8. PRIZES AND VALUES: Sponsor will award (6) Winners (1) prize (“Prize”) each:
(1) premium lighter, and (1) four ounce can of lighter fluid with a combined approximate retail value (“ARV”) of $22.99.
The total ARV of all prizes is $137.70.Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole discretion. Prize details not specified in these Official Rules will be determined solely by Sponsor and are subject to change. If Prize is unavailable, Sponsor, in its sole discretion, may pay Winner the ARV of the Prize, or award an alternate prize of comparable or greater value. All Prizes are awarded “AS IS”. Winner is solely responsible for all taxes, and for any other fees associated with the prize(s). ARV of prize is based on available information and may be reported for tax purposes as required by law. The Winner may be required to provide Sponsor with a valid social security or tax identification number before the Prize will be awarded. An IRS Form 1099 may be issued in the name of Winner for the actual value of the prize received.
Unclaimed prizes will be forfeited.
9. PRIVACY AND SWEEPSTAKES COMMUNICATIONS: Personal information (e.g., email) collected during the Sweepstakes is subject to Sponsor’s Privacy Policy available at
Privacy Policy - Decade Cigarettes. By entering this Sweepstakes, you agree that Sponsor, and third parties working on Sponsor’s behalf, may use your personal information for administration of the Sweepstakes, prize fulfillment and marketing. You also agree to receive autodialed texts and understand that agreement to same is not a condition of purchasing any product or receiving any service.
10. PUBLICITY RELEASE: Except where prohibited, by participating, you grant Sponsor permission to use your name, username, social networking ID, photograph, voice, any other likeness, or comments for publicity purposes, in any and all media, now known or hereafter devised, without payment to you.
11. INTELLECTUAL PROPERTY: The Official Rules, the Promotion Website, and related content and code are the property of the Sponsor or authorized third parties. You may not copy those materials, including associated trademarks or any other intellectual property without the express written consent of Sponsor.
12. RELEASE: By participating in the Sweepstakes, you agree to release Sponsor, its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, prize providers, advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from any claims, liability, costs, losses, damages or injuries of any kind related to your participation in the Sweepstakes. You agree that the Released Parties: (A) have neither made nor will be responsible for any warranty, express or implied, in connection with the Sweepstakes (including Prizes); (B) and will not be liable for any injury that may be caused by the wrongful act of any other entity, including Promotion Website users, and by any cause whatsoever beyond the control of the Released Parties. You further agree that all rights under California Civil Code Section 1542 (“Section 1542”) and any similar law of any other state that may be applicable are hereby expressly waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
13. YOUR REPRESENTATIONS, WARRANTIES AND INDEMNITY: You represent/warrant that you have the capacity to agree to these Official Rules, have read and will follow them. You agree to indemnify and hold the Released Parties harmless from any third party claims arising out of or related to your participation in the Sweepstakes.
14. SUSPENSION / MODIFICATION / TERMINATION: If Sponsor is prevented from continuing with the Sweepstakes by any event or cause beyond its control, e.g., events of nature, interference by humans or entities unrelated to Sponsor, acts of government (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. If the Sweepstakes is terminated, the Sponsor may select the potential Winner from all eligible Entries received prior to termination.
15. TAMPERING: Sponsor will disqualify any individual that attempts to tamper with or undermine the legitimate operation of the Sweepstakes and reserves the right to seek damages (including attorneys’ fees) and other remedies from any such individual to the fullest extent permitted by law.
16. GOVERNING LAW / LIMITATION OF LIABILITY: All issues concerning the Sweepstakes and these Official Rules shall be governed by North Carolina law, without giving effect to any choice of law or conflict of law rules that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY CLAIMS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
17. MANDATORY ARBITRATION / NO CLASS RELIEF: To the fullest extent permissible by law, with the exception of disputes pertaining to Sponsor’s intellectual property rights, ANY DISPUTE BETWEEN YOU AND SPONSOR RELATING TO THE SWEEPSTAKES SHALL BE REFERRED TO AND FINALLY RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY JAMS UNDER THE JAMS STREAMLINED ARBITRATION RULES AND PROCEDURES ON AN INDIVIDUAL BASIS WITH NO CLASS RELIEF. This clause shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act.
18. NAME OF WINNERS / OFFICIAL RULES REQUESTS: To receive the name of the Winners, send a stamped self-addressed envelope to: “Sweepstakes
Winners List,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director). Please indicate which Sweepstakes Winners List you are requesting (i.e., the name of the Sweepstakes). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Sweepstakes Official Rules,” Cheyenne International, LLC, 701 S. Battleground Avenue, Grover, NC 28073 (Attn: Marketing Director) prior to the end of the Entry Period. Please indicate which Sweepstakes Official Rules you are requesting (i.e., the name of the Sweepstakes). Vermont residents may omit return postage with Official Rules requests.
19. MISCELLANEOUS: The invalidity of any provision of these Official Rules or the Prize Acceptance Release will not affect the validity of any other provision. In the event that any provision of the Official Rules or the Prize Acceptance Release is deemed unenforceable, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid provision were not contained here. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver. Released Parties are not responsible for any typographical or other errors in the administration of the Sweepstakes, including, but not limited to, errors in any printing or posting of these Official Rules, the selection and announcement of any winner, or the distribution of any prize. You agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience and will not be deemed to affect the meaning of this document. By entering the Sweepstakes, you accept Sponsor’s Privacy Policy and Terms and Conditions. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, Privacy Policy or Terms and Conditions and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
