OFFICIAL SWEEPSTAKES RULES: Be Good To Vote Hawaii Edition

BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE RULES AND REGULATIONS.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA EXCEPT FOR THOSE RESIDING IN FLORIDA, MISSISSIPPI, NEW YORK, OR OREGON, WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.

VOID IN PUERTO RICO, FLORIDA, NEW YORK, OREGON, MISSISSIPPI AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.

Introduction. A 6 night, 7 day trip to Hawaii, including airfare and accommodations for up to four people, will be awarded. The winner has the opportunity to choose which Island they would like to visit.   

Sponsor. HeadCount, Inc., 104 West 29th Street, NY, NY, 10001 (“Sponsor”)

The Be Good To Vote Hawaii Edition (“Sweepstakes”) is in no way authorized, sponsored, endorsed, approved, or administered by or offered in association with any other partner. Any questions, comments or complaints regarding the Sweepstakes is to be directed to Sponsor, at the address above, and not any other party.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to Sponsor and not to Instagram. You agree to release Instagram from all claims arising out of, or in connection with, this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes should be directed to Sponsor and not to Instagram.

Timing. The Sweepstakes will begin at 9 a.m. ET on March 15, 2024  and run until 11:59 p.m. ET on August 15, 2024 (the “Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes. Mail-in entries must be postmarked by the last day of the Entry Period and received by August 20, 2024 (“Mail-in Entry Deadline”). Postcards not received by the Mail-in Entry Deadline will be disqualified. Proof of mailing does not constitute proof of delivery.

Eligibility. The Sweepstakes is open only to legal residents of the fifty (50) United States and the District of Columbia (except for those residing in New York, Florida, Mississippi and Oregon), who, as of the time of entry, are at least 18 years of age. Void in New York, Florida, Mississippi, Oregon, and all other jurisdictions other than those stated above and where prohibited or restricted by law. Employees, officers, directors, contractors, and representatives of Sponsor, GCJ Research, and their respective corporate parents, subsidiaries, affiliates, advertising and promotion agencies, agents, and any other entity involved in the development or administration of the Sweepstakes (collectively, with Sponsor,  GCJ Research, the “Sweepstakes Entities”) as well as the immediate family (defined as spouse, parents, children, siblings, grandparents, and “steps” of each) and household members of each, whether or not related, are not eligible to enter or win the Sweepstakes. By participating, you agree to abide by these official rules (the “Official Rules”) and the decisions of Sponsor in all matters relating to the Sweepstakes, which are final and binding in all respects. Notwithstanding the foregoing, Sponsor’s volunteers are eligible to enter the Sweepstakes.

How to Enter. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. 

Taking civic actions, such as verifying your voter registration status, registering to vote, or requesting a mail in ballot, is NOT required for entry. Having a valid voter registration status or being eligible to register to vote is NOT required for entry. 

There are two (2) ways to enter the Sweepstakes:

(1) INTERNET (You may receive a Maximum of ten (10) entries per this method of entry (including Bonus Entries)):

• Earn one (1) entry by visiting the Sweepstakes Website on a web browser and completing and submitting the form provided on the Sweepstakes Website during the Entry Period.
• You may earn nine (9) additional entries (“Bonus Entries”) by successfully referring nine (9) or more Referrals during the Entry Period, subject to the terms herein. “Referral” means any individual that uses your URL (as defined below) to enter the Sweepstakes through the Internet method of entry within the Entry Period. 

After submitting an entry through the Internet method of entry, such entrant will receive a custom URL (the “URL”) on the post-submission screen on the Sweepstakes Website. An entrant may receive no more than two Bonus Entries, regardless of how many Referrals such entrant makes.

• Referral Terms: Referrals are personal and should only be sent to individuals that you personally know and must be used only for personal and non-commercial purposes. The sharing of URLs outside of your warm network of personal connections is strictly prohibited. URLs may not be published or distributed (other than through your personal social media accounts, subject to such platforms’ rules), including on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. You are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your URL. You are prohibited from paying to advertise your URL or paying or providing anything of value to any person to whom you direct a URL or any other third party to obtain benefits under this Sweepstakes.

When sharing a URL, you must always tell the potential Referral that you will be receiving Bonus Entries into the Sweepstakes if such individual enters the Sweepstakes using the URL and obtain the express consent of such potential Referral prior to sharing any URL with such individual. You must at all times remain compliant with all applicable laws, rules and regulations. You agree to indemnify and hold harmless Sweepstakes Entities from any and all damages, costs, claims, expenses and other liability (including reasonable attorneys’ fees) arising from or relating to the breach or alleged breach by you of these referral terms.

A referred individual may only use one URL to enter the Sweepstakes. If a referred individual receives URLs from multiple individuals, only the individual associated with the URL actually used by the referred individual to enter the Sweepstakes will receive credit for the Referral.

(2) MAIL: 

• Mail a 3 ½” x 5” card with your full name, complete valid postal address (including zip code), date of birth, telephone number, valid e-mail address, and the words “Be Good To Vote Hawaii Edition” legibly, hand printed in a #10 envelope with proper postage affixed to: 104 West 29th Street 11th Floor NYC 10001, ATTN: Good To Vote. You will receive one (1) entry for each completed eligible mail-in entry received (maximum one (1) entry per stamped outer mailing envelope). Mail-in entries must be postmarked by the last day of the Entry Period and received by August 20, 2024 (“Mail-in Entry Deadline”). Postcards not received by the Mail-in Entry Deadline will be disqualified. Proof of mailing does not constitute proof of delivery. The Sweepstakes Entities assume no responsibility for lost, late, incomplete, stolen, misdirected, mutilated, illegible or postage-due entries or mail, all of which will be void. No mechanically reproduced entries permitted. Illegible/incomplete entries are void. All entries become the property of Sponsor, and none will be acknowledged or returned.

You can earn a maximum of ten (10) entries in the Sweepstakes, regardless of the method of entry.

EARN BONUS ENTRIES VIA SHARE AND RECRUITMENT: After completing the form to submit an entry using the Text or Internet methods entry, each entrant will receive a custom URL (the “URL”) on the post-submission screen on the Sweepstakes Website, or, if opt-ed in, via text message. An entrant may share the URL with third parties (each, a “Referral”) by sending the URL directly to a Referral using email or social media; or sharing the URL via any other lawful means. 

Any entrant that converts Referrals to Referred Persons will receive up to ten (10) additional entries, one entry for each Referred Persons (each, a “Bonus Entry”) into the Sweepstakes. Ten (10) is the maximum number of additional entries any entrant can receive. A “Referred Person” is a Referral that visits the Sweepstakes Website and takes one or more Qualifying Actions during the Entry Period. The “Qualifying Actions” are (1) entering the Referral’s name and contact  information on the Sweepstakes Website. 

Any Referral that does not complete the Qualifying Action will not be considered a Referred Person. Each entrant will receive no more than two Bonus Entries, regardless of how many Referred Persons such entrant achieves. Each Referral can be a Referred Person only for the entrant whose URL was used in visiting the Sweepstakes Website to take the Qualifying Action.

The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually postmarked/received by the deadlines specified in these Official Rules will be included in the Prize drawing. Any automated receipt does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules.

Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements will be disqualified from the Sweepstakes.

Odds of Winning: Odds of winning depend on the number of eligible entries received.

Prize. One (1) winner (the “Winner”) will win the following (the “Prize”): Six (6) night, seven (7) day trip to an island of the winners choice in the state of Hawaii, including airfare and accommodations for up to four (4) people,  with an approximate retail value of $9,999.

The total ARV of all Prizes offered in this Sweepstakes is $9,999.

Winners are subject to verification, including verification of age and residency. The Prize is neither transferable nor redeemable in cash and it must be accepted as awarded. No substitutions will be available, except at the sole discretion of Sponsor, who reserves the right to award a prize of equal or greater financial value if any advertised Prize (or any component thereof) becomes unavailable. Prize does not include any other item or expense not specifically described in these Official Rules.

Actual value of the Prize depends on travel dates, departure city, and air transportation and hotel market conditions at time of fulfillment. Any difference in value between the stated ARV and the actual value of the Prize will not be awarded.

The various elements of the Prize will be as arranged by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to change the dates of travel. Sponsor will notify Winner in the event of a change in itinerary.

It is the responsibility of the Winner and their travel companion to arrive at the airport on time for their departure and obtain and possess all required travel documents. Sponsor has no responsibility for lost or stolen tickets and/or travel documents, baggage, flight delays, or any other occurrences beyond its control. No refund or compensation will be made in the event of the cancellation or delay of any flight or travel accommodations. Sponsor has no responsibility for the winner’s inability or failure to accept or use any part of the Prize as described herein. The Winner and their travel companion must travel on the same itinerary and must comply with all check-in requirements, including the presentation of a major credit card. Unused components of the Prize have no redeemable cash value. All airline tickets issued in connection with the Prize are not eligible for frequent flyer miles or upgrades and cannot be used in conjunction with any other promotion or offer. Travel must be round-trip. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by the applicable suppliers, including but not limited to, the airline’s passenger ticket contract, and any other rules or restrictions as may be determined in the sole discretion of Sponsor. FLIGHT TICKETS AND HOTEL RESERVATIONS MUST BE ARRANGED BY SPONSOR. ALL TRAVEL RESERVATIONS ARE SUBJECT TO AVAILABILITY AND SPONSOR’S APPROVAL. NO CHANGES ARE PERMITTED ONCE ANY TRAVEL RESERVATIONS HAVE BEEN MADE, EXCEPT WITH THE WRITTEN APPROVAL OF SPONSOR. If the Winner is unable to use the Prize during the time period determined by Sponsor, the Winner forfeits the Prize in its entirety and if time permits, Sponsor will select a substitute winner at random from among all remaining eligible entries. If the Winner is disqualified and there is no time to reasonably select a substitute winner, Sponsor reserves the right not to select a substitute winner and to retain the related Prize. In case of prize forfeiture, no further compensation is due to winner from Sponsor. Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledges that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Sponsor is not liable for any travel canceled or Prizes forfeited due to a force majeure event (including without limitation, events related to the propagation of the COVID-19 virus).

WINNERS AGREE TO ACCEPT THE PRIZE “AS IS”, AND YOU HEREBY ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES 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 THE PRIZE, INCLUDING BUT NOT LIMITED TO (A) ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE OR (B) THEIR QUALITY OR MECHANIC CONDITIONS. SPONSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Each ticket and admittance to venues and facilities during travel is subject to the terms and conditions, policies, procedures, and rules of conduct of the venue, including without limitation its admittance policy and any COVID-19 testing and/or vaccination requirements. Winner agrees to comply with all
applicable Festival and venue regulations in connection with the Prize. Sponsor and
venue reserve the right to remove or deny entry to any Winner and/or their guest who do not
comply with any required admittance policies, engage in a disruptive manner, or act with intent to
annoy, abuse, threaten, or harass any other person at the venue.

Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Prize. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of each winner.

Winner Selection and Notification. On or about August 26, 2024, one Winner will be selected from all eligible entries received via a random drawing administered electronically at the offices of HeadCount - 104 West 29th Street, NY, NY, 10001. Sponsor will notify Winner by email or text via the email address and/or phone number submitted with their Sweepstakes entry.

Winner is subject to verification of eligibility, including verification of age and residency. Winners under the age of 18 must receive permission from their parents or legal guardian to participate, and a parent or legal guardian must accompany them on the trip and to the concerts as the second person.

If a Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor or (ii) fails to respond to Sponsor’s selection email or text within forty-eight (48) hours of such email or text, the Winner forfeits the Prize in its entirety and a substitute Winner will be selected based upon a random drawing from among all other eligible entries received.

Publicity. Except where prohibited by law or regulation, by submitting an entry, entrant grants the Sponsor a perpetual, worldwide, royalty-free right and license to use his/her name, photograph, voice, and likeness in connection with the promotion of this and other Sweepstakes offers and Sponsor’s mission.

Winner may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, all of which must be properly executed and returned within three (3) days of issuance of Prize notification. If these documents are not returned properly executed, or are returned to Sponsor as undeliverable, or if any given Winner does not otherwise comply with the Officials Rules, the Prize will be forfeited and awarded to an alternate winner.

LIMITATIONS OF LIABILITY.

YOU ACKNOWLEDGE AND AGREE THAT YOU ACCESS AND USE THE SWEEPSTAKES WEBSITE AT YOUR OWN RISK. THE SWEEPSTAKES WEBSITE IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, AND THE SWEEPSTAKES ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE SWEEPSTAKES ENTITIES MAKE NO WARRANTY THAT THE SWEEPSTAKES WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SWEEPSTAKES WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT (I) SPONSOR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING FROM OR RELATED TO: (A) THE SWEEPSTAKES, (B) ANY PRIZE AWARDED, OR (C) YOUR USE OF INABILITY TO USE THE SWEEPSTAKES WEBSITE (IN EACH CASE EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) AND (II) SPONSOR’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE OFFICIAL RULES, THE SWEEPSTAKES, THE SWEEPSTAKES WEBSITE, OR ANY PRIZE WILL AT ALL TIMES BE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE SWEEPSTAKES (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE OFFICIAL RULES.

By participating in the Sweepstakes, you agree to release and hold harmless Sweepstakes Entities from any liability, claims, costs, injuries, losses or damages of any kind, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Sweepstakes, including, without limitation, the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the Prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes, or (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries, including, without limitation, incorrect, delayed or inaccurate transmission of winner notifications, prize claims or other information or communications relating to the Sweepstakes. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only one (1) Prize from a random drawing from among all eligible entrants. In no event will more than the stated number of prizes (i.e. one (1) Prize) be awarded.

Sponsor reserves the right in its sole discretion to disqualify any entry or entrant from the Sweepstakes or from winning the Prize if it determines that said entrant is attempting to undermine the legitimate operation of the promotion by cheating, 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 any Sweepstakes Entities. 

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF LAW AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

Sponsor’s Reservation of Rights. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. If for any reason the Sweepstakes is not capable of being safely executed as planned, including, without limitation, as a result of war, natural disasters or weather events, labor strikes, acts of terrorism, pandemic infection (including without limitation, events related to the COVID-19 virus), or other force majeure event, or any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of and/or Sweepstakes Entities, corrupt or affect the administration, security, fairness, integrity, or proper conduct and fulfillment of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, Sponsor reserves the right to select a winner from a random drawing from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension.

DISPUTES AND JURISDICTION: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE SWEEPSTAKES SHALL BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION IN NEW YORK, NEW YORK. EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

Official Rules. For a copy of the Official Rules, mail a self-addressed stamped envelope by first class mail to Be Good To Vote Hawaii Edition Sweepstakes Rules, 104 W. 29th Street, 11th Floor, New York, NY 10001, Attention: Digital Marketing Department. Sweepstakes entrants are hereby authorized to copy these Official Rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.

Privacy. Any personally identifiable information collected during an entrant’s participation in the Sweepstakes will be collected and used by Sponsor and its designees for the administration and fulfillment of the Sweepstakes and as otherwise described in these Official Rules and Sponsor’s privacy policy available at www.HeadCount.org/privacy-policy/. Should entrant register to vote, their information will be shared, as noted on the user interface, with the individual state election board in entrant’s home state, and also be added to databases of registered voters used exclusively for non-profit purposes and the purpose of encouraging voter turnout.

Winners List. A winners list is available only within sixty (60) days after the end of the Entry Period. To receive a copy of the winners list, mail a request to Be Good To Vote Hawaii Edition Sweepstakes Winners List, 104 W. 29th Street, 11th Floor, New York, NY 10001, Attention: Digital Marketing Department. In order to obtain a winner’s list, where permitted by law, send your written request and a self-addressed, stamped envelope (residents of VT and WA may omit return postage).

Intellectual Property Ownership; Access to Sweepstakes Website. You acknowledge and agree that the Sweepstakes Website and all content thereof, and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets therein, are owned by Sponsor or its licensors. Neither these Official Rules (nor your access to the Sweepstakes Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited, non-exclusive right to access the Sweepstakes Website for your own personal, noncommercial use. Sponsor and its suppliers reserve all rights not granted in these Official Rules. There are no implied licenses granted under these Official Rules.

All trademarks, logos and service marks (“Marks”) displayed on the Sweepstakes Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.