Vacation To Aulani Rules

Vacation To Aulani Resort

OFFICIAL SWEEPSTAKES RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

SWEEPSTAKES DESCRIPTION: The “Vacation To Aulani Resort” Sweepstakes (“Sweepstakes”) will start on Monday, September 18, 2023, and end on Friday September 29, 2023 (“Sweepstakes Period”). Sixty (60) Qualifying Winners will each be awarded one (1) Disney Gift Card valued at Twenty-Five Dollars (ARV $25). One (1) Grand Prize Winner will be awarded a prize package to include the following elements: one (1) roundtrip Southwest Airlines flight e-passes for the Grand Prize Winner and three guests (the “Group”) to Honolulu, Hawaii; one (1) four-pack of vouchers for the Group for roundtrip ground transfers between the Honolulu International Airport and Aulani, A Disney Resort & Spa in Ko Olina, Hawaii; four (4) night’s room accommodations to include of one (1) standard room for the Group at Aulani, A Disney Resort & Spa in Ko Olina, Hawaii; and one (1) Resort Credit Voucher, valued at Two Hundred Dollars, to use at Aulani, A Disney Resort & Spa in Ko Olina, Hawaii (Total ARV $5,248; subject to fluctuations of hotel rates and airfares).

Prizes are provided courtesy of Disney Destinations, LLC (“Disney”). This Sweepstakes is in no way sponsored, endorsed or administered by Walt Disney World® or any of its subsidiaries or affiliates.

See below for further details.

EligibilitY:

1. listeners of KKBQ-FM (“Sponsor” and/or “Promoter[LK1] [AK2] ”) who are (i) legal residents of theUnited States residing within the Houston, Texas metropolitan area; (ii) 21 years of age or older at the commencement of the Sweepstakes Period; and (iii) have internet access as of the start of the Sweepstakes Period. Only eligible participants will be able to take part in this Sweepstakes and win the Prize.

• Employees of the Sponsor, Radio One of Texas II, LLC (“Company”), Disney, and[LK3] [AK4]  each of their respective parents, officers, directors, subsidiaries, affiliates, general sponsors, advertisers, competitors, promotional partners, members of the immediate families, and members of the households (whether related or not) of any of the above are NOT eligible to participate or win in this Sweepstakes.  For purposes of this Sweepstakes, immediate family members mean spouses, parents, grandparents, children, and siblings and their respective spouses.

• Persons who have won a prize in another promotion of any kind from the Sponsor within the thirty (30) day period immediately preceding the start date of this Sweepstakes are not eligible to participate. Only one person per family or household (whether related or not) may win in any promotion from the Sponsor during any thirty (30) day period.

• Participants agree to abide with any applicable federal, state, local laws, and regulations.

HOW TO ENTER / EXECUTION:

There is one (1) way to enter: via text message.

During the Sweepstakes Period, participants must listen to the Sponsor’s weekday broadcast for the Aulani Magical Keywords (“Keywords”) to be announced. Keywords shall be given six (6) times per day at the following times: 7:00AM, 9:00AM, 11:00AM, 1:00PM, 3:00PM, and 5:00PM CDT. Each time will have its own unique Keyword valid for entry during that hour. Only text entries received during the six (6) specified daily hours will be eligible to win. Any entries received after 8:00AM, 10:00AM, 12:00PM, 2:00PM, 4:00PM, and 6:00PM will be void.

To enter the Promotion and sign up for the Sponsor text club, first text the unique Keyword to 52140. You will then be sent a text message inviting you to enter the Promotion and sign up for the Sponsor text club. Reply “Y” to complete entry and text club sign-up. By signing up for the text club, you agree to receive autodialed Sponsor and third-party ads to the number you provide.  Consent to receive texts is not required for purchase of any good or service from Sponsor. All text message entrants must have a text messaging two-way capable handset and digital service in order to enter the Promotion using the text messaging method. Text message entrants will be sent a text message to confirm or reject entry into a Sweepstakes. Text STOP to stop and HELP for help. Text-message entries may be subject to fees under the terms of the entrant’s cell-phone/text messaging subscription plan (contact your carrier for pricing plans and details). Text messaging and wireless service are not available in all areas. If any dispute arises as to identity of any text-message entrant, the entrant will be considered the authorized account holder. “Authorized Account Holder” is defined as the natural person who is assigned a number by the cellular provider or as shown on the cellular provider’s records, or the natural person authorized to use the number by an entity that is shown on the cellular provider’s records for that number.

CONDITIONS APPLICABLE TO ALL ENTRIES: Entries must be received by the end of the Sweepstakes Period to be eligible. Limit one entry per person throughout the Sweepstakes Period. Entries received from any person in excess of the stated limitation will be void if discovered by Sponsor. Illegible and incomplete entries are void.

Winner DETERMINATION, Notification, and Acceptance:

After the close of the Sweepstakes Period, sixty (60) Qualifying Winners and one (1) Grand Prize Winner (collectively, “Winners”), shall be randomly selected from among all eligible entries received. Odds of becoming a Winner depend on the number of eligible entries received. Sponsor will attempt to notify potential winners by email and/or telephone, and potential winners must respond within five (5) days of initial contact attempt. Potential winners will be asked to provide their full name, telephone number (including area code), date of birth, street address, and/or email address. Potential winners may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), and/or any other documents required by Sponsor, and if so, required documents must be signed and returned within three business days of date appearing on prize notification. Prize will be awarded only upon winner verification and final approval by Sponsor. If potential winners do not respond by the deadline set forth above, if potential winners do not claim the prize by the deadline, if prize notification is returned as undeliverable, if potential winners fail to sign and return requested documentation within the specified time period, and/or if potential winners are not in compliance with these Official Rules, including eligibility requirements, they may be disqualified and, at Sponsor’s sole discretion, an alternate winner(s) may be selected, time permitting, by random drawing from remaining eligible entries. Winner may be instructed to come to the offices of the Sponsor located at the address set forth below during regular business hours to claim the Prize, and, if so, Winner will be given a deadline to do so. If Sponsor mails prize to Winner, Sponsor is not responsible for loss, delay, or damage in delivery. Winner may be required to provide valid identification (e.g., via valid state-issued driver’s license, passport or other government-issued I.D. containing the person’s name, date of birth, and photograph) to claim the prize. If so, identification documents must match information previously provided to the Sponsor. The prize may be claimed only by the actual winner. Friends and family members are not eligible to claim the prize on behalf of the winner. Released Parties (defined below) shall not be liable for any claims made by ineligible entrants.

PRIZE: This Sweepstakes contains two prize packages: one (1) prize package for the Qualifying Winners and one (1) prize package for the Grand Prize Winner. Prize packages are subject to the below Vacation Guidelines, and shall be awarded as follows:

The following Qualifying Prize elements shall be awarded:

• One (1) Disney Gift Card in the amount of Twenty-Five Dollars (ARV $25)

The Disney Gift Card can be used at select participating locations at Walt Disney World® Resort, Disneyland® Resort, Disney Cruise Line, Disney store locations in the U.S., Canada, and Puerto Rico, shopDisney.com: http://shopdisney.com, DisneyPhotoPass, Adventures by Disney®, Aulani, A Disney Resort & Spa, and Disney’s Beach Resorts. It cannot be used toward the purchase of a Disney Vacation Club Membership. Visit DisneyGiftCard.com: http://disneygiftcard.com for complete terms and conditions. Additional restrictions may apply.

The following Grand Prize elements shall be awarded:

• One (1) four-pack, roundtrip Southwest Airlines flight e-passes for the Group to Honolulu, Hawaii;
• One (1) four-pack of vouchers for the Group for roundtrip ground transfers between the Honolulu International Airport and Aulani, A Disney Resort & Spa in Ko Olina, Hawaii;  
• Four (4) night’s room accommodations to include of one (1) standard room for the Group at Aulani A Disney Resort & Spa in Ko Olina, Hawaii; and
• One (1) Resort Credit Voucher, valued at Two Hundred Dollars, to use at Aulani, A Disney Resort & Spa in Ko Olina, Hawaii

(Total ARV $5,248; subject to fluctuations of hotel rates and airfares)

Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No substitution of prize is offered, and the prize may not be transferred to a third party. Non-cash prizes may not be redeemed for cash value, except as determined by Sponsor in its sole discretion. The Sponsor reserves the right to substitute an item of equal or greater value if an advertised prize element is unavailable. All federal, state, and local taxes on the prize, and any other costs, fees, and expenses associated with prize acceptance and use not specifically provided for herein are the sole responsibility of the winner. Properly claimed prize will be awarded, but in no event will Sponsor award more prizes than are provided for in these Official Rules. 

VACATION GUIDELINES: Winning vacation rules include, but are not limited to the following:

1. Official Rules. Promoter will cause the Official Rules for the Sweepstakes to comply with all applicable laws and regulations and to include applicable provisions substantially similar to the following (subject to Disney’s approval):

• Travel and lodging for the Vacation Package awarded by Promoter must be completed prior to December 15, 2024. The winner and up to three (3) guests (each a “Guest”; collectively “Guests” and together with the winner, the “Group”) must travel together on the same itinerary, and air transportation must be round-trip from/to the same Departure Airport/Arrival Airport. Roundtrip, coach Southwest Airlines travel for the Group shall be booked between the major United States gateway airport closest to the Winner’s residence (“Departure Airport”) and Honolulu International airport (“Arrival Airport”) as chosen by Disney (with possible layovers, subject to Air Travel Restrictions set forth in Official Rules; provided, however, if the winner resides on the island of Oahu, airfare will not be provided) (airport, airline carrier and flights to be selected by Disney in its sole and absolute discretion).

• Vacation Package fulfillment and travel are subject to certain restrictions, air travel/flight availability, and certain hotel/room availability at the Premises. The Vacation Package must be booked through a travel agent as designated by Disney at least forty-five (45) days prior to arrival. Block-out dates apply. No extensions will be granted. Certain travel and lodging restrictions apply including airline carrier’s regulations and conditions. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. Promoter and Disney are not liable for any expenses incurred as a consequence of flight cancellation/delay.

• Air Travel Restrictions for travel aboard Southwest Airlines: Air travel is subject to Southwest Airlines terms and conditions; certain restrictions may apply. Round trip travel for four (4) on Southwest Airlines will be awarded in the form of eight (8) Southwest flight e-passes. Each Southwest flight e-pass is valid for one-way travel on Southwest Airlines-operated, published, scheduled service in the United States and Puerto Rico. The Southwest flight e-pass will bear the date of issue and the date of expiration. Expiration dates will not be extended, and travel must be completed on or before the expiration date. The Southwest flight e-pass is not valid on interline or codeshare service. The Southwest flight e-pass is non-refundable and is not redeemable for cash or credit. The Southwest flight e-pass will not be replaced for any reason, including, without limitation, if lost, stolen, or fraudulently used. The Southwest flight e-pass is non-transferrable and cannot be sold to a third party. Sale, auction, or re-tendering of the Southwest flight e-pass for money or otherwise is strictly prohibited. The Southwest flight e-pass may not be used for promotional purposes unless previously approved by Southwest Airlines. Any suspected fraud, misrepresentation, misuse, abuse or violation of the Southwest flight e-pass rules and regulations may result in cancellation of the Southwest flight e-pass(es). Southwest flight e-pass holders are required to be nineteen (19) years of age or older and a legal U.S. resident. However, the recipient of a Southwest flight e-pass may arrange travel for another person if done without selling or bartering a Southwest flight e-pass. Air transportation by Southwest Airlines is subject to Southwest Airlines’ Passenger Contract of Carriage set out at www.southwest.com/contractofcarriage.

• If the winner does not live in a city served by Southwest Airlines, he/she is responsible for transportation to and from the nearest airport served by Southwest Airlines. Winner is responsible for booking all travel and paying all applicable international taxes and fees. Travel is based on seat availability. Seats on any desired flight are not guaranteed. Winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents. Winner and guest(s) must have valid government-issued photo identification at the time of travel. If a travel guest is a minor, winner must be his/her parent/guardian, or be accompanied by his/her parent/guardian. Any and all disputes, claims and causes of action arising out of or in connection with the Prize described for air travel provided by Southwest Airlines or the use thereof shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys’ fees. THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE FOR AIR TRAVEL PROVIDED BY SOUTHWEST AIRLINES OR THE USE THEREOF SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS.

• Winners must be at least nineteen (19) years of age to enter and win. A Guest under the age of majority must be accompanied by his/her parent/legal guardian who must be at least the age of majority and both will be deemed Guests of the winner (unless the winner is the Guest’s parent or legal guardian). Once selected by winner, Guests cannot be changed without the express consent of Disney, which may be withheld for any reason.

• Vacation Package and its components may not be used in conjunction with any other promotion or offer, separated, sold, exchanged, or redeemed for cash, traded, transferred, substituted, assigned, or rescheduled to dates other than as set forth above, except in Disney’s sole and absolute discretion. The Vacation Package will not include the following: transportation from/to winner’s residence, transportation to/from Departure Airport, transportation to/from the Premises if winner resides on the island of Oahu, airport departure fees, baggage fees; insurance (health, travel, medical); parking fees (unless stated otherwise); room service, laundry service, spa treatments; food or beverages; merchandise, souvenirs; incidental expenses; local or long distance telephone calls; tips, gratuities, service charges; or any taxes; or any other charges not explicitly included herein.

• All elements of the Vacation Package must be used by the Group on the same dates during the redemption of the Vacation Package. Any portion of the Vacation Package not accepted or used by winner will be forfeited.

• Entertainment and other elements of the Vacation Package may be seasonal and subject to change without notice.

1. A winner may not charge any Guest for participating in the Prize. Prizes are awarded “as is” with no warranty or guarantee, expressed or implied, being provided by Promoter or Disney.

1. The winner and his/her Guests are responsible for having valid travel documents including government issued identification and/or passports, as applicable.

1. The winner will not receive compensation for any element(s) of the Vacation Package that any participant(s) is unable to use for any reason, and such unused portion(s) of the Vacation Package will be forfeited. If the winner chooses to bring less than the allotted number of Guests, the Vacation Package will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the winner.

1. The winner and his/her Guests will be required to execute a liability/publicity/COVID-19 release and waiver form prior to booking of any travel. Failure to return the executed release form within the specified time period will result in forfeiture of the Vacation Package. Winner acknowledges that he/she is solely responsible for any actions, claims or liabilities of the Group, related to any use or misuse of the prize or any prize-related activity or travel.

1. Any damaged, lost, or stolen travel vouchers or gift cards will not be replaced. Gift cards are not redeemable or exchangeable for cash (except as required by law) and are subject to all terms and conditions of use as established by issuer.

1. There may be specific instructions and requirements for all visitors to Hawaii, which may include mandated quarantine or pre-travel testing. The winner and his/her Guests are solely responsible at their own cost for staying updated on and complying with any of the latest advisories, restrictions and travel alerts that may be in place for travel to Hawaii leading up to the planned stay. State requirements are subject to change.

1. The actual value of the Vacation Package may vary depending on point of departure and fluctuations of hotel rates and airfares. Any difference between the approximate retail value and the actual cost of the/each Vacation Package will not be awarded.

1. Federal, state and local taxes relating to the prize are the responsibility of the winner and Promoter will issue all tax forms including a 1099 form to the winner.

1. [AK5]  Promoter is the sponsor of the Sweepstakes.

1. Disney, its parent, related, affiliated and subsidiary entities and their respective officers, directors, agents, employees and assigns will be released and discharged from any and all legal claims, losses, injuries, demands, damages, actions, and/or causes of actions that arise out of and/or are in any way related to the prize, the receipt, use and/or enjoyment of the prize, or prize-related activity including travel, the Promotion or the Sweepstakes.

• All disputes arising out of or relating to any prize provided by Disney shall be resolved by applying the laws of California, without regard to conflict of law rules, and shall be solely and exclusively brought in state or federal courts within Orange County, California. Such claims shall be resolved individually, without resort to any form of class action, and all such claims shall be limited to actual out-of-pocket costs incurred, but in no event to include attorneys’ fees.

• In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of the Official Rules, the Official Rules shall prevail and govern.

NOTE: Items that are not included as part of the winning vacation package(s) are: meals, hotel room service, laundry service, alcoholic beverages, merchandise, souvenirs, etc., local and long-distance telephone calls, tips, gratuities, service charges or taxes. All other charges and items not otherwise described above.

HEALTH AND SAFETY:

1. Due to the ongoing threat of COVID-19, certain events, venues, and/or governmental authorities may have health and safety protocols in place. By registering, participants agree to adhere to all applicable health and safety protocols, including but not limited to: mask or facial covering requirements, social distancing, proof of vaccination against COVID-19, or proof of a negative COVID-19 test. Failure to adhere to all applicable health and safety protocols may result in denial of entry or being asked to leave the event[LK6] [AK7] .

• Health and safety protocols are subject to change without notice. Participants are responsible for informing themselves about the current status of all applicable health and safety protocols at the time of the event.

• Sponsor, Company, prize providers, and any other Sweepstakes parties are not responsible for substituting prizing should participants or winner(s) fail to comply with applicable health and safety requirements.

GENERAL CONDITIONS: Entrant agrees that it is entrant’s responsibility to participate in the Promotion and to use the prize (if applicable) in a manner that is safe for entrant and third parties. By entering, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Promotion without the prior consent of the Sponsor, which Sponsor may withhold in its sole discretion. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Promotion. Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Promotion; (b) has failed to comply with or has attempted to circumvent these Official Rules; (c) has committed fraud or attempted to undermine the legitimate operation of the Promotion; or (d) has acted toward Sponsor, any other entity affiliated with the Promotion, or any other entrant in an unfair, inequitable, annoying, threatening, disrupting, or harassing manner. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules. If there is a conflict between any term of these Official Rules and any marketing or entry materials used in connection with the Promotion, the terms of these Official Rules will govern. 

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), Website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, 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 Promotion, including, without limitation, errors or difficulties that may occur in connection with the administration of the Promotion, the processing of entries and/or updates, the announcement of the prize and winner, or in any other Promotion-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or used in the Promotion. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Promotion or downloading materials from or use of the Website. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes that, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Promotion and, if terminated, select the potential winner by random drawing from all eligible, non-suspect entries received prior to action taken, or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances, if possible. If Sponsor terminates the Promotion, Sponsor will announce the termination via the Website.  

RELEASE OF LIABILITY AND ASSUMPTION OF RISK: By participating in the Sweepstakes and accepting the Prize, Winner(s) are aware and understand that travel to Aulani, A Disney Resort & Spa in Ko Olina, Hawaii, involves risks of loss associated with travel, including but not limited to, property damage, personal injury, exposure to disease(s), and death. Winners freely accept, and voluntarily assume, all such travel-related risks in connection with the Prize, and shall hold harmless employees of the Sponsor, Radio One of Texas II, LLC, Disney Destinations, LLC, and each of their respective parents, officers, directors, subsidiaries, affiliates, general sponsors, advertisers, competitors, promotional partners, members of the immediate families, and members of the households (whether related or not).

GOVERNING LAW AND JURISDICTION: EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROMOTION, OR PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT WITH REGARD TO THIS PROMOTION, BUT IN NO EVENT ATTORNEYS’ FEES, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Promotion will be governed by and construed in accordance with the laws of the ​State of Texas​ (“State”), without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction. The state and federal courts located in the State will be the exclusive forum for any dispute relating to these Official Rules and/or this Promotion. All entrants and winner agree, by their participation in the Promotion, to submit to the personal jurisdiction of the state and federal courts in the State and waive the right to contest jurisdiction.

Southwest Airlines Co. is not a sponsor, co-sponsor, or administrator of this promotion.

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