BIKI 2019 ANA FLYING HONU TICKET SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Sponsor: Bikeshare Hawaii (“Bikeshare Hawaii” or “Sponsor”), with an address of 914 Ala Moana Blvd, Floor 2, Honolulu, Hawaii 96814 is the Sponsor of the BIKI 2019 ANA FLYING HONU TICKET SWEEPSTAKES (the “Contest”). All Nippon Airways Co., Ltd. (“ANA”) is solely the prize sponsor of the Contest. The Contest is void where prohibited by law.
- Eligibility: The Contest is open only to U.S. citizens and legal residents 18 years and older as of the date of entry. Employees ofBikeshare Hawaii and its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household as Employees are not eligible to participate in the Contest.
- Agreement to Rules: By participating, each participant (“You”) agrees to be fully and unconditionally bound by these Official Rules of the Contest (“Official Rules”), and You represent and warrant that You meet all eligibility requirements. In addition, You agree to accept the decisions of Bikeshare Hawaiias final and binding as they relate to the Contest. The Contest is subject to all applicable federal, state, and local laws and regulations.
- How to Enter: Sponsor has introduced to its fleet approximately 250 Biki bicycles with an ANA Flying Honu design (the “ANA Design”) on the rear wheel covers and basket screen on the bicycle (each an “ANA Flying Honu Biki”).
To enter, You must do each of the following (“Entry”):
- Take a photograph or video of an ANA Flying Honu Biki that includes within the image/video at least part of the ANA Design (“Photo/Video”) (purchase of Biki fare not required to take Photo/Video);
- Post the Photo/Video to Instagram* with the hashtag #FlyingHonu;
- Follow Biki on Instagram* by tagging the Photo/Video with @GoBikiHI at https://www.instagram.com/gobikihi/;
- Follow ANA on Instagram* by tagging the Photo/Video with @allnipponairways_official at https://www.instagram.com/allnipponairways_official/.
*To enter Contest, your Instagram profile must be public from time of Entry through July 1, 2019 and Photo/Video must be posted to your profile, not to your stories. Hashtag and tags must be attached to the post of your Photo/Video, not in comments to the post. You may edit your post to include hashtag or tags during the Contest Entry period.
The Entry must fulfill all Contest requirements to be eligible to win the Prize. Entries that are incomplete or do not adhere to these Official Rules may be disqualified in the sole discretion of Bikeshare Hawaii. You may enter only once. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your Entry may be disqualified in the sole discretion of Bikeshare Hawaii.
ANA grants You a royalty-free, non-exclusive, single purpose right to use ANA’s name and intellectual property contained in the ANA Design on the ANA Flying Honu Biki bicycles for the sole purpose of entering a Photo/Video in the Contest. You are not permitted to use ANA’s name, logo, trademark, copyright or any other intellectual property for any other purpose, without ANA’s express, prior written permission.
- Deadlines: Your Entry must be posted online between June 17, 2019, at 12:01am HSTand June 30, 2019, at 9pm HST, and You must be following both Biki and ANA when the Entry is completed to be eligible to enter the Contest.
- Prize: One (1) winner will receive round-trip economy class air transportation for two (2) on ANA’s Airbus 380 jet (the Flying Honu) from/to Honolulu, HI and Tokyo, Japan (“Prize” or “ANA Ticket”). NOTE: Winner is responsible for transportation arrangements and costs to/from airports.
- Approximate Retail Value (“ARV”) of Prize: ARV of the Prize will vary based on airfare fluctuations, but is approximately $1,500.00 per ticket. The ANA Ticket winner will be notified of the ARV at time of ticketing. As a U.S. citizen or resident of the U.S. for tax purposes, before the ANA Ticket winner is entitled to receive the Prize, such winner is required to provide ANA with a valid, properly completed and executed IRS Form W-9 (in addition to any other requested information).
- Prize Restrictions and Fees Responsibility of Air Ticket Winner:
- All travel plans for the ANA Ticket winner and accompanying guest must be made at one time through the ANA office designated in the Award Letter sent to the winner.
- Reservations for the roundtrip tickets must be made within four (4) weeks of ANA Ticket winner's receipt of the Award Letter and must be ticketed at least fourteen (14) days prior to departure.
- Travel departure for roundtrip tickets may start as soon as 14 days after ANA's receipt of all required documents from the ANA Ticket winner, and travel must be completed by June 1, 2020. Roundtrip tickets require minimum stay of three (3) days and a maximum stay of one (1) month.
- Travel dates are subject to availability and holiday/blackout dates.
- All travel requests will be fulfilled based on availability.
- If the ANA Ticket winner is unable to make reservations within the required time period or travel within the date restrictions, the ANA Ticket will be forfeited, and may be awarded to the alternate winner, but the reservations for the alternate winner must be (i) made within four (4) weeks of alternate winner's receipt of his/her Award Letter with travel completed no later than June 1, 2020 and (ii) ticketed at least fourteen (14) days prior to departure.
- ANA Ticket winner and accompanying guest must travel together on all flights associated with the ANA Ticket. The ANA Ticket is non-transferable, except to the extent that the winner may have one accompanying guest travel with the winner.
- ANA Ticket winner and accompanying guest are solely responsible for compliance with all required visa, immigration and customs requirements for travel to and from Japan. No refunds or rescheduling will be made if improper documentation or failure to comply with any of the rules and regulations of the travel provider results in denying boarding or entry, and the ANA Ticket will be forfeited.
- All travel costs, including but not limited to transportation, hotel and other costs, incurred by the winner and accompanying guest, to/from the Honolulu airport and place of departure/return, as well as transportation, hotel and other costs, incurred by the winner and accompanying guest, in Japan shall be the sole responsibility of the ANA Ticket winner.
- ANA Ticket does not include departure taxes, inspection fees, airport taxes, and luggage fees (if applicable) from and to the Honolulu airport and Japan, and such taxes and fees are the responsibility of the ANA Ticket winner. Payment for said taxes and fees by the ANA Ticket winner shall be paid in U.S. Dollars by credit card.
- ANA will determine, in its sole discretion, which ANA ticket office will issue the actual air travel tickets to the ANA Ticket winner.
- All applicable taxes apply to the ARV, including applicable state and local taxes. For U.S. citizens and U.S. residents for tax purposes, the Internal Revenue Service (“IRS”) requires ANA to issue and file with the IRS Form 1099-MISC for each recipient of a prize whose value is at least $600. Reporting of any other applicable tax and payment of any applicable tax is the sole responsibility of the ANA Ticket winner.
- The air travel tickets associated with the ANA Ticket are non-refundable, non-transferable, non-changeable once issued, and may not be used in conjunction with any other competition or offer. Upgrades and mileage credit are not permitted and tickets have no cash value other than fees paid once ticketed. No refunds or credit changes are allowed. If tickets are lost, stolen or expire prior to use (unless restricted by law), they will not be replaced. Credit for previous purchases is not permitted. All tickets are subject to the vagaries of flight variation, work stoppages, and schedule or route changes.
- Acceptance of prize constitutes permission for ANA and Bikeshare Hawaii to use the ANA Ticket winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
- Odds: The odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification: Winner will be selected bya random drawing through a verified winner generator tool Arbitery or Easypromos under the supervision of Bikeshare Hawaii on July 1, 2019. A certificate of Validity will be generated at the time of the drawing with the name of the winner and alternatives. If necessary, an alternate Winner will be selected.
Winner will be notified by Bikeshare Hawaii’s @GoBikiHI Instagram account private message on Instagram within three (3) days following selection. Bikeshare Hawaii shall have no liability for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. If winner cannot be contacted, is ineligible, fails to claim the Prize within seven (7) days from the time the notification was sent, or fails to timely return a completed and executed declaration and release as required, the Prize may be forfeited and an alternate winner selected.
- ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER WILL, IN SPONSOR’S SOLE DISCRETION, RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
- Rights Granted by You: By entering this contest (e.g., photo, video, text, etc.), You understand and agree that Bikeshare Hawaii and ANA, anyone acting on behalf of Bikeshare Hawaii and ANA, and Bikeshare Hawaii and ANA 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 Contest, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent.
- Rights to the Photo/Video. By entering the Contest, You represent and warrant that your Entry, including the Photo/Video You enter in the Contest, is an original work, and does not contain material that violates or infringes any third party’s rights including but limited to privacy, publicity, copyright, trademark, patent, proprietary or other intellectual property rights (“Rights”). If your Entry infringes upon the Rights of another, You will be disqualified in the sole discretion of Bikeshare Hawaii. If the content of your Entry is claimed to constitute infringement of any Rights of any third party, You shall, at your sole expense, defend against or settle such claims. You shall indemnify, defend, and hold harmless Instagram, Bikeshare Hawaii, and ANA from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which any such party may incur, suffer, or be required to pay arising out of such infringement or claimed infringement of any third party’s Rights.
- Terms & Conditions:
- Bikeshare Hawaii reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should virus, bug, non-authorized human intervention, fraud, or other cause beyond Bikeshare Hawaii’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest. In such case, Bikeshare Hawaii may select the winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Bikeshare Hawaii. Bikeshare Hawaii reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Terms & Conditions.
- Bikeshare Hawaii has the right, in its sole discretion, to maintain the integrity of the Contest and to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such attempt be made, Bikeshare Hawaii reserves the right to seek damages to the fullest extent permitted by law.
- You agree and acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
- At the request of Sponsor, the ANA Ticket winner must agree to sign an affidavit attesting to the truth of the facts in the winning Entry, including but not limited to attesting that You are in fact the entrant who posted the winning Entry, and that You are the owner or have rights to use the Photo/Video associated with the winning Entry and that such Photo/Video does not copy or infringe another’s Rights, or if You are not the creator of the Photo/Video that You have all such rights to the Photo/Video assigned to You.
- The ANA Ticket winner will be sent (via email and/or other method determined in the sole discretion of Sponsor) an affidavit of eligibility together with a liability/publicity release (“Affidavit and Release”).
- The ANA Ticket winner must complete and return (as directed by Sponsor) the Affidavit and Release unless restricted by law, which must be received by Sponsor no later than 10 business days after the Affidavit and Release is sent to the winner (or such other time as determined by Sponsor in its sole discretion).
- Additionally, any guest accompanying the ANA Ticket winner must complete, sign and return to Sponsor, where permitted by law, a Publicity Release, prior to issuance of travel documents. If any guest is a minor, a parent or legal guardian of the minor must sign the documents on the minor's behalf and the minor must be accompanied by such parent or legal guardian.
- Limitation of Liability: By entering, You agree to release and hold harmless Instagram, Bikeshare Hawaii, and ANA and each of their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; or (v) electronic or human error in the administration of the Contest or the processing of entries.
- Disputes: This Contest is governed by the laws of the United States and Honolulu, Hawaii, without respect to conflict of law doctrines. As a condition of participating in this Contest, You agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Honolulu, Hawaii having jurisdiction. Further, in any such dispute, under no circumstances shall any participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). You further waive all rights to have damages multiplied or increased.
- Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope (VT residents need not affix return postage on requests for Official Rules) to: Bikeshare Hawaii, 914 Ala Moana Boulevard, Floor 2, Honolulu, HI 96814 USA. Requests must be received no later than July 31, 2019.