12 Days Of Aloha: Giveaway Terms & Conditions
2021 OLUKAI® 12 DAYS OF ALOHA SWEEPSTAKES OFFICIAL RULES
CELEBRATE THE SEASON IN COMFORT WITH OUR 12 DAYS OF ALOHA GIVEAWAY! HERE'S HOW TO ENTER:
NO PURCHASE NECESSARY. A PURCHASE OF ANY OLUKAI PRODUCT OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. Standard messaging and data rates may apply. When you sign up via text messaging, you will receive a text message in response to your entry and up to 12 text messages per month from an automated system with promotional offers, product offerings and other information from OluKai.
The 2021 OluKai 12 Days of Aloha Sweepstakes (the “12 Days of Aloha”) is sponsored by OluKai and open only to legal residents of the United States (including the District of Columbia), who comply with the entry requirements in Section 3 below and who are at least eighteen (18) years old at the time of entry. Do not enter the 12 Days of Aloha if you are not located in the United States at the time of entry or do not meet the age requirement. Employees of OluKai, its parent and affiliate companies, as well as the immediate family (spouse, domestic partners, parents, siblings and children) and household members of each such entity are not eligible. The 12 Days of Aloha is subject to all applicable federal, state and local laws and regulations and is void in Rhode Island and where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and any other applicable rules or regulations, which are final and binding in all matters related to the Holiday Giveaway. Winning any prize is contingent upon fulfilling all requirements set forth herein.
2. SPONSOR: OluKai, LLC, 10 Faraday, Irvine, CA 92618 (“Sponsor” or “OluKai”).
3. HOW TO ENTER/LIMITATIONS: To be eligible for the 12 Days of Aloha, you must be part of OluKai’s ‘Ohana Program text message channel at 41513. If you are not already a member, you can sign up quickly at: https://olukai.com/aloha to become an Eligible Entrant. Once you are an Eligible Entrant, you will be automatically entered into the 12 Days of Aloha. The 12 Days of Aloha will run during the Promotion Period as defined below.
Message and data rates may apply to the 12 Days of Aloha. Text STOP to 41513 to opt out and to discontinue further participation. Any attempt by any entrant to obtain more than the stated number of entries or prizes by using multiple/different cell phone numbers, devices, identities, registrations and/or logins, or any other methods, will void the entrant’s entries and result in automatic disqualification from the 12 Days of Aloha. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. Winner(s) may be required to show proof of being the authorized account holder.
4. PROMOTION PERIOD:
The 12 Days of Aloha begins via OluKai’s direct mail channel on November 1, 2021 at 12:00 a.m. Pacific Tim (“PT”) and on December 1, 2021 at 12:00 a.m. Pacific Time in all online channels. The promotion ends on December 23, 2021 at 11:59 a.m. PT (collectively, the “Promotion Period”).
5. WINNER DETERMINATION; PRIZE AND VERIFICATION:
Being selected and receiving any prize in the 12 Days of Aloha is contingent upon compliance with these Official Rules and any rules or regulations associated with the OluKai ‘Ohana Program. One winner will be selected from the pool of Eligible Entrants on each day commencing on December 12, 2021 through December 23, 2021 for a total of twelve (12) winners. On each of the foregoing dates, OluKai will randomly select one winner and such winner will be notified via text through the phone number used when subscribing to text marketing. Each winner will receive one (1) pair of OluKai slippers as featured at www.olukai.com, subject to availability of style, color and size. No Eligible Entrant may win more than once during the Promotion Period. OluKai reserves the right to verify all Eligible Entrant information prior to awarding any prize. Eligible Entrants who opt out from text message marketing will not be included in any drawing. Each winner will then have twenty-four (24) hours from initial contact to respond, or the prize will be forfeited and another winner will be selected.
OluKai reserves the right to substitute any prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning any 12 Days of Aloha prize depend on the number of Eligible Entrants.
By receipt of any prize, winner agrees to release and hold harmless OluKai, its parent and affiliates and each such entity’s members, managers, officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim, costs (including reasonable attorney fees) or cause of action, including, but not limited to, personal injury, death or damage to or loss of property, arising out of participation in the 12 Days of Aloha or receipt or use or misuse of any prize.
7. LIMITATION OF LIABILITY:
The Released Parties are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the 12 Days of Aloha; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions or disconnections in cellular networks, hardware or software; (iii) unauthorized human intervention in any part of the entry process or the 12 Days of Aloha; (iv) technical or human error which may occur in the administration of the 12 Days of Aloha or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the 12 Days of Aloha or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the 12 Days of Aloha, if possible. No more than the stated number of prizes will be awarded.
Except where prohibited, participation in the 12 Days of Aloha constitutes the winners’ consent to Sponsor’s and its agents’ use of the winners’ name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
9. GOVERNING LAW/DISPUTES:
The 12 Days of Aloha is governed by the laws of the United States and the State of California, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of California. As a condition of participating in this 12 Days of Aloha, entrants agree any and all disputes which cannot be resolved between the parties and causes of action arising out of or in connection with the 12 Days of Aloha, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth in Section 10 below.
10. BINDING ARBITRATION:
By participating in the 12 Days of Aloha, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Released Parties relating to, arising out of or connected in any way with (i) the 12 Days of Aloha; (ii) the awarding or redemption of any prize; and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by the National Arbitration Forum (the “Forum”) and conducted before a sole arbitrator pursuant to the Code of Procedure established by the Forum. The arbitration shall be held at a location determined by the Forum pursuant to the Code of Procedure, or at such other location as may be mutually agreed upon by the participant and Sponsor. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the 12 Days of Aloha. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant's and/or Sponsor's individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award special or punitive damages against the participant or Released Parties. For more information on the Forum and/or the Forum's Code of Procedure, please visit their website at www.arb-forum.com. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
11. GENERAL CONDITIONS:
Sponsor reserves the right to cancel, suspend and/or modify the 12 Days of Aloha, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the 12 Days of Aloha, as determined by Sponsor in its sole discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the 12 Days of Aloha or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the 12 Days of Aloha 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 such provision.