Official Rules for "The Terminal List" Giveaway
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. NOT VALID IN RHODE ISLAND. VOID WHERE PROHIBITED.
The following promotion is intended for Black Rifle Coffee Club Members in the United States and D.C. (not valid in Rhode Island) only and shall be construed and evaluated according to the laws of the United States. Do not proceed with this promotion if you are not a legal resident of the United States and/or D.C. Further eligibility restrictions are contained in the official rules (“Official Rules”) below.
- DESCRIPTION: "The Terminal List Giveaway" ("Promotion") begins on or about July 1, 2022 at 12:01 AM Mountain Time and ends on August 31, 2022 at 11:59 PM Mountain Time ("Promotional Period"). The Promotion is sponsored, administered and fulfilled by Black Rifle Coffee Company LLC, 1144 S. 500 W., Salt Lake City, UT 84101 (“Sponsor”)
- ELIGIBILITY: Promotion is open only to eligible Black Rifle Coffee Club Members (“Club Members”). “Eligible Club Members” are all Club Members (individual and bulk) who (i) are active and current with all applicable membership fees due and owed to Sponsor as of the start of the Promotional Period; (ii) are legal residents of the United States and D.C.; (iii) are at least 18 years of age in their state of primary residence at time of entry; and (iv) have not opted out of entering into the Promotion. Any individuals (including but not limited to employees, independent contractors, consultants and interns) who have, within the last six (6) months, been employed by or performed services for Sponsor, or any other organizations affiliated with the administration, prize support, fulfillment, advertisement or promotion of the Promotion (collectively, “Promotion Entities”) are not eligible to enter or win. Household Members and Immediate Family Members of each such individual are also not eligible to win. For purposes of the Promotion, "Household Members" shall mean those people who share the same residence at least three (3) months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. Void where prohibited or restricted by law.
- HOW TO ENTER: All Eligible Club Members will be automatically entered into the Promotion one (1) time during the Promotional Period. In the event a Club Member does not wish to participate in the Promotion, such Club Member can notify Sponsor at any time to withdraw their name from the Promotion. In the event of a dispute as to the identity of any Club Member or Winner (defined below), at the sole discretion of Sponsor, the Club Member or Winner will be deemed to be the person to whom the email account is registered to associated with the club membership. POTENTIAL WINNER WILL BE NOTIFIED AS DESCRIBED IN SECTION 6 BELOW, BY TELEPHONE AND/OR EMAIL, AT SPONSOR’S DISCRETION, USING POTENTIAL WINNER’S CLUB MEMBER CONTACT INFORMATION.
One (1) Prize winner (“Winner”) will receive the below items:
One (1) Never Tell Me The Odds Rambler
One (1) The Terminal List Signed Copy (Book)
Approximate Combined Retail Value [“ARV”] of Sweepstakes $2,600.00.
All prize details are at the sole discretion of 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, including, but not limited to (i) all federal, state, and local taxes; (ii) insurance; and/or (iii) title fees, as applicable, are the sole responsibility of the winner. If a 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 a 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 ARV of any 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. 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.
All properly claimed prizes will be awarded.
Limit one (1) Prize. If prize is awarded but goes unclaimed or is forfeited by Winner, 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 Eligible Club Members at the start of the Promotional Period.
- WINNER SELECTION AND NOTIFICATION: Winner will be selected via a random drawing conducted by Sponsor on/or around August 5, 2022, from all Eligible Club Members. Winner will be notified by telephone and/or email, at the sole discretion of Sponsor, using potential winner’s club member contact information, within approximately ten (10) business days of the drawing date. Selected winner will be required to respond (as directed by Sponsor) to the notification. The failure of Winner to respond timely to the notification may result in forfeiture of the prize and Sponsor will randomly select an alternate Winner from among the remaining Eligible Club Members. Winner may be required to verify their address and return to Sponsor, within five (5) days (or a shorter time if required by exigencies), an affidavit of eligibility, 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 to Sponsor within the specified time period may result in forfeiture of the prize by Winner and selection of an alternate Winner from the remaining Eligible Club Members. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential Winners of a prize 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 until all such required Prize Claim Documents are properly executed and returned as directed.
- 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(s), server(s), 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 prizes by means of a random drawing comprised of all non-suspect Eligible Club Members prior to and/or after (as appropriate) the action taken by Sponsor, or otherwise award the prizes 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, and/or suspension of the Promotion will be posted on Sponsor’s website.
Winner authorizes Sponsor and/or Promotion Entities to use Winner’s 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/or 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, without further obligation or compensation to Winner, unless prohibited by law, at the sole discretion of Sponsor and/or Promotion Entities.
Promotion is void where prohibited or restricted by law. All federal, state, and/or local laws and regulations apply. By participating, each Eligible Club Member agrees to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects. By participating in this Promotion and/or by accepting any prize that they may win, each Eligible Club Member agrees to release Sponsor and Promotion Entities, Amazon.com, Inc., Facebook, Inc., Twitter, Instagram, and (i) each of their respective parent, subsidiary and affiliated companies, units and divisions; (ii) each of their respective officers, directors, agents, representatives and employees; and (iii) each of the aforementioned company’s and individual’s 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 Eligible Club Member’s participation or attempted participation in the Promotion, including, without limitation, the administration of the Promotion, the confirmation of winners, 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, entries containing 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 Promotional 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.
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. The Released Parties disclaim any liability for damage to any computer system resulting from participating in, accessing, or downloading information in connection with this Promotion.
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 the 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.
Sponsor may prohibit any Eligible Club Member from participating in the Promotion or winning a prize if, in its sole discretion, it determines such Eligible Club Member is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, 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.
- FORCE MAJEURE: The 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, or any other cause beyond Sponsor’s sole control. The 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. The 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 “The Terminal List Giveaway” at 1144 S. 500 W., Salt Lake City, UT 84101-90027. Requests for winners' lists must be received no later than three (3) months after the end of the Promotional Period.
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