Cuenca Cigars SOCIAL SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND UPON TOTAL NUMBER OF ENTRIES RECEIVED.
INTERNET ACCESS AND A FACEBOOK ACCOUNT ARE REQUIRED TO ENTER.
THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE CONTINENTAL UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY, EXCLUDING MASSACHUSETTS, MICHIGAN, AND VIRGINIA.
1. Eligibility. Cuenca Cigars Social Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States (excluding Massachusetts, Michigan, Virginia and where otherwise prohibited by law) who are 21 years of age or older. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Employees of cuenca Cigars and its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible to participate in the Sweepstakes.
2. Agreement to Official Rules. The Sweepstakes is governed by these official rules (“Official Rules”). All individuals who participate in the Sweepstakes (each, an “Entrant”) fully and unconditionally agree to accept these Official Rules and the decisions of the Sponsor (as hereinafter defined), which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. Any Entrant may be disqualified in the Sponsor’s sole discretion at any time if he/she fails to comply with any of the terms of these Official Rules.
3. Sponsor. The Sweepstakes sponsor is Cuenca Cigars d/b/a Cuenca Cigars, 1928 Harrison Street, Suite B, Hollywood, FL 33020 (the “Sponsor”).
4. No Sponsorship by Social Media. The Sweepstakes and related promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrant is providing its information to the Sponsor and not to Facebook. By participating in this Sweepstakes and related promotions Entrant agrees to a complete release of Facebook from any and all claims. Any questions, comments or complaints regarding the Sweepstakes will be directed to the Sponsor, not to Facebook.
5. Timing. The Sweepstakes begins and ends at the times and dates (the “Entry Period”) set forth in the Designated Post (as hereinafter defined) on the Sponsor’s Facebook page announcing and describing the Sweepstakes. All entries must be received during the Entry Period. The Sponsor reserves the right to extend or shorten the Sweepstakes at its sole discretion.
6. Entry in the Sweepstakes. Entry in the Sweepstakes is through the Sponsor’s Facebook page. During the Entry Period, Entrants may enter the Sweepstakes by “Liking” or “Commenting” (in a respectable and appropriate manner) (each “Like” or “Comment” hereinafter referred to as an “Entry”) on a designated post on the Sponsor’s Facebook page, which describes the prize, its approximate retail value and the Entry Period (each, a “Designated Post”). Each Entrant may enter the Sweepstakes a maximum of two (2) times per Entry Period as follows: one (1) Entry for “Liking” the Designated Post and one (1) Entry for “Commenting” on the Designated Post.
In the event of a dispute about the identity of an Entrant, each Entry will be declared made by the registered account holder of the Facebook profile, provided that person meets all other eligibility requirements in these Official Rules. The registered account holder is deemed to be the natural person who is assigned to the account that submitted the Entry. The winner may be required to provide the Sponsor with proof that Entrant is the registered account holder of the Facebook profile associated with the winning Entry.
7. Mobile Devices. If participating in the Sweepstakes via a mobile device, message and data charges (i.e., wireless internet access charges) may apply. Check with your wireless carrier before participating in the Sweepstakes via a mobile device. Wireless internet access may not be available on all mobile devices or in all areas.
8. Automated Entries Prohibited. Use of automated, programmed, robotic or like means to submit an Entry is prohibited. Sponsor reserves the right to disqualify any Entrant using such means.
9. Random Drawing and Notifications. One (1) potential winner will be selected at random by the Sponsor from all eligible entries received by the Sponsor at the close of the Entry Period. Within five (5) days of the close of the Entry Period, the potential winner will be notified by the Sponsor by message to the potential winner’s Facebook account or by phone and/or e-mail. Within five (5) days of such notification by Sponsor, the potential winner must reply to the Sponsor by means of a specified telephone number or email address to verify his/her eligibility and ability to accept the prize and to provide his/her complete contact information. In the Sponsor’s sole discretion, the potential winner may be required to complete a notarized affidavit of eligibility (including proof of identity, age, and legal residence), a liability release and (where legal) a publicity release, which must be returned within the time period specified by the Sponsor. A potential winner will only be notified one time as set forth above. The potential winner may be disqualified in the 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 the potential winner are not timely returned as instructed. If a potential winner cannot be notified for any reason or is determined to be ineligible or otherwise not in compliance with these Official Rules, the potential winner will be disqualified from the Sweepstakes without compensation of any kind.
In the event of disqualification of a potential winner, the Sponsor will select an alternate potential winner in a random drawing comprised of all remaining eligible entries.
10. Odds of Winning. Odds of winning a prize depend on the total number of eligible entries received.
11. Prizes. The prize and approximate retail value (“ARV”) shall be described in the Designated Post on the Sponsor’s Facebook page. In the Sponsor’s sole discretion, additional descriptions of the prize may be provided to the potential winner at the time of notification. The winner will not receive cash or any other form of compensation if the actual value of the prize is less than the ARV described in the Designated Post on the Sponsor’s Facebook page. The Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater ARV if the designated prize should become unavailable for any reason. The Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by any persons providing any prize-related goods or services. The Sponsor is not liable for the quality of any prize, and all prizes (unless otherwise specified herein), and all materials provided on or through Facebook or any Sponsor or 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.
12. Taxes and Other Expenses. Winner is solely responsible for all federal, state and local taxes and fees associated with prize acceptance, receipt and/or use. For tax reporting purposes, if the prize is valued at an ARV in excess of six hundred ($600.00) dollars the winner will be required to provide the Sponsor with a completed IRS W-9 form before the prize will be awarded, and the winner may receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. The Sponsor makes no representations regarding the tax liability associated with any prize, and the winner is advised to seek counsel regarding any tax liabilities associated with his/her prize. All other costs and expenses associated with acceptance and use of a prize not specified herein are the sole responsibility of the winner.
13. Prize Restrictions. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Prizes are not transferable except with the written permission of the Sponsor which may be granted or withheld in its sole discretion and without liability of any kind. There is a limit of one (1) prize per family/household/address in this Sweepstakes.
14. Release and Limitations of Liability. By participating in the Sweepstakes, Entrants agree to release and hold harmless Facebook, the Sponsor, prize suppliers, advertising/promotion agencies, and their affiliates, parents and subsidiaries, together with their respective officers, directors, employees, and agents (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions which may be caused, directly or indirectly, in whole or in part, from Entrant’s 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 Facebook 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 the Sponsor of personally identifiable information of the Entrants; or (g) death, injury or damage to or loss of property. 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 attorneys’ 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 (unless otherwise specified herein), and all materials provided on or through the Sponsor’s Facebook page and/or 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.
15. Publicity. By submitting an Entry, Entrant grants to the Sponsor and its affiliates the right, except where prohibited by law, to use name, likeness, picture, address (city and state only), biographical information, Facebook profile, Entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the Sponsor, its affiliates, prize suppliers, and the products or services of each, in any and all media without limitation as to time or territory, without compensation or any further consideration whatsoever unless required by law. Entrant 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 Entrant’s name, likeness, picture, address (city and state only), biographical information, Facebook profile, Entry and written or oral statements. The requirements of this section are void where prohibited by law.
17. General Conditions. All entries and any information posted on the Sponsor’s Facebook page become the sole and exclusive property of the Sponsor and will not be acknowledged or returned. The Sponsor is not responsible for late, lost, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. No responsibility is assumed by the 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 submission of an Entry. If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes, if possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause an error in the description of a prize or its ARV in a Designated Post, the Sponsor reserves the right to correct the Designated Post and to award the intended prize. Although the Sponsor attempts to ensure the integrity of the Sweepstakes, the Sponsor is 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. 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 the Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, the Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and, in such event, the Sponsor may further elect to hold a random drawing to select a potential winner 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 the Sponsor in its sole discretion. In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in on the Sponsor’s Facebook page, the Designated Post, or in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. 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. The Sponsor reserves the right to amend these Official Rules from time to time, such changes to be effective immediately. No Entrant is a winner until his/her Entry has been verified and he/she has complied with these Official Rules. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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 AND POSSIBLY CRIMINAL AND CIVIL LAWS. SHOULD THE SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, THE 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.
19. Disputes. Except where prohibited, Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Pennsylvania or the appropriate state court located in Lehigh or Northampton County, Pennsylvania; (b) 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 (c) 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 Commonwealth of Florida without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Florida.
20. Winners’ List. All prize winners will be announced on the Sponsor’s Facebook page. For the names of prize winners, send a self-addressed stamped envelope to Cuenca Cigars, Attn: Sweepstakes, 1928 Harrison Street, Suite B, Hollywood, FL 33020.