Welcome to ZYN Rewards (the “Program”).  By participating in the Program, you are agreeing to: (a)  these Terms and Conditions, which will govern the relationship between you and Swedish Match North America, LLC (“Sponsor”) as it relates to the Program; and (b) the Privacy Policy.  Please read these terms carefully, as they contain instructions for how to participate in the Program, instructions for how to redeem points accrued through the Program, and other key information related to your participation in the Program.
 
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS.  IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.  DETAILS ARE SET FORTH BELOW.  PLEASE REVIEW CAREFULLY. 

1. How it works

ZYN Rewards is a rewards program through which participants can collect points by purchasing specially marked ZYN products that contain a unique code printed behind the bottom label, available while supplies last.  Participants can then visit www.ZYN.com/rewards (the “Site”) and enter their code(s) to earn points, which may be redeemed for Sponsor-selected merchandise or experiences. A reward that includes an experience may consist of tickets to a specific event, and may contain different elements towards use of the event tickets and accommodations (“Experiences”).

2. Program Period

The Program began at 12:00:01 p.m. ET on October 12, 2020 and will continue until the Sponsor determines an end date and time; once determined, the end date and time will be disclosed on the Site a minimum of 120 days prior to the end date/time (the “Program Period”).

3. Eligibility

The 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.  Sponsor’s employees 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.

4. How it Participate

During the Program Period, you can collect points by purchasing specially marked ZYN products that contain a unique alphanumeric code printed behind the bottom label, available while supplies last.  Locate the code and then visit www.ZYN.com/rewards (“Site”) and follow the on-screen directions to register and sign-in.  If you are a returning user, you will be prompted to submit your email address and password to sign in.  After registering/signing in, follow the on-screen directions to enter your unique code(s) where indicated.  Participants will collect points for each specially-marked product purchased and recorded on the Site during the Program Period.  If you are unable to view your code you may call 1-855-YOUR-ZYN or email info.us@zyn.com for assistance.  The available reward items or Experiences and corresponding number of points required for each item or Experience are outlined on the Site.  The number of points collected by a participant will be recorded and tracked on the Site.  A maximum of 60 codes per account can be entered per month during the Program Period; codes must be entered by 11:59 p.m. ET on the last day of the month in order to count for that month. At various times during the Program Period, Sponsor may award different amounts of bonus points and the specifics of which shall be in Sponsor’s sole discretion. Bonus points are subject to these Terms and Conditions and may be awarded at any time and in any amount in the sole discretion of Sponsor.

5. How to Redeem Points

Participants may redeem their points for Sponsor-selected merchandise or Experiences listed in the “ZYN Rewards” section of the Site, while supplies last. To redeem your points, navigate through the items or Experiences listed on the Site and choose an available item or Experience for which you have accumulated sufficient points for redemption.  Click the image corresponding to the item or Experience that 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 or arrangements for Experience.  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 or Experiences 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 $2,000 or more in a calendar year, the participant may 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 or Experiences 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 or Experiences for redemption and corresponding point totals at any time during the program. Any points remaining in a participants’ account, which has not entered any additional codes for a period of at least 60 days (as determined by Sponsor) will be forfeited without compensation; Sponsor will send a notification via email prior to taking such action.

• If you are invited to be a part of Club 3|6 prior to December 31, 2026, all points earned before December 31, 2026 will not expire. 
  

6. 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 Program.  Any attempt to combine or transfer codes or points will result in the disqualification from the 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 ZYN label 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 ZYN label 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 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 Program, participants agree to be bound by the 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 Program or by any human error which may occur in the processing of the points in this Program or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this 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 Program or the Sites; 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 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 fraudulently by using multiple email addresses, identities or any other method, via unauthorized channels of participation (including, but not limited to, channels related to the printing, production or distribution of specially marked ZYN products), all points submitted by the participant will be declared null and void and any associated rewards forfeited. 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 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 Program, then the Sponsor reserves the right at its sole discretion to cancel the 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 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 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 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.

7. Experience Guidelines

Experiences are nontransferable and no substitutions are allowed except by the Sponsor, who reserves the right to award an Experience (or part of an Experience) of equal or greater value. Tickets/vouchers/codes as part of Experiences, must be used as directed on the Sponsor-specified date(s)/time(s) and seat assignments may be Sponsor specified, if applicable. If an Experience includes a guest, the guest must be 21 years of age or older. If any travel/accommodation elements are included, the participant and guest must travel on the same itinerary on the date(s) specified by Sponsor and must have all documents needed for travel or check-in. Participant and guest may be required to sign and return paperwork, such as a release of liability, prior to travel/use of Experience. In the event that a participant or guest engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or they do not act appropriately for the specific Experience, Sponsor reserves the right to terminate the Experience early and/or eject them from any portion of the Experience, in whole or in part, and send participant and guest home with no further compensation to participant.

8. Disputes

PLEASE READ THIS SECTION CAREFULLY, AS IT CONTAINS AN ARBITRATION AGREEMENT.  It affects how claims between you and Sponsor, together with its affiliates, parents, subsidiaries, and affiliate companies (together, the “Parties”) will be resolved.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.
 
Agreement to Arbitrate  By your participation in this Program, the Parties each agree that any and all disputes between the Parties relating to, arising out of, or connected in any way with the Program and/or your relationship with Sponsor, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory, will be resolved exclusively by final and binding arbitration administered by JAMS, even if the dispute arose before you entered into these Terms and Conditions or out of a prior agreement with Sponsor (including, without limitation, claims relating to advertising).  The Parties each expressly acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.  This agreement to arbitrate disputes as set forth above shall survive any termination or expiration of the Program Period.  
 
The arbitrator shall decide all issues except for: (a) those that are specifically reserved for a court herein; (b) those issues relating to the scope, validity, and enforceability of the Arbitration Agreement or any of the provisions of this Section; (c) any issues arising from or relating to the arbitrability of any Dispute; and (d) whether the arbitration administrator cannot or will not administer the arbitration in accordance with this Arbitration Agreement—all of which the Parties agree shall be exclusively decided by a court of competent jurisdiction in the Commonwealth of Kentucky. The Parties acknowledge that this arbitration agreement does not prevent you from bringing your dispute to the attention of any federal, state, or local government agency.
 
Pre-Arbitration Notice The Parties agree to engage in good faith informal efforts to resolve a dispute before initiating an arbitration.  The party raising a dispute must first send a written notice to the other Party providing a detailed description of the dispute, including: (1) the initiating party’s name and contact information (including the address, telephone number, email address associated with Your account); (2) information sufficient to identify the transaction or other circumstances at issue; (3) the nature and basis of the dispute and any claims; and (4) the nature and basis of the relief sought (including a calculation of any claimed damages).   
 
Your notice to Sponsor must be personally signed by you (and your attorney if you are represented by legal counsel); Sponsor’s notice to you must be personally signed by the company representative, and its attorney if it is represented by legal counsel.  Sponsor’s notice to You must be sent via certified mail to the address associated with your account. Your notice to Sponsor must be sent via certified mail to the following address:
 
Swedish Match North America LLC c/o Legal Department
Two James Center, 1021 East Cary Street, Suite 1600, Richmond, VA 23219 
 
Arbitration Procedures. If the parties do not reach such solution within a period of 60 days after receipt of the pre-dispute notice, then, upon notice by either party to the other, all disputes, claims, questions, or differences, except as provided herein, shall be settled by binding arbitration administered by the shall be settled by binding arbitration administered by JAMS and conducted before a single arbitrator pursuant to its rules, including, without limitation, the JAMS Streamlined Arbitration Rules & Procedures (the “JAMS Rules”).  The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.
 
To begin an arbitration proceeding, the Party must complete the Dispute by utilizing the form available on JAMS’ Website and sending the completed form to JAMS, as set forth in the JAMS Rules, and to the other Party via certified mail.  Each arbitration demand must also be accompanied by a certification of compliance with the mandatory informal dispute resolution procedure outlined above and be personally signed by the party initiating the arbitration (and counsel, if represented).   Sponsor’s completed form and certification must be sent to the most recent contact information that you have provided as part of your registration with the Program; Your completed form and certification must be sent to the following address:
 
Swedish Match North America LLC c/o Legal Department
Two James Center, 1021 East Cary Street, Suite 1600, Richmond, VA 23219
 
No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.  By submitting an arbitration demand, the party (and counsel, if represented) represents that, as in federal court, they are complying with the requirements of Federal Rule of Civil Procedure 11(b).  The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.  Sponsor agrees that it will not seek fees and costs in arbitration unless the arbitrator determines the Dispute is frivolous or is brought for an improper purpose.
 
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules and arbitration fee schedule, and You and Sponsor are each responsible for their respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.  Notwithstanding the JAMS Arbitration fee schedule, however, if You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor agree to pay as much of participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive
 
The Parties hereby agree that (1) the arbitrator’s decision shall be controlled by these Terms and Conditions; (2) the arbitrator shall apply Kentucky law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (3) any hearings in connection with arbitration shall be in person and held in Commonwealth of Kentucky, unless otherwise agreed upon by the Parties; and (4) in the event JAMS is unavailable or unwilling to hear the Dispute, the Parties agree to work in good faith to determine an appropriate arbitration provider, and, to the extent necessary, shall submit the issue to a court in the Commonwealth of Kentucky to determine.
 
The Parties expressly acknowledge and agree that if any part of this arbitration provision is deemed to be invalid, unenforceable, illegal, or otherwise conflicting with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  
 
Additional Procedures for Mass Arbitration.  In the event that claimants (including you) assert or seek to assert 25 or more similar arbitration demands against Sponsor with the same counsel or counsel acting in coordination (“Mass Arbitration”), the JAMS Mass Arbitration Rules (the “JAMS Mass Arbitration Supplement Rules”) and the provisions of this paragraph shall apply (in addition to the terms set forth in the above). If there is a conflict between the JAMS Mass Arbitration Supplement Rules and this paragraph, then this paragraph controls.  In the event a Mass Arbitration is presented, the parties will attempt to agree on a batching protocol where arbitrations will be filed and proceed in stages.  If the parties cannot agree, they will submit the issue to a process arbitrator appointed by JAMS to decide, provided that no party may file a subsequent batch of arbitrations until the previous batch has been settled, withdrawn, or decided. Any applicable limitations period (including statutes of limitations) shall be tolled from the time a dispute is first presented to JAMS as being part of a Mass Arbitration until the dispute proceeds in arbitration or is otherwise resolved.  This batch process shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision. The parties agree that they will work together in good faith to ensure that arbitration remains cost-effective and agree that no initiation or other fees will be incurred with JAMS for subsequent batches so long as the initial batch has yet to be settled, withdrawn, or decided.

9. Choice of Law, Forum-Selection, Class Action Waiver

If for any reason a dispute between you and Sponsor proceeds in court, and to the fullest extent permitted by law, you and Sponsor agree that: (1) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, any and all disputes, claims and causes of action brought by him/her arising out of or connected with the 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 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 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.

10. Privacy

The information collected on the Site will be subject to and used in accordance with the Privacy Policy accessible at the Site or at https://www.pmiprivacy.com/us/en/consumer/.