Giveaway Terms & Conditions

TFBTV GIVEAWAY, SWEEPSTAKES, AND RAFFLE OFFICIAL TERMS AND CONDITIONS

Effective Date: August 1, 2023

These Official Terms and Conditions apply to giveaways, sweepstakes, drawings, raffles, contests, and other promotional prize opportunities offered or administered by TFBTV, Gunshorts LLC, their affiliated entities, their respective owners, employees, contractors, representatives, and participating promotional partners.

Each individual promotion may also be subject to additional rules, eligibility requirements, deadlines, entry instructions, prize descriptions, and disclosures stated in the post, video, entry form, email, webpage, or other announcement associated with that promotion. Those promotion-specific terms are incorporated into these Official Terms and Conditions by reference.

If a conflict exists between these general Official Terms and Conditions and the specific written terms announced for an individual promotion, the promotion-specific terms will control to the extent of the conflict.

1. Sponsor and Administrator

Unless otherwise expressly stated in the applicable promotion announcement, the sponsor and administrator of each promotion is:

Gunshorts LLC d/b/a TFBTV

New Orleans, Louisiana

Referred to in these Official Terms and Conditions as “TFBTV,” “Sponsor,” “Administrator,” “we,” “us,” or “our.”

A manufacturer, distributor, retailer, service provider, or other third party that supplies or contributes a prize may be identified as a promotional partner or prize provider. Unless expressly stated otherwise, such a prize provider is not responsible for the administration, entry process, winner selection, or interpretation of these Official Terms and Conditions.

2. No Affiliation With YouTube or Other Platforms

Unless expressly stated otherwise, promotions are not sponsored, endorsed, administered by, or associated with YouTube, Google, SubscribeStar, Patreon, Utreon, X, Instagram, Facebook, Meta, or any other social-media, crowdfunding, hosting, or communications platform.

By participating, each entrant releases those platforms from any liability arising from or relating to the promotion.

TFBTV, and not any platform on which a promotion is announced, displayed, linked, or discussed, is responsible for administering the promotion.

Entries or conduct that violate the applicable platform’s terms of service, community guidelines, or other rules may be disqualified.

3. Types of Promotions

TFBTV may offer one or more of the following types of promotions:

A. General Sweepstakes or Giveaways

A general sweepstakes or giveaway is a promotional drawing in which a prize is awarded by chance and no purchase, payment, or financial contribution is required to enter.

Paid supporters may receive automatic entry as a benefit of support, but a free alternate method of entry may also be made available where required by applicable law or where otherwise designated by TFBTV.

B. Supporter Appreciation Drawings

TFBTV may conduct drawings primarily intended to reward or recognize active supporters on SubscribeStar or another platform designated by TFBTV.

Where permitted by law, eligibility may be restricted to active supporters, particular support tiers, supporters who joined before a stated cutoff date, supporters in good standing, or supporters satisfying other announced criteria.

Where applicable law requires a free method of entry, TFBTV may provide one. Providing a free alternate method of entry does not entitle the entrant to access supporter content, platform benefits, private communities, merchandise, or other benefits unrelated to the promotion.

C. Louisiana Small-Prize Raffles

For a prize whose fair market value does not exceed $250, TFBTV may elect to conduct the promotion as a raffle pursuant to Louisiana Revised Statute 27:502.

Louisiana Revised Statute 27:502 permits a person twenty-one years of age or older to conduct a raffle for any purpose when the value of the prize does not exceed $250 and defines a raffle to include a game of chance conducted through the sale of shares, tickets, or rights to participate.

When TFBTV expressly designates a promotion as a “Louisiana Small-Prize Raffle”:

1. Eligibility may be restricted to active paying supporters or to one or more designated support tiers.
2. The right to participate may arise from supporter status or another announced paid relationship.
3. A separate public or free method of entry may not be offered except where TFBTV determines that one is required by the law applicable to a particular entrant or jurisdiction.
4. The prize’s fair market value, as reasonably determined by TFBTV, must not exceed $250.
5. TFBTV may exclude residents of any state or jurisdiction in which the promotion would be prohibited, restricted, or subject to additional registration, bonding, disclosure, or operational requirements.
6. TFBTV may convert the raffle into a general sweepstakes or cancel it if TFBTV determines that such action is reasonably necessary for legal, administrative, or practical reasons.

The mere fact that a prize is worth $250 or less does not necessarily mean that the promotion is being conducted as a Louisiana Small-Prize Raffle. TFBTV must expressly designate it as such.

D. Skill Contests

TFBTV may conduct contests based primarily on skill, knowledge, creativity, judging criteria, or performance rather than chance. Any judging criteria and submission requirements will be stated in the promotion-specific rules.

E. Promotional Partner Drawings

TFBTV may administer prizes supplied by manufacturers, retailers, sponsors, or other promotional partners. Such prizes remain subject to availability, any lawful restrictions imposed by the prize provider, and these Official Terms and Conditions.

4. No Purchase Necessary Where Required

For any promotion operated as a sweepstakes or game promotion in a jurisdiction in which purchase, payment, financial support, or proof of purchase may not lawfully be required, no purchase or financial contribution is necessary to enter or win.

A purchase, subscription, contribution, or other payment will not improve an entrant’s odds of winning in such a promotion unless a different structure is expressly permitted by applicable law and expressly stated in the promotion announcement.

When a free alternate method of entry is offered, the promotion announcement or entry form will identify the required procedure. TFBTV may require a free entrant to provide substantially the same identifying, eligibility, certification, and contact information required from an automatically entered supporter.

A free entry request must strictly comply with the stated instructions and deadlines. Incomplete, late, illegible, duplicative, automated, fraudulent, or noncompliant requests may be rejected.

Nothing in this Section requires TFBTV to offer a free alternate method of entry for a properly designated Louisiana Small-Prize Raffle under Louisiana Revised Statute 27:502, except to the extent required for entrants in a particular jurisdiction.

5. Florida Residents

A commercial game promotion conducted in or reaching Florida will be administered in a manner intended to comply with Florida Statute 849.094 and other applicable Florida law.

For any promotion subject to Florida Statute 849.094:

1. No entry fee, payment, or proof of purchase will be required as a condition of entry.
2. A Florida resident will not be required to become or remain a paying supporter to enter or win.
3. Any announced free alternate method of entry must be followed exactly.
4. TFBTV may exclude Florida residents from a particular promotion rather than modify the promotion to satisfy Florida law.
5. If the total announced value of prizes in a Florida game promotion exceeds a statutory threshold requiring filing, bonding, establishment of a trust account, reporting, or other compliance measures, TFBTV may satisfy those requirements, reduce the prize pool, limit eligibility, postpone the promotion, substitute prizes, or void the promotion in Florida.

Nothing in these Official Terms and Conditions represents that Florida law independently authorizes a commercial supporter-only raffle or drawing conditioned on payment.

6. Eligibility

Unless otherwise stated in the promotion-specific rules, entrants must:

1. Be natural persons and not corporations, partnerships, trusts, organizations, automated services, or other entities.
2. Be at least twenty-one years old at the time of entry when the prize is a firearm, ammunition, alcohol-related item, knife, regulated product, or when the promotion is conducted pursuant to Louisiana Revised Statute 27:502.
3. Be at least eighteen years old for other promotions unless a different minimum age is announced.
4. Be a legal resident of one of the fifty United States or the District of Columbia.
5. Be physically located within an eligible jurisdiction when entering.
6. Possess a valid email address and any other information reasonably required to administer the promotion.
7. Be legally capable of accepting, possessing, receiving, and using the prize.
8. Comply fully with these Official Terms and Conditions and all promotion-specific rules.

Unless otherwise stated, promotions are void in Puerto Rico, United States territories and possessions, foreign countries, and wherever prohibited or restricted by law.

TFBTV may exclude any state or jurisdiction based on firearms restrictions, gaming laws, sweepstakes laws, registration requirements, bonding requirements, shipping restrictions, administrative burden, prize-provider limitations, or other legal or practical considerations.

Employees, officers, managers, contractors, agents, and immediate family or household members of TFBTV, Gunshorts LLC, the Administrator, and any entity materially involved in administering or selecting winners may be excluded at TFBTV’s discretion.

7. Supporter Eligibility and Verification

When a promotion is restricted to supporters or provides automatic supporter entry, TFBTV may require that the entrant:

1. Be an active paid supporter on the designated platform.
2. Be subscribed at or above the required tier.
3. Have joined before the announced cutoff date.
4. Remain in good standing through the drawing date, verification date, or prize-delivery date.
5. Have no failed, reversed, disputed, refunded, fraudulent, or delinquent payments.
6. Provide a supporter handle, email address, receipt, platform record, or other information sufficient to verify eligibility.

TFBTV’s records, platform exports, payment records, and reasonable determinations will control for purposes of verifying supporter status.

An entrant who submits a giveaway form but cannot be matched to the applicable active-supporter list may be disqualified.

TFBTV may contact the entrant to resolve a minor discrepancy but is not obligated to do so.

The name, supporter handle, email address, and other identifying information entered must reasonably correspond with the information associated with the supporter account. Use of another person’s supporter account, identity, or payment information may result in disqualification.

8. Entry Methods

The available method or methods of entry will be stated in the promotion announcement.

Entry may occur through:

1. Automatic inclusion based on verified supporter status.
2. Submission of an online entry form.
3. Submission of a free alternate entry form.
4. Email submission.
5. Mail-in entry.
6. Comment, response, or content submission.
7. Any other lawful method designated by TFBTV.

Unless otherwise stated, one person may receive only one entry per promotion, regardless of the number of platforms, accounts, tiers, payments, or entry methods used.

TFBTV may allow additional entries, tier-weighted entries, or multiple entry opportunities only if expressly stated and lawful.

Entries generated by script, macro, bot, automation, artificial account creation, mass submission, paid-entry service, or other deceptive or abusive method are prohibited.

9. Entry Period and Deadlines

Each promotion begins and ends on the dates and times stated in the applicable announcement or form.

If no specific closing time is provided, TFBTV may close entries at any reasonable time before winner selection.

TFBTV’s computer, server, platform records, form records, or other designated system will be the official timekeeping mechanism.

TFBTV is not responsible for entries that are late, lost, delayed, incomplete, corrupted, misdirected, blocked, filtered, undelivered, or not received because of internet failure, platform failure, technical malfunction, inaccurate contact information, spam filtering, or any other reason.

10. Prizes

Prizes may include, without limitation:

1. Firearms.
2. Firearm components or accessories.
3. Optics.
4. Ammunition, where lawful.
5. Suppressors or other regulated items, where expressly stated and legally permissible.
6. Knives or tools.
7. Bags, apparel, belts, patches, and merchandise.
8. Gift certificates.
9. Training, admission, experiences, or services.
10. Automotive products or accessories.
11. Promotional items supplied by third parties.
12. Other products, services, or property selected by TFBTV.

The promotion announcement may state an approximate retail value or fair market value. Any stated value is an estimate only. Actual retail value may vary based on location, market conditions, availability, configuration, condition, retailer, taxes, fees, or other factors.

No difference between an estimated value and actual value will be awarded.

Unless otherwise stated, prizes are awarded as is, where is, with all faults, and without any representation or warranty by TFBTV, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, noninfringement, condition, safety, legality, compatibility, or performance.

Any manufacturer’s warranty that lawfully accompanies the prize may pass to the winner, but TFBTV does not guarantee that any warranty exists or is transferable.

11. Prize Substitution, Modification, and Cancellation

TFBTV reserves the right, in its sole discretion, to:

1. Substitute a prize with another prize of equal, lesser, or greater value.
2. Substitute cash, credit, merchandise, or another item in place of an announced prize.
3. Change a prize’s model, configuration, caliber, color, size, condition, accessories, or included components.
4. Award no substitute if the winner is ineligible or unable lawfully to receive the prize.
5. Cancel, suspend, postpone, terminate, extend, or modify a promotion at any time.
6. Decline to conduct an anticipated monthly or recurring promotion.
7. Reduce the number or value of prizes.
8. Increase the number or value of prizes.
9. Redraw or select an alternate winner.
10. Withhold a prize while eligibility or legality is investigated.

Monthly giveaways are not guaranteed. Past frequency, past prize value, prior statements, supporter expectations, or previous practice do not create a contractual obligation to conduct any future promotion.

Support is provided in exchange for the content, community access, platform benefits, or other supporter benefits described by TFBTV, and not in exchange for any guaranteed prize, drawing, or opportunity to win.

12. Winner Selection

Unless otherwise stated, potential winners will be selected by random drawing from among eligible entries.

TFBTV may use:

1. Random-number generation software.
2. Spreadsheet randomization.
3. A third-party random-selection tool.
4. Manual drawing.
5. Another method reasonably intended to produce a random result.
6. Judging criteria for a skill contest.

TFBTV may remove duplicates, ineligible entries, unverifiable entries, fraudulent entries, or entries that do not comply with the rules before conducting the drawing.

The odds of winning depend on the number of eligible entries received.

TFBTV’s decisions concerning eligibility, entry validity, interpretation of rules, winner selection, prize substitution, and administration are final and binding to the maximum extent permitted by law.

13. Winner Notification and Response Deadline

A potential winner may be notified by email, supporter-platform message, telephone, public post, social-media message, or another reasonable method.

A potential winner must respond within the period stated in the notification. If no period is stated, the potential winner must respond within fourteen calendar days after the first notification attempt.

A potential winner may be required to provide:

1. Full legal name.
2. Date of birth.
3. Physical address.
4. Telephone number.
5. Government-issued identification.
6. Supporter account information.
7. Tax forms.
8. Eligibility affidavit.
9. Liability and publicity release.
10. Firearms dealer information.
11. Any other information or documentation reasonably necessary to confirm eligibility or deliver the prize.

Failure to respond timely, failure to supply requested information, inability to verify eligibility, refusal to execute required documents, returned notification, or inability lawfully to receive the prize may result in forfeiture.

TFBTV may select an alternate winner but is not obligated to do so.

14. Firearm Prizes

All firearm prizes are subject to federal, state, and local law.

A firearm will not be shipped directly to a winner unless direct shipment is expressly lawful. Ordinarily, the firearm will be shipped to a federally licensed firearms dealer selected by or acceptable to TFBTV.

The winner is solely responsible for:

1. Selecting a lawful receiving dealer.
2. Providing accurate dealer contact information.
3. Ensuring that the dealer will accept the shipment.
4. Completing all required federal, state, and local forms.
5. Passing all required background checks.
6. Satisfying all waiting periods, permits, licenses, registration requirements, training requirements, age restrictions, and other legal conditions.
7. Paying transfer fees, taxes, registration fees, permit fees, storage fees, return-shipping costs, or other expenses unless TFBTV expressly agrees otherwise.

If the winner:

1. Is prohibited from possessing or receiving the firearm;
2. Fails or is denied during a required background check;
3. Resides in a jurisdiction where the firearm or configuration is prohibited;
4. Cannot locate a dealer willing to complete the transfer;
5. Fails to complete the transfer within the required period;
6. Provides false or misleading information;
7. Attempts a straw purchase, nominee transfer, or other unlawful arrangement; or
8. Otherwise cannot lawfully receive the firearm,

the prize may be forfeited without compensation.

TFBTV may, but is not obligated to, substitute a compliant firearm, store credit, another prize, or no prize.

No firearm will be modified by TFBTV solely to make it lawful in a winner’s jurisdiction unless TFBTV expressly agrees to do so.

The winner may not designate another person as the actual recipient or transferee unless TFBTV approves the arrangement and the transfer is lawful.

15. Other Regulated or Restricted Prizes

Ammunition, knives, body armor, magazines, firearm components, suppressors, regulated accessories, alcohol-related items, and other restricted products will be awarded and shipped only where lawful.

The winner is responsible for confirming legality in the winner’s jurisdiction.

TFBTV may require shipment through a licensed dealer, replacement with a compliant item, additional documentation, or forfeiture.

16. Taxes and Expenses

The winner is solely responsible for all federal, state, and local taxes and all costs or expenses associated with accepting, possessing, transferring, registering, transporting, storing, maintaining, or using the prize unless expressly stated otherwise.

TFBTV may require completion of an IRS Form W-9 or other tax documentation.

TFBTV may issue an IRS Form 1099 or other required tax report.

A winner’s refusal or failure to provide required tax information may result in forfeiture.

17. No Transfer or Cash Redemption

Unless TFBTV expressly agrees otherwise, prizes:

1. May not be assigned or transferred.
2. May not be redeemed for cash.
3. May not be exchanged for another size, model, configuration, product, or service.
4. May not be transferred to another supporter, family member, friend, or third party.

TFBTV may approve a substitution or alternative arrangement in its sole discretion.

18. Disqualification

TFBTV may disqualify an entrant or potential winner for:

1. Violating these Official Terms and Conditions.
2. Violating promotion-specific rules.
3. Providing inaccurate, incomplete, false, misleading, or fraudulent information.
4. Using multiple identities or unauthorized accounts.
5. Submitting duplicate or automated entries.
6. Tampering with an entry process, drawing, platform, form, or computer system.
7. Attempting to manipulate winner selection.
8. Harassing or threatening TFBTV personnel, partners, other entrants, or winners.
9. Acting in a disruptive, abusive, fraudulent, or unsportsmanlike manner.
10. Attempting to receive a regulated prize unlawfully.
11. Filing a fraudulent payment dispute or chargeback.
12. Failing to maintain required supporter eligibility.
13. Engaging in conduct that could expose TFBTV, a prize provider, dealer, platform, or another person to legal liability or reputational harm.

Disqualification may occur before or after winner selection.

19. Publicity

Except where prohibited by law, acceptance of a prize constitutes permission for TFBTV and its promotional partners to use the winner’s name, supporter handle, city, state, likeness, voice, statements, photographs, submitted content, and prize information for promotional, advertising, reporting, or administrative purposes without additional compensation.

TFBTV may publicly announce a winner by supporter handle rather than legal name.

TFBTV may disclose information to government authorities, regulators, tax authorities, prize providers, dealers, shipping providers, insurers, attorneys, accountants, or other persons when reasonably necessary to administer the promotion or comply with law.

20. Privacy

Information submitted in connection with a promotion may be used to:

1. Administer the promotion.
2. Verify eligibility.
3. Contact entrants and winners.
4. Deliver prizes.
5. Complete tax, regulatory, dealer, shipping, or legal requirements.
6. Prevent fraud or abuse.
7. Maintain promotion records.
8. Resolve disputes.

Information will not be added to an unrelated marketing list unless the entrant separately consents or unless otherwise permitted by applicable law.

TFBTV may share entrant information with service providers and promotional partners only as reasonably necessary to administer the promotion or deliver the prize.

TFBTV cannot guarantee the security of information transmitted through third-party forms, email providers, crowdfunding platforms, social-media platforms, or other services.

21. Technical Failures and Force Majeure

TFBTV is not responsible for:

1. Website, form, server, internet, email, platform, software, or hardware failures.
2. Lost, delayed, damaged, corrupted, incomplete, or misdirected entries.
3. Errors in supporter exports or platform records.
4. Incorrect or outdated contact information.
5. Unauthorized intervention.
6. Viruses, malware, service outages, or communications failures.
7. Printing, typographical, clerical, programming, or human errors.
8. Theft, destruction, alteration, or unauthorized access to entries.
9. Events beyond TFBTV’s reasonable control.

If a promotion cannot be administered as intended because of fraud, technical failure, mistake, legal restriction, platform action, natural disaster, war, terrorism, civil disturbance, labor dispute, governmental action, epidemic, transportation interruption, product recall, bankruptcy, supplier failure, or another event beyond reasonable control, TFBTV may modify, suspend, terminate, or cancel the promotion.

22. Release of Liability

To the maximum extent permitted by law, each entrant agrees to release, defend, indemnify, and hold harmless:

1. TFBTV;
2. Gunshorts LLC;
3. Their affiliated companies;
4. Their owners, officers, managers, employees, contractors, representatives, attorneys, and agents;
5. Promotional partners and prize providers;
6. Firearms manufacturers, distributors, dealers, and transfer agents;
7. Shipping and fulfillment providers;
8. YouTube, Google, SubscribeStar, Patreon, Utreon, X, Meta, and any other hosting or communications platform; and
9. Each of their respective affiliates, successors, and assigns,

collectively, the “Released Parties,” from claims, demands, causes of action, liabilities, damages, losses, injuries, death, property damage, taxes, expenses, attorney’s fees, and court costs arising from or relating to:

1. Entry or attempted entry.
2. Participation in the promotion.
3. Acceptance, possession, transfer, transportation, storage, maintenance, use, misuse, or inability to use a prize.
4. Any defect in a prize.
5. Violation of law by an entrant or winner.
6. Publicity or use of entrant information.
7. Technical or administrative error.
8. Negligence of a Released Party, except where such release is prohibited by law.

23. Assumption of Risk

The winner knowingly and voluntarily assumes all risks associated with accepting, possessing, handling, storing, transporting, transferring, or using a prize.

Firearms, ammunition, knives, vehicles, tools, training activities, and other products or experiences may involve inherent risks of serious injury, death, or property damage.

The winner is solely responsible for safe and lawful use, proper training, secure storage, maintenance, protective equipment, and compliance with all instructions and laws.

24. Indemnification

Each entrant agrees to indemnify and defend the Released Parties against claims, liabilities, penalties, losses, expenses, attorney’s fees, and court costs arising from:

1. The entrant’s breach of these Official Terms and Conditions.
2. False eligibility representations.
3. Unlawful possession, receipt, transfer, transportation, or use of a prize.
4. The entrant’s negligence, misconduct, or violation of law.
5. Claims by third parties arising from the entrant’s acceptance or use of a prize.

25. Limitation of Liability

To the maximum extent permitted by law, the Released Parties will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, lost profits, loss of opportunity, emotional distress, or loss of data arising from a promotion.

If liability cannot lawfully be excluded, the aggregate liability of the Released Parties will not exceed the lesser of:

1. The fair market value of the applicable prize; or
2. One hundred dollars.

This limitation does not apply where prohibited by law.

26. Disputes, Governing Law, and Venue

Except where prohibited by law, each promotion and these Official Terms and Conditions are governed by the laws of the State of Louisiana, without regard to conflict-of-law principles.

Any dispute arising from or relating to a promotion must be brought exclusively in a state or federal court of competent jurisdiction located in Orleans Parish, Louisiana.

Each entrant consents to personal jurisdiction and venue in those courts.

Before filing suit, the entrant must provide written notice describing the dispute and allow TFBTV at least thirty days to attempt an informal resolution.

To the maximum extent permitted by law:

1. Claims must be brought individually.
2. Class, collective, representative, or consolidated proceedings are waived.
3. Recovery is limited to actual out-of-pocket damages.
4. Attorney’s fees may not be recovered unless expressly authorized by statute or awarded because a claim was frivolous or brought in bad faith.

27. Severability

If any provision of these Official Terms and Conditions is held unlawful, invalid, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable or, if modification is impossible, severed.

The remaining provisions will remain in full force and effect.

28. No Waiver

TFBTV’s failure to enforce any provision does not waive that provision or the right to enforce it later.

A waiver is effective only if made expressly and in writing by an authorized representative of TFBTV.

29. Interpretation

Section headings are for convenience only.

The words “including” and “include” mean “including without limitation.”

Singular words include the plural and vice versa where appropriate.

These Official Terms and Conditions will not be construed against TFBTV merely because TFBTV or its counsel drafted them.

30. Entire Agreement

These Official Terms and Conditions, together with the promotion-specific announcement, entry form, and incorporated rules, constitute the entire agreement concerning the promotion.

No oral statement, social-media comment, private message, informal post, prior practice, or expectation modifies these terms unless expressly incorporated into the written promotion rules.

31. Modification of General Terms

TFBTV may revise these general Official Terms and Conditions at any time.

The version in effect when a particular promotion begins will generally govern that promotion, except that TFBTV may make changes reasonably necessary to comply with law, correct an error, prevent fraud, protect entrants, preserve fairness, or address circumstances beyond its control.

32. Void Where Prohibited

Each promotion is void where prohibited, taxed, licensed, bonded, registered, or restricted in a manner with which TFBTV elects not to comply.

TFBTV may determine eligibility on a state-by-state, locality-by-locality, or entrant-by-entrant basis.

33. Contact

Questions concerning a promotion should be directed to the contact address or email identified in the applicable promotion announcement.

Communications concerning a promotion do not guarantee a response and do not extend any deadline unless TFBTV expressly confirms an extension in writing.