VUSE SUMMER COOL FREE GIFT WITH SUBSCRIPTION PURCHASE TERMS AND CONDITIONS
The Free Gift with Purchase Promotion (the “Promotion”) is sponsored by R.J. REYNOLDS VAPOR COMPANY (“Sponsor”). VOID WHERE PROHIBITED BY LAW.
- ELIGIBILITY: This Promotion is open only to tobacco consumers 21 years of age or older at the time of participation who have a registered username (“Username”) and password (“Password”) on vusevapor.com (the “Website”), and who purchase a new Choice, Premium or Ultimate Subscription on vusevapor.com (“Subscription”) during the Promotion Period (a “Participant”). This Promotion is only open to legal residents of the 50 United States and the District of Columbia (excluding residents of AR, CO, DE, GA, HI, LA, MA, ME, NJ, NY, UT, and VT and U.S. Territories and those with APO/FPO addresses). 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 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 in this Promotion as described in these terms and conditions (the “Promotion Terms”), each Participant represents and warrants that he or she fully agrees to be bound by and comply with these Promotion Terms. This Promotion is subject to applicable federal, state, and local laws and regulations.
- PROMOTION PERIOD: The Promotion begins at 11:45:00 a.m. Eastern Time (“ET”) on August 16, 2021 and ends August 30, 2021 at 9:00:00 a.m. Eastern Time (the “Promotion Period”).
- HOW TO CLAIM A FREE GIFT: The free gift for this Promotion is a $20 Digital Concert Cash® Code (each, a “Gift”). There is a limit of 1,050 Gifts during this Promotion. To claim a Gift, you must be a Participant as defined above.
A Username and Password can be obtained for free at the Website, by registering as a new user by clicking on “Sign In or Register” on the Website. No responsibility is assumed for failure to contact a Participant due to that Participant’s failure to maintain or update his/her contact information. Contact information may be updated, subject to certain conditions, by following the online instructions on the Website. Each Participant is responsible for the security of his/her Username and Password. Each Participant 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. Participants must use only one (1) Username and Password and must use the Username and Password assigned to entrant by Sponsor. Should any Participant attempt to use more than one Username and/or Password, or a Username and/or Password that was not assigned to Participant, that Participant will be disqualified in Sponsor’s sole discretion.
- RESTRICTIONS AND AVAILABILITY: Gifts are provided on a first come, first serve basis while supplies last. The Gift is not for resale and will not be replaced if lost or stolen. There is a limit of one (1) Gift per Username while supplies last. Sponsor reserves the right to end this Promotion at any time. A Participant forfeits the Gift if the Subscription is cancelled prior to receipt by Participant of the Gift.
- GENERAL CONDITIONS: Gifts will be awarded via e-mail to the e-mail address associated with the Participant’s Username approximately four (4) to eight (8) weeks after purchase of a Qualifying Subscription. This Promotion is valid only for individual Participants; requests from groups, businesses, clubs, or organizations will not be honored. This Promotion cannot be combined with any other offer. Invalid or duplicate requests will not be honored or returned. By participating, Participant agrees to be bound by these Promotion Terms, which are final and binding. Sponsor has no obligation to acknowledge, redeem, or return requests not in compliance with these Promotion Terms.
- LIABILITY LIMITATIONS: Sponsor and Promotion Parties are not responsible for lost, late, stolen, misdirected, or non-delivered Subscriptions or e-mails, 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 Subscriptions 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 Participant'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 Gift recipients from eligible, non-suspect Subscriptions received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
In no event shall Sponsor be liable to award more than the stated number of Gifts in Paragraph 3 above. All potentially qualifying Subscriptions 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 Participant and must comply with these Promotion Terms. Liability for defective Subscriptions is limited to another Subscription 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 Promotion, these Promotion Terms, advertising and promotional materials 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 Participant, 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 Promotion Terms shall be resolved in favor of these Promotion Terms.
- 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 PARTICIPANT’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 PROMOTION TERMS.
BY PARTICIPATING IN SPONSOR’S PROMOTION, EACH PARTICIPANT AND GIFT RECIPIENT 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 PARTICIPANT OR GIFT RECIPIENT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT 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) PARTIPANT AND GIFT RECIPIENT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT 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 PARTICIPANT.
- GOVERNING LAW & JURISDICTION: The Promotion Terms 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 Terms, or the rights and obligations of Participant 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 Paragraph 7 of these Promotion Terms and/or for participating any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Winston-Salem.