GAME REWARDS PROGRAM
TERMS AND CONDITIONS
- PROGRAM PERIOD: The Game Rewards Program (the “Rewards Program”) begins 12:00 AM (midnight) Pacific Time (“PT”) on June 1, 2021 and ends 11:59 PM ET on December 31, 2023 (the “Program Period”).
- ELIGIBILITY: The Rewards Program 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 entry. 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: During the Program Period, purchase any specially marked pouches of Game Cigars or Game Leaf that contain a QR code (“code”), while supplies last. Scan the code on the back of the Game Cigars or Game Leaf pouch and you will be directed to https://www.gamecigars.com/ (“the Site”). Limit sixty (60) scans per person/Game account, per month. If you already have an account, you will be prompted to submit your email address and password to sign in. 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. Each code redeemed for a two (2) pack of Game Cigars or Game Leaf cigars is 1 rewards point and each code redeemed for a five (5) pack of Game Leaf cigars is 3 rewards points [“point(s)”]. Codes that are redeemed on the Site will be recorded on the Site during the Program Period. If you are unable to scan your code, you may call 270-685-8777 or email firstname.lastname@example.org for assistance. Codes can only be scanned one time. The available reward items and corresponding number of points required for each item are outlined on the Site. The number of points collected by a participant will be recorded and tracked on the Site. Please note, during specified months of the Rewards Program, bonus opportunities to receive additional points/gear may be included. You may receive an email notifying you of such opportunities and you may always check the Site periodically also.
- HOW TO REDEEM POINTS: Participants may redeem their points for Sponsor-selected merchandise listed in the “Game Rewards” section of the Site, while supplies last. To redeem your points, navigate through the items listed on the Site and choose an available item for which you have accumulated sufficient points for redemption. Click the image corresponding to the item you wish to order and follow the instructions to complete the redemption process. As part of the redemption process, you will receive a confirmation email. Emails will be sent to the email address assigned to the participant’s account. Reward recipients should allow up to 4 – 6 weeks from the date of redemption for delivery of merchandise. Merchandise may be delayed if items are backordered. Merchandise will be shipped within a reasonable amount of time once they are back in stock. All income taxes are the sole responsibility of each award recipient. Sponsor reserves the right to limit quantities and modify the list of merchandise and other items available for point redemption, as well as their corresponding point values, at any time for any reason during the Program Period. In the event a participant redeems points for rewards with a total approximate retail value of $600 or more in a calendar year, the participant will be contacted by Sponsor’s agency, Don Jagoda Associates, Inc., via email with instructions to securely provide their social security number and other information required to issue participant an IRS 1099 form; participant must comply with this process in order to receive such rewards. All point redemptions for products are final. Refunds, exchanges and other issues are governed by the vendors terms and conditions applicable to the purchase and are not the responsibility of Sponsor. Sponsor reserves the right to modify the available items for redemption and corresponding point totals at any time during the program. Participants must redeem points by 11:59:59 p.m. ET on December 31, 2023, unless extended or otherwise modified by Sponsor. Any points remaining in a participants’ account at the end of the Program Period will be forfeited without compensation. Points have no cash value and are only redeemable for rewards offered in the Rewards Program. Each participant is responsible for ensuring the accuracy of his/her account and is encouraged to check his/her account regularly. If a participant believes that points were not properly accrued to his/her account, the participant must notify Sponsor within 15 days of the day the code was entered, by calling 270-685-8777 or emailing email@example.com.
- GENERAL RULES: Participants may not combine or transfer points between accounts. Participants may not combine codes obtained by others for deposit into a single participant’s account, nor transfer, sell, auction or otherwise dispose of codes in any matter in violation or attempted subversion of these Terms and Conditions or the spirit of the Rewards Program. Any attempt to combine or transfer codes or points will result in the disqualification from the Rewards Program and forfeiture of all points in any participant’s account. Sponsor reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Sponsor believes (in its sole discretion) that a participant has violated this provision. Once a participant inputs a code, the validation of the code and the potential points earned will be subject to verification by a judging organization whose decisions on its outcome are final and binding. Points will not be awarded until after the verification process is complete. Codes are void if a) not obtained in accordance with these Terms and Conditions and through legitimate channels or b) any part is counterfeit, altered, defective, tampered with or irregular in any way. Participants must save their Game Cigar pouch with official code for at least 90 days after the date participant redeems an item online, as it may be necessary to submit it later for verification. Sponsor reserves the right to require proof, including but not limited to, the Game Cigar or Game Leaf pouch with official code. Sponsor’s decisions regarding awarding the points are final and binding. Sponsor reserves the right to modify any of the Terms and Conditions set for herein, including, but not limited to, the duration of the Program Period, methods by which participants can collect points, the eligible products to be purchased, the number of points associated with the purchase of eligible products or other activities, the number of purchases through which participants may collect points, the number of points that may be redeemed through the Rewards Program, and any of the options made available to participants, with respect to their online accounts, at any time, with or without notice, even though these changes may affect a participants ability to accrue or redeem his/her points. By participating in this Rewards Program, participants agree to be bound by these Terms and Conditions. The Sponsor and its agencies are not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Rewards Program or by any human error which may occur in the processing of the points in this Rewards Program or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Rewards Program. The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the operation of the Rewards Program or the Site; violates the Terms and Conditions; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any attempt by any person to deliberately undermine the legitimate operation of the Rewards Program 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. If the Sponsor suspects that a participant attempted to obtain additional points/rewards by using multiple email addresses, identities or any other method, all points submitted by the participant will be declared null and void. Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such submissions by such methods. If, for any reason, the Rewards Program 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 control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rewards Program, then the Sponsor reserves the right at its sole discretion to cancel the Rewards Program and only allow points to be redeemed from all eligible participants who submitted their points prior to cancellation. Except for willful misconduct or gross negligence on the part of Sponsor, by participating in the Rewards Program, participants release Sponsor and its affiliates, parents or subsidiaries, respective parent, subsidiary, and affiliate companies and advertising and promotion agencies, persons engaged in the development of Rewards Program materials or events, and Don Jagoda Associates, Inc. (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Rewards Program or the use of any rewards. Participants agree to indemnify, defend and hold Released Parties harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by participants of any of these Terms and Conditions or any violation by participants of applicable law.
- 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 Rewards Program 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 Rewards Program, 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 Rewards Program 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.
- SPONSOR: The Sponsor of this Rewards Program is SMCI Holding, Inc., Two James Center, 1021 East Cary Street, Suite 1600, Richmond, VA 23219.