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Segway Maui Final Drawings Terms and Conditions
I. INTRODUCTION
Please read these terms and conditions carefully before using these websites.
For purposes of these Terms and Conditions, “you” and “your” means each person, group of individuals, entity or entities who visits these Segway Maui websites (as defined below) or the Segway Maui’s mobile app (the “Mobile App”) for any purpose.
For purposes of these Terms and Conditions, the “Website Providers” or “We” means the Segway Maui final drawing including its agents, contractors, and any parties involved in creating, producing or delivering the website (including but not limited to Bubba Gump restaurant located in Lahaina, Maui, Hawaii).
he purchase of Segway Maui selected tours eligible for final drawings and authorized by Segway Maui to be sold over the internet (“Internet Tour Tickets”) on these Websites is strictly limited to persons who are at least 18 years old and who are located within the geographical boundaries of the United States of America at the time of purchase of the Internet Tour Tickets. In order to comply with legal requirements governing the final drawings, precise information about your location will be collected. If the Segway Maui is unable to verify that you and your device are located in the USA, you will not be able participate to Segway Maui final drawing. Upon successful verification of your location, you will be able to utilize these purchased Internet Tour Tickets for Segway Maui final. Failure to comply with any of these requirements will result in forfeiture of all winnings.
The Segway Maui reserves the right to terminate, suspend or cancel any participant for suspected fraud of any type, any attempt to purchase Internet Tour Tickets from a location that is not within the geographic boundaries of USA, the purchase or attempted purchase of Internet Tours Tickets by persons under the age of 18 years old, and for violations of any applicable rules, regulations, state or federal laws.
In the event a purchase is determined to have been placed by an individual under the age of 18, from a location outside the USA, or through any fraudulent or unlawful means, the ticket will be eliminated from final drawings or the prize will be forfeited by Segway Maui.
For purposes of these Terms and Conditions, PII means information about a natural person that is readily identifiable to that specific individual. In this case, PII includes, among other information, an individual’s name, address, telephone number and date of birth.
For purposes of these Terms and Conditions, the “Segway Maui” means the Segway Maui, including its agents, contractors, and any parties involved in creating, producing, or delivering these websites, including, but not limited to, Bubba Gump restaurant located in Lahaina, Maui, Hawaii and each of their respective successors and assigns.
These Terms and Conditions are a binding legal agreement between you and the Segway Maui for the final drawings purpose. By participating on final drawings, you agree to be bound by these Terms and Conditions
The Segway Maui may change these Terms and Conditions at any time without notice to you by posting changes on these websites. The Segway Maui encourages you to review these Terms and Conditions from time to time. Your continued use of these websites following the posting of any changes will mean that you accept the revised Terms and Conditions.
If you do not agree with these Terms and Conditions please let us know immediately to remove you from final drawings.
II. USE OF WEBSITE AND WEBSITE MATERIAL
- You agree to access and use these Websites only for lawful reasons. You are responsible for knowing and complying with any and all laws, statutes, rules and regulations pertaining to your use of these Websites. You are prohibited from using these Websites in any way that:
- is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that the Segway Maui final drawings deems in its sole discretion to be inappropriate for these Websites;
- violates any law, regulation, or court order;
- accesses, collects or stores personal information about others;
- violates or infringes upon the rights of anyone else, including, for example, another person’s right to privacy;
- impersonates any person, business, entity, or IP address (e.g., IP spoofing);
- involves uploading, posting, emailing, transmitting or otherwise making available any materials that you do not have a right to make available under any law;
- is commercial in nature, including, for example, advertising, promotional or marketing materials, or spam, phishing or other unsolicited messages;
- gains or tries to gain unauthorized access to these Websites, its computers and networks, or its user data, or that otherwise modifies or interferes with the use or operation of these Websites;
- imposes an unreasonable or disproportionately large load on the Segway Maui’s infrastructure, including but not limited to transmitting spam or using other unsolicited mass emailing techniques;
- alters, damages, or deletes any content posted on these Websites;
- contains or introduces computer viruses or other disruptive, damaging or harmful files or programs; or
- otherwise violates these Terms and Conditions or any other guidelines or policies posted on these Websites, including the Privacy Policy, which are incorporated by this reference into these Terms and Conditions.
- The Segway Maui will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate these Terms and Conditions and may disclose your information to such law enforcement officials and/or agencies if required by law.
III. MAKING PURCHASES
- A. About Eligible Participants
- You must sign-up for an Account in order to purchase Internet Tour Tickets eligible for drawings (Discovery Deluxe, X-Treme, Lahaina-Kaanapali shore, Sunset or Private tours). The amounts of Internet Tour Tickets per day you are permitted to purchase is not subject to any limitations.
- Winning in final drawing will be verified by the Segway Maui and you will be required to cooperate with airfare ticket purchase and scheduling with Segway Maui. The final price is not transferable or eligible for money exchange.
- B. Players Information
- Any information you provide to Segway Maui is subject to the Segway Maui Final Drawings Privacy Policy. You are responsible to provide correct and honest information. If you fail to do so, you are responsible for any charges, costs, expenses, damages, liabilities and losses that you or the Segway Maui may incur as a result. If you discover fraudulent or unauthorized purchases or funds transfers, or suspect that your purchase is being used by an unauthorized third party, you must notify the Segway Maui Immediately by calling (808) 661-8284. Providing prompt notice to the Segway Maui will limit your liability for such fraudulent or unauthorized transactions. You certify that any information provided to the Segway Maui in the registration form is complete and accurate.
- The official record of all purchases and winning numbers will be maintained by the Segway Maui.
- B. Authority
- When you provide a valid payment method to us, you confirm that you are authorized to use that payment method. When you fund a transaction, you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. You may also authorize us to collect and store that payment method, along with other related transaction information.
- C. Approval
- If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount, which may be as high as the full price of your purchase. We will bill your card at the time you load funds for your Segway Maui Tour Ticket transaction, or shortly thereafter. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
- D. Failed Funding
- If you fund a payment by debit card and your load transaction results in an overdraft or other fee from your bank, you are solely responsible for the resulting fee(s).
- E. Other Provisions
- The following terms of use apply to the Players Account and the purchase of Internet Tour Tickets:Purchases of Internet Tickets are non-refundable.You shall not sell or transfer Internet Tour to anyone.We may change the purchase price for Internet Tour Tickets (and we may also change the number of draws associated with your final drawings) at any time if necessary. We also reserve the right to stop selling Internet Tour Tickets eligible for final drawings.
V. ACTIONS WE MAY TAKE
- A. Terminate Use
- The Segway Maui reserves the right to terminate, suspend or cancel any purchase transactions for suspected fraud of any type, any attempt to purchase Internet Tour Tickets from a location that is not within the geographic boundaries of USA, the purchase or attempted purchase of Internet Tickets by persons under the age of 18 years old, and for violations of any applicable rules, regulations, state or federal laws.
- B. Inquiries
- By registering for and using the Tour Ticket purchase eligible for final drawings, you acknowledge and agree that we may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity.
- D. Sharing of Information
- We may contact your financial institution or card issuer, law enforcement, or affected third parties (including other users) and share details of your payments or transactions associated with your Internet Tour Tickets purchase, if we believe doing so may prevent financial loss or a violation of law.
VI. NOTICES AND AMENDMENTS TO THESE TERMS
- A. Notice to You
- By registering for the Segway Maui final drawing, you agree that we may communicate with you electronically to deliver any important information regarding your purchases or your account. We may also provide notices to you by posting them on our Websites, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by postal mail shall be considered received within five (5) business days of the time sent.
- C. Amendment Guidelines
- We may update these Terms and Conditions at any time without notice as we deem necessary to the full extent permitted by law. The Terms and Conditions in place at the time you confirm a transaction will govern that transaction.
VII. ADDITIONAL TERMS
- A. Courtesy Translations
- These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English version, the English version controls.
- B. E-mail Practices
- By purchasing Internet Tour Ticket and be eligible for final drawings, you acknowledge and agree that Segway Maui may send you e-mail containing information about final drawings detail, results and products such as special offers and promotions.
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VIII. LINKS AND THIRD PARTIES
These Websites may contain links to third party websites. These links are provided solely as a convenience to you. If you click on any of these links, you will leave these Websites. The Segway Maui does not control, and is not responsible for, any third party websites or their content. Therefore, the Segway Maui does not endorse or make any representations about third party websites, or any information, products, or materials found there. If you access any of the third party websites linked to these Websites, you do so entirely at your own risk.
IX. COMMENTS AND OTHER SUBMISSIONS/USE OF INFORMATION
While the Segway Maui does not claim ownership of any comments or suggestions that you may submit to the Segway Maui, by submitting a comment or suggestion or any other material to these Websites, such as through the “Contact Us” section, you hereby authorize and grant the Illinois Lottery the non-exclusive right and license to use, display, reproduce, modify and distribute the comment, suggestion or material in whole or in part, anywhere in perpetuity in any and all media outlets, whether alone or together, or as part of any material of any kind or nature. Without limiting any of the foregoing, the Segway Maui will have the non-exclusive right and license to use, copy, display, perform, distribute, modify and re-format the comment, suggestion or material in any manner that the Segway Maui may determine. You waive any claims to compensation for any such right or license. By submitting a comment, suggestion or material, you represent and warrant to the Segway Maui that you have all necessary rights in and to all comments, suggestions or materials you provide and all information they contain, and that such comments, suggestions or materials do not infringe upon any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
X. OWNERSHIP OF INTELLECTUAL PROPERTY
The Segway Maui and its agents, contractors, and any parties involved in creating, producing, or delivering these Websites (including Segway Maui, LLC and Bubba Gump restaurant in Lahaina, Maui Hawaii) (collectively, the “Contractors”), and licensors (and each of their respective successors and assigns) own the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from these Websites (collectively referred to as “Intellectual Property”). You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the Intellectual Property using a third party website) without the prior written consent of the Segway Maui or its Contractors, or licensors, as applicable, except to use these Websites for their intended purpose. The Segway Maui retains all rights that are not otherwise expressly granted in these Terms and Conditions.
XI. DISCLAIMERS AND LIMITATION OF LIABILITY
A. Disclaimer of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE Segway Maui DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE Segway Maui DOES NOT WARRANT THAT YOUR USE OF THESE WEBSITES WILL BE ERROR FREE. ALTHOUGH THE Segway Maui ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THESE WEBSITES. NEITHER THE Segway Maui NOR ITS AGENTS, CONTRACTORS, AND ANY PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THESE WEBSITES SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION PROVIDED ON THESE WEBSITES. ANY CLAIMS FOR DAMAGES WILL BE LIMITED TO THE PRICE OF EACH INTERNET TICKET PURCHASED VIA THESE WEBSITES OR THE VALUE OF A SINGLE TICKET PLAYED AS PART OF A LOTTERY SUBSCRIPTION PURCHASED VIA THESE WEBSITES. FOR VALIDATION OF WINNING NUMBER RESULTS, PLEASE VISIT YOUR LOCAL LOTTERY RETAILER.
ALL CONTENT ON THIS SITE IS THE PROPERTY OF THE Segway Maui AND IS PROTECTED BY COPYRIGHT LAW. YOU AGREE THAT YOU WILL NOT REPRODUCE, LICENSE, SELL, PUBLISH, TRANSMIT, DISTRIBUTE, DISPLAY, MODIFY, CREATE DERIVATIVE WORKS FROM OR EXPLOIT IN ANY WAY IN WHOLE OR IN PART ANY OF THE CONTENTS OF OR INFORMATION ON THIS WEBSITE WITHOUT THE EXPRESS WRITTEN CONSENT OF THE CLC. IF YOU DOWNLOAD OR PRINT A COPY OF MATERIALS FROM THIS WEBSITE FOR A PERSONAL, NONCOMMERCIAL USE, YOU MUST RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED THEREIN.
THE Segway Maui DOES NOT PERMIT THE USE OF ITS NAME, GRAPHICS OR LOGO IN ADVERTISING AS AN ENDORSEMENT FOR ANY PRODUCT OR SERVICE, OR FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, WITHOUT PRIOR WRITTEN APPROVAL.
B. Disclaimer of Accuracy of Data
The Segway Maui makes no warranties or representations as to the accuracy, completeness or timeliness of the materials, or content provided on these Websites and assumes no liability or responsibility for any errors or omissions on these Websites. No warranty, expressed or implied, is made regarding accuracy, adequacy, completeness, legality, reliability or usefulness of any materials or content. This disclaimer applies to both isolated and aggregate uses of the materials or content. If you find any errors or omissions, we encourage you to report them to [email protected]
The Segway Maui makes every effort possible to make sure that winning number information posted on these Websites is accurate and available within a reasonable amount of time after winning numbers are drawn. However, in the event of an error, the winning numbers and prize amount information in the official records of the Segway Maui will stand as the final determination.
C. Disclaimer of Endorsement
The Segway Maui may from time to time distribute content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect the opinion of the Segway Maui and shall not be used for advertising or product endorsement purposes. Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by the Segway Maui.
XII. APPLICABLE LAW
Any dispute arising out of your use of these Websites or material or content from these Websites shall be resolved according to the laws of the State of Illinois, United States of America. The Hawaii Court of Claims shall have exclusive jurisdiction over all claims against the Segway Maui.
XIII. USERS OUTSIDE OF USA OR USERS UNDER AGE 18
Information contained on these Websites is for convenience and informational purposes only. The tour tickets eligible for final drawings offered by the Segway Maui are sold only within the USA. Any access to these Websites from outside of USA may automatically withdraw the tour ticket from final drawings.
BY USING THESE WEBSITES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE. PERSONS YOUNGER THAN 18 ARE STRICTLY PROHIBITED FROM USING THESE WEBSITES. IN ADDITION, TO OBTAIN A PLAYERS ACCOUNT, YOU MUST PROVIDE A CURRENT VALID USA ADDRESS WHEN YOU REGISTER. IF YOU ARE NOT AT LEAST 18 YEARS OF AGE WITH A CURRENT, VALID USA ADDRESS, YOU CANNOT REGISTER FOR FINAL DRAWINGS.
XIV. INTERNET PRIVACY AND SECURITY
Due to the design of the Internet, the Segway Maui cannot guarantee that communications between you and the Segway Maui will be free from unauthorized access by third parties or will be secure. By agreeing to these Terms and Conditions, you expressly agree that your use of these Websites is at your sole risk, and you agree that the Segway Maui shall not be liable if a security breach occurs, or if these Websites malfunction, except as required by law.
XV. POTENTIAL DISRUPTION OF SERVICE
Access to these Websites may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, the following:
- scheduled daily maintenance;
- emergency (unscheduled) maintenance;
- hardware failure, including but not limited to, failures of computers (including your own computer), servers, networks, connections, and other electronic and mechanical equipment;
- software failure, including but not limited to, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility or service (including the Internet); or
- other similar disruptions.
XVI. TERMINATION
The Segway Maui reserves the right to terminate your access to these Websites at any time and for any reason, including for violation of these Terms and Conditions. In the event of termination, you will no longer be authorized to access these, purchase Internet Tour Tickets eligible for drawings. You shall have no recourse and the Segway Maui shall have no liability as a result of any such termination. All provisions of these Terms and Conditions relating to warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such termination.
XVII. CONTACT US
Any questions regarding these Terms and Conditions should be directed to [email protected] or (808) 661-8284.
We look forward to seeing you,
Segway Maui team.
