Star of Honolulu's Whale Watch Photo Contest

Official Rules, Terms & Conditions

SPONSOR
Sponsor is Star of Honolulu Cruises & Events, 1540 South King Street, Honolulu, Hawaii 96826, USA

TERM
Star of Honolulu's Whale Watch Photo Contest begins December 26, 2011 and ends April 15, 2012. Information on how to enter and prizes form part of these Official Rules. By submitting an entry, each entrant agrees to the Official Rules and warrants that his or her entry complies with all requirements set out in the Official Rules.

WHO MAY ENTER
The Contest is open only to individuals who are 18 years of age or older as of December 26, 2011. Employees of Star of Honolulu and related companies and their immediate families (parent, child, sibling and respective spouses) are not eligible to win any weekly prize or grand prize, although they may submit photos for viewing by the public in the contest gallery by submitting images via contest entry process.

HOW TO ENTER
To enter, visit www.starofhonolulu.com/whales (for English language) or www.starofhonolulu.com/whale (for Japanese language); complete an entry form with the required information, and submit along with your photograph(s) in accordance with the instructions that follow.

A maximum of five (5) photos per entrant will be included in random weekly drawings, regardless of the total quantity of photos submitted by entrant. Entrants may participate in a maximum of one weekly drawing during the contest period. Any attempt to obtain more than one entry by using multiple and/or different identities or any other method will void all of that person's entries and that person may be disqualified at the discretion of Star of Honolulu.

Each Entry consists of an entry form requiring participant to submit their name, email address, and photo(s). Each entry must comply with the following requirements:

1. Photographs must be in digital format. Only online entries will be eligible. No print or film submissions will be accepted for entry into this Contest. The photograph need not be taken with a digital camera; scans of negatives, transparencies, or photographic prints are acceptable. All digital files must be 5 megabytes or smaller, must be in JPEG or JPG format, and must be at least 1,600 pixels wide (if a horizontal image) or 1,600 pixels tall (if a vertical image).
2. Photographs must have been taken within the contest period.
3. No purchase necessary to participate in Contest. Purchase will not enhance odds of winning. Photos relating to a Star of Honolulu Whale Watch Cruise may be entered in the Contest by the general public without purchase of cruise.
4. Only minor burning, dodging and/or color correction is acceptable, as is cropping. High dynamic range images (HDR) and stitched panoramas are NOT acceptable. Any changes to the original photograph not itemized here are unacceptable and will render the photograph ineligible for a prize.
5. The photograph, in its entirety, must be a single work of original material taken by the Contest entrant. By entering the Contest, entrant represents, acknowledges, warrants and indemnifies and holds the Star of Honolulu harmless from all claims, costs, demands and expenses, including attorneys' fees incurred directly or indirectly as a result of a breach of such warranty the submitted photograph is an original work created solely by the entrant, that the photograph does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim, or interest in the photograph.
6. Star of Honolulu reserves the right to disqualify any participant at any time for any reason.

The entries will be judged in accordance with the Judging Criteria, as defined below. All entries must be submitted and received by Saturday at 11:59 p.m. HST for entry in each week's drawing. Proof of submission is not proof of receipt. Sponsor reserves the right to examine the original photograph/source material in order to confirm compliance with these rules.

RELEASES
If the photograph contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the photograph, the entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the photograph in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.

Upon Sponsor's request, each entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) a signed release from all persons who appear in the photograph submitted, and/or from the owner of any material that appears in the photograph entry, authorizing Sponsor and its licensees ("Authorized Parties") to reproduce, distribute, display, and create derivative works of the entry for publicity or marketing purposes without compensation, permission, or attribution except where prohibited by law, in any media now or hereafter known. All releases must be in the form provided by Sponsor. Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.

By participating in the contest, the participant releases and discharges Star of Honolulu, its related and affiliated companies and their respective officers, directors, employees and agents from any and all legal claims, compensation, losses injuries, demands, damages, actions, and/or causes of actions which arise out of and/or in any way related to the prize, the receipt, use and/or enjoyment of the prize and/or the Contest.

For the purposes of these Official Rules, the entrant will be deemed to be in receipt of Sponsor's request or notification, (a) in the event that Sponsor sends the request by postal mail, five business days after the request was sent by Sponsor, or (b) in the event that Sponsor sends the request by email, on the day that the email was sent by Sponsor.

CONTEST PRIZES
Weekly Prize: Once each week during the contest period, a drawing will be held in which one photo will be randomly selected to receive a prize ranging in value from approximately USD$15 to USD$50. The prizes are at the sole discretion of Star of Honolulu. Grand Prize: On or about April 16, 2012, the Star of Honolulu will select one photo as the Grand Prize winner from among all photos submitted during the contest period. Grand Prize will be awarded to the individual that took and submitted the winning photo and may be transferred to another person. There is no cash alternative. Grand Prize consists of two (2) round-trip airline tickets to Honolulu, Hawaii. Air tickets will be for travel from the airport of origin nearest to the residence of grand prize winner or an individual to whom grand prize has been transferred by winner, to a maximum value of USD$3,000. Both passengers must travel on same itinerary. Air tickets must be used by April 30, 2013 or will be forfeited.

Winners of weekly and grand prizes will be notified via the email address provided when participant registered for the Contest. Winners are required to submit their name, address, and telephone number ("Personal Information") in order to facilitate delivery of prizes. This information will only be used by Star of Honolulu in accordance with applicable data protection regulations and will not be shared with any person or entity for any other purpose. If winner declines to provide this information to facilitate delivery, prize will be forfeited.

Only winning entrants will be notified. In addition to individual notification to winners, winners will be announced on the Star of Honolulu website, starofhonolulu.com. Odds of winning depend on the number of entries received.

All Federal, State, and Local taxes on prizes are the responsibility of the prize winner. Grand Prize winner must provide information on Form W-9 as required for tax purposes or forfeit prize.

Potential winners shall be required to sign and return within ten (10) days following an attempted notification, an Affidavit, Declaration or Certificate of Eligibility, Liability Release, and where legally permissible, a Publicity Release and Warranty of Ownership and License in which the entrant warrants that he/she is the owner of the photograph (and all the intellectual property rights in the photograph submitted), is 18 years of age and grants to Sponsor and its licensees the irrevocable, perpetual, worldwide non-exclusive license to reproduce, distribute, display, and create derivative works of the entry (along with a name credit) in connection with the Contest and promotion of the Contest without additional compensation. Failure to execute and deliver any required documents to Sponsor by the specified deadline may result in disqualification from the Contest, and selection of an alternate potential winner. NONCOMPLIANCE OR RETURN OF PRIZE NOTIFICATION AS UNDELIVERABLE, WHETHER BY REGULAR MAIL OR BY EMAIL, MAY RESULT IN DISQUALIFICATION AND SELECTION OF AN ALTERNATE POTENTIAL WINNER.

JUDGING
Judging for grand prize photo is based upon originality, composition, and visual impact ("wow" factor) and the winning photo selection is at the sole discretion of the Star of Honolulu. Decisions of the judges are final and binding.

CONDITIONS
THIS CONTEST IS VOID WHERE PROHIBITED. Entries void if the Sponsor determines the photograph to not be an original, or if the entries are illegible, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained through fraud or theft.

By entering, entrants also agree (a) to be bound by these Official Rules; (b) that the decisions of the Judges are final and binding with respect to all matters relating to the Contest; and (c) if the entrant wins that Sponsor may use the winning photographs and each winner's name, photograph, likeness, and/or voice in any publicity or advertising relating to the Contest or future promotions without compensation or approval (except where prohibited by law). All federal, state/provincial/territorial, and local taxes, fees and surcharges and taxes (whether foreign or domestic, and including income, sales, and import taxes) on prizes are the sole responsibility of the prize winners. In the event that the selected winner(s) of any prize is/are ineligible, cannot be traced or does/do not respond within ten (10) days to a winner notification, or refuses the prize, the prize will be forfeited and Sponsor, in its sole discretion, may choose whether to award the prize to another entrant.

The Sponsor reserves the right to verify the validity and originality of any entry and/or entrant (including an entrant's identity and address) and to disqualify any entrant who submits an entry that is not in accordance with these Official Rules or who tampers with the entry process. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.

By participating in the contest, participants agree to receive periodic notifications of special offers and promotional information via email from Star of Honolulu and may opt-out at any time by notifying Star of Honolulu via return email. Within 10 working days of receipt of notification, participant names will be deleted from promotional database.

RIGHT TO CANCEL OR SUSPEND CONTEST
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, worms, trojan horses, denial of service attacks, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual(s) who tamper with the entry process, and/or to cancel, terminate, modify, or suspend the Contest. If Sponsor elects to cancel or terminate the Contest, Sponsor will not retain any rights in the submitted photographs.

DATA PRIVACY
Entrants agree that personal data, especially name and address, may be processed, shared, and otherwise used for the purposes and within the context of the Contest and any other purposes outlined in these Official Rules. The data may also be used by the Sponsor in order to verify the participant's identity, postal address, and telephone number or to otherwise verify the participant's eligibility to participate in the Contest.