MACANUDO BIG BREAK $1,000,000 ELIMINATION CHALLENGE

OFFICIAL RULES

 

THE $1,000,000 PRIZE (AN ANNUITY) IS A CONDITIONAL AWARD AND AS SUCH MAY NOT BE AWARDED.

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. 

A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. 

 

THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) ONLY, EXCLUDING ALASKA, HAWAII, MASSACHUSETTS, MICHIGAN, VIRGINIA, AND WASHINGTON (STATE).  YOU MAY NOT ENTER UNLESS YOU ARE A CIGAR SMOKER AGE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF AND LOCATED IN ONE OF THE ELIGIBLE STATES OR D.C.  THE SWEEPSTAKES IS VOID OUTSIDE THE  CONTINENTAL UNITED STATES AND D.C., IN ALASKA, HAWAII, MASSACHUSETTS, MICHIGAN, VIRGINIA, WASHINGTON (STATE) AND WHEREVER PROHIBITED.

 

1. PROGRAM DESCRIPTION:  The Macanudo Big Break $1,000,000 Elimination Challenge (the “Sweepstakes”) sponsored by General Cigar Co., Inc. (the “Sponsor”) begins at 12:00 PM (Noon) ET on June 3, 2013 and ends at 6:00 PM ET on August 31, 2013.  Note however, that certain drawing pools within the Sweepstakes are not open for entry until 12:00 PM ET on July 1, 2013, as described in Section 4 below.

 

2. ELIGIBILITY:  The Sweepstakes is open to any individual who is: (a) twenty-one (21) years of age or older at the date of entry; (b) a legal resident of (and residing at the time of entry in) one of the continental United States or D.C. (excluding Alaska, Hawaii, Massachusetts, Michigan, Virginia, and Washington (state)); and (c) a cigar smoker.  The following individuals are NOT eligible to enter or win a prize: employees and agents of Sponsor and Sponsor’s parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and the advertising, promotional and judging agencies of each; employees of participating retailers and their parent, subsidiary, and affiliated companies; employees and agents of Promotion Mechanics, Inc. (the “Administrator”), SCA Promotions, Inc. (“Adjuster”), and any other entities affiliated with the development and administration of the Sweepstakes; (aforementioned individuals and organizations collectively, the “Promotion Parties”) and the immediate family members (parent, child, sibling, spouse) of each such person, and persons living in the same household as each such person (whether related or not).  Further, the following classes of golfers are not eligible to participate in the Sweepstakes or win a prize: (a) current or former touring or club professionals; (b) current or former collegiate golf team players at any level (freshman, junior varsity, and varsity for men or women); or (c) current or former professionals or current or former members of the Professional Putter’s Association.  Sponsor’s determinations of eligibility and are final and may be made at any time.  The Sweepstakes is void outside the continental United States and D.C., in Alaska, Hawaii, Massachusetts, Michigan, Virginia, Washington (state) and wherever prohibited.

 

3. AGREEMENT TO OFFICIAL RULES:  Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Promotion Parties, which are final and binding.  Winning a prize is contingent upon fulfilling all requirements set forth herein.  Any entrant may be disqualified in Sponsor’s sole discretion at any time if he/she fails to comply with any of the terms of these Official Rules. 

 

4. TO ENTER:  Before participating, please carefully review the following means of entry and note which drawing pool (each, a “Drawing Pool”) corresponds to a particular means of entry.  Note also that there is a limit of one (1) entry per person/email address/phone number, per Drawing Pool, per day (regardless of method of entry for Drawing Pools with more than one means of entry).

 

Automatic entry into a Retailer Drawing Pool with purchase (begins 12:00 PM ET on July 1, 2013): You will automatically receive one (1) entry when you purchase an eligible Macanudo® cigar from a participating retailer between 12:00 PM ET on July 1, 2013 and 6:00 PM ET on August 31, 2013.  When shopping, be sure to note which Macanudo Cigars are designated as eligible for Sweepstakes entry, and note that different retailers may designate different varieties of Macanudo Cigars as eligible.  Further, note that the entries associated with a particular participating retailer will be held in a separate Drawing Pool (each such set of entries, a “Retailer Drawing Pool”).  Entries will only be valid for the Retailer Drawing Pool which corresponds to the particular participating retailer, and entries will not be carried forward to any other Drawing Pool.  It is anticipated that seven (7) retailers will participate which will result in seven (7) Retailer Drawing Pools; however the number of participating retailers is subject to change in Sponsor’s sole discretion. 

 

To enter a Retailer Drawing Pool without purchase (begins 12:00 PM ET on July 1, 2013): Hand print your name, home address, daytime phone number, email address (optional), date of birth and the words “Macanudo Big Break $1,000,000 Elimination Challenge Entry” on a 3” x 5” card and mail to: Macanudo Big Break $1,000,000 Elimination Challenge, PO Box 3553, Southbury, CT 06488-3553.  Each card must be mailed in a separate, hand-addressed, stamped envelope, postmarked by August 31, 2013 and received by September 7, 2013.  Further, on the lower front left of your envelope, you must write the name of the participating retailer whose Retailer Drawing Pool you wish to enter.  See Section 16 below for how to obtain a list of participating retailers.

 

To enter the Online Drawing Pool (begins 12:00 PM ET on 6/3/13):  Visit www.macanudo.com, click on the Sweepstakes banner/link, and follow site instructions to complete the online entry form and submit your entry so that it is received by Sponsor’s server no later than 6:00 PM ET on August 31, 2013.  Entries submitted online will only be valid for the “Online Drawing Pool”, and will not be carried forward to any other Drawing Pool.  For the avoidance of doubt, there will be one (1) Online Drawing Pool.

 

Entries will be disqualified if they are late, incomplete and/or in excess of the stated entry limits.  Any entries attempted through the use of agencies or robotic, repetitive, photocopied, programmed or similar methods will be void.  No responsibility is assumed for lost, late, mutilated, incomplete, illegible, misdirected or postage due entries, and such entries will be void.  Entry information becomes the property of Sponsor and will not be returned.  In the event of a dispute as to the identity of the entrant associated with any automatic entry or online entry, the authorized account holder of the email address associated with the entry, at time of entry, will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned to the email address by the email provider or other organization responsible for assigning email addresses.  Potential Finalists may be required to show proof of being the authorized account holder.

 

5. FINALIST PRIZE RANDOM DRAWINGS/FINALIST PRIZE ODDS:  On or about September 12, 2013, the Administrator (an independent judging organization) will conduct a separate random drawing from among the eligible entries received for each Drawing Pool, to select one (1) potential Finalist for each Drawing Pool.  Entries from one Drawing Pool will not be carried forward into any other Drawing Pool.  It is anticipated that seven (7) retailers will participate, resulting in seven (7) Retailer Drawing Pools; however the number of participating retailers (and therefore, the number of Retailer Drawing Pools) is subject to change in Sponsor’s sole discretion. Counting the anticipated seven (7) Retailer Drawing Pools plus the one (1) Online Entry Pool, it is anticipated that eight (8) Finalist prizes will be awarded.  Potential Finalists will be notified in accordance with Section 6 below.  Odds of winning a Finalist prize depend on the number of eligible entries received for each Drawing Pool.

 

6. FINALIST NOTIFICATION AND GENERAL PRIZE RESTRICTIONS:  Each potential Finalist will be notified by phone and/or email on or about September 13, 2013, to verify his/her eligibility and ability to accept and participate in the Finalist prize, and to obtain and/or verify his/her complete contact information.  If such a potential Finalist is not available or if there is no answer at the time any notification telephone call is made, a phone message will be left (if possible).  Any such phone message or email will instruct the potential Finalist to call a specified telephone number or reply by email within three (3) full business days (measured in the local time zone) after the time that the notification message was left.  Potential Finalist must reply as instructed to identify him/herself, confirm his/her eligibility and ability to accept the prize, and provide his/her complete contact information within such three (3) full business day period, or he/she will be disqualified.  In Sponsor’s sole discretion, such potential Finalists may only be notified one time as set forth above for attempted prize notification.  Each potential Finalist will subsequently be required to complete a notarized affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within the time period specified in potential Finalist’s notification letter.  Further, for tax reporting purposes, each potential Finalist will be required to provide Sponsor or its designee with a completed IRS W-9 form before the prize will be awarded, and such Finalist may receive an IRS Form 1099 issued in his/her name for the actual value of prizes received.  Proof of identity, age, and legal residence may be required to claim a prize.  Any Finalist or potential Finalist may be disqualified in Sponsor’s sole discretion if: (a) he/she fails to provide any required information or properly completed documents within the required time period; (b) he/she fails to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable, any voicemail or message left is not returned, or any forms sent to potential Finalists are not timely returned as instructed.  In the event of disqualification of a Finalist, assuming there is sufficient time available for Finalist notification and verification, at Sponsor’s sole discretion the prize may be awarded to an alternate Finalist selected from among the remaining applicable eligible entries via the means of Finalist determination described herein, pending verification of eligibility.  If any prize remains unclaimed after three (3) potential Finalists have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion.  No responsibility is assumed by Sponsor for any incorrect or missing postal address, email address or phone number associated with an entry, or any change of address, email or phone number of entrant after entry submission.  Any prize details not specified will be determined by Sponsor in its sole discretion.  No prize transfer.  Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded.  All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the recipient.  Sponsor will not replace any lost, damaged or stolen prizes.  Taxes on prizes and all expenses related to acceptance and use of prizes and not specified are the sole responsibility of the recipients.  Sponsor makes no representations regarding the tax liability associated with any prize, and each recipient is advised to seek counsel regarding any tax liabilities associated with his/her prize.  Limit one (1) Finalist prize per household.

 

7. FINALIST PRIZE DESCRIPTION:  One (1) Finalist prize will be awarded per Drawing Pool, each consisting of a 4 day/3 night trip for Finalist and one (1) guest to Las Vegas, Nevada including: round trip coach air travel for Finalist and one (1) guest from the major gateway airport closest to Finalist’s residence (airports determined solely by Sponsor); double occupancy (one [1] room) hotel accommodations for three (3) nights at a hotel selected by Sponsor; ground transportation between airport, hotel, and events; a grand total of $1,000 spending money to be awarded in the form of prepaid gift cards; and participation in an elimination challenge event (the “Event”) to determine which one (1) Finalist may attempt a golf putt for a chance to win $1,000,000 (the $1,000,000 prize is a conditional award and as such may not be awarded; if awarded the $1,000,000 will be paid as an annuity over time, see Section 9 below for more details).  The total approximate retail value (“ARV”) of the trip portion of the Finalist Prize is $3,325 (plus the value of any additional prizing awarded as a result of participation the Event, as described below).  Actual value of trip may vary depending on destination, point of departure, travel dates and fare/rate fluctuations.  Trip must be taken on dates specified by Sponsor in potential Finalist’s notification letter, or trip will be forfeited in its entirety.  Travel dates are anticipated to take place during November of 2013, but are subject to change as deemed necessary by Sponsor in its sole discretion.  All travel arrangements must be made through the Sponsor or Sponsor's designee.  Certain restrictions may apply.  A Finalist and his or her travel companion must travel together on the same itinerary and possess all required travel documents.  It is the responsibility of a Finalist and his/her companion to provide proper documentation (including government issued picture identification and/or passport, as required).  The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion.  Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles.  All airline tickets are subject to flight variation, work stoppages, and schedule or route changes.  Sponsor reserves the right to structure travel route and select accommodations in its sole and absolute discretion.  The Finalist will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules.  The round trip air transportation element for the prize begins and ends at the point of departure.  The prize is subject to seat and accommodation availability, as well as Sponsor’s terms and conditions generally applicable thereto.  Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations.  Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.  No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.  Additional prize award details and travel information to be provided to the Finalist at the time of notification.  Finalist and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.  Companion of Finalist must be at least twenty-one (21) years of age as of the date of departure.  Finalist or his/her companion must provide hotel with a major credit card issued in one of their names to cover room security and incidental expenses, if any.  Travel companion must execute liability/publicity releases prior to issuance of travel documents.  Once a travel companion is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion.  Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) and accommodation(s) of choice.  Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.  All expenses not specifically mentioned herein, are not included as part of any prize package, and are solely the recipient’s responsibility, including, but not limited to: taxes, additional meals and beverages, additional ground transportation, travel insurance, bag check fees, parking fees, laundry service, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.  Event participants may be required to provide additional documentation and/or releases deemed necessary by Sponsor in its sole discretion.  In the event a participant (and/or his or her companion) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early, and to withhold any prizes or prize opportunities which may have otherwise been offered to the applicable participant.  If a Finalist lives within 200 miles of selected destination (as determined by Sponsor), Sponsor reserves the right to substitute ground transportation in lieu of airfare at its sole discretion, and any difference in value will not be awarded.

 

8. EVENT DESCRIPTION/$1,000,000 PRIZE CONDITIONS/ODDS: To be considered potentially eligible to receive any additional prizing, each Finalist must attend the trip portion of the Finalist prize, participate in the Event, and remain in compliance with these Official Rules.  At the Event, the verified Finalists will have the opportunity to participate in a series of elimination challenges (each, a “Challenge”).  Challenges are anticipated to be as follows, but are subject to change in Sponsor’s sole discretion:

  • 100 yard closest to the pin challenge;
  • Chipping challenge;
  • Identify the cigar challenge;
  • Longest ash challenge;
  • Bounce a ball off of two plates and into a bucket challenge;
  • Golf ball stacking challenge; and
  • Cigar rolling challenge.

 

At the conclusion of each Challenge, the one (1) Finalist who scores lowest in the applicable Challenge (as determined by Sponsor in its sole discretion) will be considered eliminated from participation in any subsequent Challenges, and will be eligible to receive a $2,000 Challenge Consolation Prize to be awarded in the form of a check.  In the event of a tie at any point during the Event, Sponsor reserves the right in its sole discretion to determine and administer additional tie-breaking challenges.  The one (1) Finalist who participates in all of the Challenges without being eliminated, in Sponsor’s sole discretion, will be deemed the “Contestant”, pending continued compliance with these Official Rules and Sponsor’s instructions.  The Contestant will have only one (1) attempt to successfully putt a PGA-regulation golf ball into a regulation-size hole, from a distance of not less than ninety (90) feet, at the time and location designated by Sponsor (the “Attempt”).  All equipment and materials related to the Attempt will be selected by and provided by Sponsor, including but not limited to the golf ball, golf putter, and putting area.  The Contestant will not be permitted any practice, warm-up, or qualifying putts.  The Attempt will only be considered purportedly successful if, after being hit by the Contestant, (i) the golf ball lands in and remains in the designated hole without coming into contact with any surface, person, or obstacle other than the green, pin, or hole, and (ii) the putt would otherwise be counted as a successful putt under PGA rules, and (iii) the Contestant remains in compliance with these Official Rules and Sponsor’s instructions.  In the event of a purported successful Attempt, Contestant will be required to complete an additional Affidavit and Release and return it to Adjuster, along with a copy of Contestant’s government-issued photo ID, within the time frame specified by Adjuster, see Section 9 below for more details.  Any Attempt where the ball leaves the playing surface will be counted as an unsuccessful Attempt.  If the Contestant’s Attempt is not successful, he/she will be eligible to receive a $5,000 Contestant Consolation Prize to be awarded in the form of a check, pending Contestant’s continued compliance with these Official Rules and Sponsor’s instructions.  Contestant must complete and sign an Agreement to Participate prior to making the Attempt.  Any attempted participation by means other than those permitted by these Official Rules is void.  Sponsor may, in its sole discretion, disqualify a Contestant  or potential Contestant at any time for: [a] any actual or attempted fraudulent activity; [b] failure to follow Sponsor’s instructions; [c] failure to report at the designated times and places during the Event or Attempt; or [d] failure to comply with these Official Rules.  The determination of any Contestant, compliance with these Official Rules, and the awarding of any prize are subject to verification by Sponsor and Adjuster.  Any disputes regarding whether a prize was validly won will be resolved by Sponsor and Adjuster, whose decisions, including any interpretation of these Official Rules, shall be final, conclusive and binding.  Such decisions shall be made strictly in accordance with these Official Rules and any other rules and procedures put in place by Sponsor for the Event.  Finalists/Contestant must participate in the Event/Attempt personally, and no other person may participate on their behalf.  A Finalist/Contestant may not transfer or assign his or her right to participate in the Event/Attempt.  If a Finalist/Contestant is unable to perform on the day of the Event, his or her right to participate is forfeited.  The odds of a Finalist being selected as the potential Contestant depend on the skill of the Finalists and the outcome of the Challenges.  The odds of the Contestant winning the $1,000,000 Prize depend on the skill of the Contestant and other factors not subject to determination by traditional statistical means.  

 

9. $1,000,000 PRIZE CONDITIONS/FORM OF PAYMENT:  The awarding of the $1,000,000 Prize is subject to verification by Sponsor and Adjuster based on their verification of the Attempt, which may occur after conclusion of the Event. In no event shall Sponsor or Adjuster be responsible for awarding more than one (1) $1,000,000 Prize. If the $1,000,000 Prize is won in the manner described herein, such $1,000,000 Prize will be awarded pursuant to a contingent prize contract between Sponsor and Adjuster (the “Policy”) which may include one or more deferred annuity policies or other funding vehicles or instruments obtained by the Adjuster to fund the prize. The Policy shall provide for payment of the $1,000,000 Prize over 25 years at a rate of $40,000 for each of the 25 years, without interest. The estimated value of such annuity as of May 1, 2013 was $752,846. Under no circumstances will the $1,000,000 Prize, nor the estimated value of the underlying annuity, be available as a lump-sum payment.  In the event the $1,000,000 Prize is won, the $1,000,000 Prize winner, on behalf of himself/herself, his/her heirs, executors and assigns, agrees that: (a) Sponsor's sole liability shall be to assign rights to receive payments under the Policy to the winner of such prize, who shall look solely to Adjuster for payment under the Policy; and (b) the Sweepstakes Entities (other than Adjuster) shall have no responsibility or liability arising out of Adjuster's failure to perform its obligations under the Policy. If the $1,000,000 Prize is won, Adjuster shall have the right to withhold any amounts required for the payment of applicable taxes. The total present ARV of all prizes offered is $798,446.

 

10. GENERAL:  Promotion Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, illegible or postage-due entries; (b) any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone network, computer equipment, software or any combination thereof; or (c) any injury or damage to entrant's or any other person's computer or other equipment related to or resulting from participation in the Sweepstakes.  Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules.  Although Sponsor attempts to ensure the integrity of the Sweepstakes, Promotion Parties are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail.  If, for any reason, the Sweepstakes (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select Finalist(s) from among the applicable eligible entries received up to the time of such cancellation, termination, modification or suspension, as applicable, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion.  If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.  Entry must be made by the entrant and via the means described in these Official Rules only.  You are not a winner until your entry has been verified and you have complied with these Official Rules.

 

11. CONDUCT:  By participating in this Sweepstakes, entrants: (a) fully and unconditionally agree to be bound by these Official Rules and by all decisions of Sponsor (which decisions shall be final and binding in all respects), including without limitation decisions regarding eligibility, Finalists/winners and the interpretation of terms used in these Official Rules; (b) represent and warrant that all information provided by entrant in connection with the Sweepstakes is true, accurate and complete; and (c) agree to comply with all federal, state and local laws and regulations.  Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in this Sweepstakes or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Sweepstakes or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules.  CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS.  SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.


12. RELEASES AND LIMITATIONS OF LIABILITY:  By participating in the Sweepstakes, entrants agree to release and hold harmless the Promotion Parties, together with the respective officers, directors, employees, and agents of each (collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Sweepstakes or receipt or use/misuse of any prize, including, but not limited to:  (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Sweepstakes; (d) errors in the administration of the Sweepstakes or the processing of entries; (e) changes to retailer policies and procedures that may interfere with the operation of the Sweepstakes; (f) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (g) 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 Sweepstakes or receipt of any prize.  By participating IN THE Event, each participant represents and warrants that he/she: [a] is aware and understands that by participating in the Event, he/she MAY be undertaking inherently dangerous physical challengeS; [B] hereby accepts all inherent risks and dangers associated with the event and that, as a direct and/or indirect result of his/her involvement, there is a possibility of risk of serious physical injury, physical disability or death; [C] will abide by any safety precautions relayed by Sponsor or event staff in connection with the event; and [D] agrees that any right to participate in the event is at the sole discretion of Sponsor or event staff and can be withdrawn at any time.  Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees.  Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.  Without limiting the foregoing, the Sweepstakes, all prizes, and all materials provided on or through any Sweepstakes-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

 

13. PUBLICITY:  By submitting an entry, you grant to Sponsor and its affiliated companies (including Adjuster) the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law.  You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry. Further, Finalists and their guests will be required to provide written consent to be filmed during the Event and to permit the live and/or recorded broadcast, publication, or other use of said film footage, in whole or in part, by Sponsor, and those acting on its behalf (including Adjuster), for advertising or commercial purpose, worldwide without limitation and without additional compensation. Finalists and their guests agree to grant Sponsor  and Adjuster the results and proceeds of the film footage (hereunder “Materials”) with the right for the full period of copyright, including all extensions and renewals thereof, and thereafter in perpetuity, throughout the world, to use and re-use all or any part of the Materials for the purpose of making and producing television programs and other works, and advertising, publicizing and exploiting the same, by all means and in all media, whether now known or hereafter devised, and to authorize others to do so. Neither the Finalists, nor their guests, nor any other party now or hereafter having an interest in the Materials shall have any right or action against Sponsor or any other party arising out of any use of said Materials. The Finalists and their guests further agree that Sponsor may elect, in its sole discretion, to not use the Materials or to use only a portion of the Materials. The requirements of this section are void where prohibited by law.


14. PRIVACY:  Information submitted in connection with the Sweepstakes will be treated in accordance with: (a) these Official Rules; (b) participating retailers’ privacy policies, as it relates to automatic entries made via purchase; and (c) Sponsor’s Privacy Policy (as may be amended from time to time), currently available via www.macanudo.com; provided, that in the event of any conflict between these Official Rules and any such Privacy Policy, the terms and conditions of these Official Rules shall prevail.  By entering the Sweepstakes, you agree that Sponsor may share your personal information with the Promotion Parties for the purpose of winner verification and prize fulfillment in the event that you are chosen as a potential Finalist/winner. 

15. DISPUTES:  Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Commonwealth of Virginia.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia. 

 

16. RULES/RETAILERS REQUESTS:  To receive a copy of these Official Rules and a list of participating retailers, mail a self-addressed, stamped envelope to: Macanudo Big Break $1,000,000 Elimination Challenge Rules/Retailer Request, PO Box 750, Southbury, CT 06488-0750. Requests must be received by December 31, 2013.  VT residents may omit return postage.


17. WHO WON?:  To receive a winner list, mail a self-addressed, stamped envelope to: Macanudo Big Break $1,000,000 Elimination Challenge Winner List, PO Box 750, Southbury, CT 06488-0750. Requests must be received by December 31, 2013.

 

SPONSOR: General Cigar Company, Inc., 10900 Nuckols Road, Suite 100, Glen Allen, VA 23060.

 

© 2013 General Cigar Company, Inc.

MACANUDO CIGAR TWITTER PROMOTIONS
GENERAL RULES

THE PROMOTIONS DESCRIBED HEREIN ARE INTENDED FOR PARTICIPATION IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ("D.C.") ONLY, EXCLUDING MASSACHUSETTS, MICHIGAN, AND VIRGINIA. YOU MAY NOT ENTER IF YOU ARE NOT TWENTY-ONE (21) YEARS OF AGE OR OLDER AND NOT A LEGAL RESIDENT OF AND LOCATED IN ONE OF THE ELIGIBLE STATES OR D.C. THE PROMOTIONS DESCRIBED HEREIN ARE VOID OUTSIDE THE 50 UNITED STATES AND D.C., IN MASSACHUSETTS, MICHIGAN, AND VIRGINIA, AND WHEREVER PROHIBITED.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.

CONTESTS BEGINS AT 12:00 AM CENTRAL TIME ("CT") ON MAY 13, 2013 AND ENDS AT 11:59 PM CT ON AUGUST 31, 2013. ENTRANT MUST TWEET/RETWEET @MACANUDO TO ENTER. LIMIT ONE ENTRY PER PERSON/TWITTER ACCOUNT. PRIZE ARV $50 EACH. WINNERS WILL BE RANDOMLY SELECTED.

DESCRIPTION: These General Rules apply to sweepstakes and contests (each, a "Promotion", together the "Promotions"), sponsored by General Cigar Co., Inc. ("Sponsor") and offered via Twitter. Twitter is a free online microblogging service. The following information will be supplied to entrants on a per-Promotion basis: (a) entry period and time zone; (b) which action to take on Twitter in order to enter; (c) entry limits per person/Twitter account; (d) prize descriptions, values and restrictions; and (e) if applicable, entry judging criteria/tie breaker.

ELIGIBILITY: The Promotions are open to any individual who: (a) is twenty-one (21) years of age or older at the date of entry; (b) is a legal resident of (and residing at the time of entry in) one of the 50 United States or D.C. (excluding Massachusetts, Michigan, and Virginia); (c) has a Twitter account; and (d) has a valid government-issued identification card. The following individuals are NOT eligible to enter or win a prize: employees of Sponsor; Twitter, Inc.; the parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies of each; any other entities affiliated with the administration of the Promotions; (collectively, the "Promotion Parties") and the immediate family members (parent, child, sibling, spouse) of each such person, and persons living in the same household as each such person (whether related or not). Eligibility may be verified by Sponsor at any time. The Promotions are void outside the 50 United States and D.C., in Massachusetts, Michigan, and Virginia, and wherever prohibited.

AGREEMENT TO GENERAL RULES: Participation in a Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these General Rules, the per-Promotion terms set by Sponsor, and the decisions of the Promotion Parties and judges, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor’s sole discretion if he/she fails to comply with any of the terms of these General Rules or the per-Promotion terms set by Sponsor.

TO ENTER: To prepare to enter a Promotion: (1) sign into your Twitter account or, if you are not already a member, becoming a member of Twitter.com and sign into your Twitter account; and (2) "follow" @macanudo on Twitter. When a Promotion is offered, you will receive a Tweet from @macanudo with instructions on how to enter and where to get complete details. Follow the provided instructions to complete the entry process during the stated entry period (each such submission, and "Entry"). Entries and other submitted material become the property of Sponsor and will not be acknowledged or returned. All Entries for each Promotion must be received during the applicable entry period. Entries submitted in excess of stated per-Promotion entry limits will be void. Use of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different Twitter accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. If your Twitter account is set to "protected mode", your updates/responses will not be visible in Sponsor’s @Reply inbox; and, therefore, will not be received by Sponsor, resulting in your failure to enter any Promotion which requires such updates/responses. Normal Internet access and usage charges imposed by your online service will apply. If you post updates to or receive updates from Twitter from your wireless phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participation in a Promotion via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. All terms and conditions of Twitter.com apply. Multiple entrants are not permitted to share the same Twitter account. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the natural person who is the "authorized account holder" assigned by Twitter to the Twitter account in question. It is your sole responsibility to notify the Sponsor in writing if you change your Twitter account.

WINNER DETERMINATION/ODDS OF WINNING: Winner(s) will be determined within five (5) business days after the close of each Promotion. In the case of a random draw Promotion, winner(s) will be chosen via random drawing from among all eligible Entries received for that Promotion, and odds of winning will depend on the total number of eligible Entries received for that Promotion. In the case of a skill-based Promotion, the winner(s) will be determined by Sponsor’s judges who will rate all eligible entries in accordance with the stated judging criteria, and the odds of winning will depend on the skill of the entrant and the number and quality of Entries received for that Promotion.

WINNER NOTIFICATION: Each potential winner will first be notified on Twitter by Direct Message to the potential winner’s Twitter account. To claim a prize, each winner will be required to respond by email within twenty-four (24) hours after transmission of the aforementioned message and provide his/her full name, email address, physical mailing address, phone number and date of birth. Subsequently, each winner will receive additional prize claim instructions by mail and/or email and may be required to complete, sign and return: (a) an Affidavit of Eligibility/Liability Release; (b) where lawful, a Publicity Release; and (c) where applicable, a Copyright Assignment. Further, potential winners will be required to provide a copy of a valid government-issued identification card as proof of age. All requested documents must be returned to Sponsor by the date specified in winner’s notification email/letter. Any prize details not specified will be determined by the Sponsor in its sole discretion. Prizes are not transferable or refundable and must be accepted as awarded. No other substitutions may be made, except by the Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Winners are solely responsible for all applicable federal, state, and local taxes and for any expenses, costs or fees associated with acceptance and/or use of prizes not specified by Sponsor as being included. Limit one prize per entrant, per Promotion. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (a) a potential winner’s failure to respond to initial notification via Twitter Direct Message within twenty-four (24) hours after its transmission; (b) the failure of notification due to deactivation of the potential winner’s Twitter account prior to receipt of notification; (c) a potential winner’s failure to become a follower of @macanudo, resulting in the potential winner’s failure to receive a Direct Message from Sponsor; (d) a potential winner’s Twitter account being set to "protected mode" so that the potential winner’s updates/responses may not be visible in Sponsor’s @Reply inbox; (e) potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (f) potential winner’s failure to complete and return required documents by the date specified in winner’s notification email/letter; and (g) any other non-compliance with these General Rules or the specific terms of a Promotion.

INTELLECTUAL PROPERTY/CONDUCT: By submitting an Entry that contains intellectual property, you represent and warrant that your Entry: (a) is 100% your own original work produced for the applicable Promotion; (b) has not been entered in or won previous contests or awards; and (c) has not been published previously in any medium. Further, by submitting an Entry of any kind, you represent and warrant that your Entry: (a) is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, nor does it describe any materially dangerous activity; (b) does not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; (c) is not obscene or offensive, nor does it endorse any form of hate or hate group; (d) does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (e) does not contain trademarks or logos owned by others (except trademarks and logos owned by Sponsor), or advertise or promote any brand or product of any kind (other than those owned by Sponsor); (f) does not otherwise infringe any third party’s intellectual property or privacy rights, or contain any personal identification, such as license plate numbers, e-mail addresses or street addresses; (g) does not contain copyrighted materials owned by others; (h) does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without such person’s explicit advance permission; and (i) does not depict, and cannot itself, be in violation of any law. Sponsor's determination as to whether any Entry potentially violates the rights of any third party is final. In Sponsor’s sole discretion, Entries that do not include all required information and do not adhere to the foregoing and following requirements will be considered void.

SPONSOR’S RIGHTS TO ENTRIES: By submitting an Entry, you grant the Sponsor and its affiliated companies the unconditional and perpetual right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the Entry (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. By submitting an Entry, you forever waive any rights of copyrights, trademark rights, patent rights, privacy rights, and any other legal or moral rights in the Entry that may preclude the Promotion Parties’ use of the Entry, or require your permission for the Promotion Parties to use the Entry. By submitting an Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any of the Promotion Parties, or any other person, on the grounds that any use of the Entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that the Sponsor is in no way obligated to broadcast, publish or use your Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.

GENERAL CONDITIONS: In the event that the operation, security, or administration of a Promotion is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend a Promotion to address the impairment and then resume a Promotion in a manner that best conforms to the spirit of these General Rules; (b) award prizes according to the specific Promotion details from among the eligible Entries received up to the time of the impairment; or (c) to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. If, due to a human, typographical, mechanical or other error, the number of potential winners notified is greater than the listed number of prizes at any level, such listed number of prizes will be awarded in a random drawing from among all eligible entrants who submit a legitimate prize claim for that level. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of a Promotion or to be acting in violation of these General Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of a Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these General Rules shall not constitute a waiver of that provision. 


RELEASE AND LIMITATIONS OF LIABILITY: By participating in a Promotion, entrants agree to release and hold harmless the Sponsor, its parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and any other entities affiliated with the administration of the Promotions, together with the respective officers, directors, employees, and agents of each (collectively, the "Released Parties") from and against any claim or cause of action arising out of participation in a Promotion or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in a Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of a Promotion; (d) errors in the administration of a Promotion or the processing of entries; (e) changes to Twitter policies and procedures that may interfere with the operation of a Promotion; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in a Promotion or receipt of any prize. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in a Promotion, and in no event shall the Released Parties be liable for attorney’s fees. Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Without limiting the foregoing, a Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided "as is" without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

INDEMNIFICATION: You agree to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of your Entry, or your conduct in creating a Entry or otherwise in connection with a Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.

PUBLICITY: By submitting an Entry, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or Entry.

PRIVACY: Information submitted in connection with a Promotion will be treated in accordance with these General Rules and Sponsor’s Privacy Policy (as may be amended from time to time), currently located at https://www.cigarworld.com/privacy-policy/; provided, that in the event of any conflict between these General Rules and such Privacy Policy, the terms and conditions of these General Rules shall prevail. By entering a Promotion, you agree that Sponsor may share your personal information with the Promotion Parties for the purpose of winner verification and prize fulfillment in the event that you are chosen as a potential winner.

DISPUTES: Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, a Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Virginia. All issues and questions concerning the construction, validity, interpretation and enforceability of these General Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with a Promotion, shall be governed by, and construed in accordance with, the laws of the State of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the State of Virginia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Virginia.

WHO WON: For a current list of winners, visit https://facebook.com/macanudo. Winners will be posted for a minimum of 60 days following the end of a Promotion.

SPONSOR: General Cigar Company Inc., 10900 Nuckols Road, Suite 100, Glen Allen, VA 23060.

The Twitter name, logo, Twitter T, Tweet, and Twitter blue bird are trademarks of Twitter, Inc. in the United States and other countries. Twitter, Inc. is not a sponsor of the Promotions.

© 2013 General Cigar Company, Inc.

Any third party trademarks appearing in these Official Rules are the property of their respective owners and used for descriptive purposes only.