THE DERRINGER CIGARS “SMOKE SHOW” SWEEPSTAKES
Important: Please read these Official Rules before entering this Sweepstakes. By participating in this Sweepstakes, 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.
2. ELIGIBILITY: The Derringer Cigars “Smoke Show” Sweepstakes (the “Sweepstakes”) is open only to members of the Derringer Cigars website who are legal residents 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 Sweepstakes or win. Void where prohibited by law.
3. ENTRY PERIOD: The Sweepstakes begins at 9:00 a.m. ET on August 28, 2023 and ends at 11:59 p.m. ET on October 9, 2023 (the “Entry Period”).
4. HOW TO ENTER: To enter the Sweepstakes, you must log into your member account at https://www.derringercigars.com and access the application hosted by Derringer Cigars (“Promotion Website”). Follow the instructions available on the Promotion Website and click on the “Enter” button to submit an entry, and you will receive one (1) entry into the Sweepstakes (“Entry”).
No Entries will be accepted that do not follow Promotion Website 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 Sweepstakes 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 Derringer Cigar member account that submitted the Entry. If a dispute arises, the potential winner may be required to provide proof of holding the Derringer Cigar member account. Anyone found to use multiple Derringer Cigar member accounts to enter will be deemed ineligible. Limit of one (1) Entry per day during the Entry Period (forty-three (43) Entries total). Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.
5. ALTERNATIVE METHOD OF ENTRY: You may also enter the Sweepstakes by emailing Sponsor at email@example.com during the Entry Period, including the name of the Sweepstakes for which you are entering, the Email Address associated with your Derringer Cigar member account, First Name, Last Name, Home Address (no P.O. Boxes), and Phone Number (including area code) (collectively, “Entry Information”). Limit of one (1) Entry per day during each Entry Period (forty-four (44) Entries total). 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 a random drawing on or about October 16, 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 Sweepstakes. Sponsor’s selection of winners will be final. Potential Winners will be notified by e-mail by October 23 2023. Notification is deemed to have occurred immediately upon sending of a notification message via e-mail. If a potential Winner fails to respond within five (5) days of notification, Sponsor may select another potential Winner.
The potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her prize. A potential Winner who provides a P.O. Box may be required to provide an alternative address. Sponsor may disqualify a potential Winner if Sponsor determines that the potential Winner is ineligible under the Official Rules. 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 one (1) Winner one (1) prize (“Prize”) each: one (1) Foghat® Cocktail Smoking Kit, with an approximate retail value (“ARV”) of $179.95. The total ARV of all prizes is $179.95.
Prize is 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.
Winner is solely responsible for all taxes, and for any other fees associated with the prize. 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, the Promotion Website, 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.
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 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 Sweepstakes.
14. SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Sweepstakes 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 Sweepstakes. If the Sweepstakes 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 Sweepstakes 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 names of the Winners, send a stamped self-addressed envelope to: “Sweepstakes Winners List,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director). Please indicate which Sweepstakes Winners List you are requesting (i.e., the name of the Sweepstakes). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director) prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting (i.e., the name of the Sweepstakes). Vermont residents may omit return postage with Official Rules requests.
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