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 HOLIDAY CELEBRATE YOUR WAY GIVEAWAY (“PROMOTION”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
MUST BE 21 YEARS OF AGE OR OLDER, AND A TOBACCO OR NICOTINE CONSUMER 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, AND U.S. TERRITORIES), WHO ARE TOBACCO OR NICOTINE CONSUMERS 21 YEARS OF AGE OR OLDER AND HAVE A USERNAME AT THE TIME OF PARTICIPATION. VOID OUTSIDE OF THE UNITED STATES AND IN MA, MI, U.S. TERRITORIES AND WHERE PROHIBITED. NO PURCHASE IS NECESSARY TO ACQUIRE A USERNAME. (To obtain a free Username, see Rule #3 below). 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 12:00:00 a.m. (midnight) Eastern Time (“ET”) on November 18, 2021 and ends at 11:59:59 p.m. ET on December 31, 2021 (“Promotion Period”). Sponsor’s computer is the official clock for this Promotion. There will be 37 separate daily random drawing pools which will be as set forth in the Daily Drawing Chart below (each, a “Daily Entry Pool”):
|DAILY DRAWING #||Starts @ 12:00:00 AM ET on:||Ends at 11:59:59 PM ET on:||Random Drawing Occurs on or about:|
3. HOW TO PARTICIPATE: There are two (2) ways to enter the Sweepstakes. To participate, you must have a Username (as described in Rule #1). If you do not have a Username, see “How to obtain a free Username and update your Username contact information” below.
A “Subscription” is a Vuse product subscription as described at https://vusevapor.com/subscription.
A “Subscriber” is a person with a Subscription.
(1) Website Entries: New Subscribers who visit the Website and obtain a Subscription will receive one (1) entry into that day’s Daily Entry Pool upon setting up their Subscription and one (1) entry per day after that into each Daily Entry Pool during the remaining Sweepstakes Period. Existing Subscribers who maintain a current Subscription will receive one (1) entry per day into each Daily Entry Pool for a total of thirty seven (37) automatic entries into the sweepstakes during the entire Sweepstakes Period. Both New and Existing Subscribers that opt-in to SMS messages will receive one (1) additional entry into each Daily Entry Pool beginning on the day they opt-in or the start of the Sweepstakes Period, whichever occurs later.
(2) Email Entries: Non-Subscribers who wish to enter without obtaining or maintaining a Subscription may email email@example.com during the Sweepstakes Period to receive two (2) entries per day into each Daily Entry Pool beginning on the day the email is received or the start of the Sweepstakes Period, whichever occurs later. The email MUST include VUSE HOLIDAY GIVEAWAY ENTRY in the Subject line of the email, and include the entrant’s Username, name, address, city, state, zip code, phone number and email address associated with the Username in the body of the email.
Entries must be received and recorded during the Promotion Period no later than 11:59:59 PM on the end date of each Daily Entry Pool or by 11:59:59 PM ET on December 31, 2021 to be included in the final Daily Entry Pool’s random drawing. Limit two (2) Entries per person per Daily Entry Pool regardless of the method of entry.
Entries generated by a robotic, programmed, script, macro or other automated means will be disqualified. Any attempt by any person to submit more than two (2) Entries per person per Daily Entry Pool by using multiple/different Usernames or any other methods will void all of that person's Entries (and future entries into any Daily Entry Period’s random drawing).
How to obtain a free Username and update your Username contact information: A valid Username issued by Sponsor and password will be required to participate in the Promotion. A Username and password can be obtained for free at the Website, by registering as a new user by clicking on “Create An Account” on the Website. No responsibility is assumed for failure to contact an entrant due to that entrant’s failure to maintain or update his/her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. Each entrant is responsible for the security of his/her Username and password. Each entrant should take precautions to keep his/her Username and password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages or consequences one may suffer due to careless or unauthorized use of a Username or password. Entrants must use only one (1) Username and password and must use the Username and password assigned to entrant by Sponsor. Should any entrant attempt to use more than one Username and/or password, or a Username and/or password that was not assigned to entrant, that entrant and their Plays (and entries into the random drawing) will be disqualified in Sponsor’s sole discretion.
4. SWEEPSTAKES - RANDOM DRAWINGS: The potential Prize winners will be selected in a random drawing to be held daily starting November 26, 2021, from among all eligible Entries received during the Drawing Dates set forth on the Daily Drawing Chart set forth in Official Rule #2 above, with the exception of weekends and holidays. Drawing will then be conducted on the next business day. Each drawing will be held by an independent agency whose decisions shall be final and binding in all matters relating to this Promotion. Any non-winning entries from any Daily Entry Pool will NOT carry over to subsequent random drawings, as the non winners will automatically be entered into the next day Daily Entry Pool for their equivalent amount of entries up to a max of two (2) entries.
Each “Prize” will be awarded in the form of a check in the amount of $1,400 (which is the one year average value of a Premium tier Subscription). Approximate Retail Value (“ARV”) of each Prize: $1,400.00. Thirty-seven (37) Prizes will be awarded. One Prize will be awarded for each Daily Entry Pool.
Total ARV of all Prizes: $51,800.00.
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. 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.
Odds of winning a Prize depends on the total number of eligible Entries received in each Daily Entry Pool.
6. 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 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 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. An entrant is not a winner of any prize, even if a prize-winning message or any other aspect of the Promotion should so indicate, unless and until the entrant’s eligibility and the potential winning Entry have been verified. Screen shots or other evidence of winning will not be accepted in lieu of the validation process.
Each potential Prize winner will be notified via email/phone within one (1) business day of the actual drawing date, with the exception of weekends and holidays. Each Prize winner 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) business days of notification.
Prizes will be awarded via mail at the mailing address associated with the winner’s Username or with the information provided in the Non-Subscriber email entry within four (4) to eight (8) weeks of winner verification. Prizes cannot be shipped to a PO Box, if a PO Box is associated with the address connected to your Username, please update your mailing address within your Username contact information (see Rule #3).
If a potential winner cannot be contacted or if documents are not returned 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, the prize will be forfeited and an alternate winner will be selected by random drawing at the end of the promotion from among all remaining eligible Entries received during the Promotion Period.
Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Reporting and payment of federal, state and local income and other taxes on the prizes, if any, are solely the responsibility of each winner. The Prize winner will receive an IRS Form 1099 in the amount of their prize ARV(s), at the appropriate time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
7. LIABILITY LIMITATIONS: Sponsor and Promotion Parties are not responsible for lost, late, stolen, misdirected, or non-delivered Entries or emails, mail, or other communications, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website 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.
If due to a computer programming or other error, more entrants are notified and/or prizes are claimed than intended to be awarded according to Rule #6, prizes will be awarded in a random drawing from among all valid prize claims received. Inclusion in such drawing shall be entrant’s sole and exclusive remedy under the circumstances. If a drawing is required, it will be conducted by the administrator of the Promotion who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be liable to award more than the stated number of prizes in Rule #6. All potentially winning Entries are subject to verification at the sole discretion of the Sponsor. In the event of an identity dispute, the eligible person to whom the Username was issued by the Sponsor will be deemed to be the entrant and must comply with these Official Rules. 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 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 PROMOTION INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. 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.
8. 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.
9. 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.
10. WINNERS’ LIST: To obtain a list of winners, mail your name and address on a first-class, self-addressed stamped envelope to: VUSE HOLIDAY CELEBRATE YOUR WAY GIVEAWAY Winners’ List, 1105 SE 8th Street, Grand Rapids, MN 55744 for receipt by January 15, 2022. Do not send any other correspondence to this address. Winners’ Lists will be mailed after all winners have been determined and verified.
SPONSOR: R.J. Reynolds Vapor Company, 401 N. Main Street, Winston-Salem, NC 27101.