THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND IS GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IN THE PROMOTION IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION OR ARE OTHERWISE NOT ELIGIBLE.
VUSE SIGNED GUITAR SWEEPSTAKES (“PROMOTION”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
MUST BE 21 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. (EXCLUDING RESIDENTS OF MA, MI U.S. TERRITORIES AND WHERE PROHIBITED), WHO ARE TOBACCO CONSUMERS 21 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION, WHO HAVE OR CREATE A VALID INSTAGRAM ACCOUNT AND WHO HAVE A REGISTERED ACCOUNT AT VUSE.COM. VOID OUTSIDE OF THE UNITED STATES AND IN MA, MI, U.S. TERRITORIES AND WHERE PROHIBITED. Employees, contractors, officers, and directors (and their immediate families [spouse, children, parents, siblings, and their respective spouses] and those living in their same households) of R.J. Reynolds Vapor Company (“Sponsor”), its parent, affiliates, subsidiaries, advertising and promotion agencies, Web masters/suppliers, vendors and contractors involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”) are not eligible. By participating, entrants agree to abide by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion. Promotion is subject to applicable federal, state, and local laws and regulations.
2. PROMOTION PERIOD: The Promotion begins at 5:00:00 p.m. Eastern Time (“ET”) on October 26, 2021 and ends at 11:59:59 a.m. ET on November 2, 2021 (“Promotion Period”). The servers hosting the Instagram platform constitute the official clock for this Promotion.
3. HOW TO PARTICIPATE: To participate, you must have a valid Instagram account. Creating an Instagram account is free. You must set your profile to “public” in order for
the entry submission to be eligible. You must also have or create a registered account at Vuse.com (the “Website”). See below for more details about creating a free account.
At or around 5:00 p.m. ET on October 26, 2021, Sponsor will post about this Promotion on its Instagram profile @VuseVaporUS (the “Promotion Post”). To enter, during the Promotion Period, follow @VuseVaporUS on Instagram (if you don’t already), and comment on the Promotion Post with #VuseUSGuitarPick (“Entry”). By using the Promotion hashtag, you affirm your agreement to these Official Rules.
The Entry must fulfill all Promotion requirements, as specified, to be eligible to win the prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the Sponsor.
Entrants must follow @VuseVaporUS on Instagram at the time of entry and throughout the winner confirmation process for the purpose of allowing Administrator and/or Sponsor to contact entrant if she/he is determined to be a potential winner.
Entry must be received and recorded during the Promotion Period. Limit one (1) Entry per person/Instagram account during the entire Promotion Period.
Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. Any attempt by any person to submit more than one (1) Entry per person by using multiple/different Instagram accounts or any other methods will void all of that person's Entries in Sponsor’s sole discretion.
4. PROMOTION GUIDELINES: THE ENTRY MUST COMPLY WITH THE FOLLOWING REQUIREMENTS TO BE ELIGIBLE. THE SPONSOR SHALL DETERMINE WHETHER EACH ENTRY CONFORMS TO THESE GUIDELINES IN ITS SOLE AND ABSOLUTE DISCRETION.
- Entry comments must include #VuseUSGuitarPick;
- Entry comments must meet all requirements of the Instagram platform;
- Entry comments cannot be sexually explicit or suggestive, or derogatory to any ethnic, racial, gender, sexual orientation, religious, professional or age group or the disabled, be profane or pornographic, be obscene, indecent or vulgar; reference alleged or illicit acts or activities; promote illegal drugs, firearms/weapons (or the use of any of the foregoing), or any particular political agenda or message;
- Entry comments cannot defame, misrepresent or contain disparaging remarks about other people, products or companies; advertise or promote any brand or product of any kind or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Entry comments cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead;
- Entry comments cannot communicate messages or images inconsistent with or antithetical to those that the Sponsor wishes to be associated with;
- Entry comments must not infringe upon or violate any rights of any third party, including but not limited to, intellectual property rights such as patents, copyrights, trade name/trademark/logo, and/or rights of privacy or publicity or portrayal in a false light or any other rights of any person or entity.
- The Entry cannot depict and cannot itself be in violation of any law or otherwise identify a minor; and
- The Entry or any portion of the Pitch cannot be related to “youth” or “youth-oriented activities” and/or “health” or “health-related activities” and/or illegal activities or behavior.
By participating, each Entrant warrants and represents that his/her Entry fully and completely conforms to the stated requirements. Any such Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any Entry which violates the above requirements (all as solely determined by Sponsor), will be deemed ineligible.
5. RANDOM DRAWING: The potential Grand Prize winner will be selected in a random drawing to be held on or about November 4th, 2021 from among all eligible Entries received during the Promotion Period by an independent judging agency whose decisions shall be final and binding in all matters relating to this Promotion.
6. PRIZES/ODDS: One (1) Grand Prize will be awarded consisting of an Epiphone SG Standard Electric Guitar (Heritage Cherry Finish) Signed by Gary Clark Jr. Approximate Retail Value (“ARV”) of Grand Prize awarded to winner: $499.00. Total ARV of all prizes: $499.00.
In the event of a dispute as to the identity of an entrant, entries will be deemed made by the authorized account holder of the email address associated with the Instagram account from which the entry was submitted. The "authorized account holder" is
deemed as the natural person who is assigned to an email address by an Internet access provider, service provider or other online organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address/Instagram account associated with the winning entry.
Winner must accept prize as stated by Sponsor, or prize may be forfeited. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. Winner may not substitute, assign or transfer a prize prior to award or redeem a prize for cash. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prize is awarded "as is" with no warranty or guarantee, either expressed or implied by Sponsor. The only applicable warranty is the manufacturer’s standard written warranty included in the prize packaging or otherwise communicated to winner (if any).
Odds of winning the Grand Prize depend on the total number of eligible Entries received.
7. GENERAL CONDITIONS: By participating in the Promotion, (a) entrants agree that Sponsor and Promotion Parties and all of their respective officers, directors, employees, representatives and agents, and Instagram, Inc. are indemnified, released and will be held harmless by entrants from any and all liability, including liability for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize or his/her participation in this Promotion or any Promotion-related activity, including travel thereto; and (b) winners grant (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes (including the advertising and promotion of tobacco and nicotine products) in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law. All winners are subject to age verification and confirmation that they meet the eligibility criteria set forth in Rule #1.
The potential Grand Prize winner will be notified via Instagram Direct Message within two (2) business days of the drawing date. Entrants are solely responsible for checking their Instagram messages to see if they are the potential winner. No additional notifications will be provided. Potential winner must send a direct message to Sponsor @VuseVaporUS providing a full name, mailing address, telephone number, and e-mail address before 5:00 p.m. ET on November 9, 2021, and will be required to complete, sign and return an Affidavit of Eligibility and Liability Release, a government issued ID if
age verification is required and, where lawful, a Publicity Release within three (3) days of receipt in order to claim the prize.
If a potential winner does not send the direct message response with all of the required information within the allotted time, or if a potential winner does not return the required documents within the specified time frame, or if any prize notification or prize is returned as non-deliverable, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, or if a potential winner declines the prize for any reason, the prize will be forfeited and an alternate winner will be selected in accordance with these Official Rules in a random drawing from among all remaining eligible Entries received during the Promotion Period. Sponsor reserves the right not to award the Grand Prize if it cannot confirm a winner after three attempts.
Reporting and payment of federal, state and local income and other taxes on the prizes, if any, are solely the responsibility of the winner. Sponsor will ship the prize to the winner within four to six weeks following confirmation. Returned prizes will not be awarded. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. LIABILITY LIMITATIONS: Sponsor and Promotion Parties are not responsible for lost, late, stolen, misdirected, or non-delivered Entries or emails, direct messages, mail, shipments, or other communications, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website, platform, or other connections availability (including, without limitation, a Sponsor update to the Website during the Promotion Period that results in the Website becoming unavailable or otherwise disrupted for a period of time), accessibility or traffic congestion, miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of Entries or other information or the failure to capture or the loss of any such information. Sponsor, its agencies, Web masters/suppliers, vendors and contractors are not responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Promotion and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Promotion or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor, its agencies, and Web masters/suppliers are not responsible for injury or damage to entrant's or any other person's computer or other device related to or resulting from participating in this Promotion or downloading or copying materials from or use of the Website. If, for any reason, Promotion is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized
intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion and randomly determine winners from eligible, non-suspect Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
Liability for defective Entries is limited to another Entry during the Promotion Period, if possible. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR PROMOTION PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
IN NO EVENT WILL SPONSOR OR PROMOTION PARTIES OR INSTAGRAM OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE INSTAGRAM PLATFORM OR THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Any Promotion materials including, without limitation, the offer, the Abbreviated Rules, these Official Rules, advertising and promotional materials and announcement of winners containing production, printing or typographical errors or obtained outside authorized, legitimate channels are automatically void; and the liability of Sponsor, if any, is limited to the replacement of such materials, and entrant, by participating, releases Sponsor, its parent, subsidiaries, advertising and promotion agencies, the Promotion’s administrator and their respective officers, directors, employees and agents from any and all losses, claims or damages that may result therefrom. Any
inconsistencies between any advertising or other promotional announcements, FAQ’s or any abbreviated form of the Official Rules and these Official Rules shall be resolved in favor of these Official Rules.
9. BINDING ARBITRATION: Any and all disputes, controversies or claims arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S PROMOTION, EACH ENTRANT AND PRIZE WINNER AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND
EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
10. GOVERNING LAW & JURISDICTION: The Promotion Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of laws or choice of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina, and any matters or proceedings which are not subject to arbitration as set forth in Rule #8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Winston-Salem.
11. WINNER’S LIST: To obtain the name of the winner, mail a first-class, self-addressed stamped envelope to: Vuse Signed Guitar Sweepstakes Winner’s List, 401 N. Main Street, Winston-Salem, NC 27101 for receipt by November 30, 2021. Do not send any other correspondence to this address. Winner’s Lists will be mailed within four to six weeks after the winner has been confirmed.
SPONSOR: R.J. Reynolds Vapor Company, 401 N. Main Street, Winston-Salem, NC 27101.
This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Gary Clark Jr. You understand that you are providing your information to Sponsor and not to Instagram or Gary Clark Jr. Any questions, comments or complaints regarding this promotion shall be directed to Sponsor and not to Instagram or Gary Clark Jr.