This is a legal agreement between you and Ukulele Festival Hawaii (“FESTIVAL”) stating the terms that govern your use of the FESTIVAL mobile application, including but not limited to all files downloaded or obtained through or by means of the application (the “Application”). This agreement, together with all updates, additional terms, software licenses, and all of FESTIVAL rules and policies, collectively constitute the “Agreement” between you and FESTIVAL. By installing the Application you are indicating that you agree to these terms. If you do not agree to these terms do not install or use the Application. You must accept and abide by these terms as presented to you. Changes, additions, or deletions are not acceptable, and FESTIVAL may refuse access to the Application for noncompliance with any part of the Agreement.
The Application is licensed, not sold, to you for use only under the terms of this Agreement. FESTIVAL, as the licensor, reserves all rights not expressly granted to you. This license granted to you for the Application by FESTIVAL is limited to a non-transferable license to use the Application on any Android, iPhone, iPad or iPod Touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Application on any Android, iPad, iPod Touch or iPhone that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Application). Any attempt to do so is a violation of the rights of FESTIVAL and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by FESTIVAL that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
You agree that FESTIVAL may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. FESTIVAL may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The license is effective until terminated by you or FESTIVAL. Your rights under this license will terminate automatically without notice from the FESTIVAL if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application.
The Application may enable access to FESTIVAL and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that FESTIVAL is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. FESTIVAL does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Alerts and/or notification data provided by any Services is for convenience only and you understand that multiple factors including network availability may affect notification data delivery, which is not guaranteed. Neither FESTIVAL nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or notification data displayed by any Services.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the FESTIVAL is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from displayed on or linked to from the Android, iPhone, iPad or iPod Touch are not available in all languages or in all countries. FESTIVAL makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. FESTIVAL, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will FESTIVAL be liable for the removal of or disabling of access to any such Services. FESTIVAL may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND FESTIVAL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FESTIVAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FESTIVAL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FESTIVAL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FESTIVAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
The laws of the State of Hawaii, excluding its conflicts of law rules, govern this license and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Honolulu, Hawaii, U.S.A. Both you and FESTIVAL consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by Hawaii state or federal law. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
You do not acquire under this Agreement any intellectual property or other proprietary rights, including without limitation, any patents, inventions, improvements, designs, trademarks, including any applications for same, copyright, rights in any confidential information or trade-secrets, in or relating in any way to the Application. Any grants not expressly granted herein are reserved.
Except where otherwise specified, the contents of the Application are copyright (c) 2012 FESTIVAL. All rights reserved. The contents of the Application are subject to protection under U.S. and foreign copyright laws. You are not permitted to use the copyrighted content outside of the normal functions of the Application without the prior written consent of FESTIVAL.
You acknowledge and agree that Android, Android’s subsidiaries, Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of these terms and conditions, Android, Android’s subsidiaries, Apple, and Apple’s subsidiaries will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
You agree to indemnify, defend and hold FESTIVAL, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Application, (c) any breach of this Agreement by you, and/or (d) your violation of any law or of any rights of any third party.
You hereby agree that if the terms of this Agreement are not specifically enforced, FESTIVAL will be irreparably damaged, and therefore you agree that FESTIVAL shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any of this Agreement, in addition to any other available remedies.
FESTIVAL may assign this Agreement without notice to you. You shall not assign this Agreement without the prior written consent of FESTIVAL (such consent may be withheld at FESTIVAL discretion).
If you have any questions or concerns about this Agreement, you may contact us at:
Ukulele Festival Hawaii
Except as otherwise provided, herein, this Agreement constitutes the entire agreement between the parties respecting the Application and there are no provisions, representations or collateral agreements between the parties other than as set out in this Agreement. FESTIVAL reserves the right to make changes to this Agreement by providing you with notice of the change by including it in an update to in the Android, Apple App Store or by any other reasonable method. If you continue to use the Application after notice of the change has been given, you shall be deemed to have accepted this change.
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
Eligibility: The "Ukulele Festival Hawaii Sweepstakes" (the "Sweepstakes") is open only to legal residents of the United States. To be eligible, an entrant must be at least eighteen (18) years of age or older as of the date of entry, unless local law prohibits entry or requires pre-registration or bonding. Ukulele Festival Hawaii (“Sponsor”) will not award a prize to anyone not meeting the eligibility requirements at the time of entry. All federal, state and local rules and regulations apply and this Sweepstakes shall be subject to such laws and these official rules. By entering, all entrants and participants agree to be bound by the terms and conditions herein. Sponsor reserves the right to disqualify any entrant if these official rules are not followed.
How to Enter: The Sweepstakes entry period begins at 10 a.m. (Hawaiian Standard Time/HST) on June 15, 2012, and shall end at 12:00 p.m. (HST) on July 20, 2012, but may be extended in Sponsor's sole discretion (the "Promotion Period") and Sponsor's computer shall be the official timekeeper. There are two (2) methods to enter and Internet access may be necessary. Entrants may either:
Download the Ukulele Festival Hawaii app and submit the sweepstakes form; or
Print your first and last name, address, daytime telephone number, fax number, email address, and mail it to: Ukulele Festival Hawaii, 3555 Harding Avenue #1, Honolulu, HI 96816. All mail-in entries must be postmarked between June 15 and July 15 and received by Sponsor no later than July 20, 2012. No facsimiles or mechanical reproductions permitted. Only one (1) mail-in entry may be included in each outer-stamped envelope and only one (1) mail-in entry will be considered for the Grand Prize and only one (1) prize per entrant is permitted in the Sweepstakes.
Participants shall receive one entry in this Sweepstakes for either of the above two (2) methods exercised during the Promotion Period (each a "Qualifying Entry"). Although subsequent attempts to enter may be received, only an entrant’s first entry during the Promotion Period using either of the two methods above will count.
Please note that while there is no fee or payment required to download the Ukulele Festival Hawaii app, you must agree to the End-User License Agreement to download the Ukulele Festival Hawaii app. Cell phone service may not be available in all areas. Entrants should check their phone's capabilities for specific instructions. Further note that use of your phone to download the app may result in charges according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including messages to notify you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models.
Release: The Sweepstakes Entities (including the Sponsor), and any and all Internet service and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations, retailers and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents, (collectively, the "Releasees") are not responsible for any of the following: any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to a participant's or any other person's computer relating to or resulting from participation in this Sweepstakes; any inability to email, access a website, the theft, tampering, destruction, or unauthorized access to, or alteration of, entries, data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website (including ukulelefestivalhawaii.org) or for any other reason whatsoever; typographical, printing or other errors; late, lost, stolen, mutilated, misdirected or postage-due mail, or any combination thereof. Proof of entering information at any website is not considered proof of delivery or receipt. Illegible or incomplete entries or entries in excess of the allowed number above will be disqualified. All entries become the property of the Sponsor and will not be acknowledged or returned. False, fraudulent or deceptive entries or acts shall render an entrant ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these official rules.
Grand Prize Winner Selection: On or about July 22 2012, Sponsor will randomly draw one (1) Grand Prize winner from the pool of Qualifying Entries submitted to Sponsor during the Promotion Period, as determined by Sponsor. Sponsor will notify the Grand Prize winner within 24 hours of the drawing via email, telephone, or other similar means based on the information provided in the Qualifying Entry.
In the event of a dispute as to the identity or eligibility of the Grand Prize winner based on the device user account, the winning entry will be declared as being made by the "Authorized Account Holder" of the device user account at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted device user account. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the device user account associated with the entry. Entry must be made by the Authorized Account holder only. Entries made by any other individual or any entity, and/or originating at any other website or email address, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or software to automate the entry process is prohibited.
Prizes: The Grand Prize winner randomly selected in the Sweepstakes drawing will receive an ukulele instrument.
Odds of winning a prize will depend on number of Qualifying Entries submitted and received by Sponsor from all entrants. All Federal, state and local tax liabilities are the responsibility of the prize winners. Acceptance of a prize constitutes permission (except where prohibited) and a grant to the Sponsor and its designees, of the unrestricted and irrevocable right and permission to use the winner's name, likeness, image, voice, hometown, entry information, and biographical information in any and all media now or hereafter known, including but not limited to broadcasting, webcasting, podcasting or other transmission, in whole or in part, for any purpose, including without limitation marketing, promotional and publicity purposes. This permission and grant is without additional compensation to such winner or any limitation, and such winner hereby releases Sponsor and its designee(s) from any liability with respect to such use. Prize winners will be required to complete an affidavit of eligibility/liability/publicity and release as well as any other documents required by Sponsor (e.g., tax forms), as a condition to receiving a prize. Failure to do so may result in disqualification and the selection of an alternate winner selected at random from remaining eligible entries. Upon prize forfeiture, no compensation will be given. The Grand Prize winner may be required, at the Grand Prize winner’s sole expense, to claim the Grand Prize in person at 3555 Harding Avenue #1, Honolulu, HI 96816.
Limitations on Liability: Releasees shall not be liable to any prize winner or any other person for failure to supply the prize or any part thereof, 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 the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, 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 cause beyond Releasees' sole control. By entering this Sweepstakes, entrants agree that Releasees shall not be liable for damages, expenses or costs or losses of any kind resulting from participation or inability to participate in this Sweepstakes or acceptance of or use or inability to use a prize including, without limitation, claims, suits, injuries, losses and damages related to damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Winners release the Releasees from any and all liability and responsibility with respect to any prize. Winners acknowledge the Releasees have neither made nor are in any manner responsible for any warranty, representation or guarantee, expressed or implied, in fact or in law, related to any prize.
Online Issues: If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entering of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right, in Sponsor's sole discretion, to disqualify any entrant implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. If such cancellation, termination, modification, or suspension occurs, notification will be posted at Sponsor's website, http://www.ukulelefestivalhawaii.org. Any attempt by an entrant or any other individual to deliberately damage any website (including Facebook and Twitter) or undermine the legitimate operation of this sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Disputes: This Sweepstakes is intended for participation in the United States and in particular the areas served by Sponsor, and shall be governed as such. Under no circumstances will entrant be permitted to obtain awards for, and entrants hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes, if any), and entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Hawaii without regard to Hawaii choice of law rules.
The Hawaii Courts (State and Federal) shall have sole jurisdiction of any controversies regarding this sweepstakes. Entries waive any and all objections to jurisdiction and venue in these courts and hereby submit to the jurisdiction of those courts.
Winners List: For an Official Winner's List, go to http://www.ukulelefestivalhawaii.org/app/winner.php, where the winner of this Sweepstakes will be posted for a period of sixty (60) days following the expiration of the Promotion Period.
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