MID PAC PETROLEUM, LLC
GENERAL TEXT MESSAGING RULES AND GUIDELINES
General Program Description
These rules apply to the text messaging contests sponsored by Mid Pac Petroleum, LLC (the “Sponsor”).
The Sponsor’s text messaging contests are to provide eligible entrants with the ability to contact the Sponsor via text messages from their cellular telephones with the intent of entering contests.
Doing so will enter the entrant’s cell phone number into a data base that the Sponsor will use to send information to contestants via text message.
Such information may include information on contests, or promotions or news.
All messages sent to or from the Sponsor are identified by the short code 41411.
The Sponsor’s text message data bases will include, but not be limited to, the cell phone numbers of the entrants who have entered the contests.
The Sponsor may need each winner’s name, address and birthday to fulfill a contest and award the prize.
Messages sent from the Sponsor will be to encourage entry for a contest, thank the entrant for entering a contest, notify the winner, or to provide information.
Messages may be sponsored and contain a Sponsor message.
Whether an entrant is sending a message to the Sponsor or receiving a message from the Sponsor, standard text messages rates apply.
Entrants can opt of messaging by texting a message to 41411 containing the word “stop”;.
If an entrant opts out and subsequently texts the Sponsor to enter a contest, the entrant will have to opt out again.
Entrants can send text messages to the Sponsor and participate in various activities by including specific keywords in their messages sent to the Sponsor.
These specific messages are tied to the specific contest and can change from time to time.
Keywords will be announced on the Sponsor’s website, in email blasts sent to those signed up to receive it, texted to those signed up to receive texts, advertising announcements, and/or other alternative means as Sponsor may undertake from time to time.
Contesting keywords will enter the entrant into a contest.
An example of the use of this Keyword type might be texting the word “76 Hawaii” or “76Gas” to short code 41411.
General Contest Rules
- For any and all contests with text-message based entry, entrants will be asked through the website, text message, emailed message, or other advertising announcement to provide certain information via a text message submission to 41411. Text message entries must meet all requirements set forth in order to be eligible. Winners will be determined at random in accordance with the criteria set forth in which the entries were solicited and in accordance with the general rules set forth herein.
- Text message-based entry into any contest is subject to contest rules (generic and specific to the contest), generic contest rules, written contest rules applicable specifically to the contest, if any, and the Privacy Policy. The foregoing policies can be obtained at www.76Hawaii.com. Copies can also be obtained at the Sponsor’s office, 1100 Alakea Street, Honolulu, HI 96813.
- Unless otherwise specified, entrants must be 18 or older as of the start date of the contest to enter to win.
- After the Sponsor contacts the winner via phone and/or text message, the winner will have 48 hours to contact the Sponsor to make arrangements to claim the prize. The Sponsor will contact the winner at least twice during the 48 hours. If the winner does not claim the prize within 48 hours of the Sponsor’s initial contact, the prize will be forfeited, no alternative prize will be substituted, and a new winner will be contacted to win the prize.
- For texting contests, one entry per phone will be permitted, unless otherwise specified, and the phone owner is permitted to win only one prize every 30 days.
- Decisions of the Sponsor’s management are final. Such decisions may include, but are not limited to, whether an entry adheres to the entry criteria, the time of entry receipt by the Sponsor, the order in which the text message entries are received, the eligibility of the entrant, and in the event that the entry requires the submission of an answer or response, whether the answer or response is correct. Eligibility requirements are outlined in Sponsor’s general rules and rules specific to the contest.
- The Sponsor will not require the payment of an additional fee to enter any contest in which the means of entry is the submission of a text message.Standard text messaging rates, as established by an individual’s carrier, will apply, and the Sponsor assumes no responsibility for any fees or charges incurred for or associated with any text message sent to or from the Sponsor. By participating in the contest, entrants agree that the Sponsor may contact them, via phone or text message, at the telephone number from which the text message was received. Any and all fees arising out of the transmission of a text message shall be the sole responsibility of the entrant.
- By participating in a contest in which text message-based entry is permitted, entrants acknowledge that text messages are distributed and delivered through third party providers; the Sponsor does not guarantee and shall not be responsible for, the delivery or timeliness of any text message entry. The Sponsor will at all times consider the time that a message is logged as arriving in its system as being the time of entry, regardless of the time at which the entrant attempted to send the entry and any technical problems or other complications that may have delayed its delivery. The Sponsor, through its third party text messaging administrators, will store all messages received on its system.
- The Sponsor is not responsible for service outrages, message failures, transmission delays or any other factor affecting the availability or performance of the text messaging service. The Sponsor further reserves the right to cancel, terminate, or modify the contest if, in the sole discretion of the Sponsor, it is impossible or impractical to complete the contest as planned for any reason, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, or technical failures of any sort.
- The Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or who is otherwise in violation of the rules. If the Sponsor determines that any entry contains false, misleading or fraudulent information, such entry will be disqualified. The Sponsor may require, or request, proof of identity as to the rightful owner of the phone number from which the text message entry was sent. The Sponsor reserves the right, in its sole discretion, to disqualify any entry if the entry’s source and sender cannot be reasonably determined.
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GENERIC CONTEST RULES
These are the generic rules governing all contests sponsored by Mid Pac Petroleum, LLC (the “Sponsor”).
These generic rules are to be taken together with the Sponsor’s Privacy Policy, rules texted to contestants, available in written form at the Sponsor’s office, and/or those on the website (including general texting guidelines).
Contests are conducted by Sponsor.
Eligibility/Revision of Rules
- Some contests will have specific rules that may amend these generic eligibility values and these rules will be available on the Sponsor’s website during said contest. Rules and other policies referred to above are also available during normal business hours at 1100 Alakea Street, Honolulu, HI 96813.
- Unless otherwise specified in rules specific to a particular contest, contests are opened to all eligible people who live or work within the State of Hawaii.
- Unless otherwise specified in rules specific to a particular contest, the contestant must be 18 or older to win, as of the day the contest begins.
- Unless otherwise specified in rules specific to a particular contest, only one entry per household is permitted in a contest. “Household” is defined as any individuals residing at the same address.
- After winning a contest, the individual/household is ineligible to win any other contest for a period of 30 days.
- Contests are open to all eligible people except employees of the Sponsor and their immediate families, officers, directors and stockholders of the Sponsor, or sponsors or agencies involved in the production or distribution of materials for this contest. Immediately family is defined as the spouse, great-grandparents, grandparents, parents, brothers, sisters, children, grandchildren, and great-grandchildren of the employee and his/her spouse. This also includes individuals for whom the employee is current legal guardian.
- If it is determined that a selected contestant is ineligible as a result of any of the restrictions mentioned here or part of rules specific to a particular contest, another contestant will be selected, any prize awarded to an ineligible contestant will be deemed null and void, and an alternative eligible winner will be named.
- The decision of the Sponsor personnel acting as the contest judges is always final.
- No purchase is necessary to enter any contest. All federal, state, and local laws and regulations apply. Contest is void where prohibited by law.
- Although the Sponsor will make reasonable efforts to conduct its contests substantially as announced or advertised, the Sponsor reserves the right to change the contest rules as circumstances may require. Amended rules will be posted on the website as quickly as possible. In such cases, the contest will be conducted in accordance with the amended rules.
Use of Materials
- All entries become the property of the Sponsor and will not be returned. The Sponsor reserves the right to retain all contest materials for any reason, including those related to publicity and/or advertising.
- Anytime a contestant enters or wins a contest via in person, texting or online, the contestant should assume that the communication will be recorded and shall grant the Sponsor permission to use the contestant’s name and town and/or photo for promotional, broadcast or website purposes. No compensation, in cash or kind, beyond the prize itself, shall be expected or provided.
- If a contest requires photo entry, the contestant certifies that he/she has permission to publish the photo and shall grant permission to the Sponsor to use the photo on its website.
- For any contest requiring web entry, the website is www.76Hawaii.com. Unless otherwise specified in the contest rules for a specific contest, Sponsor personnel will choose web winners randomly. Entry deadlines will be specified.
- For any contest requiring text entry, the contestant will be instructed to text a certain word to 41411. Entry deadlines will be specified. Unless otherwise specified, Sponsor personnel will choose the text winners randomly.
- For the Sponsor’s web contests, e-mail promotions, and contests requiring an email or written entry, all appropriate information in required fields must be filled out or the entry will be disqualified. Required fields will be specified on line and on entry forms available at events. At a minimum, entrants must include the name of the contest or the prize, the entrant’s name, address, phone number, and date of birth. Entries can be submitted via www.76Hawaii.com, or mailed/delivered to 1100 Alakea Street, Honolulu, HI 96813.
- By entering a contest, the contestant agrees to be added to the Sponsor’s data bases. If a contestant wishes to modify his/her registration information or stop receiving e-mails from the Sponsor, he/she must click “Unsubscribe me” at the bottom of any newsletter. Contestants can opt out of text messages by sending a message to 41411 containing the word “stop”. If a contestant opts out and subsequently enters another contest, the contestant will have to opt out again.
- The Sponsor will contact winners at the conclusion of a contest via phone and/or email. The Sponsor will not share the winner’s entry information with anyone except as necessary for prize fulfillment (ex: a co-sponsor of the prize may need to know who won the prize).
Claiming Prizes
- Contest winners are solely responsible for all applicable local, state, and federal taxes on the prize awarded, as well as incidental expenses not specified (for example, gratuities). All winners of a prize(s) valued at $600 or more will be required to complete the appropriate tax forms at the Sponsor’s office prior to claiming a prize. Winners will be sent a 1099 Miscellaneous Income federal tax form if in one calendar year, the prize value of all prizes exceeds $600, or whatever amount is required by federal law for that tax year.
- Contestants must possess a valid form of identification bearing the picture of the contestant that is acceptable to the Sponsor, and presented before the prize is awarded. For prizes valued at $600 or more, the winner must present a Social Security card. Failure to present acceptable paperwork will result in the winner’s forfeiture of the prize. No substitute prize will be awarded.
- Winners will be expected to claim their prizes at the Sponsor’s office at 1100 Alakea Street, Honolulu, HI 96813, between 8:00 a.m. and 4:30 p.m., Monday through Friday (excluding holidays) within 30 days of being notified that they are winners, unless there is an expiration date on a prize which will be specifically stated (for example, tickets to an event or a specific date must be claimed by that date). Parking in Sponsor’s building’s parking structure will not be validated so winners should plan accordingly. If circumstances permit, the winner may be given the option to have prizes valued at less than $600 mailed to them. The Sponsor is not responsible for lost or misdirected mail and is not responsible for providing an alternate prize if the winner does not receive mailed prizes. Prizes not claimed by the deadline will result in the forfeiture of the prize, which shall remain the property of the Sponsor.
Transferability and Substitution Not Permitted
- Prizes awarded are not redeemable for cash. No prize is transferable or exchangeable. No substitution for a prize will be made at the request of winner. The Sponsor reserves the right to substitute a prize of similar value. The Sponsor cannot be held responsible for unforeseen circumstances, and no substitute prizes will be awarded if such circumstances exist. The Sponsor cannot be held responsible if a prize has been given by a company that subsequently goes out of business and no substitute prize will be awarded if such situation exists.
Liability
- The Sponsor assumes no liability for situations, damages, repairs, or incidents arising from any aspect of any prize awarded in any contest. The Sponsor, its advertising agencies, affiliates, contest sponsors, employees, and immediate families of each absolve themselves and shall be held harmless from any action or liability arising from any contest or prize awarded in any contest. As a condition of winning a contest, contestants shall sign a release form and affidavit of eligibility to claim their prize. Failure to do so will result in forfeiture of the contestant’s right to claim or receive the prize.
- In the event that the winner is subject to or the subject of any order or legal process issued by any governmental agency having jurisdiction over the affairs of the winner (i.e., garnishment, child support order, judgment, lien, and the like), the Sponsor’s delivery of the prize to the official representative of the governmental entity claiming a right to the prize shall be thus deemed as the Sponsor awarding the prize to the winner. The Sponsor shall be entitled to rely upon any documents presented by the representative seeking to collect the prize in lieu of the winner. The Sponsor shall not be liable for any claim by any winner for damages incidental thereto.
- Where applicable, the Sponsor, its affiliates, participating sponsors, their agencies and the like, or any member thereof, makes no claims of merchantability of the prize. See manufacturer(s) for complete warranty and operating instructions as it pertains to the prize.
- The Sponsor reserves the right to interrupt and/or discontinue any contest or promotion (and not award the offered prize) at the discretion of the Sponsor’s management if world events, the national mood, or public safety so warrant.
- The Sponsor shall have no responsibility for any contestant’s failure to win, win or claim any prize based upon difficulties with telephone, facsimile, mail, texting, email, internet, or transportation difficulties, or any circumstances in any contest.
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PRIVACY POLICY
Mid Pac Petroleum, LLC (“76Hawaii”) values your privacy and will not violate your trust when providing us your personal information on www.76Hawaii.com, through our e-mail, text messaging, or other contest entry forms. Please read the following statement and feel free to contact us if you have any questions.
76Hawaii collects personal information during contests or sweepstakes, as well as interactive areas requiring registration. Information is collected in certain portions of sites in which guests provide content submissions and suggestions or participate in interactive online activities (e.g., voting, surveys, and contest registrations). Information is also collected when contestants enter texting contests, or enter information from our email newsletters. 76 Hawaii may use such information to fulfill prizes and purchases, track compliance with our rules and terms and conditions, or for editorial and feedback purposes (to the extent that is explained when guests provide the information). In the event 76Hawaii plans to post any such information on a site, guests are provided prior notification of such posting and given the option of preventing such posting.
Unless otherwise disclosed during collection, 76Hawaii will NOT provide any personal identification information, regardless of its source, to any third party for any purpose whatsoever. 76Hawaii does not post winners’ e-mail addresses or phone numbers on the 76Hawaii website. It is our goal to make your visits to our site easy, private and enjoyable.
Information submitted at the time of registration or submission (whether via internet, texting, email or via written entry) may be use for marketing and promotional purposes by 76Hawaii. If a contestant objects to any such use, he/she may stop that use – either by e-mail request or by modifying his/her registration information online. When you register with 76Hawaii, every effort will be made to maintain your information in a secure environment by 76Hawaii.
If you wish to modify your registration information or stop receiving e-mail updates from 76Hawaii, follow the UNSUBSCRIBE link at the bottom of the email. Or for text messages reply “STOP” to text message you receive. If a contestant opts out and subsequently enters another contest, the contestant agrees to be added to 76Hawaii’s data bases.
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