Rise From The Ashes Sweepstakes Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS NOT AFFILIATED WITH OR ADMINISTERED BY FACEBOOK IN ANY WAY.
1. Eligibility The blu eCigs Rise From The Ashes Sweepstakes (the “Sweepstakes”) is open to legal residents of the fifty United States and the District of Columbia who are age 18 and older at time of entry in all jurisdictions where receipt of prizes or entry in the Sweepstakes is not prohibited by United States and/or local laws, rules or regulations. Entries from outside of the United States will be disqualified. All employees of LOEC, Inc., dba blu ecigs (“Sponsor”) its parent and affiliated companies, production and promotion agencies (collectively “Release Parties”), their immediate families (spouses, parents, children, siblings and their spouses) regardless of where they live and same household members (whether related or not) are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and 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.
2. Timing: The Sweepstakes begins on or about June 27th, 2012 at 3:00 PM Eastern Daylight Savings Time (“EDT”) and ends on December 28th, 2012 at 2:59 PM Eastern Standard Time (“EST”) (the “Promotion Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. Within the main Sweepstakes there will be weekly drawings conducted (the “Weekly Promotion Periods”). Each weekly drawing will be made on Friday at 3:00 PM, starting with the first drawing on June 29th, 2012 and anyone entering during the applicable individual Weekly Promotion Periods running from Friday at 3:00 PM through the following Friday at 2:59 PM shall be eligible to win. LIMIT: One entry per person, per Weekly Promotional Period.
3. How to Enter: Entry requires using the blu Cigs application on Facebook, located at http://www.facebook.com/blucigs to access features of the blu Cigs application. You must have a Facebook account and be logged in to Facebook to access the blu Cigs page. The blu Cigs application will be available on the “Sweepstakes” tab on the blu Cigs’ Facebook Wall which can be reached at http://www.facebook.com/blucigs?sk=wall. Entrants can enter the Sweepstakes once during the Weekly Promotion Period by using the blu Cigs application (the “Entry”). Use of any automated system to enter the sweepstakes is prohibited and may result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Potential winners may be required to show proof of identity. In the event of a dispute as to the identity of a potential winner, Sponsor will gather proof of identity from the disputing parties and will solely be responsible for choosing the winner. There is no charge for entering as free Internet access is available at many public libraries. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing your information to Sponsor and not to Facebook.4. Winner Selection: Sponsor will conduct a drawing on or about 3:00 pm on each Friday during the Promotion Period, starting on June 29th, 2012, by randomly selecting one Entry from all Entries properly submitted during the applicable Weekly Promotion Period. The entrant who submitted the selected Entry, if applicable, will be a potential winner. ALL POTENTIAL SWEEPSTAKES WINNERS ARE SUBJECT TO AGE VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. Potential Weekly Prize Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Sponsor will attempt to alert the Potential Weekly Prize Winners using the email address provided during the entry process. Sponsor is not responsible for any technical malfunction or undelivered email messages. Potential Weekly Prize Winners will be required to execute and return an Affidavit of Eligibility/Liability and Publicity Release (where legal) within seven (7) business days after prize notification. Noncompliance may result in disqualification, and the prize may be awarded to an alternate prize winner. IT IS THE ENTRANT’S RESPONSIBILITY TO CHECK THE WEBSITE ADDRESS ABOVE AND THE EMAIL PROVIDED BY THE ENTRANT AFTER THE CONCLUSION OF EACH WEEKLY PROMOTION PERIOD TO SEE IF HE/SHE IS A POTENTIAL PRIZE WINNER. In the event that a Potential Weekly Prize Winner is disqualified for any reason, Sponsor may in its sole discretion award the prize to an alternate prize winner in a random drawing from among all remaining eligible entries from the applicable weekly drawing period.
5. Prizes: Sponsor will give away a total of 26 “Prizes” over the course of 26 weeks. Each week Sponsor will give away one prize consisting of $79.95 in store credit to be used by the winner to purchase a blu Cigs Premuim Starter Kit or any other merchandise in the blu eCigs web store located at http://www.blucigs.com/store. Winners must create an online account with blu ecigs online at https://www.blucigs.com/customer/account/login/ in order to use store credit. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Winners are responsible for additional purchases in excess of $79.95 store credit prize. Total actual retail value of all prizes will not exceed $2,078.70. The odds of winning will depend on the number of eligible entries received for each weekly drawing.
6. Release: By entering this Sweepstakes, entrant agrees to release and hold harmless Sponsor, and its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and each of its respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. Entrant also agrees to hold harmless Facebook and itsr respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and Facebook’s officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
7. Publicity: Except where prohibited, participation in the Promotion and acceptance of prize constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions, hometown and state, and/or uploaded photo or slide show for promotional purposes in any media, worldwide, without further payment or consideration.
8. General Conditions: 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 the Sweepstakes 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 undermine the legitimate operation of the Sweepstakes may be 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.
9. Limitations of Liability: Sponsor and its agencies are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any 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 Promotion or receipt or use or misuse of any prize. All entries become the property of Sponsor and will not be acknowledged or returned. By accepting prize, prize winners agree that the Released Parties, and the officers, directors, employees, representatives and agents of each of the Released Parties, have no liability and will be released and held harmless by prize winners for any damage, loss or liability to person or property, caused in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize, or participation in this Sweepstakes.
10. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, other than those concerning the administration of the Sweepstakes or the determination of winners, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate North Carolina State Court located in Charlotte, North Carolina; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iv) under no circumstances will entrant be permitted to obtain awards for, and entrant 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 entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
11. Use of Entrant’s Information: The information provided by entrants in connection with this Sweepstakes may be used for Sponsor’s internal purposes and to send information about Sponsor’s products and special promotions, but will not be provided to third parties, except as necessary for the administration of the Sweepstakes or as required by law or legal process.
12. Winners’ List: To obtain a Winners List, send a self-addressed, stamped envelope to be received by February 5, 2013 to: Rise from the Ashes Sweepstakes Winners List, One Pinebrook Plaza 9101 Southern Pine Blvd. Suite 250, Charlotte, NC 28273