Re: PENDING *6/3/19* Marlboro.com {Tobacco} Marlboro
7. Determination and Verification of Potential Winners: Administrator is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding in all matters related to the Instant Win Game. Receiving a prize is contingent upon compliance with these Official Rules. There will be ninety thousand three hundred eight (90,308) random, computer-generated winning times; one winning time for each prize listed in Section 5, will be generated during the Promotion Period. If you are the first player to play the Instant Win Game at or after one of the random computer-generated winning times, you will be a potential instant winner of the prize indicated. Each potential winner of a prize valued at or over $600 will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”) which must be received by Administrator, within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize If a potential winner cannot be contacted, fails to sign and return the Declaration (if applicable) or provide any other requested information within the required time period (if applicable), prize is returned as undeliverable, or prize is undelivered based on missing information (including, but not limited to, a valid address and valid phone number), potential winner forfeits the prize. Entrants are responsible for keeping their contact information associated with their CCN current. Presenter is not responsible for any change in email or mailing address of an entrant. In the event that a potential winner of a prize valued over $25 is disqualified for any reason, Presenter will award the applicable prize to an alternate winner by random drawing from among all remaining eligible plays. There will be five (5) alternate drawings after which the prize will remain unawarded. Unclaimed prizes valued at $25 or less will not be awarded. Prizes will be delivered 8-10 weeks after the conclusion of the Instant Win Game.
8. Release: By receipt of any prize, winners agrees to release and hold harmless Presenter, Administrator, prize suppliers, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Instant Win Game or receipt or useor misuse of any prize.
9. Publicity: Except where prohibited, participation in the Instant Win Game constitutes winner’s consent to Presenter’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS INSTANT WIN GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PRESENTER RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Presenter will not be responsible for lost, late, damaged, misdirected or mutilated mail, misdirected email, or for any technical problems, faulty, lost, garbled, incomplete, incorrect or mistranscribed data transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer related to or resulting from participating in or experiencing any materials in connection with this Instant Win Game. Presenter is not responsible for malfunctions or breakdown of any network systems, unavailable service connections, lost, incomplete, faulty network connectivity of any kind, failures of any service providers, or any combination thereof, which may limit a person’s ability to participate in this Instant Win Game. Proof of a winning Instant Win Game play will not be deemed to be proof of receipt by Presenter. Presenter reserves the right to suspend, cancel or modify the Instant Win Game if it cannot be executed as planned for any reason including, but not limited to, if fraud or technical failures destroy the integrity of the Instant Win Game; or if a computer virus, bug or other technical problem corrupts the administration, security, or proper play of the Instant Win Game as determined by Presenter and/or the independent judging organization, in their sole discretion. If the Instant Win Game is so cancelled or modified, Presenter will award any unawarded prize(s) from among all eligible plays received prior to such action (assuming a sufficient number of plays are received) in a random drawing, and Presenter shall have no further obligation to any participant in connection with this Instant Win Game. Additionally, if an entrant receives an Instant Win Game win message, he/she will remain a potential winner unless such winner is disqualified for any reason as determined by Presenter in its sole discretion. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions. Presenter and/or Administrator reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the participant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Instant Win Game; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Instant Win Game; (4) technical or human error which may occur in the administration of the Instant Win Game or the processing of plays; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Instant Win Game or receipt or useor misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another play in the Instant Win Game, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Presenter reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Dispute Resolution: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for New York or an appropriate New York State Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Presenter in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. Entrant's Personal Information: Information collected from entrants is subject to the Presenter’s Privacy Policy (
https://www.marlboro.com/gconnect/cms_privacy.action) and Administrator’s privacy policy (
HelloWorld, Inc. Privacy Policy | helloworld.com). If you are chosen as a winner, your information may be included in a publicly available winner list.
14. Winner List: For a winner list, visit
http://bit.ly/2TyDcvQ. The winner list will be posted after winner confirmation is complete.
© 2019 Philip Morris USA POS#M6039
© 2019 HelloWorld, Inc. All Rights Reserved.
