Terms & Conditions
Last Revised: April 28th, 2021
MarksmanReview.Com
Terms and Conditions
ABOUT US
Thank you for choosing to be part of our community. MarksmanReview.com is a Wyoming LLC that produces and broadcasts educational and informational webinars of interest to the Shooting Sports Enthusiast. We do not conduct raffles, gaming, gambling or any other games-of-chance prohibited activity. The only products we sell are logo merchandise and access to educational webinars.
MarksmanReview.com (“{MMR.” “company,” “we,” “us,” or “our”) are used interchangeably to represent this organization throughout this website. Webinar attendees (“you,” “client,” “customer,” ”entrant,” “attendee”) are used interchangeably throughout this website and any direct communication.
PRIVACY POLICY
MMR is committed to protecting your personal information and your right to privacy. We will NEVER sale, share, provide, publish or post your personal information to any 3rd Party (unless required by statutory law). We use encrypted, secure webservers and strictly adhere to all Federal, State and Local regulations and laws regarding your privacy. Our online payment portal fully meets PCI Compliance guidelines.
FEEDBACK
If you have any comments, questions, suggestions, concerns or feedback about our Terms & Conditions, policies, or our practices regarding your use of this website or personal information, please contact us at info@MarksmanReview.com. These Terms & Conditions are effective as of February 20, 2021.
MINIMUM AGE REQUIREMENT
you must be at least 18 years old to participate in our webinars. Free Door Prizes may include regulated items including firearms, optics with a laser, ammunition (ammo), etc. You must be at least the minimum legal age to take possession of regulated items as determined by your location of residence.
REGULATED ITEMS
You must be at least 18 years of age to take possession of a long gun, ammo or certain laser beam emitting optics. You must be at least 21 years old to take possession of a handgun or lower receiver not marked as “rifle” or “shotgun”. You are responsible for knowing and complying with all Federal, State and Local laws and regulatory requirements in your location of residence (note: these vary by location of residence). We do not knowingly allow anyone under the minimum age of 18 to attend our webinars.
ELIGIBILIY & PARTICIPATION
Our webinar broadcasts are open to legal residents of all 50 states, US protectorates and the District of Columbia that are under the jurisdiction of the BATFE unless otherwise prohibited by law. Participation in any webinar constitutes an attendee’s full and unconditional agreement to these Terms & Conditions which are final and binding in all matters related to our webinars, website(s) and Free Door Prize giveaways. An award of any Free Door Prize is contingent upon fulfilling all requirements set forth herein and is not guaranteed.
GUARANTEE & WARRANTY
MMR does not manufacture, advertise, promote or sale any of the items reviewed in our webinars with the possible exception of logo merchandise. MMR does not claim, assert or otherwise provide any warranties, selection, guarantees or otherwise with respect to any Free Door Prize in any webinar. MMR does not guarantee that an attendee will be selected for a Free Door Prize.
FREE DOOR PRIZE SELECTION
All webinar attendees who have purchased a seat(s) are granted access to the webinar which provides educational information regarding a specific product(s). At the end of each webinar, all attendees will be eligible for the Free Door Prize selection and to receive the specific Free Door Prize that was the subject of the webinar. MMR will select the recipient of the Free Door Prize from all eligible attendees in each unique webinar by utilizing a 3rd Party random number generator. The random number generator selects one number that is included in the total number of seats identified and purchased in the specific webinar. Currently, MMR has elected to use a Random Number Generator by GiGAcalculator.com. https://www.gigacalculator.com/calculators/random-number-generator.php which is also accessible on MMR website; free to use. As stated on the GIGAcalculator website, “Our online calculators, converters, randomizers, and content are provided “as is”, free of charge, and without any warranty or guarantee. Each tool is carefully developed and rigorously tested, and our content is well-sourced, but despite our best effort it is possible they contain errors. We are not to be held responsible for any resulting damages from proper or improper use of the service. See our full terms of service”. Copyright © 2017-2021 GIGAcalculator.com
Free Door Prize Delivery
Once all required documents and information has been received (i.e. FFL copy, ship to address, etc.) by MMR, allow 3 business days for shipping notification. Our 3rd Party associates are fully licensed and maintain possession of the Door Prizes until shipped by common carrier (i.e. UPS, FEDEX, USPS).
FREE DOOR PRIZE DISCLAIMER
Images, videos, or other media of any Free Door Prize may not reflect actual size, style, color, or models of the actual Free Door Prize. Total approximate retail value of any Free Door Prize offered is set for each webinar. Free Door Prize value as of the ending date of the specific webinar will be determined in accordance with applicable Federal, State, and Local rules and regulations and relevant other reliable resources for Free Door Prize valuation.
REQUIREMENTS OF ATTENDEES SELECTED
Selected attendees for the Free Door Prize must provide the requested documents and information (i.e. FFL copy, ship to address, etc.) on the attendee selection notification message and agree to all Terms & Conditions in connection therewith within 30 calendar days of the date notice of selection is given. If there is no response from any selected attendee after 30 calendar days, the selected attendee will forfeit the Free Dorr Prize.
VALUE & TAX
Valuation of a Free Door Prize is based on available cost and/or price information provided to MMR by manufacturers, distributors and retailers of the Free Door Prize. The value of a Free Door Price may be reported to the IRS for tax purposes as required by law.
Each selected attendee who is to receive a Free Door Prize with a valuation of at least $600.00 USD must provide MMR with a valid mailing address and taxpayer identification number, social security number or a tax resale certificate copy before any applicable Free Door Prize will be shipped. Each selected attendee is solely responsible for reporting and paying all applicable taxes, registration, or other expenses related to transfer of the Free Door Prize to the selected attendee. Free Door Prizes are not transferable, assignable, redeemable for cash or exchangeable for any other product. Selected attendees may receive an IRS form 1099-MISC for the applicable calendar year and a copy of said form may be provided to the IRS as required by statute.
General Conditions
MMR expressly reserves the right to and with sole discretion:
a. cancel, suspend, terminate, and/or otherwise modify any webinar, or any part thereof, if any fraud or technical failure or any other causes or events corrupt or impair the administration, security, fairness, integrity, or proper functioning of the webinar, as determined by MMR in its sole discretion, and
b. in the event any webinar is so cancelled, suspended, terminated or otherwise modified such that Free Door Prizes are no longer available to attendees, Free Door Prize alternatives will be given away in a random drawing from the eligible Seat(s) received prior to the webinar requiring such action.
MMR further reserves the absolute right in our sole discretion to disqualify any individual found to be tampering with the entry process or the operation of any webinar or to be acting in violation of these Terms & Conditions, or any further terms specific to any webinar or Free Door Prize selected attendee thereof, or any other webinar or in an unsportsmanlike, threatening or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of any webinar may be a violation of criminal and civil law in addition to, and independent of any, violation of these Terms & Conditions, and should such an attempt be made, MMR reserves the right to seek damages from any such person to the fullest extent permitted by law. MMR’s failure to enforce any of these Terms & Conditions, or any further terms specific for any webinar or Free Door Prize thereof, shall not constitute a waiver of that rule.
Use of any automated entry system to participate in registering for a webinar is prohibited and will result in disqualification of the attendee utilizing the before mentioned system.
MMR is not responsible for printing or typographical errors, incorrect or inaccurate registration information, lost, late, incomplete, invalid, unintelligible, incomplete, or misdirected registrations, all of which will constitute a disqualification of the attendee. All entries become the sole and exclusive property of MMR and will not be sold, shared or published. MMR reserves the right to contact webinar registrants and all other individuals whose email address is submitted as part of any webinar. Webinars may be offered in different broadcasts by MMR. Except where prohibited or explicitly described all Free Door Prizes provided will be new, in original condition unless otherwise stated, and are provided “as is” with a manufacturer’s new product warranty.
RELEASE & LIMITS OF LIABILITY
By registering for MMR webinars and/or participating in any of our broadcasts, each registered attendee hereby, on behalf of themselves, their executors, heirs, and assigns, agrees to:
a. comply with and be bound by these Terms & Conditions and any further conditions with respect to any specific products reviewed in webinars, and the decisions of MMR, which are binding and final in all matters relating to any webinar or Free Door Prize;
b. indemnify, defend, and hold harmless MMR and all Released Parties from and against any and all claims, expenses, and liabilities (including all attorneys fees) arising out of or relating to an attendee’s participation in the webinar and/or their acceptance, use or misuse of Free Door Prize, including as set forth hereinabove; and
c. release, indemnify, and hold harmless MMR, the Free Door Prize suppliers, and any other organizations or individuals responsible for fulfilling, administering, advertising, or promoting the webinar, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all expenses, liability, and/or claims of actions of any kind, whatsoever for injuries, damages, and/or losses of any kind to persons or property, including, but not limited to, negligence and damages caused by any disclosure of private facts, false light in the public eye, or any other legal theory, defamation, slander, libel, violation of right of publicity, infringement of trademark, patent, copyright, or other intellectual property rights, property damage, death, or personal injury sustained in connection with, arising out of, and/or relating to:
i. the conduct, promotion, or outcome of any webinar, including, but not limited to, an attendee’s entry, purchase of a seat, submission of a seat, and/or participation in any webinar;
ii. the receipt, acceptance, ownership, use, or misuse of any Free Door Prize (including any travel or activity related thereto) and/or the broadcast, exploitation, or use of entry or Free Door Prizes; and
iii. the preparation for participation in or traveling to and/or from any free Door Prize related activity in connection with the webinar or otherwise.
Under no circumstances will MMR or the Released Parties be liable for punitive, incidental, consequential, or any other damages. The Released Parties are not responsible for:
1. any incorrect or inaccurate information, whether caused by entrants, production errors or any of the equipment or programming associated with or utilized in any webinar;
2. technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in power service, phone reception or network hardware or software;
3. unauthorized human intervention in any part of the entry process or any webinar; or
4. technical or human error which may occur in the administration of any webinar or the processing of a seat purchase or an award of any Free Door Prize.
No more than the stated number of Free Door Prizes will be awarded. In event that production, technical, seeding, programming, or any other reasons cause more than the stated number of Free Door Prizes as set forth in any webinar to be available and/or claimed, MMR reserves the right to award only the stated number of Free Door Prizes by a random drawing among all legitimate, unawarded eligible Free Door Prizes claims.
Any webinar attendee receiving any Free Door Prize guarantees that they are eligible to receive said Free Door Prize and are not otherwise prohibited from possession, custody, and/or control of the specific Free Door Prize, such as by legal limitation(s). If any webinar attendee is so prohibited, that entrant will be disqualified for any specific webinar which is in violation of said limitation(s). Further, any attempts to bypass such limitation(s) by registering as another person or by a non-prohibited person knowingly giving any Free Door Prize to a prohibited person will result in the voiding of all entries of said attendee, including any otherwise valid seat purchases, and disqualification of all persons involved from the webinar and any of the MMR’s other webinars, both past and future.
MMR does not make any representation, guarantee or warranties with respect to the accuracy, suitability, applicability, fitness or completeness of the webinar content. The webinar content has been made available for educational and informational purposes. The information contained in the webinars posted represents the views and opinions of the original creator of such webinar content. MMR is not responsible, nor can it be held liable for, any information in the webinars. Company hereby expressly disclaims any and all liability to the same extent noted above, including to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the webinar content, which is provided as is, and without warranty.
DISPUTES & COMPLAINTS
By using our website and engaging with the webinars, you expressly agree that:
1. any and all disputes, claims and causes of action arising out of, or connected with, any webinar, or any Free Door Prize awarded, other than those concerning the administration of the webinar or the determination of selected attendee, shall be resolved individually, without resort to any form of class action;
2. any and all disputes, claims, and/or causes of action not expressly disclaimed herein which arise out of, or are connected with, any webinar, or any Free Door Prize awarded, shall be resolved exclusively by the State or Federal courts located in or for Sheridan County, Wyoming;
3. any and all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms & Conditions, or such further terms specific to any webinars, or the rights and obligations of the attendee or MMR in connection with any webinar, shall be governed by, and construed in accordance with, the laws of the State of Wyoming;
4. under no circumstances will attendee be permitted to obtain awards for, and attendee hereby expressly waives all rights to claim, any punitive, incidental, legal fees, attorney fees and/or consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, except where any applicable jurisdiction prohibits by law the foregoing limitations or exclusions of liability for incidental and/or consequential damages.
Each party hereby waives and covenants not to assert any claim that is not subject to personal jurisdiction in those courts or that venue in those courts is for any reason improper, inconvenient, prejudicial, or otherwise inappropriate (including, without limitation, any claim under the judicial doctrine of forum non conveniens).
You can submit a complaint with us about any breach of our Terms & Conditions at the email address below. If you have any questions about our Terms & Conditions, please contact us.
Support@MarksmanReview.Com
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