OFFICIAL GIVEAWAY RULES
Ho`āla Zero Emissions Gas Giveaway
NO PURCHASE, PAYMENT OR VISIT NECESSARY. A PURCHASE, PAYMENT OR VISIT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE STATE OF HAWAI‘I AND WHERE PROHIBITED BY LAW.
1. Sweepstakes Description: This Sweepstakes is sponsored by, ISLAND ENERGY SERVICES, LLC (“Sponsor”) and administered by ISLAND ENERGY SERVICES, LLC (“Administrator”). The sweepstakes begins Wednesday, September 1st, 2021 at 12:01 a.m. HAST and ends on Thursday, September 30th at 11:59 p.m. HAST. Sweepstakes is open to Hawai‘i residents who are at least 21 years of age. Sweepstakes is void where prohibited. By entering, each entrant accepts and agrees to be bound by these Sweepstakes rules.
2. Sponsors: Island Energy Services, LLC, 91-480 Malakole Street Kapolei, Hawai‘i 96707 (the “Sponsor”)
Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
3. Administrator: Island Energy Services, LLC, 91-480 Malakole Street Kapolei, Hawai‘i 96707 (the “Administrator”)
4. Eligibility: “Ho`āla Zero Emissions Gas Giveaway” (the "Sweepstakes”) is open only to legal Hawai‘i residents or active duty military stationed in Hawai‘i, who are at least eighteen (18) years old at the time of entry and possess a valid driver’s license, proof of Hawai‘i residency and proof of insurance. Employees, officers, and directors of the Sponsors and their respective parent companies, subsidiaries, agents, affiliated companies, advertising and promotion agencies and those associated with this Sweepstakes (collectively the “Sweepstakes Entities”), are not eligible to participate. Employees of the Sponsors and their parent and affiliate companies, suppliers as well as the immediate families (spouse, parents, siblings and children) and household members of each such employee are not eligible. This Sweepstakes is subject to all applicable, federal, state and local laws and regulations. Void outside of the state of Hawai‘i and where prohibited by law.
Entrants are eligible to win the Sweepstakes once for the duration of the Sweepstakes. Only one entry per person will be accepted.
5. Agreement to Official Rules: Participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsors and Administrator, which are final, conclusive and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements of these Official Rules.
6. Requirements of the Prize Winner: No purchase, payment or visit necessary. A purchase, payment or visit will not increase your chances of winning. The prize winner is solely responsible for all local, state and federal taxes. Prize winners will be required to complete an IRS Form W-9 and will receive an IRS Form 1099-Misc. for prizes with a retail value in excess of $600. Prize may NOT be exchanged for cash or any other consideration.
7. Prize: One (1) grand prize winner will be randomly selected. Prize does not include taxes or any other cost or expense not expressly described in these Official Rules. All local, state and federal taxes and any other fees or surcharges are the sole responsibility of the winner.
The winner will receive the following (collectively the “Prize):
- “A Year’s Worth of Zero Emissions Gas” to be awarded as $3,125 in Texaco Gift Cards, based on $4.19 (average price per gallon) x 750 gallons (average gallons consumed by Hawaii motorist), with 100% of associated emissions on 750 gallons of fuel offset via Texaco in Hawaii’s Ho`āla program.
Prize does not include taxes or any other cost or expense not expressly described in these Official Rules. All local, state and federal taxes and any other fees or surcharges are the sole responsibility of the winner. Sponsors reserve the right to substitute any prize with a prize of comparable value should the original prize be unavailable, regardless of reason. Prizes are not transferable, subject to substitution by the contestant nor redeemable for cash. Prize winners will be required to complete an IRS Form W-9 and will receive an IRS Form 1099-Misc. for prize with a retail value in excess of $600. Total ARV of grand prize is $3,125 (PLUS THE COST OF 100% OFFSET). Limit of one (1) grand prize per person.
8. Odds of Winning: Odds of winning depend upon the number of eligible entries received during the Promotion Period.
9. Timing: The Sweepstakes begins on Wednesday, September 1st, 2021 at 12:01 a.m. Hawai‘i-Aleutian Standard Time ("HAST") and ends on Thursday, September 30th, 2021 at 11:59 p.m. HAST (the "Promotion Period"). The administrator's computer is the official time keeping device for this Sweepstakes.
10. How to Enter: NO PURCHASE NECESSARY TO ENTER. Participants may enter in the following ways:
Throughout the Promotion Period, visit your local Texaco station in Hawai‘i and scan the contest QR code, posted prominently on contest signage. Follow the QR code to the contest landing page, and complete the online entry form. There is a limit of one entry per person throughout the Promotion Period.
All entries must be received before the end of the Promotion Period.
- As an alternate means of entry, customers may enter by sending a standard 3” x 5” card with the date, their name, address, daytime phone number, date of birth and e-mail address. Completed 3” x 5” cards must then be mailed to “Ho`āla Zero Emissions Gas Giveaway” c/o Island Energy Services, 91-480 Malakole Street, Kapolei, HI 96707. Mail in entries be received by September 31st, 2021.
11. Rights Granted by You: By entering this Sweepstakes (e.g., photo, video, text, etc.), you understand and agree that the Sponsor and anyone acting on behalf of the Sponsor and their licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the world, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent.
12. Random Drawing: One (1) random drawing will be conducted on or about the next business day following the end of the Promotion Period to select one (1) Prize Winner from among all eligible entries received. The random drawing will be conducted by the Administrator whose decisions are final, binding and conclusive in all matters relating to the Sweepstakes. All drawings will be conducted at a location to be determined by the Sponsors. The PRIZE WINNER must be able to accept the Grand Prize as outlined in these Official Rules. Limit of one prize per person, per Promotion Period. Additionally, limit of one prize per person, per 30-day time period.
13. ALL PRIZE WINNERS ARE SUBJECT TO VERIFICATION AND COMPLIANCE WITH THE PROCEDURES CONTAINED IN THESE OFFICIAL RULES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT THE VERIFICATION PROCESS IS COMPLETE AND THE ENTRANT HAS CLAIMED HIS/HER PRIZE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF ENTRY IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY AND IS VOID AND WILL NOT BE DEEMED AN ACCEPTABLE ENTRY.
14. Verification of Winners: All entrants must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements of these Official Rules. The potential Prize Winner will be notified by text or telephone (or some combination of these methods) at the Administrator’s discretion after the date of the random drawing. If any potential Prize Winner cannot be contacted within three (3) business days, the Prize Winner will forfeit the prize. In the event that a prize winner is disqualified for any reason, Administrator will award the prize to an alternate winner by random drawing from among all remaining eligible entries and the same verification procedure described herein will apply to the subsequent winner. Administrator will conduct as many alternate drawings as necessary to award the prize.
Sponsor reserves the right in its sole discretion to disqualify from this Sweepstakes and any other promotions offered by Sponsor, any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any entry will be deemed submitted by the authorized account holder of the phone or text account from which it was sent, provided such account holder still meets the eligibility requirements for the Sweepstakes. The authorized account holder shall be the natural person to whom the applicable account has been assigned by the service provider or other organization responsible for assigning the phone number or text account.
15. Release: Prize Winner agrees to release and hold harmless the Sweepstakes Entities and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, any tax claim, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize.
Prize Winner also agrees Sweepstakes Entities have no responsibility for any damage to an entrant’s phone or texting equipment which is occasioned participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
By participating, you release Island Energy Services, LLC. and their parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize.
17. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's and its agents' unqualified and unconditional use of any winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
18. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify these Official Rules, the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor and/or Administrator in their sole discretion. Sponsor and/or Administrator reserve the right in their sole discretion to disqualify any individual they find to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
19. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error that may occur in the administration of the Sweepstakes or the processing of entries; or (4) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes, provided that the entrant can enter prior to the expiration of the Promotion Period. If it is not possible to award a submission of another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date prior to the discontinuance or ending of the Sweepstakes for any or all of the prizes offered herein. 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 Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. By participating in this Sweepstakes, entrants hereby agree to release and hold Sponsor and Administrator harmless from and against all losses, damages, liabilities, claims, actions, proceedings, or judgments arising out of or relating to entrant's entry or participation in this Sweepstakes, use or misuse of any prizes awarded hereunder or any use of the winner’s name, likeness, photograph, voice, opinions and/or hometown and state.
20. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to take place in the state of Hawai‘i pursuant to the Rules of the American Arbitration Association, then effective, in accordance with the laws of the State of Hawai‘i, without regard to its choice of law rules. The parties hereto consent to the jurisdiction and venue of the federal, state and local courts located in City and County of Honolulu, Hawai‘i; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event will attorneys' fees be awarded; and (3) under no circumstances will the entrant be permitted to obtain awards for, and the entrant hereby waives all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of Hawai‘i, without giving effect to any choice of law or conflict of law rules (whether of the State of Hawai‘i or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Hawai‘i.
21. Sweepstakes Results: For Sweepstakes results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to " Ho`āla Zero Emissions Gas Giveaway " c/o Island Energy Services, LLC 91-480 Malakole Street Kapolei, Hawai‘i 96707 U.S.A. Requests for a winner list must be received by October 31st, 2021.