American Snuff Company – Grizzly Gauntlet Challenge Giveaway Sweepstakes

Grizzly Gauntlet Challenge Giveaway OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ELIGIBILITY: The Grizzly Gauntlet Challenge Giveaway (referred to herein as the “Giveaway”) is open to legal residents of the United States and the District of Columbia (excluding residents of Massachusetts, Michigan and Virginia) who are tobacco consumers age 21 or older at time of entry, and who are registered users of www.mygrizzly.com. Void in Massachusetts, Michigan, Virginia, Puerto Rico, other U.S. territories and possessions, and where prohibited by law. The Giveaway is intended for entry in the United States only. Do not enter if you are not eligible and located in the United States at the time of entry. Employees of American Snuff Company, LLC (the “Sponsor”) and its subsidiaries, affiliates, advertising and promotion agencies, Ventura Associates International LLC (“Administrator”) and their immediate families and persons living in the same households are not eligible to enter or win. Giveaway is governed by U.S. law.

THE GIVEAWAY ENTRY PERIOD: Giveaway begins at noon (12:00:00 pm) Eastern Time (“ET”) on June 11, 2019 and ends at 11:59:59 am ET on August 20, 2019 (the “Giveaway Entry Period”). For the purpose of these Official Rules, each daily entry period (“Day”) begins at midnight (12:00:00 am) ET and ends at 11:59:59 pm ET on the same calendar day with two exceptions: The first Day (i.e., June 11, 2019) begins at noon (12:00:00 pm) ET and ends at 11:59:59 pm ET; and the last Day (i.e., August 20, 2019) begins at midnight (12:00:00 am) ET and ends at 11:59:59 am ET.
This Giveaway consists of an instant win game (“Instant Win Game”) and ten (10) weekly grand prize (“Weekly Grand Prize”) random drawings. Follow instructions in the “How to Enter” section below to learn how to qualify to win an instant win prize (“Instant Win Prize”) or a Weekly Grand Prize. Refer to the chart below for Weekly Grand Prize Entry Period corresponding to the Weekly Grand Prizes detailed in section 7.

Weekly Grand Prize #

Weekly Grand Prize Entry Period begins at:

Weekly Grand Prize Entry Period ends at:

1
Noon (12:00:00 pm) ET on 6/11/2019
11:59:59 pm ET on 6/17/2019

2
Midnight (12:00:00 am) ET on 6/18/2019
11:59:59 pm ET on 6/24/2019

3
Midnight (12:00:00 am) ET on 6/25/2019
11:59:59 pm ET on 7/1/2019

4
Midnight (12:00:00 am) ET on 7/2/2019
11:59:59 pm ET on 7/8/2019

5
Midnight (12:00:00 am) ET on 7/9/2019
11:59:59 pm ET on 7/15/2019

6
Midnight (12:00:00 am) ET on 7/16/2019
11:59:59 pm ET on 7/22/2019

7
Midnight (12:00:00 am) ET on 7/23/2019
11:59:59 pm ET on 7/29/2019

8
Midnight (12:00:00 am) ET on 7/30/2019
11:59:59 pm ET on 8/5/2019

9
Midnight (12:00:00 am) ET on 8/6/2019
11:59:59 pm ET on 8/12/2019

10
Midnight (12:00:00 am) ET on 8/13/2019
11:59:59 am ET on 8/20/2019

HOW TO ENTER: You must be a registered user of www.mygrizzly.com (“Website”) to enter the Giveaway. If you are not a registered user, you can register for free by visiting the Website and fulfilling the instructions to register. Your mygrizzly.com account must be in good standing in order to be eligible to win any prize. Once you have registered, log on to the Website during the Giveaway Entry Period and follow the onscreen instructions to play the Instant Win Game. To play the Instant Win Game, answer a multiple-choice question (referred to as a “game play”). When you submit your answer, you automatically play the game for a chance to win an Instant Win Prize and you will receive one (1) entry into a given Weekly Grand Prize random drawing for which it qualifies. Your answer does not affect your chances of winning any prize in this Giveaway. The questions and answers are for entertainment purposes only. There will be a different question each day of the Giveaway Entry Period and your entry/entries will not rollover to the next Weekly Grand Prize random drawing.
If one of your game play activates a prize-winning message, you will be provided instructions to confirm your shipping address for the Instant Win Prize. All Instant Win Prize Winners are subject to verification and Instant Win Prizes will be awarded after the conclusion of the Giveaway Entry Period, see additional details in Section 6 below. An entrant is not a winner of any Instant Win Prize until entrant’s eligibility and the potential winning play has been verified by Sponsor and/or Administrator. A screenshot is not proof or evidence of winning. To win an Instant Win Prize, your game play must be received at exactly a winning time or be the first game play recorded after a winning time. All Instant Win Prize winning times were randomly determined prior to the start of the Giveaway. If no game play is recorded for a given randomly selected Instant Win Prize winning time, that Instant Win Prize will not be awarded. Winners can only win one (1) of each type of Instant Win Prize during the Giveaway Entry Period. If an entrant receives a winning notice for a prize he/she has previously won, that entrant will be disqualified from winning the repeat instant win prize again and that prize will not be awarded. If your screen does not display a prize-winning message, you are not an Instant Win Prize winner. However, the non-winning game play will earn you one (1) entry into the Weekly Grand Prize random drawing associated with that game play. Limit one (1) game play per Day per registered mygrizzly.com adult tobacco consumer. Receipt of a play occurs when the server hosting the Website records the submission resulting from an entrant clicking on a “Submit” button. Sponsor’s designated computer will be the official record keeping device for all game plays and entries applicable to this Giveaway.
Use of automated processes and devices to submit game plays or random draw entries are not permitted. Any attempt by any individual to play more than once per Day using multiple names or accounts or any other methods will void all of such individual’s prior game plays and random draw entries in Sponsor’s sole discretion. The Sponsor is not responsible for any changes or effects caused to entrant’s computer system or mobile device as a result of participating in the Giveaway. If you enter using a mobile device, standard data rates may apply from your carrier. In the event of a dispute over the identity of an entrant, entrant may be deemed to be the individual associated with the Website account used to submit the game play or the disputed game play may be disqualified, determined in the sole discretion of the Sponsor. All entries become Sponsor’s property and will not be returned or acknowledged.

VERIFICATION OF POTENTIAL WINNERS: Receiving a prize is contingent upon a potential winner’s compliance with these Official Rules. Administrator is an independent judging organization whose decisions as to the administration and operation of the Giveaway and the verification of winners are final and binding in all matters related to the Giveaway.
All Weekly Grand Prize random drawings will be conducted on or about September 3, 2019 from among all eligible entries received during the Giveaway Entry Period. All eligible entrants are eligible for the given Weekly Grand Prize random drawing for which it was received regardless of the number of Instant Win Prizes won in the Giveaway.
All potential Instant Win Prize winners and Weekly Grand Prize winners will be notified by e-mail at the e-mail address used to register for the Website. At the sole discretion of the Sponsor and/or Administrator, prize winners who win a prize or combination of prizes totaling $600 or more will be required to complete and return an Affidavit of Eligibility and Liability and a Publicity Release (“Affidavit”) within seven (7) days of date specified on notification in order to formally claim and receive the prize(s). Affidavit and prize notification to all winners will be sent after the Giveaway Entry Period. If an Affidavit or prize notification is returned as undeliverable, or if the Affidavit is not returned within the date specified on the notification, or if a potential prize winner has already won the same prize earlier in the Giveaway, or if a potential prize winner is otherwise found to be ineligible, or if a potential prize winner cannot accept/receive the prize for any reason, that potential winner will be disqualified and the prize will be forfeited. No alternate winners for any forfeited or unclaimed Instant Win Prizes will be selected. No substitutions, cash redemption or transfer of prizes permitted. If a prize is not available, or would otherwise be in violation of any federal, state, or local law, the Sponsor reserves the right to substitute such prize with another prize of comparable value. Winners of prizes valued at $600 or more, or who win a combination of prizes totaling more than $600, will be required to furnish his/her Social Security number to the Administrator as a condition of receiving the prize, and an IRS Form 1099 will be filed in the name of the winner for the total value of the prize(s). All federal and state taxes, if any, are the sole responsibility of each winner.
If through production errors, computer programming errors, or any other error, more Instant Win Prizes are claimed than the number of Instant Win Prizes intended to be awarded as set forth in these Official Rules, no more than the actual number of Instant Win Prizes per these Official Rules will be awarded. Should such an event occur, winners will be determined in a random drawing from among all eligible winning Instant Win Prize claims during a given Day where the production error occurs. Sponsor reserves the right to award fewer than the stated number of prizes in the event that it cannot confirm the stated number of winners in accordance with these Official Rules.
Instant Win Prizes will be shipped to the address in each winner’s mygrizzly.com account in approximately ten (10) weeks after the verification process is completed. The Sponsor is not responsible for any returned/undeliverable prizes and such prizes will be forfeited.

CONSUMER DISCLOSURES: No purchase necessary to enter or win. You have not yet won. Ends: 8/20/19. A total of 300 Instant Win Prizes and 20 Weekly Grand Prizes will be awarded. Odds of winning an Instant Win Prize depend upon whether your game play occurs at or is the first play after one of the randomly-generated winning times in a given Day. Odds of winning a Weekly Grand Prize depend upon the total Weekly Grand Prize entries received during the given Weekly Entry Period. Total approximate retail value (“ARV”) of all prizes: $300,005.80. Limit one (1) of each type of Instant Win Prize and one (1) Weekly Grand Prize per entrant during the Giveaway Entry Period. SPONSOR: American Snuff Company, LLC, 5106 Tradeport Drive, Memphis, TN 38141.
Instant Win Prizes awarded during the Giveaway Entry Period:

Instant Win Prize description
Quantity
ARV
Total ARV

The SEVENTY2™ Survival System
25
$349.99
$8,749.75

The Zeus – Portable Jump Starter & USB Charger
25
$149.99
$3,749.75

Costa® Fantail
15
$269.99
$4,049.85

Survival Flashlight, Multi-tool & Matches
28
$26.99
$755.72

Garmin® – inReach® Handheld Satellite Communicator
25
$399.99
$9,999.75

Garmin® – fenix® 5X Multisport GPS Watch
25
$599.99
$14,999.75

DemerBox® Bluetooth Boombox
50
$349.00
$17,450.00

Leupold® 10×42 BX-4 Pro Guide HD Binoculars
20
$599.99
$11,999.80

Yeti® Hondo® Base Camp Chair
10
$299.99
$2,999.90

The North Face® One Bag Sleeping Bag
10
$289.00
$2,890.00

The North Face® Assault 2 Tent
10
$589.00
$5,890.00

Yeti® Panga 100
10
$399.00
$3,990.00

Browning Blackout 6V Tactical Headlamp
10
$89.99
$899.90

Old Town® Predator 13 Angler
2
$1,399.99
$2,799.98

Husqvarna 120 Chainsaw
10
$179.99
$1,799.90

Yeti® Rambler 64 oz. Bottle
25
$49.99
$1,249.75

Weekly Grand Prizes awarded per Weekly Entry Period:

Weekly Grand Prize #
Weekly Grand Prize description
Quantity
ARV
Total ARV

1
Polaris® RZR® 570
2
$10,599.00
$21,198.00

2
Honda® Fourtrax® Foreman® Rubican® 4X4
2
$8,599.00
$17,198.00

3
Forest River Flagstaff Sports Enthusiast 176SE
2
$12,061.00
$24,122.00

4
Yamaha® Waverunner® EX Sport
2
$7,799.00
$15,598.00

5
$10,000 of Gold Bullion
2
$10,000.00
$20,000.00

6
Lowe® Roughneck® 1546
2
$10,741.00
$21,482.00

7
Polaris® 600 Switchback® SP
2
$11,299.00
$22,598.00

8
Yamaha® YZ250
2
$7,399.00
$14,798.00

9
2019 ARGO® FRONTIER® 600 6X6
2
$8,999.00
$17,998.00

10
Mako® Pro Skiff 15CC
2
$15,370.00
$30,740.00

Additional detail on vehicle/ATV prizes: Winners must take delivery of the vehicle prize at a local authorized dealer. Winners must sign a release of liabilities, any required agreement and Affidavit prior to receiving prize. Selection of the local authorized dealer near the winner’s primary residence is at Sponsor’s sole discretion. Winner must take delivery of the prize from a dealership designated by Sponsor within 60 days of notification that the prize is available for pick-up. If prize is not picked-up or winner fails to provide the required documentation within 60 days of notification, that prize winner shall forfeit the prize. Upon delivery of the prize to the dealership, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility to procure the prize directly from the dealership. Winner must possess and provide proof of valid insurance and appropriate driver’s license issued in winner’s jurisdiction of residence at time of prize pick-up. The winner is solely responsible for any expenses and costs in connection with the prize not expressly described herein as being awarded including, without limitation, the following: (i) all income, federal (including luxury), state and local taxes, including sales tax payable to dealership; (ii) insurance and registration fees; (iii) any travel/shipping costs associated with transportation of the winner and/or the vehicle between winner’s residence and dealership; (iv) dealer preparation fees and/or additional options, additions or equipment requested by winner, if any; and/or (v) any additional expenses associated with prize acceptance and use not described herein as being awarded, including, without limitation, inspection, additional equipment, gasoline, maintenance, storage and all other fees and expenses associated with the receipt and use of the prize. The winner is solely responsible for all costs associated with use of the prize. All additional options and upgrades will be the sole responsibility and expense of winner. If winner cannot accept/receive the vehicle prize for any reason, he/she will be disqualified and the prize will be forfeited with no further obligation by the Sponsor to the winner. In the event of a vehicle prize forfeiture the Sponsor may, in Sponsor’s sole discretion, award or not award the forfeited vehicle prize to an alternate winner.
Additional detail on boat prizes: The boat prize will be transported to an authorized dealer near the winner’s primary residence, selected in the sole discretion of Sponsor. Winner is solely responsible for any expenses and costs in connection with the prize not expressly described herein as being awarded including, without limitation, the following: (i) all income, federal (including luxury), state and local taxes, including sales tax payable to dealership; (ii) insurance and registration fees; (iii) any travel/shipping costs associated with transportation of the winner and/or the boat between winner’s residence, dealership and/or the marina, dock, or other storage facility for the boat; (iv) dealer preparation fees and/or additional options, additions or equipment requested by winner, if any; and/or (v) any additional expenses associated with prize acceptance and use not described herein as being awarded, including, without limitation, inspection, additional equipment, gasoline, maintenance, mooring, storage and all other fees and expenses associated with the receipt and use of the prize. Winner must take delivery of the prize from a dealership designated by Sponsor within 60 days of notification that the prize is available for pick-up. All additional options and upgrades will be the sole responsibility and expense of winner. If winner cannot accept/receive the boat prize for any reason, he/she will be disqualified and the prize will be forfeited. Where applicable, winner must possess and provide proof of valid insurance and appropriate driver’s license issued in winner’s jurisdiction of residence at time of prize pick-up. If prize is not picked-up or winner fails to provide the required documentation within 60 days of notification, that prize winner shall forfeit the prize. In the event of a boat prize forfeiture, at Sponsor’s sole discretion, an alternate winner may be selected if time permits. Upon delivery of the boat to the dealership, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility to procure the prize directly from the dealership. Winner must sign a release of liabilities, any required agreement and affidavit prior to receiving prize.
Additional detail on gold bullion prize: $10,000 worth of gold bullion will be awarded. The weight of gold bullion to be awarded will depend on the price of gold at time of purchase (as gold prices fluctuate on a daily basis). Gold bullion will be shipped to confirmed winner directly from the dealer of Sponsor’s choice. Dealer will provide insurance on the shipment and Sponsor is not responsible for any losses that may occur during or after shipment. Winner is solely responsible for the security of the bullion after award. Sponsor will not replace lost or stolen gold bullion.
All Weekly Grand Prizes:Winners can elect to receive cash option for the prize value stated on the chart in Section 7 above in lieu of the merchandize prize. Cash will be awarded in the form of a corporate check.
ADDITIONAL DETAIL ON ALL PRIZES: Sponsor reserves the right to substitute a prize or portion of a prize with a prize of comparable value in the event the stated prize becomes unavailable for any reason, in its sole discretion. All winners acknowledge that the Sponsor (and all other businesses concerned with this Giveaway) and its agents do not make, nor are in any manner responsible for, any warranty or representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of any prize. All prizes shall be subject to the manufacturer’s standard warranty to the extent offered. Selection of prize item, size, color and model will be at Sponsor’s sole discretion. The prize is non-transferable, non-refundable and non-assignable, and must be accepted as awarded, “AS IS”, with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable. Sponsor shall not be responsible for any cancellations or delays or any act or omissions whatsoever by the transportation company or any other persons providing any of the prize fulfillment services.
Prize images depicted in advertising and promotional materials may vary from the actual prize as any depiction of prize is for illustrative purposes only. The trademarks associated with prizes are the property of their respective owners, who are NOT affiliated with this Giveaway in any fashion whatsoever, and no endorsement is suggested or implied. American Snuff Company, LLC. is the sole sponsor of this Giveaway. Reference to third parties in connection with prizes are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor, Administrator or the Giveaway.
All amounts are represented in U.S. dollars unless otherwise stated. The ARV of all prizes are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Any difference between the stated ARV of any of the prizes and the actual value will not be awarded.

GENERAL CONDITIONS: By entering, you (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Giveaway; and (iii) release, hold harmless, and indemnify the Sponsor and its affiliated companies, the Administrator and all other businesses involved in this Giveaway, as well as the employees, officers, directors and agents of each, from all claims, losses, injury, damages, and liability arising directly or indirectly or relating to your acceptance, possession, use and/or misuse of a prize, and participation in the Giveaway. Entering this Giveaway and acceptance of a prize (if determined a winner) constitute permission to use each winner’s name, prize won, hometown, photographs/videos and likeness for online posting and promotional purposes without further compensation or notification, except in Tennessee or where prohibited by law.
By participating in this Giveaway, you acknowledge and agree that your personal information supplied to Sponsor may be used by Sponsor for internal marketing analyses and to provide you with future tobacco product promotional offers and tobacco-related information. Information provided by you will be treated consistent with Sponsor’s privacy policy, which is located at https://www.mygrizzly.com/FooterLinks/PrivacyPolicy.
If you would prefer not to receive future mail or email communications from Sponsor, you may subsequently opt-out by calling 866-843-0636, or writing your name and address (and email address if previously provided to Sponsor) on a postcard and mailing to: Mail Manager-Remove, P.O. Box 834049, Richardson, TX 75083-4049. You may also log on to www.mygrizzly.com and make changes within your profile regarding the receipt of mail and email from Sponsor. By opting-out, residual information may nonetheless remain in our database and other records, which may not be permanently deleted.

LIMITATION OF LIABILITY: Sponsor is not responsible for: (i) lost, late, misdirected, non-delivered, damaged or illegible game plays, e-mails, or other communications; or (ii) error caused by human and/or technological issue, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of giveaway/game play materials or announcements, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive game play information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website (including, without limitation, a Sponsor update to the Website during the Sweepstakes Period that results in the Website becoming unavailable or otherwise disrupted for a period of time) or any combination thereof; or (iii) any injury or damage to user’s or any other person’s computer or mobile device related to or resulting from participating in the Giveaway. The Sponsor reserves the right to: (i) permanently disqualify from any promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw, modify, suspend or cancel the Giveaway if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Giveaway) and to select winners from among all eligible game plays received prior to withdrawal and/or cancellation, or as otherwise deemed fair and equitable by Sponsor or Administrator. Furthermore if the Giveaway is cancelled, any of the remaining unclaimed Instant Win Prizes and the Weekly Grand Prizes will not be awarded. In no event will Sponsor be liable for more than the number of prizes stated in Section 7 up to the date of cancellation. Giveaway and/or game play materials/data that have been tampered with or altered, or mass game plays or game plays generated by a script, macro or use of automated devices are void. Failure to comply with these Official Rules may result in disqualification from the Giveaway.
IN NO EVENT WILL SPONSOR, ITS PARENT AND AFFILIATES, THEIR ADVERTISING OR PROMOTIONAL AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A USER, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Any Giveaway materials, including without limitation the offer, abbreviated rules, these Official Rules, advertising and promotional materials and announcement of winners that contain production, printing, or typographical errors or are obtained outside authorized, legitimate channels are automatically void, and the liability of Sponsor, if any, is limited to the replacement of such materials. By participating in the Giveaway, you, as an entrant, release Sponsor and its affiliates from any losses, claims or damages that may result therefrom.

BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Giveaway 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 the 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, or 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 SECTION SHALL BE IN THE USER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S GIVEAWAY, EACH USER 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 GIVEAWAY, 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 ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY USER OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND USER 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) USER AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND USER 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 USER.

GOVERNING LAW: The Giveaway Official Rules and the Giveaway 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, and enforceability of the Giveaway Official Rules, or the rights and obligations of user and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the state of North Carolina without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 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.

SPONSOR: American Snuff Company, LLC, 5106 Tradeport Drive, Memphis, TN 38141.

ADMINISTRATOR: Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.

WINNERS LIST: For a list of winners (available after October 15, 2019), send a stamped, self-addressed envelope for receipt by October 15, 2019 to: Grizzly Gauntlet Challenge Giveaway Winners Ref: WG, c/o Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.