American Snuff Company – Grizzly’s 20-year Blowout Instant Win Game & Sweepstakes
GRIZZLY’S 20-YEAR BLOWOUT INSTANT WIN GAME & PROMOTION (“PROMOTION”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
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 ENTRY OR OTHERWISE NOT ELIGIBLE UNDER THE RESTRICTIONS STATED IN SECTION 1, BELOW.
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER PROMOTION PARTIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
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 CONSUMERS 21 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION AND WHO HAVE A VALID USERNAME (“USERNAME”) AND PASSWORD PROVIDED BY THE SPONSOR (“ELIGIBLE ENTRANTS” OR “ENTRANTS”). PROMOTION VOID IN MA, MI, U.S. TERRITORIES, AND WHEREVER PROHIBITED BY LAW. NO PURCHASE IS NECESSARY TO ACQUIRE A USERNAME. (For information about how to obtain a free Username, see Rule #4 below). Employees, officers, and directors (and their immediate families [spouse, children, parents, siblings, and their respective spouses] and those living in their same households) of the American Snuff Company, LLC (“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 to participate. 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 subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. PROMOTION OVERVIEW: Eligible consumers can enter the promotion on a daily basis during the Promotion Period (see Rule #3) by engaging in specified activities (voting on a topic, clicking a button or answering a poll question), referred to as a “Play,” for a chance to win prizes consisting of: (1) Instant Win prizes, (2) $20,000.00 Weekly Cash Prizes, (3) non-cash Weekly Prizes, and (4) Grand Prizes. See Rule 6 for prize details and an explanation of how prizes will be awarded.
3. PROMOTION PERIOD: The Promotion begins at 11:59:59 a.m. Eastern Time (“ET”) on June 15, 2021 and ends at 11:59:59 a.m. ET on December 14, 2021 (“Promotion Period”). The Promotion Period is divided into twenty six (26) weekly periods. Weeks in noted in bold text are weeks in which a Grand Prize Drawing will be held in lieu of a Weekly Prize Drawing. Sponsor’s computer is the official clock for this Promotion.
Prize Drawing Date
06/15/21, 12:00:00 p.m. ET
06/22/21, 11:59:59 a.m. ET
06/22/21, 12:00:00 p.m. ET
06/29/21, 11:59:59 a.m. ET
06/29/21, 12:00:00 p.m. ET
07/06/21, 11:59:59 a.m. ET
07/06/21, 12:00:00 p.m. ET
07/13/21, 11:59:59 a.m. ET
07/13/21, 12:00:00 p.m. ET
07/20/21, 11:59:59 a.m. ET
07/20/21, 12:00:00 p.m. ET
07/27/21, 11:59:59 a.m. ET
07/27/21, 12:00:00 p.m. ET
08/03/21, 11:59:59 a.m. ET
08/03/21, 12:00:00 p.m. ET
08/10/21, 11:59:59 a.m. ET
08/10/21, 12:00:00 p.m. ET
08/17/21, 11:59:59 a.m. ET
08/17/21, 12:00:00 p.m. ET
08/24/21, 11:59:59 a.m. ET
08/24/21, 12:00:00 p.m. ET
08/31/21, 11:59:59 a.m. ET
08/31/21, 12:00:00 p.m. ET
09/07/21, 11:59:59 a.m. ET
09/07/21, 12:00:00 p.m. ET
09/14/21, 11:59:59 a.m. ET
09/14/21, 12:00:00 p.m. ET
09/21/21, 11:59:59 a.m. ET
09/21/21, 12:00:00 p.m. ET
09/28/21, 11:59:59 a.m. ET
09/28/21, 12:00:00 p.m. ET
10/05/21, 11:59:59 a.m. ET
10/05/21, 12:00:00 p.m. ET
10/12/21, 11:59:59 a.m. ET
10/12/21, 12:00:00 p.m. ET
10/19/21, 11:59:59 a.m. ET
10/19/21, 12:00:00 p.m. ET
10/26/21, 11:59:59 a.m. ET
10/26/21, 12:00:00 p.m. ET
11/02/21, 11:59:59 a.m. ET
11/02/21, 12:00:00 p.m. ET
11/09/21, 11:59:59 a.m. ET
11/09/21, 12:00:00 p.m. ET
11/16/21, 11:59:59 a.m. ET
11/16/21, 12:00:00 p.m. ET
11/23/21, 11:59:59 a.m. ET
11/23/21, 12:00:00 p.m. ET
11/30/21, 11:59:59 a.m. ET
11/30/21, 12:00:00 p.m. ET
12/07/21, 11:59:59 a.m. ET
12/07/21, 12:00:00 p.m. ET
12/14/21, 11:59:59 a.m. ET
4. HOW TO PARTICIPATE:
First, you must have a Username and password A valid Username issued by Sponsor and password is required to participate in the Promotion. If a consumer does not already have a Username and password, a Username and password can be obtained for free by registering at www.mygrizzly.com (the “Website”). Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. 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 that entrant, that entrant and their Plays/entries will be disqualified in Sponsor’s sole discretion.
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 entrant may suffer due to careless or unauthorized use of his or her Username or password. No responsibility is assumed for failure to contact an entrant due to that entrant’s failure to maintain or update his/her contact information.
Second, submit a “Play” in the Promotion to enter for a chance to win a prize(s): There are two alternatives ways to enter (“Play”). Either:
Visit www.mygrizzly.com (“Website”) during the Promotion Period and go to the page entitled GRIZZLY’S 20-YEAR BLOWOUT INSTANT WIN GAME & PROMOTION, which will provide instruction on the activity to be undertaken to Play;
Scan the QR code on participating Grizzly products using your mobile phone, which will first take you to a log in page for the Website, and then to an augmented reality fishing game, which will provide instruction on the activity to be undertaken to Play.
Limit one (1) entry/Play per person/Username per day, regardless of method of entry. For the purposes of this Promotion, a “day” is defined as the twenty-four (24) hours between 12:00:00 p.m. ET of the current day and 11:59:59 a.m. ET of the following day.
Entries/Plays generated by a robotic, programmed, script, macro or other automated means will be disqualified. Any attempt by any person to submit more than one (1) play per day by using multiple/different Usernames or any other methods will void all of that person’s Plays (and corresponding entries into a random drawing, as applicable), and that person may be disqualified at Sponsor’s discretion. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, entries or Plays, which will be disqualified. In the event of a dispute as to any registration, entry or Play, the authorized account holder of the email address used to register the Username will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. If a person fails to execute a Play on a given day for any reason, such person forfeits the Play for that day. An entrant’s entry or Play for one day cannot be saved or combined with such entrant’s entry or Play for any other day; each day’s entry or Play by an entrant is a separate and independent event.
5. WINNER SELECTION:
INSTANT WIN PRIZES: Throughout the Promotion Period, at randomly selected times each day, the first entrant who completes a Play (by either entry method, see Rule #4) in accordance with the online instructions and whose Play is properly received and processed by Sponsor’s computer at or after a randomly selected time will win the indicated Instant Win Prize (subject to verification, see Rule #7 below). If your screen displays a prize-winning message, you are a winner of the indicated Instant Win Prize (subject to verification, see Rule #7 below). If your screen does not display a prize-winning message, you are not a winner of an Instant Win prize.
RANDOM DRAWINGS:Each week, on or about the Drawing Date listed in the table in Rule #3, winners of the Weekly Prizes described in Rule #6(b)-(c). There will be random drawings as follows:
Weekly Cash Prizes: The $20,000.00 weekly cash prize awards will be randomly drawn from all entries in the Promotion received during the week applicable to a particular Weekly Cash Prize, excluding previous winners of Weekly Cash Prizes. The drawing will be held as soon as practicable following the end of the week.
Weekly Prizes: The Weekly Prize awards will be randomly drawn from all entries in the Promotion received during the week applicable to a particular Weekly Prize (see Rule #3). The drawing will be held as soon as practicable following the end of the week.
Grand Prizes: The Grand Prize awards will be randomly drawn from all entries in the Promotion received during the weeks applicable to a particular Grand Prize (see Rule #3), excluding previous winners Grand Prizes. The drawing will be held as soon as practicable following the end of the week.
All drawings will be conducted by an independent organization whose decisions shall be final. Potential winners of prizes will be notified by email and/or phone within 24 hours of drawing..
Limit one Grand Prize and one Weekly Cash Prize per Username/address.
There is no limit on the number of other Weekly Prizes and/or Instant Win Prizes that may be won by any individual entrant for the Promotion Period.
Odds of winning an Instant Win Prize depend upon whether your Play is the first play to be received at or after one of the randomly-generated winning times.
Odds of winning any prize subject to a random drawing depends on the total number of eligible Plays received for the corresponding prize.
Winner Verification. Any individual who wins a prize or multiple prizes with a total ARV of $600.00 or more will be required to complete, sign and return an Affidavit of Eligibility and Liability Release and, upon Sponsor’s request, a Publicity Release within seven (7) days of notification.
If a winner cannot be contacted, if documents are not returned within the required number of days, if any prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize is forfeited (and, at the Sponsor’s sole discretion, an alternate winner will be selected in accordance with these Official Rules). Forfeited Prizes may be awarded by random drawing from among all remaining eligible entries. Any alternate potential winner will also have seven (7) days to claim the prize and must satisfy all eligibility requirements. If Sponsor is unable to determine and verify a potential winner after repeated alternate attempts or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award all prize(s).
Prize Award Delivery. Prizes will be awarded, as applicable at the mailing address associated with the winner’s Username typically within four to eight weeks of winner verification or Sponsor will contact winner to arrange for award of prize (the timing of prize delivery for non-cash prizes is variable).
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. Winners will receive an IRS Form 1099 in the amount of their prize ARV(s), if the total for the Promotion is $600.00 or more, at the appropriate time.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Verification of Eligibility. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION AND CONFIRMATION THAT THEY MEET THE ELIGIBILITY CRITERIA SET FORTH IN RULE #1 BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. 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 ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Screen shots or other evidence of winning will not be accepted in lieu of the validation process.
6. PRIZES: The prizes to be awarded during the Promotion are specified below. The methods by which prize winners will be selected is specified in Rule 5.
Instant Win Prizes: The following Instant Win Prizes will be randomly awarded throughout the entire Promotion Period.
Instant Win Prizes
Carbon Fiber Wallet
Realtree® Remington® Pocket Knife
Omaha Steaks® $100 Gift Card
Cabela’s® $25 Gift Card
Cabela’s® $50 Gift Card
Bass Pro Shops® $25 Gift Card
Bass Pro Shops® $50 Gift Card
Dick’s Sporting Goods® $25 Gift Card
Dick’s Sporting Goods® $50 Gift Card
The Home Depot® $25 Gift Card
The Home Depot® $50 Gift Card
Lowe’s® $25 Gift Card
Lowe’s® $50 Gift Card
Best Buy® $25 Gift Card
Best Buy® $50 Gift Card
Weekly Cash Prizes: Twenty-six (26) Weekly Cash Prizes of $20,000 (twenty thousand dollars) each will be awarded in for the form of a check.
Weekly and Grand Prizes: Each week Weekly Prizes or a Grand Prize will be awarded during the Promotion Period according to the schedule below. The prizes listed for Weeks 4, 8, 12, 16, 21, and 26 are Grand Prizes, and the remainder are Weekly Prizes.
Broil King® KEG™ 5000 Grill and Grill Accessories
Northstar Bison Custom Elk/Bison Gift Package
Lowrance® Hook Reveal 9 Fish Finder
GRAND PRIZE WEEK:
2021 Harley-Davidson® Fat Boy® 114 motorcycle
2021 Bass Tracker® Classic XL with 50 ELPT FourStroke Mercury® FourStroke (boat, motor, and trailer)
Shimano® Vanford/Bass Pro Shops® Johnny Morris CarboniteTM 2.0 Spinning Combo Rod/Reel
Lifetime® Stealth ProTM Angler 118 Fishing Kayak
Alumacart Sidekick Beach & Fishing Wagon
GRAND PRIZE WEEK:
Guided Fishing Trip Vacation to Islamorada, FL
Guided Fishing Trip Vacation to Steamboat Bay Fishing Club, AK
Canon® EOS Rebel T7 DSLR Camera with 18-55mm and 75-300mm Lenses Accessory Kit
Champion TargetsTM WheelyBirdTM 2.0 Electric Trap Thrower
Titleist® Men’s T100-S Irons (8-club set)
GRAND PRIZE WEEK:
Big Cedar Lodge Table Rock Lake Fishing & Golf Adventure Vacation
Paul Nelson Farm World Class Wing Shooting (South Dakota) Adventure Vacation
DeWalt® XR 6-Tool 20V MAX LI-ION Cordless Brushless Power Tool Combo with Soft Case
Yeti® Tundra 110 Hard Cooler
Sibley 450 ProTech Tent
GRAND PRIZE WEEK:
Polaris® RZR XP Turbo
John Deere® XUV835M Cab Crossover Utility Vehicle
DeWalt® 192 Piece Mechanics Tool Set and DeWalt® Heavy Duty Hand Tool Set with DeWalt ToughSystem with Drawer Unit Tool Box
Off Road Tires (awarded as a $1,000 Tire Rack®.com gift certificate)
Echo® CS-4510 Rear Handle Chainsaw
Weber® Q 2200 Gas Grill
GRAND PRIZE WEEK:
Moab Off-Road Adventure Vacation
Sage Lodge Montana Flyfishing Adventure Vacation
Truck Lighting Kits (awarded as a $500 LED Outfitters gift card)
Samsung® 70” Q60A QLED 4K Smart TV
Fender® Player Telecaster® Maple Fingerboard Electric Guitar
Personal Keg Station
GRAND PRIZE WEEK:
2001 Chevrolet® Tahoe
2001 Ford® Expedition
The trademarks indicated above used herein are the property of their respective owners in the United States and abroad and are not affiliated with the Promotion.
PROMOTION PRIZES RETAIL VALUE: The approximate total retail value of all prizes offered during the Promotion is $2,246,477.60.
ADDITIONAL CONDITIONS APPLICABLE TO TRIPS/TRAVEL GRAND PRIZE AWARDS:
Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, change of air travel fees, ground transportation, automobile insurance, meals, incidentals, passenger tariffs or duties, surcharges, service charges or facility charges, personal charges at lodging, security fees and/or other expenses, are the responsibility solely of winner.
All Grand Prize Trips consist of a six days, five nights trip for winner and one guest to be awarded in 2022. Additional prize restrictions listed below. Prize winner must accept prize as stated by Sponsor, without substitution or alteration, or prize may be forfeited. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prize cannot be assigned, transferred, or redeemed for cash. Sponsor will not replace any lost or stolen prizes or components of a prize. Prize cannot be used in conjunction with any other promotion or offer. Number of Instant Win Prizes available will diminish as they are awarded. Unclaimed Instant Win Prizes will be awarded via a second-chance drawing to be conducted via random drawing from all entries received during the Promotion. Travel restrictions may apply; flight times and travel dates are at discretion of Sponsor. Selection of specific suppliers (including but not limited to airlines, hotels, and transportation companies) is at the discretion of Sponsor and subject to availability and blockout dates. All travel will be awarded for use by the winner in 2022. Winner is responsible for obtaining the proper travel documentation (e.g. valid government issued photo ID or passport) prior to travel. If winner’s residence is located within 200 miles of the selected destination, Sponsor reserves the right to provide a $300.00 travel allowance in the form of a check in lieu of air travel. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Changes are not permitted after airline tickets are issued. The hotel may require a valid credit card in winner’s name for an incidentals deposit upon check-in. Specific hotel policies must be adhered to at all times. Sponsor is not responsible if winner and/or winner’s guest is ejected from hotel or is otherwise penalized for failure to follow hotel policies or the policies of any parties who perform services for the purposes of the prize.
There will be no compensation or prize substitution if winner is unable to take scheduled trip due to illness, family emergency, personal events, terrorism, labor strikes, weather, epidemics, pandemics, or other acts beyond Sponsor’s control. Sponsor assumes no responsibility for canceled, delayed, suspended or rescheduled events (including, but not limited to airline flights and the Event) or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations) beyond its control. In the event that the trip or the Event must be canceled for any reason (e.g., act of God, travel bans, epidemic/pandemic or other restrictions attributable to factors known or unknown at the time these Official Rules are published), in the sole discretion of the Sponsor, Sponsor reserves the right to offer a substitute prize (or portion thereof), if any, including cash in its sole discretion. If weather or force majeure events affect the ability for the winner to redeem any portion of the prize during the scheduled Event date(s), then the Sponsor shall have no further obligation to the winner other than to supply the remaining elements of the prize package.
Expenses and incidentals not mentioned herein as being paid by Sponsor are the winner’s sole responsibility, including but not limited to tips and gratuities; room service; meals (outside of or in addition to meals provided by Sponsor), snacks, and beverages; souvenirs; local and long-distance telephone calls; laundry; insurance; ground transportation between winner’s home and the airport; airport parking; baggage fees; medical fees and other personal expenses associated with the trip. Lost, stolen or damaged airline tickets or Event tickets will not be replaced or exchanged.
Winner’s travel companion must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he resides (and at least twenty-one (21) years of age), and must complete and return a liability/publicity release prior to prize award. Winner and guest must travel together on the same itinerary. If Winner elects to travel or participate in the prize travel with fewer than 1 guest, no additional compensation will be awarded. If Winner elects to travel or participate in prize travel with more than 1 guest, such additional guest(s) shall be responsible for any and all costs associated with such travel. Winner and guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
ADDITIONAL CONDITIONS APPLICABLE TO VEHICLE GRAND PRIZE AWARDS:
As–is: Vehicle Prize will be awarded as-is. By accepting the prize, winner agrees and understands that any modification to the Vehicle may impact the operation and safety of the Vehicle, and the winner accepts all risks associated with use of the Vehicle.
Insurance, Registration and Taxes: 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; (ii) insurance, licensing, title, and registration fees; (iii) any costs associated with picking up the Vehicle from a designated pick up location (as determined by Sponsor, in Sponsor’s sole discretion) if the Vehicle is not delivered directly to winner’s residence (see “Delivery” below); (iv) preparation fees and/or additional options/upgrades, additions or equipment (other than the custom modifications); and/or (v) any additional expenses associated with prize acceptance and use not described herein as being awarded, including, without limitation, emissions inspection, additional equipment, gasoline, Vehicle maintenance and all other fees and expenses associated with the receipt and use of the prize. Winner must provide proof of valid insurance and appropriate driver’s license issued in winner’s jurisdiction of residence prior to Vehicle receipt.
Other Terms: The Sponsor reserves the right to substitute a similar Vehicle or custom parts of comparable value, (i) if any customization is not operable on the Vehicle or there is accidental damage to the Vehicle during modification; (ii) in the event any modified Vehicle does not comply with the regulatory and statutory requirements to operate on the roads in the state where the winner’s residence is located; or (iii) if there is a fire, theft or other disaster that is not fully addressed elsewhere in these Official Rules. The decision to make a substitution is at the Sponsor’s sole discretion. If the Sponsor elects to provide a substitution, a delay in delivery and/or modification of the prize will occur. Sponsor is not responsible for any delay in delivery of the Vehicle. At Sponsor’s sole discretion, Sponsor may award a portion of any customization in the form of a corporate check in lieu of modifications to the Vehicle.
ADDITIONAL CONDITIONS APPLICABLE TO INSTANT WIN AND WEEKLY PRIZE AWARDS:
All Instant Win and Weekly Prizes awarded during the Promotion are awarded “as is.” The Sponsor makes no representations or warranties regarding any prizes. Use of prizes is at the discretion of the prize winner. The winner accepts all risks associated with use of the prize. Sponsor bears no responsibility for use or operation of any prize.
7. GENERAL PROMOTION CONDITIONS: By participating in the Promotion, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and all media) contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the website, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor. If, for any reason, the Promotion cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Promotion and modify the Promotion to address the impairment, then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the promotion and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. RELEASES; LIABILITY LIMITATIONS: By participating in the Promotion, (a) entrants agree that Sponsor and Promotion Parties and all of their respective officers, directors, employees, representatives and agents 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, use or misuse 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 tobacco 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. Sponsor and Promotion Entities are not responsible if this Promotion cannot be administered or conducted or any prize cannot be awarded due to cancellations, delays, or interruptions resulting or arising from acts of god, war, or terrorism, civil unrest, strikes, supply shortages, natural disasters, weather, epidemics, pandemics, compliance with any law or order of a governmental authority, or any other similar act, event or occurrence beyond the reasonable control of the Sponsor.
Sponsor and Promotion Parties are not responsible for lost, late, stolen, misdirected, or non-delivered Plays 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 Plays/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, 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 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 Plays 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 Plays is limited to another Play 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.
9. 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.
10. GOVERNING LAW & JURISDICTION: The Promotion Official Rules and the Promotion are governed by U.S. 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 #9 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.
11. WINNERS’ LIST: To obtain a list of winners, mail your name and address on a first-class, self-addressed stamped envelope to: Grizzly’s 20 Year Blow-Out Winners’ List, 1105 SE 8th Street, Grand Rapids, MN 55744 for receipt by January 14, 2022. Do not send any other correspondence to this address. A list of prize winners will be mailed after all winners have been determined and prizes have been awarded.
SPONSOR: American Snuff Company, LLC, 5106 Tradeport Drive, Memphis, TN 38141.
Copyright ©2021 American Snuff Company, LLC. Copyright 2021 Arrowhead Promotions, Inc. All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.