CHEYENNE CIGARS FEBRUARY 2023 “NATIONAL CIGAR DAY” GIVEAWAY
Important: Please read these Official Rules before entering this Giveaway. By participating in this Giveaway, 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. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Instagram.
2. ELIGIBILITY: The Cheyenne Cigars December 2022 “Deck the Halls with Cheyenne” Giveaway (the “Giveaway”) is open only to legal residents who are located in one (1) of the fifty (50) United States or the District of Columbia, excluding residents of California, 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 Giveaway or win. Void where prohibited by law.
3. ENTRY PERIOD: The Giveaway begins at 9:00 a.m. ET on February 27, 2023 and ends at 11:59 p.m. ET on February 28, 2023 (the “Entry Period”).
4. HOW TO ENTER: To enter the Giveaway, you must access the Cheyenne Cigars account on Instagram® and follow the entry instructions listed on the Giveaway post at www.instagram.com/cheyennecigars (“Promotion Platform”). After following the instructions available on the Promotion Platform to submit an entry via Instagram, you will receive one (1) entry (“Entry”) into the Giveaway.
No Entries will be accepted that do not follow Promotion Platform 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 Giveaway 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 Instagram username or e-mail address submitted. So that we may view your entries, the Private Account setting must be turned off on your Instagram account for the duration of the entry period, and until the Winner is announced. If a dispute arises, the potential Winner may be required to provide proof of holding the Instagram or e-mail account. Anyone found to use multiple Instagram accounts to enter will be deemed ineligible. Follow @cheyennecigars on Instagram and save the photo posted on February 27, 2023. Post a comment of your favorite Cheyenne Cigar smoke break spot to submit your Entry. Limit of one (1) Entry per day during the Entry Period (two (2) Entries total). Sponsor may run multiple campaigns, contests, giveaway or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.
a. ENTRY GUIDELINES: Entries must comply with the Official Rules and any terms and conditions posted on the Promotion Platform and must meet all requirements called for on the Promotion Platform.
i. You confirm you are 21+ years of age and that you will not share content about Sponsor or its filtered cigar products with anyone under 21 years of age.
ii. Entries must be in the English language.
iii. Entries must not have been previously submitted in any promotion of any kind, or exhibited or displayed publicly.
iv. Except for materials in the public domain, Entries must include only materials created by you and must not infringe on the intellectual property rights of others. Any use of materials not original to you is grounds for disqualification from the Giveaway. Entries may not include materials, images, graphics, music, brand names, trademarks, logos belonging to any third parties or incorporate the names, likenesses or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use the same in connection with your Entry and grant the rights herein to Sponsor.
v. Entries must not include material that: (a) contains images of any minors (individual less than twenty-one (21) years of age), (b) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (c) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) invades the privacy or publicity rights of any person, living or deceased, (e) is unlawful, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
vi. Each Entry must not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
5. ALTERNATIVE METHOD OF ENTRY: You may also enter the Giveaway by emailing Sponsor at firstname.lastname@example.org during the Entry Period, including the name of the Giveaway for which you are entering, your Date of Birth, Email Address, First Name, Last Name, Home Address (no P.O. Boxes), Phone Number (including area code) (collectively, “Entry Information”). Three (3) Entries per person. 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: One (1) potential “Winner” will be selected through one (1) random drawing on or about March 7, 2023, 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 Giveaway. Sponsor’s selection of a Winner will be final. Potential Winners will be notified by Instagram Direct Message or e-mail by March 14, 2023. Notification is deemed to have occurred immediately upon sending of a notification message via Instagram Direct Message or e-mail. If a potential Winner fails to respond within five (5) days of notification, Sponsor may select another potential Winner.
The potential Winners may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement containing age verification requirements (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her Prizes (defined below). Potential Winners who provides a P.O. Box may be required to provide an alternative address. Sponsor reserves the right to conduct background checks on each potential Winner and his/her selected guest as a condition of receiving the Prizes. Sponsor may disqualify a potential Winner if Sponsor determines that the potential Winner is ineligible under the Official Rules or that they might present a security risk or otherwise reflect negatively on Sponsor. In such case, the potential Winner will not receive the Prizes 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.
8. PRIZES AND VALUES: Sponsor will award one (1) Winner two (2) prizes (“Prizes”) each: one (1) Personalized Flip Lighter with an approximate retail value (“ARV”) of $29.99, one (1) Engraved Executive Extinguisher Wood Ashtray with an ARV of $34.99. The total ARV of all prizes is $64.98.
Prizes are 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 Winner the ARV of the Prize, or award an alternate prize of comparable or greater value. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND SPONSOR SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES.
Winners are solely responsible for all taxes, and for any other fees associated with the prize(s). ARV of prize 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 Prize 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.
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 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. By posting any content using the hashtag listed in the giveaway posts, or by submitting content to Sponsor directly (“User Promotion Content”), you irrevocably: (a) Grant Sponsor a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to all rights in the User Promotion Content together with all consents necessary to enable its exploitation/disclosure by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise such exploitation in perpetuity; and (b) Confirm that your User Promotion Content is original, does not violate any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, etc.) of any person/entity.
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, actions, liabilities, costs, expenses, losses, damages or injuries of any kind related to your participation in the Sweepstakes or any use or misuse of any Prize you may receive as part of the Sweepstakes (collectively, “Released Claims”). 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 understand that you may later discover Released Claims or facts that may be different from or in addition to those that you now know or believe to exist, and which, if known, may have materially affected your decision to grant the release contained in this Section 12. Nevertheless, you intend to fully, finally, and forever release all Released Claims that now exist, may exist, or previously existed, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, and the release you give herein is and will remain in effect as a complete release. You hereby waive any right or Released Claims that might arise as a result of such different or additional Released Claims or facts.
13. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent/warrant that you are at least twenty-one (21) years of age or older, 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 Giveaway.
14. SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Giveaway 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 Giveaway. If the Giveaway 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 Giveaway 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 BY YOU RELATED TO YOUR PARTICIPATION IN THIS SWEEPSTAKES OR ANY USE OR MISUSE OF ANY PRIZE, 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: EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATING TO THE SWEEPSTAKES OR THESE OFFICIAL RULES OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND SPONSOR (OR ITS SUPPLIERS OR VENDORS), WHETHER THE DISPUTE IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY WILL BE RESOLVED IN FINAL, BINDING, INDVIDUAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN COURT BY A JUDGE OR A JURY. YOU AND SPONSOR AGREE THAT YOU AND SPONSOR EACH WAIVE THE RIGHT TO TRIAL BY A JURY AND THAT THE FEDERAL ARBITRATION ACT (“FAA”) AND FEDERAL ARBITRATION LAW, NOT STATE LAW, GOVERN THE ENFORCEABILITY OF THIS MANDATORY ARBITRATION PROVISION (DESPITE THE GENERAL CHOICE OF LAW PROVISION SET FORTH ABOVE). WITH THE EXCEPTION OF DISPUTES PERTAINING TO SPONSOR’S INTELLECTUAL PROPERTY RIGHTS, YOU AND SPONSOR ALSO AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS, CONSOLIDATED ACTIONS, AND MASS ACTIONS, WHETHER IN COURT OR ARBITRATION, ARE NOT PERMITTED, AND YOU AND SPONSOR AGREE TO GIVE UP THE ABILITY TO BRING OR PARTICIPATE IN A CLASS, CONSOLIDATED, OR MASS ACTION.
FOR ANY AND ALL DISPUTES OR CLAIMS YOU OR SPONSOR HAVE, THE PARTY PURSUING THE DISPUTE OR CLAIM MUST FIRST GIVE THE OTHER PARTY AN OPPORTUNITY TO RESOLVE THE DISPUTE OR CLAIM BY SENDING AN INDIVIDUAL, WRITTEN DESCRIPTION OF THE CLAIM THAT DESCRIBES IN DETAIL THE INDIVIDUAL DAMAGES THAT THE PARTY CLAIMS TO HAVE SUFFERED (THE “DEMAND FOR ARBITRATION”). YOU MUST SEND YOUR DEMAND FOR ARBITRATION TO SPONSOR’S REGISTERED AGENT AT THIS ADDRESS: CHEYENNE INTERNATIONAL, LLC 701 S. BATTLEGROUND AVENUE, GROVER, NC 28073 (ATTN: MARKETING DIRECTOR).
You and Sponsor each agree to negotiate your claim in good faith. Each party agrees that it may not commence any arbitration or court proceeding unless you and Sponsor are unable to resolve the claim within 60 days after receipt of the demand for arbitration and the parties have made a good faith effort to resolve their claims directly during that time. If you or Sponsor are unable to resolve the claim within 60 days despite those good faith efforts, then either you or Sponsor may start an arbitration or small claims court proceeding. You and Sponsor agree that any dispute as to whether these conditions precedent have been satisfied will be decided in court and not by the arbitrator. Either you or Sponsor may elect to have an arbitration proceeding initiated by the other party adjudicated in small claims court by giving written notice of that election to the other party.
Arbitration shall be conducted by JAMS in accordance with its Streamlined Arbitration Rules and Procedures, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, (the “JAMS Rules”). The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. If JAMS fails or declines to conduct the arbitration for any reason, we will mutually select a different arbitration administrator. If we cannot agree, a court will appoint a different arbitration administrator but will not decide arbitrability or any other aspect of the parties’ dispute (except as outlined above or if either party elects to proceed in small claims court). Sponsor will pay or reimburse arbitration filing, administration, and arbitrator fees. Notwithstanding the foregoing, if any claim asserted in an arbitration demand is deemed to be frivolous, the defending party shall be entitled to recover its attorneys’ fees and any filing, administration, and arbitrator fees incurred. The arbitrator may award any individual relief a court of law could, including temporary, interim, or permanent injunctive relief on an individual basis.
If a court or arbitrator finds in any action between you and Sponsor that any part of this Mandatory Arbitration provision is unenforceable with respect to any claim, then the arbitration agreement and class action waiver will not apply to that claim, but they will still apply to any and all other claims that you or Sponsor may assert in that or any other action. If any provision of this Mandatory Arbitration provision is found unenforceable, the other parts of it shall continue to apply.
18. NAME OF WINNER / OFFICIAL RULES REQUESTS: To receive the name of the Winners, send a stamped self-addressed envelope to: “Giveaway Winners List,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director). Please indicate which Giveaway Winners List you are requesting (i.e., the name of the Giveaway). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Giveaway Official Rules,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director) prior to the end of the Entry Periods. Please indicate which Giveaway Official Rules you are requesting (i.e., the name of the Giveaway). Vermont residents may omit return postage with Official Rules requests.
//End of Official Rules//
© 2023 Cheyenne International. LLC.
All Rights Reserved