Retail Official Rules
THE AURA CIGARETTES “FORTUNE FAVORS THE BOLD” RETAIL GIVEAWAY
- NO PURCHASE NECESSARY. A purchase will not increase your chance of winning.
- ANY DISPUTES WILL RESOLVED BY BINDING INDIVIDUAL ARBITRATION; THERE WILL BE NO CLASS RELIEF OR JURY TRIALS.
Important: Please read these Official Rules before entering this Giveaway. By participating in this Giveaway, you agree to be bound by these Official Rules.
1. SPONSOR: The “Sponsor” is Cheyenne International, LLC (“Cheyenne”), 701 S. Battleground Avenue, Grover, NC 28073.
2. ELIGIBILITY: The Aura Cigarettes “Fortune Favors the Bold” Retail Giveaway (the “Giveaway”) is open only to Retail Store Personnel who are legal residents located in one (1) of the fifty (50) United States or the District of Columbia, excluding residents of California, Massachusetts, Michigan and Virginia, and who are at least twenty-one (21) years of age or older. Employees of Sponsor, and its parent, affiliates, subsidiaries, advertising and promotion agencies, distributors and other prize suppliers, directors, officers, and each of their immediate family members and/or those living in the same household of each are not eligible to enter the Giveaway or win. Void where prohibited by law. For avoidance of doubt, this Giveaway is not open to the general public.
3. ENTRY PERIOD: The Giveaway begins at 9:00 a.m. ET on March 1, 2023 and ends at 11:59 p.m. ET on June 1, 2023 (the “Entry Period”).
4. HOW TO ENTER: To enter the Giveaway, you must complete the form available via a link provided to you via email by Cheyenne International during the Entry Period. Follow the instructions available on the form and click on the “Submit” button to submit, and you will receive one (1) entry into the Giveaway (“Entry”).
No Entries will be accepted that do not follow Promotion Website instructions. All Entries must be received within the Entry Period. An entry is “received” when the servers record the entry. Entries must comply with these Official Rules or be disqualified from the Giveaway at Sponsor’s sole and absolute discretion. It is your responsibility to provide accurate contact information to Sponsor. Limit of one (1) during each Entry Period. Sponsor may run multiple campaigns, contests, Giveaway or other promotions simultaneously. Entry into one (1) promotion does not constitute entry into any other.
5. ALTERNATIVE METHOD OF ENTRY: You may also enter the Giveaway by emailing Sponsor at email@example.com during the Entry Period, including the name of the Giveaway for which you are entering, the Email Address associated with your Aura Cigarette member account, First Name, Last Name, Home Address (no P.O. Boxes), and Phone Number (including area code) (collectively, “Entry Information”). One (1) Entry per person. Entries that are not in compliance with the Official Rules may be disqualified at Sponsor’s discretion. An emailed entry is “received” when the Sponsor’s servers record the entry information.
6. WINNER SELECTION, NOTIFICATION AND PRIZE CLAIMING: One (1) potential “Winner” will be selected through a random drawing on or about June 8, 2023 from all eligible Entries received in accordance with these Official Rules. Sponsor has complete discretion over interpretation of the Official Rules and administration of the Giveaway. Sponsor’s selection of winners will be final. Potential Winner will be notified by e-mail by June 15, 2023. Notification is deemed to have occurred immediately upon sending of a notification message via e-mail. If a potential Winner fails to respond within five (5) days of notification, Sponsor may select another potential Winner.
The potential Winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (the “Prize Acceptance Release”), and return same within the time period specified at notification before being eligible to receive his or her prize. A potential Winner who provides a P.O. Box may be required to provide an alternative address. Sponsor reserves the right to conduct background checks on each potential Winner as a condition of receiving the Prize (defined below). Sponsor may disqualify a potential Winner if Sponsor determines that the potential Winner is ineligible under the Official Rules or that he or she might present a security risk or otherwise reflect negatively on Sponsor. In such case, the potential Winner will not receive the Prize and Sponsor will have no further obligation to the potential Winner.
7. ODDS: Odds of winning will depend upon the total number of eligible Entries received.
8. PRIZES AND VALUES: Sponsor will award one (1) Winner one (1) prize: one (1) $500 Visa® Gift Card (“Prize”). The Prize has an approximate retail value (“ARV”) of $500.00.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole discretion. Prize details not specified in these Official Rules will be determined solely by Sponsor and are subject to change. If Prize is unavailable, Sponsor, in its sole discretion, may pay Winner the ARV of the Prize, or award an alternate prize of comparable or greater value. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND SPONSOR SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES.
Winner is solely responsible for all taxes, and for any other fees associated with the prize(s). ARV of prize is based on available information and may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security or tax identification number before the Prize will be awarded. An IRS Form 1099 may be issued in the name of Winner for the actual value of the prize received. Unclaimed prizes will be forfeited.
10. PUBLICITY RELEASE: Except where prohibited, by participating, you grant Sponsor permission to use your name, username, social networking ID, photograph, voice, any other likeness, or comments for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.
11. INTELLECTUAL PROPERTY: The Official Rules, the Promotion Website, and related content and code are the property of the Sponsor or authorized third parties. You may not copy those materials, including associated trademarks or any other intellectual property without the express written consent of Sponsor.
12. RELEASE: By participating in the Giveaway, you agree to release Sponsor, its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from any claims, actions, liabilities, costs, expenses, losses, damages or injuries of any kind related to your participation in the Giveaway or any use or misuse of any Prize you may receive as part of the Giveaway (collectively, “Released Claims”). You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Giveaway (including Prizes); (B) and will not be liable for any injury that may be caused by the wrongful act of any other entity, including Promotion Website users, and by any cause whatsoever beyond the control of the Released Parties. You understand that you may later discover Released Claims or facts that may be different from or in addition to those that you now know or believe to exist, and which, if known, may have materially affected your decision to grant the release contained in this Section 12. Nevertheless, you intend to fully, finally, and forever release all Released Claims that now exist, may exist, or previously existed, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, and the release you give herein is and will remain in effect as a complete release. You hereby waive any right or Released Claims that might arise as a result of such different or additional Released Claims or facts.
13. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent/warrant that you have the capacity to agree to these Official Rules, have read and will follow them. You agree to indemnify and hold the Released Parties harmless from any third party claims arising out of or related to your participation in the Giveaway.
14. SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Giveaway by any event or cause beyond its control, e.g., events of nature, interference by humans or entities unrelated to Sponsor, acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Giveaway. If the Giveaway is terminated, the Sponsor may select the potential Winner from all eligible Entries received prior to termination.
15. TAMPERING: Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Giveaway and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.
16. GOVERNING LAW / LIMITATION OF LIABILITY: All issues concerning the Giveaway and these Official Rules shall be governed by North Carolina law, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.
BY ENTERING THE GIVEAWAY, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS BY YOU RELATED TO YOUR PARTICIPATION IN THIS GIVEAWAY OR ANY USE OR MISUSE OF ANY PRIZE, WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
17. MANDATORY ARBITRATION / NO CLASS RELIEF: To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE GIVEAWAY SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
18. NAME OF WINNER / OFFICIAL RULES REQUESTS: To receive the names of the Winner, send a stamped self-addressed envelope to: “Giveaway Winners List,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director). Please indicate which Giveaway Winners List you are requesting (i.e., the name of the Giveaway). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Giveaway Official Rules,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director) prior to the end of the Entry Period. Please indicate which Giveaway Official Rules you are requesting (i.e., the name of the Giveaway). Vermont residents may omit return postage with Official Rules requests.
//End of Official Rules//