THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY, AND IS GOVERNED BY U.S. LAW. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF PARTICIPATION OR ARE OTHERWISE NOT ELIGIBLE.
OFFICIAL RULES
NATURAL AMERICAN SPIRIT EARTH DAY SWEEPSTAKES
(“SWEEPSTAKES”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
Eligibility: The Natural American Spirit Earth Day Sweepstakes (the "Sweepstakes") is open only to legal residents of the 50 United States and Washington D.C. (Excluding residents of MA, MI and U.S. Territories) 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. Sweepstakes is 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 Sweepstakes. 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”), (collectively, the “Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. Winning and claiming a prize is contingent upon fulfilling all requirements set forth herein. Limit one Submission entry per person.
2. SWEEPSTAKES OVERVIEW: The Sweepstakes (the “Sweepstakes”) Prizes will be awarded in a random drawing. By agreeing to abide by the Official Rules and signing up for SMS (defined below), you are automatically entered into the Sweepstakes portion of the Sweepstakes. See Rule #4 for details.
3. SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00:00 p.m. Eastern Time (“ET”) (noon) on April 3, 2023 and ends at 11:59:59 a.m. ET on April 30, 2023 (“Sweepstakes Period”). Sponsor's computer is the official clock for this Sweepstakes.
4. HOW TO PARTICIPATE: To participate, you must be registered on the www.americanspirit.com website (“Website”) with an account and 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” below.
Once you have a Username, there are two (2) ways to enter: (1) Sweepstakes Ad Invite: To enter via this method of entry, look for the Sweepstakes mention in an email from Sponsor, or in a banner ad from Sponsor, during the Sweepstakes Period (collectively, the “Sweepstakes Ad”). Then, click the link in the Sweepstakes Ad, which will take you to a website asking you if you want to enter the Sweepstakes. If you select “yes” and have not already opted in to receive text messages from Sponsor, you will be directed to an SMS entry page where you will be required to enter your mobile phone number, go through the age verification process, opt-in to receiving text messages, and agree to the Terms and Conditions in order to be automatically entered in the Sweepstakes random drawing. OR (2) Text Message Invite: If you have already opted in to receive text messages from Sponsor, you will receive a text message asking you if you would like to enter the Sweepstakes. The message will contain a link to click on prompting the user to log in and agree to the terms and conditions. Once completed you will automatically receive one entry into the Sweepstakes random drawing. PLEASE NOTE: you must stay opted in to receive text messages from Sponsor throughout the Sweepstakes Period, if selected as a winner, in order to be deemed an official Grand Prize winner.
All entries must be received by 11:59:59 a.m. ET on April 30, 2023 eligible for the random drawing. Limit one (1) entry per person during the entire Sweepstakes Period. Any attempt by any person to submit more than one (1) entry during the Sweepstakes Period by using multiple/different mobile numbers or any other methods will be disqualified.
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 Sweepstakes. 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 Sweepstakes. If you are selected and verified as a winner, your information may also be included in a publicly-available winner’s list.
5. SWEEPSTAKES - RANDOM DRAWING: One (1) Grand Prize winner will be selected by random drawing from all eligible entries received during the Sweepstakes Period. Such drawing will be held on or about May 1, 2023, after 12:00:00 PM ET (noon), where one (1) Grand Prize winner will be selected from among all eligible entries received.
6. PRIZES/ODDS: See below for all prize details and their associated Approximate Retail Values (each an “ARV”).
Grand Prize – One (1) Prize will be awarded consisting of a trip for winner and guest to Key West, Florida to participate in Coralpalooza 2023. Travel dates: June 8, 2023 – June 11, 2023. Trip consists of round-trip coach class air transportation from a major U.S. gateway airport nearest winner’s residence (as determined by Sponsor in its sole discretion) single-occupancy accommodations (one [1] room) for three (3) nights, two (2) tickets to Coralpalooza in Key West, Florida and $1,000.00 stipend (awarded in the form of a check, payable to winner). Approximate Retail Value (“ARV”): $4,450.00. A total of One (1) Grand Prize will be awarded via the Sweepstakes random drawing.
Trip must be taken June 8, 2023 – June 11, 2023 or will be forfeited and go unawarded. Blackout dates may apply and reservations will be required. Valid credit card will be due at hotel check-in. Sponsor reserves the right in its sole discretion to substitute the prize, or any portion thereof, for one of equal or greater value, for any reason. All expenses not specifically listed in these Official Rules (including but not limited to meals, incidentals, tips, telephone calls, ground transportation to/from the airport) are sole responsibility of the Grand Prize winner. The prize will be awarded only if the potential winner fully complies with these Official Rules. Prize consists of only those items specifically listed as part of the prize. Tickets and certificates are subject to the terms, conditions and restrictions printed on the tickets. No cash or other substitution allowed by Winner except Sponsor may substitute the prize, or any portion thereof, for a prize of equal or greater value at Sponsor’s sole discretion for any reason. In the event the Grand Prize winner lives within 150 miles of Florida, ground transportation will be awarded in lieu of airfare and the difference between the stated ARV and actual ARV will not be awarded. All local, state, and federal taxes on the Prize are winner’s sole responsibility. Taxes and fees are subject to change upon notice from Sponsor and are nonrefundable. Winner is responsible for charges incurred for winner name changes or trip cancellations. Winner and guest must travel on the same itinerary. Additional air carrier baggage charges are the responsibility of the traveling passenger. Any optional service fees including seat selection, meals, and drinks are not included and are the responsibility of the traveling passenger. If the winner and his/her guest miss the initial flight as scheduled to Florida, the winner will forfeit the prize. Guest must be at least 21 years of age or older, and will be required to sign a liability and/or publicity release (“Prize Release”) prior to issuance of a prize.
Winner must accept Prize as stated by Sponsor, or prize may be forfeited. Any difference between the actual value of the prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded. Grand Prize Winner may not substitute, assign or transfer a prize or redeem a prize for cash. Sponsor reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion. Unclaimed Grand Prize will not be awarded. Prize is awarded "as is" with no warranty or guarantee, either expressed or implied by Sponsor. Use of any prize is at the prize winner’s risk. Neither Sponsor nor the Sweepstakes Parties make any representations or warranties whatsoever regarding the prizes offered in the Sweepstakes. The only applicable warranty is the manufacturer’s standard written warranty included in the prize packaging or otherwise communicated to winner (if any).
Odds of winning a Sweepstakes Prize depend on the total number of eligible entries received. Total Approximate Retail Value (ARV) of one (1) Grand Prize awarded is $4,450.00
Limit one (1) Grand Prize winner per person during the entire Sweepstakes Period.
7. GENERAL CONDITIONS: By participating in the Sweepstakes, (a) entrants agree that Sponsor and Sweepstakes Parties and all of their respective officers, directors, employees, representatives and agents are indemnified, released and will be held harmless by entrants from any and all liability, including 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 or his/her participation in this Sweepstakes or any Sweepstakes-related activity; and (b) winners grant (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information at any time or times for advertising, trade, publicity and promotional purposes (including the advertising and Sweepstakes of tobacco products) in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law. All winners are subject to age verification and confirmation that they meet the eligibility criteria set forth in Rule #1.
Winner is receiving prize with a total value of $600 or more in a single calendar year will be required to complete, sign and return an Affidavit of Eligibility and Liability Release and, where lawful, a Publicity Release within seven (7) days of notification.
Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Reporting and payment of federal, state and local income and other taxes on the prizes, if any, are solely the responsibility of each winner. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. LIABILITY LIMITATIONS: Sponsor and Sweepstakes Parties are not responsible for lost, late, stolen, misdirected, or non-delivered entries, mail, or other communications, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website or other connections availability (including, without limitation, a Sponsor update to the Website that results in the Website becoming unavailable or otherwise disrupted for a period of time), accessibility or traffic congestion, miscommunications, or failed computer, network, telephone, satellite, cable hardware, software or lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network, or the incorrect or inaccurate capture of entries or other information or the failure to capture or the loss of any such information. Sponsor, its agencies, Web masters/suppliers, vendors and contractors are not responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Sweepstakes 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 Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Sweepstakes or Website, to be acting in violation of the terms of the Website or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor, its agencies, and Web masters/suppliers are not responsible for injury or damage to entrant's or any other person's computer or other device related to or resulting from participating in this Sweepstakes or downloading or copying materials from or use of the Website. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and randomly determine winners from eligible, non-suspect entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor.
If due to a computer programming or other error, more entrants are notified and/or prizes are claimed than intended to be awarded according to Rule #4, prizes will be awarded in a random drawing from among all valid prize claims received. Inclusion in such drawing shall be entrant’s sole and exclusive remedy under the circumstances. If a drawing is required, it will be conducted by the administrator of the Sweepstakes who is independent from Sponsor and whose decisions shall be final. In no event will Sponsor be liable to award more than the stated number of prizes in Rule #4. All potential winners are subject to verification at the sole discretion of the Sponsor. In the event of an identity dispute, the eligible person to whom the Username was issued by the Sponsor will be deemed to be the entrant and must comply with these Official Rules. Liability for defective entries is limited to another entry, if possible. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPHS SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SPONSOR OR SWEEPSTAKES PARTIES’ NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
IN NO EVENT WILL SPONSOR OR SWEEPSTAKES PARTIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS 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 SWEEPSTAKES INTERNET SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES 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 Sweepstakes materials including, without limitation, the offer, 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 entrant, by participating, releases Sponsor, its parent, subsidiaries, advertising and Sweepstakes agencies, the Sweepstakes’ administrator 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, FAQs or an abbreviated form of the Official Rules and these Official Rules shall be resolved in favor of these Official Rules.
9.BINDING ARBITRATION: Any and all disputes, controversies or claims arising out of or relating to this Sweepstakes 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 North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. 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 ENTRANT’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 ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S SWEEPSTAKES, EACH ENTRANT AND PRIZE WINNER 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 SWEEPSTAKES, 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 ENTRANT OR PRIZE WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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) ENTRANT AND PRIZE WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT 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 ENTRANT.
10. GOVERNING LAW & JURISDICTION: These Official Rules and the Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of laws or choice of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina, and any matters or proceedings which are not subject to arbitration as set forth in Rule #9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Winston-Salem.
11. Sweepstakes Winner: Abbreviated names for the Winners may be available after May 7, 2023, on www.americanspirit.com.
12. Official Rules: For a copy of these Official Rules see the Website www.americanspirit.com during the Sweepstakes Period.
13. 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.