SANTA CLARA, INC. DAVIDOFF OF GENEVA 2024 GIVEAWAY SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

  1. Sweepstakes Period: The sweepstakes period will begin at 12:00:00 AM on October 1, 2024, and will end at 11:59:59 PM on October 31, 2024 (the “Sweepstakes Period”). Throughout the Sweepstakes Period, various registered trade customers of Santa Clara, Inc., via santaclaracigars.com (the “Participating Wholesaler”) will participate in the Sweepstakes (as defined below).

  1. Eligibility: Santa Clara, Inc.’s Davidoff of Geneva 2024 Giveaway Sweepstakes (the “Sweepstakes”) is open only to legal residents of the forty-eight (48) continental U.S. states and Washington, DC (excluding residents of Alaska, Hawaii, Massachusetts, Michigan, Puerto Rico and the U.S. Virgin Islands), who are at least twenty-one (21) years of age at the time of entry, and are registered trade customers of Sponsor. Void where prohibited by law. Employees of Santa Clara, Inc. (“Sponsor”) and its affiliates, subsidiaries, wholesalers, distributors, retailers, sales representatives, advertising agencies, production companies, third party fulfillment agencies, promotion and contest administrators (collectively, the “Sweepstakes Entities”) and the immediate family members (parent, child, spouse, and sibling) and persons living in the households of each are not eligible to enter or win the Sweepstakes.
  2. Participation: By participating in this Sweepstakes, entrants agree to: (a) be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes; and (b) release and hold harmless each of the Sweepstakes Entities and their respective agents, employees, officers, directors, successors and assigns, against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or the use or misuse or redemption of the prize, and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action. Any entries made from outside the areas of eligibility shall not be eligible. This Sweepstakes is subject to all federal, state, and local laws.

  1. How To Enter: There are two ways to enter the Sweepstakes. First, you will automatically receive the following number of entries into the Sweepstakes when you submit information that identifies you and purchase the following quantities of cigars from Sponsor: for each box purchase of AVO, Baccarat, Camacho, or Zino Nicaragua brand cigars in October, receive one (1) entry (up to a maximum of 100 entries per customer account). Alternatively, you can enter through the non-purchase method by completing a general entry form that includes your trade name, complete mailing address, daytime phone number and date of entry (limit one (1) entry per entry form, up to a maximum of one hundred (100) entries per customer account). All entries become the property of Sponsor and will not be returned or acknowledged.

NOTE: A maximum of one hundred (100) entries may be submitted by any one customer account during the Sweepstakes Period. If more than one hundred (100) entries are submitted for one customer, regardless of the entry method, ALL entries of that person will be disqualified.

  1. Prizes: On or about November 5, 2024, one (1) Prize Drawing will be held from among all eligible entries received during the Sweepstakes Period. The odds of being selected as a potential winner depend upon the total number of eligible entries received by Sponsor throughout the Sweepstakes Period. Once confirmed, as detailed below, the Prize winner will receive one (1) AVO Table-Top Fire Pit with Audio System (ARV: $449).

  1. Prize Winner Notification/Verification/Fulfillment: Within ten (10) days after the applicable Drawing, Sponsor will make two (2) attempts, over a three (3) business day period, to contact the potential Prize winner via the contact information provided upon entry to confirm information needed in order to declare the potential Prize winner an official winner. If the potential Prize winner cannot be reached during the three (3) business day period in which he/she is attempted to be contacted, such potential winner will be disqualified and an alternate potential winner will be notified from the alternate potential winners randomly selected in the applicable drawing. Once contact is made, potential Prize winners will be required, as a condition of verification and acceptance, to sign and return, within five (5) business days, an Affidavit of Eligibility, Acceptance, Publicity (where legally permitted) and Liability Release (“Release”), which will include a

 

representation that such prize winner is at least twenty-one (21) years of age, a licensed trade customer of Sponsor, or else such potential winner will be disqualified and an alternate potential winner will be selected. Noncompliance, failure to provide any information within the time specified, failure to respond to notification attempt(s) or return of any prize notification as undeliverable will result in disqualification and an alternate potential winner will be selected. All decisions of Sponsor relating to the Sweepstakes are final.

  1. Prize Conditions: There is a limit of one (1) Prize. The total ARV of the prize to be awarded is four hundred forty- nine U.S. dollars ($449). No transfer, substitution or cash equivalent for prize, in whole or in part, will be permitted except at Sponsor's sole discretion, and only then for a prize of greater or equal value as determined by Sponsor. The difference between any ARV and actual retail value (due to market fluctuations at the time of prize award, or for another reason) will not be awarded in cash. Prize will be awarded in compliance with any federal and state laws and applicable local ordinances. Prize will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Any and all guarantees and warrantees are subject to the manufacturer’s terms and conditions, and winners agree to look solely to said manufacturers for any such warranty or guarantee claim. Prize awarded is subject to verification of eligibility and compliance with these terms of these Official Rules. All prize details are at Sponsor’s sole discretion.

  1. General Terms: Noncompliance or any violation of these Official Rules may result in disqualification. Sponsor assumes no responsibility for lost, incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error, which may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any website, or in the Participating Retailer, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation in this Sweepstakes. Sponsor is not responsible for any typographical or other error in administration of the Sweepstakes, or in the announcement of the prize winners. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, error, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be modified/terminated prior to the stated expiration date, notice will be posted where Sponsor sees fit and the applicable Prize(s) will be awarded via random drawing from among all eligible entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software- generated, robotic, programmed, script, macro or other automated entries are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual suspected or found: (i) to have tampered with the entry process or the operation of this Sweepstakes; (ii) to be acting in violation of these Official Rules; (iii) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (iv) to have provided inaccurate information in connection with this Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF FEDERAL OR STATE CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
  2. Limitations of Liability: Entrants agree that the Sweepstakes Entities; (a) shall not be responsible or liable for, and hereby release the Sweepstakes Entities from, any claims, losses, damages or injuries of any kind (including death) resulting, in whole or in part, directly or indirectly, from participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use/misuse or inability to use a prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to the prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of any of their agents, servants, employees or independent contractors;

(2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sweepstakes Entities; or (3) by any other cause, condition or event whatsoever beyond the control of the Sweepstakes Entities. Failure of Sponsor to enforce any provision herein shall not be deemed a waiver of such. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS

 

HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.

  1. Disputes, Governing Law and Venue: ENTRANTS AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE PRIZES AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO PRINCIPLES OF CONFICTS OF LAW; (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, IF ANY, BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

11. Sponsor : Santa Clara, Inc. 2589 Eric Lane, Burlington, NC 27215