WAVE
“DRESSED IN BLACK” PHOTO CONTEST
OFFICIAL RULES
VALID ONLY IN CALIFORNIA, KENTUCKY AND LOUISIANA.
DO NOT ENTER THIS CONTEST IF YOU ARE NOT SMOKER AT LEAST 21 YEARS OF AGE
AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN
CALIFORNIA, KENTUCKY OR LOUISIANA.
THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW.
1.ELIGIBILITY:
Open only to smokers who are at least 21 years of age and legal residents of California, Kentucky or Louisiana at time of entry. Employees of JT International U.S.A., Inc. (the “Sponsor”), its subsidiaries, agencies, affiliates, wholesalers, distributors, dealers, retailers, vendors, advertising and promotion agencies, and members of the immediate families (spouses and parents, siblings, children and their spouses and in-laws) and persons living in the same household of such individuals (whether related or not) are not eligible.
2.PROMOTION DESCRIPTION:
The Wave “Dressed in Black” Photo Contest (the “Contest” or “Promotion”) runs from 12:00 AM Eastern Time (“ET”) on 4/1/13 through 11:59 PM ET on 6/30/13 (“Promotion Period”). Entrants must submit a photo of themselves showing their “style” with a Wave Collection pack for an opportunity to win a prize.
3.TO ENTER:
To enter the Promotion, visit www.wavecigarettes.com during the Promotion Period and access the online entry form. Complete the entry form, including your name, complete mailing address (no PO Boxes), daytime and evening telephone numbers (including area codes), date of birth, and email address. Upload a photo of you showing your style (be sure to include a Wave Collection pack in the photo) and submit your entry. Upon submission, you will receive one entry into the Contest. All entries must be received by 11:59 pm ET on 6/30/13. Sponsor’s webmaster/supplier’s computer is the official time keeping device of this Promotion.
LIMIT ONE ENTRY PER PERSON. Participants may not enter more than permitted by using multiple/different email addresses, identities or other methods. Any entrant who enters more than once, or uses any device or artifice to circumvent these Official Rules may be disqualified, have his/her entries void, and/or forfeit any prize won.
Photos may be in color or black and white, must only be in JPEG (.jpg) or GIF (.gif) formats and may not exceed a file size larger than 1MB. No other form of entry will be accepted. All entries and accompanying photos become the sole property of Sponsor, and will neither be acknowledged nor returned.
Once submitted, an entry may not be changed, altered or modified. By submitting an entry, entrant represents and warrants that he/she has or has obtained all rights, necessary to permit Sponsor to post his/her entry and name in any and all media, and to otherwise use his/her entry in accordance with the requirements of this Promotion and Official Rules. Entrant further represents and warrants (1) that his/her submission does not violate any law or regulation, (2) that his/her submission does not violate or infringe upon the rights of any third parties, (3) that his/her submission is not defamatory, slanderous or libellous or portray any person in a false light, (4) that his/her submission is his/her own original work (5) that the submission has not been accepted for previous publication or submitted in any competition, and (6) that he/she has followed these Official Rules.
Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, or pornographic material in the Sponsor’s sole discretion. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased. Entries that do not include all required information and/or do not adhere to the foregoing, and/or are deemed inappropriate by the Sponsor will, in the Sponsor’s sole discretion, be considered void and be disqualified from the Contest.
Any entrant can be required by the Sponsor to obtain written permission and/or provide releases and/or licenses from the photographer/artist of the entry photograph at any time. The form of any such permission, release and/or license will be as solely determined by Sponsor. Failure by Sponsor to request such permission(s), release(s) and/or license(s) is not a waiver of Sponsor’s right to require same, and entrants acknowledge that failure to comply with any such request may cause disqualification. By entering, entrant agrees to indemnify and hold harmless the Releases (as defined below) from any action or liability resulting from the publishing of his/her entry photo and/or use of the photo as otherwise permitted by these rules.
4.ENTRY JUDGING/WINNER SELECTION:
On or before 7/12/13, all eligible entries will be judged by a panel of judges selected by Sponsor. Entries will be judged using the following criteria: (a) Style (representation of entrant’s sense of style): 40%; (b) Use of Product (originality and creativity in incorporating WAVE Collection pack): 30%; and (c) Appeal (commercial appeal of the submission and its composition): 30%. In the event of a tie, the tie will be broken based on the highest Style score. The judges’ decisions are final and binding. Sponsor reserves the right in its sole discretion not to award a prize if no eligible entries of sufficient quality are received.
Winners will be notified by phone, email, and/or mail at Sponsor’s sole discretion. Winners will have 10 days to claim their prize. If, after 10 days, a winner has not claimed his or her prize, the winner will be deemed to have forfeited the prize and the next highest scoring entrant will be named the potential alternate winner. To claim the prize, winners must complete, sign and return any and all verifications and documents as required by Sponsor (see Section 6). Odds of winning will be determined by the number of eligible entries received.
5.PRIZES/ODDS:
The three entrants submitting the highest scoring entries, pending verification of their eligibility, will receive the following prize:
(3) First Prizes: one iPad® 16 GB with WiFi. Approximate retail value $499. Any difference between actual value and stated value will not be awarded.
Total approximate retail value of all prizes combined is $1,497.
6.GENERAL:
Taxes on prizes, and expenses not specified in these Official Rules are the sole responsibility of winners. By participating, entrants agree (a) to these rules and decisions of judges which shall be final in all respects; (b) to release and hold harmless Sponsor, its subsidiaries, affiliates and agencies, wholesalers, distributors, dealers, retailers, vendors, advertising and promotion agencies and their respective directors, officers, employees, agents and representatives (the “Releasees”) from any and all claims, demands, costs, expenses, liability, losses or damages of any kind resulting from their participation in the promotion or their acceptance, use, non-use or misuse of a prize, including liability for personal injury or death; c) to grant the Sponsor (not withstanding anything else in these Rules) a license to reproduce and use entry materials for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to use, publish, or otherwise exploit any entry materials (whether altered, changed, modified, edited, used alone, together or with other works and/or used in distorted, illusory or composite form, as solely determined by Sponsor) for any trade, advertising, publicity and promotional purpose without notice, review or approval; (d) if a winner, to the use of name and/or photograph for advertising and publicity purposes without compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so, and to the announcement of their name, city and state; and (e) that Sponsor and its agents have not made any representation, warranty or guaranty, in whole or in part, in law or in fact, relative to the prize. Winners will be required to complete an affidavit or certification of eligibility and liability release and (where legal) a publicity release, which must be returned within the time period specified by Sponsor or an alternate winner may be selected. Return of any prize/prize notification as undeliverable may result in disqualification of winner and selection of an alternate winner. Releasees are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, incomplete, damaged or misdirected entries or mail; and (d) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the Promotion or any portion thereof should computer hardware or software malfunctions (such as but not limited to virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures) or any other causes corrupt the administration, security or proper play of the Promotion, and select the winners from entries received prior to the action taken or in such other manner as deemed fair and appropriate by Sponsor. Entry materials will be deemed a Work Made For Hire under the Copyright laws of the United States, but if winner’s entry materials cannot be so deemed, then winner agrees to irrevocably sell, assign and transfer to Sponsor all of his/her rights, title and interest in and to the entry materials, including all copyrights (including but not limited to renewal, derivative rights), in the United States and worldwide, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Each winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that the winner may nor or later have in the entry materials. Sponsor reserves the right to alter, change or modify any of the winning stated materials, in its sole discretion. Upon the request of Sponsor, winner shall execute and deliver such additional instrument of sale, transfer and assignment, in a form deemed necessary and as may be solely determined by Sponsor. Sponsor’s failure to request such an assignment shall not be deemed a waiver of the right to request the assignment at any time, and winner agrees to comply with any such request
7.ADDITIONAL CONDITIONS:
Releases are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or technical error or programming error or unauthorized access to the Web site. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or Web site; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, third party or like entry methods, will disqualify all entries using such methods. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PROMOTION SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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. Entry information and entries become property of Sponsor. No correspondence about entries will be entered into nor will entries be acknowledged or returned. No more than the stated number of prizes will be awarded. In case of dispute, entries will be declared made by the authorized account holder of the email address used to participate at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
IN NO EVENT WILL RELEASES 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 INTERNET SITE www.wavecigarettes.com OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THESE SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR 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.
8.PRIVACY POLICY:
Information submitted with an online entry is subject to the Privacy Policy stated on www.wavecigarettes.com.
9.ARBITRATION/CHOICE OF LAW:
Except where prohibited, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, in Bergen County, New Jersey, (b) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant will 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard for conflicts of law doctrine, and all proceedings shall take place in Bergen County, New Jersey.
WINNERS LIST:
For a list of winners, mail a self-addressed, stamped envelope to be received by 7/12/13 to: Wave “Dressed in Black” Photo Contest Winners, PMI Station, PO Box 750, Southbury, CT 06488-0750.
Sponsor:
JT International U.S.A., Inc., Glenpointe Centre West, 500 Frank Burr Blvd.,
Suite 24, Teaneck, NJ 07666.
iPad is a trademark of Apple, Inc. Apple, Inc. is not a participant or sponsor of, and does not endorse, this Promotion.