L&l Hawaii – National Spam Musubi Day Sweepstakes

L&L HAWAII ® / NATIONAL SPAM® MUSUBI DAY SWEEPSTAKES (“Sweepstakes”)
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES.
VOID WHERE PROHIBITED BY LAW.
TO THE EXTENT PERMITTED BY LAW ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING
ARBITRATION, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION
FORMAT.
INDIVIDUAL WINNER MUST TRAVEL TO/FROM HAWAII PRIOR TO DECEMBER 31, 2022. THE
FAILURE TO REDEEM THE AWARD BY THIS DATE WILL RESULT IN THE FORFEITURE OF THE
GRAND PRIZE PACKAGE.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO
THESE OFFICIAL RULES, WHICH CONSTITUTES A BINDING CONTRACT, SO READ THEM
CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES
TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND
REMEDIES.
1. Eligibility. The Sweepstakes is open only to individuals who are legal residents and physically located in
the following states in the United States: Alaska, Arizona, California, Colorado, Florida, Hawaii, Nevada,
New York, North Carolina, Oregon, Texas, Utah, Washington, Virginia and who are at least twenty-one (21)
years of age at the time of entry. Employees, officers and directors of L&L Franchise, Inc. (“Sponsor”),
Hawaiian Airlines, Inc. (“Hawaiian”), Hormel, Outrigger Hotels and Resorts, each of their parent companies,
and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors and
other prize suppliers (collectively with Sponsor, the “Sweepstakes Entities”), and each of such employees’,
officers’ and directors’ immediate family members and/or those living in the same household (whether
legally related or not) of each are not eligible to enter the Sweepstakes or win a prize. For purposes of this
Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws,
grandparents, siblings, children and grandchildren and those living in the same household shall mean
people who share the same residence at least three (3) months a year, whether legally related or not. Void
where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and
agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the
interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all
respects.
2. Entry Period. The Sweepstakes begins on or about 12:01 am Hawaii Standard Time on July 25, 2021 and
all entries must be received by the Sponsor on or before 11:59 p.m. Hawaii Standard Time on August 8,
2021 (the “Entry Period”).
3. How to Enter. There are four (4) methods of entry for this Sweepstakes, and you may enter as follows:
(i) Survey-Style Entry. Visit hawaiianbarbecue.com and fill out a survey including your name,
phone number, and email address. One survey entry per person. You must provide a valid email
address where the winner can be contacted. No purchase is necessary to enter via this method.
(ii) Online Order Entry. Visit hawaiianbarbecue.com and place a food order from our online
ordering platform. Each completed order counts as one entry. Online order entries are unlimited.
You must complete the process for a food order through the website by placing a food order and
paying for the order, if you choose to enter via this method. Orders placed from third party delivery
platforms will not be counted as an entry.
(ii) Refer-a-Friend Entry. Get a friend to download the L&L mobile app using your unique referral
code. Each app download counts as one entry. Refer-a-Friend entries are unlimited. No purchase
is necessary to enter via this method.
(iv) Mobile App Order Entry. Place a food order via the L&L Hawaiian Barbecue mobile app. Each
completed order counts as one entry. Mobile app order entries are unlimited. You must complete
the process for a food order through the the mobile app by placing a food order and paying for the
order, if you choose to enter via this method.
4. Winner Selection and Prize Claiming. There will be one (1) winner selected in this Sweepstakes. Entries will be
added to a general “Grand Prize Contest” pool. One (1) winner will win a trip to Hawaii. Potential winners will be
selected through a random drawing on or about August 9, 2021 from all eligible entries received in accordance with
these Official Rules. Sponsor will have complete discretion over interpretation of the Official Rules, of administration
of the Sweepstakes, and of selection of the winner. Decisions of the Sponsor as to the selection of the winner will be
final. The potential winner will be notified using the information provided during entry by any of email, telephone, mail
(method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The
Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.
Notification of the potential winner is deemed to have occurred immediately upon sending of an email, placing of a
phone call, one (1) day after sending via a delivery service, or two (2) days after mailing.
Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance
agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before
being eligible to receive his or her prize(s). If any potential prize winner fails or refuses to sign and return such
Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty,
unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified
and an alternate potential winner may be selected. Non-compliance shall result in disqualification and award of the
prize(s) to an alternate potential winner. If the potential prize winner is found to be ineligible, or if he or she has not
complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the
prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate
potential winner may be selected. This process shall continue until the Grand Prize is awarded and redeemed. The
Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected,
or unsuccessful efforts to notify the potential winners.
5. Odds. Odds of winning will depend upon the total number of entries received.
6. Prize and Value. Sponsor will be awarding “air travel” consisting of: One (1) HawaiianMiles certificate (the
“Certificate”) valid for One Hundred SixtyThousand (160,000) HawaiianMiles (the “Grand Prize”) will be
awarded to the grand prize winner (the “Grand Prize Winner”). Any additional travel or logistics necessary
to utilize the Grand Prize shall be the responsibility (including costs) of the Grand Prize Winner. To claim the
Grand Prize, the Grand Prize Winner must be a member or become a member of the HawaiianMiles
program. Redemption and use of award miles for travel are wholly subject to terms and conditions of the
HawaiianMiles Program (https://www.hawaiianairlines.com/legal/hawaiianmiles-terms-and-conditions).
Travel award redemptions are based on space availability (i.e., the number of seats allocated on any given
flight for passengers using HawaiianMiles to pay for their travel.) The Certificate is not transferable,
exchangeable or replaceable, and it has no cash value whatsoever. No more than the value outlined above
will be awarded to the Grand Prize Winner. The Total approximate retail value (“ARV”) of the air travel
detailed herein for two persons, is: USD $4,800.00.
The Trip Prize winner and his or her travel companion must possess all required travel documents, including valid
identification, COVID-19 clearances, visas, and valid passports, if and as applicable. It is the responsibility of the Trip
Prize winner and his or her companion(s) to provide proper documentation (including a current government issued
picture identification). The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and
conditions generally applicable thereto. If in the judgment of Sponsor air travel is not required due to winner’s
proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and
absolute discretion. The difference in value will not be awarded to the Trip Prize winner.
Neither Sponsor nor Hawaiian shall be responsible for any cancellations, delays, diversions or substitution or any act
or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or
any other persons providing any Trip Prize-related services or accommodations. Sponsor and Hawaiian are not liable
for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or
ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any
transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award
details and travel information to be provided to the Trip Prize winner at the time of Trip Prize notification. Trip Prize
winner and companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option
and hereby acknowledge that neither Sponsor nor Hawaiian have not and will not obtain or provide travel insurance
or any other form of insurance. The Trip Prize winner may be required to provide a credit card at the time of hotel
check-in. Companion(s) of Trip Prize winner must be at least the age of majority in his or her state/province of
residence as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of
travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and
absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, the HawaiianMiles
Program terms and conditions, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or
damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not
specifically mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip Prize
winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the Trip Prize
winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic
beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and
hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either
of these will be at the expense of the Trip Prize winner.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and
absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and
absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and
in the event that Sponsor is unable to provide the winner with his or her prize(s), the Sponsor may elect to provide
winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation,
any implied warranty of merchantability or fitness for a particular purpose). Prize winner will be solely responsible for
all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive,
regardless of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prize(s) is
based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported
(ii) a four (4)-night hotel stay (one (1) standard room double occupancy) for the winner and one (1) companion
staying in the same room as the winner in Honolulu, Hawaii at one of the properties in Waikiki owned or operated by
Outrigger Hotels and Resorts as selected by Sponsor. The total ARV for hotel detailed herein for two persons, is:
USD $800.
for tax purposes as required by law. The winner may be required to provide Sponsor with a valid social security
number before the prize(s) will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name
of winner for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. Prize(s), if legitimately
claimed, will be awarded. The Sweepstakes Entities are not responsible for and will not replace any lost, mutilated or
stolen prize(s) or any prize that is undeliverable or does not reach the winner because of an incorrect or changed
address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be
forfeited and the Sweepstakes Entities will have no further obligation with respect to that prize or portion of the prize.
No more than the stated prize(s) will be awarded.
7. Publicity Release. Subject to applicable law, winner irrevocably grants the Sweepstakes Entities, and each of their
licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their name, voice,
likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the
Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with
related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in
perpetuity, without any obligation, notice or consideration, except for the awarding of the prize(s) to the winner.
8. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in
connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere
with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering
with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error,
disruption or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the
sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other
possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT
BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION)
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 SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE
FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to
disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these
Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to
annoy, abuse, threaten or harass any other person.
9. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes
by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor
dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot
or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by
any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or
jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence),
Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves
the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes
beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of
the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or
the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un- sportsmanlike
manner.
The total ARV of all of the prize(s) awarded in this Sweepstakes is $5,600.00. The Sweepstakes Entities are not
responsible for and winner will not receive the difference, in any, between the actual value of the prize(s) at the time
of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.
10. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrant agrees to release, discharge,
indemnify and hold harmless the Sweepstakes Entities and each of their respective directors, officers, employees,
agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs (including
attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out
of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii)
any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to
entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any
travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of
defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any
typographical, human or other error in the printing, offering, selection, operation or announcement of any
Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, entrants agree that the Released
Parties have neither made nor will be in any manner responsible or liable for any warranty, representation or
guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes,
including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree and that the
Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate
transcription of registration and/or account information; any technical malfunctions of the telephone network,
computer online system, computer dating mechanism, computer equipment, software, or Internet service provider
utilized by Sponsor interruption or inability to access the website, application or any online service via the Internet
due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer
and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions,
omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the
negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released
Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to
bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties
have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee,
express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize
supplier that may be sent along with a prize. The Released Parties are not responsible for any changes or
unavailability of the social media platform used for purposes of administering this Sweepstakes that may interfere
with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the
social media platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant
to timely enter, receive notices or communicate with Sponsor via the social media platform, in which case Sponsor, in
its sole discretion, may terminate or modify the Sweepstakes.
11. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant
gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the
purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any
information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or
on a Sweepstakes winner’s list. Information collected from entrants is subject to the Sponsor’s Privacy Policy,
available at http://www.hawaiianbarbecue.com/privacy and will be shared and made available to all Sweepstakes
Entities for use for their direct marketing purposes.
12. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the
Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the
internal laws of the State of Hawaii, without giving effect to any choice of law or conflict of law rules or provisions that
would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE
LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED
WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT
RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE
LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN
DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C)
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND
ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN
ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO
HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED
TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK
INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR
EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided,
however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Honolulu,
Hawaii, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is
limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award
may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action
or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a
sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.
In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for
Arbitration”, then either party can elect to have the arbitration administered by the Dispute Prevention & Resolution
(“DPR”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it
will take place in Honolulu, Hawaii. The federal or state law that applies to these Official Rules will also apply during
the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other
proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if
for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the
agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Honolulu,
Hawaii. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but
specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may,
notwithstanding this provision, bring qualifying claims in small claims court.
14. Name of Sweepstakes Winner. To receive the name of the winner, send a stamped, self-addressed envelope,
within sixty (60) days of expiration of the Entry Period, to: “Sweepstakes Winners List”, L&L Hawaiian Barbacure
Sweepstakes, 931 University Ave., #202, Honolulu, HI 96826 Please indicate which Sweepstakes winners list you
are requesting by referencing the name of the Sweepstakes in your request.
15. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not
affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the
Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and
will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants
agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference
and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the
event there is a discrepancy or inconsistency between disclosures or other statements contained in any
Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application
and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the
discrepancy will be resolved in Sponsor’s sole and absolute discretion.
16. Identification of Sponsor. This Sweepstakes is sponsored by L&L Franchise, Inc., 931 University Ave., #202,
Honolulu, HI 96826.