THE CHEYENNE CIGARS MAY 2019 GIVEAWAY
NO PURCHASE NECESSARY. A purchase will not increase your chance of winning.
DISPUTES RESOLVED BY BINDING ARBITRATION; NO CLASS RELIEF.
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM.
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 May 2019 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 Massachusetts 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. EDT on May 13, 2019 and ends at 5:00 p.m. EDT on May 16, 2019 (the “Entry Period”).
4. HOW TO ENTER: To enter the Giveaway, you must access the Cheyenne Cigars account on Instagram® and follow the entry guidelines listed on the Giveaway posts at 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 like the photo posted on May 13, 2019. Post a photo of your smoke break on your Instagram account and tag @cheyennecigars in the caption to submit your Entry. Do not inaccurately tag content, which may cause you to violate Instagram Rules, and to be disqualified. Limit of one (1) Entry per day during the Entry Period (four (4) 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 granted 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 email@example.com 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”). Four (4) 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: Five (5) potential “Winners” will be selected through a random drawing on or about May 22, 2019, 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 Winner will be notified by Instagram Direct Message or e-mail by May 24, 2019. Notification is deemed to have occurred immediately upon sending of a notification message via Instagram Direct Message or e-mail. If the 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 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 Prize (defined below). A potential Winner 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 Prize. 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 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.
8. PRIZES AND VALUES: Sponsor will award five (5) Winners one (1) Prize each: one (1) Zippo Street Chrome® Lighter Bundle (the “Prize”) with an approximate retail value (“ARV”) of $17.59. The total ARV of all Prizes is $87.95.
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”. Winner is 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 Winner 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 tagging @cheyennecigars, 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 Giveaway, you agree to release Sponsor, its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers, advertising and promotion agencies, Instagram, 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 Giveaway. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Giveaway (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 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 Giveaway and these Official Rules shall be governed by North Carolina law, except for idea submission or implied contract claims based upon User Promotion Content that will be governed by New York 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 GIVEAWAY, 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 GIVEAWAY 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 name of the Winner, 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//