THE DECADE CIGARETTES “CATCH A BREAK” SWEEPSTAKES
OFFICIAL RULES
Important: Please read these Official Rules before entering this Sweepstakes. By participating in this Sweepstakes, you agree to be bound by these Official Rules.
1. SPONSOR: The “Sponsor” is Cheyenne International, LLC (“Cheyenne”), 701 S. Battleground Avenue, Grover, NC 28073.
2. ELIGIBILITY: The Decade Cigarettes “Catch a Break” Sweepstakes (the “Sweepstakes”) is open only to members of the Decade Cigarettes website who are legal residents located in one (1) of the fifty (50) United States or the District of Columbia, excluding residents of Massachusetts, Michigan and Virginia, and who are at least twenty-one (21) years of age or older. Employees of Sponsor, and its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Sweepstakes or win. Void where prohibited by law.
3. ENTRY PERIOD: The Sweepstakes begins at 9:00 a.m. EST on January 17, 2022 and ends at 11:59 p.m. EST on December 23, 2022 (the “Entry Period”). The Sweepstakes consists of twelve (12) entry periods (each an “Entry Period”) specified in the Entry Period Chart below.
Entry Period Chart
4. HOW TO ENTER: To enter the Sweepstakes, you must log into your member account at https://www.decadecigarettes.com and access the website hosted by Decade Cigarettes (“Promotion Website”). Follow the instructions available on the Promotion Website and click on the “Enter” button to submit an entry, and you will receive one (1) entry into the Sweepstakes (“Entry”).
No Entries will be accepted that do not follow Promotion Website instructions. All Entries must be received within the Entry Period. An entry is “received” when the servers record the entry. Entries must comply with these Official Rules or be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. It is your responsibility to provide accurate contact information to Sponsor. Entries will be deemed made by the authorized account holder associated with the Decade Cigarette member account that submitted the Entry. If a dispute arises, the potential winner may be required to provide proof of holding the Decade Cigarette member account. Anyone found to use multiple Decade Cigarette member accounts to enter will be deemed ineligible. Limit of one (1) Entry per day during each Entry Period (five (5) Entries total per entry period). Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.
5. ALTERNATIVE METHOD OF ENTRY: You may also enter the Sweepstakes by emailing Sponsor at getmore@decadecigarettes.com during the Entry Period, including the name of the Sweepstakes for which you are entering, the Email Address associated with your Decade Cigarette member account, First Name, Last Name, Home Address (no P.O. Boxes), and Phone Number (including area code) (collectively, “Entry Information”). Limit of one (1) Entry per day during each Entry Period (five (5) Entries total per entry period). Entries that are not in compliance with the Official Rules may be disqualified at Sponsor’s discretion. An emailed entry is “received” when the Sponsor’s servers record the entry information.
6. WINNER SELECTION, NOTIFICATION AND PRIZE CLAIMING: After each entry period one (1) potential “Winner” will be selected through a random drawing on the Drawing Date specified in the Entry Period Chart from all eligible Entries received in accordance with these Official Rules. Sponsor has complete discretion over interpretation of the Official Rules and administration of the Sweepstakes. Sponsor’s selection of winners will be final. Potential Winners will be notified by e-mail on the Drawing Date. Notification is deemed to have occurred immediately upon sending of a notification message via e-mail. If a potential Winner fails to respond within five (5) days of notification, Sponsor may select another potential Winner.
Each potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her prize. A potential Winner who provides a P.O. Box may be required to provide an alternative address. Sponsor may disqualify a potential Winner if Sponsor determines that the potential Winner is ineligible under the Official Rules. In such case, the potential Winner will not receive the Prize and Sponsor will have no further obligation to the potential Winner.
7. ODDS: Odds of winning will depend upon the total number of eligible Entries received during each Entry Period, in addition to the Entries, if any, carried over from the prior Periods in the Sweepstakes.
8. PRIZES AND VALUES: Sponsor will award twelve (12) Winners one (1) prize (“Prize”) each: one (1) personalized ashtray with an approximate retail value (“ARV”) of $17.25. The total ARV of all prizes is $207.00.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole discretion. Prize details not specified in these Official Rules will be determined solely by Sponsor and are subject to change. If Prize is unavailable, Sponsor, in its sole discretion, may pay Winners the ARV of the Prize, or award an alternate prize of comparable or greater value. All Prizes are awarded “AS IS”. Winners are solely responsible for all taxes, and for any other fees associated with the prize(s). ARV of prizes is based on available information and may be reported for tax purposes as required by law. The Winners may be required to provide Sponsor with a valid social security or tax identification number before the Prizes will be awarded. An IRS Form 1099 may be issued in the name of Winner for the actual value of the prize received. Unclaimed prizes will be forfeited.
9. PRIVACY AND SWEEPSTAKES COMMUNICATIONS: Personal information (e.g., email) collected during the Sweepstakes is subject to Sponsor’s Privacy Policy available at https://www.decadecigarettes.com/privacy-policy. By entering this Sweepstakes, you agree that Sponsor, and third parties working on Sponsor’s behalf, may use your personal information for administration of the Sweepstakes, prize fulfillment and marketing. You also agree to receive autodialed texts and understand that agreement to same is not a condition of purchasing any product or receiving any service.
10. PUBLICITY RELEASE: Except where prohibited, by participating, you grant Sponsor permission to use your name, username, social networking ID, photograph, voice, any other likeness, or comments for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.
11. INTELLECTUAL PROPERTY: The Official Rules, the Promotion Website, and related content and code are the property of the Sponsor or authorized third parties. You may not copy those materials, including associated trademarks or any other intellectual property without the express written consent of Sponsor.
12. RELEASE: By participating in the Sweepstakes, you agree to release Sponsor, its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind related to your participation in the Sweepstakes. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Sweepstakes (including Prizes); (B) and will not be liable for any injury that may be caused by the wrongful act of any other entity, including Promotion Website users, and by any cause whatsoever beyond the control of the Released Parties. You further agree that all rights under California Civil Code Section 1542 (“Section 1542”) and any similar law of any other state that may be applicable are hereby expressly waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
13. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent/warrant that you have the capacity to agree to these Official Rules, have read and will follow them. You agree to indemnify and hold the Released Parties harmless from any third party claims arising out of or related to your participation in the Sweepstakes.
14. SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Sweepstakes by any event or cause beyond its control, e.g., events of nature, interference by humans or entities unrelated to Sponsor, acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. If the Sweepstakes is terminated, the Sponsor may select the potential Winner from all eligible Entries received prior to termination.
15. TAMPERING: Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Sweepstakes and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.
16. GOVERNING LAW / LIMITATION OF LIABILITY: All issues concerning the Sweepstakes and these Official Rules shall be governed by North Carolina law, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
17. MANDATORY ARBITRATION / NO CLASS RELIEF: To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE SWEEPSTAKES SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
18. NAME OF WINNER / OFFICIAL RULES REQUESTS: To receive the names of the Winner, send a stamped self-addressed envelope to: “Sweepstakes Winners List,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director). Please indicate which Sweepstakes Winners List you are requesting (i.e., the name of the Sweepstakes). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director) prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting (i.e., the name of the Sweepstakes). Vermont residents may omit return postage with Official Rules requests.
19. MISCELLANEOUS: The invalidity of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is deemed unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision were not contained here. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver. Released Parties are not responsible for any typographical or other errors in the administration of the Sweepstakes, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any winner, or the distribution of any prize. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience and will not be deemed to affect the meaning of this document. By entering the Sweepstakes, you accept Sponsor’s Privacy Policy and Terms and Conditions. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Privacy Policy or Terms and Conditions and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
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