JR Cigar Holiday Sweepstakes Official Rules
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
2. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
3. Eligibility: The JRCigars Holiday Sweepstakes (referred to herein as the “Sweepstakes”) is open to legal residents of, and physically residing within, the United States and the District of Columbia (excluding residents of Massachusetts and Michigan) age 21 or older as of the date of entry. Employees of Administrator (defined below), JRCigars.com, Inc. (the “Sponsor”), its subsidiaries, affiliates, advertising and promotion agencies involved in this Sweepstakes, and their immediate families and persons living in the same households of each (collectively, the “Sweepstakes Entities”), are not eligible to enter or win. Sweepstakes is governed by U.S. law. Void in Massachusetts and Michigan, U.S. territories and possessions, and where prohibited by law.
4. Sweepstakes Entry Period and random drawings: Sweepstakes begins at 12:00 am Eastern Time (“ET”) on 11/13/23 and ends at 11:59 pm ET on 12/16/23 (“Sweepstakes Entry Period”). This Sweepstakes consists of 33 Daily Prize random drawings and one Grand Prize random drawing. One Daily Prize will be awarded each day from 11/13/23 through 12/15/23. To qualify for a Daily Prize drawing: entries must be received between 12:00 am ET and 11:59 pm ET on a calendar day for a given Daily Prize entry period. Daily Prize winner will be selected at random on a subsequent business day no later than one week following the end of each Daily Prize entry period. Entries received during a given daily entry period will not be entered into subsequent Daily Prize drawings but will automatically be entered into the Grand Prize drawing. All eligible entries received during the Sweepstakes Entry Period will be included in the Grand Prize random drawing. Grand Prize random drawing will be conducted on or about 12/19/23.
5. How to enter: There are two (2) methods of entry during the Sweepstakes Entry Period:
Method #1: Visit http://jrcigars.com/sweepstakes and follow all online entry instructions to complete and submit the entry form. Limit one (1) online entry per person per day.
Method #2: Enroll or opt-in to receive emails and/or electronic newsletters from JR Cigar at www.jrcigars.com. You will receive one (1) entry in a given daily entry period when you sign up to receive the newsletters. Limit one (1) newsletter entry per person during the Sweepstakes Entry Period.
Online entry and newsletter entry will be referred hereafter as “Entry.” Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deceiving or using other unfair playing practices. Use of any automated system to participate is prohibited and will result in disqualification. Multiple entrants are not permitted to use the same email address. If the Sponsor suspects that an entrant attempted to obtain more Entries than the limit stated above by using multiple accounts/identities or any other method, all Entries submitted by the entrant will be declared null and void, and the entrant may be disqualified from participation in the Sweepstakes at the Sponsor’s sole discretion. The Sponsor is not responsible for error, 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, wireless, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or via mobile phone transmission or any combination thereof. If you enter using a mobile device, standard data rates may apply from your carrier. In the event of a dispute, entry deemed made by authorized account holder of email address at time of entry or the disputed entry may be disqualified, determined in the sole discretion of the Sponsor. All Entries become Sponsor’s property and will not be acknowledged.
6. CONSUMER DISCLOSURES: No purchase necessary to enter or win. You have not yet won. Ends: 12/16/23. Thirty-three (33) Daily Prizes and one (1) Grand Prize will be awarded. Each Daily Prize winner will receive $200 cash. The Grand Prize winner will receive $2,024 cash plus a Montecristo leather duffle bag (approximate retail value “ARV”: $350), total Grand Prize ARV: $2,374. Total ARV of all prizes: $8,974. Odds of winning depend on the total eligible Entries received per random drawing. Sponsor: JRCigars.com, Inc., 2589 Eric Lane, Burlington, NC 27215.
Cash prizes will be awarded in the form of a corporate check. Limit one (1) Daily Prize per household. No prize substitution allowed. The prize is non-transferable, non-refundable and non-assignable. Prize images depicted in advertising and promotional materials are for illustrative purposes only.
7. Winner notification & verification: All random drawings will be conducted by the Administrator whose decisions are final and binding. Daily Prize Winners will be notified via U.S.P.S. First Class mail and/or email at the address provided at time of submission. The Sponsor and Administrator are not responsible for any returned undeliverable prize notification or prize. The Grand Prize potential winner will be notified via email and required to complete and return an Affidavit of Eligibility and Liability and a Publicity Release (“Affidavit”) within seven (7) days of date specified on notification. If a notification is returned as undeliverable, or if the Affidavit is not returned within the date specified on the notification, or if a potential prize winner is otherwise found to be ineligible or cannot accept/receive the prize for any reason, that potential winner will be disqualified and an alternate potential winner will be notified. The Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Attempts will be made to contact and/or verify up to at least five (5) alternate Grand Prize winner. After five (5) attempts to verify a winner for the unfulfilled Grand Prize fails, the prize may not be awarded at Sponsor’s sole discretion. Any attempts by winner to circumvent eligibility requirements to improperly claim a prize are actionable to the full extent permitted by law. Each Grand Prize winner will be required to furnish his/her/their Social Security number to the Administrator as a condition of receiving a prize, and an Internal Revenue Service 1099-Misc Form will be filed in the name of winner for the prize value awarded. All federal, state and local taxes are the sole responsibility of each winner.
8. 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 Sweepstakes; and (iii) release, hold harmless, and indemnify the Sweepstakes Entities and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each, from all claims, losses, injury, damages, and liability arising directly or indirectly or relating to your participation, acceptance, possession, use and/or misuse of prize. Acceptance of a prize constitutes permission (except where prohibited by law) for Sponsor to use each winner’s name, hometown, likeness, prize won, voice, video, photo and comments about winning for purposes of advertising, promotion and publicity (in any and all media including online) worldwide, in perpetuity, without additional permission, compensation or notification. You agree not to issue any publicity concerning Sweepstakes Entities without permission of same.
YOU FURTHER AGREE 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 SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, 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) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT 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 NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
9. Privacy policy: By participating in this Sweepstakes, 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 product promotional offers. Information provided by you will be treated consistent with Sponsor's privacy policy, which is located at https://www.jrcigars.com/privacy-policy.html. The Administrator will also have access to your personal information for purposes of administering this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly available winners list.
10. Limitation of liability/Arbitration: 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, modify, suspend or cancel the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes) and to select the corresponding winner(s) from among all eligible Entries received prior to withdrawal or cancellation, or as otherwise deemed fair and equitable by Sponsor or Administrator. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper or vandalize this website or interfere with the operation of the Sweepstakes 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. Sponsor does not warrant that access to the Sweepstakes will be uninterrupted and is not responsible for its inability to implement the Sweepstakes or award the prizes as contemplated herein due to any “force majeure” event beyond its control, including delays or interruptions caused by acts of God, acts of war, natural disasters, pandemic, epidemic, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, order of any court or regulator.
Entrants waive all rights to trial in any action or proceeding instituted in connection with the Sweepstakes. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled on an individual basis by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in the State of New York.
By participating in this Sweepstakes, each entrant expressively waives and relinquishes all rights and benefits afforded by California Civil Code 1542 and does so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTIES.
11. Winner’s list: For winners’ names (available after 1/31/24), send a stamped, self-addressed envelope for receipt by 1/31/24 to the Administrator at: JRCigars Holiday Sweepstakes Winners 2023, Ref: WG, Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.
12. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sweepstakes Entities’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sweepstakes Entities have sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook, Instagram, YouTube, LinkedIn or X/Twitter. By participating in this Sweepstakes, entrants agree to release Facebook, Instagram, YouTube, LinkedIn and X/Twitter, from all claims and liability related to this Sweepstakes.