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, TWITTER, OR INSTAGRAM.
- Timing: The #RiseFromTheSwamp Promotion (“Promotion”) begins on May 3, 2017, at 3:00 p.m. Eastern Time (“ET”) and ends on May 10, 2017, at 11:59 p.m. (the “Promotion Period”). SWI-DE, LLC’s (“Sponsor”) computer is the official time-keeping device for the Promotion.
- Eligibility: The Promotion is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least twenty-one (21) years old at the time of entry. Employees of Sponsor, its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, 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.
- How to Enter:During the Promotion Period, take a photograph of one (1) or more of the following types of Sponsor’s cigars: Kentucky Fire Cured Cigar, Kentucky Fire Cured Swamp Thang, or Swamp Rate (“Submission”). Post your Submission to one (1) of the social media platforms listed below with the hashtags #RiseFromTheSwamp and #DESwampThangSweeps (“Required Hashtags”).
Social Media Submission Requirements:
- Facebook. Visit http://facebook.com and log into or create a Facebook account using your valid email address that you select to use for your Facebook account. Creating an account is free, but the use of Facebook is governed by its terms of service (available at https://www.facebook.com/legal/terms). Then, post your Submission on your personal Facebook wall along with the Required Hashtags. Your account settings must be set to “unprotected” and/or “public” in order for your Facebook posts to be viewable by Sponsor and its agents. Posting a photo or text on Facebook from your mobile device may incur message and data rates. Please consult your wireless service provider regarding its pricing plans.
- Twitter. Log in to or create your Twitter account. Creating a Twitter account is free but is subject to its terms and conditions (https://twitter.com/tos). Then, tweet your Submission along with the Required Hashtags. Your account settings must be set to “unprotected” and/or “public” in order for your Tweets to be viewable by Sponsor and its agents. If you post updates to or receive updates from www.twitter.com from your mobile device you may incur message and data rates. Please consult your wireless service provider regarding its pricing plans.
- Instagram. Log in to or create your Instagram account. Creating an Instagram account is free but is subject to Instagram’s terms (http://instagram.com/about/legal/terms/#). Then, post your Submission to your Instagram account along with the Required Hashtags. In order for your entry to be valid, your Instagram profile must be public and in order to be viewable by the Sponsor and its agents. If you do not have the Instagram App, you may download it through the application store on your mobile device. Posting a photo on Instagram requires a mobile device and message and data rates may apply. Please consult your wireless service provider regarding its pricing plans.
All Submissions must comply with the Submission Guidelines below set forth. Any Submission that does not comply with these guidelines will not be eligible to win a prize in the Promotion and the submitting entrant may be disqualified from the Promotion at the discretion of Sponsor. No notice or opportunity to correct a Submission will be given. All decisions about the eligibility of any particular Submission will be made at Sponsor’s sole discretion, and are final and binding in all respects.
The Submission must:
- Be in a format acceptable to the applicable social media channel;
- Contain the Required Hashtags; and
- Be in English, if text is included.
The Submission must not:
- Have been submitted previously in a promotion of any kind;
- Contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- Disparage Sponsor or any person or party affiliated with the Promotion and administration of this Promotion;
- Feature (other than incidental use) brand names or trademarks other than those owned by Sponsor;
- Contain text or imagery that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- Contain text or imagery that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contain the image of any minor without the explicit permission of his/her legal guardian; or
- Contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where submission is created.
Once you complete these steps, you will automatically receive one (1) entry into Promotion. Limit: One (1) entry per person, regardless of the method of entry. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different Facebook/Twitter/Instagram accounts, 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 Facebook/Twitter/Instagram account or email address, the authorized account holder of the email address used to register at Facebook.com, Twitter.com, Instagram.com or 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.
- Winner Selection and Notification: On or around May 11, 2017, Sponsor will randomly select one (1) potential Grand Prize winner from among all eligible entries received during the Promotion Period. Drawing will take place at Sponsor’s headquarters as set forth below. Winner need not be present. Potential winner will be notified by Sponsor’s comment or post to the potential winner’s social media account through which entry was made on or about May 11, 2017. Except where prohibited, each potential winner (or his/her parent/legal guardian if participant is a minor in his/her state of residence) 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 winner has not reached the age of majority in his/her state of residence, then the prize will be awarded in the name of his/her parent or legal guardian. If the 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 8-10 weeks after winner confirmation.
- Prize: ONE (1) GRAND PRIZE: One (1) Grand Prize winner will receive one (1) ticket to the Kentucky Barnsmoker on September 30, 2017, at Robert Gray’s Farm, 1595 John Rives Spur, Hopkinsville, KY 42240. Approximate Retail Value (“ARV”) of Grand Prize is $90. All expenses and travel costs, including but not limited to, airfare, ground transportation, personal hotel charges for goods and services consumed/used, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, security fees, taxes or other expenses are the responsibility solely of winner. No cash or other substitution, assignment or transfer of any prizes permitted, except 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. Prize winner may be required to provide Sponsor with his/her social security number and may receive a 1099 IRS tax form at year end for the retail value of the prize. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning depend on the number of eligible entries received during the Promotion Period. Limit: One (1) prize per person. Winner must comply with all terms and conditions of these Official Rules in order to claim a prize. Prizes consist only of those items specifically listed as part of the prize – any item, feature, cost or expense not specifically listed as part of the prize is the sole responsibility of the winner.
- 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.
- 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, and 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.
- Release and Limitation of Liability: BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INC., 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.
- 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.
- Sponsor: SWI-DE, LLC, 12415 SW 136th Ave Suite 7 Miami, FL 33186.
- Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s standard privacy practices.
- Winners’ List: For each winner’s name, send a self-addressed, stamped envelope, along with a request to #RiseFromTheSwamp Promotion, Attn: Joe Gro, Digital Marketing Manager, SWI-DE, LLC, 12415 SW 136th Ave Suite 7 Miami, FL 33186. Requests must be received by July 1, 2017.
This Promotion is in no way sponsored, endorsed or administered by, or associated with,
Facebook, Twitter, or Instagram. Information is being provided to Sponsor, not Facebook, Twitter, or Instagram.