Rj Reynolds – 2019 Newport Payday Deal21 Instant Win Game – Tobacco Consumers – Win $200.00 (awarded in the form of a check
2019 NEWPORT PAYDAY DEAL21 INSTANT WIN GAME (“GAME”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS GAME IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND IS GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IN THE GAME IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: THE GAME IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. (EXCLUDING RESIDENTS OF MA, MI, U.S. TERRITORIES), WHO ARE TOBACCO CONSUMERS 21 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION AND HAVE A VALID USERNAME AND PASSWORD PROVIDED BY THE SPONSOR. GAME VOID IN MA, MI, U.S. TERRITORIES, AND WHEREVER PROHIBITED BY LAW. NO PURCHASE IS NECESSARY TO ACQUIRE A USERNAME. (To obtain a free Username, see Rule #3 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 R.J. Reynolds Tobacco Company (“Sponsor”), its parent, affiliates, subsidiaries, advertising and promotion agencies, and Webmasters/suppliers are not eligible. 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 Game. Game subject to applicable federal, state, and local laws and regulations.
2. GAME PERIOD: Game begins at 12:00:00 p.m. (noon) Eastern Time (“ET”) on September 24, 2019, and ends at 11:59:59 a.m. ET on December 17, 2019 (“Game Period”). Sponsor’s computer is the official clock for this Game.
3. HOW TO PARTICIPATE: In order to participate, you must have a Username (as described in Rule #1). If you do not have a Username, see “How to obtain a Free Username and update your Username contact information” below. Upon obtaining a Username, visit www.NewportPleasure.com (“Website”) during the Game Period and look for the Game link. Click on the indicated Game link and follow the online instructions to play for a chance to win a prize (subject to verification) (a “Play”). All entrants must have a valid email address, in addition to other eligibility requirements (as described in Rule #1).
During the Game Period, randomly selected times will be assigned, and the first entrant who completes a Play in accordance with the online instructions (whose Play is properly received and recorded by Sponsor’s computer) at or after a randomly selected time will win the indicated prize (subject to verification, see Rule #5 below). If your screen displays a prize-winning message, you are a
winner of the prize indicated (subject to verification). If your screen does not display a prize-winning message, you are not a winner of a prize.
All Plays must be received and recorded during the Game Period. Limit one (1) Play per person/Username per day. A “day” is defined as the 24 hours between 12:00:00 a.m. (midnight) ET and 11:59:59 p.m. ET of the same day, except for the first day of the Game Period which begins at 12:00:00 p.m. (noon) ET and ends at 11:59:59 p.m. ET of the same day and the last day of the Game Period which begins at 12:00:00 a.m. ET and ends at 11:59:59 a.m. ET of the same day. 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. 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 Play for one day cannot be saved or combined with such entrant’s Play for any other day; each day’s Play by an entrant is a separate and independent event.
How to obtain a Free Username and update your Username contact information: A valid Username issued by Sponsor and password will be required to participate in the Game. A Username and password can be obtained for free at the Website by registering as a new user. No responsibility is assumed for failure to contact an entrant due to that entrant’s failure to maintain or update his/her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. 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 you may suffer due to the careless or unauthorized use of a Username and password. Entrants must use only one (1) Username and password and must only 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 entrant, that entrant, and their Plays may be disqualified in Sponsor’s sole discretion.
(e.g., phone calls, text messages, chats, emails, etc.) may be recorded and retained for quality assurance and training purposes.
Two hundred (200) First Prizes: Each First Prize winner will receive $200.00 (awarded in the form of a check, payable to winner).
Two hundred (200) Second Prizes: Each Second Prize winner will receive $100.00 (awarded in the form of a check, payable to winner).
Three Hundred Twenty (320) Third Prizes: Each Third Prize winner will receive one (1) $75.00 Prepaid Debit Card.
Three Hundred Twenty (320) Fourth Prizes: Each Fourth Prize winner will receive one (1) $50.00 Prepaid Debit Card.
Prepaid Debit Cards are subject to the terms and conditions set by issuer and expiration date shown on the front of the card. Cash prizes will be awarded in the form of a check, made payable to the winner. Winner must accept prize as stated by Sponsor or prize will be forfeited. Winner may not substitute, assign or transfer a prize. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Odds of winning a prize depend on whether or not your eligible Play corresponds to a randomly preselected winning time during the Game Period. Total value of all prizes offered is $100,000.00.
Limit one (1) prize per Username/address.
5. GENERAL CONDITIONS: By participating in the Game, (a) entrants agree that Sponsor, its parent, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the “Promotion Parties”) 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, misuse or use of prize or his/her participation in this Game or any Game-related activity; 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. All winners are subject to age verification and confirmation that they meet the eligibility criteria set forth in Rule #1. An entrant is not a winner of any prize, even if a prize-winning message or any other aspect of the Game should so indicate, unless and until the entrant’s eligibility and the potential winning Play have been verified. Screenshots or other evidence of winning will not be accepted in lieu of the validation process.
All prizes will be awarded via mail at the mailing address associated with the winner’s Username within four (4) to eight (8) weeks of winner verification. Prizes cannot be shipped to a PO Box, if a PO Box is associated with the address connected to your Username, please update your mailing address within your Username contact information (See Rule #3).
If a prize is returned as nondeliverable or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, the applicable prize may be forfeited, at the sole discretion of the Sponsor. Unclaimed prizes will not be awarded.
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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
6. LIABILITY LIMITATIONS: Sponsor, its Promotion Parties, Webmasters/suppliers, contractors and vendors 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 Game 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 or other information or the failure to capture or the loss of any such information. Sponsor, its agencies, Webmasters/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 Game and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Game or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor, its agencies, and Webmasters/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 Game or downloading or copying materials from or use of the Website. If, for any reason, Game is not capable of running as planned by
reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Game, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Game and randomly determine winners from eligible, non-suspect Plays received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. 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 #4, 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 Game 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 #4. 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 Game 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, ITS PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR GAME AGENCIES, WEBMASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OR PROMOTION PARTIES 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 GAME 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 GAME 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 Game 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 recipient, by participating, releases Sponsor, its parent, subsidiaries, advertising and promotion agencies, the Game’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 or any Abbreviated Rules and these Official Rules shall be resolved in favor of these Official Rules.
7. BINDING ARBITRATION: Any and all disputes, controversies or claims arising out of or relating to this Game 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 GAME IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S GAME, 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 GAME, 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.
8. GOVERNING LAW & JURISDICTION: The Game Official Rules and the Game are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Game Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Game, 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 #7 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.
9. WINNERS’ LIST: To obtain a list of prize winners, mail your name and address on a first-class, self-addressed stamped envelope to: 2019 Newport PayDay Deal21 Instant Win Game Winner’s List, 10 South 5th Street, 7th Floor, Dept. 924-759, Minneapolis, MN 55402 for receipt by January 19, 2020. Do not send any other correspondence to this address. Winners’ Lists will be mailed after all winners have been determined and verified.
SPONSOR: R.J. Reynolds Tobacco Company, 401 N. Main Street, Winston-Salem, NC 27101.