Servco Thanks & Giving Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (“U.S.”) AND THE DISTRICT OF COLUMBIA WHO PHYSICALLY RESIDE IN THE STATE OF HAWAII AND ARE AT LEAST EIGHTEEN (18) AS OF DATE OF ENTRY. 1. CONTEST PERIOD:
The Servco Thanks & Giving Contest (the “Contest”) begins on 11/16/15 at 12:00 a.m. Hawaii Standard Time (“HST”) and ends on 12/18/15 at 11:59 p.m. HST (the "Contest Period"). Following the Contest Period, the entries will be reviewed and the ten (10) potential winners will be selected. Prizes will be awarded to the nonprofit organizations identified in the winning entries; the nominator of each winning entry will not receive a prize him/herself. 2. ELIGIBILITY:
The Contest is open to “Nominees” (who will be the subject matter of the submitted Entry) who are registered 501(c)(3) tax-exempt organizations located in Hawaii for a minimum of two (2) years and “Nominators” (the person who submits the Entry) who are legal residents of one (1) of the fifty (50) U.S. or the District of Columbia and physically reside in the state of Hawaii and are at least eighteen (18) as of date of entry. Nominees must be located in Hawaii and in good standing with the Internal Revenue Service to be considered. Nominators must not be employed by or affiliated in any way with the organization nominated in their Entry. Void where prohibited. Subject to all applicable federal, state and local laws. The information you provide as detailed below will only be used for Contest purposes. 3. TO PARTICIPATE:
During the Contest Period, Nominators can visit www.servco.com/thanks (the “Web Site”) and follow the instructions to complete the entry form provided that includes the name and website (if applicable) of the organization they’d like to nominate along with a description in 250 words or less explaining why they are thankful for the organization (each, an “Entry”). By submitting an Entry, Nominator hereby warrants and represents that the Entry conforms to the requirements set forth herein. Ineligible Nominees:
For the purposes of this Contest, the following groups and/or organizations will not be considered Nominees and will therefore not be eligible for a prize;
- Organizations that have been in operation for less than two (2) years;
- Organizations that do not have a local presence in Hawaii;
- Political action committees, causes or candidates;
- Fraternal or alumni organizations;
- Social groups;
- Sports organizations or teams;
- Private non-operating foundations;
- Educational institutions;
- Organizations whose primary purpose is to serve as a place of religious/spiritual worship;
- Groups, support organizations or funds for specific individuals; or
- Organizations that discriminate on the basis of race, sex, sexual orientation, age, religion or any other protected class.
All Entries must: 1) Be the original, personal creation of the Nominator and solely owned by Nominator; 2) Not have won previous awards; 3) Not have been previously published, submitted for publication, screened, or publicly viewed; 4) Not infringe on any third-party rights; 5) Be suitable for publication as determined at the sole and absolute discretion of the Servco Pacific, Inc. (“Sponsor”); 6) Not describe any activities that may appear unsafe or dangerous, or promote any particular political agenda or message; 7) Not include material that is sexually oriented, explicit, suggestive or exploits people in a sexual or violent manner; 8) Not be violent or derogatory of any ethnic, racial, gender, sexual orientation, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; 9) Not contain any personal identification, such as house or email addresses; 10) Not defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or otherwise infringe upon any copyrighted works or a person’s personal or proprietary rights; 11) Not defame, misrepresent or contain disparaging remarks about any Contest Entity or other entities or individuals or any of their respective products; 12) Not contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without permission; and 13) Not communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
Limit one (1) Entry per person and per email address for the duration of the Contest Period. Modification of an existing work does not qualify as original. In order to be entered into the Contest, Nominators must comply with the entry instructions. Each Entry must be complete and meet all criteria set forth in these Official Rules to be eligible. Once submitted, an Entry cannot be deleted, canceled, or modified except by the Sponsor.
By submitting an Entry, Nominator acknowledges and agrees that Sponsor may obtain many Entries in connection with this Contest and that such Entries may be similar or identical in theme, idea, format or other respects to other Entries submitted in connection with this Contest and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Nominator waives any and all claims Nominator may have had, may have, and/or may have in the future, that any Entry and/or other works accepted, reviewed and/or used by the Nominator may be similar to his/her Entry, or that any compensation is due to Nominator or Nominee in connection with such Entry or other works used by Sponsor. Entries generated by script, macro or other automated means or in violation of these Official Rules will be void. In the event of a dispute as to the identity of a Nominator, Nominator will be deemed the individual named on the email address from which the Entry was submitted and such individual must meet all eligibility requirements set forth herein and otherwise comply with these Official Rules. In the event of non-compliance with any requirements specified herein, Entry will be void. Your submission of an Entry constitutes your representation of eligibility and consent to participate in Contest and consent for Sponsor to obtain, use, and transfer your and/or Nominee’s name, address and other information for the purpose of Contest administration. The Sponsor and any/all participating parties and endorsers of the Contest (collectively with Sponsor, the “Contest Entities”), and their respective parents, directors, employees, subsidiaries, affiliates, franchisees, divisions, representatives, contractors, and advertising, promotion, fulfillment and marketing agencies (collectively, “Released Parties”) are not responsible for lost, incomplete, late, damaged, garbled, undelivered, inaccurate or misdirected entries or essays; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, Internet Service Provider (ISP), cable, satellite, server or other connections, miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to Nominator's or any other person's computer related to or resulting from participation in this Contest; printing, typographical or other errors appearing within these Official Rules or in any Contest-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Contest, the processing or judging of Entries, the announcement of the prizes, or in any other Contest-related materials. The use of automated entry or similar devices as specifically set forth above, is prohibited and entries through such prohibited devices are void. Sponsor reserves the right to void any Entry from a Nominator who Sponsor believes has attempted to tamper with, influence, or impair the administration, security, fairness, judging or proper play of the Contest. Neither Sponsor, nor anyone acting on its behalf, will enter into communications with any Nominator regarding the Contest other than to notify the potential winners. 4. Judging and Notification:
Based on the criteria outlined below, ten (10) potential “Winners” will be determined on/about 12/31/15 from among all eligible Entries received during the Contest Period. Each Entry will be a judged by a panel of judges selected by Sponsor, whose decisions will be final and binding in all matters relating to this Contest, on the following criteria: 1.) Originality: 0-35 points, 2.) Level of Impact of Nominee’s Actions Described in Entry: 0-35 points, 3.) Entry’s Relevance to Theme 0-30 points. In the event of a tie, such tied Entries will be re-judged based on the following criteria: Level of Impact of Nominee’s Actions Described in Entry: 0-100 points. Potential Winners will be notified by email, telephone, overnight delivery and/or mail and an authorized representative on behalf of each winning organization (and corresponding Nominator) will be required to execute and return an Affidavit of Eligibility, Liability Release (where legal) and Publicity Release Form within seven (7) days of date of issuance of notification. If a potential Winner, corresponding Nominator, or authorized representative on behalf of an applicable organization cannot be contacted; is ineligible according to these Official Rules; fails to return the required documents within the specified time period, or if a potential Winner corresponding Nominator, or authorized representative on behalf of an applicable organization otherwise fails to fully comply with these Official Rules, he/she will forfeit their opportunity as a potential Winner and a runner-up may be notified, in Sponsor’s sole discretion.
Sponsor reserves the right to conduct a background check of any and all records of the potential Winners, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, potential Winners shall authorize this background check. Sponsor reserves the right (at its sole discretion) to disqualify any potential Winner based on the background check or refusal to authorize the background check and, at Sponsor’s discretion, contacting a runner-up. 5. Prizes awarded to the Nominees (10):
Each winning Nominee will receive $25,000 from Sponsor, awarded in the form of a check. Total Approximate Retail Value (“ARV”) of all prizes is $250,000. Winning Nominees will be responsible for reporting and payment, if any, of all applicable federal, state and local taxes incurred with prize acceptance. 6. License/Use Of Entry:
To the extent allowed by law, Nominators (and winning Nominees) grant the Released Parties a perpetual, worldwide, royalty-free, non-exclusive, sub licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse Nominators Entry, essay, Nominator and Nominee name, photo, and biographical material including, but not limited to, all materials submitted in connection with the Contest in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party. 7. General:
No transfer, assignment, cash redemption, or substitution of any prize is permitted except by Sponsor who reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. All prize details are at Sponsor’s sole discretion. By accepting the donation, the charity that is awarded the donation must agree to the use of its name, location, trademarks, logos, photograph, and/or image in any and all media now or hereafter known, worldwide and on the Internet and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from such organization or its authorized representatives or any third party and without prior notice, approval or inspection, and to execute specific consent to use if asked to do so. By participating, each Nominator warrants and represents that his/her Entry does not violate any federal, state or local laws or ordinances. Nominators further warrant and represent that (1) Sponsor and its designees shall own the Entry (and all material embodied therein); (2) that by entering, the Nominator irrevocably assigns to Sponsor and its designees any and all rights, title and interest in the Entry including but not limited to all intellectual property rights; and (3) that Sponsor and its designees shall have, without limitation, the perpetual, right worldwide to edit, adapt, modify, publish, exploit and use the Entry in any way and in any media for trade, advertising, promotional and/or other purposes as Sponsor and/or its designees may determine without further consideration, notification or permission of Nominators, winner or any third parties. Nominators further agree that: (1) they agree to be bound by these Official Rules, and the decisions of the Sponsor and judges which are final and binding in all respects; (2) Entry’s (and all components thereof) will not be acknowledged or returned; (3) Released Parties and their designees shall have the right and permission to use (unless prohibited by law) Nominator’s name(s), voice(s), cities and states of residence, photograph(s) and/or likenesses for advertising and/or trade and/or any other purpose in any media now or hereafter known without further compensation, permission or notification to Nominator or any third parties; and (4) the Released Parties shall have no liability and will be held harmless by Nominators for any liability, loss, injury or damage to participants or any other person or entity, including personal injury or death to participants or any other person or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of Nominator’s participation in this Contest, the use of any Entry or acceptance, possession, use or misuse of a prize, even if caused or contributed to by the negligence of any of the Released Parties. Sponsor reserves the right, in its sole discretion, to void suspect entries or to modify, cancel, terminate or suspend the Contest (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes, including but not limited to war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of the Contest and, in the event of such cancellation, suspension or termination, at its discretion, as applicable, select the potential winners from among all eligible Entries received up to time of such action using the judging criteria specified above. CAUTION: ANY ATTEMPT BY ANY PERSON OR PERSONS, WHETHER OR NOT A NOMINATOR, TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH NOMINATOR, AND SPONSOR, AND THEIR RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 8. Choice of Law:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the substantive laws of the State of Hawaii, USA and any controversy or claim not settled by the parties arising out of or relating to this Contest will be resolved in Hawaii in a court of competent jurisdiction. 9. Winners’ Names:
For the names of the winners, available after 12/31/15, visit www.servco.com/thanks by 1/31/16. 10. Sponsor:
Servco Pacific, Inc., 2850A Pukoloa St. Honolulu, HI 96819.