Get Postmated to Honolulu Official Rules

1. No Purchase Necessary; Entry Instructions. NO PURCHASE OR PAYMENT OF ANY MONEY IS NECESSARY TO ENTER. A PURCHASE WILL NOT IMPROVE THE CHANCES OF WINNING.

To enter the “Get Postmated to Honolulu” (the “Promotion”), do one of the following:

• Place an order through the Postmates app for something in the Hawaiian collection
• Enter promo code “HI” into the Postmates app
• Be at least eighteen (18) years of age or older as of the date of departure

One entry per individual. Sponsor (as defined below) in its sole discretion will decide whether a given entry satisfies the criteria for entry in the Promotion. Multiple entrants are not permitted to share the same email address or social media handle. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email or addresses, accounts, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any entrant, the authorized account holder of the email address or social media handle associated with the entry will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address or social media handle by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media handles for the domain or social media account associated with the entry. Each potential winner may be required to show proof of being the authorized account holder. Sponsor will make the final determination of identity of entrants in its sole discretion.

2. Promotion Period. This Promotion begins at 9 am Pacific Time (“PT”) on November 14, 2017 and ends at 11:59 pm PT on November 21, 2017 (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Promotion. All entries must be received during the dates and times specified in the Promotion Period. Odds of winning the Promotion depend on the number of eligible entries received during the Promotion Period.

3. Eligibility. In order to be eligible, entrants must be (i) at least the age of majority in their jurisdiction of residence; and (ii) a legal resident of California. Void where prohibited by law. Employees of Sponsor and its parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible.

4. Drawing and Notification. The winner(s) will be selected by a random-chance selection. Sponsor will notify winner(s) by email, or by social media, and/or by other means provided within the Promotion materials, on or around November 22, 2017. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account. The winner must then respond to Sponsor within one (1) day. Should the winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that winner and select a new winner in a second-chance random selection. Winner may be required to sign an affidavit of eligibility, liability release and a publicity release. By entering or accepting any prize, winner allows Sponsor to use the winner’s entry, name, photograph, likeness, voice, opinions, prize information, biographical information, hometown and state for publicity and promotional purposes without further compensation where permitted by law. Except where prohibited, participation in the Promotion constitutes entrant’s consent to Sponsor’s use of entrant’s entry, name, likeness, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.

5. Prize.

Three (3) winners will receive the following prize:

• 2 round-trip flights to Honolulu on Alaska Airlines/Virgin America in main cabin
• 3 nights at a hotel (will be provided via a $1000 Visa gift card)
• $500 in general credit on any Postmates orders
  The approximate retail value of the prize(s) is $USD $3500. (Plus any conditions on use of the prize, if any).

Total aggregate retail value of the prize is up to USD $3500

No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. Winner is responsible for all taxes and fees associated with the receipt and/or use of the prize.

Winner is responsible for all transportation that is not set forth above, including without limitation, to and from the departing and arrival airports. All other expenses and costs not expressly stated in the prize description above including, but not limited to, ground transportation, meals, beverages, incidentals, taxes, passenger tariffs or duties, surcharges, airline or airport fees, service charges, facility charges, gratuities, optional excursions and purchases made during trip, are solely the winner’s responsibility. Travel must occur within the dates specified above. Travel and accommodations are subject to availability. Released Parties are not responsible if travel is delayed, postponed or cancelled for any reason, in which event that portion of Prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. No refund or compensation will be made in the event of the cancellation, postponement or delay of any travel. Winner’s companions must be of legal age of majority in their jurisdictions of residence (and at least eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner), unless accompanied by a parent or legal guardian.

6. Conditions of Participation. By submitting an entry for this Promotion, you agree to abide by these rules and any decision Sponsor makes regarding this Promotion, which Sponsor shall make in its sole discretion. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any entrant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor or any Sponsor partner site, the entry process, intentionally submits more than a single entry, violates these rules, or acts in an unsportsmanlike or disruptive manner.

7. Intellectual Property: Ownership of the pre-existing underlying intellectual property of the entrant remains the property of the entrant subject to Sponsor’s rights to reprint, display, reproduce, perform, use, and exhibit the entry for the purpose of administering and promoting the Promotion and for Sponsor’s marketing and advertising purposes. By participating in the Promotion, each entrant grants to Sponsor a non-exclusive, worldwide, fully paid, royalty-free, perpetual, transferable license to reprint, display, reproduce, perform, use, and exhibit (including the right to make derivative works of) the entry and materials and information submitted on and in connection with the Promotion or use or receipt of the prize for any and all purposes in any medium. Each participating entrant hereby warrants that any entry and other materials and information posted or provided by entrant are original with entrant and do not violate or infringe upon the copyrights, trademarks, rights of privacy, publicity, moral rights or other intellectual property or other rights of any person or entity, and do not violate any rules or regulations. If the entry or information or materials posted or provided by entrant contain any material or elements that are not owned by entrant and/or which are subject to the rights of third parties, entrant represents he or she has obtained, prior to submission of the entry and information or materials, any and all releases and consents necessary to permit use and exploitation of the entry and information and materials by Sponsor in the manner set forth in the Official Rules without additional compensation.

Each entrant warrants that the entry and materials and information posted or provided do not contain information considered by entrant, its employees or personnel, or any other third party to be confidential, and that the entry, materials and information provided do not violate any laws or regulations. Entrant agrees that Sponsor has the right to verify the ownership and originality of all entries and that, upon Sponsor’s request, entrant must submit a written copy of any release or permission entrant has received from a third party granting entrant the right to use such property. Entrant understands and acknowledges that in the event a submission is selected as a winning entry, and entrant’s ownership, rights and the originality of the entry cannot be verified to the satisfaction of Sponsor or is in any other way ineligible, Sponsor may select an alternate winner.

8. Disclaimer, Release and Limit of Liability. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRIZE OR YOUR PARTICIPATION IN THE PROMOTION. BY ENTERING THE PROMOTION OR RECEIPT OF ANY PRIZE, EACH ENTRANT AGREES TO RELEASE AND HOLD HARMLESS INSTAGRAM, FACEBOOK, SPONSOR, AND EACH OF THEIR SUBSIDIARIES, AFFILIATES, SUPPLIERS, DISTRIBUTORS, ADVERTISING/PROMOTION AGENCIES, AND PRIZE SUPPLIERS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, NEGLIGENCE, GROSS NEGLIGENCE OR OTHER TORTIOUS CONDUCT, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) 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 PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION OR THE PROCESSING OF ENTRIES; OR (5) 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 PROMOTION 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 Promotion, provided that if it is not possible to award another entry due to discontinuance or completion of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance or completion for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.

9. Privacy and Use of Promotion Information. Sponsor collects personal information from you when you enter this Promotion. By entering this Promotion, you expressly consent to Sponsor sharing the contact information provided by you with Virgin America/Alaska Air in connection with the Promotion. Sponsor reserves the right to use any information collected in accordance with its privacy policy, which may be found at https://postmates.com/privacy.

10. GOVERNING LAW AND DISPUTES: THESE OFFICIAL RULES AND THE PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, AND THE FORUM AND VENUE FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES SHALL BE IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND WILL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF SAN FRANCISCO, CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

11. Sponsor. Sponsor of this Promotion is Postmates Inc., 425 Market Street, 8th Floor, San Francisco, CA 94105 (“Sponsor”).