ZYN FAN GIVEAWAY OFFICIAL RULESNO PURCHASE OF ANY KIND NECESSARY TO ENTER OR RECEIVE A GIFT. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF RECEIVING A GIFT. VOID IN MA, MI, VA AND WHERE PROHIBITED.
1. SPONSOR/ADMINISTRATOR: The ZYN Fan Giveaway (the “Promotion”) is sponsored by Swedish Match North America, LLC, Two James Center, 1021 East Cary Street, Suite 1600, Richmond, VA 23219 (the "Sponsor"). The Promotion is administered by Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, NY 11747 (the “Administrator”).
2. ELIGIBILITY: Open only to legal residents of, and currently residing in, the fifty (50) United States and the District of Columbia (excluding residents of MA, MI & VA), who are twenty-one (21) years of age or older as of date of Entry. Employees of Sponsor, Administrator, and any of either company's respective affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies and members of their immediate families (spouses, parents, children, and siblings and their spouses), and/or those living in the same household of each are not eligible. Void in MA, MI, VA, and where prohibited by law.
3. PROMOTION ENTRY: The Promotion begins 12:01 p.m. Eastern Time ("ET") on January 4, 2019 and ends when one hundred (100) eligible entries are received or at 11:59 a.m. ET on February 1, 2019, whichever occurs first (the "Promotion Period").
During the Promotion Period, if you already have an account on www.ZYN.com (the “Website”), log onto the Website, click where indicated and follow the on-screen instructions to upload your original video (maximum 30 seconds in length), in which you describe what ZYN Nicotine Pouches mean to you and how they have impacted your life, to receive one (1) entry (“Entry”) into the Promotion. If you do not have an account, you must first visit the Website and complete all required registration information in order to proceed. Limit one (1) Entry per person/email throughout the Promotion Period. Entries will not be judged.
Multiple entries in excess of the limitation or mass entry attempts may result in disqualification of all entries by such person. Entries must be manually submitted by the entrant; use of automated entry devices or programs, or Entries by third parties, are prohibited. Duplicate or incomplete Entries will be disqualified.
By entering, you represent and warrant that you have fully complied and are in agreement with these Official Rules. By entering, you agree to indemnify and hold harmless the Promotion Entities (as defined below) from any action or liability resulting from your participation in the Promotion and/or any other information included in any Entry. Normal internet access and usage charges imposed by entrants’ online service may apply and are entrants’ sole responsibility. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply and are entrant’s sole responsibility. Each entrant grants to Sponsor a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, distribute, and display each submitted Entry, in any media, and with right to use, copy, modify, edit, and create derivative works therefrom, and agrees to execute documents confirming such right and license at Sponsor’s reasonable request.
Entries will not be judged but all Entries must adhere to the Entry Guidelines indicated below, as determined by Sponsor/Administrator in their sole discretion.
- Entry must be no longer than 30 seconds in length.
- Entry must be in mpeg, mp4, avi, mov, flv or webm format, with a maximum file size of 100MB.
- Entry must not have been recorded using filters or special effects.
- Entry must only contain entrant; no other identifiable persons may appear in Entry.
- Entry may not have been submitted previously in a contest of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends, and family) through any means.
- 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, as determined in Sponsor/Administrator’s sole discretion.
- 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.
- Any Entry deemed inappropriate or unsuitable, in Sponsor’s/Administrator’s sole discretion, will be disqualified.
- 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 Promotion Entities (defined below), or their respective products and services, or other people, products or companies.
Gift Details: Gifts are specified by Sponsor. Gifts are awarded "as is" and without any warranty, except as required by law. Gift recipients are responsible for any applicable federal, state and local taxes. No transfer, substitution or cash equivalent for the gift will be permitted, except at the sole discretion of the Sponsor in the event of gift unavailability and then an alternate gift of approximately equal value will be awarded and the Sponsor’s obligation to the gift recipient will be fulfilled, and no other additional compensation will be provided or due. Any difference in the stated ARV of any gift and actual value will not be awarded.
5. ODDS OF RECEIVING A GIFT: Odds of receiving a Gift depend upon the number of eligible Entries received and the time Entries are received.
6. GIFT RECIPIENT NOTIFICATION: Gift recipients will be notified by email/mail. Gift will be shipped to gift recipients at the address indicated in their US.ZYN.com account, within 4-6 weeks after the end of the Promotion Period. Return of gift or gift notification as undeliverable may result in disqualification and alternate determination. In the event of any dispute concerning the identity of any entrant of an Entry, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. Sponsor and its agencies are not responsible for notifications that are misdirected because of email addresses that are no longer correct, or for any other reason beyond the exclusive control of the Sponsor.
7. GENERAL RULES/VERIFICATION: Administrator’s decisions are final on all matters relating to the Promotion. Sponsor’s interpretation of these rules and decisions shall be final. By accepting a gift, each gift recipient grants permission to the Sponsor and its agencies to use his/her name, city, state, photos, and likeness for purposes of advertising, Promotion, and trade without further compensation, except where prohibited by law. By entering, entrants hereby agree, discharge and hold harmless Sponsor, Administrator, their parent, subsidiary and affiliated companies, advertising and promotional agencies and gift suppliers and their respective officers, directors, shareholders, owners, employees, agents, attorneys and representatives (collectively, the "Promotion Entities") from any and all injuries, loss, claims or damages arising out of an entrant's participation in the Promotion and/or entrant’s acceptance or use or misuse of a gift. By participating in the Promotion, entrants agree that the Promotion Entities will have no liability whatsoever for, and that entrant shall defend and hold the Promotion Entities harmless against, any liability for any claims based on publicity rights, defamation, or invasion of privacy as well as injuries, damages, or losses of any kind, whether or not foreseeable, including, without limitation, direct, indirect, incidental, consequential or punitive damages to persons or to property arising out of the gift awarded hereunder. Without limiting the foregoing, everything regarding the Promotion, including the Website used in connection therewith and the gift awarded hereunder, 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, all of which are expressly disclaimed by the Promotion Entities.
If for any reason the Promotion is not capable of running as planned, including without limitation infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other causes which 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 and/or suspend the Promotion and to disqualify any individual who tampers with the Entry process, violates these Official Rules, or acts in a disruptive manner. In the event the Promotion is cancelled, terminated or suspended for any reason, Sponsor, at its sole discretion, reserves the right to award the gifts from among all eligible Entries received (based on time/date received) prior to cancellation. Any attempt by an entrant to deliberately damage the Website or undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil laws and should such an attempt be made, the Sponsor reserves the right to seek all available remedies, including without limitation criminal prosecution, and damages, including without limitation attorneys' fees, from any such entrant to the fullest extent of the law. No responsibility is assumed by Sponsor for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of Entries; or any problems or technical malfunctions of any telephone network or lines, typographical or other errors, computer online systems, servers or providers, computer equipment, software, failure of any email sent or electronic Entry to be received on account of technical problems or traffic congestion on the internet or on any website or any combination thereof, including any injury or damage to participant's or any other person's computer related to, or resulting from, participation in or downloading any materials from this Promotion. Sponsor is not responsible for any typographical or other error in the printing of the Promotion materials, administration of the Promotion, or in the announcement of the gifts. Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines to be tampering with the Entry process, to be violating these Official Rules or to be acting in a disruptive manner. Entries generated by script or bot are not eligible. In no event will the Sponsor be obligated to award more than the stated number of gifts. Use of automated Entry devices is prohibited.
8. 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 Promotion or the gift awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the State of Kentucky or an appropriate Kentucky State 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 entering this Promotion, 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 Promotion shall be governed by, and construed in accordance with, the laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the State of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kentucky.