KING’S HAWAIIAN® Taste of Aloha Restaurant Incentive Program

Terms and Conditions

  1. PROGRAM OVERVIEW: The 2022 KING’S HAWAIIAN Taste of Aloha Restaurant Incentive Program (the “Program“) begins on Thursday, March 10, 2022 at 12:00:01 am Eastern Time (“ET“) and ends on Friday, September 30, 2022 at 11:59:59 am ET (the “Program Period“).  The Program Period consists two separate entry periods:

    The “GP/RUA Entry Period” taking place from Thursday, March 10, 2022 at 12:00:01 am ET to Tuesday, May 31, 2022 at 11:59:59 am ET; and

    The “Trip Award Entry Period” taking place from Wednesday, June 1, 2022 at 12:00:01 am ET to Friday, September 30, 2022 at 11:59:59 am ET.

    The sponsor of the Program is KING’S HAWAIIAN Bakery West, Inc., 19161 Harborgate Way, Torrance, CA 90501 (“Sponsor“). The administrator of the Program is CSSI Culinary, 1756 West Lake, Chicago, IL 60612 (“Administrator“). The Sponsor and Administrator shall collectively be referred to as the “Program Entities“.  The Program is in no way sponsored, administered, executed, or produced by Foodbeast, Inc. (a “Prize Provider“). All Prize Provider trademarks are the property of its owner.  The Program is subject to, and governed by, the terms and conditions set forth herein (the “Program Terms and Conditions”).

  2. ELIGIBILITY: The Program is open only to restaurants that participate in the Taste of Aloha Promotion (each, a “Participating Restaurant“), which promotion is described in greater detail below. Participating Restaurants become eligible to receive awards under the Program when an “Authorized Manager” of the Participating Restaurant signs up for the Program in accordance with Section 3A below. The Program IS NOT OPEN TO THE GENERAL PUBLIC.  Employees, officers, directors, representatives, contractors and agents of Program Entities, the Prize Provider and their respective owners, parents, subsidiaries, affiliates, advertising and promotion agencies, and any companies involved in the implementation and execution of the Program and each of their Immediate Family Members and Household Members are not eligible to enter or receive an award.  For purposes of the Program, an “Authorized Manager” means an individual who has authority to make decisions on behalf of a Participating Restaurant who (i) is a legal U.S. resident residing in the fifty (50) United  States or the District of Columbia, (ii) is at least eighteen (18) years of age at time of entry into the Program, and (iii) meets all other requirements in these Program Terms and Conditions; “Household Members” shall mean those people who share the same residence at least three months a year, whether or not related; “Immediate Family Members” shall mean parents, stepparents, legal guardians, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live.  This Program is void where restricted or prohibited by law.
  3. HOW TO PARTICIPATE AND EARN ENTRIES INTO TWO DRAWINGS:
    1. Grand Prize and Runner-Up Prize Drawings.  During the GP/RUA Entry Period, Authorized Managers may sign up for the Taste of Aloha Restaurant Incentive Program by going to www.DiscoverTasteofAloha.com (the “Website”).  At the Website, Authorized Managers should follow the onscreen instructions to fill out the form and submit for approval into the Program.  Once approved, the Authorized Manager will receive one entry into the Program.  To qualify for one (1) entry, the Participating Restaurant associated with the Authorized Manager must commit to conduct the Taste of Aloha promotion (the “Promotion”) for a minimum of eight (8) weeks by offering a newly authorized KING’S HAWAIIAN item on the restaurant’s menu during the Program Period.  Authorized Managers must fully and accurately complete the registration and qualification process to participate. All entries & qualification requirements must be received by the end of the GP/RUA Entry Period.  Each Authorized Manager must be the authorized operator and/or decision maker for the Participating Restaurant with which the Authorized Manager is associated.  In the event of a dispute over the identity of an Authorized Manager eligible to receive an award under the Program, the Authorized Manager will be deemed the authorized account holder of the email address associated with the entry at the time the entry was qualified, as long as such person is otherwise eligible to participate in the Program. “Authorized Account Holder” is defined as the natural person in whose name the e-mail account was opened. In the event a dispute regarding the identity of an Authorized Manager or potential award recipient cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  Entries will not be acknowledged except as provided herein.  Limit:  One entry per Authorized Manager per Participating Restaurant in the Grand Prize and Runner-Up Prize drawings.    Entries in excess of the above stated limitation may result in disqualification of the Authorized Manager and the associated Participating Restaurant.  All cumulative eligible entries received for the duration of the GP/RUA Entry Period will be combined for one (1) Grand Prize drawing and Two (2) Runner-Up drawings.
    2. Trip Award Drawing. During the Trip Award Entry Period, the Sponsor will also be conducting the Taste of Aloha Sweepstakes (the “Consumer Sweepstakes”) that is open to the public.  Each time a consumer scans the QR code found on the in-store signage of a Participating Restaurant or selects a Participating Restaurant from the drop down available online during the Trip Award Entry Period to enter the Consumer Sweepstakes, the Authorized Manager associated with the Participating Restaurant will also receive one (1) entry into the “Trip Award” (as described below) drawing.  In order for an Authorized Manager to be eligible to receive the Trip Award, the Authorized Manager must have signed up for the Program on the Website and received approval for participation in the Program in accordance with Section 3A.  The Consumer Sweepstakes is subject to separate official rules available at WWW.TasteOfAloha.COM.

    Any attempt by an Authorized Manager to obtain more than the stated number of entries by using multiple/different identities, registrations, logins, and/or any other methods will void such Authorized Manager’s entries and that Authorized Manager (and his/her associated Participating Restaurant) may be disqualified from the Program. Entries generated by a macro, script or other automated means will be disqualified. Each Authorized Manager must be the rightful owner (or have authorized use) of the email address used for entry.  All entries become the sole property of Sponsor. ELIGIBLE AUTHORIZED MANAGERS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE PROGRAM TERMS AND CONDITIONS. NO OTHER METHOD OF ENTRY WILL BE ACCEPTED.  Participation in the Program constitutes the Authorized Manager’s understanding of and full and unconditional agreement to and acceptance of these Program Terms and Conditions. Sponsor reserves the right to disqualify any Authorized Manager (and associated Participating Restaurant) that Sponsor determines to be in violation of any term contained in these Program Terms and Conditions.

  4. SELECTION OF AWARD RECIPIENTS AND NOTIFICATION: Random drawings will be conducted on two different dates to select potential award recipients.

    On or about June 8, 2022 (the “Grand Prize Drawing Date”), the potential Grand Prize and Runner-Up Award recipients will be selected in a random drawing conducted by the Administrator from among all eligible entries received from Participating Restaurants during the GP/RUA Entry Period.

    On or about October 7, 2022 (the “Trip Award Drawing Date”), one (1) potential Trip Award recipient will be selected in a random drawing conducted by the Administrator from among all eligible entries received from Authorized Manager during the Trip Award Entry Period.

    Grand, Runner-Up & Trip Award Recipients: Within approximately three (3) business days after the Grand Prize Drawing Date or Trip Award Drawing Date, respectively, each potential award recipient will be notified at the email address associated with their entry. Each potential award recipient will be required to respond (as directed) to the notification within seven (7) days (or a shorter time if required by exigencies) of attempted notification. Each potential award recipient will be provided with a digital Award Acceptance form, which will include an Affidavit of Eligibility, Release of Liability, and, unless prohibited by law, a Publicity Release (the “Award Acceptance Form“) to confirm their eligibility. The Award Acceptance Form must be signed, notarized and returned, as directed by Sponsor, within five (5) business days of receipt or the award will be forfeited.  If the potential award recipient publicly shares or publishes his or her link to the Award Acceptance Form, such potential award recipient may be disqualified, at the discretion of the Program Entities.  Awards will be fulfilled within approximately six to eight (6-8) weeks from Award Acceptance Form completion and confirmation of eligibility.

    If an email address is invalid or if a potential award recipient fails to respond as directed, the award may be forfeited. If a potential award recipient forfeits, is found to be ineligible, or if he or she has not complied with these Program Terms and Conditions or declines the award for any reason prior to award, such potential award recipient will be disqualified and an alternate potential award recipient will be selected at random in accordance with the aforementioned procedures.  The Program Entities will attempt to contact up to two (2) potential recipients of each award in accordance with the above procedure, after which the award in question may go unawarded if it remains unclaimed. If an award is awarded but goes unclaimed, such award may not be re-awarded, at the sole discretion of the Program Entities. Program Entities reserve the right to disqualify anyone not fully complying with the Program Terms and Conditions. Recipients are solely responsible for all federal, state and/or local taxes, if applicable, and for any other fees or costs associated with the award they receive. Other restrictions may apply.

  5. ODDS OF RECEIVING AN AWARD: Odds of receiving a Grand Prize or Runner-Up Award depend on the number of eligible entries received during the GP/RUA Entry Period.  Odds of receiving a Trip Award depend on the number of eligible entries received during the Trip Award Entry Period.
  6. INCENTIVE AWARDS: There are four (4) awards available, as described below.Grand Prize Award: There is one (1) Grand Prize award available. The Grand Prize award consists of a $25,000 Foodbeast Package to be awarded to the Participating Restaurant associated with Authorized Manager whose entry is selected to receive the Grand Prize by random drawing. Foodbeast package to include a dedicated Limited Time Offer News Bite Video, millions of impressions on Facebook, Instagram, and TikTok, and an editorial feature on Foodbeast.com.  The Grand Prize award recipient will also receive visits and posts from local foodie influencers.  Approximate Retail Value (“ARV“): $25,000.Runner-Up Award: There are two (2) Runner-Up Awards available. Each Runner-Up Award consists of a $5,000 Foodbeast Package to be awarded to the Participating Restaurant associated with Authorized Manager whose entry is selected to receive a Runner-Up Award by random drawing.  Foodbeast package to include in-feed photo feature on Foodbeast’s Facebook and Instagram.  Package will also include a promotion in Foodbeast’s Instagram stories.  ARV of each Runner-Up Award: $5,000.Trip Award: There is one (1) Trip Award available.  The Trip Award will be awarded to the Authorized Manager whose entry is selected to receive the Trip Award by random drawing.  The Trip Award consists of a monetary award in the amount of $15,000 to cover the expense of a trip to Hawaii for the award recipient and one (1) guest.  The monetary award will be delivered by means of a check made out to the Trip Award recipient in the amount of $15,000, which amount is intended to be used for a trip for two (2) to Hawaii.  The award recipient will be responsible for booking of trip and all trip expenses.  If the award recipient books a trip that is valued at more than $15,000, the award recipient will be solely responsible for all costs over $15,000.  ARV of Trip Award: $15,000.

    CUMULATIVE ARV OF ALL AWARDS: $50,000

    General Awards Provisions:Limit one (1) Grand Prize or Runner-Up award per Participating Restaurant.  An award recipient cannot assign or transfer an award claim to another person. No cash alternatives or award substitution is allowed except at the discretion of Program Entities or Prize Providers. If an award cannot be awarded due to circumstances beyond the control of the Program Entities or Prize Providers, a substitute award of equal or greater retail value may be awarded.  The ARV is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Program Terms and Conditions and the date the award is awarded or redeemed. If the actual value of an award is less than the ARV stated herein, the award recipient will not be entitled to a check, cash or other form of payment for the price difference. Other restrictions may apply. Any depictions of awards are for illustrative purposes only. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY AWARD ARE THE SOLE RESPONSIBILITY OF THE AWARD RECIPIENT.  If applicable, an Internal Revenue Service Form 1099 will be issued and filed for the actual value of the awards received for each recipient who receives an award if the annual aggregate amount of the awards received is at least Six Hundred Dollars ($600.00) or more.  Such recipients must submit their social security number or other tax identification number as required by law.  Except for applicable manufacturer’s standard warranties, the awards are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).

  7. DISCLAIMER: Program Entities and Prize Provider and each of their respective parent companies, subsidiaries, franchisees, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties“) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Program disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties; or (d) any printing, programming or typographical errors in any materials associated with the Program.
  8. LIMITATIONS OF LIABILITY AND RELEASES:By participating in the Program, each Authorized Manager and each Participating Restaurant participating in the Program releases Program Entities, Prize Providers and all Released Parties from any and all liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Program or delivery, mis-delivery, acceptance, possession, use of or inability to use any award (including claims, costs, injuries, losses and damages related to 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.  EACH AUTHORIZED MANAGER AND EACH PARTICIPATING RESTAURANT PARTICIPATING IN THE PROGRAM AGREES TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FROM ANY CLAIMS, COSTS, INJURIES, LOSSES, OR DAMAGES DESCRIBED IN THE PRECEDING PARAGRAPH WHICH MAY BE SUFFERED BY SUCH AUTHORIZED MANAGER AND/OR PARTICIPATING RESTAURANT.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO PARTICIPATION IN THE PROGRAM OR USE OR INABILITY TO USE ANY WEBSITE, ONLINE MECHANISM AND/OR PERSONAL PROPERTY PROVIDED FOR USE IN THE PROGRAM OR ANY AWARD, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO PARTICIPATION IN THE PROGRAM OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE PROGRAM OR ANY AWARD EXCEED $10. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT EXCLUDE OR LIMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS BOUGHT OR RENTED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
  9. USE OF AWARD RECIPIENT’S NAME AND LIKENESS: To the fullest extent permitted by applicable law, participating in the Program constitutes each Authorized Manager’s permission to use his/her name, hometown, aural and visual likeness and award information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing award recipient list). As a condition of being awarded any award, except where prohibited by law, an Authorized Manager award recipient may be required to execute a consent to the use of his/her name, hometown, aural and visual likeness and award information for advertising, marketing, and promotional purposes without further permission or compensation. By participating in the Program, each Authorized Manager and each Participating Restaurant that participates in the Program consents to being contacted by Sponsor for any purpose in connection with the Program.
  10. DISPUTES: These Program Terms and Conditions are governed by the laws of the State of California, U.S.A., without regard to California conflict of law provisions. By participating in the Program, each Authorized Manager and each Participating Restaurant that participates in the Program irrevocably agrees that all disputes arising out of or relating to the Program shall be resolved by final and binding arbitration administered by JAMS in accordance with its arbitration rules and procedures or subsequent versions thereof (“JAMS Rules“). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California.  All proceedings brought pursuant to this Section 10 will be conducted in the County of Los Angeles, State of California. The remedy for any claim shall be limited to actual damages and in no event shall any party be entitled to seek to rescind these Program Terms and Conditions. Any demand for arbitration against Sponsor or other Released Parties must be commenced within two year(s) after the claim arose. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Each party shall be responsible for its costs incurred in such arbitration, but if an Authorized Manager (or his/her Participating Restaurant) cannot afford to pay for the arbitration such Authorized Manager (and his/her Participating Restaurant) agrees to provide Sponsor the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. Judgment on an arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review. Notwithstanding the foregoing, Sponsor may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
  11. GENERAL CONDITIONS: Authorized Managers and their Participating Restaurants agree to be bound by these Program Terms and Conditions and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Program Terms and Conditions at any time, in its discretion, and to suspend or cancel the Program or any Authorized Manager or any Participating Restaurant’s participation in the Program should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s reasonable control affect the administration, security or proper participation in the Program, or Sponsor otherwise becomes (in its sole discretion) incapable of running the Program as planned.  Authorized Managers and their Participating Restaurants who violate these Program Terms and Conditions, violate any law, rule or regulation in connection with participation in the Program, tamper with the operation of the Program or engage in any conduct that is detrimental or unfair to Sponsor, the Program or any other participant (as determined in Sponsor’s sole discretion) are subject to disqualification, in which case, the Authorized Manager’s Program privileges (and the Program privileges of the associated Participating Restaurant) may be revoked. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to participate in the Program. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Program Terms and Conditions will not constitute a waiver of that provision. Any provision of these Program Terms and Conditions deemed unenforceable will be enforced to the extent permissible, and the remainder of these Program Terms and Conditions will remain in effect. The use of the terms “include” or “including” in these Program Terms and Conditions is illustrative and not limiting.
  12. PRIVACY: The information provided by Authorized Managers will only be used as provided in Sponsor’s privacy policy or these Program Terms and Conditions. See Sponsor’s privacy policy at https://kingshawaiian.com/privacy-policy (“Privacy Policy“) for details regarding use of the personal information collected in connection with the Program.In the event of any conflict between these Program Terms and Conditions and such privacy policy, these Program Terms and Conditions shall control. By participating, each Authorized Manager grants Sponsor permission to share such Authorized Manager’s email address and any other personally identifiable information with the corresponding Administrator solely for the purpose of administration of the Program and awarding of Program awards.
  13. LIST OF AWARD RECIPIENTS: For a copy of the list of award recipients, visit www.DiscoverTasteOfAloha.com/recipients after July 1, 2022 for the Grand Prize and Runner-Up Award recipients and after November 1, 2022 for the Trip Award recipient. The list of award recipients will be available until December 31, 2022.
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