GRIZZLY KWIK TRIP 2024 FISHING TRIP CONTEST

CONTEST OFFICIAL RULES

 

1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

2. ELIGIBILITY: The Grizzly Kwik Trip 2024 Fishing Trip Contest (referred to herein as the “Contest” or the “Fishing Trip”) is open only to: i) legal residents of the United States and the District of Columbia who are tobacco consumers age 21 or older at time of entry and who are registered users of both Kwik Rewards and mygrizzly.com. Employees of American Snuff Company, LLC (the “Sponsor”) and its subsidiaries, affiliates, and their immediate families and persons living in the same households are not eligible to enter or win. Contest governed by U.S. law. Void in Massachusetts, Michigan, U.S. territories and possessions, and where prohibited by law. Contest is subject to all applicable federal, state, and local laws and regulations. The Contest is intended for entry in the United States only.  Do not enter if you are not located in the United States. 

 

By participating in this Contest, the entrant represents and warrants that they are experienced at fishing and in good physical condition, appropriate to conduct such activity, and that they have no physical or other condition that may be aggravated or exacerbated by the physical activity necessitated by participating in the Fishing Trip. Winners may be required to provide additional information or documentation to prove Contest eligibility, including without limitation, proof of identity, age, fishing license eligibility, and U.S. residency. 

 

3. THE CONTEST ENTRY PERIOD: Contest begins at noon (12:00:00 pm) Eastern Time (“ET”) on October 29, 2024, and ends at 11:59:59 am ET on December 10, 2024 (the “Contest Entry Period”). The Contest Entry Period consists of two (2) rounds of competition. Round 1 begins on October 29, 2024 (12:00:00 pm EST) and ends on December 3, 2024 (11:59:59 am ET) and will require eligible contestants to correctly answer multiple choice questions about fishing in order to advance to Round 2. Any contestant who advances to Round 2 will be required to submit a video by December 10, 2024 (11:59:59 am ET). Additional details regarding entry are provided in “How To Enter” section below.

 

4. HOW TO ENTER: You must be a registered user of both Kwik Rewards and mygrizzly.com to enter the Contest. If you are not a mygrizzly.com registered user, you can register for free by visiting mygrizzly.com and following the instructions. If you are not a Kwik Rewards registered user, you can register for free by visiting kwikrewards.com or by downloading the free Kwik Rewards app in the Apple App Store or Google Play Store. Your Kwik Rewards and com accounts must both be in good standing in order to be eligible for the Contest.

 

To enter the Contest, click/tap on the Contest link in the Kwik Rewards app, at kwikrewards.com, or in an email from Sponsor, and follow the onscreen instructions to be taken to the Contest landing page at mygrizzly.com  

 

Round 1. Once you access the Contest page, answer the ten (10) multiple choice questions related to fishing (“Round 1”). There is only one correct answer to each multiple-choice question. You will not have the ability to correct any incorrect answers after you click “Next”. You must answer all multiple-choice questions correctly in order to proceed to Round 2 of the Contest. You are only allowed to take the quiz once for the entire Contest period. You may not return to the quit on a subsequent day to take the quiz again. All quiz submissions must be made by 11:59:59 am ET on December 3, 2024.  

 

Round 2.  After successfully answering all Round 1 questions correctly, you will advance to Round 2 of the Contest and will have an opportunity to submit a video entry for an opportunity to win (“Round 2”). If you are not ready to submit your video after successfully completing Round 1, you may return to the Contest page at a later time to submit your video. All videos must be submitted by 11:59:59 am ET on December 10, 2024. If you are ready to submit your video, click “Submit” and follow the onscreen instructions about submitting your one (1) minute or less original video explaining “Why you want to go Tarpon fishing in Florida.”  Once your video is uploaded, click or tap “Enter” to submit your video. If your video exceeds one (1) minute in length, only the first 60 seconds will be judged. Video must be submitted in .mov or mp4 format and no more than 200MB file size. Your video will not be posted, shared, or used for any other purpose. If you have any issues uploading your video, please call 1-866-843-0636. 

 

Your “Entry” in the Contest is complete when you have correctly answered ten (10) questions and when you have submitted your video for judging. Once you tap or click the “Enter” button to submit your video, you will not be able to make any further changes to your Entry. Both rounds must be completed in order to be eligible to win the Grand Prize. Receipt of an Entry occurs when Sponsor records the Entry information resulting from a contestant clicking the “Enter” button. Limit one (1) Entry per registered mygrizzly.com and Kwik Rewards adult tobacco consumer. Use of automated processes and devices to submit entries are not permitted. Any attempt by any individual to submit more than one (1) Entry by using multiple names or accounts or any other methods will void all of such individual’s Entries. Contest Entities are not responsible for any changes or effects caused to contestant’s computer system as a result of submitting the Entry. All Entries become Sponsor’s property and will not be returned or acknowledged. In the event of a dispute over the identity of an online contestant, or ownership of or rights to the Entry, the disputed Entry may or will be disqualified in the sole discretion of the Sponsor. Entries that, in Sponsor’s sole discretion, do not comply with these Official Rules and the Entry Requirements stated in Section 5 will be ineligible, and Sponsor reserves all other rights to disqualify Entries as set forth herein.   

 

5. ENTRY REQUIREMENTS: ENTRIES MUST COMPLY WITH THE FOLLOWING REQUIREMENTS TO BE ELIGIBLE.  THE SPONSOR SHALL DETERMINE WHETHER EACH ENTRY CONFORMS TO THESE ENTRY REQUIREMENTS IN ITS SOLE AND ABSOLUTE DISCRETION.

• Entry must only feature the contestant. Do not submit videos that contain other people; 

• Entry must be the 100% original creation of the contestant; 

• Entry must be in English; common foreign words or phrases may be acceptable; 

• Entry must be responsive to the theme/topic at hand; 

• Entry must be unpublished and cannot have been submitted or used for any other commercial or public purpose; 

• Entry cannot be offensive, inappropriate, vulgar, indecent, profane, obscene, hateful, harassing, threatening, misrepresenting, impersonating, defaming or disparaging against any individual or group of individuals, living or dead, of a certain race, ethnicity, gender, religion, age, or sexual orientation; 

• Entry cannot reference illegal drug use, illegal firearms/weapons, or any other unlawful, dangerous, or unsafe activities; 

• Entry cannot advertise/promote any brand/product of any kind or any particular political agenda/message/candidate/party; 

• Entry cannot contain or solicit any personal identification such as full names, telephone numbers, or email addresses; 

• Entry must not use any property or rights belonging to a third party or otherwise infringe upon or violate any rights of any third party, including but not limited to, intellectual property rights such as patents, copyrights, trade name/trademark/logo, and/or rights of privacy or publicity or portrayal in a false light or any other rights of any person or entity; 

• Entry cannot contain content that is health or youth-oriented, as determined by Sponsor in its sole discretion; 

• Entry cannot depict or identify a minor and cannot itself be in violation of any law; and 

• Entry cannot communicate messages or images inconsistent with those that the Sponsor wishes to be associated with. 

 

Each Entry must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the contestant and/or which are subject to the rights of third parties, the contestant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any contestant at any time.  

 

By entering, you warrant and represent that your Entry fully conforms to the stated requirements. You agree to indemnify and hold harmless the Contest Entities from any claims to the contrary. Any Entry that violates the above Entry requirements (all as solely determined by Sponsor) will be deemed ineligible.   

 

By submitting an Entry, you grant Contest Entities and any organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Contest, the perpetual, fully-paid, irrevocable, non-exclusive license to publish (in whole or in part), post, edit, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast,  digitize, otherwise use, and permit others to use and perform throughout the world the Entry in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, advertising or promotion of Contest Entities, their products and trademarked brands, and Contest, all without further consent from or payment to you. By submitting your Entry, you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion, and that the posting or publication of an Entry does not guarantee the Entry will be selected as a winner (all winners will be determined as stated in Section 6 below.) There is no prize awarded or compensation for the possible publication or posting of a contestant’s name and/or Entry. Sponsor reserves the right to, and may or may not, monitor/screen Entries prior to posting them to the Website.  

 

Contest Entities are not responsible for any unauthorized third-party use of any Entry or part of an Entry. Entries will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of its affiliates.  

 

By submitting an Entry, EACH contestant warrants and represents THAT s/he ACKNOWLEDGES AND consents to The submission and use of HIS OR HER Entry in the Contest and to its posting (including contestant’s name) on the mygrizzly.com Website. 

 

Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor reserves the right in its sole discretion to disqualify any contestant that it believes either posted the questions and answers or used another individual or organizations posts about the questions and answers in order to pass the quiz or craft their response to the video essay question. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. Furthermore, the Sponsor reserves the right to award fewer than the stated number of prizes, including the option not to award any prize, if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified Entries or it does not receive a completed Affidavit of Eligibility and Liability and a Publicity Release from a notified winner within the specified deadline.   

 

By submitting an Entry, each contestant acknowledges and agrees that Sponsor may receive many Entries in this Contest and that such other Entries may be similar or identical in theme, idea, format or other respects to contestant’s Entry and contestant waives any and all claims contestant may have had, may have, and/or may have in the future that any composition/entry and/or ideas accepted, reviewed and/or used by the Sponsor, its affiliates, or their respective officers, directors, employees and agents may be similar to or the same as his/her Entry. 

 

6. JUDGING: All eligible Entries will be judged by a panel of judges consisting of personnel from the Sponsor and its agency (the “judging panel”) after December 10, 2024 to determine the top scoring four (4) Entries. All judging of the videos will be based on the following judging criteria: (a) differentiation from other Entries (originality, unique approach, or point of view) (50%); and (b) clarity of communication in the Entry (cohesive story) (50%). Obvious use of a published statement on the subject of “fishing” will result on a lower score with respect to the “differentiation” criteria.  The decisions of the judging panel are final and binding.

 

Ties: In the event of a tie, the Entry from among the tied Entries with the highest score for differentiation will win. In the event of further ties, the judging panel will make the final determination as to which Entry will win a prize.  

 

7. PRIZES: Four (4) Grand Prizes will be awarded for the Fishing Trip. Each Grand Prize winner will receive a fishing trip to Islamorada, Florida from April 4, 2025 through April 7, 2025 (fishing days April 5-6, 2025) Approximate Retail Value (“ARV”) of each Grand Prize: $12,269.25.00. Total ARV of all Grand Prizes: $49,077. Limit one Grand Prize per person/household per Contest. 

 

Each trip is solely for winner and consists of: (a) round trip coach class air transportation to Miami International Airport with regularly scheduled commercial flights close to winner’s primary residence (as determined by Sponsor, in its sole discretion). Sponsor reserves the right to provide a $500.00 travel allowance in the form of a check in lieu of air travel if winner lives within a 200 mile radius of Miami, Florida; (b) round trip ground transportation between airport and lodge, if applicable; (c) 4-day and 3-night accommodations at Cheeca Lodge in Islamorada, Florida  (room tax included; but room service, meals other than specified herein, telephone calls, Wi-Fi, tips or other incidental costs and expenses are not included); (d) catered meals during the stay in Islamorada [breakfast/lunch/dinner]; (f) 2 days of guided fishing; (e) a $300.00 travel allowance for incidentals; and (g) $3,044.25 in the form of a check (to help offset some of the tax liability incurred from the trip). Sponsor will provide a fishing license. Expenses and incidentals not mentioned herein as being paid by Sponsor are the winner’s sole responsibility, including but not limited to tips; meals, snacks, and beverages (outside of or in addition to the catered meals provided by Sponsor); souvenirs; local and long-distance telephone calls; Wi-Fi, laundry; insurance; ground transportation between winner’s home and the airport; airport parking; baggage fees; medical fees and other personal expenses associated with the fishing trip. Actual value of the trip prize depends on location of winner, fares, and prices at time of booking. If actual value of trip is lower than the stated ARV, the difference will not be awarded. Winner must travel on the dates specified by Sponsor, or the prize will be forfeited without compensation. Specific house policies at the Lodge must be adhered to at all times. Sponsor is not responsible if winner is ejected from the Lodge or is otherwise penalized for failure to follow Lodge policies or the policies of any parties who perform services for the purposes of the prize. 

 

Travel arrangements must be made through Sponsor’s authorized agent. Government issued documentation is required for travel. Winner is responsible for obtaining the proper travel documentation (for example, valid government issued photo ID, etc.) prior to travel. Once trip is booked, no changes or cancellations will be accepted. No extensions or exceptions shall apply or be available. If, for any reason whatsoever, the winner cannot participate in the trip after all travel arrangements are made and paid for, then the prize will be forfeited in its entirety and Sponsor shall have no further obligation to the winner. 

 

No substitutions of prize permitted. The prize is non-transferable, non-refundable, and non-assignable, and must be accepted as awarded, “AS IS”, with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor may be liable. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, or other transportation companies, or any other persons providing any of these services and accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage, personal belongings, or persons. 

 

8. WINNER VERIFICATION: 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 the prize until the entrant’s eligibility and the potential winning Entry have been verified, in the sole discretion of the Sponsor. Winners 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. Winner must also participate in a remote video conference with Sponsor (to be completed by Zoom or other remote video platform) for additional verification. In order for Sponsor to obtain a fishing license on winner’s behalf, he/she will be required to provide your full name, address, phone number, date of birth, driver’s license State and number, as part of the Affidavit. If documents are not returned in a timely manner, if any prize notification or prize is returned as non-deliverable or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited and another winner may be selected (time permitting), in accordance with these Official Rules. 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 prize, if any, are solely the responsibility of each winner. The winners will receive an IRS Form 1099 in the amount of their prize at the appropriate time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

  

9. WINNER NOTIFICATION: All potential Grand Prize winners will be notified on or about February 3, 2025, and will be required to complete and return an Affidavit of Eligibility, Liability Waiver and a Publicity Release (“Affidavit”), including but not limited to providing proof of identity, by February 15, 2025. In order to obtain a fishing license on your behalf, you will be required to provide your full name, address, phone number, date of birth, social security number, height, weight, eye color, and hair color as part of the Affidavit. If an Affidavit or prize notification is returned as undeliverable, or if an Affidavit is not fully completed and returned within the date specified on notification, or if a winner is otherwise found to be ineligible, or if a winner cannot accept or receive the prize for any reason, it will result in disqualification and the contestant with the next highest score will be notified, time permitting. The Sponsor or Administrator reserves the right to modify the notification procedures to an alternative winner, if any. Sponsor and Administrator assume no responsibility for failure to contact a contestant due to the contestant’s failure to maintain or update his/her contact information on the Website. Contact information may be updated by following the instructions on the Website. The Sponsor reserves the right to substitute the Grand Prize with another prize of comparable or greater value. Each Grand Prize winner will be required to provide the Administrator with the winner’s Social Security number as a condition of receiving the prize so that appropriate reports may be filed with the appropriate tax Each Grand Prize winner will receive an IRS Form 1099 reflecting the cost of the prize (not to exceed $12,269.25) at the appropriate time. All federal, state, and local taxes are the sole responsibility of each winner.

 

Additional Conditions of Prize Acceptance: By accepting a prize, winner may be required to participate in one (1) or more promotional activities, such as interviews, videos, and photographs during the Fishing Trip for use by the Sponsor and entrants grant Sponsor an unconditional right to use any and all content featuring their likeness (“Trip Content”). Winner will not receive any compensation for participation in such promotional activities or Sponsor’s use of any Trip Content.  

 

Sponsor may require that potential winners submit to a confidential background check to confirm eligibility and help ensure that the use of their Entry or Trip Content in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest as determined by Sponsor, in its sole discretion. If requested for purposes of a background check, the potential winner must agree to sign waiver forms authorizing the release of personal and background information. The background check will include, but is not limited, to the review of a potential winner’s social media accounts. Sponsor reserves the right to disqualify a potential winner based on the results of his/her background check, or for any reason at all, in Sponsor’s sole discretion. 

 

10. GENERAL CONDITIONS: By entering, you (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest; and (iii) release, hold harmless, and indemnify the Sponsor and its affiliated companies, the Administrator and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each, from all claims, losses, damages, and liability arising directly or indirectly or relating to your acceptance, use and/or misuse of a prize, and participation in the Contest. Entry and acceptance of a prize (if determined a winner) constitute permission to use each winner’s name, prize won, hometown, photographs/videos and likeness for online posting and promotional purposes without further compensation or notification, except in Tennessee or where prohibited by law. 

 

By participating in this Contest, you acknowledge and agree that your personal information supplied to Sponsor may be used by Sponsor for internal marketing analyses and to provide you with future tobacco product promotional offers and tobacco-related information. Information provided by you will be treated consistent with Sponsor’s privacy policy, which is located at https://www.mygrizzly.com/footer-links/privacy-policy.html.   

 

If you would prefer not to receive future mail or email communications from Sponsor, you may subsequently opt-out by calling 866-843-0636, or writing your name and address (and email address if previously provided to Sponsor) on a postcard and mailing to: Mail Manager-Remove, P.O. Box 834049, Richardson, TX 75083-4049. You may also log on to www.mygrizzly.com and make changes within your profile regarding the receipt of mail and email from Sponsor.  By opting-out, residual information may nonetheless remain in our database and other records, which may not be permanently deleted. 

 

11. GRANT AND ASSIGNMENT OF RIGHTS/WORK FOR HIRE ACKNOWLEDGEMENT

 

Grant of Rights by Entrants: By submitting an Entry and being selected as a winner, entrant grants Sponsor a perpetual, worldwide, irrevocable, assignable, sublicensable, royalty-free and fully paid-up license to the Entry and Expedition Content and Sponsor and its designees may exploit, edit, modify, post, use and distribute the Entry and Expedition Content and all elements of such Entry and Expedition Content in any and all tobacco packaging and/or advertising and in any and all media now known or hereafter devised, without limitation and without compensation, permission or notification to any entrant or any third party.  

 

Assignment of Rights by Winners: By accepting a prize and the consideration related thereto, winners acknowledge and agree that (i) any and all results and proceeds of all services furnished by winners hereunder (including, without limitation, the Entry, Expedition Content and any other work based on or derived therefrom), and all other materials of every kind whatsoever created by winner at any time if relating to the Contest (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor; (ii) Sponsor is the “author” of the Work for all purposes, including without limitation the copyright laws of the United States; and (iii) Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, including all so-called “moral rights of authors” and “droit moral” rights and any similar or analogous rights under the applicable laws of any country of the world. Winners also waive all so-called “moral rights of authors” and “droit moral” rights (and any similar or analogous rights under the applicable laws of any country of the world). Further, in consideration of the prizes awarded to winners by Sponsor, and without limiting the binding effect of any of the foregoing provisions, in the event that any of the Work is not deemed to be a “work made for hire” for Sponsor, winners hereby irrevocably and exclusively grant and assign to Sponsor (or, if any applicable law prohibits or restricts such assignment, winners shall grant to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) all right, title, interest and ownership in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights, neighboring rights, trademarks, patents and any and all other ownership and exploitation rights in the Work therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in tobacco packaging and in any and all media, whether now known or hereafter devised.  

 

Sponsor’s rights in and to the Work shall include, without limitation, the right to exploit the Work (or not) by any and all means now known or hereafter devised throughout the universe in perpetuity, including, without limitation, the right to alter, modify, edit, adapt, composite, morph, scan, duplicate, merchandise, use and cut the Work). Sponsor shall be free to exploit, license, sell and/or assign any or all of its rights in the Work at any time and from time to time, in whole or in part, to any person or entity, without permission from, or notice or compensation to, winners or any third party. In furtherance of and without limiting the foregoing, all revenues, if any, derived by Sponsor or its designees from the use, exhibition, publication, distribution, merchandising, transmission, licensing, display, selling or other exploitation of the Work shall be the sole and exclusive property of Sponsor and winner shall have no interest in or to any such revenues.  

 

At the request of Sponsor, winners shall execute and deliver to Sponsor such assignments or other instruments as Sponsor may deem reasonably necessary to establish, protect, enforce and/or defend any or all of Sponsor’s rights in the Work. If a winner fails to so execute and deliver any such instrument within Sponsor’s designated timeframe, Sponsor shall have the right to do so in winner’s name, place and stead, and Sponsor is hereby irrevocably appointed as winner’s attorney-in-fact for such purposes, which power is coupled with an interest.  

 

12. ADDITIONAL LIMITATION OF LIABILITY: Sponsor is not responsible for: (i) lost, late, misdirected, non-delivered, damaged or illegible entries, e-mails, or other communications; or (ii) error caused by human and/or technological issue, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof; or (iii) any injury or damage to contestant’s or any other person’s computer or mobile device related to or resulting from participating in the Contest. The Sponsor reserves the right to: (i) permanently disqualify from any promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw or cancel the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest) and to determine winners from among all eligible entries received prior to withdrawal and/or cancellation, or as otherwise deemed fair and equitable by Sponsor. In no event will Sponsor be liable for more than the number of prizes stated in Section 7 of these Official Rules.  Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Failure to comply with these Official Rules may result in disqualification from the Contest.

 

IN NO EVENT WILL SPONSOR, ITS PARENT AND AFFILIATES, THEIR ADVERTISING OR PROMOTIONAL AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM OR PRINTING MATERIAL FROM THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.    

  

ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A CONTESTANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. 

 

Any Contest materials, including without limitation the offer, abbreviated rules, these Official Rules, advertising and promotional materials and announcement of winners that contain production, printing, or typographical errors or are obtained outside authorized, legitimate channels are automatically void, and the liability of Sponsor, if any, is limited to the replacement of such materials.  By participating in the Contest, you release Sponsor and its affiliates from any losses, claims or damages that may result therefrom.   

 

By entering, you agree that Sponsor, its affiliates, and contest administrators and their employees, agents, and affiliates are not responsible for any injury or illness which may be incurred as a result of, during, or arising out of the Contest or Fishing Trip, including but not limited to any bodily injury or illness resulting from firearm discharge, respiratory illness (including COVID-19), or death.  

 

13. BINDING ARBRITRATION:  Any controversy or claim arising out of or relating to the Contest 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 the 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 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 THE CONTESTANT’S INDIVIDUAL 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 CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN SPONSOR’S CONTEST, EACH CONTESTANT 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 CONTEST, 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 ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY CONTESTANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND CONTESTANT 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) CONTESTANT AND PRIZE WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND CONTESTANT 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 CONTESTANT.   

 

14. GOVERNING LAW.  The Contest Official Rules and the Contest 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, and enforceability of the Contest Official Rules, or the rights and obligations of contestant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of North Carolina without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 13 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.  

 

15. WINNERS LIST: For a winners’ list (available after April 1, 2025), send a stamped, self-addressed envelope for receipt by March 1, 2025 to: American Snuff Company, LLC, 1105 SE 8th, Grand Rapids, MN 55744.  Allow six to eight weeks after for processing requests.

 

16. SPONSOR: American Snuff Company, LLC, 4583 Guthrie Highway, Clarksville, TN 27040.