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ZYN ACROSS AMERICA CONTEST
OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state and local laws.

  1. Contest Timing: The ZYN Across America Contest (the "Contest") begins at 9:00 AM Eastern Time (“ET”) on April 22, 2024 and ends at 5:00 PM ET on May 17, 2024 (the "Contest Period").

 

  1. Eligibility: The Contest is open only to legal residents of the 50 United States and the District of Columbia who are 21 years of age or older as of date of entry (“Entrant”). Employees of Swedish Match North America LLC (“Sponsor”), Don Jagoda Associates, Inc. (“Administrator”) and its affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies, persons engaged in the development of Promotion materials or events, and members of their immediate families (spouses, parents, children, and siblings and their spouses) living in the same household of each are not eligible. Groups, clubs, organizations, commercial entities and businesses cannot participate. Void where prohibited by law and subject to all federal, state and local laws. Participation constitutes Entrant's full and unconditional agreement to these Official Rules and to Sponsor's and/or Administrator's decisions, which are final and binding in all matters related to the Contest. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winners.

 

  1. How to Enter: During the Contest Period, Entrants can participate in the Contest by visiting https://us.zyn.com/ (“Website”) and logging into their ZYN account. If you do not have a ZYN account, you must first visit the Website and complete all required registration information in order to proceed. After logging into your ZYN account, click where indicated to access the Contest. To enter the Contest, when prompted, upload a photo and write a short essay (750 characters or less) describing “What makes this spot your favorite place to find your ZYN?” to earn one (1) entry into the Contest (“Entry”). Limit one (1) Entry per person/ZYN account throughout the entire Contest Period. Entries must be received by 5:00 PM ET on May 17, 2024. Entries must adhere to the Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion. Sponsor has the final determination if any Entry complies with the Entry Guidelines.

 

Entry Guidelines:

  • Entrant must be the only person featured in the photo;
  • Entry must be in English;
  • Entry must not be inappropriate, unsuitable or inconsistent with the theme of the Contest;
  • Entry must not mention children or minors;
  • Entry must be in keeping with the image or message of the Sponsor in their sole discretion;
  • Entrant must own all rights to the Entry and have the right to grant the Sponsor a license to use the Entry (including any material embodied in the Entry);
  • Entry may not contain obscene, profane, lewd, defamatory or inappropriate content;
  • Entry may not include references to nudity, acts of violence or abuse, acts that appear to cause injury or harm, or acts that are illegal or dangerous, or any graphic content as determined in Sponsor’s sole discretion;
  • Entry must not promote alcohol, illegal drugs, firearms/weapons (or the use of any of the foregoing);
  • Entry must not contain any hateful, abusive or sensitive content; inclusion of restricted and/or illegal products/services; adult sexual content; profanity and offensive language; political statements that instigate hate speech; or controversial religious statements/affiliations.
  • Entry must not (and Entrants represent and warrant that it will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to rights of privacy, publicity or portrayal in a false light;
  • Entry must not make reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s), slogans, political, or religious statements, or be otherwise objectionable;
  • Entry must not include any representation of celebrities, athletes, musicians, or any other public or private figure living or dead, or include any anti-social, political or religious groups, any commercial solicitation or promotional materials or address, phone number, or URL address;
  • Entry must not contain 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;
  • Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Contest Entities (defined below), or their respective products and services, or other people, products or companies;
  • Entry must not violate any law.

 

All Entries must comply with these Official Rules and the registration instructions, as determined in Sponsor’s sole discretion, to be eligible. Entries may not contain any third-party materials other than those related to Sponsor, and may not contain any materials that violate or infringe (or may be at risk of infringing) any third-party rights, including without limitation copyright, trademark rights, privacy rights (including portrayal in a false light), publicity rights, or other intellectual property rights. Entries become the property of the Sponsor and will not be acknowledged or returned. Sponsor has the sole discretion to determine whether an Entry qualifies as an Entry. Any Entry not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. By entering, you agree to waive any rights you may have to the Entry submitted. By entering the Contest, you understand that your Entry in its entirety or portion thereof may (in Sponsor’s sole discretion) be posted on websites, Social Media sites and/or other Sponsor-selected media.

 

  1. Judging and Determination of the Winners: All eligible Entries will be judged by a panel of Sponsor representatives, based on the following criteria to determine one (1) Grand Prize winner and five (5) First Prize winners: Relevance to Theme (40%); Originality and Uniqueness (40%); Photo Quality (20%). In the event of a tie, tied Entries will be re-judged based 100-percent (100%) on Relevance to Theme. By participating, Entrants agree to the decisions of the Judges, which shall be final and binding in all respects. Under no circumstance will information regarding judging be shared with Entrants.

 

  1. Prizes and Approximate Retail Values (“ARV’s”):
  • One (1) Grand Prize: $10,000, awarded in the form of a check.
  • Five (5) First Prizes: An exclusive travel bundle, including Sponsor-specified luggage, a backpack, a $150 Sponsor-specified vacation rental Gift Card, and a pair of Noise-Cancelling Headphones (ARV: $967 per travel bundle).

 

Grand Prize and First Prizes will be collectively referred to as (“Prizes”). Limit one (1) Prize per person/ZYN account. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winners should look solely to the manufacturer of any prize for any warranties, as applicable. Prizes may be subject to additional terms, conditions, details and/or restrictions specified on Prize Documents. Prize cannot be redeemed for cash. All federal, state, and local taxes as well as all costs and expenses associated with Prize acceptance and use not specific herein as being provided are each winner’s responsibility. A 1099 tax statement will be filed with the IRS for the winners for the actual total value of the Prizes. The 1099s will be processed for the following tax year in which the Prizes were awarded. All Prize details are at Sponsor’s sole discretion.

 

  1. Winner Notification: The potential winners will be notified by phone/email. The potential winners must then sign and return via DocuSign, a Declaration of Compliance, Liability & Publicity Release (where legal) and assignment of rights (collectively, “Declaration”). The Declaration must be completed, signed and returned via DocuSign within seventy-two (72) hours after delivery of the Declaration to the potential winners. The “Released Parties” (as defined below) shall have no liability for any winner’s notification that is lost, intercepted or not received by the potential winners for any reason. If, despite reasonable efforts, potential winner does not respond within the time period specified in the Prize notification, or if the Prize or Prize notification is returned as unclaimed or undeliverable to such potential winner, or if Declaration is returned undeliverable, or in the event that a potential winner is ineligible for any reason or has not complied with these Official Rules such potential winner will forfeit his or her Prize and an alternate winner may be determined. Sponsor reserves the right to conduct a background check on the potential winners prior to awarding Prize. Sponsor reserves the right in its sole discretion to disqualify any Entrant based on the results of such background check, if Sponsor determines in its sole discretion that awarding the Prize to such entrant might reflect negatively on Sponsor. An Entrant is not a winner of a Prize unless and until Entrant's eligibility has been verified and Entrant has been notified that verification is complete.

 

  1. Release and Limitations of Liability: All Entrants, as a condition of entry into the Contest, agree to release and hold harmless Sponsor, Administrator, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Contest (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Contest, the receipt, ownership or use or misuse of any Prize awarded or any typographical or other error in these Official Rules or the announcement or offering of the Prizes. By entering, Entrants agree that the opinion submitted is the opinion of the Entrant only and the Released Parties do not endorse such opinion. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or misuse or redemption of any Prize. Acceptance of a Prize constitutes permission to use winners’ names, and likeness and Entries for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrants accept and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Contest; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Contest which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Contest. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Contest (each a “Contest Change”) if no Entries are received during the Contest Period or if the Contest cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic (including COVID-19), public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control. In such event, Sponsor may (a) cancel the Contest entirely, (b) judge Entries from all eligible Entrants who submitted their Entries prior to the Unforeseen Event resulting in the Contest Change, if sufficient eligible Entries have been received (as determined in Sponsor’s sole discretion) Sponsor will award the Prizes based on the judging criteria, (c) award substitute Prizes of comparable value, or (d) extend the Contest Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Contest Change to be effectuated by Sponsor and that such Contest Change is not simply at Sponsor’s option for any reason. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

  1. General Rules: The Sponsor and its agencies are not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Contest or by any human error which may occur in the processing of the Entries in this Contest or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Contest or the Website; violates these Official Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. 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. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then the Sponsor reserves the right at its sole discretion to cancel the Contest and only allow Entries from all eligible Entrants who submitted their Entries prior to cancellation and winners will be determined from the judging criteria. Except for willful misconduct or gross negligence on the part of Sponsor, by participating in the Contest, Entrants release Released Parties from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Contest or the use of any Prizes. Entrants agree to indemnify, defend and hold Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Entrants of any of these Official Rules or any violation by Entrants of applicable law.

 

  1. Disputes: To the fullest extent permitted by law, Entrant agrees that: (1) any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Contest or any specific Prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Commonwealth of Kentucky or an appropriate Kentucky Commonwealth Court if federal court is not a proper or available venue; (2) any and all claims, judgments and awards to Entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys' fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.

 

  1. Privacy: The information collected on the Website will be subject to and used in accordance with the Privacy Policy accessible at the Website or at https://us.zyn.com/privacy-policy/.

 

  1. Winners List: For the list of winners, available for thirty (30) days after June 14, 2024, send an email to: winners@dja.com with “The ZYN Across America Contest – 10-2130-43” as the subject line. Winners’ names will be sent after winners have been confirmed and verified.