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Eurocave Wine Cabinet Sweepstakes Official Rules

 

1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

 

2. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

3. Eligibility: The Eurocave Wine Cabinet Sweepstakes (referred to herein as the “Sweepstakes”) is open to legal residents of, and physically residing within the United States and the District of Columbia (but excluding residents of Alaska, Hawaii, Massachusetts, Michigan, Puerto Rico and the U.S. Virgin Islands) age 21 or older as of the date of entry. Employees of Administrator (defined below), JRCigars.com, Inc. (the “Sponsor”), its subsidiaries, affiliates, advertising and promotion agencies involved in this Sweepstakes, and their immediate families and persons living in the same households of each (collectively, the “Sweepstakes Entities”), are not eligible to enter or win. Sweepstakes is governed by U.S. law. Void in Alaska, Hawaii, Massachusetts, Michigan, Puerto Rico, U.S. Virgin Islands, U.S. territories and possessions, and where prohibited by law.

 

4. Sweepstakes Entry Period and random drawings: Sweepstakes begins at 12:00 am Eastern Time (“ET”) on December 11, 2024 and ends at 11:59 pm ET on December 22, 2024 (“Sweepstakes Entry Period”).

 

5. How to enter: There are two (2) methods of entry during the Sweepstakes Entry Period:

 

Method #1: You are automatically entered for a chance to win in the Sweepstakes when you make a purchase on any qualifying cigar products at www.cigars.com.

 

Qualifying cigar products: You will automatically receive (1) entry for every box purchase of:

  • Romeo Y Julieta

  • Montecristo

  • H. Upmann

  • Casa de Garcia

  • Gispert

  • Don Diego

  • Saint Luis Rey

 

Method #2: To enter Sweepstakes without making a purchase, you must visit https://www.cigars.com/sweepstakes and follow all online entry instructions to complete and submit the entry form.

 

Either method of entry outlined above will be referred hereafter as “Entry.” Regardless of entry method, limit up to 100 Entries per person during the Sweepstakes Entry Period. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in their sole discretion, they determine that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deceiving or using other unfair playing practices. Use of any automated system to participate is prohibited and will result in disqualification. Multiple entrants are not permitted to use the same email address. If Sponsor suspects that an entrant attempted to obtain more Entries than the limit stated above by using multiple accounts/identities or any other method, all Entries submitted by the entrant will be declared null and void, and the entrant may be disqualified from participation in the Sweepstakes at the Sponsor’s sole discretion. Sponsor is not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, wireless, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or via mobile phone transmission or any combination thereof. If you enter using a mobile device, standard data rates may apply from your carrier. In the event of a dispute, entry deemed made by authorized account holder of email address at time of entry or the disputed entry may be disqualified, determined in the sole discretion of Sponsor. All Entries become Sponsor’s property and will not be returned or acknowledged.

 

6. PRIZE: One (1) Grand Prize will be awarded. Grand Prize winner will receive one (1) Eurocave V-Pure-L Wine Cabinet (approximate retail value “ARV”: $3,999.99) and one (1) $1,000 Gift Card (ARV: $1,000.00). Total Grand Prize ARV: $4,999.99. Selection of wine cabinet and gift card is in Sponsor’s sole discretion. Wine is not included. Usage of gift card is subject to the issuing merchant’s gift card terms and conditions. Lost or stolen gift card will not be replaced. Prize images depicted in advertising and promotional materials are for illustrative purposes only. No prize substitution allowed except by Sponsor. Prize is not redeemable for cash except at the sole discretion of the Sponsor. The prize is non-transferable, non-refundable and non-assignable. Prize is awarded as is and no warranty, representation or guarantee is made by Sponsor or for which Sponsor may be liable. Sponsor shall not be responsible for any delays or any act or omissions whatsoever by the transportation company or any other persons providing any of the prize fulfillment services. If prize or any portion of prize is not available, Sponsor reserves the right to substitute the prize with another prize of comparable or greater value. If winner chooses to accept only a portion of the prize item, the remaining item will not be awarded and shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded.

 

Odds of winning depend upon the total eligible entries received during the Sweepstakes Entry Period.

 

7. Winner notification & verification: A random drawing will be conducted by the Administrator on or about December 23, 2024, whose decisions are final and binding. Potential winner will be notified via email and required to complete and return an Affidavit of Eligibility and Liability and a Publicity Release (“Affidavit”) within seven (7) days of date specified on notification. If a notification/Affidavit is returned as undeliverable, or if the Affidavit is not returned within the date specified on the notification, or if a potential prize winner is otherwise found to be ineligible or cannot accept/receive the prize for any reason, that potential winner will be disqualified and an alternate potential winner will be notified. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Attempts will be made to contact and/or verify up to five (5) alternate winners. After five (5) attempts to verify a winner fails, the prize may be provided to a charitable or non-profit organization of Sponsor's choosing, or may not be awarded, at Sponsor’s sole discretion. Winner will be required to furnish his/her/their Social Security number to the Administrator as a condition of receiving a prize, and an Internal Revenue Service 1099-Misc Form will be filed in the name of winner for the prize value awarded. Any attempts to circumvent eligibility requirements to improperly claim the prize are actionable to the full extent permitted by law. All federal, state and local taxes are the sole responsibility of winner.

 

8. General conditions: By entering, you (i) agree to be bound by these Official Rules, including all eligibility requirements; (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Sweepstakes; and (iii) release, hold harmless, and indemnify the Sweepstakes Entities and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each, from all claims, losses, injury, damages, and liability arising directly or indirectly or relating to your participation, acceptance, possession, use and/or misuse of prize. Acceptance of a prize constitutes permission (except where prohibited by law) for Sponsor to use winner’s name, hometown, likeness, prize won, voice, video, photo and comments about winning for purposes of advertising, promotion and publicity (in any and all media including online) worldwide, in perpetuity, without additional permission, compensation or notification. You agree not to issue any publicity concerning Sweepstakes Entities without permission of same.

 

YOU FURTHER AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

 

9. Privacy policy: By participating in this Sweepstakes, you acknowledge and agree that your personal information supplied to Sponsor may be used by Sponsor for internal marketing analyses and to provide you with future product promotional offers. Information provided by you will be treated consistent with Sponsor's privacy policy, which is located at https://www.cigars.com/privacy-policy.html. The Administrator will also have access to your personal information for purposes of administering this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly available winners list.

 

10. Limitation of liability/Arbitration: The Sponsor reserves the right to: (i) permanently disqualify from any promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw, modify, suspend or cancel the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes) and to select the winner from among all eligible Entries received prior to withdrawal or cancellation, or as otherwise deemed fair and equitable by Sponsor or Administrator. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Any attempt by an individual, whether or not an entrant, to deliberately damage, destroy, tamper or vandalize this website or interfere with the operation of the Sweepstakes is a violation of criminal and civil laws and the Sponsor reserves the right to seek damages and diligently pursue all remedies against any such individual to the fullest extent permitted by law. Sponsor does not warrant that access to the Sweepstakes will be uninterrupted and is not responsible for its inability to implement the Sweepstakes or award the prize as contemplated herein due to any “force majeure” event beyond its control, including delays or interruptions caused by acts of God, acts of war, natural disasters, pandemic, epidemic, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, order of any court or regulator.

 

Entrants waive all rights to trial in any action or proceeding instituted in connection with the Sweepstakes. Any controversy or claim arising out of or relating to the Sweepstakes shall be settled on an individual basis by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in the State of New York.

 

By participating in this Sweepstakes, each entrant expressively waives and relinquishes all rights and benefits afforded by California Civil Code 1542 and does so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTIES.

 

11. Winner’s list: For winner’s name (available after 1/31/25), send a stamped, self-addressed envelope for receipt by 1/31/25 to the Administrator at: Eurocave Wine Cabinet Sweepstakes Winner 2024, Ref: WG, Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.

 

12. Sponsor: JRCigars.com, Inc., 2589 Eric Lane, Burlington, NC 27215.

Administrator: Ventura Associates International LLC, 494 Eighth Ave, Suite 1700, New York, NY 10001.

 

13. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sweepstakes Entities’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sweepstakes Entities have sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

 

This Sweepstakes is not sponsored, endorsed, administered by or associated with Facebook, Instagram, YouTube, LinkedIn or X/Twitter. By participating in this Sweepstakes, entrants agree to release Facebook, Instagram, YouTube, LinkedIn and X/Twitter, from all claims and liability related to this Sweepstakes.