CONTEST DESCRIPTION: The 2022 Drive Aloha PSA Video Contest (the “Contest”) begins on or about September 12, 2022 at 12:01 a.m. Hawaii Standard Time (“HST”) and ends on October 28, 2022 at 11:59 p.m. HST (the “Contest Period”). The Contest Period consists of an entry phase that begins at 12:01 a.m. HST on September 12, 2022 and ends at 11:59 p.m. HST on November 4, 2022 (the “Entry Phase”) and a viewing phase that begins at 12:01 a.m. HST on November 7, 2022 and ends at 11:59 p.m. HST on November 13, 2022 (the “Viewing Phase”).  The Contest provides entrants with the opportunity to create an original video message up to 60 seconds in length answering the question, “What Does Drive Aloha Mean to You,” promoting DTRIC Insurance’s Drive Aloha Campaign (the “Campaign”) and to submit the video for consideration.  Eligible submissions will be posted online for others to view and judge, as more fully set forth below. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of DTRIC Insurance, 1600 Kapiolani Blvd., Ste 1520, Honolulu, HI 96814 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY: Only legal U.S. residents who are currently enrolled in a private or public high school in Hawai’i are eligible to enter. Sponsor, DTRIC Insurance Company, Limited, their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the “Contest Entities”) and the immediate family members, and/or those living in the same household of each, are ineligible to enter the Contest or win a prize.  Additionally, members of any union or guild that would prevent the individual from performing as contemplated herein or granting the rights granted in these Official Rules are not eligible to enter.

HOW TO ENTER THE CONTEST: To enter, visit the web site (the “Website”), complete the submission form found in the download package with the information requested, and follow the online instructions to upload and submit your video (the “Submission”) directly to the Website.  Each Submission that is entered into the Contest must meet the following “Submission Requirements” (any video that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified): 

• (a) the Submission must be no longer than ninety (60) seconds in length;
• (b) the Submission must be the submitting entrant’s original, previously unpublished work and not infringe upon the rights of any third party;
• (c) the Submission must include the school name, director’s name (first initial, last name for up to 5 people), and video title on the “lower third” of the video itself, in a san-serif  font; and
• (d) online Submissions must be uploaded as a .MPEG4, MOV, .AVI, .MPEGPS, or .WMV file.

Submissions must be received by the end of the Entry Period.  No substitutions of new versions of a Submission will be accepted once the original Submission is submitted for consideration.  Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry.  All requested information on the Contest page or Contest message must be provided to enter and to be eligible to win.  Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy notice found on the Website and with the consent given by an entrant at the time of entry.  Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.  Proof of submission is not considered proof of delivery to or receipt of such entry.  Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor.

IMPORTANT NOTE: Without in any way limiting the effect of the rest of these Official Rules, any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk.  Without in any way limiting, expanding or amending the Terms of Use policy residing on the Website, which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be removed from the Website and disqualified from the Contest, as Sponsor may determine in its sole discretion.  Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.

 FINALIST SELECTION AND NOTIFICATION: At the conclusion of the Entry Period, and assuming a sufficient number of eligible entries are received, Sponsor or its designee will approve the submissions based on the previously listed contest eligibility and criteria. The Submissions will be made available on the Website for viewing by the general public during the Viewing Phase.  At the end of the Viewing Phase, the ten (10) Submissions receiving the most votes will proceed in the Contest as Finalists. Entrants will be disqualified if automatic voting software is used in their favor. Votes received by refreshing browsers or using direct links will not be counted. Sponsor shall have no liability for any Finalist notification that is lost, intercepted or not received by a potential Finalist for any reason. If, despite reasonable efforts, a potential Finalist does not respond within seventy-two (72) hours of the first notification attempt, or if the Finalist notification is returned as unclaimed or undeliverable to such potential Finalist, such potential Finalist will forfeit his or her status as a Finalist and an alternate Finalist may be selected. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential Finalists in accordance with the above procedure, after which no more potential Finalists will be contacted.  If any potential Finalist is found to be ineligible, or if he or she has not complied with these Official Rules or declines the invitation to perform or, if applicable, the prize for any reason prior to award, such potential performer or, if applicable, prize winner will be disqualified and an alternate performer or, if applicable, prize winner may be selected.

CONTEST JUDGING AND WINNER SELECTION: The ten (10) Finalists’ submissions will be reviewed by panel of judges consisting of DTRIC executives and local personalities. (“Judges”). The First and Second prize winners will be selected from among the ten (10) Finalists submissions based on the following criteria:  (1) relevance – 40%, (2) creativity – 40%, and (3) technical requirements – 20% (the “Judges Score”).  Using these criteria, the Judges will select one (1) Submission with the highest Judges Score as the First prize winner. Judges will also select Second prize winner with the second highest score. In the event of a tie, an independent judge will judge the tied entries using the criteria set forth above to determine the one (1) First prize winner.  All decisions of Judges and Sponsor are final and binding.

The First and Second prize winners will be invited to appear on Hawaii News Now Sunrise (“Sunrise”) to present their winner submissions. The Sunrise appearance date, time and location is subject to change at Sponsor’s sole discretion. Oahu prize winners are responsible for all transportation to and from the Finalist Event; Neighbor Island prize winners will be provided airfare and transportation to and from the Daniel K. Inouye International Airport. The prize winners’ submissions may also be recorded by representatives of Sponsor and Hawaii News Now (the “Produced Submission”).

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:  Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; and (iii) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous, be in any other way contrary to law, likely to cause offense or contrary to public morals.  Each entrant hereby agrees to indemnify and hold the Contest Entities, their successors and assigns harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations, covenants or obligations of entrant hereunder.

PUBLICITY RELEASE:  By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or winner of the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, biographical information, Submission, Produced Submission and the results and proceeds of his/her performance at the Sunrise appearance (the “Appearance“), in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Submission, the Website, the Contest or other promotions, and hereby releases the Contest Entities, and their respective successors, assigns and licensees from any liability with respect thereto. 

GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Submission, Produced Submission and Appearance for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission, Produced Submission and/or Performance for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Each entrant hereby acknowledges that such entrant does not reserve any rights in or to the Submission.

PRIZES/APPROXIMATE RETAIL VALUES:

 One (1) First Prize is available.  The First Prize consists of a $2,500 cash award to the entrant’s school as well as the chance to have their video appear on Sponsor’s digital channels, including but not limited to Facebook, Instagram, Website, and online display advertising.

One (1) Second Prize is available.  The Second Prize consists a $1,000 cash award for the entrant’s school.

No cash alternative or prize substitutions will be allowed except Sponsor reserves the right to substitute prize of comparable value if a prize listed is unavailable for any reason. Need not be a cable subscriber to win a prize, some restrictions may apply.

GENERAL PRIZE CONDITIONS: Prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequence thereof, and for any other fees or costs associated with the applicable prize. Any potential Finalist must execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a Finalist fails or refuses to sign and return all Prize Claim Documents within three (3) days of prize notification (or a shorter time if required by exigencies), the Finalist may be disqualified and an alternate may be selected.

Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished by third parties in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

 

No Obligation to Use:  Sponsor shall have no obligation (express or implied) to use any Submission, Produced Submission or Appearance or to otherwise exploit any Submission, Produced Submission or Appearance, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission, Produced Submission or Appearance for any reason, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.

 

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Contest Entities (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity (including, without limitation, the Appearance), or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s or any other person’s computer system which is occasioned by accessing the Website or otherwise participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the damaged, stolen, or postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order, or regulation, public health crisis (e.g. COVID), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Sweepstakes portion of the Contest is terminated before the designated end date, Sponsor will (if possible) select Finalist(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF HAWAII WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

WINNER’S LIST/OFFICIAL RULES: Any legally required winner’s list may be obtained by sending a self-addressed, stamped envelope to 2022 Drive Aloha PSA Video Contest Winners, DTRIC Insurance, 1600 Kapiolani Blvd., Ste 1520, Honolulu, HI 96814. All such requests must be received within six (6) weeks after the end of the Contest Period.