NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO THESE OFFICIAL RULES.
By submitting a Submission, you hereby acknowledge and agree that your Submission may APPEAR ON SPONSOR’S WEBSITE, SOCIAL MEDIA CHANNELS, and other digital platforms without prior consent by or notice to the ENTRANT and for no additional compensation.
1. Eligibility: THE PROMOTION IS OPEN TO INDIVIDUALS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE NICOTINE CONSUMERS 25 YEARS OF AGE OR OLDER AT THE TIME OF SUBMISSION AND WHO HAVE A VALID USERNAME FROM SPONSOR. Employees, officers and directors (and their immediate families [spouse, children, parents, siblings, and their respective spouses] and those living in their same households) of Sponsor, its parent, affiliates, subsidiaries, advertising and promotion agencies, and Web masters/suppliers are not eligible. By participating, Entrants agree to abide by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion. Promotion subject to applicable federal, state and local laws and regulations.
2. Promotion Periods: The Promotion begins at or about 12:00:00 AM Eastern Time ("ET") on July 1, 2020, and ends at or about 11:59:59 p.m. ET on December 10, 2020 (the "Promotion Period"). The Promotion Period consists of seven (7) separate periods consisting of:
a. Submission period where Entrants may submit their entry video and submission form. The submission period begins at 12:00:00 AM ET on July 1, 2020 and ends at 11:59:59 PM ET on July 31, 2020 (“Submission Period”).
b. Finalist judging period where all Submissions are judged by a panel of judges to determine the fifteen (15) Finalists (“Finalist Judging Period”). The Finalist Judging Period will occur August 1, 2020 through August 9, 2020.
c. The Finalists who are working on their video to define the details of their idea (“The Pitch”) from August 10, 2020 through August 28, 2020, will have a 30 minute Sponsor-specified mentor call sometime between August 17, 2020 and August 21, 2020 (“Mentor Assistance Period”).
i. The Finalists’ final pitch video must be submitted by 5:00:00 PM ET on August 28, 2020 (“Pitch Video Due Date”).
d. Each Finalist will attend a virtual question and answer session with Sponsor (“Q&A”) sometime between August 31, 2020 through September 4, 2020 (“Q&A Period”), where a final virtual pitch video will be compiled by Sponsor consisting of the Initial Finalist Video and recorded Q&A Session (collectively, the “Finalist Video”).
e. There will be three (3) Finalist Video episode air dates on Instagram TV (each, an “Episode Air Date”): September 24, 2020; October 22, 2020; November 12, 2020. Each Episode Air Date will air five (5) Finalists’ Finalist Video so that after all three of the foregoing Episode Air Dates have concluded, each Finalists’ Finalist Video will have been shown once.
f. A public voting period, where members of the public can cast their vote for their favorite Finalist Video for each Episode Air Date, over a 24-hour period on the dates set forth above. The Finalist Videos will be available on the Instagram TV (IGTV) app for viewing and public voting (each a “Public Voting Period”). IGTV is a free, downloadable app. Public voting begins at the hour each Episode Air Date begins, and ends 24 hours after the airing on each Episode Air Date.
g. Season Finale will be aired on December 10, 2020 (“Season Finale Air Date”) where each First Prize Winner’s Finalist Video will re-air on IGTV for a second public voting period where members of the public can cast their vote for their favorite Finalist Video in order to determine the overall one (1) Grand Prize Pitch Winner.
3. How to Enter: To participate, you must have a Username (as described in Rule #1). If you do not have a Username, see “How to obtain a free Username and update your Username contact information” below. Upon obtaining a Username, Entrants can enter the Promotion (“Contest”) by visiting velo.com/hustle during the Submission Period, find and complete the online official entry form and upload a video of no more than three (3) minutes, explaining and containing the following elements: Short bio about Entrant, description of “a new business (to help establish)” or “an existing business (to take that business to the next level)” (hereinafter, the “Side Hustle”), what inspires them to pursue this Side Hustle, the greatest accomplishment thus far with the Side Hustle, and what would the Entrant use the prize money for if they were to win (collectively, the “Submission”). Limit one (1) Submission per Entrant during the entire Submission Period. Entries will be limited to the first five hundred (500) submissions received on the Sponsor’s website.
Sponsor is not responsible for internet or telephone line unavailability, incomplete uploads of any Submission, or other technical problems that may arise in connection with your entry into the contest portion of the Promotion. Any attempt by any participant to enter by using multiple/different identities, or any other methods may disqualify that participant from winning any prize, at the sole discretion of Sponsor. By submitting a Submission, you hereby acknowledge and agree that the Submission, or portions thereof, may be shown on Sponsors website, social media channels, and other digital channels without prior consent by or notice and for no additional compensation. Further, each Entrant certifies that the Submission is his or her own original work, and that he or she has the right to allow the publication of the Submission without restriction, and Sponsor’s use of the Submission will not infringe the rights of any third parties (e.g., copyrights, rights of publicity, etc.).
Further, by uploading a Submission, Entrant agrees to grant a perpetual license to Sponsor, at no cost to Sponsor, in all intellectual property rights in the Submission, including, without limitation, the Sponsor’s right to publish, copy, edit, distribute and otherwise make available to the public and/or reproduce the Submission through any media available at any time during or after the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Promotion. In addition, Entrant warrants that any so called “moral rights” in the Submission have been waived in favor of Sponsor, and Entrant acknowledges and agrees that Sponsor may use any ideas from any Submission or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Submission or other materials.
How to obtain a free Username and update your Username contact information: A valid Username issued by Sponsor and password will be required to participate in the Promotion. A Username and password can be obtained for free at the Website, by registering as a new user by clicking on “Create An Account” on the Website. No responsibility is assumed for failure to contact an entrant due to that entrant’s failure to maintain or update his/her contact information. Contact information may be updated (subject to certain conditions imposed by Sponsor) by following the online instructions on the Website. Each entrant is responsible for the security of his/her Username and password. Each entrant should take precautions to keep his/her Username and password private to prevent unauthorized use. Sponsor will not be responsible for any losses, damages or consequences one may suffer due to careless or unauthorized use of a Username or password. Entrants must use only one (1) Username and password and must use the Username and password assigned to entrant by Sponsor. Should any entrant attempt to use more than one Username and/or password, or a Username and/or password that was not assigned to entrant, that entrant and their Plays (and entries into the random drawing) will be disqualified in Sponsor’s sole discretion.
By registering for a Username, entrants will automatically be added to the Sponsor's email and mailing distribution list. You may subsequently opt out of either distribution list by calling toll-free 1-866-255-1780 or logging on to velo.com and making changes within your profile regarding the receipt of email and/or mail from Sponsor. Opting out of either distribution list will not affect entrant's chance of winning. Please see Sponsor's Privacy Policy for details regarding the use of personal information collected in connection with this Promotion. If you are selected and verified as a winner, your information may also be included in a publicly available winner’s list. Additionally, any communication between a potential winner and Sponsor or its agencies regarding this Promotion (e.g., phone calls, text messages, chats, emails, etc.) may be recorded and retained for quality assurance and training purposes.
4. How Finalists Are Chosen: Then, during each Finalist Judging Period, Sponsor and/or Sponsor’s agency(ies) (the “Panel”) will judge each Submission using the Judging Criteria set forth below. The top fifteen (15) highest scoring Submissions who have the highest overall percentages using the Judging Criteria during the Finalist Judging Period shall be deemed “Finalists.” In the event of a tie, the winning Finalist will be deemed the Finalist who scored the highest in the “How compelling is the Pitch idea?” Judging Criteria from among all tying Submissions. Sponsor or Administrator will notify each potential Finalist immediately following the applicable Finalist Judging Period where he or she is selected as the Finalist. Sponsor or Administrator will make up to two (2) attempts to contact each potential Finalist. In the event any potential Finalist cannot be reached after two (2) attempts, that potential Finalist will forfeit his or her right to be deemed and official Finalist, and the next highest scoring Finalist during that Episode Judging Period will be the Finalist. Sponsor reserves the right to select fewer than fifteen (15) Finalists in the event there are not enough sufficient Submissions received during the Finalist Judging Period. In the event fewer than fifteen (15) Finalists are selected, Sponsor reserves the right to modify the number of First Prize or Runner Up Prize winners in the Finalist Judging Period.
Judging Criteria:
How compelling is the Pitch idea? (25%)
How innovative is the Pitch idea? (25%)
Is there a market for Entrant’s Pitch idea? (25%)
Q&A – Entrant’s response to Panel’s questions? (25%)
Finalist Episode Virtual Pitches: Then, each Finalist will have three (3) weeks from the date he or she is notified and verified as an official Finalist to work with a Sponsor-specified mentor on creating an up to 120 minute pitch video going more in depth about their original idea featured in their Submission (“Pitch Video”)**. Each Finalist’s Pitch Video must be submitted to Sponsor on or before the Pitch Video Due Date, or that Finalist may be disqualified at Sponsor’s sole discretion. Thereafter, each Finalist must participate in a virtual question and answer session with the Panel lasting approximately 30 minutes (“Q&A Session”), the format and details of the Q&A Session to be determined solely by the Sponsor, on the applicable Q&A Period date. The Q&A session and Pitch Video will be collectively captured by audio, visual, and/or audio-visual means, which will hereinafter be referred to as a “Finalist Video.” Finalists must be able to participate in the Q&A Session at their assigned time or such Finalist may be disqualified in Sponsor’s sole discretion. Please note: The Q&A session will be open to the public and other Entrants, and may also be recorded by Sponsor at Sponsor’s sole discretion.
Immediately following each Episode Virtual Pitch Q&A Session date, the Panel shall judge each Finalist Video using the Judging Criteria set forth in Official Rule #4 above. The Finalist Video with the highest overall score/percentage using the Judging Criteria shall be deemed the First Prize Winner for that Episode (for a total of 3 overall First Prize Winners during the entire Promotion Period) and will receive a First Prize. The Finalist Video with the second highest overall score/percentage shall be deemed the Runner Up Prize Winner for that Episode (for a total of 3 overall Runner Up Prize Winners for the entire Promotion Period) and will receive a Runner Up Prize. Each First Prize winner will then move on to the Finale Grand Prize Episode. Limit one First Prize and one Runner Up Prize per person. In the event of a tie, the winner will be deemed the Finalist Video who scored the highest in the “How compelling is the Pitch idea?” Judging Criteria from among all tying Finalist Videos.
Then, each Finalist Video will be featured on Instagram TV (IGTV) during the applicable Episode Air Date where the public can vote for their favorite Finalist Video. The Finalist Video who receives the most votes during each Public Voting Period will be deemed that Episode’s Viewer’s Choice Prize winner (for a total of 3 overall Viewer’s Choice Prize Winners for the entire Promotion Period). The Public Voting will be subject to the Public Voting Rules set forth in Official Rule #7 below. In the event of a tie, the winner will be deemed the person who had the highest score using the initial Judging Criteria during the Judging Period, from among all tying Finalists.
** The Pitch Video must be stated in English. If Entrant does not speak English, he/she is responsible for providing his/her own translator. The Virtual Pitch must also comply with the Promotion Guidelines stated in Rule #3 and these Official Rules.
Season Finale Grand Prize: Then, each verified First Prize Winner’s Finalist Video will re-air on IGTV on the Season Finale Air Date, where the public will once again vote for their favorite Finalist Video from among all First Prize winner’s Finalists Videos. The First Prize winner whose Finalist Video receives the most votes during the Season Finale Air Date will be deemed the Grand Prize winner. In the event of a tie, the Grand Prize winner will be deemed the person who had the highest score using the initial Judging Criteria during the Judging Period, from among all tying First Prize winners.
Limit one (1) Pitch per Entrant.
5. PROMOTION GUIDELINES: THE PITCH MUST COMPLY WITH THE FOLLOWING REQUIREMENTS TO BE ELIGIBLE. THE SPONSOR SHALL DETERMINE WHETHER EACH PITCH CONFORMS TO THESE GUIDELINES IN ITS SOLE AND ABSOLUTE DISCRETION.
· The Pitch must be Entrant’s original work and be unpublished;
· The Pitch cannot be sexually explicit or suggestive, or derogatory to any ethnic, racial, gender, sexual orientation, religious, professional or age group or the disabled, be profane or pornographic, be obscene, indecent or vulgar; reference alleged or illicit acts or activities; promote illegal drugs, firearms/weapons (or the use of any of the foregoing), or any particular political agenda or message;
· The Pitch cannot defame, misrepresent or contain disparaging remarks about other people, products or companies; advertise or promote any brand or product of any kind or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
· The Pitch cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead;
· The Pitch cannot communicate messages or images inconsistent with or antithetical to those that the Sponsor wishes to be associated with;
· The Pitch must not infringe upon or violate any rights of any third party, including but not limited to, intellectual property rights such as patents, copyrights, trade name/trademark/logo, and/or rights of privacy or publicity or portrayal in a false light or any other rights of any person or entity;
· The Pitch should not feature any images of a person who is under the age of 25 or styled to appear under the age of 25;
· The Pitch cannot depict and cannot itself be in violation of any law or otherwise identify a minor; and
· The Pitch or any portion of the Pitch cannot be related to “youth” or “youth-oriented activities” and/or “health” or “health-related activities” and/or illegal activities or behavior.
By participating, each Entrant warrants and represents that his/her Pitch fully and completely conforms to the stated requirements. Any such Entrant will indemnify and hold harmless Sponsor from any claims to the contrary. Any Pitch which violates the above requirements (all as solely determined by Sponsor), will be deemed ineligible.
By participating, Entrant grants permission for Sponsor to publish (in whole or part), post, edit and otherwise make use of, the Pitch in publication and/or on the World Wide Web and other promotional and marketing materials and any other lawful use as is consistent with these Official Rules (as solely determined by Sponsor) and Sponsor’s Terms of Use for the Website, and warrants and represents that he/she has properly secured, and has all right to grant such permission.
By participating, each Entrant acknowledges that Entrant’s Pitch and any related content may be disclosed during the Pitch to the public and other Entrants.
6. Privacy Policies and Data Collections: Information provided by you for this Promotion on the entry form, is subject to Sponsor’s privacy policy. By entering this Contest, each Entrant agrees that the Sponsor (or Administrator, on Sponsor’s behalf) has the right to contact the Entrant by phone, mail or email accounts provided on the Entry Form to administer and fulfill the contest portion of this Promotion.
ALL ENTRANTS ARE SUBJECT TO VERIFICATION BY ADMINISTRATOR AND SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
7. PUBLIC VOTING RULES: During the Public Voting Period and Season Finale Air Date, eligible Voters can visit IGTV to cast a vote for their favorite Finalist Video for each Public Voting Period and the Season Finale Air Date, as posted on the Website. Limit one (1) Vote per Voter Email per day. Votes generated by script, macro or other automated means will be disqualified. No one may offer to sell votes (or offer to be paid, whether in currency, in kind or other form of compensation, for votes). The use of automated or third-party software or Website to participate in the Public Voting Period is prohibited. Sponsor in its sole discretion reserves the right to disqualify any votes cast or entries associated with such votes in violation of the above restrictions.
8. PRIZE DETAILS:
One (1) Grand Prize: The Grand Prize winner will receive $25,000.00 (awarded in the form of a check, payable to winner). This amount is in addition to any other award(s) winner will receive to become a Grand Prize finalist.
Three (3) First Prizes: Each First Prize winner from each Judging Period will receive $10,000.00 (awarded in the form of a check, payable to winner).
Three (3) Runner-Up Prizes: Each Runner-Up winner from each Judging Period will receive $5,000.00 (awarded in the form of a check, payable to winner).
Three (3) Viewer’s Choice Prizes: Each Viewer’s Choice winner from each Judging Period will receive $2,500.00 (awarded in the form of a check, payable to winner).
Funds will be awarded in the form of a check, payable to winner, and will be distributed at the conclusion of the Promotion. Additionally, each winner understands Sponsor may ask him/her to participate in interviews, videos and/or promotional activities related to the Promotion at any time following the Promotion. NOTE: Sponsor cannot guarantee the success of any such outcome of use of funds.
Winner must accept funds as stated by Sponsor, or he/she forfeits the funding and such funds will be awarded to an alternate winner (the Entrant whose Pitch received the next highest cumulative score for the Promotion Judging). Sponsor reserves the right to substitute the funds (or portion thereof) with an item of comparable or greater value, at its sole discretion. Total value of all prizes is $77,500.00.
9. GENERAL CONDITIONS: By participating, (a) Entrants agree that R.J. Reynolds Vapor Company, its parent, affiliates, subsidiaries, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Promotion Parties”), Facebook, Inc., and Instagram, Inc. are indemnified, released and will be held harmless by Entrants from any and all liability, for: (a) any claims relating to the disclosure of Entrants’ Submission, Pitch Video, or any contents contained in the Submission or Pitch Video; (b) any damages, injuries or losses of any kind to person(s), including death, or property, arising directly or indirectly from the acceptance, possession, misuse or use of the funding awarded in this Promotion or his/her participation in this Promotion or any Promotion-related activity; (c) winners grant (and agree to confirm such grant in writing promptly upon request) to Sponsor and those acting under Sponsor's authority the right to the use of his/her name, photograph, likeness, voice, image, statements and biographical information, and at any time or times for advertising, trade, publicity and promotional purposes (including the advertising and promotion of tobacco products) in any media now known or hereafter discovered, worldwide and on the World Wide Web, without review, notification, approval or additional compensation, unless prohibited by law; and (d) Entrants, by entering, except where legally prohibited, grant permission for Sponsor (and agree to confirm such agreement in writing), and those acting pursuant to its authority to use, publish, exploit the Pitch as more fully set forth in the section below titled “Grant of Rights by Entrants”, and each winner further grants ownership of the Pitch as more fully set forth in the section below titled “Assignment of Rights by Winners”.
Winners will be required to complete, sign and return an Affidavit of Eligibility and Liability Release and, where lawful, a Publicity Release and any other releases or assignments as determined by Sponsor, in Sponsor’s sole discretion, prior to Sponsor’s distribution of funds. If all required documents are not fully executed as dictated by Sponsor, in Sponsor’s sole discretion, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, the Entrant may be disqualified and will not be compensated in any way, and another winner may be selected, at the sole discretion of the Sponsor. Federal, state and local income and other taxes on the funds, if any, are solely the responsibility of each winner. Winners will receive an IRS Form 1099 in the amount of the funds they won. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating, Entrant agrees that (i) Entrant’s submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, and (ii) Sponsor is free to disclose or otherwise disclose the contents contained in the Pitch on a non-confidential basis to anyone or otherwise use, exploit, edit or modify and assign the content of the Pitch without any additional compensation or notice to, or approval from, Entrant. Entrant acknowledges that, by participating, Sponsor does not waive any rights to use, assign or otherwise exploit similar or related ideas previously developed or known to Sponsor, or developed by its employees, contractors and agents, its affiliates and their employees, contractors and agents, or obtained from sources other than Entrant and Entrant agrees that he/she shall not have or make any claim against Sponsor or Promotion Parties resulting from such use, modification, assignment or other exploitation.
Grant of Rights by Entrants: By participating, Entrant grants Sponsor a perpetual, worldwide, irrevocable, assignable, sublicensable, royalty-free and fully paid-up license to the Pitch and Sponsor and its designees may exploit, edit, modify, post, use and distribute the Pitch and all elements of such Pitch in any and all tobacco advertising and in any and all media now known or hereafter devised, without limitation and without compensation, permission or notification to any Entrant or any third party.
Assignment of Rights by Winners: By accepting funding and the consideration related thereto, winners acknowledge and agree that (i) any and all results and proceeds of all services furnished by winners hereunder (including, without limitation, the Pitch and any other work based on or derived therefrom), and all other materials of every kind whatsoever created by winner at any time if relating to the Promotion (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor; (ii) Sponsor is the “author” of the Work for all purposes, including without limitation the copyright laws of the United States; and (iii) Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, including all so-called “moral rights of authors” and “droit moral” rights and any similar or analogous rights under the applicable laws of any country of the world. Winners also waive all so-called “moral rights of authors” and “droit moral” rights (and any similar or analogous rights under the applicable laws of any country of the world). Further, in consideration of the funds awarded to winners by Sponsor, and without limiting the binding effect of any of the foregoing provisions, in the event that any of the Work is not deemed to be a “work made for hire” for Sponsor, winners hereby irrevocably and exclusively grant and assign to Sponsor (or, if any applicable law prohibits or restricts such assignment, winner shall grant to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) all right, title, interest and ownership in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights, neighboring rights, trademarks, patents and any and all other ownership and exploitation rights in the Work therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in tobacco packaging and in any and all media, whether now known or hereafter devised.
Sponsor’s rights in and to the Work shall include, without limitation, the right to exploit the Work (or not) by any and all means now known or hereafter devised throughout the universe in perpetuity, including, without limitation, the right to alter, modify, edit, adapt, composite, morph, scan, duplicate, merchandise, use and cut the Work). Sponsor shall be free to exploit, license, sell and/or assign any or all of its rights in the Work at any time and from time to time, in whole or in part, to any person or entity, without permission from, or notice or compensation to, winners or any third party. In furtherance of and without limiting the foregoing, all revenues, if any, derived by Sponsor or its designees from the use, exhibition, publication, distribution, merchandising, transmission, licensing, display, selling or other exploitation of the Work shall be the sole and exclusive property of Sponsor and winner shall have no interest in or to any such revenues.
At the request of Sponsor, winners shall execute and deliver to Sponsor such assignments or other instruments as Sponsor may deem reasonably necessary to establish, protect, enforce and/or defend any or all of Sponsor’s rights in the Work. If a winner fails to so execute and deliver any such instrument as requested by Sponsor, Sponsor shall have the right to do so in winner’s name, place and stead, and Sponsor is hereby irrevocably appointed as winner’s attorney-in-fact for such purposes, which power is coupled with an interest.
Any Promotion materials including, without limitation, the offer, the Abbreviated Rules, these Official Rules, advertising and promotional materials and announcement of winners containing production, printing or typographical errors or obtained outside authorized, legitimate channels are automatically void; and the liability of Sponsor, if any, is limited to the replacement of such materials and Entrant, by participating, releases Sponsor, its parent, subsidiaries, advertising and promotion agencies, the Panel and their respective officers, directors, employees and agents from any and all losses, claims or damages that may result therefrom. Any inconsistencies between any advertising or other promotional announcements or any abbreviated form of the Official Rules and these Official Rules shall be resolved in favor of these Official Rules.
10. BINDING ARBITRATION: Any and all disputes, controversies or claims arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN SPONSOR’S PROMOTION, EACH ENTRANT AND WINNER AGREES 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 PROMOTION, OR ANY FUNDING AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, 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), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT AND WINNER'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
11. GOVERNING LAW & JURISDICTION: GOVERNING LAW & JURISDICTION: The Promotion Official Rules and the Promotion are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of laws or choice of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of North Carolina, and any matters or proceedings which are not subject to arbitration as set forth in Rule #7 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Winston-Salem.
12. WINNERS' LIST: To obtain a list of winners, mail your name and address on a first-class, self-addressed stamped envelope to: The VELO Hustle Live Pitch Promotion Winners' List, 1105 SE 8th Street, Grand Rapids, MN 55744 for receipt by January 6, 2021. Do not send any other correspondence to this address. Winners’ Lists will be mailed after all winners have been determined and verified.
SPONSOR: R.J. Reynolds Vapor Company, 401 N. Main Street, Winston-Salem, NC 27101.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to Sponsor and not to Facebook or Instagram. Any questions, comments or complaints regarding this Contest shall be directed to Sponsor and not to Facebook or Instagram.