Hawaiian Telcom's Fioptics Family Contest

#FiopticsFamily Hawaii Contest

Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.

The Contest may only be entered in or from the state of Hawaii and entries originating from any other jurisdiction are not eligible for entry.  This Contest is governed exclusively by the laws of Hawaii.  You are not authorized to participate in this Contest if you are not located in the state of Hawaii. 

1. Participation in the #FiopticsFamily Hawaii (“Contest”) is open only to legal residents of Hawaii, who are at least 18 years old as of date of entry, and who reside at an address which is qualified to receive Hawaiian Telcom’s Fioptics/Fioptics+ broadband and entertainment services. Void outside of Hawaii. Employees, officers and directors of Hawaiian Telcom, Inc. (“Sponsor”), and its parent company, subsidiaries, affiliates, partners, retailers, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  Only individuals can enter.  Sponsor reserves the right to disqualify any entry, for whatever reason, including, but not limited to, a perceived or actual conflict of interest.  All federal, state and local laws and regulations apply.
   
   
2. Start/End Dates. Entry period begins at 12:00:01 am HST on May 1, 2024 and ends at 11:59:59 pm HST on May 31, 2024 (“Contest Entry Period”).
    
3. How to Enter. To enter the Contest, eligible entrants must
   i. visit the Contest website www.hawaiiantel.com/fiopticsfamily.
   ii. complete the entry form by providing first name, last name, phone number, email address, residential address, and social media handle, if any;
   iii. upload a photograph of entrant and, if applicable, other members of entrant’s household (e.g., partner, child/children, relatives, etc.); and
   iv. upload a written response (maximum of 200 words) to the question “How does or how can Fioptics better your/your family’s connectivity and entertainment experience with your family?”

OR

upload a video (maximum 2 minutes long) responding to the question “How does or how can Fioptics better your/your family’s connectivity and entertainment experience with your family?”

All entry information, photograph, written or video response shall be collectively referred to herein as the “Entry.”  Limit one (1) Entry per person. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, postage-due, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic.  Only fully completed entry forms are eligible.  Proof of submission will not be deemed to be proof of receipt by Sponsor.

4. Content Restrictions; Warranty. By entering the Contest, each entrant agrees that his or her Entry conforms to the Entry Content Restrictions as defined below (collectively, the “Content Restrictions”) and that Sponsor, in its sole discretion, may remove any Entry and disqualify an entrant from the Contest if it believes, in its sole discretion, that the entrant’s Entry fails to conform to these Contest Restrictions:

• The Entry must not contain material that violates or infringes another’s rights, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
• The Entry must not disparage Sponsor, any other person or party affiliated with the promotion and administration of this Contest, or competitors of Sponsor;
• The Entry must not contain brand names or trademarks of any entity (including, but not limited to, those of any competitor of Sponsor) other than the Sponsor’s Marks (defined below), which entrant has a limited license to use for the sole purpose of creating and uploading a Entry in this Contest;
• The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created.
• The Entry must not contain any AI generated images or other AI generated elements.

Entrants acknowledge that other entrants may have used ideas and/or concepts in their Entry that may have similarities to ideas or concepts included in entrant’s Entry, and entrants understand and agree that they shall not in any way be entitled to any compensation because of any such similarities.  Sponsor’s decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules.

By entering, each entrant warrants and represents the following with respect to entrant’s Entry: (a) entrant is the sole and exclusive owner of the Entry and the Entry is entirely the entrant's own work; (b) the Entry will not infringe on any rights of any third party, including but not limited to copyright, trademark, privacy, publicity and/or any other intellectual property right; (c) the Entry complies with the Content Restrictions (defined above); and (d) the Entry (or any part thereof) has not previously been exhibited or displayed publicly through any means.

5. Ownership. All Entries will become the exclusive property of Sponsor, and none may be acknowledged or returned.  Sponsor shall have the right to edit, adapt and publish or not publish any or all of the Entry and may use them in any media without attribution or compensation to the entrant, his/her successors or assigns, or any other entity.  UPLOADING AN ENTRY IN THIS CONTEST CONSTITUTES ENTRANT’S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFERENCE TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN THE ENTRY OR ANY DERIVATIVE WORKS CREATED USING THE ENTRY INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS. Each entrant waives and releases the Sponsor from any and all claims that he/she may now or hereafter have in any jurisdiction based on “moral rights” with respect to Sponsor’s use and exploitation of his/her Entry.  Each entrant also unconditionally and irrevocably consents to any act or omission by the Sponsor that would otherwise infringe his/her moral rights and present and future rights of a similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given.  Entrant hereby agrees that entrant will not use, publish, or submit the Entry for participation in any other contest or make the Entry available to any third party for use or publication of any kind. ALL ENTRANTS ACKNOWLEDGE AND AGREE THAT SPONSOR SHALL HAVE THE RIGHT, BUT NO OBLIGATION TO POST, DISPLAY, OR OTHERWISE USE ANY ENTRY, INCLUDING WITHOUT LIMITATION THE WINNING ENTRY.  FOR SAKE OF CLARITY, ENTRANTS UNDERSTAND AND AGREE THAT EVEN IF ENTRANT SUBMITS A PRIZE WINNING ENTRY, SPONSOR IS UNDER NO OBLIGATION TO USE THE WINNING ENTRY IN ANY MANNER OR FOR ANY PURPOSE. 

Sponsor grants eligible entrants a limited, revocable, non-sublicensable, license to use Sponsor’s name, trademarks and logos (collectively, “Sponsor’s Marks”) for the sole purpose of creating and submitting the Entry for review and assessment in this Contest.  Entrants are not permitted to make any further use of Sponsor’s Marks for any purpose whatsoever.  In addition, entrants recognize that all right, title, and interest in Sponsor’s Marks as well as all derivative works created using Sponsor’s Marks shall vest exclusively to the Sponsor, and entrant agrees that he/she has not and will not take any action that might harm or adversely affect such rights.  No right, title, or interest in and to the Sponsor’s Marks except for the limited license granted to entrant in these Official Rules is transferred or created. Each entrant further acknowledges and agrees that Sponsor’s Marks are valid and enforceable, and that entrant shall do nothing to challenge the validity or enforceability of Sponsor’s Marks in any forum.  Entrants agree that the use of Sponsor’s Marks is permitted only for the purpose of making a Entry for entry in this Contest, and that any use of Sponsor’s Marks (whether in the Entry or otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to Sponsor.

6. Judging Panel. On or about June 10, 2024, all eligible entries received during the Contest Period will be judged by a panel of judges determined by Sponsor in its sole and absolute discretion.  The panel will judge the Entries based on the following judging criteria (“Judging Criteria”):

Creativity and originality – 50%

Presentation – 50%

Subject to verification and compliance with these Official Rules, the highest scoring Entry based on the Judging Criteria will be deemed the winner.  By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.

7. Prize. The one (1) highest scoring entry will be deemed the winner and will receive the following prize (the “Prize”):
   • $5,000 gift voucher to Best Buy for a home entertainment makeover
   • Free Fioptics 1 Gig and Fioptics+ service for 1-year

Total Prize value $8,216.60.

Prizes are non-transferable.  No substitutions or cash redemptions.  In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. 

8. Notification. Potential winner will be notified by phone on or about June 20, 2024.  Potential winner will be required to sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within seven (7) calendar days of prize notification.  Additionally, potential winner may be required to obtain releases from any and all third parties appearing in their respective Entry.  If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Entry with the next highest score. Upon prize forfeiture, no compensation will be given. 
   
   
9. Conditions. Sponsor shall not be liable or responsible in the event any entrant or winner’s Entry is not used for any reason.  Entries may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion.  Any and all federal, state and local taxes are the sole responsibility of the winners.  Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Entry and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law.  By participating, entrants and winners agree to release, indemnify, waive, discharge, absolve and hold harmless Sponsor, its partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.  Entrants who do not comply with these Official Rules or who attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
   
   
10. Additional Terms. Any attempted form of entry other than as set forth above is prohibited. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest.  Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site.  Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Limitation of Liability; Disclaimer of Warranties.  IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO ENTRANT FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANT. CHECK ENTRANT’S LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
    
    
12. Disputes; Governing Law.  The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Hawaii, City of Honolulu.

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF HAWAII WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to Honolulu, Hawaii. 

14. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at https://www.hawaiiantel.com/aboutus/Privacy-Policy.  By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
    
    
15. List of Winners.To obtain a list of winners, send a self-addressed, stamped envelope by July 31, 2024 to Hawaiian Telcom Communications, Inc., ATTN: #FiopticsFamily Contest Winner, 1177 Bishop St., Honolulu, HI 96813.
    
    
16. Sponsor. Hawaiian Telcom Communications, Inc. 1177 Bishop St., Honolulu, HI 96813.