivery service. At the sole discretion of the Administrator, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner's failure to respond to notification within two (2) business days after transmission; [2] the return of an email notification as undeliverable after three (3) attempts; [3] the return of the prize as undeliverable; [4] potential winner's failure to provide Administrator with satisfactory proof of age, identity and residency; [5] potential winner's failure to provide required additional information upon Administrator's request; [6] potential winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) business days after its mailing; [7] potential winner's failure to be available to make the Trip on Sponsor-selected dates during 2012; [8][9] any other non-compliance with Rules. In the event of any prize forfeiture, the Administrator may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of winner, who will receive an IRS Form 1099 reflecting the value of his/her prize. The Group must travel together on the same itinerary and members of the Group are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D, etc.) before departure. All members of the Group will be required to execute a Release of Liability prior to ticketing. Anyone in the Group who is a Minor must be accompanied by a parent/legal guardian ("Parent") at all times during the Trip (including, but not limited to, in-flight, hotel stay, and all prize-related events); and the Parent, who must be one member of the Group, must sign and return all required documentation.
8. PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Sweepstakes is subject to Sponsor's privacy policy located at http://disney.go.com/corporate/privacy/pp_wdig.html ("Privacy Policy").
9. CONDITIONS: By entering this Sweepstakes and/or accepting any prize you may win, you agree that: [1] you have all rights, permissions and consents necessary to grant the rights to Sponsor/Administrator as expressed herein; [2] you will abide by and be bound by the Rules, the Administrator's decisions and the Privacy Policy; [3] the Entry becomes solely the Sponsor's property and will not be returned; [4] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [5] the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or prize [6] winner's acceptance of prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [7] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Administrator's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Administrator has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winner by such method as Administrator in its sole discretion shall consider equitable and in the event the Trip has already commenced, to terminate the Trip and return the Group to any airport of origin as soon as reasonably possible; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules and selection and announcement of the winner; [9] any portion of the prize not accepted or used by the winner will be forfeited; [10] the Releasees are not responsible for any inability of the winner to accept or use the prize (or any portion thereof) for any reason; [11] the Administrator has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (b) violating the Rules; (c) violating the terms of service, Privacy Policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service; (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) for any other good cause as determined solely by the Administrator; [12] Administrator has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Sweepstakes or the Website is a violation of these Rules as well as criminal and civil laws, and should Administrator believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or prize awarded shall be resolved by applying the laws of California, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and you waive all rights to have damages multiplied or otherwise increased; [17] Administrator has the right to modify prize award procedures at its sole discretion; [18] winner's acceptance of Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the prize ("Fulfillment Film"), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Fulfillment Film throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [19] Sponsor's use of the Fulfillment Film will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees and [20] Sponsor shall have the right to make such changes to the Fulfillment Film and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter the Fulfillment Film in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution.
10. RULES & WINNER'S LIST: For a winner's list (available after July 7, and before August 31, 2011) and/or Rules (before June 30, 2011), send a self-addressed, stamped envelope to: Kings Hawaiian Sweepstakes, Winners/Rules, P.O. Box 10189, Department HS, Burbank, CA 91510-0189. A copy of the Rules may also be obtained by printing this web page.
Disney's Aulani Spa & Resort
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