NATIONAL TOBACCO “ Cabela’s® Gift Card Sweepstakes”
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. THE FOLLOWING SWEEPSTAKES IS INTENDED FOR VIEWING IN THE UNITED STATES AND D.C. (EXCLUDING MASSACHUSETTS, MICHIGAN, AND WHERE PROHIBITED) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS SWEEPSTAKES IF YOU ARE NOT A PERMANENT LEGAL RESIDENT OF THE “ELIGIBLE SWEEPSTAKES TERRITORY” DESCRIBED IN RULE #2 BELOW.
1. SWEEPSTAKES PERIOD: The National Tobacco “Cabela’s® Gift Card Sweepstakes” (the “Sweepstakes”) begins at approximately 12:00:01 AM (Midnight) Eastern Standard Time ("EST") on January 31, 2022 and ends at approximately 11:59:59 PM EST (Midnight) on March 4, 2022 (the "Sweepstakes Period"), when all entries must be received. The Sweepstakes Period is comprised of daily entry periods lasting approximately five (5) weeks. Daily entry periods begin each day at 12:00:01 AM (Midnight) Eastern Time during the Sweepstakes Period. Eastern Time shall control for all purposes of this Sweepstakes. The Sponsor’s computer is the official time-keeping device of the Sweepstakes. The Sweepstakes is governed by these Official Rules, and is subject to all applicable U.S. federal, state and local laws. The Sweepstakes website (the “Website”) is accessed through www.Stokers.com (the “Website Address”).
2. ELIGIBILITY: The Sweepstakes is open to permanent legal residents of the United States and D.C. (excluding residents of Massachusetts, Michigan, and where prohibited) (the “Eligible Sweepstakes Territory”) who are tobacco users, at least 21 years of age or older at time of entry. An entrant must satisfy all the foregoing eligibility requirements in order to participate in the Sweepstakes. The Sweepstakes is void outside: (i) the United States and the District of Columbia; and (ii) where prohibited or restricted by law. The Sweepstakes, and any website pages and advertisements relating thereto, are intended for viewing only within the Eligible Sweepstakes Territory, and entrants must be present in the Eligible Sweepstakes Territory at the time they enter. Employees, officers and directors of National Tobacco Company, L.P. and its parent, subsidiaries, divisions, affiliates, advertising or promotion agencies of each and members of their immediate families and principals, are not eligible to win a prize in the Sweepstakes. “Immediate family members” shall mean parents, spouses, children, siblings, grandparents, and their respective spouses or members of the same household (whether related or not) of each such employee, officer and director.
3. HOW TO ENTER; ENTRY CUT-OFF DATES. There are two (2) ways for an eligible entrant to enter the Sweepstakes during the Sweepstakes Period
A). TO ENTER ONLINE ON INSTAGRAM: During the Sweepstakes Period, visit Sponsor’s Instagram Page located at www.instagram.com/stokers/, following the Stoker’s Instagram Page (www.instagram.com/stokers/), like the corresponding sweepstakes Instagram post, and tagging a friend in the comments section of the sweepstakes post, and read the Official Rules to submit one entry before March 4, 2022 at 11:59 PM CST. NO PURCHASE REQUIRED.
B). TO ENTER VIA EMAIL: During the Sweepstakes Period, send an email to email@example.com with the subject line “Stoker’s Cabela’s Giveaway Entry” and include your full name and birthdate in the message body. Limit to one entry per person per week during the Sweepstakes period. NO PURCHASE REQUIRED.
C). FOR ALL ENTRIES: All entries, regardless of method of entry, must be received by Sponsor during the Sweepstakes Period. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of online submission will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries subject to verification prior to the awarding of a prize, as are the eligibility, age and other claims of/information provided by a potential prize winner. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS: By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the registration of entrants and the selection of winners, and the awarding of the prizes), which are final and binding in all respects.
5. DRAWINGS; ODDS; NOTIFICATION. There will be a total of five (5) drawings in the Sweepstakes: one (1) drawing for each of the five (5) Prizes. Drawings will occur at the beginning of each week within the sweepstakes period happening on or about February 7, February 14, February 21, February 28 , and March 7 2022, Sponsor will randomly select Prize winners from among all entries received by Sponsor through all methods of entry during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received by Sponsor in the Sweepstakes. A selected entrant must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. A potential winner will be notified by direct message (Instagram)and/or email using the contact information provided by an entrant. If a potential winner cannot be contacted directly by Sponsor within seventy-two (72) hours of the first attempt to contact them, or if any prize or prize notification is returned as undeliverable, or if a potential winner is found to be ineligible, or if a potential winner does not comply with the Official Rules, then the potential winner may be disqualified and an alternate winner selected by Sponsor in their place at random from among all remaining non-winning entries received by Sponsor. In such event, an alternate potential prize winner will be notified as described above and will be required to return the required documents to Sponsor as described above; provided, however, Sponsor may alter the above timing to meet its Sweepstakes schedule. Sponsor is not responsible for the failure of a potential winner to receive any of Sponsor’s notifications or documents for any reason, or for the inability of a potential winner to respond to any of Sponsor’s notifications or return any required documents for any reason.
• Generally. Subject to the terms and conditions of these Official Rules, five (5) prizes will be awarded in this Sweepstakes: (i) five (5) Prizes. The approximate retail value (“ARV”) of all prizes awarded in this Sweepstakes is five thousand dollars ($5,000USD) in total, consisting of the 5 Prizes as described below.
• Four (4) Prizes. The Grand-Prize consists of five (5) individual prizes to be awarded to five (5)individual winners: (i) 1 (one)$1,000 dollar Cabela’s® gift card per individual winner. .Sponsor does not warrant the accuracy of the ARV due to variability in appraisal values and Prizes winner is encouraged to consider both options carefully before deciding which option to select.
• Additional Prizes Conditions. Sponsor reserves the right to substitute a different gift card for any reason. ARV of the Prizes is as of date of posting of these Official Rules. Actual value may vary based on a multitude of factors. Any difference between the actual cost and ARV will not be awarded. Winner will be responsible for all taxes (federal, state, local and/or income taxes) associated with receipt of the prize and all expenses not listed, including but not limited to travel to and from the pick-up location and acceptance and use of the Prizes. Sponsor will use reasonable efforts to deliver the Prizes within one hundred fifty (150) days of receipt of completed prize claim documents. Sponsor is not responsible for delays in delivery. Winner must take possession of the Prizes awarded to them within thirty (30) days of notice of availability at Sponsor-selected delivery location. Prizes awarded may differ from vehicles shown in Sweepstakes’ materials. Prizes are awarded “AS IS,” neither Sponsor or any other person associated with the development and execution of this Sweepstakes, and its prizes, including their respective affiliates, parent companies, subsidiaries, directors, officers, employees and agents makes any warranties, representations or guarantees, express or implied, in fact or in law, relative to the use and enjoyment of the Prizes, including, without limitation, its quality, mechanical condition, merchantability or fitness for a particular purpose.
• Conditions for All Prizes. Prizes are non-transferable, non-assignable, non-negotiable, and not redeemable for cash or credit. A prize must be accepted as awarded. No prize substitutions, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value (including cash) if a prize (or a component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Unused components of a prize shall be forfeited and have no redeemable cash value. Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. If applicable, winner will be issued an IRS Form 1099 (or comparable tax form) for the actual retail value of the prize. Winners waive the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem the prize. Non-compliance with any of the foregoing and any other condition of this Sweepstakes may result in disqualification and forfeiture of prize, in which case, no consideration will be awarded. LIMIT: One (1) Prize per person or address (physical or email or Instagram profile) in this Sweepstakes. The total number of prizes will not exceed the number of prizes set forth above. All prizes will be awarded provided there are a sufficient number of eligible winners. Prizes that are unclaimed, unredeemed or returned as undeliverable may not be awarded. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. An entrant is not a winner of any prize, even if the Sweepstakes should so indicate, unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. Sponsor will not accept any other evidence of winning in lieu of its validation process. Any entries that occur after the system has failed for any reason is deemed a defective play, is void, and will not be honored.
7. PUBLICITY: Except where prohibited by law, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s (and its designees’, successors’ and assigns’) use of winner’s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and country for Sweepstake promotional purposes in any manner or media (including, without limitation, online, on websites and in social media), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
8. GENERAL CONDITIONS: Sponsor reserves the right to require entrants or winners to complete, execute and deliver to Sponsor additional documents at any time as required by Sponsor, in the forms provided and within the timeframe required by Sponsor, or the entrant, potential winner or winner may be disqualified. Sponsor may modify and amend these Official Rules as they appear online from time to time during the Sweepstakes Period for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. Sponsor is not responsible for any typographical errors in the Official Rules, Website pages or other materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right (but does not have the obligation) in its sole discretion to award prizes at random from among eligible, non-suspect entries received up to the time of suspected impairment (as determined by Sponsor). 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 in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website, application or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies 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 or any other provision of these Official Rules.
9. RELEASE: By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries and affiliates, and their respective agents, advertising and Sweepstakes agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in the Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in the Sweepstakes.
10. LIMITATIONS OF LIABILITY: Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information, or late, lost, stolen, unintelligible, damaged, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s websites by a hypertext link.
11. DISPUTE RESOLUTION AND CHOICE OF LAW: Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in federal or state courts located in Louisville, Kentucky; (b) entrant submits to sole and exclusive personal jurisdiction to said courts in the Commonwealth of Kentucky for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (c) 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 (d) 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 LIMITATION 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 entrant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules of provisions (whether of the Commonwealth of Kentucky, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
13. WINNERS’ LIST: A list of winners will be posted to the Sponsor’s Instagram following the verification of all winners. For a list of winners, send a self-addressed, stamped envelope for receipt by March 31, 2022 to: “Cabela’s Gift Card Sweepstakes®”, P.O. Box 697, Hillview, KY 40129.
14. OFFICIAL RULES: These Official Rules are available at https://www.stokers.com/officialrules or by sending a self-addressed postage-stamped envelope to “Cabela’s® Gift Card Sweepstakes Rules Request,” P.O. Box 697, Hillview, KY 40129. Vermont residents may omit return postage.
15. SPONSOR: National Tobacco Company L.P., 5201 Interchange Way, Louisville KY 40229. Sponsor reserves the right to cancel this Sweepstakes at any time and, in its sole discretion, substitute another promotion in its place.
© 2019 National Tobacco Company, L.P. All Rights Reserved. Sweepstakes participants are hereby authorized to copy or download these Official Rules on the condition that it will be for the participant’s personal use and not for any commercial purpose whatsoever.
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