NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN MASSACHUSETTS, MICHIGAN, AND WHERE PROHIBITED BY LAW.
BY ENTERING THE PROMOTION, ENTRANT AGREES TO THESE OFFICIAL RULES.
1. ELIGIBILITY: PROMOTION IS OPEN TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND WASHINGTON D.C. (EXCLUDING MASSACHUSETTS, MICHIGAN, AND U.S. TERRITORIES), WHO ARE TOBACCO CONSUMERS 21 YEARS OF AGE OR OLDER AT THE TIME OF PARTICIPATION, AND WHO HAVE A VALID REGISTERED USERNAME (“USERNAME”) AND PASSWORD (“PASSWORD”) AT KODIAKSPIRIT.COM (“WEBSITE”) PROVIDED BY SPONSOR. NO PURCHASE IS NECESSARY TO ACQUIRE A USERNAME AND PASSWORD. Employees, contractors, officers, and directors (and their immediate families [spouse, children, parents, siblings, and their respective spouses] and those living in their same households) of American Snuff Company (“Sponsor”), its parent, affiliates, subsidiaries, advertising and promotion agencies, Web masters/suppliers, vendors and contractors involved in the administration, development, fulfillment and execution of this Promotion (collectively, “Promotion Parties”) are not eligible. By participating, Entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all matters relating to this Promotion. Promotion is subject to applicable federal, state, and local laws and regulations.
2. PROMOTION PERIOD: Promotion begins at 5:59:59 p.m. Eastern Time (“ET”) on September 29, 2022 and ends at 11:59:59 p.m. ET on October 1, 2022 (“Promotion Period”). Sponsor's computer is the official clock for this Promotion.
3. HOW TO ENTER: Participants must be 21 years of age or older to enter. To participate, you must have a valid Username and Password from Sponsor (as described in Rule #1), have an account on Instagram, and follow Sponsor’s @spiritofkodiak Instagram page. If you do not have a Username, see “How to obtain a free Username and update your Username contact information” below. If you do not have an account on Instagram, you can join Instagram for free at https://www.instagram.com/.
There will be a Promotion post on the @spiritofkodiak Instagram page located at https://www.instagram.com/spiritofkodiak/ during the Promotion Period. The Promotion Post will ask an Entrant to “Comment your favorite tailgate tradition.” You must write and post a comment in response to the selected Promotion Post during the Promotion Period in order to enter the Promotion. The comment must comply with Instagram’s stated limits or restrictions on comments and Sponsor’s Content Submission Guidelines (as described in Rule 5 below). Entrants are limited to one (1) entry per entrant.
By commenting on the Promotion Post, Entrant hereby acknowledges and agrees that that Sponsor may contact Entrant via social media by sending a DM on Instagram to Entrant or by sending an e-mail to Entrant at his or her Username. Entrant also hereby acknowledges and agrees that Sponsor may tag Entrant, post to Entrant’s social media page, or name Entrant or Entrant’s social media handle on Sponsor’s social media pages. Entrants must adjust their Instagram account settings to allow for receipt of messages from Sponsor. For this purpose, entrants must set their Instagram account settings to ‘Public', and take any further necessary steps to ensure receipt of any communication from Sponsor. It is entrant’s sole responsibility to take any steps necessary to adjust their Instagram account settings to permit entrant to receive messages from Sponsor. Any Entrant's failure or inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such entrant to comply with these rules, and any such entrant shall be disqualified from the random drawing. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants. By entering this Sweepstakes, each entrant (or their parent/legal guardian if entrant is deemed a minor in the state of their residence) agrees that the Sponsor may contact the entrant by Direct Message via entrant’s Instagram or email accounts provided upon registration, to administer and fulfill this Sweepstakes.
How to obtain a free Username and update your Username contact information: A valid Username issued by Sponsor and Password will be required to participate in the Promotion. A Username and Password can be obtained for free at the Website, by clicking on “Sign in or register” on the Website. No responsibility is assumed for failure to contact an Entrant due to that Entrant’s failure to maintain or update his or her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. Entrant is responsible for the security of his or her Username and Password. Entrant should take precautions to keep his or her Username and Password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages, or consequences one may suffer due to careless or unauthorized use of a Username or Password. Entrants must use only one (1) Username and Password and must use the Username and Password assigned to Entrant by Sponsor. Should any Entrant attempt to use more than one Username and/or Password, or a Username and/or Password that was not assigned to Entrant, that Entrant will be disqualified in Sponsor’s sole discretion. In the event of a dispute about the identity of an Entrant, comments will be determined to be made by the authorized account holder of the e-mail address associated with Entrant’s Username. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, Online Service Provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4. HOW WINNERS ARE SELECTED: On or about October 1, ten (10) entrants will be selected at random by Sponsor as prize winners (“Winners”).
The Winners will be notified by Instagram Direct Message (“DM”) within five (5) business days of the Promotion end date. Winners are subject to age verification and confirmation that they meet the eligibility criteria set forth in these Rules.
If a potential winner cannot be contacted or if documents are not returned within five (5) business days, or 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 will be forfeited and awarded to another Entrant, at the Sponsor’s sole discretion, time permitting.
Verification of Potential Winners: ALL POTENTIAL PRIZE WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED.
5. SPONSOR’S CONTENT SUBMISSION GUIDELINES: Entrant’s post comments must comply with the following Content Submission Guidelines to be selected as a Winner. Sponsor may also delete comments if they are violation of any of the following:
· NO profanity, defamatory, libelous, offensive, abusive, discriminatory, or demeaning content (including images, videos, and links)
· NO images or videos of individuals actively using any tobacco product
· NO disparaging or threatening comments condoning violence or illegal behavior
· NO health-related or tobacco cessation-related comments
· NO financial, confidential, proprietary, sensitive, legal, regulatory, or non- public information
· No images containing copyrighted or trademarked materials
· NO promotional or advertising related, including selling products and services
· NO spam
· NO content that is repetitive and/or disruptive to the community
· NO personally identifiable information about Entrant or any other individual
Ten (10) prize winners will receive a Tailgate Package (Portable smoker and premium cooler (retail value $417.52). The total retail value of prizes to be awarded is $4,175.20.
Limit one (1) prize per person, per household, regardless of Instagram handle. Prizes will be awarded within two (2) to four (4) weeks of winner verification.
General Prize Conditions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the individual prize winner. Selection of prize items, size, and color will be at Sponsor’s sole discretion. Prizes will not be replaced if they are lost, stolen or expire prior to use by winner. Prizes are awarded "as is" with no warranty or guarantee, either expressed or implied, by Sponsor. Use of any prize is at the prize winner’s risk. Neither Sponsor nor the Promotion Parties make any representations or warranties whatsoever regarding the prizes offered in the Promotion.
Winner must accept prize as stated by Sponsor, or prize may be forfeited. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. Winner may not substitute, assign or transfer a prize or redeem a prize for cash. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion.
7. GENERAL CONDITIONS: By participating in the Promotion, (a) Entrants agree that Sponsor, Promotion Parties and Instagram, and all of their respective officers, directors, employees, representatives and agents, and Instagram, Inc. are indemnified, released and will be held harmless by Entrants from any and all liability, for: (a) any claims relating to the disclosure of Entrants’ comment or comments on the Promotion Post or any contents contained in the comment or comments on the Promotion Post; (b) 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 the prize(s) awarded in this Promotion or his or her participation in this Promotion or any Promotion-related activity; and (c) winners grant (and agree to confirm such grant in writing promptly upon request) to Promotion Parties and those acting under their authority the right to the use of his or 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.
If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Promotion and to terminate, modify or suspend the Promotion. In such event, Sponsor reserves the right to conduct the Promotion, confirm Finalists, and award the prizes in a manner which is fair, appropriate, and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination, modification, and/or suspension of Promotion will be posted on the Website. Promotion Parties are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, submitted entries, or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer or mobile equipment, software, failure of any e-mail or electronic submitted answer to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any person's computer or mobile device related to or resulting from participation in or downloading any materials from this Promotion. Promotion Parties are not responsible for any lost, late, misdirected, misdelivered, mutilated, or garbled mail, e-mail, votes, or other communications.
Any Promotion materials including, without limitation, the offer, any abbreviated form of these Official 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 Entrant, by participating, releases Sponsor, its parent, subsidiaries, advertising and promotion agencies, the Kodiak Brand Social Team 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 form of the Official Rules and these Official Rules shall be resolved in favor of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any change of e-mail 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. The prize winners will receive an IRS Form 1099 in the amount of their prize ARV, at the appropriate time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA PAGE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website or social media page associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion cannot be run as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes according to the criteria set forth above from among the eligible, non-suspect entries received up to the time of the impairment.
8. LIABILITY LIMITATIONS: By participating in this Promotion, Entrants agree that Sponsor, Instagram, Inc., Promotion Parties, and their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes to winners determined in accordance with the above criteria from among all legitimate, un-awarded, eligible prize claims.
The Released Parties are not responsible for lost, late, stolen, misdirected, non-delivered e-mails, mail, or other communications, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, 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 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.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZES, ENTRY OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE WEBSITE AND INTERNET SITE WWW.INSTAGRAM.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, OR TERRORISM.
IN NO EVENT WILL SPONSOR OR PROMOTION PARTIES 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 INSTAGRAM OR THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SAID SITES 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.
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 winner(s), mail your name and address on a first-class, self-addressed stamped envelope to: 401 N. Main Street WS NC 27101, Attn: Social Media Team for receipt by August 7, 2022. Do not send any other correspondence to this address. Winners’ Lists will be mailed after all winners have been determined and verified.
11. SPONSOR: American Snuff Company, LLC, 5106 Tradeport Drive, Memphis, TN 38141
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram®. You understand that you are providing your information to Sponsor and not to Instagram®. Any questions, comments or complaints regarding this Promotion shall be directed to Sponsor and not to Instagram®.