Sweepstakes Terms And Conditions
NO PURCHASE OR STORE VISIT IS NECESSARY TO ENTER OR WIN A PRIZE.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PUBLISHER AND/OR SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES. THESE RULES CONTAIN ARBITRATION AND DISPUTE RESOLUTION PROVISIONS THAT AFFECT THE WAY IN WHICH ANY CLAIM OR DISPUTE BETWEEN YOU AND THE PUBLISHER AND/OR SPONSOR WILL BE RESOLVED. SEE SECTION 15 FOR THE ARBITRATION AND DISPUTE RESOLUTION PROVISIONS.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR EXCLUDED.
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This Sweepstakes is facilitated by Bleecker Street Publications, LLC (“Publisher”) and the named sponsor.
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SWEEPSTAKES PERIOD. The Sweepstakes Period begins on at 12:00 am EST and ends at 11:59 pm EST. (“Sweepstakes Period”).
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TERRITORY. Except where excluded, each sweepstakes consists of an online sweepstakes (the “Sweepstakes”) in the 50 United States and the District of Columbia (the “Territory”) during the Promotion Period. The Sweepstakes is void in Rhode Island, Puerto Rico and other U.S. Commonwealths, Territories and jurisdictions (including overseas military installations) and where prohibited. The possession of certain items, including but not limited to, silencers, AR style rifles, magazines, restricted firearms may be prohibited and/or restricted in certain States. Any entry from a state wherein a prize is prohibited and/or restricted is ineligible.
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AGREEMENT TO OFFICIAL RULES. The Sweepstakes will be conducted in the Territory by the Sponsor(s), and each person who participates in the Sweepstakes (each a “Participant”) unconditionally accepts and agrees to comply with, abide by, and have all participation subject to these Official Rules, any other additional rules on the Sweepstakes Page, and the decisions of the Sponsors, which shall be final and binding with respect to all aspect of the Sweepstakes in the Territory.
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ELIGIBILITY. The sweepstakes is open only to natural persons who are legal residents of the Territory, at least twenty-one (21) years of age at the time of entry, and who are legally eligible to own and possess a firearm, silencer and/or any other item offered as a prize in the Territory. Persons in the following categories are NOT eligible to participate: any person who on or after the beginning of this Sweepstakes was or is (a) a director, officer, employee, agent, or independent contractor of Sponsors; (b) a director, officer, employee, agent, or independent contractor of any entity engaged to assist with the creation, administration, advertising, or management of the Sweepstakes; or (c) an immediate family member (defined as spouse, IRS-dependent, or biological, foster, in-law, adoptive, or step- mother, father, sister, brother, daughter, or son) of, or who resides in the same household as, any person in any of the preceding categories.
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Each winner will be required to participate in the prize fulfillment process and sign documents, such as a release, as detailed below.
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In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the email account (provided via the entry form) is registered (“Authorized Account Holder”). The Authorized Account Holder is the natural person who is assigned to the email address by an internet access provider, on-line service provider, or other organization that is responsible for assigning email addresses, or the domain associated with the submitted email address.
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No mechanically or programmatically reproduced entries are permitted. Sponsors will not verify receipt of entries for Entrants. All entries submitted become the sole property of Sponsors and will not be returned. Sponsors are not responsible for lost, late, misdirected, illegible, or damaged entries.
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COMPLIANCE AND VERIFICATION. Winning the prize requires that the potential winner of the prize is, and remains, in compliance with these Official Rules and any other additional rules on the Sweepstakes Page. Until a potential winner is verified to be eligible and in compliance with these Official Rules and any other additional rules on the Sweepstakes Page, the potential winner is, and will remain, a potential winner, unless the potential winner is disqualified for not complying with the Official Rules and/or not being eligible to participate in the Sweepstakes. Publisher and/or Sponsor reserves the right to disqualify any potential winner who Publisher and/or Sponsor, in its sole and absolute discretion, determines is not permitted by law to receive a prize. Sponsor is not required to conduct any advertising or public relations associated with a winner.
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TO ENTER: An online entry is needed to enter the Sweepstakes. Visit the relevant contest pages anytime during the Sweepstakes Period and follow the directions to complete and submit the online registration. Using the tools on the entry confirmation page; five (5) entries may be earned for each friend referred to the Sweepstakes who thereafter registers by submitting his/her valid email address. Plus, earn the extra entries as specified by the relevant contest pages. All entries must be received during the promotion period. Entrants are responsible for determining the corresponding time zone in their respective location, for the online entry deadline.
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SUBSCRIPTION. By entering this sweepstakes, Participant agrees that Participant is subscribing to all email newsletter(s), promotional communications, and offers from Bleecker Street Publications LLC or any one of its media properties as well as from the Sponsor(s) and any one of their properties. While Participant will have an opportunity to opt-out of each communication, Participant must continue to be subscribed to all specified newsletters throughout the Promotion Period to be eligible to win a prize. If a Participant has unsubscribed during the Promotion Period the Participant will be ineligible to win.
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SWEEPSTAKES – PRIZES/ODDS/DETAILS. The prize(s) and value(s) available for any Sweepstakes will be listed on the Contest Entry Page for that Sweepstakes. The odds of winning in any Sweepstakes depend on the number of eligible entries received for that Sweepstakes.
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Winner Selection and Notification. A potential winner will be selected for each Sweepstakes from among the eligible entries received during the applicable Promotion Period in a random drawing by representatives of the Publisher, using the gleam.io.random selection engine. Each potential winner will be notified via email using the contact information supplied at the time of entry. The notification will include instructions on how to contact Publisher and/or Sponsor(s) to provide name, address or other information that may be necessary to complete validation of eligibility, obtain and complete Prize Claim Documents, and delivery of prize. No liability is assumed for any winner notification that is lost, intercepted, or not received during the Promotion Period by a potential winner for any reason. If the requested documentation is not received by Publisher within ten (10) days from issuance of notification, or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If a potential winner is found to be ineligible, or if he or she has not complied with these Official Rules and any other additional rules on the Sweepstakes Page, or declines a prize for any reason prior to award, or is deemed ineligible for any other reason in Publisher’s sole discretion, such potential winner will be disqualified and an alternate winner may be selected.
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Additional Prize Information. Publisher may, at its sole and absolute discretion, select an alternate potential winner should any potential winner be disqualified. Sponsor(s) will provide for standard trackable delivery of the prize in the Sweepstakes. The prizewinner shall be solely responsible for all federal, state, and/or local taxes and other fees associated with prize receipt and/or use. The prize may not be assigned or changed except at the sole and absolute discretion of Publisher. Prizes pictured in advertising, marketing, or promotional materials are for illustrative purposes only. In the event there is a discrepancy or inconsistency between statements contained in any such materials and the terms and conditions of these Official Rules, these Official Rules together with the additional rules on the Sweepstakes Page for the specific prize shall prevail, govern and control.
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Transfer of Firearm. Transfer of any prize falling under the legal definition of a firearm, shall be conducted through a federally-licensed Federal Firearms License (FFL) dealer. All firearms transfers will be conducted in strict compliance with all applicable federal, state and local laws. If, at any time prior to fulfillment of the prize, the potential winner is unable, unwilling, or barred from obtaining or using a firearm, the potential winner will be declared ineligible. By entering these sweepstakes, Participant warrants that Participant is not legally prohibited from owning or taking possession of a firearm.
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Transfer of Silencer. Transfer of any prize falling under the legal definition of a silencer, shall be conducted through a federally-licensed FFL dealer with a valid Special Occupational Taxpayer (SOT). All such transfers will be conducted in strict compliance with all applicable federal, state and local laws. If, at any time prior to fulfillment of the prize, the potential winner is unable, unwilling, or barred from obtaining or using a prize, the potential winner will be declared ineligible. By entering these sweepstakes, Participant warrants that Participant is not legally prohibited from owning or taking possession of a silencer.
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Verification of Eligibility. A potential winner may be required to verify eligibility to receive the prize, including passing a background check and satisfying other requirements as may be required by law. The winner is responsible for compliance with all federal, state and local firearms laws and regulations. If, after any potential winner is determined and declared and the prize is shipped to the potential winner’s FFL dealer of choice in his or her state of residence, the potential winner is unwilling or unable to receive a transfer of the prize from his or her chosen federal firearms licensee (for failure to pass a required background check, legal prohibition of the transfer, or any other reason), Publisher reserves the right, in its sole and absolute discretion, to either terminate the Sweepstakes immediately or select an alternate prize winner in a random selection of all remaining eligible entries.
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General Prize Conditions. Prizes are non-transferable, and no cash alternative or prize substitution will be allowed, except in Publisher’s sole and absolute discretion. A substitute prize of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Each winner is responsible for any taxes due as a result of accepting the prize, and for any other fees or costs associated with acceptance or use of any prize not expressly included in the prize description.
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PRIZE CLAIM DOCUMENTS. Except where prohibited, the Prize Claim Documents will include, but are not limited to: a Declaration or Affidavit of Eligibility (as solely determined by Publisher and/or Sponsor(s)), Release of Liability, a Publicity Release (where lawful), a Federal IRS form W-9 for tax filing purposes (for the year a prize is received), and such other documents as may be determined by Publisher and/or Sponsor(s). All Prize Claim Documents must be returned as provided in the directions to the potential winner. Prizes that require shipping to the winner will ship when available following satisfactory verification. For prizes that require in-person delivery through an FFL, Publisher and/or Sponsor(s) will coordinate such delivery with the winner. No delivery through an FFL will be permitted until all verifications and authorizations have been confirmed. If verification of any information provided results in forfeiture, no prize will be awarded to that individual. Upon prize forfeiture, no compensation will be given.
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PUBLICITY AND PRIVACY. Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Publisher and/or Sponsor(s)’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Publisher’s full Privacy Policy can be found at https://bleeckerstreetpublications.com/privacy-policy/.
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RELEASE. By receipt of any prize, winner agrees to release and hold harmless Publisher, Sponsor(s) and any other third-party providers or their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or the receipt or use or misuse of any prize.
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GENERAL PROVISIONS.
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Publisher and/or Sponsor reserves the right to cancel, suspend and/or modify any Sweepstakes, or any part of it, if any fraud, computer bugs, computer viruses, hacking, security breach, tampering, technical failures, human error, service interruptions, force majeure or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Publisher and/or Sponsor in its sole and absolute discretion. In such event, Publisher and/or Sponsor, in its sole and absolute discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered in the Sweepstakes. Publisher and/or Sponsor reserves the right, in its sole and absolute discretion, to disqualify any individual it finds to be abusing or tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike, fraudulent, deceptive, or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Publisher and/or Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Publisher’s and/or Sponsor failure to enforce any term of these Official Rules or any other additional rules on the Sweepstakes Page shall not constitute a waiver of that provision.
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Publisher’s designated computer is the official timekeeping device for the Sweepstakes. No automated entry devices, bots, spiders, mechanisms, programs, or otherwise are permitted. Entries may not be acknowledged or returned. Proof of transmission is not proof of receipt.
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By entering the Sweepstakes, Participants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes. Publisher reserves the right to block entry to any individual for any or all Sweepstakes conducted by Publisher, whether current or in the future, if such individual is determined to be found in violation of these rules.
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Participant agrees that the Sweepstakes and any prizes awarded are provided “AS IS” and the Publisher and/or Sponsor makes no warranty, representation, or guarantee regarding the Sweepstakes or the prize(s), including, but not limited to, their quality, condition, merchantability, or fitness for a particular purpose. Publisher and/or Sponsor makes no warranty that the website interface and any content, features, or functionality offered thereon will meet any requirement or will be uninterrupted, timely, secure, or error-free; or there will be no errors in the website interfaces or any content, feature, or functionality offered thereon. Publisher and/or Sponsor shall not be responsible for any damage caused to Participant’s computer, mobile device, or data, or for any bugs, viruses, Trojan horses, or other destructive code resulting from use of any entry or prize draw interfaces or any content obtained from any third-party services.
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No portion of the Prize may be listed or offered for sale on eBay, Craigslist, or similar websites. Taxes, fees or otherwise are the sole responsibility of each winner. Prizes are not transferable. No prize, cash or other substitutions allowed except at Publisher and/or Sponsor’s sole discretion or as otherwise provided herein. Publisher and/or Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable.
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Severability. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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Change of Laws. In the event that this Sweepstakes is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Publisher and/or Sponsor reserves the right to discontinue or modify the Sweepstakes, as applicable, or to disqualify any entrants residing in any affected geographic areas, as applicable. In such an event, Publisher and/or Sponsor shall have no liability to any entrants who are disqualified due to such an action.
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LIMITATIONS OF LIABILITY. Publisher and/or Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (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 the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (7) any maintenance, service charge(s), account activation or monthly fees, repairs, replacement, insurance, or any expense related to ownership of any prize. If for any reason a Participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules and any other additional rules on the Sweepstakes Page to be available and/or claimed, Publisher and/or Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
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CHOICE OF LAWS, ARBITRATION AND DISPUTE RESOLUTION. READ THIS SECTION CAREFULLY AS IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE REGARDING THIS SWEEPSTAKES IS RESOLVED.
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Governing Law and Venue. All claims arising out of the Sweepstakes and all issues and matters concerning the construction, validity, interpretation, and enforceability of these Official Rules and any other additional rules on the Sweepstakes Page, or the rights of Participant(s), shall be governed by and construed in accordance with the laws of the State of Michigan and the United States of America, without regard to conflict of laws principles. Venue shall be in the Eastern District of the State of Michigan, County of Oakland.
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Process. Any claim, controversy, or dispute (whether in contract, tort, or otherwise) arising directly or indirectly out of or related to the Sweepstakes shall be resolved exclusively by a final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be conducted in the English language. The arbitration shall be held at a location determined by the AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such a location as may be mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, together with any other additional rules on the Sweepstakes Page, and any of the other agreements referenced herein that the Participant may have entered into in connection with the Sweepstakes. The arbitrator shall apply the laws of the State of Michigan consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law. To the extent permitted by law, Participant agrees that under no circumstances will the Participant be permitted to obtain an award for, and Participant hereby waives all rights to, consequential, incidental, punitive damages, or any other damages, and any and all rights to have damages multiplied or otherwise increased.
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No Class Action or Consolidated Proceedings. ANY ARBITRATIONS, DISPUTES, CLAIMS, AND CAUSES OF ACTION THAT OCCUR WILL BE RESOLVED ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM OR DISPUTE.
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Scope. This agreement to arbitrate claims and disputes is intended to be broad and includes, without limitation, (i) claims or disputes relating to any aspect of the Sweepstakes, whether based in contract, tort, statute, or any other legal theory, (ii) claims or disputes directly or indirectly arising from conduct or events that occurred prior to the effective date of these Rules (including, without limitation, claims relating to advertising), or after its termination, (iii) claims or disputes subject to class action litigation in which Participant is not currently a member of a certified class, and (iv) claims or disputes with any agent, employee, successor or assign of Participant, the Sponsor, the Administrator, or any Released Party (all such claims and disputes are referred to collectively as “Claims”). This agreement to arbitrate does not, however, include Claims pertaining to intellectual property rights.
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No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator will have any preclusive or collateral estoppel effect in any other arbitration or court, unless it involves the exact same parties.
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Severability. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, 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 or illegal provision were not contained herein.
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NOTICES. All notices, requests, consents, claims, demands, waivers, and other communications to Publisher hereunder shall be in writing and addressed as follows via First Class Mail (or as otherwise specified by a party in a notice given in accordance with this Section):
Bleecker Street Publications, LLC
c/o Legal Department
21683 Melrose Ave.
Southfield, MI 48075
Notices sent in accordance with this Section shall be deemed effectively given: (a) when received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent by a nationally recognized overnight courier (receipt requested); (c) on the fifth (5th) day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.