Winston Canyon Jump Instant Win Game
Full Official Rules
WINSTON CANYON JUMP INSTANT WIN GAME
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING
THE WINSTON CANYON JUMP INSTANT WIN GAME IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IF YOU ARE NOT ELIGIBLE AND NOT LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION.
- ELIGIBILITY: THE WINSTON CANYON JUMP INSTANT WIN GAME (THE "GAME") IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (EXCLUDINGRESIDENTS OF MASSACHUSETTS AND MICHIGAN) AND THE DISTRICT OF COLUMBIA WHO ARE SMOKERS 21 YEARS OF AGE OR OLDER AND REGISTERED MEMBERS OF WINSTONCIGARETTES.COM (THE "WEBSITE") IN GOOD STANDING AT TIME OF ENTRY ("ELIGIBLE PARTICIPANTS"). NO PURCHASE IS NECESSARY TO REGISTER ON THE WEBSITE. FOR INSTRUCTIONS ON HOW TO REGISTER, SEE SECTION 3 BELOW. Entry in the Game is subject to age verification. GAME VOID IN MASSACHUSETTS, MICHIGAN, PUERTO RICO AND WHERE PROHIBITED BY LAW. Game is subject to all applicable federal, state and local laws and regulations. Employees, officers, and directors [and their immediate families (spouses, parents, children, siblings, and their respective spouses) and those living in the same household] of ITG Brands, LLC ("Sponsor"), its parent and affiliated companies and its production and promotion agencies are not eligible. Eligible Participantsmust access the Website from anywhere in the fifty (50) United States or the District of Columbia, other than Massachusetts or Michigan, at the time they enter. Participation in the Game constitutes Eligible Participant's full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Game.
- PROMOTION PERIOD. The Game begins at (12:00:00 AM) Eastern Time ("EST") on January 4, 2019 and ends at midnight (11:59:59PM) EST on January 31, 2019 (the "Promotion Entry Period").
- ENTRY REQUIREMENTS: To be eligible to play the Game, you must be a registered member on the Website. To become a registered member on the Website, you may register for free by visiting the Website, selecting "First Time Here?," and following the registration directions, including providing your electronic signature which certifies that you are a smoker and 21 years of age or older. Certification statements are subject to verification and may be confirmed through a third-party data source. Entries submitted by participants that Sponsor is unable to age verify may be void.
- HOW TO ENTER: To access the Game, go to the Website during the Promotion Entry Period. Eligible Participants will be required to log in with their email address and password. After logging in to the website, access the game from the Home page or click the "Games/Sweepstakes" tab. To play the Game, click on the "Play Game" button ("Instant Win Play"). Click and drag the mouse on desktop or swipe on mobile to launch the motorcycle rider up the ramp or swipe up on a smartphone or tablet. An Eligible Participant is an Instant Winner (subject to verification) when the rider successfully lands on the opposite side of the canyon and the winning message "CONGRATULATIONS, YOU JUST WON $500 DOLLARS" appears. Non-winners will not see a winning message. If the rider does not successfully land on the opposite side of the canyon, you will receive one (1) more attempt. All Instant Win Playsmust be received during the Promotion Entry Period. LIMIT: One (1) Instant Win Play per Eligible Participant per day that includes up to two (2) opportunities to launch the rider. Sponsor's server is the official time-keeping device for this Game. For purposes of this Game, a "day" is defined as a twenty-four-hour time period beginning at midnight (12:00:00 AM) EST of a calendar day and ending at 11:59:59 PM EST on the same calendar day during the Promotion Entry Period. All entries must be received by midnight (11:59:59 PM) EST on January 31, 2019. Randomly selected times will be designated, and the first Eligible Participant who completes an Instant Win Play on or immediately after a randomly designated time will win an Instant Win Prize ("Prize"), subject to verification and the Prize limits set forth in Section 5 below. If your screen displays an Instant Winner message, you are a winner of a Prize, subject to verification and the Prize limits set forth in Section 5 below. If your screen does not display an Instant Winner message, you are NOT a winner of a Prize. If you choose to play the Game via a smartphone, iPad, or tablet (which is not necessary to play the Game), standard carrier-specific wireless rates and all applicable taxes apply depending upon the Eligible Participant's wireless pricing plan. Other carrier-specific rates and applicable taxes may also apply in accordance with Eligible Participant's wireless customer agreements. Internet service providers' and wireless carriers' rate plans may vary, and you should contact your service provider for more information on rate plans and other charges that may apply to your use of the service. If an Eligible Participant fails to execute an Instant Win Play on a given day for any reason, such Eligible Participant forfeits such Instant Win Play for that day. A given Eligible Participant's Instant Win Play for one (1) day cannot be saved or combined with such Eligible Participant's Instant Win Play for any other day, by a given Eligible Participant, is a separate and independent event. Different Eligible Participants cannot combine their Instant Win Plays in any way. Use of computer programs and other automatic means to submit an Instant Win Play more than once per day is prohibited. Any attempt by any person to submit more than one Instant Win Play per day using multiple/different registrations or any other methods will void all of that person's Instant Win Plays. Instant Win Plays that are incomplete, lost, late, misdirected, garbled, or improperly received for any reason, including by reason of hardware, software, browser or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, are not eligible. Regardless of what appears on the screen for Eligible Participants, the decisions of Sponsor and the Administrator as to whether a given Instant Win Play yields one (1) entry are final and binding in all respects.
- PRIZES AND THEIR APPROXIMATE RETAIL VALUE ("ARV") AND ODDS OF WINNING: Twenty-Eight (28) "Instant Win" Prizes: One (1) Instant Win prize winner per day will receive a$500.00 VISA® Gift Card OR a check made payable to the prize winner in the amount of $500.00; ARV: $500.00. TOTAL ARV OF PRIZES: $14,000.00. There will be one (1) daily prize winner per day throughout the Promotion Entry Period who will be the Eligible Participant who plays closest to a pre-determined time each day. Limit: One (1) Prize per Eligible Participant during the Promotion Entry Period. Subsequent Instant Win Plays by a prize winner of a Prize are not eligible to win another Prize during the Promotion Entry Period. Odds of winning depend on the time of day the Eligible Participant plays the Game each day. Prizes will be shipped within approximately two (2) to five (5) business days of winner verification. Prize winners are solely responsible for all federal, state and local taxes. Prizes are not transferable. No prize substitution. Sponsor reserves the right to substitute a Prize for one of equal or greater value if the designated prize should become unavailable for any reason. Terms and conditions associated with Gift Cards will apply. The trademarks associated with prizes are the property of their respective owners, who are NOT affiliated with this Game in any fashion whatsoever, and no endorsement is suggested or implied. Visa Entities have not offered or sponsored this Game in any way.
- GENERAL CONDITIONS: By participating in the Game, (a) Eligible Participants agree that Sponsor, its parent, affiliates, subsidiaries, production and promotion agencies, and all of their respective officers, directors, employees, representatives, and agents (collectively, the "Released Parties") are indemnified, released, and will be held harmless by Eligible Participants from any and all 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 any prize or Eligible Participant's participation in this Game or any Game-related activity; and (b) prize 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 prize winner's name, photograph, likeness, voice, image, statements, and biographical information at any time or times for advertising, trade, publicity and promotional purposes 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 potential prize winners are subject to ageverification and confirmation that they meet the eligibility criteria set forth in Section 1 above. Notwithstanding anything to the contrary in Section 4, an Eligible Participant is not a winner of any prize, even if a winning prize message or any other aspect of the Game should so indicate, unless and until the Eligible Participant's eligibility and the potential winning claim has been verified. Sponsor and Administrator will not accept screen shots or other evidence of winning in lieu of their validation process. If a potential prize winner cannot be contacted, or fails to provide any requested information within the required time period (if applicable), or if a prize-winning notification letter or prize is returned as undeliverable or if a potential prize winner is found to be ineligible or otherwise not in compliance with these Official Rules, that prize will be forfeited and at Sponsor's discretion, may be placed back into the Prize pool and assigned a new randomly preselected date and time for award, provided there is time remaining in the Promotion Entry Period. Sponsor reserves the right to award fewer than the stated number of prizes in the event it is unable to confirm winners for all the prizes within the Promotion Entry Period for any reason, in its sole discretion. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of Eligible Participants. By participating, Eligible Participants agree to be bound by the Official Rules and the decisions of Sponsor or Administrator, whose decisions in all matters relating to this Game are final and binding in all respects. All entries become the property of Sponsor and will not be acknowledged or returned.
- Liability Limitations: The Released Parties are not responsible for lost, late, stolen misdirected, or non-delivered Instant Win Plays, entries, or emails, 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 Instant Win Plays entries, or other information or the failure to capture or the loss of any such information. Released Parties are not responsible for any injury or damage to an Eligible Participant's or any other person's computer, smartphone, iPad, tablet, SMS or other wireless mobile device relating to or resulting from participating in this Game or downloading any materials in this Game. Released Parties 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, in its sole discretion, may prohibit inliiduals from participating in this Game and disqualify Instant Win Plays/entries if they (1) attempt to enter the Game through any means other than as described in these Official Rules, (2) attempt to disrupt the Game or Website or circumvent the terms and conditions of these Official Rules or the Website in any way or (3) repeatedly show a disregard for these Official Rules or Website terms or act (a) in an unsportsmanlike manner or (b) with an intent to annoy, abuse, threaten or harass any other Eligible Participant or Sponsor. Sponsor's failure to enforce any terms of these Official Rules shall not constitute a waiver of that provision. The Released Parties are not responsible for injury or damage to Eligible Participant's or any other person's computer related to or resulting from participating in this Game or downloading or copying materials from, or use of, the Website. If, for any reason, the Game is not capable of being conducted 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 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 the Game and randomly determine winners from eligible, non-suspect Instant Win Plays received prior to action being taken or as otherwise deemed fair and equitable by Sponsor. No more than the stated number of prizes will be awarded. If the number of awarded prizes equals the number of prizes offered, no additional prizes will be awarded or provided in connection with this Game. In the event more prize winner notifications are issued, or more winning claims are received, than the number of prizes set forth in Section 5 of these Official Rules due to computer, printing, seeding, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each Eligible Participant's sole and exclusive remedy under such circumstances. If a random drawing is required, it will be conducted by the Administrator who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be liable for more than the stated number of prizes stated in Section 5 of these Official Rules. Sponsor and the Released Parties reserve the right to correct typographic, clerical or printing errors in any Gamematerials (including, without limitation, these Official Rules and any Abbreviated Rules). Sponsor and the Released Parties are not responsible for any typographical or other errors in the printing of materials relating to this Game, the administration of the Game, or in any announcement relating to this Game, including such error as may give an erroneous indication that a prize has been won. 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. By accepting a prize, prize winners agree that the Released Parties have no liability and will be released and held harmless by prize winner for any damage, loss or liability to person or property, caused in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize, participation in this Game, or traveling to or from any prize-related activity. Prize winners may be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release (where legal) and submit a copy of his/her valid Government-Issued photo identification document within ten (10) business days after prize notification. Noncompliance may result in disqualification, and the prize may be awarded to an alternate prize winner. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ELIGIBLE PARTICIPANT'SACCESS TO AND USE OF THE GAME WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE 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. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THIS GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
- BINDING ARBITRATION: The decisions of the Sponsor and the Administrator are final on all matters relating to the Game including, without limitation, the construction, validity, interpretation and enforceability of these Official Rules. Any and all disputes, claims, and causes of action arising out of or in connection with 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, or illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN EACH INliIDUAL'S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS 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 ELIGIBLE PARTICIPANT 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 INliIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEY'S FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ELIGIBLE PARTICPANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ELIGIBLE PARTICPANT 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) ELIGIBLE PARTICIPANT AND PRIZE WINNERS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND EACH INliIDUAL 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 INliIDUAL.
- GOVERNING LAW & JURISDICTION. These Official Rules and the Game are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the printing, construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Eligible Participants and the Sponsor in connection with the Game, shall be governed by and construed in accordance with the laws of the state of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of North Carolina or any other jurisdiction 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 Section 8 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 Greensboro.
- USE OF INFORMATION: The information provided by Eligible Participants in connection with becoming a registered member of the Website may be used for Sponsor's internal purposes and to send information to Eligible Participants through mail or email about Sponsor's products. By registering on the Website, Eligible Participants agree to be added to the Sponsor's mailing distribution list. Eligible Participants may subsequently opt-out by calling toll-free 1-800-950-1888 or visiting the Website, clicking on the "Remove Me" link, and following the instructions under "How can I be removed from the Winston mailing list?" Please see the terms regarding Sponsor's use of personal information collected through the Website at Winstoncigarettes.com. If an Eligible Participant is selected as a winner, his or her information may also be included in a publicly-available winners' list.
- WINNERS' LIST: To obtain a winners' list, send a self-addressed, stamped envelope to be received by February 7, 2019 to: Winston Canyon Jump Winners' List, PO Box 8077-W Grand Rapids, MN 55745-8077. Do not send any other correspondence to this address. The winners' list will be mailed after all winners have been determined and verified.
SPONSOR: ITG BRANDS, LLC, 714 GREEN VALLEY ROAD, GREENSBORO NC 27408.
ADMINISTRATOR: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th Street, Grand Rapids, MN 55744.
© 2019 ITG Brands, LLC