Maui and Sons Sweepstakes Rules
NO PURCHASE IS NECESSARY TO ENTER, PLAY OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE SWEEPSTAKES IS OPEN TO LEGAL RESISDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT TIME OF ENTRY.
1. DESCRIPTION OF SWEEPSTAKES: Entrants will have the opportunity to enter to win one of two (2) grand prize packages from FGX International Inc. (the “Sponsor”). Entrants must fill out an official entry form available at the Maui and Sons sunglass display at participating ACME, ALBERTSONS, CUB, FARM FRESH, HORNBACHER’S, JEWEL-OSCO, SHAW’S/STAR MARKET, SHOP ‘N SAVE and SHOPPERS stores (the “Participating Stores”).
2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) United States (excluding New York and Florida) and the District of Columbia (as of the time of entry and through completion of the Sweepstakes and who are eighteen (18) years of age or older as of the start date of the Sweepstakes. Employees of Sponsor, SUPERVALU INC., Maui and Sons, Inc, and each of their parent companies, subsidiaries, affiliates, promotion and other vendor agencies involved in this Sweepstakes (collectively, the “Sweepstakes Parties”), as well as the immediate family members (defined as spouse, parents, siblings and children; whether biological, adopted, step or in-law) and household members of such employees, are not eligible to enter or win. Void in New York and Florida, and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
3. SWEEPSTAKES TIMING: The Sweepstakes will begin at 12:00:00 a.m. Eastern Standard Time (“EST”) on May 21, 2012 (although actual date of availability of entry pads may vary by store) and will end at 11:59:59 p.m. EST on August 31, 2012 (the “Sweepstakes Entry Period”), but entry into the Sweepstakes is only available while entry forms remain available.
4. HOW TO ENTER: During the Sweepstakes Entry Period, visit the Maui and Sons sunglass display at any of the Participating Stores to obtain an official entry form. To enter, hand print your first and last name, complete address, age, valid email address and phone number on the official entry form or on a 3” x 5” card, and mail the entry in a hand addressed, standard business size envelope by first-class mail with proper postage pre-paid to: Maui and Sons Sunglasses “Hawaiian Getaway” Sweepstakes, c/o FGX International Inc., 500 George Washington Highway, Smithfield, Rhode Island 02917. Entries must be postmarked by August 31, 2012 and received by the Sponsor by September 7, 2012. Limit one (1) entry per person. Limit one (1) entry per outer mailing envelope. If Sponsor discovers more than one (1) entry is received from the same person, all such entries from that person and/or email address will be disqualified. No entries may be submitted on behalf of another person. No mechanically reproduced entries or envelopes are permitted. Sponsor is not responsible for lost, late, illegible, misdirected, damaged, incomplete or post due mail/entries.
5. PRIZE DETAILS/ODDS OF WINNING: Two (2) Maui and Sons Sunglasses “Hawaiian Getaway” Sweepstakes grand prize packages, each consisting of a trip for the winner and one (1) guest to Maui, Hawaii. Each package includes:
a. Round trip coach air fare for winner and guest between the major United States gateway airport closest to the winner’s residence and Kahului Airport located in Maui, Hawaii (with possible layovers, as determined solely by Sponsor).
b. Round trip ground transfers between Kahului Airport and hotel.
c. Double occupancy hotel accommodations consisting of one (1) standard room with a maximum of two (2) persons per room for four (4) nights at hotel in Maui to be determined by Sponsor.
d. Five Hundred Dollars ($500.00) spending cash for the winner.
Odds of winning are dependent on number of eligible entries received. The total approximate retail value (“ARV”) for each grand prize awarded in the Sweepstakes is $3,500.00. Actual retail value may vary and depends on location of winner’s residency and dates of travel. Any difference between actual value and ARV will not be awarded. All other expenses not specifically provided herein are the responsibility of the winner. Sponsor reserves the right to substitute a prize (or portions thereof) of equal or greater value if the prize (or portions thereof) cannot be awarded as described or become unavailable for any reason. Sponsor will determine all elements of prizing in its sole discretion. Travel restrictions, conditions, limitations and blackout dates may apply. Trip must be completed within one (1) year of award date. Winner and his/her guest must travel on the same itinerary. If winner is an eligible minor, his/her guest must be his/her parent or legal guardian. Guest of winner may not be a minor unless the winner is such guest’s parent or legal guardian.
Total ARV for all prizes awarded in this Sweepstakes is $7,000.00.
6. WINNER SELECTION AND NOTIFICATION: This is a game of chance. Potential winners will be selected at random from all eligible entries on or about September 7, 2012. Limit one (1) grand prize package per household. Each potential winner will be notified within one week of the drawing by postal mail at the address provided on his/her entry form (the “Winner Notification”). Included with the Winner Notification will be an Affidavit of Eligibility and Liability/Publicity Release (“Prize Claim Form”) and a Guest Liability/Publicity Release (“Guest Form”). Potential winner (or potential winner’s parent/legal guardian if potential winner is an eligible minor) will be required complete, sign and return the Prize Claim Form (where legal) within ten (10) days of the postmark date on the Winner Notification, or the prize will be forfeited and may be awarded to an alternate potential winner selected at random from the remaining eligible entries. Winner’s guest (or winner on behalf of guest if winner is the parent/legal guardian of such guest) must sign the Guest Form thirty (30) days prior to travel and prior to confirming reservations. If Winner Notification is returned as undeliverable, if potential winner fails to complete and return Prize Claim Form in a timely manner as directed, if potential winner fails to have his/her guest sign the Guest Form in a timely manner (as determined by Sponsor), or if Sponsor determines that a potential winner is ineligible or not in compliance with these Official Rules, the respective prize will be forfeited and may be awarded to alternate potential winner in a random drawing of the remaining eligible entries. Sponsor will make up to three (3) attempts to award each prize and if prize remains unclaimed, prize may not be awarded in Sponsor’s sole discretion. Travel companion (or his/her parent/legal guardian if a minor in his/her state of residence) must complete, sign and return a Liability/Publicity Release (where legal) thirty (30) days prior to travel and prior to confirming reservations.
7. AGREEMENT TO OFFICIAL RULES: Submitting an entry or accepting a prize in the Sweepstakes constitutes full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent on fulfilling all requirements set forth herein. Prizes may not be transferred, and no substitution or cash redemption of prizes is allowed except that the Sponsor reserves the right to substitute a prize of equal or greater value if a featured prize becomes unavailable or cannot be awarded as described for any reason. Taxes (federal, state, and local) on prizes are the sole responsibility of the winners, and winners will receive an IRS Form 1099 for the retail value of the prize. Winner is responsible for any costs or expenses associated with their acceptance and use of a prize.
8. GENERAL TERMS: By entering, participants agree to release and hold harmless each of the Sweepstakes Parties, and each of their respective directors, officers, employees, and agents (collectively the “Released Parties”) from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with this Sweepstakes or any prize won, including any injuries, loss or damage of any kind arising from or in connection with participation in the Sweepstakes, acceptance, use or mis-use of a prize, or participation in and/or travel to/from any prize-related event. The Released Parties are not responsible for any typographical or other errors in the printing of this offer, administration of the Sweepstakes or in the announcement of the prize. The Sponsor reserves the right to abbreviate, modify, suspend, cancel or terminate the Sweepstakes if the Sponsor determines (in its sole discretion) that (a) fraud, misconduct or technical failures destroy the integrity of the Sweepstakes, (b) any event corrupts the administration or security of the Sweepstakes, or (c) the integrity and/or feasibility of the Sweepstakes is or could be undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control. In such event, the Sponsor reserves the right, but not the obligation, to award the prizes from among all valid and eligible entries received up to the time of such event. Sponsor reserves the right to prohibit the participation of an individual if fraud, tampering or unsportsmanlike conduct is suspected, or if the entrant fails to comply with any requirement of participation as stated in these Official Rules. All entries become the property of the Sponsor and will not be returned. By entering and accepting a prize, each winner grants (and agrees to confirm such grant in writing promptly upon request) to the Sponsor the right to the use of his/her name, photograph, likeness, voice, image, and statements at any time or times for advertising, trade, publicity and promotional purposes in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law.
9. LIMITATION OF LIABILITY, DISPUTES, ARBITRATION AND CHOICE OF LAW: IN NO EVENT WILL ANY OF THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF PARTICIPANT’S ACTION TO PARTICIPATE IN THE SWEEPSTAKES. ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Except where prohibited, participants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes shall be resolved individually, without resort to any form of class action, and exclusively by an action in the Federal or State Courts located in the State of Rhode Island, Providence County and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will participant be permitted to obtain awards for and entrant hereby waives all rights to claim 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 participant and the Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Rhode Island without regard for conflicts of law doctrine of any jurisdiction.
10. WINNER LIST: The name of each winner may be obtained by sending a self-addressed, stamped envelope postmarked by September 15, 2012 to: FGX International Inc., 500 George Washington Highway, Smithfield, RI 02917, Attention: Maui and Sons Sunglasses “Hawaiian Getaway” Sweepstakes Winner List.
11. SPONSOR: FGX International Inc., 500 George Washington Highway, Smithfield, RI 02917.
ALBERTSONS, ACME, FARM FRESH, CUB, HORNBACHER’S, JEWEL-OSCO, SHAW’S, STAR MARKET, SHOP N’ SAVE and SHOPPERS are trademarks owned by SUPERVALU INC. or its subsidiaries.