Terms & Conditions - Backcountry Gear & Consulting LLC.
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BACKCOUNTRY GEAR &CONSULTING LLC.
Terms and Conditions About Us and These Terms and Conditions Thank you for choosing to be part of our community at Backcountry Gear & Consulting (“Company,” “we,” “us,” or “our”). Backcountry Gear & Consulting is a Washington State company, and we are committed to protecting your personal information and your right to privacy. If you have any comments, questions, suggestions, concerns, or feedback about our terms and conditions, policies, or our practices with regards to your use of this website or personal information, please contact us at firstname.lastname@example.org. These Terms and Conditions are effective as of June. 15, 2020.
These are our Terms and Conditions, which reflect the way Company’s business works in regard to use of our website and the provided services, the way the laws that apply to our company and our website, and certain things we’ve always believed to be true. As a result, these Terms and Conditions help define Company’s relationship with you as you interact with our website and provided services. Our company and its services are constantly evolving, so this document may change from time to time. If you would like to find out what our current Terms and Conditions are, feel free to visit this page any time. Any new Terms and Conditions will be effective from the date they are first published. We will always keep this up to date so that you are aware of the most up-to-date policies of Company.
Services and Applicability These Terms and Conditions apply to our website and all provided services, including reviews services and all drawings associated therewith, whether viewed on our website, on a mobile device, on a PC, or on any other platforms, such as Facebook. It also applies to all of our advertising and related activities on all of these platforms as described below, as well as any other services that we may provide to you from time to time. In these Terms and Conditions, we refer to our website, reviews, drawings, advertising activities, and other services collectively as our “Services.” By accessing, downloading, and/or attending our reviews, interacting with our website, participating in drawings, or otherwise using our Services, you agree to these Terms and Conditions. If you have any concerns about providing information to us, or it being used as described in these Terms and Conditions, you should not use our website, webinars, or other Services. Including as set out in these Terms and Conditions relating to our Services, you must be at least eighteen (18) years old to access and/or use our Services. Specifically, with respect to firearms, you must be at least the minimum legal age to possess firearms (such as eighteen (18) or twenty-one (21) years old depending on the type of firearm) to access and/or use our Services relating to possession and ownership of firearms. We do not knowingly or intentionally permit those under the minimum legal age to access and/or use our Services. Eligibility Part of our website includes potential participation in drawings for various products and/or services endorsed, promoted, sponsored, exhibited, and/or reviewed on our website (the “Promotion”). The Promotion is open to legal residents of all fifty (50) states in the United States of America and the District of Columbia, who are at least eighteen (18) (or twenty-one (21), as applicable) years of age or older at time of participation/entry and legally eligible to own and/or possess a firearm or firearm related items. All Federal, State, and local laws and regulations apply, including that felons are expressly prohibited from participation in any Promotion. Any Promotion is void in Puerto Rico, Guam, the U.S. Virgin Islands, and where otherwise prohibited by law. Employees of Company, its respective affiliates, subsidiaries, advertising agencies, agents, suppliers, and/or any other company, entity, or individual involved with the design and production of any product or service in any Promotion, and the immediate families of the foregoing and/or those living in the same household of the foregoing are not eligible to participate in any Promotion. Participation in any Promotion constitutes entrant’s full and unconditional agreement to these Terms and Conditions, which are final and binding in all matters related to the Promotion. An award of any winnings is contingent upon fulfilling all requirements set forth herein. Sponsor Company is no more than a sponsor of the products and services in any Promotion. Company does not claim, assert, or otherwise hold out any warranties, guarantees, or otherwise with respect to any product or service in any Promotion beyond those specific statements in any webinar related to said product or service. Drawing All participants who sign up to participate in any , they are granted a Seat to attend the review which features information regarding specific products and/or services. At the end of each review, all participants will be eligible for a chance to win the specific product or service the subject of the review.. Winnings/Odds Company reserves the right to substitute any review listed winnings for one of equal or greater value for any reason, without prior notice. Odds of winning depend on the number of eligible review viewers and entrants received during the Review Period. Brand names are trademarks of brand owners who are not affiliated with any Review. There is no limit to the number of winnings a person can win. Once requirements of winners have been met, allow seventy-two (72) hours for notification of shipping for winnings. Images, videos, or other media of any winnings may not reflect actual size, style, color, or models of the actual winnings. Total Approximate Retail Value of any winning(s) (“ARV”) offered is set for each sweepstakes. ARV of the winnings as of the ending date will be determined in accordance with applicable Federal, State, and/or local rules and regulations and relevant blue book values or other reliable resources for valuation. Requirements of Potential Winners Any potential winner(s) must continue to comply with these Terms and Conditions, and winning is contingent upon fulfilling all requirements, including all applicable Federal, State, and local laws for such drawings, and, if applicable, for possessing a firearm. Potential winner(s) will be notified of their selection by email, text message, and/or mail after the drawing date. Potential winner(s) must claim the winnings online via our website, and agree to all further terms in connection therewith, within thirty (30) days of the date notice is given. If there is no response from any potential winner(s) within the allotted timeframe, the potential winner(s) will be disqualified. Further, if any potential winner fails to comply with these Terms and Conditions or any further terms in connection with collection of their winnings, the potential winner will be disqualified. If any potential winner is disqualified for any reason, Company will restart the drawing with the disqualified potential winner removed and select an alternative winner. An entrant is not deemed a winner of any winnings, even if the winning notification should so indicate, unless and until the entrant’s eligibility has been verified and the entrant has been notified that the acceptance and verification process is complete. Taxes Any ARV valuation of any winning(s) is based on available information provided to Company, including retail value, and the value of any winning(s) awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes, registration, or other expenses related to transfer of the winnings to the winner, and paying any expenses associated with any winnings that are not specifically provided for in the official rules. Each winner must provide Company with valid identification, mailing address, and a valid taxpayer identification number or social security number before any winnings will be awarded. Winnings are not transferable, assignable, redeemable for cash, or exchangeable for any other winnings. Any person winning any product or service valued at over six hundred dollars ($600.00) in winnings may receive an IRS form 1099 for the applicable calendar year and a copy of such form will be filed with the IRS by Company. Conditions of Entry/Limit Each entrant may submit a single entry for a single Seat and may further submit entries on behalf of other persons during the Review Period by any method noted above. Any attempt by any entrant to obtain entry or a Seat by any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries of said entrant, including any otherwise valid entries, and that entrant may be disqualified in Company’s sole discretion, from the Review and any of the Company’s other Reviews, both past and future. Publicity Except where prohibited, participation in any Review constitutes entrant’s consent for Company, winnings providers, and their designees to use, for promotional purposes in any type of media without further payment or consideration, entrant’s name, likeness, city and state of residence, and any written or oral comments or testimonials to, or other feedback on, any winnings or entrant’s experience, or any other personal information of entrant. As such, by participating, all entrants, participants, potential winners, finalists, and winners grant Company exclusive permission to use their names, characters, photographs, voices, and likenesses in connection with any promotion of this and/or other Reviews or contests and waive any claims to royalty, right, or remuneration for such use. Further, except where prohibited, by participating in any Review, all entrants, participants, potential winners, finalists, and winners agree that Company may disclose personal information obtained from the foregoing in the sweepstakes to third parties and use such information for marketing and other purposes in addition to that noted herein. General Conditions Company expressly reserves the right to, at Company’s sole discretion: a. cancel, suspend, terminate, and/or otherwise modify any Review, or any part thereof, if any fraud or technical failure, or any other causes or events corrupt or impair the administration, security, fairness, integrity, and/or proper functioning of the Review, as determined by Company in its sole discretion, and b. in the event any Review is so cancelled, suspended, terminated, or otherwise modified such that winnings are no longer available for award, award alternative winnings in a random drawing from the eligible Seat(s) received prior to event requiring such action. Company further expressly reserves the right in their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of any Review or to be acting in violation of these Terms and Conditions, or any further terms specific to any Review or award thereof, or any other Review or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of any Review may be a violation of criminal and civil law in addition to, and independent of any, violation of these Terms and Conditions, and, should such an attempt be made, Company reserves the right to seek damages from any such person to the fullest extent permitted by law. Company’s failure to enforce any of these Terms and Conditions, or any further terms specific to any Promotion or award thereof, shall not constitute a waiver of that rule. Use of any automated system to participate is prohibited and will result in disqualification. Company is not responsible for printing or typographical errors, incorrect or inaccurate registration information, lost, late, incomplete, invalid, unintelligible, incomplete, or misdirected entries, all of which will be disqualified. All entries become the sole and exclusive property of Company and will not be returned. Company reserves the right to contact entrants and all other individuals whose email address is submitted as part of any Review. Reviews may be offered with different creative presentations by Company. Except where prohibited, and without limiting the foregoing, all winnings provided will be new, in original condition unless otherwise stated, and are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties or merchantability, fitness for a particular purpose or non-infringement. However, if a product is received in damaged condition Company shall attempt to remedy the situation as best as reasonable by providing a replacement of the same product or another product of equal or greater value, at Company’s sole discretion. Entry Conditions and Release and Limitations of Liability By entering and/or participating in any Promotion, each entrant and/or winner hereby, on behalf of themselves, their executors, heirs, and assigns, agrees to: a. comply with and be bound by these Terms and Conditions and any further conditions with respect to any specific Promotion, and the decisions of Company, which are binding and final in all matters relating to any Review; b. indemnify, defend, and hold harmless Company and all Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Review and/or entrant’s acceptance, use or misuse of winnings, including as set forth hereinabove; and c. release, indemnify, and hold harmless Company, the winnings suppliers, and any other organizations or individuals responsible for fulfilling, administering, advertising, or promoting the Review, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all expenses, liability, and/or claims of actions of any kind, whatsoever for injuries, damages, and/or losses of any kind to persons or property, including, but not limited to, negligence and damages caused by any disclosure of private facts, false light in the public eye, or any other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, patent, copyright, or other intellectual property rights, property damage, death, or personal injury sustained in connection with, arising out of, and/or relating to i. the conduct, review, or outcome of any Review, including, but not limited to, an entrant’s entry, creation of a Seat, submission of a Seat, and/or participation in any Review; ii. the receipt, acceptance, ownership, use, or misuse of any winnings (including any travel or activity related thereto) and/or the broadcast, exploitation, or use of entry or winnings; and iii. the preparation for participation in or traveling to and/or from any winnings-related activity in connection with the Review or otherwise. Under no circumstances will Company or the Released Parties be liable for punitive, incidental, consequential, or any other damages. The Released Parties are not responsible for: 1. any incorrect or inaccurate information, whether caused by entrants, printing errors, or any of the equipment or programming associated with or utilized in any Review; 2. technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; 3. unauthorized human intervention in any part of the entry process or any Review ; or 4. technical or human error which may occur in the administration of any Review or the processing of a Seat or an award of any winnings. No more than the stated number of winnings will be awarded. In event that production, technical, seeding, programming, or any other reasons cause more than the stated number of winnings as set forth in any Review to be available and/or claimed, Company reserves the right to award only the stated number of winnings by a random drawing among all legitimate, unawarded eligible winnings claims. Any entrant receiving any winnings guarantees that they are able to receive said winnings and are not otherwise prohibited from possession, custody, and/or control of the specific winnings, such as by legal limitation(s). If any entrant is so prohibited, that entrant will be disqualified for any specific Promotion which is in violation of said limitation(s). Further, any attempts to bypass such limitation(s) by registering as another person or by a non-prohibited person knowingly giving any winnings to a prohibited person will result in the voiding of all entries of said entrant, including any otherwise valid entries, and disqualification of all persons involved from the Promotion and any of the Company’s other Promotions, both past and future. Company does not make any representation or warranties with respect to the accuracy, suitability, applicability, fitness, or completeness of the webinar content. The review content has not been made available for educational purposes. The information contained in the reviews posted represents the views and opinions of the original creator of such review content. Company is not responsible, nor can it be held liable for, any information in the reviews. Company hereby expressly disclaims any and all liability to the same extent noted above, including to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the review content, which is provided as is, and without warranties. Disputes, Complaints, and Contact By using our website and engaging in the reviews you expressly agree that: i. any and all disputes, claims and causes of action arising out of, or connected with, any Promotion, or any winnings awarded, other than those concerning the administration of the Promotion or the determination of winner, shall be resolved individually, without resort to any form of class action; ii. any and all disputes, claims, and/or causes of action not expressly disclaimed herein which arise out of, or are connected with, any Promotion, or any winnings awarded, shall be resolved exclusively by the State or Federal courts located in or for Franklin County, Washington; iii. any and all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms and Conditions, or such further terms specific to any Promotion, or the rights and obligations of the entrant or Company in connection with any Promotion, shall be governed by, and construed in accordance with, the laws of the State of Washington ; iv. any and all claims, judgments, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any Promotion, but in no event attorney’s fees; and v. under no circumstances will entrant be permitted to obtain awards for, and entrant hereby expressly waives all rights to claim, any punitive, incidental, and/or consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, except where any applicable jurisdiction prohibits by law the foregoing limitations or exclusions of liability for incidental and/or consequential damages. Each party hereby waives and covenants not to assert any claim that is not subject to personal jurisdiction in those courts or that venue in those courts is for any reason improper, inconvenient, prejudicial, or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of forum non convenient). You can file a complaint with us about any breach of our Terms and Conditions at the address below. If you have any questions about our Terms and Conditions, please contact us at: email@example.com