“Indian Motorcycle Cigars” Giveaway (“Sweepstakes”)

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  Purchasing a product will not increase your chances of winning.  

 

1.     SWEEPSTAKES DATES:  The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on April 5, 2018 and ends at 11:59 p.m. ET on June 29, 2018 (the “Sweepstakes Period”). For purposes of these Official Rules, all times are given in Eastern Time.  

 

2.      ELIGIBILITY:  Open to legal US residents of the fifty (50) United States and the District of Columbia (excluding residents of Massachusetts and Michigan) who are at least twenty-one (21) years of age or older and existing smokers as of the date of entry (the “Entrant”).  Employees, officers and directors of Famous Smoke Shop-PA, Inc. (the “Sponsor”), Debonaire Tobacco Company, SWI-DE, LLC d/b/a Drew Estate, Indian Motorcycle International, LLC and each of their subsidiaries and affiliates, distributors, vendors, advertising/promotion agencies, and any others engaged in the development, production, execution or distribution of the Sweepstakes, including, but not limited to, National Sweepstakes Company, LLC (the “Independent Administrator”), and the entities supplying the Grand Prize (collectively referred to herein as “Sweepstakes Entities”) as well as their immediate family members (spouses, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors are not eligible to participate.  All federal, state and local laws and regulations apply. Sweepstakes is void in Massachusetts, Michigan, US territories and possessions located outside of the fifty (50) United States and the District of Columbia and wherever else prohibited or restricted by law.

 

3.    TO ENTER:  There are two (2) ways to enter this Sweepstakes:

 

A.    VIA A PURCHASE: Purchase a qualifying 20 count box (“Box”) or 5 single cigars (“5 ct.”) of any brand of Indian Motorcycle cigar (“Cigars”) to enter the Sweepstakes. Entrant will automatically receive ten (10) entries for each Box of Cigars purchased from Famous Smoke Shop.  Entrant will automatically receive one (1) entry for 5 single Cigars purchased from Famous Smoke Shop in a single purchase (single cigars purchased in separate purchases are not eligible to receive an entry into the Sweepstakes).  For example, if an Entrant purchases one (1) Box of Cigars and a 5ct. of Cigars, the Entrant will automatically receive eleven (11) entries into the Sweepstakes. 

 

Visit www.famous-smoke.com (the “Website”) or a Famous Smoke Shop retail location during the Sweepstakes Period to purchase the Cigars. Entrant will need to provide all of the required information as requested in order to submit and complete a purchase. Upon completion of the purchase, Entrant will automatically receive the applicable number of entries into the Sweepstakes for each Box or 5 ct. of Cigars purchased during the Sweepstakes Period.  Neither Sponsor nor Independent Administrator is responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise.

 

B.    ALTERNATE METHOD OF ENTRY (“AMOE”):  To receive an entry into the Sweepstakes without making a purchase, Entrant may enter as follows: on a plain 3” x 5” card, legibly handprint or type your first name, last name, complete address, city, state, zip code, telephone number (including area code), date of birth, and e-mail address (if available) to: “Indian Motorcycle Cigars” PO Box 10310 Rochester, NY 14610. Entries must be postmarked by June 29, 2018 and received by July 9, 2018. Each envelope is considered twenty (20) entries into the Sweepstakes. Multiple entries submitted by a single Entrant or in the same envelope are void.  Entries submitted or completed by anyone other than the Entrant are void.  No mechanical reproductions will be accepted. All entries submitted become the sole property of Sponsor and will not be returned.  Sweepstakes Entities are not responsible for lost, late, misdirected, illegible, postage due or damaged mailed entries.

 

Regardless of the method of entry, there is a limit of 2,400 entries per Entrant during the Sweepstakes Period. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entries and that Entrant may be disqualified from the Sweepstakes.  Entry information becomes property of Sponsor and will not be returned.  Sponsor and/or Independent Administrator will not verify receipt of entries for Entrants. 

 

4.      WINNING/ODDS: There will be one (1) random drawing held on or about July 12, 2018 in which one (1) grand prize winner (“Grand Prize Winner”) will be selected from among all eligible entries received during the Sweepstakes Period.  Odds of winning the grand prize (the “Grand Prize”) will depend upon the total number of eligible entries received during the Sweepstakes Period. The random drawing will be conducted by the Independent Administrator, whose decisions are based upon its sole discretion and interpretation of these Official Rules, and are final and binding in all respects. 

 

5. NOTIFICATION: Potential Grand Prize Winner will be notified via e-mail within two (2) business days of the date in which the potential Grand Prize Winner is selected. In order to claim his/her Grand Prize, the potential Grand Prize Winner must respond to the e-mail notification within the time frame indicated by providing the Required Documents (as defined in the “PRIZE CLAIMS” section below). In the event that: (a) the potential Grand Prize Winner fails to respond to the e-mail notification; (b) the potential Grand Prize Winner fails to supply the Required Documents; (c) any e-mail notification is returned as undeliverable; and/or (d) it is determined by the Sponsor, in its sole discretion, that the potential Grand Prize Winner is not eligible in accordance with these Official Rules, such potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received during the Sweepstakes Period. 

 

6.    PRIZE:  One (1) Grand Prize Winner will be awarded a 2018 Indian® Scout® motorcycle, having a Manufacturer Suggested Retail Price (the “MSRP”) of approximately $9,999 (Color, Options and Accessories to be determined at the sole discretion of the Sponsor) and a $2,500 check (the “Grand Prize”). Grand Prize Winner must have and provide a valid U.S. Driver’s License and provide proof of existing Motorcycle Insurance Coverage (Comprehensive or Liability) at time of delivery. Grand Prize Winner will be awarded $2,500 in the form of a check that he/she may choose to use towards the applicable registration, license, title, taxes, and insurance fees. Grand Prize Winner will be solely responsible for any applicable registration, license, title and insurance fees, all taxes (federal, state, local and/or income) and any expenses not listed herein related to the acceptance and use of the Grand Prize.  Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, fitness for purpose or mechanical condition; the only representation/warranty/guarantee that may be provided, if any, are those of the manufacturer and/or dealer.  Grand Prize Winner must accept delivery of the motorcycle at a dealership to be determined by Sponsor within 30 days of notification that dealership has received vehicle.   Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements.  Any difference between stated MSRP and actual value of the motorcycle will not be awarded.  Total approximate retail value (“ARV”) of the Grand Prize is $12,499.  

 

    PRIZE RESTRICTIONS:  Grand Prize cannot be substituted, assigned, transferred, or redeemed for cash except at Sponsor’s sole discretion or as otherwise provided herein.  Sponsor reserves the right to substitute Grand Prize with a prize of comparable or greater value if advertised Grand Prize should become unavailable.  Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The Grand Prize Winner is solely responsible for any taxes on the Grand Prize he/she has received, including but not limited to any and all federal, state and local taxes.  No more than the one (1) Grand Prize as set forth in these Official Rules will be awarded. 

 

7.    PRIZE CLAIMS:  Except where prohibited, the potential Grand Prize Winner must sign and return to the Independent Administrator an affidavit of eligibility/release of liability/publicity release (the “Release”) and IRS form W-9 in order to claim the Grand Prize (collectively, the “Required Documents”) within the time frame indicated in the notification. If the potential Grand Prize Winner fails to sign and return the Required Documents within the required time period, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received during the Sweepstakes Period. The Grand Prize Winner consents to use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a publicity release as a condition of winning the Grand Prize). The Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes on the Grand Prize, including, but not limited to all applicable federal, state and local taxes. The Independent Administrator must report the value of the Grand Prize to the IRS in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the IRS in the form of a Form 1099.  In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor (or any party acting on its behalf) to report the tax liability associated with acceptance of the Grand Prize, the potential Grand Prize Winner will be disqualified and another potential Grand Prize Winner will be selected from among the remaining non-winning eligible entries received during the Sweepstakes Period.  Valid social security numbers will be determined by IRS requirements.

 

8.    GENERAL:  All federal, state and local taxes on the Grand Prize are the sole responsibility of the Grand Prize Winner, if applicable.  By participating in this Sweepstakes, each Entrant agrees:  [a]  to abide by and be bound by these Official Rules and the decisions of the Sponsor and Independent Administrator which shall be final in all respects relating to the Sweepstakes, including without limitation the interpretation of these Official Rules; [b]  to release, discharge and hold harmless Sponsor, its franchisees, licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers, and any other individual or company involved in the development or execution of the Sweepstakes, including the Independent Administrator, from any and all injuries, liability, losses, damages, rights, claims and actions of any kind including liability for personal injury or death resulting from his/her participation in the Sweepstakes or their acceptance, use or misuse of the Grand Prize; and  [c] if the Grand Prize Winner, to the use of his/her name, voice, image and/or likenesses for advertising, publicity and promotional purposes by Sponsor and Sponsor’s subsidiaries and affiliates without further notice or compensation (unless prohibited by law) and, except where prohibited, to execute specific consent to such use if asked to do so.  Sponsor, its licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Sweepstakes, including the Independent Administrator, and each of their respective directors, officers, shareholders and employees are not responsible and shall not be liable for; [a] electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction; [b] unauthorized access to or alterations of entry materials; [c] technical, network, telephone equipment, electronic, computer, hardware or software malfunctions; or [d] limitations of any kind or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsor and / or Independent Administrator are not responsible for lost, late, incomplete, incorrect, damaged, misdirected, or illegible entries or any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted.   Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Grand Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices  or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Independent Administrator.  Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSISTIUTE A WAIVER OF THESE PROVISIONS.  If, for any reason whatsoever, this Sweepstakes, in Sponsor’s sole opinion, is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Notice of such action will be posted on the Website. All federal, state and local regulations apply.  

 

9.    SPONSOR: Famous Smoke Shop-PA, Inc., 90 Mort Dr, Easton, PA  18040.

 

10.    INDEPENDENT ADMINISTRATOR:  National Sweepstakes Company, LLC, 80 Rockwood Place, Rochester, NY, 14610.  

 

11.    WINNERS’ LIST REQUEST: To receive the name of the Grand Prize Winner, send a self-addressed, stamped (business size) envelope to:  “Indian Motorcyle Cigars” Winners List Request, PO Box 10505, Rochester, NY, 14610. Requests must be received by August 13, 2018. 

 

12.    OFFICIAL RULES:   Visit the Website for a copy of these Official Rules during the Sweepstakes Period.  

 

This Sweepstakes shall not be published without written permission by Sponsor.

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