WHITE OWL SHARE YOUR SWIRL SWEEPSTAKES
NO PURCHASE OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID IN MA, MI, VA AND WHERE PROHIBITED.
- SPONSOR/ADMINISTRATOR: The White Owl Share Your Swirl Sweepstakes (the “Sweepstakes”) is sponsored by Swedish Match North America, LLC, Two James Center, 1021 East Cary Street, Suite 1600, Richmond, VA 23219 (the "Sponsor"). The Sweepstakes is administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (the “Administrator”).
- ELIGIBILITY: Open only to legal residents of, and currently residing in, the fifty (50) United States and the District of Columbia (excluding residents of MA, MI & VA), who are twenty-one (21) years of age or older as of date of entry. Employees of Sponsor, Administrator, and any of either company's respective affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each are not eligible. Void in MA, MI, VA, and where prohibited by law.
- SWEEPSTAKES PERIOD: The Sweepstakes begins 10:00 a.m. Eastern Time ("ET") on January 6, 2021 and ends 4:00 p.m. ET on February 28, 2021 (the "Sweepstakes Period").
- HOW TO ENTER: There are two (2) ways to enter the Sweepstakes:
- ONLINE METHOD OF ENTRY: During the Sweepstakes Period, if you already have an account on www.WhiteOwlCigar.com (the “Website”), log onto the Website, click where indicated and follow the on-screen instructions to upload your original photo in which you show how you “give swirl a whirl” to receive one (1) entry (“Online Entry”) into the Sweepstakes. Online Entry must include a White Owl Swirl product. If you do not have an account, you must first visit the Website and complete all required registration information in order to proceed. Limit one (1) Online Entry per person/email address per day and each Online Entry must be unique. For the purposes of this Sweepstakes, a “day” is defined as beginning at 12:00 m. ET and ending at 11:59 p.m. ET, with the exception of the first day, which will begin at 10:00 a.m. ET and end at 11:59 p.m. ET, and the last day, which will begin at 12:00 a.m. ET and end at 4:00 p.m. ET. Multiple Online Entries in excess of the limitation or mass entry attempts may result in disqualification of all Entries by such person. Online Entries must be manually submitted by the entrant; use of automated entry devices or programs, or entries by third parties, are prohibited. Duplicate or incomplete Online Entries will be disqualified.
Online Entries must adhere to the Online Entry Guidelines below, as determined by Sponsor/Administrator in their sole discretion. In the event the Sponsor/Administrator, in their sole discretion, determines that any Online Entry contains content that does not comply with the Online Entry Guidelines or these Official Rules or does not otherwise comply with regulatory guidelines, Sponsor/Administrator reserves the right to disqualify and remove the Online Entry or, if Sponsor so determines, edit the content of the Online Entry before it is added to the Online Entry gallery.
ONLINE ENTRY GUIDELINES:
- Online Entry must be in high-resolution JPEG, PNG or TIFF format, with a maximum file size of 15MB.
- Online Entry may not have been submitted previously in a promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends, and family) through any means.
- Online Entry must not (and entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light.
- Online Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor/Administrator’s sole discretion.
- Online Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure living or dead, or include any anti-social, political or religious groups, any commercial solicitation or promotional materials or address, phone number, or URL address.
- Any Online Entry deemed inappropriate or unsuitable, in Sponsor’s/Administrator’s sole discretion, will be disqualified.
- Online Entry material that is lewd, inappropriate, indecent, sexually explicit, suggestive and any other amorous activity will be disqualified.
- Online Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Online Entry cannot defame, misrepresent or contain disparaging content about Sponsor, the Promotion Entities (defined below), or their respective products and services, or other people, products or companies.
If an Online Entry includes an identifiable image or likeness of anyone other than the entrant, entrant represents and warrants that entrant has obtained permission from each such individual, that entrant agrees to provide written copies of such permission to Sponsor upon request and entrant certifies that such individual is 21 years of age or older.
Normal internet access and usage charges imposed by entrants’ online service may apply and are entrants’ sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply and are entrant’s sole responsibility.
- VIA MAIL/NO PURCHASE NECESSARY: Hand-print your complete name, street address, city, state, zip code, date of birth, telephone number (including area code), valid email address, and answer: “What flavor swirl would you like to see next?” on a plain piece of 3" x 5" paper (“Mailed Entry”). Mail your Mailed Entry in a business-size (#10) envelope with sufficient postage affixed, to: White Owl Share Your Swirl Sweepstakes, P.O. Box 7764, Melville, NY 11775-7764. Mailed Entries must be postmarked between January 6, 2021 and February 28, 2021, and received by March 8, 2021, in order to be included in the random drawing. Limit (1) Mailed Entry per person/email address per day (based on postmark date). Each Mailed Entry will count as one (1) Entry into the random drawing and must be mailed in a separate, postmarked-and-stamped envelope. Mailed Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and Mailed Entries by any means which subvert the entry process are void.
Online Entries and Mailed Entries shall be collectively referred to herein as “Entries”. Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification, at the Sponsor’s sole discretion.
By entering, you represent and warrant that you have fully complied and are in agreement with these Official Rules. By entering, you agree to indemnify and hold harmless the Promotion Entities (as defined below) from any action or liability resulting from your participation in the Sweepstakes and/or any other information included in any Entry. Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request.
- RANDOM DRAWING AND ODDS OF WINNING: Five hundred (500) prize winners will be selected in a random drawing on or about March 9, 2021, among all eligible Entries received during the Sweepstakes Period. Random drawing will be conducted by Administrator, an independent judging organization whose decisions are final on all matters relating to the Sweepstakes. The odds of winning a prize will depend on the total number of eligible Entries received during the Sweepstakes Period.
- WINNER NOTIFICATION/VERIFICATION, PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”): Five hundred (500) Prizes – A White Owl Swirl 30 oz. tumbler. ARV $33/each. Total ARV of all prizes is $16,500. Limit one (1) prize per person/email address. Prize winners will be notified via email by the Sponsor with any prize details within 2-4 weeks after winner selection. Return of any prize or prize notification as undeliverable will result in prize being forfeited and an alternate will be selected. In the event of any dispute concerning the identity of any entrant of an Online Entry, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. Sponsor and its agencies are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the exclusive control of the Sponsor. Prizes are awarded "as is" and without any warranty, except as required by law. Winners are responsible for any applicable federal, state and local taxes. No transfer, substitution or cash equivalent for the prize will be permitted, except at the sole discretion of the Sponsor in the event of prize unavailability and then an alternate prize of approximately equal value will be awarded and the Sponsor’s obligation to the winner will be fulfilled, and no other additional compensation will be provided or due. Any difference in the stated ARV of any prize and actual value will not be awarded.
- GENERAL RULES: By participating, each entrant grants permission to the Sponsor and its agencies to use his/her name, city, state, photos, and likeness and Entry for purposes of advertising, promotion, and trade without further compensation, except where prohibited by law. By entering, entrants/winners hereby agree, discharge and hold harmless Sponsor, Administrator, their parent, subsidiary and affiliated companies, advertising and promotional agencies and prize suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the "Promotion Entities") from any and all injuries, loss, claims or damages arising out of an entrant's participation in the Sweepstakes and/or entrant’s acceptance or use or misuse of a prize. By participating in the Sweepstakes, entrants agree that the Promotion Entities will have no liability whatsoever for, and that entrant shall defend and hold the Promotion Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the prize awarded hereunder. Without limiting the foregoing, everything regarding the Sweepstakes, including the Website/any websites used in connection therewith and the prize awarded hereunder, are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, all of which are expressly disclaimed by the Promotion Entities.
If for any reason the Sweepstakes is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to cancel, terminate, modify and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive manner. In the event the Sweepstakes is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right to conduct a random drawing from among all eligible Entries received prior to date of cancellation to determine the winners. Any attempt by an entrant to deliberately damage the Website/any website involved in the Sweepstakes or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including without limitation criminal prosecution, and damages, including without limitation attorneys' fees, from any such entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of Entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including any injury or damage to participant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the Sweepstakes materials, administration of the Sweepstakes, or in the announcement of the prizes. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the entry mechanism, to be violating these Official Rules or to be acting in a disruptive manner. Entries generated by script or bot are not eligible.
- DISPUTES: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the State of Kentucky or an appropriate Kentucky State Court if federal court is not a proper or available venue; (2) any and all claims, judgments and awards to entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.
- NAMES OF WINNERS: For the names of winners, available for a period of at least 30 days, after March 9, 2021, visit the Website and click on the Winners List.