SURGEON GENERAL WARNING: Tobacco Use Increases The Risk Of Infertility, Stillbirth And Low Birth Weight.
Governing use of website
A. Authorization to use Website and Contents
WELCOME TO THE DUTCH MASTERS WEBSITE ("SITE"), WHICH IS OWNED AND OPERATED BY ALTADIS U.S.A. INC. FOR THE PERSONAL AND NON-COMMERCIAL USE ONLY OF THOSE WHO AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE EFFECTIVE AS OF 11/1/13. THUS, THESE TERMS AND CONDITIONS GOVERN AND CONTROL YOUR ACCESS TO AND USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU ARE NOT AUTHORIZED TO USE THE SITE.
THE SITE IS INTENDED FOR USE BY ADULT SMOKERS ONLY. ALTADIS U.S.A. INC. LIMITS ITS ADVERTISING AND OTHER COMMUNICATIONS TO ADULT SMOKERS 21 YEARS OF AGE OR OLDER. IF YOU ARE UNDER 21 YEARS OF AGE, YOU MUST DISCONTINUE USE OF THIS SITE IMMEDIATELY.
THIS SITE IS OPERATED TO PROVIDE GENERAL INFORMATION ABOUT OUR COMPANY AND TO PERMIT SMOKERS 21 YEARS OF AGE OR OLDER TO REQUEST PROMOTIONAL MATERIALS, INCLUDING COUPONS. THE MATERIAL ON THE SITE SHOULD NOT BE REGARDED AS AN OFFER TO SELL, OR A SOLICITATION OF AN OFFER TO BUY, ANY ALTADIS U.S.A. PRODUCT. WE ADVERTISE, MARKET, AND SELL OUR PRODUCTS ONLY IN COMPLIANCE WITH THE LAWS OF THE PARTICULAR JURISDICTIONS IN WHICH THEY ARE SOLD, AND IN COMPLIANCE WITH THE PROVISIONS OF THE MASTER SETTLEMENT AGREEMENT.
THE INFORMATION THAT WE MAKE AVAILABLE ON THIS SITE IS NOT WARRANTED TO BE ACCURATE, COMPLETE OR CURRENT. BECAUSE WE PROVIDE THIS MATERIAL FOR GENERAL INFORMATION ONLY, YOU MAY NOT RELY UPON OR USE IT AS A BASIS FOR MAKING SIGNIFICANT DECISIONS WITHOUT CONSULTING PRIMARY OR MORE ACCURATE, MORE COMPLETE OR MORE RECENT OFFICIAL SOURCES OF INFORMATION. THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION, WHICH NECESSARILY IS NOT CURRENT AND IS PROVIDED FOR YOUR GENERAL REFERENCE ONLY.
WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON THE SITE. RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK. CONTINUED USE OF THE SITE BY YOU AFTER ANY SUCH CHANGES SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
C. Intellectual Property of Contents
THIS SITE AND ALL OF ITS CONTENTS ARE PROTECTED BY COPYRIGHT, TRADEMARK AND OTHER LAWS OF THE UNITED STATES AND ARE OWNED AND CONTROLLED OR LICENSED BY ALTADIS U.S.A. INC. OR THE PARTY CREDITED AS THE PROVIDER OF THE PARTICULAR CONTENT AT ISSUE, IF DIFFERENT THAN ALTADIS U.S.A INC.
ALL COMMENTS, FEEDBACK, SUGGESTIONS, IDEAS, AND OTHER SUBMISSIONS DISCLOSED, SUBMITTED OR OFFERED ON THIS SITE OR OFFERED BY ANY OTHER MEANS (COLLECTIVELY, "COMMENTS") ARE PROVIDED BY YOU ON A NON-CONFIDENTIAL BASIS. IF YOU DO SUBMIT MATERIAL, AND UNLESS WE INDICATE OTHERWISE, YOU GRANT ALTADIS U.S.A. INC. AND ITS AFFILIATES A NON-EXCLUSIVE, ROYALTY-FREE, PERPETUAL, IRREVOCABLE AND FULLY SUB-LICENSABLE RIGHT TO USE, REPRODUCE, MODIFY, ADAPT, PUBLISH, TRANSLATE, CREATE DERIVATIVE WORKS FROM, DISTRIBUTE AND DISPLAY SUCH CONTENT THROUGHOUT THE WORLD IN ANY MEDIA FOR ANY PURPOSE, ALL WITHOUT COMPENSATION. YOU GRANT ALTADIS U.S.A. INC. AND ITS AFFILIATES THE RIGHT TO USE THE NAME YOU SUBMIT IN CONNECTION WITH SUCH CONTENT, IF IT SO CHOOSES, ALONG WITH YOUR IMAGE, LIKENESS, AND BIOGRAPHICAL DATA.
D. Use of Intellectual Property
YOU MAY DOWNLOAD OR COPY THE CONTENTS DISPLAYED ON THE SITE FOR YOUR PERSONAL USE ONLY. NO RIGHT, TITLE OR INTEREST IN ANY DOWNLOADED MATERIALS OR SOFTWARE IS TRANSFERRED TO YOU AS A RESULT OF ANY SUCH DOWNLOADING OR COPYING. YOU MAY NOT REPRODUCE (EXCEPT AS NOTED ABOVE), PUBLISH, BROADCAST, POST, TRANSMIT, DISTRIBUTE, DISPLAY, MODIFY, CREATE DERIVATIVE WORKS FROM, SELL OR PARTICIPATE IN ANY SALE OF OR EXPLOIT IN ANY WAY, IN WHOLE OR IN PART, ANY OF THE CONTENTS, THE SITE OR ANY RELATED SOFTWARE, WITHOUT THE PRIOR WRITTEN PERMISSION OF ALTADIS U.S.A. INC. ANY OTHER USE OF THE MATERIAL ON THE SITE, INCLUDING BUT NOT LIMITED TO THE MODIFICATION, DISTRIBUTION, TRANSMISSION, PERFORMANCE, BROADCAST, PUBLICATION, LICENSING, REVERSE ENGINEERING, TRANSFER OR SALE OF, OR THE CREATION OF DERIVATIVE WORKS FROM, ANY MATERIAL, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED FROM THE SITE, IS EXPRESSLY PROHIBITED AND SUBJECT TO ALL OF ALTADIS U.S.A. INC.'S LEGAL REMEDIES.
YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY SUBMISSION YOU MAKE, INCLUDING THE LEGALITY, RELIABILITY, APPROPRIATENESS, ORIGINALITY AND COPYRIGHT OF ANY SUCH MATERIAL. YOU MAY NOT UPLOAD TO, DISTRIBUTE OR OTHERWISE PUBLISH THROUGH THIS SITE ANY CONTENT THAT (I) IS LIBELOUS, DEFAMATORY, OBSCENE, THREATENING, INVASIVE OF PRIVACY OR PUBLICITY RIGHTS, INFRINGING ON INTELLECTUAL PROPERTY RIGHTS, ABUSIVE, ILLEGAL OR OTHERWISE OBJECTIONABLE, (II) MAY CONSTITUTE OR ENCOURAGE A CRIMINAL OFFENSE, VIOLATE THE RIGHTS OF ANY PARTY OR OTHERWISE GIVE RISE TO LIABILITY OR VIOLATE ANY LAW, (III) MAY CONTAIN SOFTWARE VIRUSES, POLITICAL CAMPAIGNING, CHAIN LETTERS, MASS MAILINGS, CHARITY REQUESTS, ADVERTISING, PETITIONS FOR SIGNATURES, WORMS, "TROJAN HORSES" OR ANY FORM OF "SPAM." YOU MAY NOT USE A FALSE EMAIL ADDRESS, IMPERSONATE ANY PERSON OR ENTITY OR OTHERWISE MISLEAD AS TO THE ORIGIN OF ANY CONTENT. YOU MAY NOT UPLOAD COMMERCIAL CONTENT ONTO THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ALTADIS U.S.A. INC. AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SUPPLIERS, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.
ALTADIS U.S.A. INC. IN ITS SOLE DISCRETION RESERVES THE RIGHT TO DELETE, BLOCK OR REMOVE ANY MATERIALS THAT ALTADIS U.S.A. INC. DEEMS TO BE UNLAWFUL, INFRINGING, DEFAMATORY, LIBELOUS, ABUSIVE, THREATENING, OBSCENE, OFFENSIVE, FRAUDULENT, DECEPTIVE, INAPPROPRIATE OR OTHERWISE UNACCEPTABLE TO ALTADIS U.S.A. INC. OR ANY OTHER PARTY.
F. Provisions Regarding Jurisdiction
ALTADIS U.S.A. INC. IS INCORPORATED IN KENTUCKY, AND THIS SITE IS OPERATED THROUGHOUT THE UNITED STATES. THE LAWS OF THE STATE OF FLORIDA GOVERN THESE TERMS AND CONDITIONS AND YOUR USE OF THE SITE, AND YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED IN FLORIDA FOR ANY ACTION TO ENFORCE THESE TERMS AND CONDITIONS. WE RECOGNIZE THAT IT IS POSSIBLE FOR YOU TO OBTAIN ACCESS TO THIS SITE FROM ANY JURISDICTION IN THE WORLD, BUT WE HAVE NO PRACTICAL ABILITY TO PREVENT SUCH ACCESS. THIS SITE HAS BEEN DESIGNED TO COMPLY WITH THE LAWS OF FLORIDA AND OF THE UNITED STATES. IF ANY MATERIAL ON THIS SITE, OR YOUR USE OF THE SITE, IS CONTRARY TO THE LAWS OF THE PLACE WHERE YOU ARE WHEN YOU ACCESS IT, THE SITE IS NOT INTENDED FOR YOU, AND WE ASK YOU NOT TO USE THE SITE. YOU SHOULD INFORM YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLY WITH THEM.
G. General Limitation of Liability; Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ALTADIS U.S.A. INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALTADIS U.S.A. INC. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ALTADIS U.S.A. INC. DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT ALTADIS U.S.A. INC. ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR ANY OTHERS INVOLVED IN THE CREATION OF THE SITE, INCLUDING THIRD PARTY CONTENT PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES ARISING OUT OF ACCESS TO OR USE OF ANY CONTENT OF THIS SITE OR THE CONTENT OF ANY SITE OR SITES LINKED TO THIS SITE, INCLUDING BUT NOT LIMITED TO ALTADIS U.S.A. INC.'S NEGLIGENCE, YOUR ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF, OR MATERIAL POSTED BY, ANY USER OF THE SITE, OR FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR OTHER PROPERTY, DURING OR ON ACCOUNT OF ACCESS OR USE OF THE SITE OR ANY SITES TO WHICH THIS SITE LINKS, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY COMPUTER SOFTWARE ROUTINES SUCH AS VIRUSES, "WORMS" OR "TROJAN HORSES," "TIME BOMBS," "DROP DEAD DEVICES."
THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
H. Coupon Policy
LIMITED TO SMOKERS 21 YEARS OF AGE OR OLDER. OFFER AVAILABLE FOR A LIMITED TIME ONLY. VOID OUTSIDE THE U.S.A. AND WHERE PROHIBITED BY LAW. LIMITED TO ONE COUPON OFFER PER PERSON DURING OFFER PERIOD.
I. Severability and Termination
IF ANY PROVISION OF THIS AGREEMENT IS UNLAWFUL, VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THE AGREEMENT SHALL REMAIN VALID. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND ALTADIS U.S.A. INC. WITH RESPECT TO USE OF THE SITE, SUPERSEDING ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS. A PRINTED VERSION OF THESE TERMS AND CONDITIONS SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED ON OR RELATING TO USE OF THE SITE TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.
ALTADIS U.S.A. INC. MAY TERMINATE THESE TERMS AND CONDITIONS, TERMINATE OR SUSPEND ANY OF YOUR PASSWORDS OR ACCOUNTS AND DENY YOU ACCESS TO THE SITE AT ANY TIME, IMMEDIATELY AND WITHOUT NOTICE, IF IN ITS SOLE DISCRETION ALTADIS U.S.A. INC. CONSIDERS ANY OF YOUR CONDUCT UNACCEPTABLE OR IN THE EVENT YOU FAIL TO COMPLY WITH ANY TERMS AND CONDITIONS.
J. Questions and Comments
IF YOU HAVE ANY COMMENTS REGARDING THE SITE OR THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE, PLEASE CONTACT US: PHONE: 1-888-262-2511. EMAIL: MEMBERS@DUTCHMASTERSCIGARS.COM
DUTCH MASTERS “MASTER YOUR EVERYDAY” INSTANT WIN GAME AND SWEEPSTAKES (“Promotion”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PLAY OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN TO LEGAL RESIDENTS OF THE 50 U.S. STATES AND WASHINGTON D.C. (“D.C.”) (EXCLUDING RESIDENTS OF MASSACHUSETTS, MICHIGAN AND VIRGINIA AND WHEREVER PROHIBTED BY LAW) WHO ARE TOBACCO CONSUMERS 21 YEARS OF AGE OR OLDER AT THE TIME OF GAME PLAY/ENTRY. ALL WINNERS WILL BE AGE VERIFIED.
THIS PROMOTION IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT PLAY/ENTER IF YOU ARE NOT ELIGIBLE AND DO NOT RESIDE IN THE UNITED STATES AT THE TIME OF GAME PLAY/ENTRY.
1. ELIGIBILITY: Open to legal residents of the 50 U.S. States and Washington D.C. (“D.C.”) (excluding residents of Massachusetts, Michigan, and Virginia, and wherever prohibited by law) who are tobacco consumers 21 years of age or older at the time of participation. Employees, officers and directors of Altadis U.S.A. Inc. (“Sponsor”), its parent, affiliates, subsidiaries, wholesalers, distributors, retailers, sales representatives, advertising and promotion agencies, including but not limited to Arrowhead Promotion and Fulfillment Co., Inc. (“Administrator), and web masters/suppliers (collectively, the “Released Parties”) and their immediate families (spouse, children, parents, siblings, and their respective spouses, grandparents, step parents, step children and step siblings, regardless of where they reside) and household members are not eligible. By participating in this Promotion, participants agree to abide by these Official Rules and the decisions of the independent judging organization (“Judges”), which are final and binding in all matters relating to this Promotion. Promotion subject to applicable federal, state and local laws and regulations.
2. PROMOTION PERIOD: Promotion begins at 12:00:00 am Eastern Time (“ET”) on February 1, 2015 and ends on April 30, 2015 at 11:59:59 pm ET (“Promotion Period”). The Promotion consists of an instant win game (the “Instant Win Game” or “Game”) and a sweepstakes (the “Sweepstakes”).
3. HOW TO PLAY THE INSTANT WIN GAME: There are three (3) ways to play the Game during the Promotion Period:
You will be notified immediately following a game play if you are a winner of a Game Prize (as defined below) regardless of the method of game play. If your computer/mobile device screen displays the following message: “Congratulations! You’re A Winner”, you are a winner (subject to verification) of the Game Prize indicated. If your computer/mobile device screen does not display the prize-winning message, or displays any other message, you are not a winner of a Game Prize.
Prizes are seeded at randomly selected times throughout the Promotion Period. Limit one (1) game play per person/email address/cell phone number per day (regardless of method of play). A “day” is defined as beginning at 12:00:00 am ET and ending at 11:59:59 pm ET that same calendar day. Sponsor’s clock is the official clock for this Promotion.
4. HOW TO ENTER THE SWEEPSTAKES: Each participant who successfully completes a game play will automatically receive one (1) entry into the Sweepstakes, regardless of whether they win a Game Prize.
General Prize Restrictions: In no event will Sponsor be responsible for awarding more than the stated number of Game Prizes detailed herein. No transfer, substitution or cash equivalent for any prize, in whole or in part, will be permitted except at Sponsor’s sole discretion, and only then for a prize of greater or equal value as determined by Sponsor. Prizes will be awarded in compliance with any federal and state laws and applicable local ordinances. If a winner of any such prize is ineligible to receive such a prize under relevant federal, state, or local laws and regulations, or for any other reason, such prize will be forfeited and no substitution will be provided. Prizes are subject to verification of eligibility and compliance with the Official Rules. Unclaimed prizes will not be awarded.
6. ODDS: Game Prizes are randomly time-seeded throughout the Promotion Period and awarded to the person who plays on or after the time the Game Prize is randomly seeded, regardless of the method of game play. Odds of winning a Game Prize depend on the number of eligible game plays received, and the order in which they are received. Odds of winning a Sweepstakes Prize depend on the number of eligible entries received throughout the entire Promotion Period.
7. SWEEPSTAKES DRAWING: The Sweepstakes Prize winner will be selected in a random drawing by an independent judging organization from among all eligible entries received during the Promotion Period regardless of the method of entry/game play on or about May 7, 2015. Judges’ decisions are final in all matters relating to the drawing.
8. PRIZE WINNER NOTIFICATION/VERIFICATION: All winners must be adult tobacco consumers, age 21 or over at the time of game play/entry, and are subject to age verification. All potential Game Prize winners will be notified immediately after game play, as described in Section 3 of these Official Rules. The potential Sweepstakes Prize winner will be notified by U.S. postal mail on or about May 14, 2015. As a condition of acceptance, the Sweepstakes Prize winner will also be required to complete, sign and return within fourteen calendar (14) days of notification, an Affidavit of Eligibility, Acceptance, Publicity (where legally permitted) and Liability Release. These documents will include a representation that such winner is a tobacco user and at least twenty-one (21) years of age, or else such potential Sweepstakes Prize winner will be disqualified. If a potential Game Prize winner is disqualified during the Promotion Period, the Game Prize will be eligible to be won again by another player. In the event the Promotion Period has already expired upon such disqualification, the prize will not be given. Game Prizes will be shipped to the winners within 6-8 weeks of verification. Sponsor assumes no responsibility for a failure to contact a potential prize winner because that potential prize winner failed to maintain or update his/her contact information. Sponsor is not responsible for lost, late, damaged, mutilated, delayed or returned mailing of Game Prizes. Federal, state and local income and other taxes on the prizes, and any other fees or costs associated with the prizes, if any, are solely the responsibility of the winners, regardless of whether the prize, in whole or in part, is used. For tax reporting purposes, the Sweepstakes Prize winner will be required to provide Sponsor with a valid social security number or tax identification number before the Sweepstakes Prize will be awarded. Sweepstakes Prize winner will be issued an IRS 1099 tax form for the cash value of the Sweepstakes Prize.
9. GENERAL CONDITIONS: By participating in this Promotion, participants agree to (a) be bound by these Official Rules and by the interpretation of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Promotion, (b) release and hold harmless Released Parties, from any and all liability, for any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of a prize, including any travel related thereto, or participation in this Promotion, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action.
10. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, stolen, misdirected, inaccurate or non-delivered game plays or entries, or any other mechanical, technical or human error of any type whatsoever and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Promotion or the Website, to be acting in violation of the terms of the Website or any other website involved in the Promotion, or to be acting in a disruptive manner, or with intent to annoy, threaten, abuse or harass any other person. Released Parties are not responsible for injury or damage to participant’s or any other person’s computer or cellular telephone related to or resulting from participating in this Promotion or downloading or copying materials from or use of Website. If the Promotion is not capable of running as planned for any reason which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion, and to conduct a random drawing to award the prizes from among all eligible, non-suspect participants who participated in the Promotion up to the point such corruption occurred, or as otherwise deemed fair and equitable by Sponsor. If due to a computer programming or other error, more Game Prizes are claimed than intended to be awarded, Game Prizes will be awarded in a random drawing from among all Game Prize claims received. All potentially winning game plays and entries are subject to verification in the sole discretion of the Sponsor. Should multiple users of the same e-mail or cellular telephone account play the Game and enter the Sweepstakes, and a dispute thereafter arises regarding the identity of the participant, the Authorized Account Holder of said e-mail or cellular phone account at the time of play will be considered the participant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address, or the natural person who is assigned the cellular telephone number by a cellular telephone company.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE OR PARTICIPATION IN THIS PROMOTION, INCLUDING THE ACCEPTANCE AND USE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
Any Promotion materials including, without limitation, the Abbreviated Rules, these Official Rules, advertising and promotional materials and announcement of winners containing production, printing or typographical errors or obtained outside authorized, legitimate channels are automatically void; and the liability of Sponsor, if any, is limited to the replacement of such materials and recipient, by participating, releases Sponsor, its parent, subsidiaries, advertising and promotion agencies, the Judges and their respective officers, directors, employees and agents from any and all losses, claims or damages that may result therefrom. Any inconsistencies between any advertising or other promotional announcements or any Abbreviated Rules and these Official Rules shall be resolved in favor of these Official Rules.
11. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply FLORIDA law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE PROMOTION, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.
12. CHOICE OF LAW: Except where prohibited by law each participant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor, its vendors, contractors, agencies and partners shall be governed by and construed exclusively in accordance with the laws of the State of FLORIDA without giving effect to any principles of conflicts of law of any jurisdiction. Any matters or proceedings which are not subject to arbitration as set forth in Section 11 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of FLORIDA in the County of BROWARD.
13. WINNERS’ LIST: To obtain a list of the prize winners, available after the Promotion Period has ended, through May 30, 2015, send a self-addressed stamped envelope to: Dutch Masters “Master Your Everyday” Promotion Winners’ List, P.O. Box 2352, Grand Rapids, MN 55745-2325. Winners’ Lists will be mailed after all winners have been determined and verified.
14. SPONSOR: Altadis U.S.A. Inc., 5900 North Andrews Avenue, Suite 600, Fort Lauderdale, FL 33309.
The UPC (or barcode) can generally be found on the product or wrapper. It is usually in a white box with black vertical stripes and a series of numbers on the bottom. In some instances, the UPC may be applied as a sticker on the product.