Terms & Conditions – blu – Fan of The Month Giveaway
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility to enter / opening and closing dates
- This promotion (“Promotion”) is open only to legal residents of the 48 contiguous United States (except for Massachusetts and Michigan) or the District of Columbia. Void in Alaska, Hawaii, Massachusetts, Michigan and where prohibited by law. Employees of the Promoter, its parent company, affiliates, divisions, and subsidiaries, promotion marketing/advertising agencies, their immediate families, or anyone else professionally connected with this promotion are not eligible to enter.
2. Participants must be smokers, aged 21 years or over with legal capacity to enter the promotion, have access to the internet, and an email account. To enter via Facebook, participant must also join Facebook, at www.facebook.com; membership is free.
3. This promotion opens at 9:00 am Eastern Time (ET) on 1st March 2017 and closes at 11:59 pm (ET) on 31st December 2017 (“Promotional Period”). The Promotion Period is comprised of ten (10) calendar months during the Promotional Period. Any entry received after the closing date of 31st December 2017 shall be deemed invalid. Participants are responsible for determining the appropriate time in their time zone. Sponsor’s computer shall be official time keeper.
4. A person may only enter once, using one Facebook account, OR by completing the online form, as set forth below. Should a person violate this entry limit, only the initial entry will be accepted. However, Promoter reserves the right in its sole discretion to void all entries of a person and disqualify him/her from the Promotion altogether if Promoter determines in its sole discretion that such person has engaged in blatant, repeated or egregious violations of the aforementioned entry limit. Use of automated, programmed or like means of submitting entry is prohibited, voids entry and will result in automatic disqualification from the Promotion. Proof of submission of entry does not constitute proof of receipt of same or proof of entry. . In case of dispute, entry will be deemed made by authorized account holder of the email account listed on the online form submitted when entering the Promotion or associated with the Facebook account used to enter the Promotion (as applicable), as determined by Promoter in its sole discretion.
5. Data rates and wireless Internet access fees apply to use of mobile device for Promotion entry. You may be charged by your wireless carrier for participating via mobile device. It is therefore recommended that you consult your wireless carrier’s pricing plan BEFORE participating via mobile device. Not all mobile devices offer wireless Internet access; and, wireless Internet access may not be available in all areas.
How to enter
6. To enter the Promotion, participants must go to the official blu Facebook page at (www.facebook.com/blucigs OR fill out an online form at: http://blucigs.polldaddy.com/s/blu-customer-of-month (“Promotion Website”). (DO NOT ATTEMPT TO ENTER THE PROMOTION VIA BOTH METHODS.)
7. Participants should tell the Promoter why they should be “Fan of the month”: how or what makes the entrant unique as a blu consumer or otherwise in appreciating the blu brand of e-cigarettes. Participants shall enter by commenting on promoter’s Facebook page (www.facebook.com/blucigs) under the appropriate Facebook post** OR by completing the online form at http://blucigs.polldaddy.com/s/blu-customer-of-month. Entry cannot exceed 200 words and must be solely the Participant’s original work. (If entering via Facebook, do not copy the submissions posted by other participants). Entry will be disqualified if Promoter determines in its sole discretion that Entry: (I) violates or infringes upon the rights of any party^ (including copyright, trademark, right of privacy, right of publicity); (II) is inappropriate, obscene, hateful or otherwise unfit for publication (including but not limited to any statement stating or implying that blu e-cigarettes are a smoking cessation aid or a healthier alternative to cigarettes or that blu e-cigarettes are not derived from nicotine); (III) advocates acts of violence or illegal conduct; (IV) disparages or damages the goodwill and/or business reputation of Promoter or its blu brand; (V) is irrelevant to the Promotion theme; (VI) is not truthful in all material respects†. Promoter may remove posts at their absolute sole discretion which Promoters deems are in violation of the preceding requirements or these terms and conditions; conversely, maintenance of a post on the Promoter’s Facebook page, the re-posting of such comment by Promoter, or the Promoter’s posting of a comment received via the online form does NOT constitute any representation by Promoter that the individual submitting same is eligible for the Promotion nor is such maintenance/re-posting/posting of a comment any representation by Promoter of selection of a given entry as a potential winner in the Promotion.
**If comment is made anywhere on Facebook other than under the Facebook post on Promoter’s Facebook page, such post will NOT result in entry in the Promotion.
^Fontem US, Inc. grants participant a limited, nonexclusive , non-transferable, non-sublicensable license to use its blu trademark solely for purposes of submitting one entry in the Promotion, conditioned upon all trademark notices being properly used at all times. Such grant of rights is not intended to grant any ownership rights in the blu trademark to participants and will automatically cease at the end of the Promotional Period if not terminated previously by Promoter due to participant’s violation of this subsection and/or these terms and conditions. At all times, as between participants and Fontem US, Inc., Fontem US, Inc. is the exclusive owner of the blu trademark.
†By submitting an entry, participant further agrees to confirm periodically at future times, upon Promoter’s request and without compensation of any kind, that he/she still holds the opinions set forth in his/her entry.
Selecting the winners
8. For each month of the Promotion, one winner will be selected by the promoter. The potential winner for each month will be determined based on the Promoter’s evaluation of all eligible entries received up to and including the end of that calendar month based on the following judging criteria: (a) persuasiveness (why that entrant should be considered the “Fan of the Month”); (b) creativity; (c) uniqueness and originality. Should there be a tie for a given month, the winning entry for that month shall be the tied entry with the higher/highest score in persuasiveness among those which are tied. (For the avoidance of doubt, non-winning entries WILL be retained for subsequent month[s] of the Promotion Period.) The potential winner for a given month will be selected on or about the first business day of the immediately following calendar month. The potential winner must age verify through age verification methods set forth in the notification of winning email from the promoter to the potential winner. Such methods require potential winner’s completion and execution of an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) as well as his/her provision of a copy of valid, government-issued photo identification.
9. Ten (10) Prizes in total will be offered in the Giveaway, with one (1) prize offered per calendar month of the Promotion Period. The Prize is a $100 Amazon** Gift Card, which is subject to terms and conditions of use of issuer as indicated thereon/therewith. Gift card may be awarded in electronic or physical form, in the Promoter’s sole discretion.
**TRADEMARK USED FOR PRIZE IDENTIFICATION PURPOSES ONLY. NO ENDORSEMENT, SPONSORSHP OR AUTHORIZATION BY TRADEMARK OWNER IS INTENDED OR IMPLIED BY SUCH USE.
Notification and delivery of the prize
10. The potential winner for a given month will be notified within 48 hours of being selected, via Facebook message from blu Facebook page or email, depending on how the potential winner entered the Giveaway. . If entering via the blu Facebook page, the potential winner will be notified via private message on Facebook and must respond with his/her email address so that the Promoter or its agency can contact him/her with all details relating to the Prize Claim Procedure. IT IS THE POTENTIAL WINNER’S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER SPAM SETTINGS SO THAT PROMOTER OR ITS DESIGNATED REPRESENTATIVE CAN CONTACT HIM/HER VIA EMAIL AND (FOR PERSONS ENTERING VIA FACEBOOK) TO CONFIGURE HIS/HER PRIVACY SETTINGS ON FACEBOOK SO AS TO RECEIVE PRIVATE MESSAGES FROM THE BLU FACEBOOK PAGE.
11. The Promoter will make commercially reasonable efforts to contact potential winners. However, if for any reason the potential winner has not responded to the notification of winning email or Facebook private message sent to the potential winner’s Facebook account used to enter the Promotion (as applicable) within 24 hours; potential winner does not confirm eligibility, including age verification as set forth above within 72 hours of receiving the applicable email;, if potential winner fails the age verification process; or if the potential winner is ineligible, otherwise in breach of these terms and conditions, such potential winner will be disqualified and an alternate potential winner will be selected; namely, the person with the next highest ranked eligible entry in the judging for the applicable month of the Promotion Period.
12. Incomplete, illegible, corrupted, garbled, inaccessible, damaged, or jumbled entries, or those which are otherwise not in accordance with these terms and conditions will not be valid. The Promoter accepts no responsibility for failure to receive an entry where such failure is due to circumstances outside the Promoter’s control. Without limiting the foregoing, the Promoter also accepts no responsibility for any technological, programming, electronic, network, computer/software or other error, failure or malfunction which interferes with, impedes or interrupts the intended functioning of the Promotion. (The preceding includes but is not limited to filtering by or other operation of the functionality of Facebook, as applicable, and/or potential winner’s email provider.)
13. Limit of one (1) prize per person/family/household for the entire Promotion. The winner is solely responsible for all costs and expenses not expressly stated in these terms and conditions as being included as part of the prize. WINNER IS SOLELY RESPONSIBLE FOR ANY APPLICABLE TAXES ON VALUE OF PRIZE. . NO PRIZE SUBSTITUTION EXCEPT BY SPONSOR IF ADVERTISED PRIZE IS UNAVAILABLE FOR ANY REASON AND ONLY THEN FOR PRIZE OF EQUAL VALUE.
14. The Prize is non-transferable and cannot be redeemed for cash except where required by law.
16.If the Promoter has any reason to believe that there has been a breach of these terms and conditions, or of the spirit of this promotion, the Promoter may at its sole discretion refuse to accept an entry.
17. The Promoter’s decisions are final and binding in all matters relating to this promotion, and no correspondence shall be entered into. The Promoter’s failure to enforce any provision of these terms and conditions in a given instance shall not constitute the waiver of such provision.
18. By participating, entrant identifies, releases and agrees to hold harmless Promoter, its parent company, affiliates, divisions, and subsidiaries, promotion marketing/advertising agencies, Facebook, Inc., and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, from any and all liability arising from participating in the Promotion, any Promotion-related activity and/or acceptance, receipt, possession or use/misuse of any prize. Promoter reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Promotion or any web site; to be acting in violation of the Terms and Conditions or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. The preceding in no way precludes Promoter from taking other actions against such individuals so as to protect its rights.
19. By entering this promotion participants will be deemed to have accepted, and will be bound by, these terms and conditions. In the event of obvious error in these terms and conditions, illegality, or circumstances beyond the reasonable control of the Promoter which render the Promotion itself or the awarding of the prizes impossible, the Promoter reserves the right in its sole, absolute discretion to vary and/or amend the Promotion and/or these terms and conditions or withdraw the Promotion, and to the extent practicable, to make all prizes in the Promotion available to be won in a manner which is fair, appropriate and consistent with these terms and conditions. In such circumstances the Promoter will advise participants of any changes or withdrawal on the Promotion website and the blu Facebook page. Participants agree that the Promoter shall not be held liable in such event.
20. Participants will retain ownership of any content, submissions and other material they submit as part of this Promotion (that is, their entry in the Promotion). However, participants grant the promoter (and its agents and affiliates) a non-exclusive, worldwide, irrevocable, perpetual license to use any such content, submissions and other material for the purposes of this promotion and other commercial purposes (the preceding is subject only to those rights retained by Facebook, Inc. as operator of its social media platform, to the extent applicable.) Participants further agree to waive any moral rights of authors or the like that they may have in their entry. Participant agrees, upon Promoter’s request and without compensation, to execute any additional documents so as to effect, record or perfect the grant of rights contemplated by this subsection.
21. The names of the winners will be made available on request at Fontem US, Inc. at the address below. Requests must be received by January 8, 2018. Winners’ list will be available after January 22, 2018. Winners may be required to participate in advertising or promotional activities for the Promoter, without additional compensation, except where prohibited by law. In addition, the Promoter will have the right, at its absolute discretion and without payment or permission to any winner, to use the winner’s name, region of residence or likeness for the purposes of announcing the winners of the Promotion and for related promotional purposes (with regard to the latter, except where such use is prohibited by law). By accepting these terms and conditions, participants hereby grant to Promoter and its agency the relevant consent to such publicity without any compensation, except where prohibited law.
22. To the fullest extent permitted by law: participants agree that these terms and conditions (and any non-contractual disputes/claims which arise out of or in connection with them) will be governed by law of North Carolina (except for conflicts-of-law/choice of law provisions); to submit to the exclusive jurisdiction of the state or federal courts located in North Carolina; waive any right of change of venue, inconvenient forum or the like; agree to bring any action individually (and not as part of a class action); and that their recovery in any such action is limited to actual costs involved in participating in the Promotion (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) being expressly waived. If any part of this subsection or other provision of these terms and conditions is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision shall be stricken from these terms and conditions and replaced with a substitute provision that most closely reflects Promoter’s original intent and is legal, valid and enforceable. Should a given provision be determined to be illegal, invalid or unenforceable, such determination shall not affect the balance of these terms and conditions.
23. Promoter: Fontem US, Inc., with corporate offices located at 1100 South Tryon Street, Suite 300, Charlotte, NC 28203.