Microsoft word - ʻŌiwi tv instagram contest.docx

ʻŌIWI TV INSTAGRAM CONTEST (the "Contest") Open to legal U.S. residents age 18 or older at the time of entry, who meet the eligibility requirements set forth in these Official Rules. Void where prohibited by law. Contest begins on or about September 14, 2012 and ends December 27, 2012 ("Contest Period"). This Contest is sponsored by ʻŌiwi Television Network, Inc. 1839 Keʻeaumoku Street, Honolulu, Hawaii 96822 ("Sponsor"). TO ENTER. To enter, take a photograph using the Instagram app of any image that expresses what “Na Ka Hawaiʻi” means to you and then post your photograph on Instagram so that it is publicly viewable (Instagram accounts from which submissions are made must not be private, and must be viewable to the public). In order to be eligible, your photograph must meet all of the following criteria: (i) it must be tagged with both of these hashtags: (a) #NaKaHawaii AND (b) #OiwiTV; (ii) it must NOT include any personally identifiable images or information, such as a person's face and/or name; (iii) any and all persons in your photograph must be over the age of 21 and you must have their written consent to be included in the photograph; (v) the photograph must NOT include any third party intellectual property such as trademarks, logos or service marks other than Sponsor's trademarks (i.e., ʻŌiwi TV); (vi) the photograph must not include any obscene, pornographic or inappropriate images, as determined by Sponsor in its sole discretion. Any and all such photographs will be disqualified; and (vii) the photograph must be the original work of the entrant. Entries not satisfying the above requirements will be disqualified. JUDGING/SELECTION OF WEEKLY WINNER. Qualified entries that are received by Sponsor between the weekly Start Date and End Date will be entered into that week's contest as set forth in the table below: Sponsor's computer is the official time-keeping device for the Contest. Time and eligibility of entries will be determined by Sponsor in its sole discretion. Multiple participants are not permitted to share the same Instagram account. In the event of a dispute as to any entrant, the authorized Instagram account holder will be deemed to be the registrant. Each week's contest shall constitute a separate contest and only those entrants whose entries were received by the End Date will be eligible for the judging; there will be a total of 15 weekly contests, except as otherwise provided in these Official Rules. Each week will constitute a separate contest and only those entrants whose submissions have been received by the End Date will be eligible for that week's contest. Each week's photograph submissions/entries will be judged by ʻŌiwi TV staff (the "Judge"). As a condition of entering, participants (or their parent or legal guardian if a minor) accept and agree to abide by and be bound by these Official Rules and the decisions of the Judge, which shall be finding, binding and conclusive in all respects. Sponsor and the Judge are the sole and absolute judges on all matters relating to this Contest. One winner will be selected each week and posted on Sponsor's Instagram feed (username: @oiwitv) on the applicable Posting Date of Week's Winner as set forth in the table above ("Weekly Winner"). The following is the judging criteria that shall be used in selecting the Weekly Winner: (1) Creativity (maximum 5 points); (2) Technique (maximum 5 points); and (3) Originality (maximum 5 points). Each individual photograph may only be entered into one weekly contest, however, you may submit multiple photographs in each weekly contest provided that each such photograph has not been previously submitted in any prior week's contest. All Weekly Winners will be shared on Sponsor's Instagram feed (username: @oiwitv). PRIZE. The Weekly Winner(s) will receive one (1) ʻŌiwi TV t-shirt. Sponsor will contact the Weekly Winner with a comment on the winning photograph (or via email or telephone) to schedule the delivery of the Prize; the Weekly Winner(s) will have five (5) days from the date of Sponsor's notification to the Weekly Winner(s) (the "Redemption Period") to contact Sponsor to redeem his/her Prize. If the Weekly Winner(s) fails to contact Sponsor within the Redemption Period, then the Prize will be forfeited and Sponsor may, but is not obligated, to select an alternate winner from such week's qualified submissions. In order to redeem the Prize, the Weekly Winner(s) will be required to provide certain personally identifiable information to Sponsor. Upon receipt of the necessary information (e.g. name, address (street/city/state/zip), etc.) from the Weekly Winner(s), Sponsor will ship the Prize to the Weekly Winner(s), at no cost, provided that all shipments are within the continental United States. Please allow 2-3 weeks for delivery of the Prize. Approximate retail value of each Prize: $20.00 (with a maximum number of 15 prizes to be awarded for a total value of all Prizes of $300). The Weekly Winner is solely responsible for any local, state, federal or other taxes, and any other fees or costs connected with any Prize. ELIGIBILITY. Participation is open only to legal U.S. residents, age 18 or older at time of entry. The following categories of persons are not eligible to enter: (i) persons who from and after July 1, 2012 were or are employees or agents of Sponsor, Red Mango FC, LLC, CanvasPop, Instagram and its and their respective parent companies, affiliates, subsidiaries, franchisees, licensees or the service agencies or independent contractors of any of the above organizations; and (ii) persons in the immediate family (defined as spouse, parent, child, sibling, grandparent, and "step" of each) who reside in the same household of any person included in subparagraph (i) above. GENERAL CONDITIONS. Each Weekly Winner will be notified by Sponsor with a comment on the winning photograph. In the event of noncompliance, if any Weekly Winner cannot be reached, if the Prize or Prize notification is returned as non-deliverable, or the Weekly Winner fails to contact within the applicable Redemption Period, the Prize will be forfeited and an alternate winner may be selected by Sponsor from such week's qualified submissions. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram accounts, technical difficulties associated therewith or a weekly winner's failure to adequately monitor any Instagram or email account. Prizes are non-transferable and no substitutions or cash redemption will be made except as provided herein. In case of unavailability of a Prize, Sponsor reserves the right to substitute a prize of equal or greater value. If a Weekly Winner is a minor, to redeem his/her Prize, minor must submit a signed parental consent form, as applicable. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be acting in an unsportsmanlike or disruptive manner or in violation of these Official Rules. By participating in this Contest and/or accepting a prize, participants agree: (a) to release Sponsor, Instagram and their respective subsidiaries, affiliates, franchisees, licensees, advertising and promotion agencies, and prize suppliers and all of the officers, directors, employees, representatives, and agents of the foregoing from any and all liability for any injury, loss or damages of any kind to persons (including death) and property due in whole or in part, directly or indirectly, from the acceptance, possession, use or misuse of a Prize or from participation in this Contest or participation in any Contest or prize related activity; (b) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest or any prize award, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket cost incurred, excluding attorneys' fees and court cost. Sponsor is NOT responsible for any computer, telephone, cable, satellite, network, technical, electronic or hardware/software malfunctions, connections, failures, availability, traffic congestion, unauthorized human intervention, technical, electronic or mechanical computer error of entries or human error which may occur in the administration of the Contest(s) or the processing of entries and/or submissions. Sponsor is NOT responsible for any incorrect or inaccurate information, whether caused by tampering, hacking or by any of the equipment or programming associated with or utilized in the Contest. Further, Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive Instagram account(s), technical difficulties associated therewith, or any winner's failure to adequately monitor If, in the opinion of Sponsor, the method of entry is incapable of running as originally planned due to computer virus, bug, tampering, technical failure or other cause beyond the control of Sponsor, or if there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if computer viruses, bugs, unauthorized intervention, fraud or technical difficulties or failures compromise, corrupt or affect the administration, integrity, security, fairness or proper conduct of the Contest, Sponsor in its sole discretion reserves the right to (i) disqualify any individual who tampers with the entry process, (ii) void any entries submitted fraudulently, (iii) modify or suspend the Contest, and/or (iv) terminate the Contest and conduct the judging and award the prize(s) using all eligible non-suspect entries received as of the termination date. Entry constitutes permission to use the Weekly Winner's name (including his/her Instagram username), tweets, biographical information and opinions for publicity or trade purposes without additional compensation or permission, except where prohibited by law. Contest subject to all federal, state and local laws and regulations; void where prohibited or restricted by law. Winners acknowledge that neither Sponsor nor its directors, employees, or agents, have made nor are in any manner responsible or liable 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, mechanical condition or fitness for a particular purpose. Any and all warranties and Weekly Winners agree to look solely to such manufacturers for any warranty and/or guarantee. By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by and construed in accordance with, the laws of the State of Hawaiʻi, without giving effect to any choice of law or conflict of law rules (whether of the State of Hawaiʻi or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawaiʻi. By entering, participants consent to the jurisdiction and venue of federal, state and local courts located in Hawaiʻi. Sponsor is not responsible for lost, late, misdirected or incomplete entries. Instagram and Sponsor are not sponsors of this Contest. ® & ™ are trademarks of certain companies and have no association with or make any endorsement of the products or services provided by ʻŌiwi Television Inc. ʻŌiwi TV name, design and related marks are trademarks of Oiwi Television, Inc. 2012 ʻŌiwi Television, Inc. All rights reserved.

Source: http://www.oiwi.tv/live/wp-content/uploads/2012/10/%CA%BB%C5%8CIWI-TV-INSTAGRAM-CONTEST1.pdf