SWI-DE, LLC
Freestyle Live Retail Trade Partner Promotion
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. THIS PROMOTION IS NOT SPONSORED BY, ENDORSED BY, ADMINISTERED BY OR OTHERWISE ASSOCIATED OR AFFILIATED WITH FACEBOOK.
1. Timing: The “Freestyle Live Retail Trade Partner Promotion” (“Promotion”) begins on January 17, 2024, at 12:01 a.m. Eastern Time (“ET”), and ends on February 26, 2024, at 11:59 p.m. ET (the “Promotion Period”). SWI-DE, LLC’s (“Sponsor”) computer is the official time-keeping device for the Promotion.
2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States (including the District of Columbia; excluding Massachusetts, Michigan, and Virginia) who are at least twenty-one (21) years old at the time of entry and who are retail trade partners of Sponsor. The Promotion is NOT open to individual consumers or to customers of Sponsor’s trade partner retail locations. Employees of Sponsor, its parent, subsidiaries, advertising and promotion agencies and each of their respective officers, directors and employees, and any of its affiliate companies, as well as the immediate family (spouse, parents, in-laws, siblings, and children) and household members of each such employee are not eligible. Void where prohibited by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. Participation in the Promotion constitutes participant’s full and unconditional agreement to these Official Rules and by the Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. How to Enter: There are two (2) ways to enter:
a. Entry with Purchase. During the Promotion Period, make a purchase* of one (1) or more Freestyle Live Event Kit(s) (each containing ten (10) units of Freestyle Live Event Packs) from Sponsor (“Qualifying Purchase”). For a Qualifying Purchase, you will receive one (1) entry into the Promotion. *No Purchase Necessary. See below for how to enter without making a purchase.
b. Entry by Mail. To enter by mail during the Promotion Period, send a 3×5 piece of paper along with the name and address of your trade partner retail/wholesale location and email address to “Freestyle Live Retail Trade Partner Promotion”, 11000 NW 29th Street, Doral, Florida 33172 (“Mail-In Entry”). Participants may submit an unlimited number of Mail-In Entries, but each Mail-In Entry must be individually handwritten and separately postmarked. Mail-In Entries must be postmarked by March 1, 2024, and received by March 14, 2024. You will receive one (1) entry into the Promotion for each complete mail-in entry.
For All Entries: Limit: One (1) entry per trade partner account, regardless of the method of entry. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that participant’s entries and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of participant and voiding of all of participant’s entries. In the event of a dispute as to any email address, the authorized account holder of the email address used to register for such email address will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.
4. How to Win: On or about March 5, 2024, Sponsor will randomly select one (1) potential First Prize winner, one (1) potential Second Prize winner and one (1) potential Third Prize winner from among all eligible entries received during the Promotion Period. Drawings will take place at the Sponsor’s address as set forth herein. The winners need not be present. The potential winners will be notified by email on or about the date of the drawing. The drawings may be broadcast and potential winners announced during a Facebook Live Video event at www.facebook.com/drewestatecigar. Except where prohibited, each potential winner may be required to sign and return to the Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release, in order to claim his/her prize. If a potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period or prize is returned as undeliverable, potential winner forfeits prize, and an alternate participant will be selected in his/her place at random from among all remaining eligible entries received during the Promotion Period. Prize will be fulfilled 4-6 weeks after winner confirmation.
5. Prizes:
a. ONE (1) FIRST PRIZE: One (1) First Prize winner will receive a credit of five thousand dollars ($5,000) on the winning trade partner’s account with Sponsor to be used to purchase Drew Estate products from Sponsor. The approximate retail value (“ARV”) of the First Prize is $5,000.
b. ONE (1) SECOND PRIZE: One (1) Second Prize winner will receive a credit of two thousand five hundred dollars ($2,500) on the winning trade partner’s account with Sponsor to be used to purchase Drew Estate products from Sponsor. ARV of Second Prize: $2,500.
c. ONE (1) THIRD PRIZE: One (1) Third Prize winner will receive a credit of one thousand dollars ($1,000) on the winning trade partner’s account with Sponsor to be used to purchase Drew Estate products from Sponsor. ARV of Third Prize: $1,000.
FOR ALL PRIZES: Total ARV of All Prizes: $8,500. Winner must comply with all terms and conditions of these Official Rules in order to claim a prize. No cash or other substitution, assignment or transfer of any prizes permitted, except as herein set forth or by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
6. Publicity: By entering the Promotion and/or accepting prizes, each entrant grants to Sponsor (and its licensees and partners) a non-exclusive, worldwide, royalty-free, perpetual license to edit, publish, promote, republish at any time in the future, and otherwise use entrant’s name, likeness, biographical information, submission and any other information or materials provided by entrant, in any and all media now known or hereinafter devised, without territorial restriction (except where prohibited by law), for possible editorial, publicity, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). All submissions, including submission file and content, if applicable, will become the property of Sponsor, and may be used by Sponsor for commercial purposes without payment of any kind to the participating entrants. Each entrant agrees to irrevocably and unconditionally transfer and assign to Sponsor all rights to all information submitted during the Promotion, and agrees to execute and deliver such documents, certificates, assignments and other writings, and take such other actions as may be necessary or desirable to vest in Sponsor the ownership rights granted to Sponsor hereunder.
7. General Conditions: Sponsor is not responsible for problems with the submissions, including, but not limited to, lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel 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. In such event, Sponsor shall select the winner(s) from the eligible entries received prior to the modification, suspension or cancellation. Sponsor agrees to take such action in a fair and appropriate manner. In addition, Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other participant’s submission or undermine the legitimate operation of the Promotion is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Release and Limitation of Liability: BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, AND ANY PROMOTIONAL PARTNERS, OF EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE PROMOTION OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Promotion; (2) unauthorized human intervention in any part of the entry process or the Promotion; (3) technical or human error which may occur in the administration of the Promotion or the processing of Promotion submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion or receipt or use of any prize or while traveling to or from any prize-related activity. Each winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Promotion including but not limited to quality, condition or fitness for a particular purpose. If for any reason a participant’s submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, participant’s sole remedy is another submission and thereby another entry into the Promotion. No more than the stated number of prizes will be awarded.
9. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the State of Florida, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida, U.S.A.
10. Sponsor: SWI-DE, LLC, 11000 NW 29th Street, Doral, Florida 33172.
11. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s standard privacy practices.
12. Winners’ List: For each winner’s name, send a self-addressed, stamped envelope, along with a request to “Freestyle Live Retail Trade Partner Promotion”, 11000 NW 29th Street, Doral, Florida 33172. Requests must be received by May 31, 2024.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Information is being provided to Sponsor, not Facebook.
