NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY SUBMITTING A PHOTO, ESSAY AND VIDEO IN THIS CONTEST, THE ENTRANT HEREBY ACKNOWLEDGES AND AGREES THAT THE PHOTO, ESSAY AND VIDEO MAY APPEAR ON SPONSOR’S WEBSITE AND OTHER MARKETING MATERIALS.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
1. Eligibility: The Free Spirits Flyaway Contest (the "Contest") is open only to legal residents of the 50 United States and Washington D.C. , who are tobacco consumers 21 years of age or older at the time of participation and have a registered username (“Username”) and password provided by the Sponsor. Contest void where prohibited by law. No purchase necessary to acquire a username (To Obtain a free Username see Rule #4 below). No purchase necessary to enter the Contest. Employees of Santa Fe Natural Tobacco Company, PO Box 2959 Winston-Salem, NC 27102 (the "Sponsor"), Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th Street, Grand Rapids, MN 55744 ("Administrator”), TNC Events, LLC (“Contest Participant”) (collectively, the “Contest Entities” or "Released Parties”), and any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members of each such employee are not eligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations. 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 Contest. Winning and claiming a prize is contingent upon fulfilling all requirements set forth herein. Limit one Submission entry per person.
2. Contest Periods: The Contest consists of the following two (2) time periods:
a. The entry period begins on June 1, 2022 at 12:00:00 PM (noon) Eastern Time (“ET”) and ends July 31, 2022 at 11:59:59 PM ET (the “Contest Entry Period”).
b. The grand prize judging period will begin August 1, 2022 and ends on August 15, 2022 (“Grand Prize Judging Period”).
3. How to Enter: To participate, you must have a Username (as described in Rule #1). If you do not have a Username, see “How to obtain a free Username and update your Username contact information” in bullet #4 below. To enter the Contest, eligible entrants can visit www.AmericanSpirit.com (“Website”) during the Contest Entry Period (defined in Official Rule #2 (a) above) to find, complete and submit the online entry form and complete the following four (4) required steps to enter:
a. Quiz: take and score at least 6 out of 10 on the “Test Your Natural American Spirit Knowledge” quiz (you can take the quiz as many times as you wish)
b. Essay: write and submit an essay (250 characters minimum, 1000 characters maximum) answering the question: “What Would A Trip To Santa Fe Mean To You?”
c. Video: submit an up-to 1 minute (no longer than one (1) minute) video of you telling us “What Sets Your Spirit Free?” and pursuant to the uploading specification set forth on the Website.
d. Photo: submit a selfie (photo) of yourself in portrait mode with minimal background, with no logos or third parties included in the Photo and pursuant to the uploading specifications set forth on the Website.
The entry form, Quiz, Essay, Video and Photo are all collectively referred to herein as a “Submission”. In order to be a valid Submission, entrant must agree to the official rules, must get at least 6 out of 10 questions correct on the Quiz, and submit an essay, video and photo. All entries must be received by 11:59:59 PM ET on July 31, 2022 to be eligible for the Contest. Sponsor is not responsible for any technical issue relating to the entry, including any issues with uploading the Submission. Limit one (1) entry per person during the entire Contest Entry Period. The Video and Photo must be filmed/taken in portrait mode (if you are using your smart phone, by holding the phone vertically), feature ONLY the entrant, and not include any logos or third parties.
4. How to obtain a free Username and update your Username contact information: A valid Username issued by Sponsor and password will be required to participate in the Contest. A Username and password can be obtained for free at the Website by registering. No responsibility is assumed for failure to contact an entrant due to that entrant’s failure to maintain or update his/her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. Each entrant is responsible for the security of his/her Username and password. Each entrant should take precautions to keep his/her Username and password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages or consequences one may suffer due to careless or unauthorized use of a Username or password. Entrants must use only one (1) Username and password and must use the Username and password assigned to entrant by Sponsor. Should any entrant attempt to use more than one Username and/or password, or a Username and/or password that was not assigned to entrant, that entrant and their Submission will be disqualified in Sponsor’s sole discretion.
By registering for a Username, entrants will automatically be added to the Sponsor's email and mailing distribution list. You may subsequently opt out of either distribution list by calling toll-free 1-800-334-8157 or logging on to www.AmericanSpirit.com and making changes within your profile regarding the receipt of email and/or mail from Sponsor. Opting out of either distribution list will not affect entrant's chance of winning. Please see Sponsor's Privacy Policy located at https://www.AmericanSpirit.com/FooterLinks/PrivacyPolicy for details regarding the use of personal information collected in connection with this Contest. If you are selected and verified as a winner, your information may also be included in a publicly-available winner’s list.
5. Submission Entry Requirements: Entrants agree to and understand that Submission entries will be made available to the public, including without limitation, posting on the Internet and may appear in Sponsor’s advertising and marketing materials. Whether or not Photo entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Videos, Essay or Photo entries. Therefore, do not include any personally identifiable information in your Submission.
a. The Submission entry must not have been submitted previously in any Contest of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
b. Each Submission entry must be an original creation of the submitting entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Video or Photo entry and each Video, Essay or Photo entry must be free of any and all liens, encumbrances and claims of third parties. Entrant agrees to indemnify and hold harmless each of the Contest Entities and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by entrant of these Official Rules or the warranties and representations made by entrant in this paragraph. Modifying, enhancing or altering a third party's pre-existing work does not qualify as entrant's original creation.
c. By uploading the Submission entry and in consideration of it being reviewed and judged by Sponsor and Contest Entities, the entrant agrees, for no additional compensation, to grant to Sponsor all intellectual property rights in the Submission entry and each of its constituent parts, which rights include, without limitation, the Sponsor's right to publish, make available to the public and/or reproduce the Submission entry through any media available at any time during, or after, the Contest Period on any related websites, in any promotional materials, whether related or un-related to the Contest, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Contest. In addition, entrant warrants that any so called "moral rights" in the Submission have been waived and entrant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not entrant has been awarded a prize in connection with any such Submission or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Contest Entities, and each of their parent, subsidiaries, and affiliates and each of their respective owners, employees, directors, officers, agents, and subcontractors from all claims, demands, and causes of action of any nature whatsoever which entrant or entrant's heirs, representatives, executors, administrators, or any other persons acting on entrant’s behalf or on behalf of entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Submission entry and any portion thereof, or the likeness of any natural person therein.
Submission Content Restrictions
Submissions must not contain material that:
a. Contains or depicts someone smoking or intoxicated;
b. Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
e. Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
f. References persons or organizations without their written permission;
g. Disparages any persons or organizations;
h. Includes threats to any person, place, business, or group;
i. Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations.
j. Includes personally identifiable information of the entrant or any third party.
k. Includes health-related material.
l. Includes material that may be appealing to youth or would otherwise be inappropriate for Sponsor to use in marketing.
Failure of any Submission to comply with the above "Submission Entry Requirements" and "Submission Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Contest or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. All Submissions entries shall become the exclusive property of Sponsor and will not be returned. Submissions must be suitable and appropriate for presentation in a public forum, in sole determination of Sponsor.
6. Judging Criteria/Grand Prize Winner Selection: During the Grand Prize Judging Period, all eligible Submissions received during the Contest Entry Period will be judged by an independent judging panel using the following judging criteria and percentages:
The written response and video will each receive a score out of 100 based on the criteria below. The quiz and photo are not judged and have no bearing on the score.
ESSAY accounts for 50% of the score and is weighted as follows:
What would a trip to Santa Fe mean to you?
• Originality/Creativity – 30% (Scoring scale 0-30 points)
• Emotionally stirring (funny, sentimental, etc.) – 50% (Scoring scale 0-50 points)
• Excitement about Santa Fe Flyaway – 20% (Scoring scale 0-20 points)
VIDEO accounts for 50% of the score and is weighted as follows:
What makes you a free spirit?
• Originality/Creativity – 30% (Scoring scale 0-30 points)
• Emotionally stirring (funny, sentimental, etc.) – 50% (Scoring scale 0-50 points)
• Connection to the brand – 20% (Scoring scale 0-20 points)
The top twenty (20) highest scoring Submissions using the above judging criteria will be deemed the Grand Prize winners. In the event of a tie, the Submission with the highest score in the collective essay and video originality/creativity criteria will be deemed the winner from among all tying Submissions. Sponsor reserves the right to award less than 20 Grand Prizes in the event insufficient entries are received during the Contest Entry Period.
7. NOTIFICATION OF POTENTIAL GRAND PRIZE WINNER: Sponsor or Administrator will contact the potential Grand Prize winner on or about August 16, 2022 to verify the eligibility. Sponsor/Administrator will make up to three (3) attempts to contact each potential Grand Prize winner. In the event he Sponsor/Administrator are not able to reach a potential Grand Prize winner to verify eligibility, that winner forfeits their right to the Grand Prize, and the next highest scoring Submission using the judging criteria above will be selected as an alternate Grand Prize winner, time permitting. Each potential Grand Prize winner will be required to provide proof, to Sponsor’s satisfaction, of his/her eligibility, including without limitation, proof of age, and residence. Potential Grand Prize winners will be asked to complete, sign and return within five (5) days an Affidavit of Eligibility; a Release of Liability; an Assignment of Rights; a Publicity Release; an IRS Form W-9 (collectively, the “Documentation”). Failure to complete the Documentation as required may result in potential Grand Prize winner’s disqualification and forfeiture of related prize, at Sponsor’s sole discretion, and selection of an alternate Grand Prize winner based on the next highest score in the judging criteria, time permitting.
In addition, Sponsor reserves the right, in its sole discretion, to disqualify a potential winner for any of the following reasons: (a) non-compliance with these Official Rules; (b) in the event that the potential Grand Prize winner notification is returned as undeliverable; or (d) information showing that the Entry was defective or failed to comply with these Official Rules.
8. Prize and Approximate Retail Value (“ARV”) – Twenty (20) Grand Prizes – A trip for Grand Prize winner and one (1) guest to Santa Fe, NM either October 19-23, 2022 OR April 19-23, 2023 (please note, the specific dates will first be upon Grand Prize winner’s request, but each set of dates can only take up to ten (10) Grand Prize winners, and once one set of dates fills up, that set of dates will no longer be available as an option for the Grand Prize winner). Trip includes roundtrip airfare for two (2) people from major airport nearest winner’s residence to Santa Fe, NM; four (4) night hotel accommodations (one standard room, double occupancy) at a Sponsor-specified hotel, roundtrip ground transportation between airport and host hotel for arrival/departure, and to and from locations/attractions and meals and beverages during planned group activities (winners are responsible for all costs incurred during unplanned activities). The Grand Prize winner will also receive $5,000 in the form of a check depending on winner’s tax impact, to help off-set the tax burden associated with the Grand Prize. Total ARV of the Grand Prize: $29,306 each. Total ARV of all Grand Prizes is $586,120. Guest must be at least 21 years of age or older and sign a companion release prior to issuance of trip. Trip must be taken on dates specified by Sponsor or will be forfeited. In the event a Grand Prize winner resides within a 300-mile radius of Santa Fe, NM, ground transportation may be provided in lieu of airfare, at Sponsor’s sole discretion, and the difference between the stated ARV and actual ARV will not be awarded. Sponsor is not responsible in the event of a COVID-19 or other pandemic situation that interrupts the enjoyment of the Grand Prize, or that requires cancellation by the Grand Prize winner or Guest, or portion thereof. No refunds will be awarded and no rain checks will be offered. All other expenses (including, without limitation, meals/beverages, ground transportation, telephone charges, optional excursions, souvenirs, and all federal, state and local taxes (including applicable income taxes)) incurred are the winner's sole responsibility. Travel dates are final and will not be extended. Trip is non-transferable and cannot be exchanged for cash. Sponsor reserves the right, in its sole discretion, to substitute the prize, or any portion thereof, for one of equal or greater value. The winner and guest(s) may be required to travel together on the same itinerary, at Sponsor’s sole discretion Winner must have a valid credit card to check into the hotel for incidentals. The trip is subject to the policies, practices and procedures of the hotel and airline, including any policies relating to COVID-19. The Sponsor reserves the right to substitute a different prize of approximately equivalent value in its sole discretion.
Prize is non-transferrable, and not substitutable. Sponsor may substitute the prize for one of equal or greater value at Sponsor’s sole discretion for any reason. Winners may be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize. A 1099 form may be submitted to all appropriate taxing authorities. The winners must meet the eligibility requirements as set forth in Paragraph 1 of these Official Rules.
9. Claiming the Prize: Upon receipt of the Documentation and completion of winner verification (including Sponsor’s acceptance of background check results), Sponsor or Administrator will email the Prize details to that winner. Sponsor and Administrator are not responsible for lost, late, delayed, damaged, stolen or technical glitches associated with emailing of any Prize details. All unclaimed or returned prizes remain the property of Sponsor.
10. Participation Conditions/Release/Consent to use Likeness: By participating, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Released Parties from and against any and all claims, expenses, and liability, including, but not limited to, negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant's participation in this Contest, and acceptance or use or misuse of prize; (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorney’s fees) arising out of or relating to an entrant's participation in the Contest and/or entrant's acceptance, use or misuse of prize; and (d) allow Sponsor’s use for promotional purposes of his/her likeness, voice and/or address (city/state), clips from participant essay and/or video and/or selfies without any additional compensation.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, for any reason whatsoever, including, without limitation, fire, flood, natural or man-made pandemic or epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the participation process or the operation of the Contest or to be acting in violation of these Official Rules or any other Contest or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest 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. Only the type and quantity of prize described in these Official Rules will be awarded. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a discrepancy between these Official Rules and the Abbreviated Rules or any marketing material regarding the Contest, these Official Rules will control.
12. Limitations of Liability: The Released Parties as set forth above 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 Contest; (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 participation process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of phone calls; 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 Contest or receipt or use or misuse of any Prize.
13. Privacy Policies and Data Collections: Information provided by you for this Contest on the entry form, including is subject to Sponsor’s privacy policy: www.AmericanSpirit.com/secure/footer-links/privacy-policy as applicable. By entering this Contest, each entrant agrees that the Sponsor and/or Administrator has the right to contact the entrant by phone, direct message, or email accounts provided on the Entry Form to administer and fulfill this Contest.
14. Disputes/Governing Law: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest, other than those concerning the administration of the Contest or the determination of Winners or for any disputes arising from the loss or injury from the participation in a Prize, shall be resolved individually, without resort to any form of class action; (ii) any disputes arising out of these Official Rules (except for any disputes arising from the loss or injury from the use of Prizes) shall be submitted to final, binding arbitration conducted in North Carolina under the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services Inc. before a single, neutral arbitrator who is a former or retired North Carolina state or federal court judge with experience in entertainment matters who shall follow North Carolina law and the Federal Rules of Evidence and have no authority to award punitive damages. Either party may enforce a final arbitration award in any court of competent jurisdiction in North Carolina, including an award of costs, fees and expenses incurred in enforcing the award. Notwithstanding the foregoing, Released Parties shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Official Rules) in the state and federal courts of North Carolina. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Official Rules), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in 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 Contest, 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 Contest, shall be governed by, and construed in accordance with, the laws of the North Carolina, without giving effect to any choice of law or conflict of law rules (whether of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than North Carolina.
15. Contest Winners: Abbreviated names for the Winners will be available after October 1, 2022 on www.AmericanSpirit.com.
16. Official Rules: For a copy of these Official Rules see the Website www.AmericanSpirit.com during the Contest Period.
17. Sponsor: Santa Fe Natural Tobacco Company, PO Box 2959, Winston-Salem, NC 27102.
Administrator: Arrowhead Promotion & Fulfillment Co., Inc., 1105 SE 8th Street, Grand Rapids, MN 55744.