Dog Days Of Summer Competition Rules

A woman and her dog sit at the side of a gorge

OFFICIAL RULES UNITED STATES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS IS A CONTEST OF SKILL.  VOID WHERE PROHIBITED.  The entry period for the “Dog Days of Summer” (“Contest”), promoted by FONTEM US, INC. (“Promoter”), begins on August 4, 2017 at 12:00 am EST and ends on August 11, 2017 at 11:59 pm EST.  All applicable federal, state and local laws and regulations apply.  Proof of submitting a Contest entry will not be deemed as proof of receipt of valid entry into the Contest.  Any attempted form of entry into the Contest other than as described herein is void.

ELIGIBILITY:

The Contest is open to individuals who meet the following criteria:  (a) are twenty-one (21) years of age or older as of the date of entry and have access to the internet, and an email account, and (b) are a legal resident of the United States (except for Massachusetts and Michigan ) or the District of Columbia. The Contest is void in Massachusetts, Michigan, outside the remaining (48) United States and the District of Columbia, and where prohibited by law. (c) 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 Contest are not eligible to enter. Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to participate in the Contest and/or win a Prize.  For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.

By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Promoter, which are final and binding in all respects and cannot be challenged or appealed.

HOW TO ENTER: To enter the Contest, Contestants must go to the blu Facebook® page or blu Twitter® page at https://www.facebook.com/blucigs or https://twitter.com/blucigs.

An Entry received before and/or after the Contest Period will be void.  All Entries become the sole property of the Promoter and will not be acknowledged or returned.

Promoter’s computer will serve as the official timepiece for the Contest Period.

To Enter

If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant must go to the blu Facebook® page or blu Twitter® page located at https://www.facebook.com/blucigs or https://twitter.com/blucigs during the Contest Period and follow the steps below:

  • To be considered for the Contest on Twitter (located at https://twitter.com/blucigs), Contestant must first retweet and comment with a photo of Contestant and their dog.
  • To be considered for the Contest on Facebook (located at https://www.facebook.com/) Contestant must first post a photo of Contestant and their dog in the comments of the blu Facebook page.
  • Contestant will also be required to acknowledge that Contestant is at least 21 years of age and if chosen, before receiving the Prize, Contestant will be required to go through an additional age verification process.

Contestant’s entry must be received by Promoter between August 4, 2017 at 12:00 am EST and ends on August 11, 2017 at 11:59 pm EST.

A qualifying entry requires all of the following elements submitted to the blu Facebook® page or blu Twitter® page.

  • Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least twenty-one (21) years of age and a resident of one of the participating 48 United States (except for Massachusetts and Michigan and wherever restricted or prohibited by law) or the District of Columbia.
  • Contestant must submit an Entry, as described above.
  • Contestant must submit a photo, as described above.
  • The required Personal Information and age verification process, as described above.

By submitting an Entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Promoter that the Entry (including, without limitation,): (a) is the entrant’s original creation; (b) has not copied, in whole or in part, any other work; (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights.  Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate content (as determined by Promoter in its sole discretion) will be grounds for disqualification of Entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Promoter in its sole discretion, will be disqualified. Promoter will not deem proof of submission of an Entry as proof of receipt of a valid entry.

LIMIT:  One (1) Entry per Contestant per social media page during the Contest Period.  Any additional Entries will not increase the Contestant’s chance of winning. In case of dispute, Entry will be deemed made by authorized account holder of the email account associated account used to enter the Contest, as determined by Promoter in its sole discretion.

WINNER SELECTION PROCESS:

Following the Contest Period, Contestant’s Entry will be judged by a panel of judges selected by Promoter in Promoter’s sole discretion.  The panel of judges will select one (1) winner of the Contest through a blend of the amount of “likes” and/or “retweets” via their Facebook comment and/or Twitter post and the judges’ discretion based on the photo submitted.   The winner will be selected August 14, 2017, from the valid entries received in accordance with these terms and conditions. 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. If the potential winner cannot age verify through such methods, then the potential winner is disqualified.  In the event of a tie, the potential winner will be the Contestant whose

The Winner of the Prize is referenced hereinafter as the “Prizewinner”.

If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the Prize is forfeited and an alternate qualifying and eligible Contestant may be contacted, at Promoter’s sole discretion.

A Prize legitimately claimed will be awarded.

PRIZE:

  • One (1) Prizewinner will receive the following:

One annual BarkBox subscription

TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF PRIZE:  US $252.00

Only one (1) Prizewinner will win the Prize. The Prizewinner will be required to review and execute further contracts and releases provided by Promoter and/or related to suppliers of the Prize in order to receive the applicable Prize.

A CONTESTANT IS NOT CONSIDERED THE PRIZEWINNER UNLESS AND UNTIL PROMOTER HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES AND CONTESTANT HAS PROVIDED THE SIGNED AFFIDAVIT/RELEASE.

PRIZEWINNER NOTIFICATION PROCESS:

The potential Prizewinner will be notified within 48 hours of being selected, via Facebook/Twitter message from the blu Facebook/Twitter page. The potential Prizewinner 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. IT IS THE POTENTIAL PRIZEWINNER’S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER SPAM SETTINGS SO THAT PROMOTER OR ITS DESIGNATED REPRESENTATIVE CAN CONTACT HIM/HER VIA EMAIL. The potential Prizewinner must age verify through age verification methods Promoter sets forth to the potential Prizewinner in notification email. If the potential Prizewinner cannot age verify through such methods, then the potential Prizewinner is disqualified.

The Promoter will make reasonable efforts to contact the Prizewinner. However, if the winner has not responded to the Facebook/Twitter message sent to the potential Prizewinner’s Facebook/Twitter account that entered the contest within 24 hours; or, Prizewinner does not age verify through age verification methods Promoter sets forth to the Prizewinner in the notification email within 72 hours of receiving the notification email, Prizewinner does not age verify through promoter’s age verification methods and/or fails age verification process; or if the selected Prizewinner is ineligible, otherwise in breach of these terms and conditions, the Promoter reserves the right to select an alternative Prizewinner using the same process referred to above in these terms and conditions, time permitting. As part of the verification procedure, potential Prizewinner will be required to sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where legal). In the event of noncompliance with this requirement, the prize will be forfeited and an alternate winner selected.

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 winners e-mail provider.)

ADDITIONAL PRIZE INFORMATION:

Promoter will not replace any lost or stolen documents related to the Prize. In the event of such a loss, Promoter shall have the right, in Promoter’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Promoter’s Prize obligation to the Prizewinner and no additional compensation or Prize will be awarded to such Prizewinner.

The Prizewinner will be required to review and execute further contracts and releases provided by Promoter in order to receive the Prize.

There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Promoter’s sole discretion.

Prizewinner is solely responsible for the reporting and payment of any and all applicable federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded.  Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.

PRIVACY STATEMENT:

Contestants’ personal information will be utilized by the Promoter for fulfillment of Contest Prizes and to comply with legal requirements. To review Promoter’s Privacy Policy, go to https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html. To review Promoter’s terms of use, https://www.blu.com/en/US/faqs/our-policies/Terms-and-Conditions.html. By entering this Contest, Contestants accept and agree to abide by these privacy policies and terms of use.

OWNERSHIP AND LICENSE:

All Contest related materials (“Submission”) become the property of the Promoter and will not be acknowledged or returned.  The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Promoter and/or others authorized by the Promoter, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission.  Promoter and/or others authorized by Promoter shall have the right to edit, adapt, and modify the Submission at their discretion.

Any use by a Contestant of any of the Promoter trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.

PUBLICITY GRANT:

Except where prohibited by law or Promoter’s Privacy Policy, the Prizewinner shall be required to grant Promoter the perpetual and irrevocable right and license to use his/her name, photograph, and visual likeness, statements, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Promoters’ web sites), in perpetuity, without further compensation, notice, review or approval.

NO WARRANTIES:

ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” PROMOTER makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.

All trademarks are the property of their respective owners.  The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.

RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

By entering, ALL participants IN THE CONTEST, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the PROMOTER from and against any and all THIRD PARTY claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the CONTEST and the ACTIVITIES OR FOR ANY and all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE PROMOTER.
DISCLAIMERS / LIMITATIONS ON LIABILITY:

By ENTERING, ALL PARTICIPANTS IN THE CONTEST agree that PROMOTER assumes no liability whatsoever for injuries or damages of any kind sustained in connection with THE CONTESTANT’S ENTRY INTO THE CONTEST, the use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any CONTEST-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.

The Promoter is not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Promoter is not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Promoter or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.

If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Promoter, the user or by any of the equipment or programming associated with or utilized in the Contest, Promoter reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Promoter’s control.

GENERAL CONDITIONS OF ENTRY:

All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet servicing system whatsoever in order to participate in and/or enter the Contest through electronic and/or mechanical tampering of the Contest or Contest webpage. Contestants agree not to knowingly damage or cause interruption of the Contest or Contest webpage and/or prevent others from utilizing the Contest or Contest webpage. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, CONTEST WEBPAGE, OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.

IF SUCH AN ATTEMPT IS MADE, PROMOTER MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND PROMOTER MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

GOVERNING LAW AND VENUE:

The parties agree that the Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of North Carolina. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Contest will be brought in the courts located in North Carolina and (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action.  Contest participants hereby waive any and all objections to personal jurisdiction.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys’ fees.  Under no circumstances will contest participants be permitted to obtain awards for, and hereby waive 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.

PRIZE PROVIDER

By entering the Contest, each Contestant acknowledges and agrees that Bark Box’s sole and exclusive role in the Contest is that of Prize Provider and that Bark Box is in no way responsible for the administration of the Contest or the selection of winners and that all such responsibility rests with the Promoter.

OFFICIAL RULES:
CONTEST PROMOTER: blu E-Cigarettes c/o FONTEM US, INC, 1100 S. Tryon St., Ste. 350, Charlotte, NC 28203

Fan Of The Month Giveaway Rules

A few blu PLUS packets against a purple background

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

  1. 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.   

The Prizes

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.)

Miscellaneous

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. 

15. The Promoter, its partners and their respective agents, associated companies, and subsidiaries will store and process participants’ personal data supplied by participants to this promotion in accordance with the “Surveys and Contests” section of Fontem US, Inc.’s Privacy Policy, accessible at www.blu.com.  Among other uses and in addition to administering the Promotion including awarding prizes, the Promoter may use personal data collected from participants to send them email newsletters as well as for publicity/marketing purposes. If you do not agree to such use of your personal information, do not enter the Promotion. You are also strongly advised to carefully review the Privacy Policy before entering the Promotion.

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.

21. These Terms and Conditions are available on the Promotion website and the blu Facebook page. Participants, who do not comply with these rules, will not be eligible to enter the Promotion. In addition, each Participant agrees to comply with Facebook’s terms of use (statement of rights and responsibilities, community standards) and privacy policy, if entering via the blue Facebook page. Please note that any Promotion organized by Promoter is in no way sponsored, endorsed or administered by, or associated with, Facebook.

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.

Labor Day Giveaway Rules

Labor Day Giveaway Rules | blu

OFFICIAL RULES UNITED STATES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  THIS IS A CONTEST OF SKILL.  VOID WHERE PROHIBITED.  The entry period for the “Labor Day” (“Contest”), promoted by FONTEM US, INC. (“Promoter”), begins on September 1, 2017 at 12:00 am EST and ends on September 4, 2017 at 11:59 pm EST.  All applicable federal, state and local laws and regulations apply.  Proof of submitting a Contest entry will not be deemed as proof of receipt of valid entry into the Contest.  Any attempted form of entry into the Contest other than as described herein is void.

  1. ELIGIBILITY:

The Contest is open to individuals who meet the following criteria:  (a) are twenty-one (21) years of age or older as of the date of entry and have access to the internet, and an email account, and (b) are a legal resident of the United States (except for Massachusetts and Michigan ) or the District of Columbia. The Contest is void in Massachusetts, Michigan, outside the remaining (48) United States and the District of Columbia, and where prohibited by law. (c) 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 Contest are not eligible to enter. Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to participate in the Contest and/or win a Prize.  For the purposes of this Contest, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses.

By entering this Contest, Contestants agree to be bound by these Official Rules and the decisions of the Promoter, which are final and binding in all respects and cannot be challenged or appealed.

HOW TO ENTER: To enter the Contest, Contestants must go to the blu Facebook® page or blu Twitter® page at https://www.facebook.com/blucigs or https://twitter.com/blucigs.

An Entry received before and/or after the Contest Period will be void.  All Entries become the sole property of the Promoter and will not be acknowledged or returned.

Promoter’s computer will serve as the official timepiece for the Contest Period.

To Enter

If the Contestant meets the eligibility criteria set forth above, then in order to enter Contestant must go to the blu Facebook® page or blu Twitter® page located at https://www.facebook.com/blucigs or https://twitter.com/blucigs during the Contest Period and follow the steps below:

  • To be considered for the Contest on Twitter (located at https://twitter.com/blucigs), Contestant must first retweet and comment with a photo enjoying Labor Day holiday weekend.
  • To be considered for the Contest on Facebook (located at https://www.facebook.com/) Contestant must post a photo enjoying the Labor Day holiday weekend in the comments of the blu Facebook page.
  • Contestant will also be required to acknowledge that Contestant is at least 21 years of age and if chosen, before receiving the Prize, Contestant will be required to go through an additional age verification process.

Contestant’s entry must be received by Promoter between September 1, 2017 at 12:00 am EST and ends on September 4, 2017 at 11:59 pm EST.

A qualifying entry requires all of the following elements submitted to the blu Facebook® page or blu Twitter® page.

  • Acknowledgment that Contestant meets the eligibility requirements criteria: Contestant is at least twenty-one (21) years of age and a resident of one of the participating 48 United States (except for Massachusetts and Michigan and wherever restricted or prohibited by law) or the District of Columbia.
  • Contestant must submit an Entry, as described above.
  • Contestant must submit a photo, as described above.
  • The required Personal Information and age verification process, as described above.

By submitting an Entry into the Contest, whether complete or not and whether eligible or not, each entrant represents and warrants to Promoter that the Entry (including, without limitation,): (a) is the entrant’s original creation; (b) has not copied, in whole or in part, any other work; (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights.  Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate content (as determined by Promoter in its sole discretion) will be grounds for disqualification of Entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Promoter in its sole discretion, will be disqualified. Promoter will not deem proof of submission of an Entry as proof of receipt of a valid entry.

LIMIT:  One (1) Entry per Contestant per social media page during the Contest Period.  Any additional Entries will not increase the Contestant’s chance of winning. In case of dispute, Entry will be deemed made by authorized account holder of the email account associated account used to enter the Contest, as determined by Promoter in its sole discretion.

WINNER SELECTION PROCESS:

Following the Contest Period, Contestant’s Entry will be judged by a panel of judges selected by Promoter in Promoter’s sole discretion.  The panel of judges will select three (3) winners of the Contest through a blend of the amount of “likes” and/or “retweets” via their Facebook comment and/or Twitter post and the judges’ discretion based on the photo submitted.   The winners will be selected September 5, 2017, from the valid entries received in accordance with these terms and conditions. The potential winners must age verify through age verification methods set forth in the notification of winning email from the Promoter to the potential winner. If the potential winner cannot age verify through such methods, then the potential winner is disqualified.  In the event of a tie, the potential winner will be the Contestant whose

The Winners of the Prize are referenced hereinafter as the “Prizewinners”.

If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Contestant’s claim to the Prize is forfeited and an alternate qualifying and eligible Contestant may be contacted, at Promoter’s sole discretion.

A Prize legitimately claimed will be awarded.

PRIZE:

  • Three (3) Prizewinner will receive the following:

1 blu T-shirt

TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF PRIZE:  US $10.00

Only (3) Prizewinners will win the Prize. The Prizewinners will be required to review and execute further contracts and releases provided by Promoter and/or related to suppliers of the Prize in order to receive the applicable Prize.

A CONTESTANT IS NOT CONSIDERED A PRIZEWINNER UNLESS AND UNTIL PROMOTER HAS COMPLETED ITS VERIFICATION OF CONTESTANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES AND CONTESTANT HAS PROVIDED THE SIGNED AFFIDAVIT/RELEASE.

PRIZEWINNER NOTIFICATION PROCESS:

The potential Prizewinners will be notified within 48 hours of being selected, via Facebook/Twitter message from the blu Facebook/Twitter page. The potential Prizewinners 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. IT IS THE POTENTIAL PRIZEWINNER’S SOLE RESPONSIBILITY TO CONFIGURE HIS/HER SPAM SETTINGS SO THAT PROMOTER OR ITS DESIGNATED REPRESENTATIVE CAN CONTACT HIM/HER VIA EMAIL. The potential Prizewinners must age verify through age verification methods Promoter sets forth to the potential Prizewinners in notification email. If the potential Prizewinners cannot age verify through such methods, then the potential Prizewinners are disqualified.

The Promoter will make reasonable efforts to contact the Prizewinners. However, if the winner has not responded to the Facebook/Twitter message sent to the potential Prizewinner’s Facebook/Twitter account that entered the contest within 24 hours; or, Prizewinner does not age verify through age verification methods Promoter sets forth to the Prizewinner in the notification email within 72 hours of receiving the notification email, Prizewinner does not age verify through promoter’s age verification methods and/or fails age verification process; or if the selected Prizewinner is ineligible, otherwise in breach of these terms and conditions, the Promoter reserves the right to select an alternative Prizewinner using the same process referred to above in these terms and conditions, time permitting. As part of the verification procedure, potential Prizewinners will be required to sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where legal). In the event of noncompliance with this requirement, the prize will be forfeited and an alternate winner selected.

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 winners e-mail provider.)

ADDITIONAL PRIZE INFORMATION:

Promoter will not replace any lost or stolen documents related to the Prize. In the event of such a loss, Promoter shall have the right, in Promoter’s sole discretion, to disqualify the Prizewinners or to award to that Prizewinners the remaining elements of the Prize which shall constitute full satisfaction of Promoter’s Prize obligation to the Prizewinners and no additional compensation or Prize will be awarded to such Prizewinners.

The Prizewinners will be required to review and execute further contracts and releases provided by Promoter in order to receive the Prize.

There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Promoter’s sole discretion.

Prizewinners are solely responsible for the reporting and payment of any and all applicable federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded.  Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.

PRIVACY STATEMENT:

Contestants’ personal information will be utilized by the Promoter for fulfillment of Contest Prizes and to comply with legal requirements. To review Promoter’s Privacy Policy, go to https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html. To review Promoter’s terms of use, https://www.blu.com/en/US/faqs/our-policies/Terms-and-Conditions.html. By entering this Contest, Contestants accept and agree to abide by these privacy policies and terms of use.

OWNERSHIP AND LICENSE:

All Contest related materials (“Submission”) become the property of the Promoter and will not be acknowledged or returned.  The copyright in any Submission shall remain the property of the Contestant, but entry into this Contest constitutes Contestant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Promoter and/or others authorized by the Promoter, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission.  Promoter and/or others authorized by Promoter shall have the right to edit, adapt, and modify the Submission at their discretion.

Any use by a Contestant of any of the Promoter trademarks or copyright interest is strictly prohibited and may subject Contestant to civil and/or criminal liability.

PUBLICITY GRANT:

Except where prohibited by law or Promoter’s Privacy Policy, the Prizewinners shall be required to grant Promoter the perpetual and irrevocable right and license to use his/her name, photograph, and visual likeness, statements, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Promoters’ web sites), in perpetuity, without further compensation, notice, review or approval.

NO WARRANTIES:

ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” PROMOTER makes no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.

All trademarks are the property of their respective owners.  The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Contest by such companies.

RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

By entering, ALL participants IN THE CONTEST, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the PROMOTER from and against any and all THIRD PARTY claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the CONTEST and the ACTIVITIES OR FOR ANY and all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE PROMOTER.

DISCLAIMERS / LIMITATIONS ON LIABILITY:

By ENTERING, ALL PARTICIPANTS IN THE CONTEST agree that PROMOTER assumes no liability whatsoever for injuries or damages of any kind sustained in connection with THE CONTESTANT’S ENTRY INTO THE CONTEST, the use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any CONTEST-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.

The Promoter is not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Promoter is not responsible for any typographical errors in these Official Rules, Contest content or any advertising materials for the Contest, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Promoter or the user, or by any of the equipment or programming associated with or utilized in the Contest, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Contest, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.

If the Contest becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Promoter, the user or by any of the equipment or programming associated with or utilized in the Contest, Promoter reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Contest or any Contest offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Contest prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Promoter’s control.

GENERAL CONDITIONS OF ENTRY:

All Contestants, as a condition of entry, agree that they have not purchased any kind of Internet servicing system whatsoever in order to participate in and/or enter the Contest through electronic and/or mechanical tampering of the Contest or Contest webpage. Contestants agree not to knowingly damage or cause interruption of the Contest or Contest webpage and/or prevent others from utilizing the Contest or Contest webpage. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, CONTEST WEBPAGE, OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.

IF SUCH AN ATTEMPT IS MADE, PROMOTER MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL CONTEST PARTICIPANTS MAKING SUCH ATTEMPT AND PROMOTER MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

GOVERNING LAW AND VENUE:

The parties agree that the Contest and these Official Rules will be governed, construed and interpreted under the laws of the State of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of North Carolina. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Contest will be brought in the courts located in North Carolina and (ii) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of class action.  Contest participants hereby waive any and all objections to personal jurisdiction.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest but in no event attorneys’ fees.  Under no circumstances will contest participants be permitted to obtain awards for, and hereby waive 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.

OFFICIAL RULES:
CONTEST PROMOTER: blu E-Cigarettes c/o FONTEM US, INC, 1100 S. Tryon St., Ste. 350, Charlotte, NC 28203