Aloha Petroleum Presents 

Commemorative Mug Design Contest 

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. 

A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR

OPPORTUNITY TO WIN.

THE CONTEST IS OPEN TO ALL HAWAII HIGH SCHOOL STUDENTS. 

The Commemorative Mug Design Contest (the “Contest”) is sponsored by Aloha Petroleum, Ltd., 1001 Bishop Street, Suite 1300 Honolulu, HI 96813-3489 (“Sponsor”), and is administered by Becker Communications, Inc., 119 Merchant St. Suite 300, Honolulu, HI 96813 (“Administrator”) (collectively, the “Contest Entities”).  

1. ELIGIBILITY FOR CONTEST ENTRANTS:  This Contest is open to all Hawaii high school students attending grades 9 through 12 at a private, public or homeschool.  Each Contestant will be required to provide Sponsor or Administrator with proof of eligibility. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies and prize suppliers are not eligible. 

2. CONTEST TIMING AND PHASES:  

A. CONTEST PHASES:  The “Contest Period” begins on September 1, 2023 and ends on December 1, 2023.  The Contest consists of the following phases:

i. ENTRY PHASE: The “Entry Phase” starts on September 1, 2023 at 9:00 A.M. HST and ends on December 1, 2023 at 4:00 P.M. HST. During the Entry Phase, eligible Contestants may submit a Mug Art Design (the “Design”) by following the instructions set forth in Section 3 of these Official Rules.

ii. JUDGING PHASE: The “Judging Phase” starts on December 15, 2023 and ends on or about December 31, 2023. 

B. DESIGN PHASE FOR COMPLEMENTARY ART COMPONENTS FOR WINNING DESIGN:  The Grand Prize Winner will be judged solely on the submitted mug design. Starting on or around January 6, 2024 and ending on or about March 1, 2024, the Grand Prize Winner, as defined in Section 6, shall create the following additional complementary art components based on the winning Design:

1. Box Art (Back Panel) – 10” x 8”;

2. Box Art (Top Panel) – 10” x 8”;

3. Gift Card Art (Front) – 10” x 10”; and

4. Gift Card Art (Inside Watermark) – 9” x 8”. 

In accordance with Section 7.A.ii, the complementary art components are required to be completed by the Grand Prize Winner before award of the Grand Prize.

3. HOW TO ENTER THE CONTEST:  During the Entry Phase, Designs submitted for the Contest must be mounted on an 8 x 10-inch white matte, poster board or semi-rigid board and covered by clear acetate (or plastic wrap which is secured by tape on the backside) for protection, and securely wrapped and mailed or hand delivered to: 

Casie Bui or Veronique Nguyen

Aloha Petroleum, Ltd

1001 Bishop Street, Suite 1300

Honolulu, HI 96813-3489 

An official entry form must be securely attached to the back of the mounted Design. The official entry form can be obtained from the Sponsor’s website at www.alohagas.com. The Contestant must provide all requested registration information on the entry form.  An eligible Contestant’s Design and properly completed entry form shall be referred to collectively as an “Entry”.  To be eligible, all Entries must be received by December 1, 2023 at 4:00 P.M. HST and must conform to these Official Rules. 

Restrictions.  Each individual may submit up to three (3) separate Designs for this Contest.  If a Contestant submits or attempts to submit more than three (3) Designs using multiple identities, or otherwise, all of the Contestant’s Designs will be declared null and void and Contestant will not be eligible to participate in the Contest.  Any attempted form of participation in the Contest other than as described in these Official Rules shall be void.  

4.     MUG DESIGN GUIDELINES AND CONTENT RESTRICTIONS:   

● The original art Design must fit inside an 8 x 10-inch box outline. The original art does not have to fill the designated box size, but must not be larger than those constraints. 

● Contestants must avoid designs with personalized images and names of family, friends, or other organizations. 

● The Design must be an original and created solely by the Contestant; the Design must not be plagiarized.

● Artwork for the Design can be created in any medium (painting, sketch, watercolor, etc.).  No photography or digital art will be accepted.

● No black-and-white submissions will be accepted or eligible for the Contest.

● The Design must not be previously published or previously won a prize or award.

● The Design must not have been submitted previously in a contest/promotion of any kind.

● The Design must not contain material that violates or infringes upon another's rights including, but not limited to, privacy, publicity, copyright, trademark or any other intellectual property rights.

● The Design must not contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, defamatory, slanderous or libelous.

● The Design must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, ethnicity, gender, religion, nationality, disability, sexual orientation or age.

● The Design must not contain material that is unlawful, in violation of, or contrary to applicable federal, state or county laws, rules or regulations.   

The determination of a Contestant’s compliance with the above guidelines and content restrictions shall be made by the Contest Entities in their sole and absolute discretion.

5. GENERAL SUBMISSION TERMS:  

A. By submitting a Design, Contestant understands and agrees that his/her Design will be viewable anywhere the Contest Entities deem necessary.  A Contestant’s Design, first name and last name, and hometown may be listed publicly.  

B. EACH CONTESTANT UNDERSTANDS AND AGREES THAT HE/SHE WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION OR ROYALTY (OTHER THAN THE PRIZE STATED HEREIN IF SELECTED AS A WINNER) IN EXCHANGE FOR SUBMITTING A DESIGN.  

C. The Contest Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, or misdirected Designs – all of which will be deemed void. 

D. All Designs, including any additional complementary art components, become the sole property of the Sponsor and upon submission of the Design, a Contestant assigns, transfers and conveys to Sponsor all right, title and interest in and to the Design and all copyright and other intellectual property rights in and to said Design, including all rights of registration, display, reproduction, distribution, rights to prepare derivative works and all other rights which are incident to copyright ownership, for the entire period the Design is entitled to copyright.  Upon entry of a Contestant’s Design, each Contestant waives all moral rights and rights of attribution and integrity in and to the Design under 17 U.S.C. Section 106A, as amended.  Each Contestant represents and warrants that the Design does not violate or infringe upon the copyright or other intellectual property rights of any third party, and that Contestant will warrant and defend the same unto the Sponsor and its successors and assigns against the lawful claims and demands of all persons whomsoever.  Contestant agrees to execute, acknowledge, and deliver all approvals, releases, applications, renewals, and further instruments, if any, and provide such additional assistance, as Sponsor may deem necessary or desirable to evidence Sponsor’s title in such Design and Sponsor’s rights to use the Design.

E. Upon submission of a Design, a Contestant covenants with Sponsor that the Design is Contestant’s sole, exclusive and original creation; that Contestant owns all right, title and interest in and to the Design; that Contestant has not heretofore pledged, assigned or otherwise granted any rights in the Design, or any part thereof, or any interest therein, to any third party; that the Design is free and clear of and from all claims, encumbrances and rights of others; and that Contestant shall WARRANT and DEFEND the same unto Sponsor against the lawful claims and demands of all persons.  

6. CONTEST JUDGING AND SELECTION OF THE PRIZE WINNER:  During the Judging Phase, a panel of judges (the “Judges”) comprised of representatives of the Sponsor will review all Designs received during the Entry Phase. Each Entry must comply with the Design Guidelines and Content Restrictions outlined in Section 4.  Using these criteria, the Judges will select one (1) Design with the highest Judges’ Score as a potential “Grand Prize Winner.” 

7. PRIZES:

A. Grand Prize (1) and Runner-up Prizes (2):  

In addition to having his/her Design selected as the basis of the design for the Aloha Petroleum commemorative mug, which Aloha Petroleum, Ltd., as the Sponsor, will print and distribute, the Grand Prize Winner will also receive a One Thousand and 00/100 Dollars ($1,000.00) cash award. The Second Place Winner will receive Seven Hundred and 00/50 Dollars ($750.00) and the Third Place Winner will receive Five Hundred and 00/00 Dollars ($500.00) cash award (collectively, the “Prize Winners” and, individually, a “Prize Winner”).  

i. The winning Contestant will work with the Sponsor’s design team to retrofit his/her winning Design to the necessary size requirements for the Mug design. 

ii. The winning Contestant will be required to provide additional complementary art designs for the Mug’s box and packaging as noted in Section 2.B. 

iii. The Sponsor reserves the right to alter, change or modify the content of the winning Design, in its sole discretion. Upon request of the Sponsor, the winning Contestant shall execute and deliver such additional instrument of assignment, as may be solely deemed by the Sponsor as reasonably necessary to establish the ownership of record of the rights, title and interest in the Design and its content, and to the copyrights transferred to and waived through the “Moral Rights of Authors” under these Official Rules. Should the Sponsor fail to request said assignment, that shall not be deemed a waiver of the Sponsor’s rights and Sponsor may at a later time request the assignment. 

iv. By accepting a prize, the winning Contestant  agrees that his/ her Design and its content are deemed a Work Made For Hire under the Copyright laws of the United States, but if they cannot be so deemed, then the winning Contestant irrevocably assigns and transfers to Sponsor all of his/her rights, title and interest in and to his/her Design, including but not limited to all, copyright and trademark rights which he/she may have in the Design in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. The winning Contestant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” and any similar rights or principles of law that the winning Contestant may now or later have to his/her Design and its content. 

B. All prizes are non-assignable, and non-transferable. In the event of force majeure, Sponsor reserves the right to substitute a prize of equal or greater value.  Each Prize Winner is solely responsible for the payment of all federal, state and county taxes imposed on the prizes. Prize Winner is solely responsible for any and all costs and expenses associated with a Prize that is not expressly set forth herein.  Sponsor will not be obligated to make more than three (3) attempts to award a prize to any winner or alternate winner. After three (3) failed attempts to award a prize to any winner, the prize will be forfeited and declared null and void, and Sponsor will have no further obligation to award the prize to the winner. 

8.  HOW TO CLAIM A PRIZE, AFFIDAVITS AND RELEASES: 

The Grand Prize Winner and Runner-up Prize Winners will be contacted at the phone numbers or e-mail addresses submitted by the Contestants with their Designs.  Before being declared a Prize Winner, the potential winner will be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release and tax acknowledgement form (collectively, the “Affidavit”) within seven (7) calendar days from the date of notification.  If the potential winner fails to timely return a valid notarized Affidavit, the Sponsor, at its sole and absolute discretion, may award the prize to an alternate Contestant.  The Prize will be forfeited if:  (i) a potential Prize Winner is found to be ineligible or not in compliance with these Official Rules; (ii) a potential Prize Winner declines to accept the Prize; (iii) Sponsor is unable to contact a potential Prize Winner within seven (7) calendar days; or (iv) the Prize confirmation or Prize is returned undeliverable.  In such event, the Sponsor, at its sole discretion, may award the Prize to an alternate Contestant. 

9.  RELEASE:   

The Contest Entities and each of their respective officers, directors, employees, agents, contractors, shareholders and affiliates are not responsible or liable for any of the following: (a) illegible, lost, late, incomplete, stolen, or misdirected Designs; (b) any technical, mechanical, or typographical or other error, or unauthorized human intervention; (c) the incorrect or inaccurate capture of registration information; or (d) the failure to capture or the loss of any such information.  Contest Entities are not responsible for any incorrect or inaccurate information. Sponsor reserves the right at its sole and absolute discretion to cancel, terminate, modify or suspend the Contest at any time, including the process for determining the winners.   

CONTEST ENTITIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT WITH RESPECT TO ANY PRIZE OR ANY COMPONENTS OF THE PRIZES VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. A CONTESTANT MUST CHECK LOCAL LAWS TO LEARN IF ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.   Contest Entities are not responsible for, and shall be indemnified by the Prize Winner against, any claims, injuries, losses or damages of any kind resulting from acceptance, use, misuse, possession, or loss of a prize.  If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable.  

By entering or participating in the Contest, each Contestant agrees: (i) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and Administrator, which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Contest Entities in connection with the Contest or the Contest Entities’ use of the Design;  (iv) to forever and irrevocably  release, defend, indemnify, and hold harmless each of the Contest Entities from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, losses, liabilities, damages, obligations,  costs and expenses (including, without limitation, reasonable attorneys’ fees) (collectively, “Damages”) that may arise or that any Contest Entity may incur in connection with: (a) the Contest, including but not limited to any Contest-related activity or element thereof, and the Contestant’s Design, participation or inability to participate in the Contest, (b) the violation of any third party privacy, personal, publicity,  proprietary or intellectual property rights, or any failure by Contestant to obtain the consent of any third party with respect to any Design content, (c) typographical or printing errors in these Official Rules, the Page, or any Contest materials, (d) acceptance, receipt, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with any prize , (e) any change in the prize (or any components thereof) in connection with the Contest including changes due to unavailability, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other event of force majeure or cause beyond any of the Contest Entities’ control or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Contest, (g) human error, (h) incorrect or inaccurate transcription, receipt or transmission of any part of the Design (including, without limitation, the information or any parts thereof),(l) any lost or delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (m) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged designs, (n) any wrongful, negligent, or unauthorized act or omission on the part of any of the Contest Entities, (o) lost, late, stolen, misdirected, damaged or destroyed prize (or any element thereof),  (p) the negligence or willful misconduct by Contestant, (q) the breach of any representation or warranty by Contestant as provided for in these Official Rules, and (r) claims asserted by third parties against the Contest Entities in connection with the Design or intellectual property infringement; (iv) to waive any and all claims, demands or causes of action, either in law or equity, that Contestant  may have or hereafter have against Contest Entities for defamation, invasion of privacy, right of publicity, infringement of copyright or violation of any other right arising out of or relating to any Design, the Contest or required consents; and (v) to waive all Damages to person and to property in connection with or arising out of the Contest.   

10.  DISPUTE RESOLUTION:  THE CONTEST, THESE OFFICIAL RULES, THE CONTEST AND ALL ACTIVITIES IN CONNECTION THEREWITH ARE GOVERNED BY, AND SHALL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF HAWAII, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HONOLULU, HAWAII. 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 DISPUTE PREVENTION & RESOLUTION, INC., IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“DPR RULES”).  THE DPR RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN THE STATE OF HAWAII.  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 ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS SHALL BE A PERIOD OF ONE YEAR FROM THE END DATE OF THE CONTEST PERIOD. ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.    

11.  PRIVACY POLICY:  Each Contestant agrees that personal data, including but not limited to, name, mailing address, phone number, and e-mail address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. This data may also be used by Sponsor to verify a Contestant’s identity, postal address and telephone number in connection with the award of a Prize in accordance with Sponsor’s terms and conditions found at http://alohagas.com/terms.html. If a Contestant does not provide the required data when requested at any point during the administration of this Contest that Contestant’s Design will be ineligible to receive a Prize. By entering this Contest, Contestant agrees to Sponsor’s use of Contestant’s name and likeness and Design for advertising and promotional purposes without additional compensation, unless prohibited by law.

12.  PUBLICITY RIGHTS:  By entering the Contest and/or accepting a Prize, each Contestant and Prize Winner: (i) authorizes Sponsor to record, photograph and otherwise electronically capture his/her likeness; (ii) grants to Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos, appearance, likeness, voice and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet, without notice, review or approval by Contestant or Winner, and without additional compensation except where prohibited by law.  

13.  GENERAL:  By entering this Contest, Contestants agree to abide by and accept these Official Rules to abide by and accept the decisions of Sponsor or Administrator, which shall be final and binding in all respects.  Contestants waive any right to claim ambiguity in these Official Rules.   In no event will more Prizes be awarded than are stated in these Official Rules.  In the event that, due to technical, typographical, mechanical, human or other errors of any kind, there are more potential Prize Winners for any particular prize than are stated in these Official Rules, a random drawing will be held to determine the Prize Winners from among all eligible and valid Designs received for that particular prize(s).  All applicable federal, state and local laws and regulations apply to this Contest.  Sponsor reserves the right, in its sole discretion to cancel, terminate, modify this Contest and proceed in a manner it deems fair and reasonable, including the selection of Winners in a random drawing from among all eligible Designs received prior to and/or after (if appropriate) the action taken by Sponsor, as described in Section 8.  All Designs submitted become the property of Sponsor and will not be returned. Contest Entities are not responsible for any lost, late, or undeliverable/undelivered Designs.  In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in any Contest materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), these Official Rules shall prevail.  

14.  ELIMINATION: Any false information provided within the context of the Contest by any Contestant concerning identity, mailing address, telephone number, e-mail address, ownership of right or any other non-compliance with these Official Rules may result in the immediate elimination from the Contest and/or Entry from the Contest. If a Contestant is suspected of submitting fraudulent Designs or of inciting others to submit fraudulent Designs, that Contestant may be disqualified and his/her Designs be removed, in Sponsor’s sole discretion. Sponsor reserves the right to disqualify any person found or suspected of tampering with the entry process or the operation of this Contest, to be acting in violation of these Official Rules, to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or disrupt the normal operation of the Contest.

15.  NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of a Design to the Contest, the awarding of a Prize, or anything in these Official Rules or in connection with the Contest be construed as an offer or contract of employment with Sponsor or Administrator.

 

 

© 2024 Aloha Petroleum, Ltd.  All rights reserved.