SWI-DE, LLC

Rat of the Year Promotion

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.

1. Timing: The “Rat of the Year Promotion” (“Promotion”) begins on February 15, 2020, at 12:01 a.m. Eastern Time (“ET”), and ends on December 31, 2020, at 11:59 p.m. ET (the “Promotion Period”). The Promotion Period is comprised of four (4) phases (each, a “Phase”) as set forth in the chart below:

*SWI-DE, LLC’s (“Sponsor”) computer is the official time-keeping device for the Promotion.

2. Eligibility: The Promotion is open only to legal residents of the fifty (50) United States (including the District of Columbia; excluding Massachusetts, Michigan, and Virginia) who are at least twenty-one (21) years old at the time of entry. Employees of Sponsor, its parent, subsidiaries, affiliates, distributors, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees, and any of its affiliate companies, as well as the immediate family (spouse, parents, in-laws, siblings, and children) and household members of each such employee are not eligible. Void where prohibited by law. The Promotion is subject to all applicable federal, state, and local laws and regulations. Participation in the Promotion constitutes participant’s full and unconditional agreement to these Official Rules and by the Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. How to Enter: There are two (2) ways to enter:
   1. Enter at a Promotion Event (as hereinafter defined). First, during the Promotion Period, visit your local Participating Location during one of the Drew Diplomat Rewards Program Events (each, a “Participating Event”). For a list of Participating Locations and Participating Event times, please visit drewestate.com/events.
      1. i. Entry with Purchase. During a Participating Event, make a Qualifying Purchase (as hereinafter defined) of Drew Estate cigars:
         

         Quarterly Drawing	Qualifying Purchase
         A	Four (4) individual Drew Estate cigars
         B	Ten (10) individual Drew Estate cigars
         C	One (1) box of Drew Estate cigars
         D	More than one (1) box of Drew Estate cigars

         *No Purchase Necessary. See below for how to enter without making a purchase.
         For each Qualifying Purchase, you will receive one (1) entry into the applicable Quarterly Drawing.

      2. ii. Entry by Mail. To enter by mail during the Promotion Period, send a 3×5 piece of paper along with your first and last name, address, email address, and designated Quarterly Drawing (e.g., “Drawing A”) for which you are entering to “Rat of the Year Promotion”, 12080 SW 127th Avenue, Suite B1, Miami, FL 33186 (“Mail-In Entry”). Participants may submit an unlimited number of Mail-In Entries, but each Mail-In Entry must be individually handwritten and separately postmarked. Mail-In Entries must be postmarked by December 31, 2020, and received by January 10, 2021. You will receive one (1) entry into the applicable Quarterly Drawing for each complete mail-in entry.

• For All Promotion Event Entries: Complete all of the requested information on the entry form(s), including your first and last name, address, email address, and store at which you attended the Promotion Event. You will receive one (1) entry into the Promotion for each completed entry form.

33186. Enter by Mail. To enter by mail during the Promotion Period, send a 3×5 piece of paper along with your first and last name, address, and email address, to “Drew Diplomat Rewards Program Promotion”, 12080 SW 127th Avenue, Suite B1, Miami, FL 33186. You will receive ten (10) entries into the Promotion for each complete mail-in entry.

For All Entries:   Limit:Each participant may enter multiple times by following the instructions above set forth. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void all of that participant’s entries and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification of participant and voiding of all of participant’s entries. In the event of a dispute as to any email address, the authorized account holder of the email address used to register for such email address will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.

Grand Prize Drawing. All entries (both winning and non-winning) will carry forward to the Grand Prize Drawing.

4. How to Win: All entries from the Participating Events will be sent to Sponsor’s headquarters for inclusion in the Quarterly Drawings, together with any Mail-In Entries received by Sponsor during the entry dates for each Phase as above set forth.
   1. a. Quarterly Drawings. On or about the dates set forth in the chart in Section 1 above, Sponsor will randomly select one (1) potential winner from among all eligible entries received during the corresponding Phase for each of the four (4) designated Quarterly Drawings, for a total of four (4) potential winners each Phase. Each drawing will take place at the Sponsor’s address as set forth herein. The winner need not be present. The potential winners will be notified by email on or about the date of the applicable drawing. All entries (both winning and non-winning) from each Phase will carry forward to the next Phase and the Grand Prize Drawing. Except where prohibited, each potential winner may be required to sign and return to the Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release, in order to claim his/her prize. If a potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period or prize is returned as undeliverable, potential winner forfeits prize, and an alternate participant will be selected in his/her place at random from among all remaining eligible entries received for the same Quarterly Drawing during the relevant Phase. Prizes will be fulfilled 4-6 weeks after winner confirmation.
   2. b. Grand Prize Drawing. On or about the date of the Phase 4 Quarterly Drawing set forth in the chart in Section 1 above, Sponsor will randomly select one (1) potential Grand Prize winner from among all eligible entries received during the Promotion Period. Drawing will take place at the Sponsor’s address as set forth herein. The winner need not be present. The potential winner will be notified by email on or about the date of the drawing. Except where prohibited, potential winner may be required to sign and return to the Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release, in order to claim his/her prize. If the potential winner cannot be contacted within ten (10) days of the first attempt to contact him/her or if he/she fails to sign and return the Affidavit of Eligibility, Liability & Publicity Release within the required time period or prize is returned as undeliverable, potential winner forfeits prize, and an alternate participant will be selected in his/her place at random from among all remaining eligible entries received during the Promotion Period. Prize will be fulfilled 4-6 weeks after winner confirmation.
5. Prizes:
   1. a. SIXTEEN (16) QUARTERLY PRIZES: For each Phase, one (1) winner will be drawn for each designated Quarterly Drawing for a total of four (4) Prizes per Phase. The Prizes (each, a “Prize” and collectively, the “Prizes”) and approximate retail value for each (“ARV”) are as follows:

   Quarterly Drawing	Prize	ARV
   A	One (1) hand painted travel humidor	$200.00
   B	One (1) acid humidor	$500.00
   C	One (1) Drew Estate branded mega standing ashtray	$1000.00
   D	One (1) hand painted travel humidor, one (1) acid humidor, and one (1) drew estate branded mega standing ashtray	$1700.00

   2. i. The Participating Locations corresponding to such winner’s entry will also receiving the corresponding Prize.
   3. ii. Total ARV of all Quarterly prizes: $13,600.
   4. b. ONE (1) GRAND PRIZE: One (1) Grand Prize winner will receive (x) an all-expense paid trip for two (2) to each of the five (5) Barn Smoker events in 2021 (“Barn Smoker Trip Package”) and (y) an all-expense paid trip for two (2) to Miami, Florida to visit and tour Sponsor’s headquarters (“DEHQ Trip Package”) (together with the Barn Smoker Trip Package, “Grand Prize Trip Packages”). For the Barn Smoker Trip package, trip package includes round trip, coach-class air transportation for the winner and one (1) travel companion from a major airport near winner’s home (determined by Sponsor in its sole discretion) to the airport closest to each Barn Smoker 2021 event; two (2) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (single room, single occupancy); dinner for two (2) the night before the corresponding Barn Smoker 2021 event; and VIP tickets to each Barn Smoker 2021 event. For the DEHQ Trip package, trip package includes round trip, coach-class air transportation for the winner and one (1) travel companion from a major airport near winner’s home (determined by Sponsor in its sole discretion) to the airport closest to Sponsor’s headquarters and two (2) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (single room, single occupancy For both Grand Prize Trip Packages: The Grand Prize winner must travel on the dates set forth by Sponsor or this element of the prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. ARV of the Grand Prize Trip Packages is $10,000. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. In lieu of the trips, the Grand Prize winner may elect a cash option alternative in exchange for some or all of the Grand Prize Trip Packages. The cash substitution option for each of the five (5) Barn Smoker trips or the DEHQ Trip Package is $500 per travel event, for a maximum cash substitution option of $3,000. On or before 2/14/2021 the Grand Prize winner shall designate whether he or she will elect the trips or the cash option, or a combination of both. This option cannot be changed at a later date.

FOR ALL PRIZES: Total ARV of All Prizes: $23,600. Winner must comply with all terms and conditions of these Official Rules in order to claim a prize. No cash or other substitution, assignment or transfer of any prizes permitted, except as herein set forth or by Sponsor, who reserves the right to substitute a prize or prize component with cash or another prize of comparable or greater value. Winner is responsible for all federal, state and local taxes and fees associated with prize receipt and/or use. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied offered by Sponsor. Odds of winning a prize depend on the number of eligible entries received during the Promotion Phase for the particular Quarterly Drawing (for the Quarterly Drawings) or during the Promotion Period (for the Grand Prize Drawing).

6. Publicity:By entering the Promotion and/or accepting prizes, each entrant grants to Sponsor (and its licensees and partners) a non-exclusive, worldwide, royalty-free, perpetual license to edit, publish, promote, republish at any time in the future, and otherwise use entrant’s name, likeness, biographical information, submission and any other information or materials provided by entrant, in any and all media now known or hereinafter devised, without territorial restriction (except where prohibited by law), for possible editorial, publicity, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). All submissions, including submission file and content, if applicable, will become the property of Sponsor, and may be used by Sponsor for commercial purposes without payment of any kind to the participating entrants. Each entrant agrees to irrevocably and unconditionally transfer and assign to Sponsor all rights to all information submitted during the Promotion, and agrees to execute and deliver such documents, certificates, assignments and other writings, and take such other actions as may be necessary or desirable to vest in Sponsor the ownership rights granted to Sponsor hereunder.

7. General Conditions: Sponsor is not responsible for problems with the submissions, including, but not limited to, lost, late, incomplete, invalid, unintelligible, or misdirected entries, which will be disqualified. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. In such event, Sponsor shall select the winner(s) from the eligible entries received prior to the modification, suspension or cancellation. Sponsor agrees to take such action in a fair and appropriate manner. In addition, Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any other participant’s submission or undermine the legitimate operation of the Promotion is 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
8. Release and Limitation of Liability: BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INC., INSTAGRAM, INC., TWITTER, INC. AND ANY PROMOTIONAL PARTNERS, OF EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE PROMOTION OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Promotion; (2) unauthorized human intervention in any part of the entry process or the Promotion; (3) technical or human error which may occur in the administration of the Promotion or the processing of Promotion submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion or receipt or use of any prize or while traveling to or from any prize-related activity. Each winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Promotion including but not limited to quality, condition or fitness for a particular purpose. If for any reason a participant’s submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, participant’s sole remedy is another submission and thereby another entry into the Promotion. No more than the stated number of prizes will be awarded.
9. Disputes:Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the State of Florida, U.S.A.; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, 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 State of Florida, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of Florida, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida, U.S.A.
10. Sponsor: SWI-DE, LLC, 12415 SW 136th Ave Suite 7 Miami, FL 33186.
11. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s standard privacy practices.
12. Winners’ List: For each winner’s name, send a self-addressed, stamped envelope, along with a request to “Rat of the Year Program Promotion”, 12080 SW 127th Avenue, Suite B1, Miami, FL 33186. Requests must be received by April 30, 2021.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Instagram. Information is being provided to Sponsor, not Facebook, Twitter, or Instagram.