June 24, 2010
Video – Macanudo Millionaire Contest 2010 – Win A Trip To Palms Las Vegas, Possible $1,000,000
ELIGIBILITY: The Macanudo Millionaire Contest (the “Contest”) begins 6/7/10 at 12:00:00 a.m. EST and ends 8/31/10 at 11:59:59 p.m. EST (the “Contest Period”). The Contest is open only to legal residents of the United States who are twenty-one (21) years of age or older at the time of participation and who are legally residing in the U.S. throughout the Contest Period. Employees of General Cigar Company, Inc. (“Sponsor”), its parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and any other entities affiliated with the administration of the Contest and the immediate family members (parent, child, sibling, spouse) of each such person, and persons living in the same household as such person (whether related or not) are not eligible. Eligibility may be verified by Sponsor at any time. The Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
HOW TO ENTER ONLINE: Go to www.macanudomillionaire.com and fill-in the blank spaces of the official Contest and provide the required personal information. Entry submission must be in English. Follow the on-screen directions for submitting your Entry. You may also upload a photo or video to help illustrate your story, but it will not be factored in judging or determining the winner. If you choose to submit a photo, it must be in color and in JPEG or PNG file format (400k or less) (“Photo”).Video must be in English, not exceeding one (1) minute in length, and must be in .avi, .mov, or .mpg format (“Video”). Contest form, Photo, and Video are collectively referred to herein as “Entry.” By submitting your Entry, you agree that you have received permission for the use of the name, image and/or likeness of any and all identifiable persons appearing in your entry and you grant the Sponsor the right to post your Entry on www.macanudomillionaire.com during and after the Contest Period. You may be required to submit a release (to be provided by Sponsor) signed by each identifiable person appearing in your Entry granting Sponsor permission to use his or her name, image and/or likeness. Entrants must be the sole creators of the Entries (including photos and videos) submitted in this Contest. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of submission will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address.
Entrant represents and warrants that his/her Entry: (a) is 100% the original work of the entrant produced for this Contest; (b) has not been entered in or won previous contests or awards; (c) has not been published previously in any medium; (d) is not sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; (e) does not promote illegal drugs or firearms (or the use of any of the foregoing), or any activities that may appear unsafe or dangerous, or any particular political agenda or message; (f) is not be obscene or offensive, endorse any form of hate or hate group; (g) does not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (h) does not contain trademarks, logos owned by others (except trademarks and logos owned by Sponsor, Playboy, and/or Palms Resort and Casino), or advertise or promote any brand or product of any kind (other than those owned by Sponsor, Playboy and/or Palms Resort and Casino), or does not otherwise infringe any party’s intellectual property or privacy rights, , or contain any personal identification, such as license plate numbers, e-mail addresses or street addresses; (i) does not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media);(j) does not contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without such person’s explicit advance permission; (k) does not depict, and cannot itself, be in violation of any law.
Entry must be suitable for publication at Sponsor’s sole discretion. Entries that communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate will be disqualified in Sponsor’s sole discretion.
Entrant hereby agrees to defend, indemnify and hold harmless Sponsor, its parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, promotional and judging agencies, and any other entities affiliated with the administration of the Contest against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the entrant of any provision of these Official Rules, including, without limitation, entrant’s representations and warranties made herein.
Persons depicted in any Entry submitted must be the entrant or entrants can submit the names, likeness and photos of other individuals as long as they have received permission. Proof of submission does not constitute proof of receipt. Entries must be submitted by an individual, eligible entrant only; no group Entries allowed. All Entries become the property of Sponsor and none will be returned or acknowledged. By submitting an Entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation; that Sponsor is free to disclose the ideas contained in your Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. By accepting the Grand Prize, the winner agrees that his or her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her Entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to alter, change or modify the winning Entry, in its sole discretion.
Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Selection of Winner: All entries will be judged by a qualified panel of judges, including representatives of the Sponsor, based upon the following criteria: Creativity of overall story (1-40 points); description and expression of the cigar smoking experience (1-40 points); and relevance to Macanudo (1-20 points). The winner will be the entrant with the highest number of points. The decisions of the judges will be final and binding on all matters relating to this Contest. Winner will be notified on or about 9/14/10 by email, telephone and/or express mail. In the event of a tie, tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order, as needed, to break the tie. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
PRIZE (1): One (1) Grand Prize: A 3-day/2-night trip for four (4) (Grand Prize winner and up to three (3) guests) to Las Vegas, Nevada (“Grand Prize”). Grand Prize includes round trip coach air transportation for four (4) persons (Grand Prize winner and up to three guests) from the major commercial airport nearest Grand Prize winner’s residence to Las Vegas, Nevada, two (2) nights’ standard hotel accommodations (two rooms, double occupancy), ground transportation to and from Las Vegas airport and $1,200 food stipend. Grand Prize winner and up to three (3) guests will each receive one (1) opportunity to be dealt five (5) cards for a chance to win $2,000,000 at a time and location designated by the Sponsor during his/her trip to Las Vegas as follows: (a) if any of the participants has a Straight Flush or a Royal Straight Flush they will win $2,000,000 with the Grand Prize winner receiving $1,000,000 and $1,000,000 split evenly among the guest participants OR (b) if any of the participants has four of a kind but below a Straight Flush or a Royal Straight Flush they will win $100,000 to be split evenly among the winner and his/her guest participants OR (c) if any of the participants has a pair or higher but below four of a kind they will win $1,000 to be split evenly among the winner and his/her guest participants. Two (2) officials, designated by the Sponsor must be present when the cards are dealt. Grand Prize winner and his/her guests may be required to sign additional documentation to receive $2,000,000. The $2,000,000 prize will be payable as a twenty (20) year annuity in the amount of $50,000 per year (before taxes) for the Grand Prize winner and $50,000 per year (before taxes) that will be split equally amount the participating guests (up to a maximum of three). Trip to Las Vegas, NV must be taken on date designated by Sponsor, which is currently scheduled for 11/12/10 – 11/14/10. If Grand Prize winner is unable to travel during this time period, the Grand Prize will be forfeited in its entirety and Grand Prize winner will receive no compensation or alternate Grand Prize in lieu thereof and will forfeit his/her chance to participate for $2 million. If Grand Prize winner fails to participate in the poker hand on the time and date designated by Sponsor as outlined herein, Grand Prize winner forfeits the opportunity to compete for the $2 million and any right to win the $2 million prize available therein. Sponsor reserves the right to change the date of the poker hand and in such case, Grand Prize winner will be required to travel and/or take part in the poker hand on a time and date as designated by Sponsor. Sponsor (in its sole discretion) reserves the right to change the date, time or location of the trip or poker hand in its sole discretion. In the event that: the Grand Prize Winner or one of his/her guests are not dealt a Straight Flush or a Royal Straight Flush, then Grand Prize winner will not win $2 million. Approximate retail value (ARV) of Grand Prize trip: $8,700.00. Actual value of Grand Prize may vary depending upon Grand Prize winner’s point of departure and airfare fluctuations. Any difference between the estimated value and the actual value will not be awarded. All other expenses on the receipt and use of the Grand Prize not specifically mentioned herein, including but not limited to tips, gratuities, required ground transportation, all meals and beverages, and other miscellaneous expenses, are solely the responsibility of the Grand Prize winner and his/her guests. Prize is subject to availability, government restrictions and regulations, airport or other transportation terminal or other types of transportation restrictions and regulations. Other restrictions may apply. Sponsor is not responsible for cancelled, delayed, suspended or rescheduled events, including flights, beyond its control. Grand Prize winner and his/her guests must travel together on the same itinerary. Guests accompanying Grand Prize winner must sign and return release of liability/publicity prior to booking travel. Grand Prize winner and his/her guests are solely responsible for obtaining all necessary identification and/or travel documents required prior to travel. Guests of the Grand Prize winner must be 21 years or older. Any portion of this prize not accepted by Grand Prize winner or his/her guests will be forfeited. Prize is non-transferable and no cash equivalent or substitution of Grand Prize is offered, except at the sole discretion of the Sponsor.
Odds of Grand Prize winner winning the $2 million poker hand are 1 in 64,974. Total maximum possible approximate retail value of Grand Prize: up to $2,008,700.
GENERAL TERMS & CONDITIONS: Potential Grand Prize winner must execute and return an Affidavit of Eligibility and Liability/Publicity Release (where permissible) within ten (10) days of receipt of notification or Grand Prize will be forfeited. If Grand Prize or prize notification is returned as undeliverable, Grand Prize will be forfeited and awarded to an alternate winner with the next highest score. Submission of an Entry will constitute and signify the entrant’s agreement and consent that the Sponsor and/or the Sponsor’s assignees may use the Entry, entrant’s name, photograph, likeness and/or Grand Prize information for promotional purposes in commerce and in all media worldwide now known or hereinafter developed without time limitation and without further compensation, except where prohibited. Name and likeness of Grand Prize winner may be used by Sponsor and Sponsor’s designee(s) for promotional purposes without further compensation to Sponsor or the Grand Prize winner. If the Grand Prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. By submitting an Entry, entrants agree to these Official Rules, which are final and binding in all respects. Submission of an Entry grants Sponsor and its agents the right to publish, use, adapt, edit and/or modify the Entry in any way, in commerce and in any and all media worldwide now known or hereinafter developed, without time limitation and without further consideration to the entrant. Winner is solely responsible for any local, state, or federal taxes on Grand Prize. Contest is subject to all federal, state and local laws and restrictions. If, for any reason, this Contest is not capable of running as planned by any cause which, in the sole opinion of the Sponsor corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest, or if due to any technical, production or other error, more prizes are claimed or awarded than are described in these Official Rules, Sponsor reserves the right, at its sole discretion to cancel, terminate, modify or suspend this Contest and determine the winner from Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. No more than one (1) Grand Prize, as stated in these Official Rules, will be awarded. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with this Contest, will be governed by, and construed in accordance with, the laws of State of Virginia, without giving effect to any choice of law or conflict of law rules. Sponsor reserves the right to take such action as it deems necessary to enforce these Official Rules and ensure the fair operation of this Contest, including without limitation barring entrants who do not comply with these Official Rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Virginia.
Please see the privacy policy located at www.macanudomillionaire.com for details of Sponsor’s policy regarding the use of personal information collected in connection with this Contest.
LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, late, stolen, illegible, misdirected, mutilated, incomplete, or non-delivered Entries, or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Sponsor is not responsible for 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. Automated entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds may be tampering with the submission process or operation of this Contest, or may be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Any attempt to deliberately damage or undermine the legitimate operation of this Contest is unlawful and subject to legal action by Sponsor or its agents. As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, distributors and promotion agency, and each of their officers, directors, employees and agents (“Contest Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of Grand Prize, including any traveling related thereto (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or Grand Prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
WINNER’S NAME: For the name of the Grand Prize winner available after 9/30/10, send a self-addressed stamped envelope with proper postage affixed (postage not required for VT residents) to: Macanudo Millionaire Essay Winner, PO Box 1368, Maryland Heights, MO 63043. Requests must be received by 11/15/10. Winner’s name will be sent after winner has been verified.
SPONSOR: General Cigar Co., Inc., 7300 Beaufont Springs Drive, Suite 400, Richmond, VA 23225
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
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