Texaco In Hawai‘i Car Wash Giveaway 10.26.20 – Facebook and Instagram
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. Eligibility: The “Texaco In Hawai‘i Car Wash Giveaway 10.26.20” (the “Contest”) on Facebook and Instagram is open only to legal residents or active duty military and their dependents stationed in Hawai‘i. Employees, officers, and directors of Island Energy Services, LLC (“Sponsor”), their subsidiaries, affiliated companies, advertising and promotion agencies and those associated with this Contest (collectively the “Contest Entities”), are not eligible to participate. Employees of Island Energy Services, LLC and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. This Contest 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. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Sponsor’s decisions, which are final, conclusive and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
Entrants are eligible to win the Contest once for the duration of the contest.
2. Sponsor: Island Energy Services, LLC, 91-480 Malakole Street Kapolei, Hawai‘i 96707 (the “Sponsor”).
3. Timing: The Contest begins on Tuesday, October 26, 2020 at 12:01 a.m. Hawai‘i-Aleutian Standard Time (“HAST”) and ends on Sunday, November 8, 2020 at 11:59 p.m. HAST (the “Promotion Period”). The Sponsor’s computer is the official time keeping device for this Contest.
Sponsor reserves the right to modify, extend, suspend, or terminate the Contest, in whole or in part, if it determines, in its sole discretion, that the Contest 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 Contest as contemplated herein. If the Contest 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.
4. Prizes: Twenty (20) winners will be randomly selected. Each winner will receive one (1) voucher for a free car wash (usable at Kapolei Texaco, Kamokila Texaco, Waiākea Texaco, Keolu Texaco, Kailua Texaco). The value of each voucher is up to $16.
5. Odds of Winning: Odds of winning depend upon the number of eligible entries received during each respective Entry Period.
6. How to Enter: NO PURCHASE NECESSARY TO ENTER. Participants may enter in the following ways:
1) Throughout the Promotions Period, entrants must follow Texaco in Hawai‘i on Instagram AND tag a friend in the comments. One entry per tag (the more tags, the more entries).
All posts must be received before the end of the Promotions Period. All charges associated with your posting on Instagram will be according to the terms in your Service Agreement with your wireless carrier and in accordance with that carrier’s Terms and Conditions applicable to such customer’s particular rate plan and a premium text messaging charge. Each wireless carrier’s rate plan may vary, and Entrants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Contest.
2) Throughout the Promotions Period, entrants must follow Texaco in Hawai‘i on Facebook AND tag a friend in the comments. One entry per tag (the more tags, the more entries.
All posts must be received before the end of the Promotions Period. All charges associated with your posting on Facebook will be according to the terms in your Service Agreement with your wireless carrier and in accordance with that carrier’s Terms and Conditions applicable to such customer’s particular rate plan and a premium text messaging charge. Each wireless carrier’s rate plan may vary, and Entrants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Contest.
3) As an alternate means of entry, customers may enter by sending a standard 3” x 5” card with the date, their name, their valid Hawai‘i address, daytime phone number, date of birth and e-mail address. Completed 3” x 5” cards must then be mailed to “Texaco In Hawai‘i Car Wash Giveaway 10.26.20” c/o Island Energy Services, LLC, 91-480 Malakole Street Kapolei, Hawai‘i 96707. Mail in entries be received by Friday, November 6, 2020.
7. Rights Granted by You: By entering this content (e.g., photo, video, text, etc.), you understand and agree that Island Energy Services, Inc. and anyone acting on behalf of Island Energy Services, Inc. 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.
Additionally, by entering this, you represent and warrant that you meet eligibility requirements, you have legal authority to use the phone or texting implement, and that your entry does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Island Energy Services, LLC. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Island Energy Services, LLC and their licensees, successors, and assigns from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Island Energy Services and their licensees, successors, and assigns may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
8. Random Drawing: Twenty (20) random drawings will be conducted at the end of the Promotion Period to select twenty (20) Prize Winners from among all eligible entries received. The random drawing will be conducted on or about the next business day following the Promotion Period by the Sponsor whose decisions are final, binding and conclusive in all matters relating to the Contest. All drawings will be conducted at a location to be determined by the Sponsor. The PRIZE WINNERS must be able to accept the 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.
9. ALL POTENTIAL 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.
10. 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 Winners will be notified by text or telephone (or some combination of these methods) at the Sponsor’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 potential winner is disqualified for any reason, Sponsor may, in its sole discretion 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.
Sponsor reserves the right in its sole discretion to disqualify from this Contest and any other promotions offered by Sponsor, any individual who is found to be tampering with the entry process or the operation of the Contest 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 Contest, 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 Contest. 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.
11. Release: Prize Winners agree to release and hold harmless the Contest 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 Contest or receipt or use or misuse of any prize.
Prize Winners also agree Contest Entities have no responsibility for any damage to an entrant’s phone or texting equipment which is occasioned participating in the Contest, 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, Inc. 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 Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize.
This Contest is not endorsed, sponsored or administered by Instagram and/or Facebook. Instagram and/or Facebook is not associated with this Contest. Additionally, winners release Instagram and Facebook from any responsibility to entrants or participants.
13. Publicity: Except where prohibited, participation in the Contest 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.
14. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify these Official Rules, the Contest, 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 Contest, as determined by Sponsor in their sole discretion. Sponsor 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 Contest 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 Contest 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.
15. 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 Contest; (3) technical or human error that may occur in the administration of the Contest 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 Contest 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 Contest, 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 Contest, 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 Contest 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 Contest, entrants hereby agree to release and hold Sponsor 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 Contest, 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.
16. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest 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 Contest, 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 Contest, 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.
17. Contest Results: For Promotion results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to “” Texaco In Hawai‘i Car Wash Giveaway 10.26.20” 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 11/30/20.