FFPP Terms – BROC SHOT

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FFPP Terms

Broc Shot Firefighter Donation Program

TERMS AND CONDITIONS

 

YOUR PARTICIPATION IN THE DONATION PROGRAM IS SUBJECT TO AND CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.  PARTICIPATION IN THIS PROGRAM IS OPEN TO LEGAL RESIDENTS OF THE UNITED STATES THAT ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF SIGNUP AND MEET THE ELIGIBILITY REQUIREMENTS OUTLINED BELOW. PARTICIPATION IN THE DONATION PROGRAM DOES NOT GUARANTEE RECEIPT OF DONATED BROC SHOT PRODUCT; EACH MONTH’S SUPPLY OF DONATED PRODUCT WILL BE PROVIDED ON A FIRST-COME, FIRST-SERVE BASIS TO ELIGIBLE PROGRAM PARTICIPANTS BASED ON THE DONATION PROCEDURE DESCRIBED HEREIN.  ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.

1. PROGRAM DESCRIPTION:

The Broc Shot Firefighter Donation Program (the “Donation Program”) is offered by Broc Shot, Inc. (“Broc Shot”). The donation component of the Donation Program will start March 1, 2024.  Qualified Product Orders, which are paid orders made on BrocShot.com within a calendar month, will result in Donated Products being made available by Broc Shot in the following calendar month, as described in more detail below.  Qualified Product Orders from February 2024 will result in Donated Products being made available in March 2024.  Qualified Product Orders from March 2024 will result in Donated Products being made available in April 2024, with this pattern repeated from month to month (each month where Donated Products are made available being a separate “Program Month”) through a final Program Month to be determined by Broc Shot in its discretion, subject to Section 6(e) below. The deadline for each Program Month (the “Program Month Deadline”) will be 11:59pm Pacific Time on the last day of the month.  Broc Shot’s method of timekeeping for each Program Month, Broc Shot’s determination of the time of receipt for any Program participation request submitted, Broc Shot’s determination of the number of Qualified Product Orders for a previous month, the resulting Donated Products for any Program Month, and the order of Broc Shot’s receipt of Donation Program participation requests for any Program Month is final and undisputable.

2. ELIGIBILITY:

To be eligible to participate in the Donation Program, you must be: (a) a legal resident of the United States; (b) at least eighteen (18) years of age at the time of entry; (c) actively working as a firefighter at the time of entry; and (d) submit a valid Donation Program participation request by the Program Month Deadline. VOID WHERE PROHIBITED BY LAW. The Donation Program is not open to employees of Broc Shot, or to the immediate family members of, or to any persons domiciled with (whether or not related), any such employees. By participating in the Donation Program, you represent that you satisfy all Program eligibility requirements.

3. HOW TO PARTICIPATE:

You may participate in Donation Program by visiting brocshot.com, visiting the applicable landing page, and following the instructions for a Donation Program participation request on such website. You will need to submit certain information, including the following, by the Program Month Deadline, in order to be eligible to receive donated Broc Shot product for that Program Month:

    • First name 
    • Last name 
    • Email (official, government-issued Department email connected to firefighter work, NOT personal email)
    • Department of employment
    • Fire Station Name
    • Photo or scan of official governmental-issued firefighter ID card
    • Confirmation of acceptance of these Terms and Conditions

LIMIT ONE (1) PROGRAM REQUEST PER PERSON PER PROGRAM MONTH. Any attempt to obtain more than the stated number of Donation Program requests by using multiple/different email addresses, identities, registrations and logins, or any other methods will void such requests and the participant may be disqualified. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. A REQUEST TO PARTICIPATE IN THE DONATION PROGRAM FOR A PARTICULAR PROGRAM MONTH MUST BE RECEIVED BY THE PROGRAM MONTH DEADLINE TO BE ELIGIBLE. No other means of transmission or delivery other than as set forth in this Section 3 will be accepted. Late, incomplete or misdirected Donation Program requests will be declared void and will be ineligible to receive any donated Broc Shot product for the relevant Program Month.  Submission of a Donation Program request does not guarantee that you will receive any donated Broc Shot product for such Program Month; the determination of whether you will receive a donated Broc Shot product will be undertaken as described in Sections 4 and 5 below. 

4. BROC SHOT PRODUCT AVAILABLE THROUGH DONATION PROGRAM: 

Broc Shot will publicize the Donation Program and its nature to the general public.  Any member of the general public will be able to make a purchase of any Broc Shot product (except for accessories and limited edition products) during the calendar month prior to a Program Month.  For each such order that is completed in the month prior to a Program Month (each, a “Qualifying Product Order,” and collectively as to any Program Month, the “Qualifying Product Orders”), Broc Shot will donate a Broc Shot product (each, a “Donated Product,” and collectively, the “Donated Products”) to Program participants, with the Donated Products being provided by Broc Shot on a first-come, first-serve basis to eligible Program participants for the Program Month.  The Donated Product provided to Program participants will consist of a one-month supply of any flavor of a BROC SHOT product.  The approximate retail value of such product is $79.99.

The provision of the Donated Product to an eligible Program participant does not include shipping; all recipients of a Program Product are solely responsible for paying for the cost of shipping as well as any applicable state and local taxes (and must pay for such shipping cost and taxes prior to receiving their Program Product).

5. NUMBER AND DISTRIBUTION OF PROGRAM PRODUCTS:

At the end of a calendar month prior to a Program Month, Broc Shot will calculate the number of Qualified Product Orders for that previous month (such final number of Donated Products for any Program Month being the “Monthly Donated Product Number”).  This will determine the number of Donated Products to be donated by Broc Shot for the Program Month.  After submitting their required information and certifications by the Program Month Deadline, a Program participant will become eligible to receive a Donated Product if their entry is one of the first-received eligible entries within the Monthly Donated Product Number for such Program Month.  

Once you enter such information and your identity is verified, and if you are one of the first-received eligible entries within the Monthly Donated Product Number for a Program Month (becoming a “Donated Product Recipient”), you will receive a one-time code by e-mail that you may click on, which will bring you to an online shopping section.  At check out, you will be prompted to specify how you will pay the cost of shipping for the Donated Product (as well as any applicable state and local taxes).  Donated Products may not be transferred, exchanged, resold, or redeemed for cash (except to the extent required by applicable law) and must be accepted as is, with no exchanges of any kind. All federal, state, and local taxes, as well as any other costs and expenses associated with Donated Product acceptance and use are the Donated Product Recipient’s sole responsibility.

By accepting a Donated Product, a Donated Product Recipient consents to use of their name, address (city and state of residence), voice, and statements relating to the Donation Program or Broc Shot, and photographs or other likeness, without further compensation, notification or permission in any publicity or advertising carried out by Broc Shot or any related entities in any media without territorial or time limitation, except where prohibited by law. This advertising may include, if mutually agreed by Broc Shot and the Donated Product Recipient, the Donated Product Recipient’s participation in a video testimonial.

6. CONDITIONS OF ENTRY:

    1. By entering, you (i) agree to comply with these Terms and Conditions including all eligibility requirements, (ii) warrant that any information you provide in connection with this Donation Program is true and accurate, and (iii) agree to be bound by the decisions of Broc Shot which shall be final and binding in all matters relating to this Donation Program. Entrants who have not complied with these Terms and Conditions are subject to disqualification from the Donation Program and all associated Program participation requests will be void.
    2. Broc Shot reserves the right to disqualify any entrant’s requested participation in the Donation Program (and void all associated requests) or entitlement to a Donated Product, if, in the sole discretion of Broc Shot, Broc Shot determines or suspects that the entrant has attempted to undermine or abuse the legitimate operation of the Donation Program.
    3. If a dispute arises regarding who submitted a Program Request, the entry will be deemed to be submitted by individual whose official Department Identification Card was provided at time of the Program participation request, and that individual must comply with these Terms and Conditions.   
    4. As a condition of participating in the Donation Program, you agree: (i) to release, discharge, and indemnify Broc Shot and its officers, directors, and employees from any and all liability, loss or damage incurred with respect to participating in the Donation Program or the awarding, receipt, possession, and/or use or misuse of a Donated Product; (ii) that under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages (other than for actual out-of-pocket expenses) from Broc Shot; (iii) all causes of action arising out of or connected with this Program or a Donated Product shall be resolved individually, without resort to any form of class action; and (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to receive attorneys’ fees or court costs. Some jurisdictions may not allow certain limitations on damages or the ability to seek damages through a class action, so some of these restrictions may not apply to you. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
    5. Broc Shot reserves the right in its sole discretion to cancel, modify or suspend this Donation Program at any time, with or without notice, for any reason or no reason, including if fraud, technical failures (including any network server or hardware failure), viruses, bugs, errors in programming, or any other causes corrupt the administration, security or integrity of the Donation Program.
    6. Broc Shot does not warrant that access to the Donation Program will be uninterrupted. Broc Shot is not responsible for, and you hereby waive any claim arising from, any problems that may arise, including, without limitation: (i) inaccessible or unavailable networks, websites, or other connection or accessibility problems; (ii) failed, delayed or misdirected communications, including any lost, late, stolen, incomplete, illegible or undelivered entries; (iii) technical malfunctions, printing, clerical, or other errors in connection with the administration of the Donation Program, the determination of the order of eligible Program requests for a Program Month, or the offering or announcement of any Donated Products; (iv) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Donation Program; (v) damage to a user’s system occasioned by participation in the Donation Program; or (vi) any other errors of any kind relating to or in connection with the Donation Program.
    7. BY ENTERING THE DONATION PROGRAM, PARTICIPANTS ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THE DONATION PROGRAM, INCLUDING THE WEBSITES, PROGRAM REQUEST PAGES AND THE DONATED PRODUCTS, ARE PROVIDED “AS IS” AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BROC SHOT DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE DONATED PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE.

7. GENERAL TERMS:

    1. Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of the Donation Program, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should any such an attempt be made, Broc Shot reserves the right to seek remedies and damages (including attorneys’ fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Any entrant engaging in any of the foregoing activities may be disqualified (and his/her entry will be void).
    2. The Donation Program is subject to all applicable federal, state, and local laws. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of a Donation Program participant and Broc Shot in connection with the Donation Program, shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regard to conflicts of law principles. All entrants consent to the jurisdiction and venue of the Federal, state and local courts located in Los Angeles, California.
    3. In the event of any conflict with any Donation Program details contained in these Terms and Conditions and Donation Program details contained in other Donation Program materials (including, without limitation, any point of sale, online or print advertising), the details of the Donation Program as set forth in these Terms and Conditions shall prevail.
    4. The Donation Program is undertaken by Broc Shot. Broc Shot’s employees are not authorized to waive, modify or amend any provision or provisions of these Terms and Conditions in any manner whatsoever. All questions, comments or complaints regarding the Donation Program must be submitted by email to firefighters@brocshot.com.
    5. Personal information collected from entrants will be used by Broc Shot in accordance with its Privacy Policy located at https://brocshot.com/policies/privacy-policy. By submitting an entry in the Donation Program, you agree to be bound by Broc Shot’s Privacy Policy. Personal information may be stored on Broc Shot’s servers, located in the United States.