HAWAII’S CW STAR CONTEST
1. NO PURCHASE NECESSARY TO ENTER OR WIN. The Hawaii’s CW Star Contest (the “Contest”) is sponsored by LIN Television Corporation d/b/a KHON-TV (“KHON2”). Contest is only offered in KHON2 viewing area in the state of Hawaii. Void outside Hawaii and where prohibited.
2. Contest is subject to all federal, state and local laws. KHON2 shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and waive any right to claim ambiguity in these Official Rules and or any other Contest-related advertising or materials.
3. Contest begins on August 19, 2016. Final entry deadline is September 10, 2016 at 11:59 p.m. Hawaii Time (“HT”). Contest consists of entry period, public voting and judging at the end of each round, and series of challenges at different stages of Contest. Final round of public voting and panel judging to determine potential winner will be completed no later than December 11, 2016. KHON2’s computer is the official time-keeping device for this Contest.
4. Winner will be issued IRS tax forms (or its equivalent) for the ARV of the prize awarded if required and is solely and exclusively responsible for any and all state, federal or local income taxes that may result from his or her acceptance of prize.
5. To be eligible, each entrant must be at least eighteen (18) years old and a legal United States resident living in Hawaii (above). You must have a valid driver’s license in Hawaii and you must not be a candidate for public office.
6. Please note: If you are selected as a potential Top 5 Finalist, you must be available to appear on Living808 during the week of November 28, 2016 through December 2, 2016 (specific day to be determined by KHON2).
7. In addition, if you are selected as the potential winner:
a. You must be available to appear LIVE on Living808 on December 15, 2016 at 8:00 a.m. HT;
b. You must be willing to submit to a background check, including without limitation, criminal records, traffic records and other searches and you must agree to sign any additional documents necessary for such searches;
c. You must be willing to enter into a one (1) year standard part-time talent agreement with KHON2 effective January 1, 2017 (as described in more detail below in the prize section) and not subject to any restrictions, commitments, or prohibitions (such as a non-compete or other restriction, contractual or otherwise) that would prevent you from entering a valid and binding agreement with KHON2;d. You must be willing to comply with all provisions of such talent agreement, including without limitation, the “morals” clause, non-compete and exclusivity provisions, and conflicts of interest restrictions;
e. You must agree not to seek public office or become a candidate for public office until such talent agreement expires.
8. Employees of KHON2, Media General, Inc. (“Media General”), Pearlridge Center, H2go® Hawaii, any other entity directly involved in the development or administration of the Contest, and the members of their immediate families (defined as spouses, parents, siblings and children) and households, are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related.
PRIZE & PRIZE RESTRICTIONS
9. Prize (1): Twelve (12) month standard part-time (twenty (20) hours per week) talent agreement with KHON2 as Hawaii’s CW Star at $20.00 per hour effective from January 1, 2017 until December 31, 2017. Approximate Value: up to $20,800 before taxes, depending on actual number of hours worked.
10. Prize contract is standard talent agreement including non-competition provision effective during the term and for one (1) year thereafter. Winner must have transportation and valid driver’s license. Winner must agree to background checks (criminal and driving) as condition of eligibility and agree to confidentiality pending verification of eligibility. Winner must be willing and available to work during term of prize contract and must agree not to seek public or become candidate for public office until the contract expires.
11. Prize contract compensation is subject to all taxes and withholding required by law, compliance with KHON2 employment policies and to winner’s performance of all services to KHON2’s satisfaction as well as to compliance with all contract provisions, including “morals” clause. In the event that the winner defaults at any time during the term of the prize contract, KHON2 reserves the right, but not the obligation, to offer remainder of prize contract to the next highest scoring Top 5 Finalist (see below) at the same hourly rate. Such alternate winner is subject to all verification and eligibility requirements and conditions in these Official Rules.
12. Actual value of prize may depend on the number of hours worked and other factors. If actual value of prize awarded is less than the ARV stated above, winner will not be entitled to any compensation or reimbursement for difference in value. Any on-camera appearances have no cash value and are subject to the sole discretion of KHON2. In the event that this aspect of prize contract cannot be or is not fulfilled for any reason, winner will not be entitled to any substitution, remuneration or alternate prize element.
13. All prize details shall be at KHON2’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, travel, transportation, wardrobe, make-up, or other expenses, all federal, state and local taxes (if any), surcharges, fees, and personal items.14. Prize is not redeemable for cash and may not be sold, bartered or auctioned. The right to receive prize is not transferrable. Prize or any portion thereof not used or accepted by winner is forfeited and no cash or substitute will be offered or permitted. Prize may not be substituted except that KHON2 in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
15. Prize offered is provided “as is” with no warranty or guarantee either express or implied by KHON2. KHON2 has neither made nor is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to prize. Other restrictions apply.
16. Entries will be accepted beginning August 19, 2016 at 12:01 a.m. HT and ending September 10, 2016 at 11:59 p.m. HT (the “Entry Period”). You must have a personal active Facebook account to participate. To register for a free Facebook account, visit http://www.facebook.com.
17. Entry requires two (2) steps:
a. Record a Video Selfie: First, record a video selfie (thirty seconds (:30) or less) that describes you and explains why you would be the best spokesperson for Hawaii’s CW (your “Video”) and upload it to your personal Facebook page.
b. Submit your Entry: Next, complete an official entry form and Contest affidavit with all required information, which may include your name, e-mail address, phone number, and age or date of birth, and submit both completed documents together with a link to your Video and required photographs through either of the submission methods below.
18. Online: To submit your entry online, visit http://khon2.com (the “Contest Page”) and follow the instructions to complete the official entry form, upload a photograph of yourself, include a link to your Video, indicate your acceptance of the Official Rules and the Affidavit, and click through the submit button; or
19. In-Person: To submit your entry in-person, download and follow the instructions to complete an official entry form (including a link to your Video) and affidavit, and bring them along with your valid photo identification and two (2) photographs to one (1) of the scheduled casting call sites identified below or that will be announced (each a “Casting Call Site”) during corresponding scheduled hours. Please note: only a limited number of official entry forms will be accepted at each Casting Call Site as set forth below and official entry forms will be accepted on a first come, first served basis. These are the only submission methods. Entries will not be accepted via U.S. mail, e-mail, or any other method.
20. Casting Call Sites: A limited number of entry forms will be accepted at the following Casting Call Sites, dates and times, as well as at one or more future Casting Call Site to be announced:a. Pearlridge Center (8/27/16): Up to one hundred (100) official entry forms will be accepted at the Pearlridge Center, 98 – 1005 Moanalua Road, Aiea, HI 96701 on August 27, 2016 from 11:00 a.m. HT to 2:00 p.m. HT;
b. H2Go Hawaii (9/6/16): Up to twenty-five (25) official entry forms will be accepted at H2go® Hawaii, Ala Moana Center, 1450 Ala Moana Blvd. #5539 Floor 1C, Honolulu, HI 96814 on September 6, 2016 from 5:00 p.m. HT to 7:00 p.m. PT;
c. TBA (9/8/16): Up to twenty-five (25) official entry forms will be accepted at a Site TBA on September 8, 2016 at time to be announced; and
d. TBA (9/9/16): Up to twenty-five (25) official entry forms will be accepted at a Site TBA on September 9, 2016 at time to be announced.
22. All entries must be received by KHON2 no later than September 10, 2016 at 11:59 p.m. HT. Proof of sending is not proof of receipt by KHON2. KHON2 will not accept screen shots as proof of entry.
23. Regardless of method, limit one (1) entry per person or e-mail address. Additional entries received from any such person or e-mail address thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, or the submission of false contact information under multiple or different e-mail addresses, identities, registrations, Facebook accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in KHON2’s sole discretion. No group submissions will be accepted.
24. Entries must include a working daytime telephone number and valid e-mail address for the entrant. KHON2 is not responsible for voice or electronic communications that are undeliverable as a result of any form of call blocking of any kind or inability to leave a voice message or passive or as to e-mail, active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her status as the Authorized Account Holder.
25. Entrants who fail to provide any required information may be disqualified without further notification by KHON2. KHON2 is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. KHON2 reserves the right in its sole discretion to disqualify anyentry at any time that in its opinion does not comply with these Official Rules, even if it has already been submitted to public voting. Entries become the property of KHON2 and will not be returned or acknowledged.
27. Each entry and Video must satisfy the following Submission Requirements:
a. Each Video must be original to you (not copied, adapted, or reproduced from any other source and not in collaboration with any other person). In other words, only the person who took or created the Video is permitted to submit it in this Contest.
b. Unless otherwise directed by KHON2, Videos must not exceed thirty seconds (:30) run-time. No watermarks, signatures, or copyright notices may be added to any entry or Video.
c. Videos must not contain any personal contact information for entrants or any other persons. No other identifiable individuals may be depicted in any entry or Video.
d. No music is permitted in any Video.
e. No entry or Video may depict any identifiable brand names, trademarks, logos or trade names other than those belonging to KHON2.
f. No content, language or images that would make any Video inappropriate for television broadcast to a general audience may be depicted in any entry or Video. No foul language, nudity or other states of undress, graphic or excessively
violent content, or any violation of third party intellectual property rights may be depicted in any entry or Video.
g. No entry or Video may depict any content that is inappropriate, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging, or that invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
ENTRANT’S LICENSE & WARRANTY
28. By submitting an entry and Video, you expressly grant to KHON2 (and to those acting on KHON2’s behalf) a non-exclusive, perpetual, irrevocable, world-wide royalty-free license (and waive all moral rights in and to the entry and Video) to display, reproduce, distribute, publish, perform, edit, otherwise use the entry and Video for advertising and promotional purposes, including the display of the entry and/or Video KHON2’s Instagram channel and/or any other websites in connection with this Contest. For clarity, HHON2 has the right (but not the obligation) to publish any entry and/or Video onKHON2’s website(s), Twitter, Facebook, Instagram or Pinterest channels or websites and as KHON2 otherwise so chooses.
29. By submitting an entry, you warrant that (a) you are legally entitled to submit the entry and/or Video in the Contest, (b) the entry and Video do not infringe any third party rights, and (c) the entry and Video comply in all respects with the Official Rules and Website Terms and you agree to indemnify and hold Released Parties (defined below) harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by you of these Official Rules or the warranties and/or representations made by you pursuant to these Official Rules.
30. KHON2 may reject any Video that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste, and disqualify the corresponding entry, at any time during the Contest, even if the Video has already been submitted for public voting or judging. You agree that KHON2 has the sole discretion to decide whether any entry and Video satisfies these Official Rules and that its decisions are final. In the event that any claim of unauthorized use of any content contained within any Video is made to KHON2 by any third party, KHON2 reserves the right to immediately terminate access to the Video and disqualify the related entry. WITHOUT LIMITING THE FOREGOING, KHON2 RESERVES THE RIGHT TO REMOVE ANY VIDEO AND DISQUALIFY THE RELATED ENTRY IT DEEMS, IN ITS SOLE, SUBJECTIVE DETERMINATION, TO BE INAPPROPRIATE WITHOUT ANY OBLIGATION TO ENGAGE IN ANY COMMUNICATION, COMMENT OR DISCUSSION ABOUT ANY SUCH VIDEO OR ENTRY OR ANY DECISION TO REMOVE SUCH VIDEO AND DISQUALIFY ITS CORRESPONDING ENTRY. ALL DECISIONS OF
KHON2 ARE FINAL.
ROUND 1 VOTING & JUDGING (9/12/16 – 9/21/16)
31. Beginning on September 12, 2016 at 12:01 a.m. HT and ending September 21, 2016 at 11:59 p.m. HT (the “Round 1 Score Period”), all timely and properly submitted Videos will be displayed via the Contest Page where individuals who visit the Contest Page (collectively referred to as “Voters”) may view and vote for their favorite Videos. All votes must be completed no later than September 21, 2016 at 11:59 p.m. HT. The voting results will account for twenty-five percent (25%) of the score for the Round 1 Score Period. All votes during the Contest must comply with the “Voting Restrictions” set forth below.
32. During the Round 1 Score Period, all timely and properly submitted Videos will be reviewed by an independent panel of qualified judges consisting of qualified KHON2 personnel and professionals (the “Judges”), and scored based on selection criteria including, without limitation, personality, likeability, creativity, star quality, energy, fun-to-watch, presentation, and ability to speak clearly. The judging results will account for seventy-five percent (75%) of the score for the Round 1 Score Period.
33. At the conclusion of the Round 1 Score Period, KHON2 will tabulate the voting results and combine them with judging scores in the stated percentages above. Subject to verification of eligibility, the twenty (20) entrants whose Videos receive the highest scores will be declared the Semifinalists and may be announced on the Contest Page and on Living808. KHON2 reserves the right to select fewer than the stated number ofSemifinalists if there are not a sufficient number of eligible and properly submitted Videos.
34. Challenge #1: Semifinalists will be notified via e-mail by KHON2 and will be provided with instructions on how to participate in Challenge #1, including the creation of a thirty second (:30) promo video for a CW primetime show (each a “Semifinalist Video”), which must comply with all Submission Requirements herein and must be submitted no later than September 29, 2016 at 11:59 p.m. HT, or such other deadline as KHON2 may direct, in its sole discretion.
ROUND 2 VOTING & JUDGING (10/10/16 to 10/19/16)
35. Beginning on or about October 10, 2016 at 12:01 a.m. HT and ending on October 19, 2016 at 11:59 p.m. HT (the “Round 2 Score Period”), the Semifinalist Videos will be displayed via the Contest Page where Voters may view and vote for their favorite Semifinalist Videos. The voting results will account for twenty-five percent (25%) of the score for the Round 2 Score Period.
36. During the Round 2 Score Period, the Semifinalist Videos will be reviewed by the Judges (or a new panel of Judges) and scored based on the selection criteria above. The judging results will account for seventy-five percent (75%) of the score for the Round 2 Score Period.
37. At the conclusion of the Round 2 Score Period, KHON2 will tabulate the voting results and combine them with judging scores in the stated percentages above. Subject to verification of eligibility, the ten (10) Semifinalists whose Videos receive the highest scores will be declared the Finalists and may be announced on the Contest Page and on Living808. KHON2 reserves the right to select fewer than the stated number of Finalists if there are not a sufficient number of eligible and properly submitted Semifinalist Videos.
38. Challenge #2: Finalists will be notified via e-mail by KHON2 and provided with instructions for participating in Challenge #2, including the creation of a new Video (each a “Finalist Video”), which must comply with all Submission Requirements herein and must be submitted no later than October 25, 2016 at 11:59 p.m. HT or such other deadline as KHON2 may direct, in its sole discretion.
ROUND 3 VOTING & JUDGING (10/31/16 to 11/9/16)
39. Beginning on October 31, 2016 at 12:01 a.m. HT and ending November 9, 2016 at 11:59 p.m. HT (the “Round 3 Score Period”), the Finalist Videos will be displayed via the Contest Page where Voters may view and vote for their favorite Finalist Videos. The voting results will account for twenty-five percent (25%) of the score for the Round 3 Score Period.
40. During the Round 3 Score Period, the Finalist Videos will be reviewed by the Judges (or a new panel of Judges) and scored based on the selection criteria above. The judging results will account for seventy-five percent (75%) of the score for the Round 3 Score Period.
41. At the conclusion of the Round 3 Score Period, KHON2 will tabulate the voting results and combine them with judging scores in the stated percentages above. Subject toverification of eligibility, the five (5) Finalists whose Videos receive the highest scores will be declared the Top 5 Finalists. KHON2 reserves the right to select fewer than the stated number of Top 5 Finalists if there are not a sufficient number of eligible and properly submitted Finalist Videos.
42. Top 5 Finalists will be notified via e-mail by KHON2 and will appear LIVE on Living808 on November 11, 2016 at 8:00 a.m. HT. KHON2 will contact each potential Top 5 Finalist using the information supplied on his or her entry form. Each potential Top 5 Finalist must respond to initial notification within twenty-four (24) hours and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal) and/or other legal documents and to provide such documents to KHON2 within forty-eight (48) hours after initial notification and as a condition of ongoing participation and eligibility. KHON2 in its sole discretion may allow for transmission of verification documents via fax or e-mail. In the event that any potential Top 5 Finalist (a) cannot be contacted directly by, or does not respond to, KHON2 in the time frame above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to participate further, or (d) is otherwise determined to be ineligible, KHON2 in its discretion may disqualify that individual and an alternate Top 5 Finalist will be selected in accordance with previously described method as soon as reasonably practicable after such disqualification. Alternate Top 5 Finalists are subject to all eligibility requirements and restrictions of these Official Rules.
43. Challenge #3: Top 5 Finalists also will be provided with instructions for participating in Challenge #3, including the creation of a new Video (each a “Top 5 Finalist Video”), which must comply with all Submission Requirements herein and must be submitted no later than November 18, 2016 at 11:59 p.m. HT, or such other deadline as KHON2 may direct, in its sole discretion.
44. Challenge #4: In addition, as Challenge #4, each of the Top 5 Finalists will be required to co-host a LIVE Living808 show from 8:00 a.m. HT to 9:00 a.m. HT during the week of November 28, 2016 through December 2, 2016, with the specific date determined by KHON2 in its sole discretion.
ROUND 4 VOTING & JUDGING (12/3/16 to 12/11/16)
45. Beginning on December 3, 2016 at 12:01 a.m. HT and ending December 11, 2016 at 11:59 p.m. HT (the “Round 4 Score Period”), the Top 5 Finalist Videos will be displayed via the Contest Page and Voters may view the Top 5 Finalist Videos and vote for their favorite Top 5 Finalists based on the Videos and on the performance of the Top 5 Finalists in co-hosting Living808 during Challenge #4 (above). The voting results will account for twenty-five percent (25%) of the score for the Round 4 Score Period.
46. During the Round 4 Score Period, the Judges (or a new panel of Judges) will review both the performance of the Top 5 Finalists in co-hosting Living808 during Challenge #4 (above) and the Top 5 Finalist Videos and scored based on the selection criteria above. The judging results will account for seventy-five percent (75%) of the score for the Round 4 Score Period.
47. At the conclusion of the Round 4 Score Period, KHON2 will tabulate the voting results and combine them with judging scores in the stated percentages above. Subject to verification of eligibility, the Finalist whose Video receives the highest score will bedeclared the winner and will co-host Living808 on December 15, 2016 at 8:00 a.m. HT. KHON2 reserves the right to select fewer than the stated number of winners if there are not a sufficient number of eligible and properly submitted Top 5 Finalist Videos.
48. Regardless of the results displayed on the Contest Page or any “leader board,” no entrant will be a “Semifinalist”, “Finalist,” “Top 5 Finalist” or “winner” unless and until the results have been confirmed by KHON2 and its decisions shall be considered final and binding in all results. In the event of any tie during any Round, the tied entries will be re-judged by the Judges or by a new panel of Judges until the tie is resolved.
49. The use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar methods or agents or multiple accounts or log-ins to vote is prohibited and may result in the disqualification of all votes received through that method and/or from that Voter.
50. Entrants, Voters and other participants are prohibited from obtaining or soliciting votes by offering prizes or other inducements to members of the public, vote farming, vote purchasing, vote exchanging, or any other activity that artificially inflates such votes as determined by KHON2 in its sole discretion. KHON2 reserves the right to determine in its sole and absolute discretion whether any votes are invalid, to disqualify any duplicate, suspect or otherwise invalid votes and/or to disqualify the corresponding entrants from further participation if KHON2 deems it appropriate under the circumstances, for example, if such voting has substantially impaired or jeopardized the integrity of the voting process with respect to such entry or if the corresponding entrant actively encouraged or participated, directly or indirectly, in the suspect voting. Irregular or suspect votes or votes in excess of the stated maximum number above, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or source or by the use of multiple e-mail addresses, accounts, log-ins will be considered invalid. Entrants, Voters and other participants agree that all decisions by KHON2 regarding the validity of any votes and/or the disqualification of any votes and/or entries, shall be final and binding in all respects, without appeal, and without any obligation of KHON2 to engage in any communication, comment or discussion about any such decisions.
51. KHON2 will not accept screen shots as proof of voting. KHON2 is not responsible for, and Voters assume all risk of, votes that are lost, garbled, distorted, incomplete, or containing errors or if for any reason they are not recorded by KHON2 prior to the stated deadline, and all such votes are void. Voters who fail to include any of the information required above may be disqualified from further participation and their votes voided without further notification by KHON2. KHON2 reserves the right in its sole discretion to disqualify any vote or Voter at any time that in its opinion does not comply with these Official Rules.
WINNER NOTIFICATION AND VERIFICATION
52. KHON2 will contact the potential winner using the information supplied by winner on his or her entry form. Winner may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal),consent for background check (criminal and traffic records), tax forms and/or other legal documents and to provide such documents to KHON2 within five (5) business days after presentment of prize contract and as a condition of receiving prize. KHON2 in its sole discretion may allow for transmission of verification documents via fax or e-mail.
53. In the event that potential winner (a) cannot be contacted directly by, or does not respond to, KHON2 in the time frame above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, KHON2 in its discretion may disqualify that individual and an alternate winner will be selected in accordance with previously described method as soon as reasonably practicable after such disqualification. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules.
54. KHON2 the discretion, post the verified Semi-Finalists’, Finalists’, Top 5 Finalists’ and/or winners’ names on the Contest Page and/or any of KHON2’s websites, including http://khon2.com, and on or in any of KHON2’s social media pages or channels, and broadcast them on any of KHON2’s stations.
55. By accepting a Semifinalist or Finalist slot or accepting a prize, each Semifinalist, Finalist and winner agrees to award KHON2 the right to publicize his or her name, photographs (including the use and appearance of his or her photograph on KHON2’s websites), likeness, biographical information, e-mail address, voice and details of winning and/or participation for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
56. By entering, accepting a prize and/or otherwise participating in the Contest, you agree that KHON2, Pearlridge Center, H2go® Hawaii, Media General, Facebook, Inc., the Judges, any other company involved in the development or administration of this Contest, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries or votes that for any reason are not properly submitted or received by KHON2 by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the announcement of the Semifinalists, Finalists, Top 5 Finalists, winner or prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest, including the public voting and judging; (e) are not responsible for any unauthorized third party use of any entry materials (including any Videos); (f) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storagefailure; and (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of entries, the receipt or tabulation of votes, scoring by Judges, the selection of the Semifinalists, Finalists, Top 5 Finalists, winner, or prize or otherwise in any Contest-related materials.
57. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST.
58. By entering, accepting a prize and/or otherwise participating in the Contest, you agree to release and hold Released Parties harmless from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials during or after the Contest (including any Videos); (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of prize; and (d) any other claim or cause of action you may have against any Released Party.
59. BY ENTERING, ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE CONTEST, YOU FURTHER AGREE THAT (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES.60. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
61. KHON2 reserves the right to cancel, suspend or terminate this Contest, or any part thereof, in the event that KHON2 determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond KHON2’s control. In such an event, KHON2 will post notice of same at the Contest Page and select the winner from among all non-suspect entries received prior to the suspension, cancellation or termination of the Contest in accordance with the previously described selection criteria or in such other manner as KHON2, in its sole discretion, deems fair and appropriate under the circumstances.
62. KHON2 reserves the right to disqualify any individual from further participation in the Contest (including the public voting or consideration for any prize) if KHON2 concludes, in its sole discretion, that such person (a) has attempted to tamper with the entry process, public voting, panel judging, or the operation of the Contest in any other way, (b) has colluded or attempted to collude to unfairly affect the outcome of the Contest, (c) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (d) has acted towards KHON2 or any other entrant or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter or vote more than the number of times permitted herein, including through the use of any prohibited device or method, and attempting to obtain or solicit votes using any prohibited device or method. Any such decision by KHON2 is final, binding and un-appealable in all respects. Any failure by KHON2 to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
63. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND KHON2 RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
64. All activity arising out of and relating to the Contest, including any reference to the status of any person as a winner, is subject to verification and/or auditing for compliance with the Official Rules. If KHON2 determines, in its sole discretion, that verification or auditing activity evidences non-compliance of any entry and/or entrant with the Official Rules, KHON2 reserves the right to disqualify such entry and/or entrant from the Contest and prize at any time. KHON2 reserves the right to conduct a background check on any potential winner and to disqualify any individual based on such background check if KHON2 determines in its sole discretion that awarding a prize to any such individual might reflect negatively on KHON2. Each entrant agrees to cooperate with KHON2 and its representatives in connection with any and all verification, auditing and/or background check activities if selected as the potential winner.65. KHON2 reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, KHON2 reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
66. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Contest, shall be governed by Hawaii law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Hawaii.
67. By entering, accepting a prize and/or otherwise participating in the Contest, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules shall be brought only in the federal or state courts located in Honolulu County, Hawaii, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
68. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Contest-related materials, including but not limited to the Contest entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
69. Facebook is not a sponsor of this Contest. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest.
WINNER’S NAME/OFFICIAL RULES
70. For a copy of the Official Rules or the final Winner’s Name, visit the Contest Page or http://khon2.com or mail a SASE to: Hawaii’s CW Star Contest c/o KHON2, 88 Piikoi Street, Honolulu, HI 96814, specifying either “Winner’s Name” or “Official Rules.” Winner’s Name will be available after January 15, 2017.