Official Rules of the GunCritic.com Giveaway
No purchase or payment is necessary to enter or win the Guncritic.com Refer-to-Win Giveaway. A purchase or payment of any kind will not increase your chances of winning.
By entering and participating in the GunCritic.com Giveaway (“Giveaway”) each participant accepts and agrees to these Official Rules which are binding and final in all respects. Sponsors of the Giveaway reserve the right to refuse any winner of a given prize. This includes, but is not limited to, the prize’s legal status as defined in any and all state and local laws applicable to the winner.
Giveaway Description
GunCritic.com is sponsoring the Giveaway, which offers the prize of one of one (1) SIG Sauer P320-XMacro and Holosun HS 507K X2 optic, referred to herein as the “firearm prize” or the “prize,” during the Giveaway Period (as defined below). One prize winner will be selected in a random drawing conducted by the Sponsor from all eligible entries submitted during the Giveaway Period. See “Timing and How to Enter” for details. The approximate retail value of the firearm prize offered in the Giveaway is $1260 as listed in the prize description on www.BudsGunShop.com throughout the Giveaway Period. The odds of winning the Giveaway depend on the number of eligible entries received in the Giveaway drawing.
Eligibility
The Giveaway is open only to legal residents of the forty-eight (48) continental United States (except as otherwise stated in these Rules), and the District of Columbia, 21 years of age or older at time of entry and legally eligible to own and possess a firearm. Sponsors of the Giveaway reserve the right to refuse any winner of a given prize. This includes, but is not limited to, the prize’s legal status as defined in any and all state and local laws applicable to the winner.
Timing and How to Enter
The Giveaway period begins on April 24, 2023, at 12:00 a.m. EST and ends on May 24, 2023, at 11:59 p.m. EST (the “Giveaway Period”). Each eligible participant’s entry (or entries) properly completed and received during the Giveaway Period will be placed into the Giveaway drawing. During the Giveaway Period, there is one (1) way to enter:
Sponsors are not responsible for any incomplete, late, lost, misappropriated, illegible, damaged, or misdirected entries, or for failure to receive online entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning or unavailability of any network, platform, hardware or software, whether originating with sender or Sponsor.
Winner Selection and Notification
The winner of the Guncritic.com Giveaway will be selected in a random drawing, conducted by the Sponsor on May 25, 2023, from among all eligible entries received by Sponsor during the Giveaway Period.
The winner of the Giveaway will be notified by Sponsor by phone and/or email at the phone number and email address provided on the entry form within 1 – 2 business days after the random drawing. In addition, the winner’s name will appear in the winner’s list available on www.Gunciritc.com/Giveaway after the drawing. Once Sponsor makes an effort to contact a winning participant, the winner must communicate with Sponsor promptly or forfeit the firearm prize, as described below. Sponsor is not responsible if a potential winner notification is not received for any reason or returned as undeliverable. For instance, Sponsor is not responsible if a potential winner does not receive his or her winner notification because inaccurate email or telephone contact information was provided at the time of entry or such information is not current at the time of drawing. If a potential winner cannot be contacted, or fails to reply to the notification email and/or phone message as instructed within fifteen (15) days of Sponsor’s original notification attempt, he/she automatically forfeits the firearm prize. In addition, a winner may decline the firearm prize for any reason and the prize will be forfeited. In the event of any forfeiture, Sponsor may select a new winner following the random drawing process.
Requirements of the Winner
Upon Sponsor’s confirmation of contact, a potential winner is subject to verification by Sponsor whose decisions are final and binding in all matters related to the Giveaway. A participant is not a winner of the firearm prize, even if participant receives notification saying he or she won, unless and until participant’s eligibility and compliance with these rules, as well as applicable laws, have been verified and participant has been notified that verification is complete. The Giveaway winner must pass appropriate background check(s), and comply with applicable federal, state and local laws in order to take possession of the firearm prize. Only the winning participant may take possession of the firearm. Transfer of the firearm prize shall be conducted through a firearms dealer that holds a valid federal firearms license (FFL), in strict compliance with all applicable federal, state and local laws. At any time prior to fulfillment of the prize, if the winner (i) fails to submit to any required background check(s) for firearm possession, (ii) is barred from obtaining or using a firearm, or (iii) otherwise fails to comply with applicable laws or regulations, the winning participant will be declared ineligible and the firearm prize will be forfeited. Another winner will be selected to receive the firearm prize, as described above. By entering the Giveaway, you acknowledge that you are not legally prohibited from owning or taking possession of a firearm.
By accepting the Giveaway prize, the winner agrees to the use of his or her name in the official, publicly available, list of Giveaway winners, and in certain publicity and advertising of the Sponsor, without compensation, as described in “Personal Information/Privacy” below.
Firearm Prize Details
The Giveaway firearm prize is one (1) SIG Sauer P365-XMacro pistol with Holosun HS 507K X2 optic. Further prize description is provided at [link]. The winner of the firearm prize is responsible for all expenses (other than shipping) associated with the prize, including, without limitation, all federal, state and local taxes. The prize is not transferable or assignable and may not be exchanged for cash value. No substitution of the firearm prize for cash or other goods and services will be made except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed firearm prize for one of approximate equal value for any reason.
THE FIREARM PRIZE IS GIVEN AWAY BY SPONSOR “AS IS.” SPONSOR DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING WITHOUT LIMITATION ANY IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT) WITH REGARD TO THE FIREARM PRIZE.
Limitations of Liability and Release
By participating in the Giveaway, each participant agrees to release, hold harmless and indemnify Sponsor, its affiliates, directors, officers, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from and against any and all claims, actions, proceedings, and liability for any damages, expenses, fees, injury or losses sustained in connection with entrant’s participation in the Giveaway or receipt of a firearm prize. Sponsor is not responsible for and assumes no liability for (1) damage caused to participant’s or any other person/entity’s computer hardware, software or communications network, regardless of cause; (2) any incorrect or inaccurate information, whether caused by participant, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (3) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4) unauthorized human intervention in any part of the entry process or the Giveaway; and (5) technical or human error which may occur in the administration of a Giveaway or the processing of entries. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to a particular participant. Sponsor expressly assumes no responsibility for the possession, handling or use of a firearm prize won through the Giveaway. The winner is responsible for the proper safe handling, use, and storage of a firearm prize, which includes obtaining proper instruction for the safe use and handling of the firearm. BY RECEIPT OF ANY FIREARM PRIZE, THE WINNER ASSUMES SOLE LIABILITY FOR, AND AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY 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, AND RELATED DAMAGES, OBLIGATIONS, LOSSES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY FEES), ARISING OUT OF OR CLAIMED TO BE CAUSED BY PARTICIPATING IN THE GIVEAWAY OR THE ACCEPTANCE, POSSESSION, LOSS, USE OR MISUSE OF ANY FIREARM PRIZE.
Additional Terms
The Sponsor reserves the right to cancel, suspend and/or modify the Giveaway for any reason or no reason. Additionally, the Guncritic.com Giveaway may be cancelled, suspended and/or modified due to fraud, technical failures, computer virus, bug, tampering, force majeure (as defined below) or any other factor impairs the integrity or proper functioning of the promotion, as determined by Sponsor, in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine a winner from among all non-suspect, eligible entries received up to time of such action. Notice of such action will be posted on [name of website to be used]. The term ‘force majeure’ refers to any of the following events and/or circumstances: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. Subject to applicable law, Sponsor can modify these Official Rules in any way at any time, provided Sponsor gives reasonable notice.
Sponsor reserves the right to disqualify any entry from the Giveaway if in its sole judgment participant has not complied with these Official Rules. Without limitation, an entry will be disqualified, at the sole discretion of Sponsor, if participant (i) attempts to tamper with the entry process or enter the Giveaway through any means other than as described in these Official Rules; (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Giveaway or circumvent the terms and conditions of these Official Rules. Use of any automated system to participate is prohibited and will result in disqualification. In the event of any fraudulent conduct, Sponsor expressly retains the right to pursue all available legal remedies against a participant under applicable law.
Except as otherwise provided in these Official Rules, use of the website www.GunCritic.com is subject to the terms and conditions set forth in the Terms of Use.
Personal Information/Privacy
Sponsor respects the privacy of all participants. Except for use of the name and town of a winning participant, as described below, Sponsor will not sell, share or disclose identifying personal information of any participant to a third party without the participant’s consent or unless required by applicable law.
By entering a Giveaway, each participant agrees and grants Sponsor and/or its agents the right to use, in the event that participant is selected as the winner, the participant’s first and/or last name and town and state of residence on Sponsor’s website or affiliated websites and in any and all publicity and advertising for Sponsor, without any further attribution, notification or compensation to the winning participant (except if the participant is a resident of Tennessee or resides in a jurisdiction where such use is prohibited by law). In any event, the winner agrees that the Sponsor may include his or her name and town and state of residence in the list of Giveaway winners available on www.Guncritic.com/Giveaway or by mail as set forth below. With the exception of the Giveaway winners list, Sponsor shall have no obligation (express or implied) to use any information about a winning participant in any manner described herein, and no participant shall be entitled to any damages or other relief by reason of Sponsor’s use or non-use of any such information.
A participant may from time to time receive information directly from Sponsor if the participant affirmatively indicates that he or she would like to be notified of future Giveaways and special promotions from Guncritic.com. A participant may unsubscribe from such emails at any time upon request. Instructions for unsubscribing may be found in the email from www.Guncritic.com. Except as otherwise stated in these Official Rules, personal information collected from participants is subject to Sponsor’s Privacy Policy.
Governing Law and Dispute Resolution
These Official Rules and all matters relating to the Giveaway are governed by and shall be construed in accordance with the laws of the State of Alabama without giving effect to any choice of law or conflict of law rules (whether of Alabama or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Alabama. Each participant agrees that venue for any litigation arising out of or related to this Giveaway or these Official Rules shall be in state or federal court located in Montgomery, Alabama, and hereby consents to the jurisdiction of same. If there is a dispute regarding the identity of a participant, the entry will be deemed submitted by the person in whose name the submitting email account is registered. 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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein.