Terms + Conditions
By using, accessing, or purchasing from this website (“Site”), which is owned and operated by JerkyXP, Inc. (herein referred to as “JerkyXP” or “JXP™”), you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. JerkyXP™ reserves the right to revise these Terms at any time by updating this posting. Please read and review these Terms periodically. As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site via a browser. We reserve the right to revise the products and services available on the Site and to impose rules for and limits on use of the Site or to restrict your access to part, or all, of the Site without notice. We reserve the right to revoke your access at any time for any reason, including as a result of a violation of these Terms, without notice.
JerkyXP™ reserves the right to change these terms & conditions of use at any time without notice.
By accessing or using any part of the site, you accept these terms, without limitation or qualification. You may not use any portion of the site if you do not agree with all of the terms set forth below. Price information found on this site is subject to change without notice.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Use of the Website
We give you permission to access and use the Site for your personal use, and to copy, distribute, and transmit the content of this Site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Site for your personal use. No mechanized or other systematic process for harvesting information from this Site for any purpose, including without limitation, any commercial purpose, is permitted. 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 in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site. This restriction means, among other things, that you may not mirror on your own website any portion of this Site or display through your own website any results pages or other information from this Site without express written permission. For the avoidance of doubt, you acknowledge and agree that your access to and use of the Site does not give you any right to use the name, likeness, image, signature, biographical information or any other rights of publicity or intellectual property of our celebrity spokespersons found on the Site.
We reserve the right to change any information, features and functions of the Site without prior notice. We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and JerkyXP™ has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to your whether or not such access to and use of the this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify JerkyXP™ of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
You may receive emails regarding your account or promotions for special offers, including third party offers.
Registration and Membership
Monthly crates shipped to your address at the price listed. You may receive emails regarding your account or promotions for special offers, including third party offers. You may change your email preferences at any time in your account settings. You can cancel your membership anytime by using the cancellation button located in your user account. Please refer to the Help Center for further details.
Billing and Payments
As a Member, you agree to the following benefits and Terms:
YOUR SUBSCRIPTION CONTRACT
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION. YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN-CURRENT SUBSCRIPTION RATE. TO CANCEL YOUR SUBSCRIPTION AT ANY TIME, YOU MUST DO ONE OF THE FOLLOWING AT LEAST 48 HOURS PRIOR TO YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: UPDATE YOUR USER ACCOUNT AT JERKYXP.COM, EMAIL SUPPORT AT JACK@JERKYXP.COM, OR MAIL US AT JERKYXP™, 2671 Youngstown Road, Warren, OH 44484. ALL SUBSCRIPTIONS THAT ARE STARTED BETWEEN THE 6TH AND THE 19TH OF ANY GIVEN MONTH WILL AUTOMATICALLY HAVE THEIR RENEWAL DATE MOVED TO THE 5TH OF THE FOLLOWING SUBSCRIPTION PERIOD. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION TERM. JERKYXP™ MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE 48-HOUR NOTICE REQUIREMENT.
IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME. RETURNS WITH THE REQUEST OF A REFUND WILL BE REFUNDED THE PAID FOR SUBSCRIPTION COST MINUS THE SHIPPING AND IS AT THE DISCRETION OF CUSTOMER SUPPORT. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss or damage for such merchandise will pass to you upon our delivery to the carrier. All missing or damaged shipments or items must be reported within 30 days of shipping to qualify for a replacement or refund based on product availability. If the product is available, a replacement will be shipped and a refund will not be issued or considered. Damaged items must be reported and include a photo in the ticket submission. Damaged items will be reviewed by the support agent and a replacement will be issued only for damaged products and does not cover or include packaging of said item. Blemishes to packaging will not be considered as part of a damaged item. All refunds will be at the discretion of customer support.
The technology underlying, and the entire content included in, the 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 JerkyXP™ and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to JerkyXP™. Copyright 2014, 2015 JerkyXP. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
All trademarks, service marks, and trade names of JerkyXP™ on the Site are trademarks or registered trademarks of JerkyXP™, or of their respective owners.
User Generated Content
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant JerkyXP™ a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of JerkyXP™. You acknowledge and agree that you are solely responsible for all the user data that you make available through JerkyXP™. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant JerkyXP™ the required rights to disseminate any user data, (2) neither your data nor your posting, uploading, publication, submission or transmittal of this data or JerkyXP™ use of your uploaded data (or any portion thereof) on, through or by the means of JerkyXP™ will infringe, misappropriate or violate a third partys’ patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.
Except as otherwise specifically provided, the site and the products offered on the site are provided on as “as is” and “as available” basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, JerkyXP™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. JerkyXP™ does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. JerkyXP™ does not make any warrantees or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Neither JerkyXP™ nor its sponsors, partners, or spokespersons shall be liable for any indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site or materials on or provided through the site, even if JerkyXP™ has been advised of the possibility of such damages. In no event will JerkyXP’s™ liability to you exceed the amounts that you paid to JerkyXP™ in connection with your JerkyXP™ membership. 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.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, JerkyXP™ shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. JerkyXP™ shall have 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 canceled, JerkyXP™ shall immediately issue a credit to your credit card account in the amount of the charge.
JerkyXP™ has no liability on injury or damage caused by products within the crate. Solely responsible by brand or manufacturer.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by JerkyXP™ without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.
EITHER YOU OR JERKYXP™ (THE “COMPANY”) MAY, WITHOUT THE OTHER’S CONSENT, ELECT MANDATORY, BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, PROCEEDING, OR CONTROVERSY BETWEEN YOU AND THE COMPANY NO MATTER WHAT THE LEGAL THEORY (CONTRACT, TORT, INTENTIONAL TORT, FRAUD, AGENCY, NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCES OF LAW) OR REMEDY SOUGHT (DAMAGES, INJUNCTION, FINES, PENALTIES, OR OTHERWISE) (“CLAIMS”). “CLAIMS” INCLUDE DISPUTES OVER THE APPLICATION, ENFORCEABILITY, OR INTERPRETATION OF THIS ARBITRATION PROVISION. ALTERNATIVELY, CLAIMS MAY BE BROUGHT IN SMALL CLAIMS COURT WHERE APPLICABLE. CLAIMS MUST BE BROUGHT IN YOUR AND THE COMPANY’S NAMES ONLY AND NOT ON ANY CLASS ACTION, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. NO ARBITRATOR OR COURT WILL BE ABLE TO CONSOLIDATE MULTIPLE PARTIES’ CLAIMS OR AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ACTION. YOU AGREE TO USE YOUR BEST EFFORTS NOT TO ALLOW ANY OTHER PERSON TO BRING ANY CLAIM OR SEEK ANY RECOVERY IN YOUR NAME. CLAIMS WILL BE GOVERNED BY THE LAW OF THE STATE OF OHIO, EXCEPT THAT ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR BE FOREVER BARRED.
IF YOU BELIEVE YOU HAVE A CLAIM YOU MUST NOTIFY THE COMPANY (WITHIN ONE YEAR OF THE CLAIM ACCRUING) BY COMPLETING THE FORM AT HTTPS://HELP.JERKYXPCOM. THE COMPANY MAY THEN OFFER TO SETTLE YOUR CLAIM. IN THE EVENT OF ARBITRATION THE COMPANY WILL REIMBURSE ALL ADMINISTRATIVE, FILING, AND ARBITRATOR COSTS FOR NON-FRIVOLOUS CLAIMS. (IF THE ARBITRATOR DETERMINES THE ARBITRATION IS FRIVOLOUS, THE ARBITRATOR MAY REQUIRE THE CLAIMANT TO PAY ALL SUCH COSTS). IF A CLAIM IS FOR $10,000 OR LESS, YOU MAY ELECT, SUBJECT TO THE CONSENT OF THE ARBITRATOR, WHETHER TO HAVE THE ARBITRATION CONDUCTED IN THE COUNTY IN WHICH YOU RESIDE, THE COUNTY IN WHICH YOU ARE BILLED, BY TELEPHONE, OR ONLY BY WRITTEN SUBMISSIONS. IN THE EVENT YOU RECEIVE AN ARBITRATION AWARD GREATER THAN THE COMPANY’S LAST SETTLEMENT OFFER THE COMPANY WILL PAY YOU EITHER YOUR AWARD, OR $250, WHICHEVER IS GREATER. HOWEVER, IF YOU RECEIVE AN AWARD LESS THAN OR EQUAL TO THE COMPANY’S LAST SETTLEMENT OFFER THE ARBITRATOR MAY CONSIDER THAT FACT IN DETERMINING WHETHER THE ARBITRATION WAS FRIVOLOUS.
YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO JERKYXP™, P.O. Box 339. MADISON, OH 43507, ATTN: MAX, WITHIN 60 DAYS OF YOUR PURCHASE. BY NOT OPTING OUT YOU ARE WAIVING THE RIGHT TO CLAIM RESOLUTION BY COURT OR JURY, OTHER THAN SMALL CLAIMS COURT IF AVAILABLE IN YOUR JURISDICTION, AND YOU ARE ALSO AGREEING NOT PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. ANY PORTION OF THIS ARBITRATION AGREEMENT THAT IS HELD LEGALLY UNENFORCEABLE IS SEVERABLE AND THE REMAINDER WILL BE ENFORCED. THIS ARBITRATION AGREEMENT IS TO BE INTERPRETED UNDER THE FEDERAL ARBITRATION ACT.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet is taxable.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. Any subscriptions under an incorrect plan will be canceled and any applicable charges refunded without notice to the subscriber.
JerkyXP™ may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.
Use of Site
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
You agree to indemnify, defend, and hold harmless JerkyXP™, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links: In an attempt to provide increased value to our visitors, JerkyXP™ may link to sites operated by third parties. However, JerkyXP™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of JerkyXP™. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, JerkyXP™ seeks to protect the integrity of its 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).
Miscellaneous: Your use of the Site is governed in all respects by the laws of the state of Ohio, USA, without regard to choice of law provisions, except to the extent that federal law applies. These Terms evidences a transaction involving interstate commerce, and the United States Arbitration Act shall apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms or your use of the Site and JerkyXP’s™ services must be asserted individually in binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms including, but not limited to, any claim that all or any part of these Terms is void or voidable. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have in any manner violated or threatened to violate our intellectual property rights, you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction. Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Columbus Ohio, if the claim and the parties are within the jurisdiction of the small claims court. By agreeing to these Terms, you hereby irrevocably waive any right you may have to a court trial (other than small claims court) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding filed against us and/or related third parties. You acknowledge that this means that you may not have access to a court or jury.Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or is barred forever. Failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms constitute the entire agreement between you and JerkyXP™ with regard to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. JerkyXP™ may assign its rights and duties under this Agreement to any party at any time without notice to you.
JerkyXP™ Jack’s Team or Friend Buy
Qualified Referral. A Qualified Referral is defined as a purchase made at www.jerkyxp.com by a person (a “Referred Customer”) who arrives to our website by clicking your Friend Buy program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person. The Referred Customer must have a different email address, along with different billing and shipping information from the Referrer.
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $20 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
Reward Payments. Rewards are payable in increments of $5 unless explicitly noted. There is no maximum Qualified Referrals that can be earned per calendar. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. JerkyXP’s™ Jack’s Team Program cannot be used by businesses for affiliate lead generation as determined in JerkyXP’s™ sole discretion.
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from JerkyXP’s™ Jack’s Team program.
Right to Close Accounts. JerkyXP’s™ reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the JerkyXP™ Jack’s Team or Friend Buy program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. JerkyXP™ reserves the right to cancel the Jack’s Team or Friend Buy Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
JerkyXP™ XpansionPack Sweepstakes
SPONSOR. JerkyXP™ XpansionPack (the “Sweepstakes”) is sponsored by JerkyXP, Inc. (“JerkyXP”), 2671 Youngstown Road, Warren, Ohio 44484.
ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
Sweepstakes open to permanent, legal residents of Australia, Canada, Denmark, Finland, France, Germany, Ireland, Netherlands, Norway, New Zealand, Sweden, United Kingdom, and the United States who are eighteen (18) years of age or older at the time of entry. Officers, directors, agents and employees of Sponsor, subsidiaries, affiliates and advertising and promotion agencies, and any other entity involved in the development or administration of this Sweepstakes, and members of their immediate families (spouses, parents, children, and siblings and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to enter or win the Sweepstakes. All applicable federal, state, and local laws and regulations apply. Void where prohibited. Sweepstakes begins on the 1st of the month at 12:01 a.m. PST, and ends at 11:59 p.m. EST on the last day of the month. The contest continues every month. (the “Sweepstakes Period”).
HOW TO ENTER. Entry as a JerkyXP™ Subscriber:
To enter the Sweepstakes as a JerkyXP™ subscriber, no action is necessary as long as the account is currently paid and active. If there is a dispute as to the identity of an entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
To Enter by Mail: To enter the Sweepstakes by mail, hand print your first and last name, street address, city, state/province, zip/postal code, country, daytime telephone number, e-mail address, and verify age eligibility on a 3″x5″ card or postcard, and mail your completed card with the above stated required information to: “JerkyXP™ Xpansion Pack,” JerkyXP, LLC., 2671 Youngstown Road, Warren Ohio 44484
By correctly completing any of the foregoing, you will receive one (1) entry into the Sweepstakes subject to the terms of these Official Rules. Limit one (1) entry per person, household address and/or unique email address during the Sweepstakes Period, regardless of the method(s) of entry. Any entries received in excess of this maximum will be disqualified. ALL MAIL-IN ENTRIES MUST BE POSTMARKED BY THE 25th of the month TO BE ELIGIBLE FOR THE SWEEPSTAKES.
WINNER SELECTION AND NOTIFICATION.
Beginning on or about the 1st of the month one (1) winner will be randomly generated and chosen by Sponsor from among all eligible entries. Sponsor will make at least two (2) attempts to notify each potential winner via email address submitted at the time of entry. Each potential winner may be required to execute and return an affidavit of eligibility, release of liability, an IRS W-9 form, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within thirty (30) days of accepting the prize. Noncompliance within this time period will result in disqualification, and, time permitting, an alternate potential winner(s) may be selected from the remaining eligible entries. If a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected from the remaining eligible entries received. Odds of winning depend upon the total number of eligible entries received. Once all required Sweepstakes Documents have been correctly completed and received from a potential winner, per these Official Rules, the potential winner shall be an official “Prize Winner” of the Contest. Prizes are not transferable, assignable, or redeemable for cash. No substitution for a prize (or parts thereof) by a Prize Winner will be allowed. If necessary, due to unavailability for any reason, a comparable prize will be awarded at the sole discretion of the Sponsor. All Federal, state and local tax liabilities related to the value of the prize awarded are the responsibility of the Prize Winners.
One (1) Grand Prize will be awarded. Grand Prize winner will receive one (1) Xpansion Pack prize pack comprised of gaming accessories, collectibles, apparel, limited edition items and other gear as selected by the Sponsor and published online and via newsletter every month.
All entries become the property of Sponsor and will not be acknowledged or returned. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, photograph, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators: (a) to release and hold harmless Sponsor, all prize providers, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, and any other person or entity involved in the development or administration of the Sweepstakes, and each of their respective directors, officers, employees and assigns (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by prize suppliers that are sent along with any prize; (c) if selected as a winner, to the posting of such entrant’s name on Facebook , Twitter and/or www.jerkyxp.com, and the use by Released Parties of such name, and entrant’s voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all decisions of Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes.
Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select a winner or winners, in its sole discretion, in a random drawing(s) from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.jerkyxp.com. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: THE SWEEPSTAKE IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN COLUMBUS, OHIO. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR OF SPONSOR’S SOLE CHOICE. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
DISPUTE RESOLUTION: EITHER YOU OR JERKYXP™ (THE “COMPANY”) MAY, WITHOUT THE OTHER’S CONSENT, ELECT MANDATORY, BINDING ARBITRATION FOR ANY CLAIM, DISPUTE, PROCEEDING, OR CONTROVERSY BETWEEN YOU AND THE COMPANY NO MATTER WHAT THE LEGAL THEORY (CONTRACT, TORT, INTENTIONAL TORT, FRAUD, AGENCY, NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCES OF LAW) OR REMEDY SOUGHT (DAMAGES, INJUNCTION, FINES, PENALTIES, OR OTHERWISE) (“CLAIMS”). “CLAIMS” INCLUDE DISPUTES OVER THE APPLICATION, ENFORCEABILITY, OR INTERPRETATION OF THIS ARBITRATION PROVISION. ALTERNATIVELY, CLAIMS MAY BE BROUGHT IN SMALL CLAIMS COURT WHERE APPLICABLE. CLAIMS MUST BE BROUGHT IN YOUR AND THE COMPANY’S NAMES ONLY AND NOT ON ANY CLASS ACTION, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. NO ARBITRATOR OR COURT WILL BE ABLE TO CONSOLIDATE MULTIPLE PARTIES’ CLAIMS OR AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ACTION. YOU AGREE TO USE YOUR BEST EFFORTS NOT TO ALLOW ANY OTHER PERSON TO BRING ANY CLAIM OR SEEK ANY RECOVERY IN YOUR NAME. CLAIMS WILL BE GOVERNED BY THE LAW OF THE STATE OF OHIO, EXCEPT THAT ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE OR BE FOREVER BARRED.
IF YOU BELIEVE YOU HAVE A CLAIM YOU MUST NOTIFY THE COMPANY (WITHIN ONE YEAR OF THE CLAIM ACCRUING) BY COMPLETING THE FORM AT HTTPS://HELP.JERKYXP.COM. THE COMPANY MAY THEN OFFER TO SETTLE YOUR CLAIM. IN THE EVENT OF ARBITRATION THE COMPANY WILL REIMBURSE ALL ADMINISTRATIVE, FILING, AND ARBITRATOR COSTS FOR NON-FRIVOLOUS CLAIMS. (IF THE ARBITRATOR DETERMINES THE ARBITRATION IS FRIVOLOUS, THE ARBITRATOR MAY REQUIRE THE CLAIMANT TO PAY ALL SUCH COSTS). IF A CLAIM IS FOR $10,000 OR LESS, YOU MAY ELECT, SUBJECT TO THE CONSENT OF THE ARBITRATOR, WHETHER TO HAVE THE ARBITRATION CONDUCTED IN THE COUNTY IN WHICH YOU RESIDE, THE COUNTY IN WHICH YOU ARE BILLED, BY TELEPHONE, OR ONLY BY WRITTEN SUBMISSIONS. IN THE EVENT YOU RECEIVE AN ARBITRATION AWARD GREATER THAN THE COMPANY’S LAST SETTLEMENT OFFER THE COMPANY WILL PAY YOU EITHER YOUR AWARD, OR $250, WHICHEVER IS GREATER. HOWEVER, IF YOU RECEIVE AN AWARD LESS THAN OR EQUAL TO THE COMPANY’S LAST SETTLEMENT OFFER THE ARBITRATOR MAY CONSIDER THAT FACT IN DETERMINING WHETHER THE ARBITRATION WAS FRIVOLOUS.
YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY SENDING WRITTEN NOTICE TO JERKYXP™, P.O. Box 339, Madison Ohio 44057, ATTN: Max, WITHIN 60 DAYS OF YOUR PURCHASE. BY NOT OPTING OUT YOU ARE WAIVING THE RIGHT TO CLAIM RESOLUTION BY COURT OR JURY, OTHER THAN SMALL CLAIMS COURT IF AVAILABLE IN YOUR JURISDICTION, AND YOU ARE ALSO AGREEING NOT PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. ANY PORTION OF THIS ARBITRATION AGREEMENT THAT IS HELD LEGALLY UNENFORCEABLE IS SEVERABLE AND THE REMAINDER WILL BE ENFORCED. THIS ARBITRATION AGREEMENT IS TO BE INTERPRETED UNDER THE FEDERAL ARBITRATION ACT.
WINNERS LIST/OFFICIAL RULES:
After confirmations of winners and prizes have been claimed, winners will be announced on JerkyXP’s™ social media channels and/or online at www.jerkyxp.com.
Please Allow 2-3 days to process your order. Shipping times do not include the time it takes to process and prepare your order. Shipping times are quoted and not exact.