BRCC Fund Side by side giveaway Official Terms
OFFICIAL RULES FOR
“BLACK RIFLE COFFEE COMPANY SIDE BY SIDE SWEEPSTAKE”
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO legal residentS of, and currently residing WITHin, the 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“d.c.”) WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY, EXCLUDING RESIDENTS OF NEW YORK, FLORIDA and RHODE ISLAND. VOID WHERE PROHIBITED.
The following promotion shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules (“Official Rules”) below.
- DESCRIPTION: The “Black Rifle Coffee Company’s Side by Side Sweepstake" ("Promotion") begins on or about August 9, 2021 at 4:00 PM Mountain Daylight Time and ends on September 22, 2021 at 11:59 PM Mountain Daylight Time ("Promotional Period"). The Promotion is sponsored, administered, and fulfilled by Black Rifle Coffee Company LLC, 1144 500 W, Salt Lake City, UT 84101 (“Sponsor”).
- ELIGIBILITY: The Promotion is open to legal residents of, and currently residing within, the 50 United States and the District of Columbia, who are 18 years of age or older at time of entry, excluding residents of New York, Rhode Island and Florida. NOT VALID IN NEW YORK, FLORIDA and RHODE ISLAND. Employees, directors, and officers, of Sponsor, Tracker Off Road, LLC, and their respective parents, affiliates, subsidiaries, retailers, distributors, suppliers, advertising and promotional agencies, and any other individuals engaged in any way in the development, production, printing, distribution or execution of this Promotion, and their immediate family members (spouse, parents, step-parents, children, step-children, siblings and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, director, and officer, whether or not related (“Promotion Entities”), are not eligible to enter or partake in a prize. This Promotion is in no way sponsored, endorsed or administered by, or associated with Tracker Off Road, LLC.
- HOW TO ENTER: There are two ways to enter the Promotion:
(a) Donate to The BRCC Fund at Black Rifle Coffee Company Webpage
Go to https://brccfund.org/brcc-sweepstake/ and make a donation of at least $10.00 to The BRCC Fund. All eligible donations received during the Promotion Period will directly benefit Black Rifle Coffee Company’s 501(c)(3) nonprofit, The BRCC Fund, which was established to support veterans, first responders, and their families while helping conserve the great American outdoors. For every donation of at least $10.00, you will be automatically entered in the Promotion. (For illustration purposes only, if you donate $10.00, you will automatically be entered one (1) time. If you make a single $50.00 donation, you will automatically be entered five (5) times for that one donation.) You may not enter more than ten (10) times per day during the Promotion Period. In the event of a dispute, the natural person associated with the email account used to enter will be deemed to be the entrant. No robotic, programmed, script, macro or other automated entries (collectively “automated entries”). Automated entries or entries that have been tampered with will result in disqualification of all such entries.
(b) Alternate Method of Entry
Entries may be received by mailing a postcard to “Black Rifle Coffee Company c/o BRCC Side by Side Sweepstake Promotion”, 1144 S 500 W, Salt Lake City, UT 84101. Include your first and last name, street address, city, state, zip code, telephone number, valid email address, and title of the Promotion you are entering. All mail-in entries must be postmarked within the Promotion Period and received at the above address within five (5) business days after the end of the Promotion Period.
(c) Submission of an entry is subject to, and all entrants must comply with, all policies, terms and conditions set forth in these Official Rules. Proof of submission does not constitute proof of receipt. POTENTIAL WINNERS WILL BE CONTACTED BY TELEPHONE AND/OR MAIL AND/OR EMAIL, IN SPONSOR’S DISCRETION, USING POTENTIAL WINNER’S SUBMITTED CONTACT INFORMATION OR INFORMATION SUBMITTED BY MAIL-IN ENTRY. The failure to respond timely to the notification within seventy-two (72 hours) of when we notify you may result in forfeiture of the Prize and the Sponsor will randomly select an alternate Winner from among the remaining Eligible Entries. Entrants may enter multiple times, according to the rules set forth herein. Sponsor is not responsible for lost, late, incomplete, illegible, or postage due mail or entries.
- PRIZE: Tracker Off Road® 2021 TRACKER 800SX LE, with Roll Bar and Winch
Sponsor’s maximum value to be awarded for the Prize shall not exceed $14,200.00. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
All Prize details are at the sole discretion of the Sponsor. Winner cannot assign or transfer the Prize to another person. All other costs and expenses associated with the acceptance and use of the Prize not stated in the Prize description above as being provided including, but not limited to, all federal, state and local taxes, insurance, title fees, will be the sole responsibility of the winner. If the Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded. If a Winner cannot accept the Prize, or any portion thereof, as stated, the Prize may be forfeited at the sole discretion of Sponsor. The value of the Prize represents Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The MSRP of the Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the MSRP is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. All taxes on the Prize, if any, and other expenses related to accepting and/or using the Prize not listed in these Official Rules are the sole responsibility of the Winner, who will receive an IRS Form 1099 reflecting the fair market value of the Prize in the name of the Winner for the calendar year in which the Prize was won, if applicable. Winner must present adequate personal identification, show a valid U.S. driver’s license and insurance (if applicable) prior to taking possession of Prize. Winner is responsible for all travel expenses associated with picking up the Prize, which will be delivered to Winner at Winner’s place of residence or other mutually agreed upon location. Winner will be notified when the Prize is available for delivery which may take up to 120 days from date of Winner’s notification. Sponsor is not responsible for delays in delivery of the Prize. If the Prize is not picked up within thirty (30) days of the date the Prize is delivered to the pickup location, the winner shall bear any risk of loss or damage to the Prize, and after thirty (30) days the Prize may be forfeited by the winner. The Prize is based on standard manufacturer package and does not include additional features/options. Selection of color and model of Prize will be at Sponsor’s sole discretion. Prize is based on availability and certain restrictions apply. Upon delivery of the Prize to the winner, Sponsor will be deemed to have awarded the Prize to the winner with winner assuming full responsibility for the Prize. All properly claimed prizes will be awarded.
Limit one (1) Prize. If Prize is awarded but goes unclaimed or is forfeited by recipient, the Prize may not be re-awarded, in Sponsor’s sole discretion. No more than the stated number of prizes will be awarded.
PRIZE IS 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. SPONSOR (INCLUDING EACH OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY ARISING FROM USE OR REDEMPTION OF A PRIZE, AS FURTHER SET FORTH IN THESE OFFICIAL RULES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURIES SUSTAINED BY A WINNER FOR ANY REASON, INCLUDING FROM ANY PART OF THE PRIZE OR ANY OTHER CAUSE(S) BEYOND SPONSOR’S REASONABLE CONTROL.
- ODDS OF WINNING: Odds of winning depend on the number of entries to the Promotion.
- WINNER SELECTION AND NOTIFICATION: You are not a winner until your eligibility has been verified, and it is determined that you have complied with all terms of these Official Rules. Winner will be selected via a random drawing conducted by the Sponsor on/around September 30, 2021, from all Eligible Entries. Winner will be notified by telephone and/or mail and/or email, at the sole discretion of Sponsor, using potential winner’s contact information or mail in contact information, within approximately five (5) days of the drawing date. Selected winner will be required to respond (as directed by the Sponsor) to the notification. The failure to respond timely to the notification within seventy-two (72) hours may result in forfeiture of the Prize and the Sponsor will randomly select an alternate Winner from among the remaining Eligible Entries. Prior to receiving the Prize, Winner will be required to verify address and return within five (5) days (or a shorter time if required by exigencies) an affidavit of eligibility, completed tax forms, a liability release, and, unless prohibited by law, a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the Prize and selection of an alternate Winner from the remaining eligible entries for that Prize. The Prize will not be awarded until all such properly executed, required Prize Claim Documents are returned.
- CONDITIONS OF PARTICIPATION/RELEASES:
Sponsor reserves the right to cancel, suspend and/or modify 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 or for any reason whatsoever, as determined by Sponsor in its sole discretion. Sponsor is not responsible for lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In such event, Sponsor reserves the right to conduct the Promotion and award the Prize by means of a random drawing comprised of all non-suspect Eligible Entries prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the Prize in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Any notice of termination, modification or suspension of the Promotion will be posted on the Black Rifle Coffee Company’s Promotion website page.
Winner authorizes the Sponsor and Promotion Entities to use his/her name, voice, likeness, biographical data, city and state of residence in programming or promotional material, worldwide in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Sponsor and Promotion Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Promotion Entities’ sole discretion, without further obligation or compensation, unless prohibited by law.
All federal, state and local laws and regulations apply. By participating, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize that they may win, each entrant agrees to release the Sponsor and Promotion Entities, and each of their respective parent, subsidiary and affiliated companies, units and divisions; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all claims, actions, damages, demands and liabilities of whatever nature or kind arising out of, or in connection with the entrant’s participation or attempted participation in the Promotion, including, without limitation, the administration of the Promotion, the confirmation of winner, and the arranging, awarding and use of a prize. Without limiting the generality of the foregoing, the Released Parties are not responsible for (i) the incorrect or inaccurate capture of entry information; (ii) late, lost, stolen, contain false information, damaged, misdirected, garbled or incomplete entries, transmissions or transactions, those that are altered or otherwise irregular, have been submitted through illicit means or do not conform with or satisfy any or all of the conditions of the Official Rules; (iii) any loss, damage, or claims caused by, or in any way related to an awarded prize or the Promotion itself; (iv) failure of any operations or transmission of information during the Promotion Period, including, without limitation, any problems, human or technical, errors, lost, delayed, garbled or corrupted data or transmissions, omissions, interruptions, deletions, defects or failures of any telephone or transmission lines, technical malfunctions of any computer online systems, servers, access providers, computer equipment, software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof including, without limitation, any injury or damage to an entrant’s or any other person's computer related to or resulting from participating in or downloading any material connected to the Promotion, all of which may affect a person’s ability to participate in the Promotion; (v) any errors, omissions, incorrect or inaccurate information in any Promotion-related materials, including, without limitation, printing or advertising errors or the failure of or problems with any equipment or programming associated with or used in the Promotion howsoever caused; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third party computer "hackers" or otherwise; (vii) any claims regarding the accepting, arranging, awarding or use of a prize; (viii) all liability, loss, or damages arising from or in connection with any Promotion-related sites or activities; (ix) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Promotion; or (x) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind. Entry material/data that has been tampered with or altered is void. By participating in the Promotion each Entrant (including Winner) agrees to be bound by these Official Rules and the decisions of Sponsor, and agrees to defend, indemnify, release and hold harmless the Released Parties from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of, related to or in connection with (i) the Promotion or (ii) receipt or redemption of the Prize. The Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Promotion or use or redemption of the Prize.
Sponsor may prohibit any entrant from participating in the Promotion or winning a Prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, acting in an unsportsmanlike manner or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or Sponsor’s representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Entrants agree that: (1) 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 United States District Court for the District of Utah or the appropriate Utah State Court; (2) 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 (3) under no circumstances will entrant be permitted to obtain awards for and entrant 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 LIMITATION 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 entrant, Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Utah without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Utah.
- FORCE MAJEURE: Released Parties shall not be liable to a Winner or any other person for failure to supply a Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, network or computer problems, internet problems, hacking, computer viruses, unauthorized computer access, tampering, pandemic, or any other cause beyond Sponsor’s sole control. Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Released Parties shall not be liable for any loss or damage to baggage.
- RULES GOVERN. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Promotion-related materials, these Official Rules shall prevail, govern and control.
- SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- PRIZE WINNER LIST: To obtain a copy of these Official Rules or for notification of the Winner, mail a self-addressed, stamped envelope (VT residents need not affix return postage on requests for rules) to: “Black Rifle Coffee Company c/o BRCC Side by Side Sweepstake Winners List”, 1144 S 500 W, Salt Lake City, UT 84101. Requests for winner list must be received no later than three (3) months after the end of the Promotional Period.
© Black Rifle Coffee Company LLC 2021. All rights reserved.