Optimo Jacket Giveaway
Official Rules and Regulations
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF RECEIVING A PRIZE. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Promotion Period: The Optimo Jacket Sweepstakes (“Promotion”) begins at 12:00AM Eastern Time on Tuesday, February 22, 2022 and ends at 11:59PM Eastern Time on Monday, February 28, 2022 (“Promotion Period”). The Promotion will consist of seven (7) Promotion-specified posts throughout the Promotion Period, with each individual post corresponding to one (1) calendar day during the Promotion Period (each, an “Entry Period” and collectively, the “Entry Period”). The Sponsor’s time clock will be the official time keeping device for this Promotion. All interpretations of these Official Rules and decisions made by Sponsor relating to the Promotion are final. This Promotion is in no way sponsored, endorsed, administered by, or associated with Instagram.
2. Eligibility: The Promotion is open to persons legally and physically residing in one of the 50 United States or the District of Columbia, who are at least 21 years of age at the time of entry, and enter according to these official Promotion rules (“Official Rules”). Employees, agents, and directors of Swisher International, Inc. (“Sponsor”), its affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Promotion (“Promotion Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. This Promotion is void where prohibited by law.
By participating in this Promotion, participants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to fully, completely, and forever release, indemnify, and hold harmless Sponsor and any and all of its parents, subsidiaries, affiliates, and all other related entities, general and limited partners, joint venturers, successors, assigns, beneficiaries, attorneys, insurers, subrogees, advertising and promotional agencies, representatives, agents, principals, employees, officers, directors, and anyone else acting by, for, or through Sponsor, from and against any and all claims, demands, actions, cause of action, damages, suits at law, suits in equity, liabilities, illnesses, injuries, death, and any other losses, suffered, incurred, claimed, or brought by you (including any of your beneficiaries, successors, assigns, and anyone acting on your behalf), whether known or unknown, that currently exist or that may arise or occur, directly or indirectly, whether caused by negligence or not, in connection with your attempted entry, entry, or participation in the Promotion. This includes, but is not limited to, (i) your acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, or software; (iii) the unavailability or inaccessibility of any transmissions, or of telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; and (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
3. How To Enter: In order to enter the Promotion, entrants must do all of the following to receive one (1) entry in the random drawing: (i) log onto entrant’s Instagram account; (ii) visit the Optimo Cigars Instagram page (@optimocigars); where the entrant can follow @optimocigars and posts and (iii) locate the Promotion post for the current Entry Period; and follow the instructions to (iv) “like” the post and post a comment consistent with the instructions specified in the post prior to 11:59 p.m. ET of the applicable Entry Period to receive one (1) entry in the random drawing. The content of your comment(s) will not be judged and will therefore not increase or decrease your chances of winning a prize. Limit one (1) entry per person using only one (1) Instagram account per Entry Period. In order for entrant to submit an eligible entry via Instagram, entrant must have a valid Instagram account set as non-private. Entrants can open a Instagram account for free by registering with Instagram.com. Entrant must not use more than one (1) Instagram account to participate in the Promotion. Message and data rates may apply if entrant participates in the Promotion via mobile device.
Instagram comments must be responsive to the “call to action” and must not be obscene or offensive; must not depict alcohol, illegal drugs, firearms/weapons, or any activities that may appear unsafe or dangerous or illegal; and must not be sexually explicit or suggestive, all as determined by Sponsor in its sole discretion. Sponsor may, in its sole discretion, request an entrant to alter or remove any comment or alter or remove any comment itself that violate these Official Rules. Comments must be suitable for presentation in a public forum and in compliance with Instagram’s Terms of Service available at https://Instagram.com/tos, at the sole discretion of Sponsor.
All information submitted to Sponsor by participants is subject to and will be treated in a manner consistent with Sponsor’s Privacy Policy accessible at http://www.swisher.com/privacy-policy/. By participating in the Promotion, participants hereby agree that Sponsor may collect and use their personal information in compliance with its Privacy Policy and acknowledge that they have read and accepted the Sponsor Privacy Policy. In the event of a dispute over who submitted a winning entry, the “authorized account subscriber” of the Instagram account used to participate in the Promotion at the actual time of entry, will be deemed to be the participant. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
Alternative Method of Entry: As an alternative to entering online, you may also enter by mail. Limit one mail-in entry per Entry Period per person. In the entry, you must print legibly your complete name, physical mailing address, telephone number, date of birth, driver’s license number, and the label “Optimo Jacket Sweepstakes Entry” on a postcard. Each postcard must meet the USPS minimum size requirement of 5 inches long X 3 ½ inches high. The mail-in entry will be counted in the Entry Period Sponsor actually receives the entry. Printed address labels are considered mechanical entries and are therefore not accepted. Mass-produced entries are not accepted. Postcards are to be mailed to: Swisher International, Inc., 459 E. 16th St., Jacksonville, FL 32206, Attn: Danielle Rado. Mail-in entries received by Sponsor outside the Promotion Period will not be eligible.
4. Prize (One (1) total prize awarded)): one (1) winner will receive the prize. The prize is subject to availability, and Sponsor reserves the right in its sole and absolute discretion to award an alternate prize to winner. The prize will be a size Large Optimo branded bomber jacket.
The total ARV of the prize: $210.00. Sponsor will endeavor to place the prize in the mail within seven (7) business days from winner confirmation and verification, which includes receipt by Sponsor of any signed releases and/or affidavits from winner.
5. Publicity: By submitting an entry, any entrant in the Promotion irrevocably grants to the Sponsor and its respective successors, assigns and licensees, the right to use such entrant’s name and hometown (e.g. city and state), as well as the entry in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes, as well as in, on or in connection with the Sponsor’s website, social media accounts, the Promotion or other promotions, and hereby releases the Sponsor from any liability with respect thereto, unless prohibited by law.
6. Winner Determination: One (1) potential winner will be chosen at random approximately one (1) business day following the Promotion Period from among all eligible entries received during the entire Entry Period. The odds of receiving a prize will depend on the total number of eligible entries received during the entire Entry Period. Participant shall not have the right, and waives any and all rights, to challenge the results of the Promotion. Sponsor’s determination of the winner of the Promotion shall be final and binding. Winner’s receipt of the prize offered in this Promotion is conditioned upon compliance with any and all federal and state laws and regulations.
7. Winner Verification: Sponsor will attempt to contact the potential winner via Instagram direct message or comment within 24 hours from the time of the applicable random drawing and the potential winner must respond to Sponsor within two (2) business days with the information requested to be eligible for prize receipt. If the potential winner does not respond within the allowed period of time, or does not meet the eligibility requirements of these Official Rules, an alternate potential winner may be selected and notified for the prize. Sponsor shall have no liability for a winner’s failure to receive notices due to Internet issues or Instagram service error, winner’s security settings, or winner’s provision of incorrect or otherwise non-functioning contact information. The potential winners will be required to execute an affidavit of eligibility and release and may be required to prove their eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver’s license, passport or similar government issued identification when notified of being a potential winner. Provided a potential winner is in compliance with the Official Rules and has successfully proven eligibility and completed any/all documents provided when required, a potential winner will be confirmed and verified as a winner. In the event of non-compliance by a potential winner such potential winner shall be disqualified and all privileges otherwise due as a winner shall be terminated and an alternative potential winner next in contention for winner designation may be notified. Sponsor expressly reserves the right to delay the announcement of a winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate winner for the applicable prize in event that a potential winner fails to comply with these Official Rules.
8. Prize Terms: If for any reason the prize is unavailable or any prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Promotion in its sole discretion and award a substitute prize, or portion of a prize, of comparable or greater value as set forth in these Official Rules. Cable and/or mobile data service for a prize provided (as applicable) will be the sole responsibility of the winners. No substitution, transfer, assignment or cash equivalent of the prize, or any portion thereof, is permitted by a winner. Promotion Entities shall have no responsibility or obligation to the Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the prize. All costs and expenses not specifically listed above as part of the prize are solely Winner’s responsibility. PRIZE(S) ARE PROVIDED “AS IS”. PARTICIPANTS ACKNOWLEDGE THAT PROMOTION ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZE(S) AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any Prize pictured in online television, print advertising, and other Promotion materials are for illustrative purposes only. Arrangements for the fulfillment of the prize will be made by Sponsor.
9. Taxes: All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of a prize not specifically provided for in these Official Rules are solely each winner’s responsibility, including without limitation, providing any and all tax documents to the applicable government entity (such as an IRS Form W-9).
10. General Terms: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion should a virus, technical issue, non-authorized human intervention, fraud, act of God, act of terrorism, epidemics, pandemics (including, but not limited to (a) COVID-19 (a/k/a coronavirus) and/or (b) any communicable disease or threat thereof as such terms are defined in the 2019 Florida Statutes, Title XXIX, Chapter 381.003(1)), or other causes beyond Sponsor’s control that corrupt or affect the administration, security, fairness, or proper conduct of the Promotion. 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 failures, or any other causes beyond the reasonable control of Promotion Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Promotion, or any part of the Promotion. If the Promotion or any part of the Promotion is terminated or modified prior to the closing date of the Promotion, Sponsor will use reasonable efforts to post a notice on Sponsor’s social channels if time permits. Sponsor reserves the right to modify and amend these Official Rules from time to time in its sole discretion during the Promotion for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Promotion Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, or not received entries, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Promotion, or by any human, mechanical or electronic error that may occur in the processing of the entries in the Promotion, or other errors appearing within the Official Rules or in any Promotion related advertisements. Promotion Entities assume no responsibility for any typographical or other error in the printing of the entry, administration of the Promotion, errors in processing entries, identifying the winners, in the announcement of the prize(s) and winner(s), and the delivery of the prize(s), any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to participant’s or any other person’s computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in the Promotion. Use of any device to automate or subvert the entry process is prohibited and any entries received by such means will be void. Participants are prohibited from obtaining any entries by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of the Promotion; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such winner or Promotion Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Promotion; or (vi) to be acting in violation of these Official Rules. Any violation of these official rules by a winner will result in such winner’s disqualification as a winner of the promotion and all privileges as a winner will be immediately terminated. As a condition of participating in the promotion, participant agrees that under no circumstance will participant be permitted to obtain prizes for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for out-of-pocket expenses associated with entering the promotion. If any provision of these Official Rules shall be held void, voidable, invalid or inoperative, no other provisions of these Official Rules shall be affected as a result thereof, and, accordingly, the remaining provisions of these Official Rules shall remain in full force and effect as though such void, voidable, invalid or inoperative provisions had not been contained herein. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE CONTENT OR THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON OR PERSONS TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Dispute Resolution:
a. Any dispute or claim between you, on the one hand, and Sponsor, its parents, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
b. Claims include, without limitation, (a) Claims related to or arising out of any aspect of any relationship between you and Sponsor; and (b) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action to enjoin infringement or other misuse of intellectual property rights, which you or Sponsor may file in court.
c. You and Sponsor each agree to notify the other in writing of any Claim and will attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to Swisher International, Inc., attn: VP Consumer Marketing, 459 E. 16th St., Jacksonville, FL 32206. If you and Sponsor cannot resolve the dispute between yourselves within 30 days of you or Sponsor providing written notice, either party may initiate an arbitration.
d. You and Sponsor agree that the arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
e. You and Sponsor agree that no class action, private attorney general, or other representative claims may be pursued in arbitration. Unless you and Sponsor agree, Claims of two or more people cannot be joined or consolidated in the same arbitration.
f. You and Sponsor agree that this Promotion involves interstate commerce and that these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of Florida and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
12. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the name of the winner (first name and state) must be made by April 28, 2022 at 5:00PM ET. Vermont residents may omit return postage if requesting a set of Official Rules. For the name of the winner and/or Official Rules: (i) send a self-addressed stamped envelope to: Attn: Danielle Rado, 459 E. 16th St., Jacksonville, FL 32206 and (ii) write, as applicable, “Optimo Jacket Winner’s List” or “Optimo Jacket Official Rules” on the lower left hand corner of the envelope.
13. Sponsored by: This Promotion is sponsored by Swisher International, Inc.