BIRTH OF YARGÜERA TWITTER SWEEPSTAKES

OFFICIAL RULES 2016

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

 

1.         Sweepstakes Period: The sweepstakes period will begin at 12:00:00 PM (noon) Eastern Time (“ET”) on March 1, 2016 and will end at 11:59:59 AM ET on March 31, 2016 (the “Sweepstakes Period”). Throughout the Sweepstakes Period, there will be four (4) separate entry periods (each an “Entry Period”), as detailed in the Entry Period Chart below. For purposes of this Sweepstakes, a “day” will begin at 12:00 AM ET and end at 11:59 PM ET, except for the first and last days of the Sweepstakes Period, which begin and end as outlined above.

 

2.         Eligibility: The Birth of Yargüera Twitter Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) U.S. states and Washington, D.C. (excluding residents of Massachusetts, Michigan, Rhode Island and Virginia,), who are at least twenty-one (21) years of age at the time of entry, and who were already cigar smokers prior to learning of this Sweepstakes. Employees, wholesalers, distributors, retailers, sales representatives, and members of the same household of such (whether related or not) and their immediate families (defined as parents, spouses, children, siblings, grandparents, step parents, step children and step siblings) of Altadis U.S.A. Inc. (“Sponsor”), PIE-BC, LLC (“Administrator”), and their respective affiliated companies, sponsors, subsidiaries, production companies, advertising agencies and third party fulfillment agencies (collectively, the “Sweepstakes Entities”) are not eligible to enter the Sweepstakes.

 

3.         Participation: By participating in this Sweepstakes, entrants agree to: (a) be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes; and (b) release and hold harmless each of the Sweepstakes Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or the use or misuse or redemption of the prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action. Void in Massachusetts, Rhode Island, Virginia, Michigan, and where prohibited or otherwise restricted by law or regulation. Any entries made from outside the areas of eligibility shall not be eligible. The Sweepstakes is subject to all federal, state, and local laws and regulations.  

 

4.         How To Enter: You must have a non-private Twitter account to participate in and enter this Sweepstakes. If you do not have a non-private account, there is no cost to create one at www.twitter.com. Please note that you must agree to comply with the Twitter Terms of Service (https://twitter.com/tos) and Privacy Policy (https://twitter.com/privacy) in order to create your Twitter account. Once you have such an account, you must become a follower of @TheCigarLife. It is free to follow @TheCigarLife on Twitter. You must follow @TheCigarLife throughout the Sweepstakes Period and for at least five (5) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. You may unfollow @TheCigarLife after the five (5) day notification period.

 

During an applicable Entry Period, as detailed below, in order to earn one (1) entry into the applicable Entry Period’s random drawing (each a “Prize Drawing”), you must, during such Entry Period, send a tweet to @TheCigarLife and include your answer to “how excited are you about the new Yargüera tobacco” and include in such tweet the hashtag #YargueraSweepstakes (hereinafter an “Entry”). There is a limit of one (1) Entry per person, per Entry Period, throughout the Sweepstakes Period. All eligible Entries will be placed into the applicable Entry Period’s Prize Drawing, as well as the grand prize random drawing (“Grand Prize Drawing”) that will take place after the Sweepstakes Period has ended. Entries will not carry forward into subsequent Entry Periods’ Prize Drawings, if any.

 

Sponsor need not inform you if you have earned an Entry or not. Multiple participants are not permitted to share the same email address or social media account. Incomplete Entries, Entries generated by script, macro or other automated means, Entries that do not fully comply with these Official Rules, including, without limitation the submission guidelines (“Submission Guidelines”) detailed below, or Entries which subvert the entry process, in the sole discretion of Sponsor, will not be eligible. Proof of submission of tweet does not constitute proof of delivery or Entry during the Sweepstakes Period. Entries received from any person, regardless of email address used, in excess of the above stated limitation, will be void. All Entries must be received during an applicable Entry Period to be eligible. Due to the way Twitter operates its service, Sponsor may not receive Entries from Twitter users with “protected” updates. If an entrant submits their Entry via SMS from a wireless phone, the entrant’s wireless service provider may charge the entrant for each text message sent. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply. The computer clock of the Webmaster hosting the Sweepstakes is the official timekeeping device. All Entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of Entries. Using the above referenced hashtag in your tweet constitutes your consent to these Official Rules. Further, you understand that by submitting a tweet to this Sweepstakes such may be shown on the promotion microsite where a virtual Yargüera plant will be illustrated and growing. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated Twitter. You understand that you are providing your information to Sponsor and not to Twitter. Any questions, comments or complaints should be directed to Sponsor and not Twitter.

 

 

ENTRY PERIOD CHART

 

Entry Period #

Dates

1

03/01/16 – 03/07/16

2

03/08/16 – 03/14/16

3

03/15/16 – 03/21/16

4

03/22/16 – 03/31/16

 

5.         Submission Guidelines: Each tweet that is submitted to this Sweepstakes must comply with the following Submission Guidelines to be eligible. Any tweet that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize.

 

The tweet MUST, in the sole discretion of Sponsor:

Š       Be written in English;

 

The tweet must NOT, in the sole discretion of Sponsor:

Š       Contain language that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement);

Š       Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with this Sweepstakes;

Š       Contain company names, product names, brand names or trademarks other than those owned by Sponsor, which entrant has a non-exclusive, limited license to use for this Sweepstakes;

Š       Contain the names, likenesses, or other indicia identifying any celebrities and/or other public or private figures, living or dead, without permission;

Š       Contain language that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;

Š       Contain language that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;

Š       Contain language that is unlawful, in violation of or contrary to applicable laws or regulations; and/or

Š       Contain language in which the Sweepstakes Entities do not wish to associate themselves with, in their sole discretion.

 

6.         Prize Drawings/Weekly Prizes/Approximate Retail Value (“ARV”): On or about one (1) business day after the end of each Entry Period, Administrator, an independent judging agency, shall perform a Prize Drawing, from among all eligible Entries received throughout the applicable Entry Period, in order to select five (5) potential Weekly Prize winners, per Prize Drawing (for a total of twenty (20) potential Weekly Prizes). The odds of being selected as a potential Weekly Prize winner depend upon the total number of eligible Entries received throughout the applicable Entry Period. Once confirmed, as detailed below, each Weekly Prize winner will receive one (1) two-pack of Yargüera H. Upmann Toro Cigars. The ARV of each Weekly Prize is seventeen dollars and fifty cents ($17.50). The total ARV of all Weekly Prizes available to be awarded herein is three hundred fifty dollars ($350).

 

 

 

7.         Grand Prize Drawing/Grand Prize/ARV: On or about one (1) business day after the end of the Sweepstakes Period, Administrator, an independent judging agency, shall perform a Grand Prize Drawing, from among all eligible Entries received throughout the entire Sweepstakes Period, in order to select one (1) potential Grand Prize winner. The odds of being selected as the potential Grand Prize winner depend upon the total number of eligible Entries received throughout the entire Sweepstakes Period. Once confirmed, as detailed below, the Grand Prize winner will receive one (1) box of Yargüera H. Upmann Cigars. The ARV of the Grand Prize is one hundred fifty-seven dollars and fifty cents ($157.50).

 

8.         Winner Notification/Verification/Fulfillment: On or about one (1) day after each Prize Drawing and the Grand Prize Drawing, Administrator will make one (1) attempt to contact the potential prize winner(s) via a direct message from @TheCigarLife to the potential prize winner’s Twitter Account used to enter the Sweepstakes (note: in order to receive such direct message, you must (a) be following @TheCigarLife and (b) must have your account settings set to “unprotected” or “public”; you can change your account settings back five (5) days after the Sweepstakes has ended). Upon notification or notification attempt, potential prize winners will be required to respond to such direct message as indicated, providing their email address for follow up correspondence. Once an email address is provided, each potential winner will be sent and will be required, as a condition of verification and acceptance, to sign and return, within two (2) business days, an Affidavit of Eligibility, Acceptance, Publicity (where legally permitted) and Liability Release (“Release”), which will include a representation that such prize winner is a current smoker and was so prior to the start of the Sweepstakes period, and was at least twenty-one (21) years of age, or else such potential winner will be disqualified and an alternate potential winner will be selected. Noncompliance, failure to provide any information within the time specified, failure to respond to notification attempt(s) or return of any prize notification as undeliverable will result in disqualification and an alternate potential winner will be selected. All decisions of Sponsor relating to the Sweepstakes are final.

 

9.         Prize Conditions: The total ARV of all prizes available to be awarded herein is five hundred seven dollars and fifty cents ($507.50). In no event will Sponsor be responsible for awarding more than the stated number of Prizes herein. There is a limit of one (1) Weekly Prize per person, throughout the Sweepstakes Period, however, the winner of a Weekly Prize is still eligible to win the Grand Prize. Any and all taxes are the sole responsibility of the prize winners. No transfer, substitution or cash equivalent for any prize, in whole or in part, will be permitted except at Sponsor's sole discretion, and only then for a prize of greater or equal value as determined by Sponsor. Prizes will be awarded in compliance with any federal and state laws and applicable local ordinances. If a winner of any such prize is ineligible to receive such a prize under relevant state, federal or local laws and regulations, or for any other reason, such prize will be forfeited and no substitution will be provided. Prizes will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees are subject to the manufacturer’s terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. Prize award is subject to verification of eligibility and compliance with these terms of these Official Rules. All prize details are at Sponsor’s sole discretion.

 

10.       General Terms: Noncompliance or any violation of these Official Rules may result in disqualification. Sponsor assumes no responsibility for lost, incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error, which may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website or app, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error in administration of the Sweepstakes, or in the announcement of the prize winners. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, error, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be modified/terminated prior to the stated expiration date, notice will be posted where Sponsor sees fit and the Prizes will be awarded via random drawing from among all eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated entries are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual suspected or found: (i) to have tampered with the entry process or the operation of this Sweepstakes; (ii) to be acting in violation of these Official Rules; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

11.       Limitations of Liability: Entrants agree that the Sweepstakes Entities shall not be responsible or liable for, and hereby release the Sweepstakes Entities from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use the Prize. It is agreed that the Sweepstakes Entities have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to: (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors; (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities; or (3) by any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.

 

12.       Disputes, Governing Law and Venue: ENTRANTS AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION IN THE COURTS OF BROWARD COUNTY, FLORIDA AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFICTS OF LAW; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, IF ANY, BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

13.       Request for Official Rules and the Names of the Winners:  To receive a set of governing Official Rules, available during the Sweepstakes Period, you may send a direct message to @TheCigarLife requesting them. For the names of the prize winners, available after the Sweepstakes Period has ended, through 03/31/16, send a self-addressed stamped envelope to: Birth of Yargüera Twitter Sweepstakes winners list, c/o PIE-BC, LLC, 26 Patriot Place, Suite 104, Foxborough, MA, 02035.

 

14.       Sponsor: Altadis U.S.A. Inc., 5900 N. Andrews Avenue, Fort Lauderdale, FL  33309.