FNH USA DISTINCT ADVANTAGE REWARDS - SALES ASSOCIATE INCENTIVE PROGRAM TERMS AND CONDITIONS
NO PURCHASE NECESSARY.
OFFERED ONLY IN THE UNITED STATES. VOID IN CALIFORNIA, NEW YORK, D.C., U.S. TERRITORIES AND ANY JURISDICTIONS THAT RESTRICT AND/OR PROHIBIT THE SALE OF FNS
HANDGUNS AND WHERE OTHERWISE PROHIBITED OR RESTRICTED BY LAW. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
The FNH USA Distinct Advantage
Rewards program is a trade promotion (“Promotion”)
open only to retail sales associates of authorized U.S. firearms dealers that hold a Federal Firearms License (“FFL”)
which is in good standing for the entire Promotion Period and that carries FN firearms; who are legal residents of the U.S., age 21 years or older at time of entry; and who register to participate in the Promotion. In order to be awarded a firearm, a participant must be able to complete an ATF Form 4473 and pass a NICS background check at his/her local firearms retailer.
Participants are responsible for reviewing and understanding their employer’s policies and all applicable laws, rules and regulations regarding eligibility to participate in trade promotions. If an individual participates in violation of his or her employer’s policies or the law, that individual and his or her employer may be disqualified from this Promotion, or from receiving awards. Sponsor disclaims any and all liability or responsibility for disputes related to this matter.
2. PROMOTION PERIOD:
Promotion starts at 12:00 am Eastern Time (“ET”) on January 1, 2014 and ends at 11:59 pm ET on March 31, 2014 (“Promotion Period”). Qualifying sales (as defined herein) must be made between January 1, 2014 and March 31, 2014 (“Sales Period”). Participants may only enter valid sales information on the Promotion Site beginning at 12:00 am ET on January 10, 2014 through 11:59 pm ET on April 30, 2014 (“Reporting Period”).
3. HOW TO PARTICIPATE; DETERMINATION OF AWARDS:
During the Promotion Period, participants must visit www.dealerdistinctrewards.fnhusa.com (the “Promotion Site”), and complete all required information to register for the Promotion. During the Reporting Period, participants must go to the Promotion Site and complete all required information to validate their sales (“Entry”) by completing the official redemption form in full and submitting Page 3 of ATF Form 4473 for each sale, either by uploading a copy of the form online to the Promotion Site or by mailing a copy of the form to FNH USA Distinct Rewards Program, P.O. Box 9424, McLean, VA 22102.
Every valid customer (end-user) sale of qualifying FNS
handguns made personally by an eligible participant during the Sales Period (“Qualifying Sale”) will earn one (1) point in this Promotion. Only sales of new FNS
handguns will qualify. Law enforcement tax exempt sales do not qualify. Non-compliant or ineligible sales, including but not limited to those that have insufficient supporting validation documentation, as determined by Sponsor in its absolute discretion, will be disqualified.
Every six (6) points earned by a participant may be redeemed for a new FNS
handgun. Every twenty-five (25) points earned by a participant may be redeemed for a new FN SCAR®
16S. If the FN firearm for which a participant wishes to redeem points is not available, Sponsor reserves the right to substitute a firearm of equal or greater value, at its discretion.
Proof of registration, customer sales, ATF forms or other submissions to Sponsor are not proof of receipt or eligibility for the Promotion. In the event of a dispute as to a valid customer sale, the participant assigned to that customer sale in accordance with supporting documentation provided or as otherwise determined by Sponsor in its sole and absolute discretion will be deemed to be the participant for whom the sale will be counted in this Promotion. Sponsor not responsible for late, lost, misdirected, incomplete, stolen, returned, damaged, or illegible Entries, sales information and/or any other information or data in connection with the Promotion.
4. HOW TO REDEEM:
Participants can redeem their points for rewards by:
a. Logging into the rewards program website, downloading and filling out the redemption form, and uploading the completed redemption form and a copy of the FFL of the licensee to which FNH USA will ship the reward gun(s); or
b. Mailing a hard copy of the redemption form and a copy of the FFL of the dealer to which FNH USA will ship the reward gun(s). A copy of the redemption form is available for download and printing at www.dealerdistinctrewards.fnhusa.com or by request from
- All sales will be verified by Sponsor. A participant’s current points status will be displayed as either “verified” or “not eligible for points” when a participant logs on to the Promotion Site
- Redemption forms must be received by 11:59 PM ET May 31, 2014.
- Rewards will be shipped on or about June 30, 2014.
In the event that Sponsor is unable to contact a participant in three attempts, or in the event a participant is unable to or unwilling to accept an award for any reason, the participant will be deemed to have forfeited the award. By participating, all participants agree to be bound by these Terms and Conditions and the decisions of the Sponsor, which are final and binding in all matters concerning this Promotion.
Redemption of points for awards is subject to compliance with these Terms and Conditions and verification of participant, customer sales, supporting invoices, ATF forms and any other information required by Sponsor in order to verify the potential recipient, prior to receiving award. A participant who leaves his or her employment with an authorized FNS
dealer for any reason during the Promotion Period is disqualified and not eligible to receive an award. Any perceived attempt by any participant, directly or indirectly, to obtain unauthentic or fraudulent customer sales and/or invoices (including but not limited to posing as a customer or using someone else’s sales) or any fraudulent or unauthorized methods will void participant’s entry into the Promotion, and participant will be disqualified. Eligibility, age and other information for all participants are subject to verification by Sponsor prior to redeeming points for awards.
The final determination of awards will be in Sponsor’s sole and absolute discretion. Awards will be given to the individual participant and not to the dealership. All employment related issues, if any, will be determined by Sponsor in its sole and absolute discretion.
Firearms redemptions sent to participants will be shipped at FNH USA’s expense to the FFL of participant’s choice. All other costs, fees, and other expenses, including transfer fees and all federal, state and local taxes on the award, are the participant’s sole responsibility. Any forfeited, unawarded or unclaimed awards will not be awarded or re-awarded. No assignment, transfer, or substitution of award, in whole or in part, is permitted, except that Sponsor reserves the right to substitute an award of equal or greater value at its sole discretion.
6. CONDITIONS OF PARTICIPATION:
Any information not legitimately submitted, not capable of reasonable and timely verification, or not legitimately earned, or that is not in accordance with these Terms and Conditions is void. Participants will be subject to verification by Sponsor, whose decisions are final and binding. A participant will not receive an award unless and until eligibility and sales have been verified and any documentation necessary for verification has been submitted to Sponsor for verification.
Award recipients will be required to sign and return a Declaration of Eligibility and Liability/Publicity Release (where legally permitted), within three (3) business days following the date of notification, or else award will be forfeited in its entirety. Award recipients may be required to sign and return additional documents in order to receive an award. Failure to comply with these requirements/deadlines may result in forfeiture of the award. Acceptance of an award constitutes permission for Sponsor and its authorized representatives to use recipient’s name, information, opinions, voice, photographs and/or likeness for advertising and promotional purposes in any and all media now known or hereinafter developed throughout the world in perpetuity, without additional compensation, review, notification or permission, unless prohibited by law. Sponsor is not responsible for any typographical, human or other error in the printing of Promotion and/or collateral advertising materials, administration of the Promotion, processing of the customer sales, invoices, or in the announcement of the award or in any other materials or information associated with the Promotion. Participant hereby agrees Sponsor shall have no liability for any such materials containing printing, production, typographical, mechanical, or other errors.
If for any reason the Promotion, in whole or in part, is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, human error, or any other causes, technological or otherwise, which corrupt, disrupt or otherwise affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend any or all aspects of the Promotion, or any element thereof. Sponsor further reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the operation of the Promotion, or acting in a non-sportsmanlike or disruptive manner. Caution: Any attempt by any individual to deliberately damage or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and, should such an attempt be made, Sponsor reserves the right to seek damages from any such individual to the fullest extent of the law.
Participants agree, by participating in this Promotion, to release, discharge, indemnify and hold harmless Sponsor and its parent company, subsidiaries, affiliates, distributors, retailers, advertising and promotional agencies and any other companies participating in the design, administration or fulfillment of this Promotion and their respective officers, directors, employees and agents (collectively “Released Parties”) from and against any and all claims, actions or liability for any threatened or actual injuries, loss, or damage of any kind to person, including death or disability, and property, arising in whole or in part, directly or indirectly, from participation in this Promotion, the delivery, acceptance, possession, use, or misuse of an award, participation in any Promotion-related activity or inability to participate in parts thereof including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory, and whether or not caused in whole or in part by the negligence of one or more of the Released Parties.
8. LIMITATIONS OF LIABILITY:
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, EXCEPT FOR ANY STANDARD WARRANTY THAT MAY BE PROVIDED BY THE MANUFACTURER AND/OR SUPPLIER OF AN AWARD, OR ANY ELEMENT THEREOF, SPONSOR HAS NOT MADE, AND SPONSOR IS NOT RESPONSIBLE IN ANY MANNER FOR, ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR LAW, RELATING TO ANY AWARD, INCLUDING BUT NOT LIMITED TO, THE QUALITY, MECHANICAL CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Participants covenant not to sue any Released Party or cause them to be sued regarding any matter released; and further covenant not to disaffirm, limit or rescind any release. Sponsor’s waiver of any term in these Terms and Conditions does not constitute a waiver of any other provision.
9. NETWORK/FORCE MAJEURE:
Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to the site, or alterations of sales or sales data, invoices, and/or related information or materials, or for human error, technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive information by Sponsor, any force majeure event, or any other similar or dissimilar event beyond Sponsor’s reasonable control.
11. GOVERNING LAW; DISPUTES:
By entering the Promotion, each participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any award shall be resolved individually, without resort to any form of class action, by a state or federal court in Virginia; and (ii) in addition to the limitations in these Terms and Conditions, any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees. Except where prohibited by law, all issues concerning the construction, validity and enforcement of these Terms and Conditions, or the rights and obligations of the participant and Sponsor, shall be construed and governed by the laws of the State of Virginia, without regard to conflicts of law rules.
FNH USA, LLC, 7918 Jones Branch Drive, Suite 400, McLean, VA 22102