ARBY’S HAWAIIAN GETAWAY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN.
Sweepstakes will be held from 12:00 a.m. Eastern Time (“ET”) on April 29, 2013 through 11:59 p.m. ET on May 26, 2013 (“Sweepstakes Period”).
1. ELIGIBILITY: Open to legal residents residing in one of the fifty (50) United States, including District of Columbia (D.C.), throughout the promotion period who are 18 years of age or older (or 19 in NE and AL) at the time of entry. Potential winners may be required to provide proof of legal U.S. residency if requested by Sponsor to determine eligibility and as a condition of prize award. Employees, officers and directors of National Cable Communications (the “Sponsor” and the “Administrator)); Arby’s Restaurant Group, Inc.; - and their respective parent[s], franchisees, subsidiaries, affiliated companies, TV production partners, local ad sales systems, participating local advertisers, advertising and promotion agencies, promotional suppliers, and the immediate family members (spouses, siblings, children, parents and their respective spouses, regardless of where they live), or members of the same households (whether related or not) of such employees, officers and directors are not eligible to enter or win. Void where prohibited by law.
2. TO ENTER: During the Sweepstakes Period, enter online at www.ArbysKingsHawaiian.comby completing the online entry form with all required information and submitting as instructed. All entries must be submitted by 11:59 p.m. ET on May 26, 2013 in order to be eligible. Limit one (1) entry per person per email address and per household for the entire Sweepstakes Period. Entries received from a person or email address or household after the first entry received from that person or email address or household will be void. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the authorized account holder of the email address submitted at the time of entry and he/she must comply with these Official Rules. "Authorized account holder" means the natural person who was assigned an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
3. RANDOM DRAWING: On or about May 29, 2013, a random drawing will be conducted from among all eligible entries received to award the prizes (as described below). Potential winners will be notified by telephone, postal mail, email and/or express mail, at Sponsor’s sole discretion. Potential winner will be required to execute and return an affidavit of eligibility, liability release and, unless prohibited by law, publicity release within seven (7) days of date of issuance. Inability to contact potential winner within a reasonable time period, the return of prize notification as undeliverable, the failure to return required documents within the time period specified or noncompliance with these Official Rules will result in the prize being forfeited and, at Sponsor’s discretion, prize may be awarded to an alternate winner. Odds of winning depend on the number of eligible entries received.
4. GENERAL: By participating, entrants agree [a] to these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this sweepstakes; [b] to release, discharge and hold harmless Sponsor, Prize Provider, Arby’s Restaurant Group, Inc., and their parents, franchisees, subsidiaries, affiliated companies, participating local ad sales systems, participating local advertisers, advertising and promotion agencies and promotional suppliers, and their respective directors, officers, agents, representatives and employees (collectively, the “Promotion Entities”) from any and all injuries, liability, losses and damages of any kind resulting, directly or indirectly, in whole or in part, from their participation in the sweepstakes or their acceptance, use or misuse of the prize (including any travel or activity related thereto) including, without limitation, personal injury, death and property damage, and claims based on publicity rights, copyright, trademark, defamation or invasion of privacy; and, if the winner, [c] to the use of his/her name, likeness, statements, biographical information, voice, address (city and state only) and/or photograph on a worldwide basis in perpetuity and in any and all media, now or hereafter devised, without additional compensation, permission or notification (unless prohibited by law) and agree to execute specific consent to such use if asked to do so. If winner is 18 or older (or 19 in NE and AL), but still considered a minor in his/her state of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein and must accompany such winner on trip as his/her guest. Promotion Entities are not responsible for and shall not be liable for [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, damage to participants’ systems due to entry in the sweepstakes, server malfunction or by any human error or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the sweepstakes, the processing of entries, the announcement of the prize, or in any sweepstakes-related materials; [b] failed, incomplete, garbled or delayed computer, cable, satellite, Internet Service Provider (ISP) or telephone transmissions or telephonic communications; [c] lost, late, garbled, inaccurate, misdirected, damaged, delayed, undeliverable or incomplete entries; or [d] any condition that may cause the sweepstakes to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the sweepstakes should fraud, misconduct, technical failure, viruses, bugs or other causes corrupt the administration, security or proper play of the sweepstakes. If terminated, Sponsor may, at its discretion, award the prize via a random drawing from among all non-suspect, eligible entries received prior to termination. Sponsor reserves the right to disqualify any individual who tampers with the entry process, or who disrupts the administration of this Sweepstakes, who intends to annoy, abuse, threaten or harass any other entrant or Sponsor representative or who is otherwise in violation of these Official Rules and void all associated entries. CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and entry information become property of Sponsor and will not be returned. All applicable federal, state and local regulations apply. Entry must be made by the entrant only at the authorized website address. Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites. Any individual who enters by any of the methods described above will be disqualified and all associated entries will be void. Use of script, macro or any device to automate entry is prohibited and all associated entries will be void. Sponsor reserves the right to substitute prize (or portion thereof) with one of comparable or greater value, at its sole discretion. No other substitution or transfer is permitted.
5. ENTRY INFORMATION: Please note that by entering this sweepstakes and by checking the “opt-in” boxes (as applicable), you are signifying your consent to receiving promotional and other mailings from Sponsor, participating cable providers (as applicable) and their promotional partners, with whom they may choose to share your information. Consenting to receive such mailings is optional, does not have to be agreed to in order to be eligible to enter the sweepstakes and does not improve your chances of winning.
6. PRIZES: There will be one (1) Grand Prize (“Prize”) awarded. Grand Prize winner (“Grand Prize Winner”) will receive a trip for two (2) to Honolulu, HI, including the following: Round trip economy class air transportation for Winner and one (1) Guest from a major commercial airport near Winner’s home (as determined by Prize Provider in their sole discretion), to Honolulu, HI; four (4) nights standard hotel accommodations (one room, double occupancy, room and tax only), at Hilton Hawaiian Village (or similar hotel as subject to availability and determined by Prize Provider in their sole discretion); Fresh Flower Lei Greeting upon arrival to Honolulu Airport; Mid-size car rental for duration of stay; Choice of one (1) activity per person, consisting of Luau for two (2) at the Hilton Hawaiian Village ORCatamaran cruise; $500 American Express gift card; Premium group lesson for winner and guest at Hawaiian Fire Surf School. The Approximate Retail Value (“ARV”) of Grand PrizeTrip is four-thousand-eight-hundred-twenty-eight-dollars-and-no-cents ($4,828.00). If Grand Prize Winner elects to partake in any or all portions of his/her Prize with no Guest, the Prize will be awarded to Grand Prize Winner and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. Similarly, if Grand Prize Winner and/or Guest elects to not partake in any portions of his/her Prize, that portion of Prize will be forfeited and shall not be subject to further or alternative compensation. All elements of the Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Winner is between the ages of eighteen (18) and twenty-one (21), he/she must be accompanied by an adult of at least twenty-one (21) years of age in order to check into the on-site hotel. If both the winner and guest are under the age of 25 years old, round trip ground transportation to/from the airport will be provided in lieu of a rental car, with no additional or alternative compensation. Specific travel dates and arrangements are subject to air travel, holiday, blackout dates, and other prize and travel restrictions. Trip must be completed within one (1) year from the end-date of the promotion or Prize will be forfeited. Reservations are subject to availability and black-out periods. Trip must be booked at least sixty (60) days prior to intended departure date. Travel dates are subject to Prize Provider and Sponsor approval. ARV of Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated ARV and final ARV of Prize will not be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including, without limitation, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.), are included in the Prize and all such expenses are the sole responsibility of Winner. Winner is responsible for any air travel taxes and/or expenses, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Prize Provider. All Prize elements must be redeemed at the same time.
Runner-Up Prizes (10): Ten (10) Runner-up Prizes will be awarded, each consisting of one (1) Arby’s gift card worth ten-dollars ($10) of Arby’s® products, to be redeemed exclusively in Arby’s restaurant locations with no cash substitutions permitted. Total Approximate Retail Value of all Runner-up Prizes is one-hundred dollars ($100.00). Total Approximate Retail Value of all Sweepstakes prizes is four-thousand-nine-hundred-twenty-eight-dollars-and-no-cents ($4,928.00).
If due to a printing, production or other error, more prizes are claimed than are intended to be awarded for any prize level per the above, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received for that prize level. In no event will more than the stated number of prizes be awarded.
Any taxes due as a result of Winner’s acceptance of the Prize is the sole responsibility of Winner, and Winner may be issued a Form 1099 for next-tax season. For a winner who is a Hawaii resident, air transportation may be substituted with another method of transportation by Prize Provider in its sole discretion.
7. WINNER’S NAMES: For the name of winners (available after June 20, 2013) mail a hand-written request and a self-addressed, stamped envelope to: National Cable Communications, Attn: NCC Promotions, 405 Lexington Avenue 6th Floor, New York, NY 10174, for receipt by July 20, 2013.
8. SPONSOR: This sweepstakes is sponsored by National Cable Communications, 405 Lexington Avenue, 6th floor, New York, NY 10174.
9. ADMINISTRATOR: This sweepstakes is being administered by National Cable Communications. Administrator is responsible for the processing of entries and administration of the Sweepstakes. For any questions, comments or problems, contact NCC Promotions, 420 Lexington Avenue, 6th floor, New York, NY 10174.
10. PRIZE PROVIDERS: The Arby’s gift card portion of the prize for this sweepstakes is provided by Arby’s Restaurant Group, Inc. and/or its franchisees; the Hawaii trip portion of the prize is provided by National Cable Communications; the surfing lesson portion is provided by Hunter Public Relations.