ProSmoke
“ProSmoke e-Cigarettes Sweepstakes” CONTEST
OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OFWINNING.
1. SPONSOR AND ADMINISTRATOR ProSmoke e-Cigarettes Sweepstakes Contest (the “Contest”) is sponsored and administered by ProSmoke PO Box 6130 Bloomingdale, IL. This Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating, you hereby release and hold harmless Facebook from any and all liability associated with this Contest. You understand that you are providing your information to ProSmoke with regard to this Contest, and not to Facebook. The information you provide will only be used in the administration of the Contest on Facebook.
2. ELIGIBILITY. The Contest is open only to legal residents of the United States, except Rhode Island, who are 18 years of age or older at the time of entry. Employees of ProSmoke and their immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate in the Contest. The Contest is governed by the laws of the United States and is subject to all applicable federal, state and local laws and regulations. No purchase is necessary or required to enter or win the Contest. This Contest is void in Rhode Island and where prohibited by law.
3. AGREEMENT TO OFFICIAL RULES. Participation in the Contest constitutes a contestant’s full and unconditional agreement to and acceptance of these Official Rules and Regulations (these “Official Rules”) and the decisions of ProSmoke, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. By submitting an Entry (defined below) to the Contest, a contestant also grants ProSmoke a non-exclusive, irrevocable, perpetual and royalty-free license to use, publish, display and distribute the Entry on and through ProSmoke Facebook page at http://www.facebook.com/ProSmokeCig.
4. ENTRY PERIOD. The entry period for the Contest begins on January 7, 2013 at 12:01 a.m. (Pacific Time) and ends on January 31, 2013 at 11:59 p.m. (Pacific Time) (the “Entry Period”). Entries that are submitted before or after the Entry Period will be disqualified. Entries will only be accepted in the manner described below. No mail-in entries will be accepted. ProSmoke computer system is the official timekeeping device for the Contest.
5. HOW TO ENTER. During the Entry Period, visit the ProSmoke Facebook page at http://www.facebook.com/ProSmokeCig, click on the “Giveaway Contest” tab and “Like” the page. Follow the instructions to complete and submit an entry form (an “Entry”). You will be asked to provide certain information about yourself, including your name, address, phone number, email address and date of birth. You will also be asked to share the contest with your Facebook friends. The winner of the Microsoft Surface Pro will be selected at random. The winner of the Microsoft Surface RT will be selected at random. You must submit an Entry during the Entry Period to participate.

Each contestant is limited to one Entry. Additional entries received from the same email address will be void. There are no registration, maintenance or other fees or obligations. Entries may only contain plain text. No imagery or usage of text to create imagery is permitted. Entries must be original work and may not infringe any intellectual property rights (including but not limited to copyrights and trademarks), rights of publicity, rights to privacy or other rights of third parties.

6. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED. The winner of the Microsoft Surface Pro will be selected January 31, 2013. The winner will be selected at random. All entries will be tracked with the WildFireApp. The winner of the Microsoft Surface RT will be selected on January 31, 2013. The winner will be selected at random by using a random generator.

All decisions by ProSmoke are final and are made in its sole discretion.

The winning Entries will be announced on February 1, 2013. Each winner will be notified by an email message to the email address provided on the Entry form submitted by the contestant. Winning Entries, along with the winner’s first name, last name and state of residence, will be published on the ProSmoke Facebook contest page and elsewhere in ProSmoke discretion. ProSmoke shall not be responsible for any changes to a contestant’s contact information. The odds of winning will vary depending upon the number of Entries received.

7. REQUIREMENTS OF A POTENTIAL WINNER. Winning contestants must provide ProSmoke with an email address to which they can be notified of winning and a physical address to which their prize can be mailed. If a winning contestant does not respond or provide a valid email or physical address within seven (7) days after the first attempt by ProSmoke to contact him/her, ProSmoke may disqualify such contestant in its sole discretion. When a winning contestant is disqualified, ProSmoke may, but does not have to, award the prize that would have been awarded to the disqualified contestant to another contestant chosen by ProSmoke.

8. DISQUALIFICATION; CANCELLATION. ProSmoke reserves the right, at its sole discretion, to disqualify and/or remove from the Contest (a) any Entry deemed inappropriate or unsuitable by ProSmoke; (b) any Entry that fails to follow the requirements stated in these Official Rules; and © any contestant found tampering with the Contest, including without limitation by submitting more than one Contest Entry per person and/or email address, using fake or duplicate identities, or participating in the Contest in violation of any applicable laws, rules or regulations.
CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATIONOF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, PROSMOKE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHERREMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINALPROSECUTION. PROSMOKE FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF ANY SUCHPROVISION.
ProSmoke reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Contest or any portion thereof in the event of tampering or other circumstances beyond ProSmoke’s control that disrupt, corrupt and/or compromise the administration, security, fairness, integrity or proper conduct of the Contest or prevent the Contest from running as originally planned, including but not limited to, a failure to receive at least two (2) Entries, acts of God or civil disturbance, infections by computer virus, bugs, tampering, unauthorized Entries, fraud or technical failures.

9. PRIZES. 
a. One (1) First Place Prize: Microsoft Surface Pro 
b. One (1) Second Place Prize: Microsoft Surface RT

Prizes will be sent by regular mail to the physical address provided by the contestant on the Entry. Prizes are not transferable or substitutable for any other prize or cash. Any and all prize-related taxes, fees and other expenses, including any and all federal, state and local taxes, are the sole responsibility of the winners. Certain other restrictions may apply.

10. RELEASE AND LIMITATION OF LIABILITY. All contestants acknowledge and agree that ProSmoke and any of its respective agencies, affiliates, partners, parent companies, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, employees and other individuals engaged in the development or administration of the Contest (collectively, the “Released Parties”) are not responsible and shall be not liable for: (a) any late, lost, stolen, delayed, misdirected, corrupted, undelivered or incomplete Entry, or improper or ambiguous contestant identifying information, whether as a result of technical malfunctions, hardware, software or Internet failures, or any other cause; (b) any human or other error; © any misappropriation, tampering, alteration, misuse or unauthorized use or copying of an Entry; or (d) any condition caused by events beyond the control of ProSmoke which may cause the Contest to be disrupted or corrupted.
By participating in the Contest, contestants agree to release, discharge and hold harmless the Released Parties from and against any and all actions, claims, injury, loss, damage or other liabilities arising out of or relating in any manner to, directly or indirectly, participation in the Contest or the receipt, use, misuse or possession of any prize received in the Contest, including, but not limited to: (a) any technical errors that may prevent a contestant from submitting an Entry; (b) unauthorized human intervention in the Contest; © errors in the administration of the Contest or the processing of Entries; or (d) personal injury, property damage, death, illness or other injury or accident to person or property which may be caused, directly or indirectly, in whole or in part, by contestant’s participation in the Contest or receipt or use of any prize. Contestants further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Contestants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, Contestants authorize the Released Parties to use their name, likeness, photograph, voice, opinions and/or city and state of residence for advertising and promotional purposes in any and all media, now are hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
11. DISPUTES. In the event of a dispute as to any Entry and/or the identity of a winning contestant, the authorized account holder of the email address used to enter the Contest will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned to an email address by an Internet access provider, online service provider or the organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
Except where prohibited, all contestants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, a contestant’s rights and obligations, or the rights and obligations of ProSmoke shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.