Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.BlackPowderRedEarth.com. The collective work includes works that are licensed to www.BlackPowderRedEarth.com. Copyright 2005-2023, www.BlackPowderRedEarth.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.BlackPowderRedEarth.com or purchasing www.BlackPowderRedEarth.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.BlackPowderRedEarth.com or to purchase www.BlackPowderRedEarth.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.BlackPowderRedEarth.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.BlackPowderRedEarth.com used in the site are trademarks or registered trademarks of www.BlackPowderRedEarth.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.BlackPowderRedEarth.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.BlackPowderRedEarth.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.BlackPowderRedEarth.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.BlackPowderRedEarth.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.BlackPowderRedEarth.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Shipping/Return Policy
Shipping rates as quoted in any transaction are specific to shipping only. Additional fees levied by delivery couriers and local respective municipalities are not covered in quoted rates. Returns/replacements for products with defects workmanship issues are authorized. Contact us here to arrange a return. Note, refunds granted are for cost of goods and not shipping costs. www.BlackPowderRedEarth.com will absorb shipping costs if a replacement is requested. Echelon accepts returns for other reasons at it's sole discretion.
Typographical Errors
In the event that a www.BlackPowderRedEarth.com product is mistakenly listed at an incorrect price, www.BlackPowderRedEarth.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.BlackPowderRedEarth.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.BlackPowderRedEarth.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.BlackPowderRedEarth.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.BlackPowderRedEarth.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.BlackPowderRedEarth.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.BlackPowderRedEarth.com products) shall be in the state or federal courts located in Manhattan, New York. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.BlackPowderRedEarth.com products) must be commenced within one (1) year after the claim or cause of action arises. www.BlackPowderRedEarth.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.BlackPowderRedEarth.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.BlackPowderRedEarth.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.BlackPowderRedEarth.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.BlackPowderRedEarth.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.BlackPowderRedEarth.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.BlackPowderRedEarth.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.BlackPowderRedEarth.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.BlackPowderRedEarth.com may link to sites operated by third parties. However, even if the third party is affiliated with www.BlackPowderRedEarth.com, www.BlackPowderRedEarth.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.BlackPowderRedEarth.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.BlackPowderRedEarth.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Sweepstakes Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. Eligibility
Echelon Software Sweepstakes (the "Sweepstakes") is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years old at the time of entry. Employees of Echelon Software, Inc. and other companies associated with the promotion of the Sweepstakes, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Sweepstakes is subject to federal, state, and local laws and regulations (certain prizes are void where prohibited by law). The winners of the Echelon Software Sweepstakes must be of legal age in the jurisdiction in which they reside and be eligible to pass background checks and required Federal, State and Local laws in order to take possession of the firearm prize. There is no cash equivalent and no person other than the winning person may take possession of the firearm prize. Failure to comply with all Federal, State and Local laws including but not limited to checks for firearm possession will result in the forfeiture of the prize(s) and another winner will be selected.
2. Sponsor
The Sweepstakes is sponsored by Echelon Software, Inc., located at 1632 1st Ave #25408, New York, NY 10128.
3. Agreement to Official Rules
Participation in the Sweepstakes constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
4. Sweepstakes Period
The Sweepstakes begins on April 04, 2024 at 9AM MST and ends on April 04, 2024 at 9PM MST (the "Sweepstakes Period"). Entries that are submitted before or after the Sweepstakes Period will be disqualified. Submissions will be accepted for the duration of the Sweepstakes using the following method: In Person.
5. How to Enter
In Person: This method of entry will be available by visiting the Haley Strategic 4/4/2024 Open House in collaboration with Black Powder Red Earth, located at 16655 N 90 ST, STE 101, Scottsdale, Arizona 85260.
Limit of (1) entries per person, per prize, per email address, for the duration of the Sweepstakes Period. All entries become the property of Sponsor and will not be acknowledged or returned.
6. Prize Drawing
On or about April 4, 2024 at 9PM MST, the Sponsor will select the potential winner of the prize(s) in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify the potential (1) winner in person at the event, (2) via phone call, and/or (3) electronic message (email) on or about April 4, 2024 at 9PM MST. If the potential winner cannot be contacted within 1 Day (24-Hours) after the date of the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining non-winning, eligible entries. Winner must return any and all paperwork and compliance documentation prior to claiming the prize(s).
7. Winner Notification
The potential winners will be notified in person. Each potential Prize winner (parent/legal guardian if a minor in his/her state of residence) must sign and return a declaration of eligibility and a liability/publicity release and an IRS Form W-9 prior to formally claim the prize. Potential winners must also meet all legal requirements for receipt and ownership of the prize. If a potential winner cannot be contacted or fails to submit the declaration of eligibility and a liability/publicity release and an IRS Form W-9within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits the prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded.
Sponsor will deliver the prize in person. The winner is responsible for meeting all documentation, handling fees or other requirements for receiving the prize. Winner must return any and all paperwork and compliance documentation prior to claiming the prize.
8. Prizes
Winner is solely responsible for any and all costs associated with maintenance and use of the prize(s). Winner of a firearm prize is solely responsible for any and all costs associated with maintenance and use of the prize(s), including but not limited to lower receivers, additional magazines and ammunition, FFL transfer fee, background check, and taxes. As required by law, Sponsor will issue a 1099 Tax Form in the amount of the approximate retail value of the prize (see below) to the winner at the appropriate time. Sponsor will not ship any prizes to an address outside of the United States.
- 11" QRF 2 Prototype Handguard with FDE Cerakote finish and integrated QD Sling interface (the only 11" handguard that will be made by BCM)
- MK2 Upper Receiver with BPRE marking
- 12.5" 5.56 Chrome Lined 11595E Barrel
- 5.56 Surefire Warcomp Flash Hider
- BCM Bolt Carrier Group (BCG)
- BCM Ambidextrous MK2 Charging Handle
TRANSFER OF PRIZE: Transfer of the prize(s), IF falling under the legal definition of 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. By entering this Sweepstakes, you acknowledge that you are not legally prohibited from owning or taking possession of firearms.
9. General Conditions
In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney's fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
10. Release and Limitations of Liability
By participating in the Sweepstakes, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the "Released Parties)" from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Sweepstakes; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Sweepstakes-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the entrant be entitled to receive attorney's fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. Disputes
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Arizona. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of Arizona, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Arizona.
12. Privacy
Information collected from entrants is subject to Sponsor's privacy policy. By entering into the Sweepstakes, you agree that Sponsor may use your personal information for both online and offline direct marketing purposes in accordance with its privacy policy located at
www.blackpowderredearth.com/privacy_policy.php. You may subsequently opt out of receipt of those communications at any time by following the directions in the e-mail or in the privacy policy. Your opt-out status will not affect your participation or chances of winning in these Sweepstakes.
13. Winner List
To request the name of the winner, send a self-addressed, stamped envelope to Echelon Software Inc., at 1632 1st Ave #25408, New York, NY 10128. Winner List requests will only be accepted after the promotion end date (listed above). For the Winner List, you can also send an email to blackpowderredearth@echelon-software.com.