GAME SPECIAL RESERVE GIVEAWAY
TERMS AND CONDITIONS
- PROMOTION TIMING: The Game Special Reserve Giveaway (the “Promotion”) begins at 12:00 a.m. Eastern Time (“ET”) on January 24, 2024 and ends when the supply of 30,000 Game Special Reserve hats is exhausted (the “Promotion Period”). The entire duration of the Promotion runs from January 24, 2024 until all potential participants have been verified and offers have been redeemed (“Entire Promotion Period”).
- Eligibility: The Promotion is open to legal residents of, and currently residing in, the 50 United States and the District of Columbia, who are 21 years of age or older as of date of participation. Employees of SMCI Holding, Inc. (“Sponsor”) and its affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies, persons engaged in the development of Program materials or events, and Don Jagoda Associates, Inc., and members of their immediate families (spouses, parents, children, and siblings and their spouses) living in the same household of each are not eligible. Groups, clubs, organizations, commercial entities and businesses cannot participate. Void where prohibited by law and subject to all federal, state and local laws.
- How to Participate/Receive an Offer/Offer Fulfillment: During the Program Period, purchase any specially marked pouches of Game Special Reserve Cigars that contain a QR code (“code”), while supplies last. Scan the code on the back of the Game Special Reserve Cigars and you will be directed to https://www.gamecigars.com/ (the “Site”). If you already have an account, you will be prompted to submit your email address and password to sign in (“Game Account”). If you do not have an account, you must first register for an account and complete all required registration information in order to proceed. After registering/signing in, follow the on-screen directions to redeem your code, and you may be eligible to receive one (1) Game Special Reserve cap (“offer”) (Approximate Retail Value: $35.00), while supplies last. If you are eligible to receive the offer, the offer will be automatically added to your cart. You must complete the checkout process to claim the offer (collectively, “offer redemption”). There is a maximum of 30,000 offers available. Sponsor will make the final determination as to who will receive the offers. Limit one (1) offer per person/Game Account. Offers will be mailed to the mailing address on your Game Account within 4-6 weeks after the Promotion Period is over. Return of any offer as undeliverable will result in forfeiture of offer. All registrations are subject to verification. Sponsor reserves the right to substitute the original offer (30,000 total) with an offer of equal or greater value in the event that the offer becomes unavailable for any reason. Codes that are redeemed on the Site will be recorded on the Site during the Promotion Period. If you are unable to scan your code, you may call 270-685-8777 or email info@smna.com for assistance. Codes can only be scanned one time.
- General: Use of computer programs and other automatic means to participate in the Promotion is prohibited. Any attempt by any participant to obtain more than the stated number of offers by using multiple/different Game Accounts, email addresses, mailing addresses, identities, or any other methods will void such offer redemptions. Use of any automated system to participate is prohibited and will result in disqualification. Any attempt by any person to undermine the legitimate operation of the Promotion or Site may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Normal Internet access and usage/data charges imposed by your online/phone service may apply. By participating in the Promotion, participants agree to be bound by these Terms and Conditions. Game Accounts will be declared to be made by the authorized account holder of the e-mail address submitted at the time of registration. "Authorized account holder" of an e-mail address is defined as the natural person who is assigned to an e-mail address by an Internet Access provider, Online Service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute regarding the identity of the person submitting a registration form, the registration will be deemed to be submitted by the person in whose name the e-mail account is registered. Offer redemptions generated by script or bot are not eligible. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion or Site, then the Sponsor reserves the right at its sole discretion to cancel, terminate or modify the Promotion at any time for any reason, and fulfill only the eligible offer redemptions received prior to cancellation. Sponsor, its agencies and each of their respective parent, subsidiary and affiliate companies are not responsible for late, misdirected, or incomplete activities; or computer system, phone line, hardware, software or program malfunctions; or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor, its agencies and each of their respective parent, subsidiary and affiliate companies assume no responsibility or liability for damages, losses or injury resulting from the Promotion.
- DISPUTES: To the fullest extent permitted by law, participant agrees that: (1) any and all disputes, claims and causes of action brought by him/her arising out of or connected with this Promotion or any specific reward shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Commonwealth of Kentucky or an appropriate Kentucky Commonwealth Court if federal court is not a proper or available venue; (2) any and all claims, judgments and awards to participant shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys' fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant 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 Terms and Conditions, or the rights and obligations of the participant and Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of the Commonwealth of Kentucky, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Kentucky or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Kentucky.
- PRIVACY: Any personal information that you provide in connection with the Promotion shall be used by Sponsor to administer this Promotion, contact participants, and for the other purposes set forth in the Sponsor’s privacy policy located at https://www.gamecigars.com/privacy-policy/.
- SPONSOR: The Sponsor of this Promotion is SMCI Holding, Inc., Two James Center, 1021 East Cary Street, Suite 1600, Richmond, VA 23219.