BRCC x Round Canopy Parachute Team Sweepstakes Official Rules
OFFICIAL RULES FOR
“BRCC x ROUND CANOPY PARACHUTE TEAM
STATIC LINE SWEEPSTAKES”
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 RESIDENTS OF THE 50 U.S. STATES PLUS THE DISTRICT OF COLUMBIA (“D.C.”) (BUT EXCLUDING RESIDENTS OF RHODE ISLAND) WHO ARE 21 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. 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 one of the 50 U.S. states or D.C. (excluding Rhode Island). Further eligibility restrictions are contained in these official rules (“Official Rules”). These Official Rules are a binding contract, so read them carefully before participating. By participating, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects.
The “BRCC x Round Canopy Parachute Team Static Line Sweepstakes” (“Promotion”) begins on or about August 31, 2023, at 9:00 AM MDT and ends on September 15, 2023, at 11:59 PM MDT (“Promotion Period”). Sponsor’s time-keeping device is the official clock of the Promotion. The Promotion is sponsored, administered, and fulfilled by Black Rifle Coffee Company LLC, 1144 S. 500 W., Salt Lake City, UT 84101 (“Sponsor” or “BRCC”). This Promotion is in no way sponsored, endorsed or administered by, or in association with the Round Canopy Parachuting Team – USA (“RCPT-USA”) (together with BRCC, the “Promotion Entities”).
Promotion is open only to eligible Black Rifle Coffee Company club/subscription members. Individuals part of any one of the following clubs/subscriptions shall be considered Black Rifle Coffee Company club/subscription members: (i) Coffee Club, (ii) Shirt Club, (iii) Exclusive Coffee Club (ESC), (iv) Sticker Club, (v) Prepaid Club, (vi) Instant Sticks Club, (vii) Steep Bags Club, (vii) Cold Brew Club, and (ix) Ready-to-Drink (RTD) Club (collectively, “Club Members”).
Club Members eligible for the Promotion (“Eligible Club Members”) are Club Members who (a) are Club Members as of August 30, 2023; (b) are legal residents of one of the 50 U.S. states and D.C., excluding residents of Rhode Island; (c) are at least 21 years of age and no more than 65 years of age at time of entry (55 years of age being the uppermost age accepted by RCPT-USA for participation in parachuting activities without a physician’s waiver, and 65 years of age being the uppermost age accepted by RCPT-USA for participation in parachuting activities with a physician’s waiver); (d) otherwise meet the medical and physical requirements established by the RCPT-USA to qualify as a participant for the Event (see RCPT-USA’s Medical Declaration Form attached to these Official Rules as Attachment 1 for the Event’s medical requirements); and (e) who have opted-in to entering into the Promotion.
Employees, directors, and officers of Sponsor and of Sponsor’s parents, affiliates, subsidiaries, 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 and/or household members are not eligible to enter or win. For purposes of the Promotion immediate family and/or household members shall mean those people who share the same residence at least three months a year, whether or not related, and parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void where prohibited or restricted by law.
- HOW TO ENTER:
During the Promotion Period, Eligible Club Members may enter by going to BRCC x Round Canopy Parachute Team Sweepstakes and filling out the form to opt-in to the Promotion. To complete the opt-in form, entrants must enter their full name, valid email address, telephone number, and click to agree to the terms of these Official Rules. Entrants may only enter the Promotion one time; multiple submissions/entries are not permitted, and if an entrant is caught entering more than once, entrant may be disqualified from participation in the Promotion.
One winner (“Winner”) will receive the below items (collectively, the “Prize”):
The Approximate Retail Value (“ARV”) of the Prize is $3,450.
All Prize details are at the sole discretion of Sponsor. The Prize is non-transferable. All other costs and expenses associated with the acceptance and use of the Prize not explicitly stated in the prize description above, including, but not limited to (i) all federal, state, and local taxes; (ii) insurance; and/or (iii) incidental expenses, as applicable, are the sole responsibility of the Winner. Sponsor reserves the right to substitute the Prize or any Prize component with a prize of equal or greater retail value. If the Winner cannot or elects not to accept the Prize, or any portion thereof, as stated, the Prize, or any portion thereof, Sponsor, at its sole discretion, may elect the Prize to be forfeited in its entirety or in part. No refunds or credit for changes are allowed. The ARV of certain components 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 ARV/MSRP is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Any difference between the ARV/MSRP and the value of the Prize at the time of fulfillment will not be awarded to Winner. ALL TAXES ON THE PRIZE 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.
To the extent an event ticket or registration to an event is a component of the Prize, such event ticket is subject to the terms and conditions of such ticket, and Sponsor is in no way responsible for any delay, cancellation, or adverse event related to the ticketed event or the Winner (and/or any guest’s) attendance at the event.
Limit one Prize per Winner. If Prize is awarded but goes unclaimed or is forfeited by the Winner, the Prize may or 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, MISUSE, 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 eligible entries Sponsor receives. Eligible Club Members may only enter the Promotion one time; multiple submissions/entries are not permitted.
- WINNER SELECTION AND NOTIFICATION:
A potential winner will be selected via a random drawing conducted by the Sponsor on/or around September 18, 2023, from eligible entries received. The potential winner will be notified by telephone and/or email, at the sole discretion of Sponsor, using potential winner’s provided contact information, within approximately two business days of the drawing date. Selected potential winner will be required to respond (as directed by the Sponsor) to the notification within the time indicated in the winner notification message. The failure of the potential winner to respond within the timeframe indicated in the notification will result in forfeiture of the Prize and the possible selection, at Sponsor’s discretion, of an alternate Winner from the remaining pool of eligible entrants. The potential winner will be required to verify their address and return to Sponsor within three 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, or if any attempted notification is returned as undeliverable, will result in forfeiture of the Prize by potential winner. Sponsor, in its sole discretion, may elect to attempt to contact an alternative potential winner in accordance with the above procedure, after which the Prize in question may go unawarded if it remains unclaimed. A Prize will not be awarded and potential winner will not be deemed as the “Winner” of the Promotion until and unless the potential winner is in compliance with these Official Rules, all required Prize Claim Documents are properly executed and returned as directed, and the potential winner is verified. If the Prize, or any Prize component is returned as undeliverable, Sponsor will have no further obligation as to the delivery of the Prize.
- GRANT/TRANSFER OF RIGHTS; PUBLICITY:
By submitting an entry, entrants/you acknowledge and agree that the submission of an entry grants irrevocably and assigns to Sponsor and its agents and assigns the exclusive irrevocable, perpetual, worldwide right, title, and interest, in and to the entry, whereby Sponsor and its agents and assigns may reproduce, publish, edit, revise, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit have transmitted, create derivative works based upon, and promote the entry or parts of the entry (as such may be edited and modified by Sponsor and its assigns in their discretion) in perpetuity, for editorial, commercial, promotional, and all other purposes (including posting on any websites, and/or other media and channels), without further compensation, unless prohibited by law. Entrant hereby disclaims any rights, including any copyright or any other intellectual property right, in or to the entry following the assignment contemplated hereby. Further, to the extent entrant/you may have moral rights in the entry submitted, he/she/you hereby waives all such moral rights in favor of Sponsor and Sponsor’s assigns. Entrant agrees that Company may use Winner’s name to promote the Event, and Winner further agrees to allow Company to take, post, and share photographs of Winner participating in the Event.
- CONDITIONS OF PARTICIPATION:
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 Sponsor’s website.
Sponsor may disqualify or prohibit any entrant from participating in the Promotion or winning a Prize if, in its sole discretion, it determines such entrant is, or 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.
- RELEASE AND LIMITATION OF LIABILITY:
By participating in this Promotion and/or by accepting any prize that they may win (including the Prize or any Prize component), each entrant agrees to release the Sponsor and Promotion Entities, including Meta, Twitter, or Instagram (if the Promotion is advertised on such social media platforms), and each of their respective parents, subsidiaries 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(s), 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, 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 the award, claim, use, or participation in (as applicable) any prize or prize component or participation in 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, use, or misuse 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 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 the Promotion or receipt, use, misuse, or redemption of the Prize.
The Winner expressly acknowledges that jumping from an aircraft, and the associated/required training and qualifications associated with jumping from an aircraft, is inherently dangerous and may result in bodily harm or death. The Winner assumes all risk related to participation in such activity as well as all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Promotion or use, misuse, or redemption of the Prize.
The Released Parties shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) 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 (iv) any printing, typographical, human administrative or technological errors in any materials associated with the Promotion. Released Parties disclaim any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with this Promotion.
- DISPUTE RESOLUTION; VENUE; JURISDICTION:
Entrants agree 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 United States District Court for the District of Utah or the appropriate Utah State Court; (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 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 or 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), event, 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.
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 x Round Canopy Parachute Team Static Line Sweepstakes Winners List, ATTN: Legal Department, 1144 S. 500 W., Salt Lake City, Utah 84101.” Requests for winners’ lists must be received no later than three months after the end of the Promotion Period.© Black Rifle Coffee Company LLC 2023. All rights reserved.