AVAIL VAPOR CUSTOMER SWEEPSTAKES OFFICIAL RULES (update Nov 2020)
The Avail Vapor Customer Sweepstakes (the “Sweepstakes”) are intended for participation only for legal residents of the 50 United States or Washington D.C. (void outside of the US and FL, MA, MI, NY, RI, VT, U.S. Territories and where prohibited) and shall be construed according to, and governed by, United States law. Do not participate in the Sweepstakes if you are not a legal resident of a state of the United States or the District of Columbia or physically located in a state of the United States or the District of Columbia at the time of entry, or if you do not fall within the eligibility requirements set forth in the Official Rules below. The Sweepstakes are not available to legal residents of, or persons located in, Florida, Massachusetts, Michigan, New York, Rhode Island or Vermont.
NO PURCHASE, DONATION OR PAYMENT NECESSARY TO WIN. A PURCHASE, DONATION OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Please see specific Sweepstakes Announcements for beginning and end dates. By participating in Sweepstakes, each Entrant (“Entrant” or “You”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Avail Vapor, LLC, a Virginia limited liability company with its principal place of business located at 424 E. Grace Street, Richmond VA 23219 (“Sponsor”), or its affiliates or promotion partners, which shall be final and binding in all respects. Sponsor reserves the right to modify or terminate the Sweepstakes if conditions arise that compromise its integrity or intended play.
ELIGIBILITY: Only legal residents of a state of the United States or the District of Columbia, other than Florida, New York, or Rhode Island, who are at least 21 years of age at the time of entry into the Sweepstakes and are located in a state of the United States (other than Florida, Massachusetts, Michigan, New York, Rhode Island or Vermont) or the District of Columbia at the time of entry, are eligible to enter the Sweepstakes. Only AVAIL Life Members are eligible for Sweepstakes. Sponsor and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies, and each of their respective officers, directors, managers and employees (collectively, “Associated Persons”), along with Associated Persons’ immediate family members and the Associated Persons’ household members, whether related or not, are ineligible to enter the Sweepstakes or win any Prize (as defined below) in connection with the Sweepstakes. “Immediate family members” means parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” means people who share the same residence at least three months a year. The Sweepstakes is subject to all applicable federal, state, municipal, and local laws and regulations and is void in Florida, New York, Rhode Island, Puerto Rico, all U.S. territories and possessions and overseas military installations, countries other than the United States, and where prohibited.
HOW TO ENTER: Please see specific Sweepstakes guidance for each Sweepstake. Sweepstakes are open to AVAIL Life Members only, You may also enter and receive a unique identifier entry by mailing a letter with the title of the Sweepstakes, your full name, home address, telephone number, and email address to Avail Vapor, LLC, 424 E. Grace Street, Richmond VA 23219. No purchase is necessary to enter or win the Sweepstakes, and entries based on a purchase will receive no preference over entries based on mailed letters. By entering the Sweepstakes via purchase or email, Entrant hereby consents for Sponsor to contact Entrant with regard to the Sweepstakes. In the event Entrant expressly requests not to be contacted by Sponsor, Entrant will be ineligible to win the Sweepstakes.
AVAIL Life Membership: If you are not an AVAIL Life Member (ALM), you may visit any AVAIL store for in-store sign up or call the AVAIL customer service line at 1-800-38-AVAIL to sign up over the phone.
All entries must be actually received no later than the end of the Sweepstakes Period in order to participate. The availvapor.com database clock will be the official timekeeper for this Sweepstakes. Any communication, data or other information transmitted by an Entrant in connection with the Sweepstakes, regardless of the manner of transmission, is and will be treated as non-confidential and non-proprietary except as specifically noted in these Official Rules. Entry must be made by the Entrant only by satisfying the submission requirements above. Entries made by any other individual or any entity, including commercial sweepstakes subscription notification and entering service sites, will be declared invalid and disqualified for the Sweepstakes. Sponsor reserves the right, in its sole and absolute discretion, to reject, disqualify and/or remove any submission that violates these Official Rules without any notification or warning. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): Please see specific information within individual Sweepstakes.
The Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions shall be available; provided, however, that Sponsor retains the right to substitute a prize of comparable or greater value or, at Sponsor’s election, the cash value of the applicable Prize, in the event a stated Prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Sponsor has no way of knowing or accurately estimating the number of such entries.
WINNER SELECTION AND NOTIFICATION: Winners are selected at random from amongst eligible entrants and communicated as per guidance in individual Sweepstakes announcements. The Sponsor will attempt to contact each potential winner of a Prize using the contact information provided by the potentially winning entrant at the time of entry. If the selected entrant cannot be reached within one (1) business day after the date of the selection or after two (2) attempts to contact such entrant, whichever comes first, or if the selected entrant is otherwise ineligible or fails to complete the Prize Claim Documents (as defined below), Sponsor shall have no obligation to award such Prize, but Sponsor shall have the right, in its sole discretion, to award the applicable Prize to another entrant selected by the aforementioned criteria from the remaining eligible entries. This process may continue, in Sponsor’s sole discretion, until the available Prizes have been awarded. Sponsor shall have no liability for any winner notification that the winner does not receive for any reason. If any Prize or Prize notification is returned as undeliverable, if any entrant rejects his/her Prize, or in the event of noncompliance with these Sweepstakes rules and requirements, such Prize will be forfeited. Upon Prize forfeiture, no compensation will be given.
GENERAL PRIZE CONDITIONS: Each winner of a Prize shall be solely responsible for all applicable federal, state, municipal and/or local taxes, and for any other fees or costs associated with the Prize awarded. All expenses not specifically stated as being included are excluded, including, but not limited to, taxes, including any income or property tax, and are the responsibility of the winner. Potential winners may be required to execute an Affidavit of Eligibility and a Publicity and Liability Release, and any applicable forms required by a taxing authority (collectively, “Prize Claim Documents”). If a potential winner fails or refuses to sign and return all Prize Claim Documents within the specified time period, such potential winner may be disqualified, and an alternate winner may be selected at Sponsor’s sole discretion.
GENERAL RELEASE AND INDEMNITY: Except where prohibited, participation in the Sweepstakes constitutes a winner’s permission for Sponsor and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors, managers and employees (the “Sponsor Entities”) to use winner’s name, photograph, likeness, voice, biographical information, statements, and city and state of residence for advertising and/or publicity purposes, related to the Sweepstakes only, worldwide and in all forms of media now known or hereafter developed, in perpetuity (TN residents grant this right of publicity for fifty (50) years), without further compensation, and each Entrant hereby releases the Sponsor Entities from any liability with respect thereto. Each Entrant agrees that each of the Sponsor Entities is not responsible for, and is released from any liability for (a) 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (e) any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or in any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of any Prize, including any personal injury arising from any defect in any Prize; or (f) any damage to your computer system which occurs by accessing the Website or participating in the Sweepstakes. Each Entrant acknowledges and agrees that none of the Sponsor Entities has made any warranty, representation, or guarantee, express or implied, in fact or in law, with respect to any Prize, including, without limitation, concerning such Prize’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an Entrant which cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website; to be acting in violation of these Official Rules, in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten, or harass any other person; or attempting to do any of the foregoing, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
EACH ENTRANT AGREES TO RELEASE, DISCHARGE, DEFEND, INDEMNIFY AND HOLD HARMLESS EACH OF THE SPONSOR ENTITIES FROM ANY AND ALL INJURIES, LIABILITY, LOSSES, AND DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, TO PERSONS OR PROPERTY RESULTING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR ANY SWEEPSTAKES-RELATED ACTIVITY OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY AWARDED PRIZE, INCLUDING ANY TRAVEL RELATED THERETO, OR ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT SET FORTH HEREIN, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, OR ANY OTHER INTELLECTUAL PROPERTY-RELATED CAUSE OF ACTION. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should virus, bugs, non-authorized human intervention, fraud, or other causes beyond its control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes, as determined by Sponsor in its sole discretion. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor.
DISPUTES: By entering the Sweepstakes, each Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any Prize(s) awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, or consequential damages, any and all rights to have damages multiplied or otherwise increased, and/or any other damages, apart than actual out-of-pocket expenses. VENUE/JURISDICTION: EACH ENTRANT HEREBY IRREVOCABLY CONSENTS AND SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS, AS APPLICABLE, LOCATED WITHIN THE STATE OF VIRGINIA IN CONNECTION WITH ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES AND WAIVES ANY OBJECTION TO VENUE IN SUCH COURTS.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in full force and effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
By entering, you agree that Sponsor and its affiliates are the owners of all trademarks, trade names, copyright, logos, designs, materials, and other intellectual property associated with this Sweepstakes. WINNERS LIST: For the list of Prize winners or a copy of these Official Rules, mail a self-addressed, stamped envelope with the name of the Sweepstakes to: Avail Vapor, LLC, 424 E. Grace Street, Richmond VA 23219 (VT residents may omit return postage on requests for Official Rules) so that it is received by Sponsor no later than six (6) months following the end of the Sweepstakes Period.