Rj Reynolds – Newport Fresh Take Studio Video Instant Win And – Win Entry Period 1 and Entry Period 5) Trip for winner and up to three (3) adult guest(s) to Hollywood California within an $8000.00 budget
NEWPORT FRESH TAKE STUDIO VIDEO INSTANT WIN AND SWEEPSTAKES (“PROMOTION”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. 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 ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
1. ELIGIBILITY: THE PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. (EXCLUDING RESIDENTS OF MA AND MI) WHO ARE TOBACCO SMOKERS 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND HAVE A VALID PERSONAL IDENTIFICATION NUMBER (“PID”) AND PASSWORD PROVIDED BY THE SPONSOR. NO PURCHASE IS NECESSARY TO ACQUIRE A PID. (To obtain a free PID, see Rule #4 below). PROMOTION VOID IN MA, MI, PUERTO RICO AND WHEREVER PROHIBITED BY LAW. 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 Web masters/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 Promotion. Promotion subject to applicable federal, state, and local laws and regulations.
2. PROMOTION OVERVIEW: The Promotion consists of an Instant Win Game and a Sweepstakes. The First, Second, Third, Fourth, Fifth, Sixth, and Seventh level of prizes will be awarded via the Instant Win Game and the Grand level of prizes will be awarded in the Sweepstakes via random drawings. By submitting a Play (defined below) in the Instant Win Game, you are automatically entered into the Sweepstakes. See Rule #4 below for details.
3. PROMOTION PERIOD: Promotion begins at 12:00:00 p.m. (noon) Eastern Time (“ET”) on August 21, 2018 and ends at 11:59:59 a.m. ET on October 16, 2018 (“Promotion Period”). The Promotion Period is divided into eight (8) entry periods (each an “Entry Period”) as defined below. Sponsor’s computer is the official clock for this Promotion.
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4. HOW TO PARTICIPATE: In order to participate, you must have a PID (as described in Rule #1). If you do not have a PID, see “How to obtain a Free PID and update your PID contact information” below. Upon obtaining a PID, visit www.NewportPleasure.com (“Website”) during the Promotion Period and look for the Promotion link. Click on the indicated Promotion link and follow the online instructions to create and submit a video for a chance to win an Instant Win Prize (a “Play”). All entrants must have a valid email address.
During the Promotion 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) on or after a randomly selected time will win the indicated Instant Win Prize (subject to verification). If your screen displays a prize-winning message, you are a winner of the Instant Win Prize indicated (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. For each Play, you will receive one (1) entry into the Sweepstakes random drawing for a chance to win a Grand Prize corresponding to the Entry Period in which your Play was submitted, subject to prize limits described in Rule #6 below. See Rule #5 for random drawing details.
All Plays must be received and recorded during the Promotion Period. Limit one (1) Play per person/PID per day. A “day” is defined as the 24 hours between 12:00:00 a.m. ET (midnight) and 11:59:59 p.m. ET of the same day, except for the first day of the Promotion Period which begins at 12:00:00 p.m. ET (noon) and ends at 11:59:59 p.m. ET of the same day and the last day of the Promotion 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 PIDs or any other methods will void all of that person’s Plays (and corresponding entries into the random drawing). 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.
By submitting a Play, you grant to Sponsor a perpetual, worldwide, irrevocable, assignable, sub-licensable, royalty-free and fully paid-up license to your submission and agree that Sponsor may change, modify, edit, reproduce, post, publicly display, create derivative works from and distribute your submission in association with tobacco product advertising and in any and all media now known or hereafter devised without limitation and without notification, permission, or compensation to you.
How to obtain a Free PID and update your PID contact information: A valid PID issued by Sponsor and password will be required to participate in the Promotion. A PID 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 PID and password. Each entrant should take precautions to keep his/her PID and password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages or consequences you may suffer due to careless or unauthorized use of a PID and password. Entrants must only use one (1) PID and password and must only use the PID and password assigned to entrant by Sponsor. Should any entrant attempt to use more than one PID and/or password, or a PID and/or password that was not assigned to entrant, that entrant and their Plays (and corresponding entries into the random drawing) may be disqualified in Sponsor’s sole discretion.
5. SWEEPSTAKES – RANDOM DRAWINGS: One (1) Grand Prize winner will be selected for each Entry Period in a random drawing to be held on or about each Drawing Date stated in Rule #3 from among all eligible entries received for the corresponding Entry Period (each an “Entry Period Drawing”), for a total of eight (8) Grand Prize winners. Entries will not carry forward to subsequent Entry Period Drawings. You must separately enter at least once each Entry Period to be included in each Entry Period’s drawing. All Entry Period Drawings will be conducted by an independent organization, whose decisions are final and binding in all matters relating to this Promotion. Grand Prize winners will be notified by mail, email, and/or phone.
Sweepstakes Prizes – Awarded via random drawings.
“Ultimate Hollywood Getaway” Grand Prize (2 total; awarded for Entry Period 1 and Entry Period 5): Trip for winner and up to three (3) adult guest(s) to Hollywood, California within an $8,000.00 budget. Trip consists of round-trip coach class air transportation from a major U.S. gateway airport nearest winner’s residence to a major airport near Hollywood, California (both airports determined by Sponsor in its sole discretion); double-occupancy hotel accommodations for three (3) nights (one  or two  rooms depending on number of guests); car service to/from airport and hotel in California; and up to three (3) activities (as determined by Sponsor, in Sponsor’s sole discretion, pre-paid and pre-arranged through Sponsor’s travel agent based on winner’s choice of available activities at the time of travel). Activities might include one or more of the following: studio tours, concert tickets or access to a club (subject to availability). Any difference between the trip budget of $8,000.00 and the total costs of the airfare, hotel accommodations, car service, and activities for winner and guests will be paid to the winner as cash in the form of a check, provided, however, that such cash disbursement shall not exceed $4,000.00. If the total costs of the trip reach $8,000.00, then no cash disbursement will be made to winner. Approximate Retail Value (“ARV”): $8,000.00.
“Home Theater Package” Grand Prize (2 total; awarded for Entry Period 2 and Entry Period 6): The Home Theater Package shall consist of the following items within an $8,000.00 budget: one (1) 4K HD TV (size to be determined by winner and Sponsor); one (1) home theater sound system to consist of either a soundbar speaker system or speaker system, home audio receiver, and Blu-Ray disc player as separate components; two (2) home theater reclining chairs; one-year digital media subscriptions to up to three (3) different services (subject to terms and conditions as set by issuer); and one (1) popcorn machine, all within an $8,000.00 budget. Any difference between the actual cost of the Home Theater Package and the $8,000.00 budget will be paid to the winner as cash, in the form of a check, provided, however, that such cash disbursement shall not exceed $4,000.00. If the total costs of the Home Theater Package reach $8,000.00, then no cash disbursement will be made to winner. Winner is solely responsible for all costs of installation, as well as all costs associated with use and maintenance of the Home Theater Package. Winner is solely responsible for terminating the digital media subscriptions or paying for their continuation at the end of the one-year subscription. ARV: $8,000.00.
“Ultimate NYC Escape” Grand Prize (2 total; awarded for Entry Period 3 and Entry Period 7): Trip for winner and up to three (3) adult guest(s) to New York City, New York within an $8,000.00 budget. Trip consists of round-trip coach class air transportation from a major U.S. gateway airport nearest winner’s residence to major airport near New York City, New York (both airports determined by Sponsor in its sole discretion); double-occupancy hotel accommodations for three (3) nights (one  or two  rooms depending on number of guests); car service to/from airport and hotel in New York; and up to three (3) activities (as determined by Sponsor, in Sponsor’s sole discretion, pre-paid and pre-arranged through Sponsor’s travel agent based on winner’s choice of available activities at the time of travel). Activities might include one or more of the following: studio tours, concert tickets or access to a club (subject to availability). Any difference between the trip budget of $8,000.00 and the total costs of the airfare, hotel accommodations, car service, and activities for winner and guests will be paid to the winner as cash in the form of a check, provided, however, that such cash disbursement shall not exceed $4,000.00. If the total costs of the trip reach $8,000.00, then no cash disbursement will be made to winner. ARV: $8,000.00.
“Digital Makeover Package” Grand Prize (2 total; awarded for Entry Period 4 and Entry Period 8): The Digital Makeover Package shall consist of the following items, within an $8,000.00 budget: one (1) 12-15-inch laptop computer; one (1) 8-10-inch tablet computer; one (1) HD monitor or television; one (1) smart phone; one (1) smart watch; one (1) editing software program (to be selected by winner and Sponsor, within Sponsor’s sole discretion); one (1) camera; one (1) set of computer speakers; and one (1) pair of headphones. Any difference between the actual cost of the Digital Makeover Package and the $8,000.00 budget will be paid to the winner as cash in the form of a check, provided, however, that such cash disbursement shall not exceed $4,000.00. If the total costs of the Digital Makeover Package reach $8,000.00, then no cash disbursement will be made to winner. Winner is solely responsible for all costs of installation, as well as all costs associated with use and maintenance of the Digital Makeover Package, including all software applications, data plans, subscriptions, and other costs. ARV: $8,000.00.
Brands, styles, colors, sizes, and features of merchandise prizes shall be determined by Sponsor, in Sponsor’s sole discretion. Cash prizes will be awarded in the form of a check or wire transfer, made payable to the winner. Odds of winning a Grand Prize depend on the total number of eligible Plays received per Entry Period. No cash in lieu of prize or substitution of prize except as specifically outlined herein.
Applicable to all trip prizes: Guests must be age 21 or older at time of booking travel. Guests must execute and return liability/publicity releases prior to issuance of travel documents; all travel is at the risk of winner and guests. Winner must book travel through Sponsor or Sponsor’s agent at least 60 days in advance of travel date and must complete travel within one (1) year of being confirmed as an official winner, or else prize will be forfeited in its entirely with no substitution or compensation to winner. 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 any guest is ejected from a hotel or is otherwise penalized for failure to follow hotel policies. Winner and guest(s) are responsible for obtaining the proper travel documentation (e.g. valid government issued photo ID or valid passport and/or visa) prior to travel. Winner and guest(s) must travel on the same itinerary. Once travel guest(s) are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. If Grand Prize winner’s residence is located within 250 miles of the destination city, air transportation (from major airport near winner’s home) will not be provided for the winner and his/her guest(s). Sponsor may provide alternative ground transportation, in its sole discretion.
Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Certain travel restrictions may apply; flight times and travel dates at discretion of Sponsor. 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. Exact dates and arrangements for travel, hotel stays and available activities are subject to availability. Once scheduled, trip must be taken on dates and times arranged by Sponsor or prize will be forfeited in its entirety. Changes are not permitted after air ticket issue. Sponsor is not responsible for travel delays or cancellations. There shall be no compensation or prize substitution if winner or guests are unable to take scheduled trip by reason of illness, family emergency, personal events, terrorism, labor strikes, weather, 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 activities) 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. All specific suppliers (including but not limited to outlets, airlines, hotels, and transportation companies) are at discretion of Sponsor and subject to availability. If travel or legal restrictions or activity cancelation affects the ability for the winner and his/her guest(s) to redeem any portion of their prize, then the Sponsor shall have the right to substitute that prize portion in its sole discretion. If weather or force majeure events affect the ability for the winner and his/her guest(s) to redeem any portion of the prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest(s) other than to supply the remaining elements of the prize package.
All travel is at the risk of winner and guest(s). Any expenses, taxes or fees not outlined in the specific prize description are not included in the Grand Prize description as stated above and are solely winner’s responsibility (including but not limited to additional ground transportation, meals, gratuities, airline/luggage fees, incidentals, souvenirs, etc.). Lost, stolen or damaged airline tickets, or admission tickets will not be replaced or exchanged. All rules and regulations of the individual establishment(s) or as imposed by a prize provider or any other person(s) providing any prize-related services or accommodations must be adhered to. Additional prize details and travel information may be provided to the winner at the time of notification.
Instant Win Prizes – Awarded via the Instant Win Game.
* First Prizes (59): Samsung Tablet. ARV: $400.00 each. Winners are solely responsible for the costs associated with any data plan, applications, accessories, and other costs associated with use and maintenance of the tablet.
* Second Prizes (150): Samsung 360-Degree Camera. ARV: $230.00 each.
* Third Prizes (201): GoPro® HERO® CAMERA. ARV: $200.00 each.
* Fourth Prizes (250): VR Shinecon Headset. ARV: $50.00 each.
* Fifth Prizes (300): $50.00 Hulu Gift Card (subject to terms and conditions as set by issuer). ARV: $50.00 each.
* Sixth Prizes (400): $25.00 Visa® Pre-Paid Debit Card (subject to terms and conditions as set by issuer). ARV: $25.00 each.
* Seventh Prizes (400): $25.00 Fandango® Gift Card. Subject to Gift Card Terms available at https://www.fandango.com/policies/gift-card-terms. ARV: $25.00 each.
Brands, styles, colors, sizes, and features of merchandise prizes shall be determined by Sponsor, in Sponsor’s sole discretion. Odds of winning an Instant Win Prize depend on whether or not your eligible Play corresponds to a randomly preselected winning time during the Promotion Period.
Applicable to all Sweepstakes and Instant Win Prizes: Winner must accept prize as stated by Sponsor or prize will be forfeited. Winner may not substitute, assign or transfer any prize prior to award. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty guarantee, either expressed or implied by Sponsor. Total value of all prizes offered is $209,800.00.
Prize Limits: Limit one (1) Instant Win Prize per PID/address. Limit one (1) Grand Prize per PID/address. Unclaimed Instant Win Prizes will not be awarded. A winner of an Instant Win Prize may not win subsequent Instant Win Prizes, but is still eligible to win a Grand Prize and may continue to submit Plays in order to receive entries in the corresponding Entry Period Drawing for a chance to win a Grand Prize. A winner of a Grand Prize is not eligible to win a subsequent Grand Prize, but may still submit Plays for a chance to win an Instant Win Prize.
7. GENERAL CONDITIONS: By participating in the Promotion, (a) entrants agree that R.J. Reynolds Tobacco Company, 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 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. 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 Promotion should so indicate, unless and until the entrant’s eligibility and the potential winning Play have been verified. Screen shots or other evidence of winning will not be accepted in lieu of the validation process.
Grand Prizes (as applicable) and Instant Win Prizes will be shipped to winners at the mailing address associated with the winner’s PID within six (6) to twelve (12) weeks following winner verification.
Grand Prize winners shall be required to complete, sign and return an Affidavit of Eligibility and Liability Release and, where lawful, a Publicity Release within seven (7) days of notification in order to claim a prize. Grand Prize winners’ guests will be required to complete, sign and return a liability/publicity release prior to issuance of prize and/or travel documents. If a Grand Prize winner cannot be contacted, or if documents are not returned in a timely manner, or if any Grand Prize notification or Grand 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 Grand Prize will be forfeited and an alternate winner will be selected in accordance with these Official Rules. Forfeited Grand Prizes will be awarded by random drawing from among all remaining eligible Sweepstakes entries for the applicable Entry Period.
If an Instant Win Prize is returned as nondeliverable or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, the Instant Win Prize will be forfeited.
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. Grand Prize winners will each receive an IRS Form 1099 in the amount of $8,000.00, plus the value of any Instant Win Prize he/she may have won, if applicable, at the appropriate time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. LIABILITY LIMITATIONS: Sponsor, its agencies, Web masters/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 (ISP), Website or other connections availability, 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, 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 reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Promotion 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 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, for any reason, Promotion 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 Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Promotion 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 #6, Instant Win 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 PID 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, ITS PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS 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 recipient, 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 or any Abbreviated 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 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 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 prize winners, mail your name and address on a first-class, self-addressed stamped envelope to: Newport Fresh Take Studio Video Instant Win and Sweepstakes Winners List, 10 South 5th Street, 7th Floor, Dept. 924-750, Minneapolis, MN 55402 for receipt by November 12, 2018. 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.
The trademarks identifying any of the prizes are the property of their respective owners who are neither sponsors of, nor affiliated with, the Promotion in any way.
GoPro, HERO, and their respective logos are trademarks or registered trademarks of GoPro, Inc. GoPro is not a participant in or sponsor of this Promotion.
Visa and its member financial institutions are neither sponsors of nor affiliated with this promotion in any way. The Visa Gift Card is issued by MetaBank™ pursuant to a license from Visa U.S.A. Inc.