Terms & Conditions

GIVEAWAY TERMS AND CONDITIONS:


ELIGIBILITY
The 2023 BPRO KENNELS Giveaway (“Giveaway”) is open to legal residents of the United States of America (residing therein) with a valid address, who are eighteen (18) years of age or older, subscribe to emails with BPRO Kennels (https://bprokennels.com), and follow BPRO Kennels on Instagram @bpro_kennels (each a “Participant”). Owners, employees, officers, and directors of BPRO Industries, LLC (“Sponsor”), its subsidiaries, retailers, sales representatives, directors, and employees, the immediate family members, and/or those living in the same household of each, are ineligible to enter the
Giveaway. The Giveaway is subject to all applicable federal, state, and local laws and regulations. This Giveaway is void where prohibited by law as determined by the Sponsor in its sole discretion.


RULES
NO PURCHASE NECESSARY to enter this Giveaway – in addition to the eligibility requirements above, any Participant wishing to enter without purchasing will complete and fill out the email subscription form on bprokennels.com. Completing this action affords, along with the eligibility requirements above, 1 entry into the Giveaway. For those who meet the eligibility requirements above and make a dog box purchase during the
month of February 2023 receive 1 additional entry into the Giveaway for the Gun and Hunt option. For those who meet the eligibility requirements above and purchase shirts, hats and/or stickers during the month of February 2023 receive 1 additional entry into the Giveaway for the Custom 2 Hole Dog Box.  There is NO LIMIT on entries per contestant subject to these terms and conditions based upon compliance with the eligibility requirements and purchases made on
the bprokennels.com.  To avoid confusion by way of illustration only, a Participant that follows the eligibility requirements above is automatically afforded one entry into the Giveaway. Thereafter, so long as the Participant remains eligible during the Giveaway term, each subsequent purchase as stated above affords one additional entry. The Giveaway ends when at the conclusion of the month of February 2023.


PRIZE


Giveaway #1
Gun and Hunt:
Browning Maxus II - 12 gauge wicked wing edition (estimated value of $2500)
All expense paid hunt in South Dakota  (estimated value of $1500 – airfare credit provided up to $1,000 and food, lodging and hunt experience $500 value)\


Giveaway #2
Custom 2 Hole Dog Box (estimated value of $4800)

WINNER RULES AND REGULATIONS
The winner will be announced within 14 business days after the end of February. Chances of winning are solely based off the number of Participants during the Giveaway period. The winner will be selected at random using a random number generator. Order of Participants in this giveaway will be numbered as they are received. Once verification of compliance of the Giveaway terms is completed, the winner will be contacted via email and phone that was submitted with their entry (the “Winner”).

The Winner will be required to complete an Affidavit of Eligibility, Liability and/or Publicity Release (unless prohibited by law), and execute any other documents required by Sponsor before receiving the Prize.


The Winner will be responsible for all applicable taxes (which may include federal, state, local and/or other income considerations) and will be required to provide their tax ID for tax reporting purposes as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of a prize awarded and accepted. Failure to provide information within fourteen
(14) days after the Winner announcement will be considered forfeiture of Prize. The Prize cannot be transferred or assigned to a third party by Winner or redeemed for cash and is valid only for the items detailed above as the Prize, with no substitution of prizes by Winner. The Winner is not eligible for any cash rebate programs.


CONTEST PRIZE RESTRICTIONS
Other than the manufacturer’s limited warranty, Sponsor does not make, nor in any manner is responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize including but not limited to its quality, fitness for purpose or mechanical condition. Failure to show the same may result in Prize forfeiture and selection of an alternate winner. Winner will be provided instructions to obtain Prize to be determined by
Sponsor. If any prize is unclaimed within thirty (30) days after notification from Sponsor or if any Prize Winner does not accept the Prize, as determined by Sponsor in their sole discretion, it will be forfeited, and time permitting, an alternate winner may be selected from the remaining eligible entries at Sponsor’s sole discretion using a random number generator. Sponsor reserves
the right to substitute any prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. Depiction of Prize in any advertising or promotional materials may not reflect the actual Prize delivered. Sponsor shall have no liability in conjunction with such differences between depicted Prize and actual Prize.


GENERAL CONDITIONS 
The Sponsor is not responsible for errors of any kind whether human, printing, typographical, or otherwise relating to or in connection with this Giveaway, including, without limitation, errors which may occur in connection with the administration of the giveaway or the announcement of the Prize. Persons who tamper with or abuse any aspect of the Giveaway or who are otherwise in 
violation of these terms and conditions, as solely determined by Sponsor will be disqualified. Participants, by entering, agree that Sponsor will have no liability whatsoever for, and shall be held harmless by Participants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize or participation in this Giveaway. Entry
into the Giveaway constitutes a Participant’s permission for Sponsor and its designees to use the Participant’s name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.


ADDITIONAL TERMS
Sponsor reserves the right to modify or cancel this Promotion at any time. Sponsor is not responsible for: (a) lost, misdirected, late, or incomplete entries or for inaccurate entry information; (b) any operation or transmission error, theft, unauthorized access to, or alteration of, entries; or (c) damage to any computer or device resulting from downloading Promotion materials. Sponsor may disqualify any individual found to be: (i) tampering with the Promotion;
(ii) violating these terms and conditions; or (iii) acting in an unsportsmanlike or disruptive manner or with intent to threaten or harass any person. Incomplete and robotic, automatic, programmed, or similar entries will be disqualified. The authorized subscriber of the account used to enter the Promotion at the actual time of entry will be deemed to be the Participant and must comply with these terms and conditions in the event of a dispute as to entries submitted by
multiple users having the same e-mail account.


RELEASE OF FACEBOOK AND INSTAGRAM
By entering the Giveaway, each Participant forever releases Facebook and Instagram of all claims and/or causes of action, whether in contract or tort, the Participant may have arising out of the Promotion. Each Participant also acknowledges that by entering the Promotion that the Promotion is no way sponsored, endorsed, or administered by, or associated with, Instagram
and/or Facebook.


LIMITATIONS ON LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USEOF THE GIVE AWAY, INCLUDING BUT NOT LIMITED TO, ANY COMPUTER VIRUS, DEFECT, DELAY IN OPERATION OF TRANSMISSION, ERROR, FAILURE OF PERFORMANCE, INTERRUPTION, OMISSION, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE GIVEAWAY, EVEN IF THERE IS NEGLIGENCE BY US
OR BY AN AUTHORIZED REPRESENTATIVE, OR AN AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, TO ACCESS THE SITE.

INDEMNITY
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL ATTORNEYS’ FEES, CLAIMS, COSTS AND EXPENSES, DAMAGES, INJURIES, LIABILITIES, LOSSES, PROCEEDINGS, RELATING TO OR ARISING FROM:
i. YOUR PARTICIPATION OF THE GIVEAWAY, OR ANY PRODUCTS OR
SERVICES OBTAINED ON OR THROUGH THE SITE;
ii. ANY ARRANGEMENTS YOU MAKE BASED ON THE GIVEAWAY;
iii. AND ANY ACTIVITY RELATED TO YOUR USE OF THE GIVEAWAY.

JURISDICTION; COMPLIANCE WITH LAWS
Participant is responsible for compliance with applicable local laws. ANY LEGAL ACTION OR PROCEEDING RELATING TO THE GIVEAWAY SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF UTAH, U.S.A.; YOU AGREE TO SUBMIT TO THE JURISDICTION OF UTAH, AND AGREE THAT VENUE IS PROPER IN UTAH, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

WAIVER
No delay or omission to exercise any right occurring upon any noncompliance on Participant’s part with respect to any of the terms of the Giveaway will impair any such right or power or be construed to be a waiver thereof. Any waiver by Sponsor of any of the agreements, covenants, or conditions to be performed will not be construed to be a waiver of any succeeding breach thereof, or of any covenant, condition or agreement herein contained.


SEVERABILITY
Any of the provisions in this Agreement that are found to be unenforceable or invalid, the remainder of the Agreement shall remain in full force.


NO PARTNERSHIP
Nothing in this Giveaway shall be construed to create a partnership, joint venture, or agency
relationship.


CONTINUED USE DEEMED ACCEPTANCE
Sponsor reserves the right, at its sole discretion, to change, alter, amend, or otherwise modify this Giveaway from time to time. All modifications will be posted and such modifications will become effective immediately upon the posting thereof. After any such modification becomes effective, continued use of the Giveaway constitutes acceptance of and agreement to such modification.


ENTIRE AGREEMENT
This form constitutes the entirety of this Giveaway.