“TRADE PROMOTION”

Official Rules


Sponsored by The Fives Hotels & Residences (“Sponsor”)


All entrants assume all liability for any injury or damages caused or claimed to be caused by their participation in this Trade Promotion. All entrants to the Trade Promotion hereby release Trade Promotion Entities, and their respective advertising and promotion agencies, their parent companies, subsidiaries, affiliates, directors, officers, professional advisors, and joint venture companies, as well as their respective officers, directors, and employees, from any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this Trade Promotion, or acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, 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, torts (including negligence), warranty, or any other theory or cause of action.


Trade Promotion Entities, their advertising and promotion agencies, and all others associated with the development and execution of this Trade Promotion are not responsible for and shall not be liable for: (a) electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing or acceptance of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) lost, late, misdirected, illegible or incomplete entries or postage-due mail; (d) any condition caused by events beyond the control of the Sponsor that may cause the Trade Promotion to be disrupted or corrupted; (e) typographical errors in any materials relating to the Trade Promotion; (f) inability of winner or travel companions to obtain any travel documents (including but not limited to birth certificates, passports, and/or visas) required to visit any destination or port of call or (g) Acts of God, war, terrorism, government regulation, disaster, fire, strikes, civil disorder, or other similar causes beyond the control of the Sponsor, its affiliates, parent, and subsidiary companies, advertising and promotional agencies and their immediate assigns, making it inadvisable, illegal, impossible or impractical to continue the Trade Promotion or to perform under these Rules, Terms and Conditions.


Sponsor reserves the right in its sole discretion to cancel or suspend the Trade Promotion or any portion thereof should virus, bugs or other causes beyond control of Sponsor corrupt the administration, security or proper administration or execution of the Trade Promotion, in which case the prizes will be awarded via a random drawing from among all eligible entries actually received prior to cancellation. No prize assignment, transfer or cash redemption by winners is permitted. No prize substitution except by Sponsor due to unavailability in which case a prize of comparable or greater value will be awarded. All entries and entry information become property of Sponsor and will not be returned.


Participants are responsible for complying with these Official Rules, Terms and Conditions and all applicable laws. Sponsor reserves the right to amend these Rules, Terms and Conditions as necessary to ensure the fair execution of the Trade Promotion and compliance with all applicable regulations.


Each winner must disclose their social security number or other applicable tax identification number to Sponsor for tax purposes. Each winner must execute an affidavit of eligibility (or in Canada, a Declaration of Compliance), release of liability and (where legal) a publicity release, which must be returned within a time period specified in the notification letter, otherwise the prize may be forfeited and an alternate winner may be selected. Sponsor retains the discretion to make all decisions regarding the interpretation and application of these rules. In the event the selected winner(s) of the prize are/is ineligible or refuse(s) the prize, the prize will be forfeited, and Sponsor may randomly select an alternate winner from remaining entries as outlined above. The laws of the

State of Hawaii shall govern the Trade Promotion. All participants and winners agree, by their participation in the Trade Promotion, to submit to the personal jurisdiction of the courts of Hawaii and waive the right to contest personal jurisdiction.