Terms and Conditions – Backyard Discovery

THANK YOU FOR BUYING PRODUCTS FROM BACKYARD DISCOVERY!

We appreciate the chance to have your business and want you to be completely satisfied. To that end, many of your questions can be answered or resolved very quickly by checking out the installation manual, looking on the website, or talking with our Customer Service folks. It is rarely necessary to return a product since we can resolve nearly anything and will work to do so promptly and to your satisfaction.

However, in the unlikely event you need to return a product and so you won't be disappointed or surprised by our policies, please read the policies below BEFORE you buy from us. Because most of our products are very heavy and large, it costs quite a bit of money to ship and handle them so returns can be very costly.

SHIPPING AND HANDLING:

If you are buying a playset, large accessory, or other large/heavy product, it will ship via common carrier freight because of the weight and size of the boxes. The freight delivery service we use is "Curb Side" only which means the driver is NOT responsible for moving the boxes anywhere other than off the truck onto the curb or the lawn. In all cases we order residential delivery service. In most cases we order lift gate truck delivery service to make it easier for the driver to unload. The driver will not require assistance unloading your product. Any assistance you give the driver, whether the driver requests it or you offer, is solely at your own risk. We are not responsible for ANY injury you or anyone else receives from any part of the delivery process.

If you are buying an accessory and it can ship via package express (i.e. FedEx), then it will be calculated that way. Of course, package shipping charges are based on the weight, size, and how fast you want your item.

RECEIPT OF PRODUCTS:

You are responsible for checking the shipment and if necessary, either refusing it or noting damage upon receipt. If you do not do this, neither the carrier nor Backyard Discovery will be responsible for any damages or charges associated with replacement of parts damaged in shipping that you accepted.

DO NOT DISPOSE OF THE BOX OR ANY PACKAGING MATERIALS UNTIL YOU HAVE INSPECTED YOUR ORDER AND ARE SATISFIED WITH THE PRODUCT YOU HAVE RECEIVED. ANY RETURNS MUST BE IN THE ORIGINAL PACKAGING.

CANCELLATIONS:

If you cancel your order prior to it shipping, we will cancel the transaction and no fees or charges will apply.

If you wish to cancel after your order ships but before you receive it, you must refuse the shipment upon delivery. Your refund will be based upon our policies stated here.

Once you receive your order, returns are processed under our policies stated here.

REPLACEMENT PARTS:

Sometimes parts are damaged during shipping or missing from a kit box. Don’t worry! We'll get you the right part quickly so your playset assembly won’t be held up any longer than necessary. Please click here to send us information about you and the parts you need. To speed our response, please tell us which playset you have, when you bought it, and the part numbers of the parts you need. Don’t forget your shipping address.

We ship replacement parts via UPS Ground or UPS Freight, depending on size and weight. If you want your parts faster, you can select faster shipping though we charge for the difference between ground and your shipment method of choice.

WARRANTY:

Each product’s instruction manual contains the specific warranty as it applies to that product.

REFUNDS:

Your refund will be based upon our policies stated here.

SWEEPSTAKES RULES AND REGULATIONS:

By entering this giveaway, you are providing this information to Backyard Discovery. Must be 18+ to enter. One (1) winner(s) will be randomly selected and contacted via email to arrange shipment. Winner(s) will receive a One Thousand Dollar ($1000) Visa gift card. Entries are open only to residents of the 48 Contiguous United States and District of Columbia on November 1, 2023  from 12:00 AM CST through 11:59 PM CST on November 30, 2023. Backyard Discovery is not responsible for technical errors

Sweepstakes Official Rules & Regulations

1. NO PURCHASE, OR PAYMENT NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

2. Eligibility: The Review and Post Sweepstakes (the “Sweepstakes”) is open to legal residents of the 48 Contiguous United States and District of Columbia who are 18 years of age or older, or the age or majority in the jurisdiction in which they reside, whichever is older, at the time of entry. The Sweepstakes is not open to employees of Sponsor, or of its parent companies, affiliates, subsidiaries, and advertising or promotional agencies (collectively the “Sweepstakes Entities”), or to the immediate family members of, or to any persons domiciled with, any such employees. For purposes of the Sweepstakes, “immediate family members” include a participant’s spouse, children, siblings, parents, grandparents and grandchildren.

3. Official Rules: These are the official rules (the “Official Rules”) for the Sweepstakes. By entering any of the Sweepstakes, entrants agree that they can be contacted by email regarding the Sweepstakes, and to be bound by these Official Rules and all decisions of the Sponsor relating to the Sweepstakes, which shall be final and binding on entrants.

4. Sweepstakes Period: The Sweepstakes is a multiple day sweepstakes in which one (1) eligible entrant will be awarded one (1) One Thousand Dollar ($1000) Visa gift card (as described in more detail in Section 7 below). Sweepstakes will commence at 12:00 a.m. Central Standard Time (“CST”) on November 1, 2023 and end at 11:59 p.m. CST on November 30, 2023 (the “Sweepstakes Period”). All entries received during the Sweepstakes Period are eligible for the random drawing. Sponsor reserves the right to modify, extend, suspend or terminate the Sweepstakes in its sole discretion with or without cause. Sponsor’s computer is the official clock for the Sweepstakes.

5. How to enter: NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants will visit Sponsor’s Website (Backyarddiscovery.com) and post a product review with a photo and must reflect your own findings, beliefs, experiences and/or opinions regarding the product. Entrants will automatically receive one Entry into the Sweepstakes by this method of Entry.

6. Determination of the winner: One (1) grand prize winners will be randomly selected from those eligible entries received during the Sweepstakes Period. Provisional Winner(s) will be selected on or about one (1) day after the end of the Sweepstakes Period (the “Drawing Date”). The Provisional Winner(s) will be notified by Facebook or Email and will need to provide a telephone number in order to be contacted to confirm they are the winner. If the Provisional Winner(s) do not respond within fourteen (14) days of the date appearing on the prize notification, or fails to comply with the instructions contained in the prize notification within that time period, Sponsor reserves the right to randomly choose an alternate winner from the pool of remaining eligible entries. The first eligible Provisional Winner(s) that Sponsor successfully contacts in person by telephone or by email and who claims the Grand Prize in accordance with these Official Rules will be declared the final Winner(s). The Winner(s) may waive the right to receive a prize. The return of any prize, Winner’s affidavit/release or prize notification as undeliverable will result in disqualification, the forfeiture of all interest in the prize, and selection of a substitute Winner from among all remaining eligible entries. The Winner(s) may be required to provide evidence of identity in connection with claiming the prize.

7. Prize: There will be one (1) grand prize awarded consisting of one (1) One Thousand Dollar ($1000) Visa gift card. The approximate retail value of the Visa gift card is One Thousand Dollars ($1000.00)in aggregate. LIMIT ONE (1) PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. The odds of winning the grand prize depend on the number of eligible entries entered into the random draw pool for the Sweepstakes Period. The prize will be shipped at no cost to Winner(s) to the address provided by Winner(s) when Winner(s) claims the Grand Prize. Expect 1 to 2 weeks for delivery. No substitution of prize, including cash substitutions, will be permitted, except that Sponsor has the right in its sole discretion to substitute a prize of greater or equal value if the stated prize is not available. Prizes are not transferable.

8. Taxes: Income and other taxes, if any, on the value of the prize are the sole responsibility of the Winner. If required by law, Sponsor will issue a Form 1099 to the Winner for the approximate retail value of the prize. All federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the winner(s). Arrangements for delivery of prize(s) will be made after winner validation.

9. Permissions/Release: By accepting the prize, the Winner(s) agree that Sponsor may use Winners’ name, photo, and likeness for editorial, advertising and publicity purposes, including, without limitation, posting on Sponsor’s website, social media and other digital marketing platforms, without further compensation, except where prohibited by law. By entering, each entrant agrees that the Sweepstakes Entities will not be liable for losses or injuries of any kind resulting from acceptance, possession, use, or misuse of prize(s); travel to and from any prize-related activity; participation in the Sweepstakes; printing, typographical, mailing or distribution errors; or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof; or for any entries that are late (including delayed data transmissions), tampered with, stolen, garbled, incomplete, misdirected, lost, postage-due, forged, illegible, inaudible, mutilated, mechanically duplicated, mass machine printed, or otherwise not in compliance with these Official Rules. Sweepstakes Entities are not responsible or liable for any injury or damage to any participant’s or third person’s computer and/or its contents, related to or resulting from entering or participating in this Sweepstakes. Winner(s) acknowledges that Sponsor does not make any warranties, express or implied, relating to the prize itself and that Sponsor expressly disclaims the implied warranties of merchantability and fitness for a particular purpose or use.

10. Affidavit: Winner(s) may be required to sign an affidavit of eligibility, a publicity release (where permitted by law), and a liability release which must be signed and returned within fourteen (14) days of the date on the prize notification or the prize will be forfeited and an alternate winner will be chosen.

11. Additional Entrant Obligations: Each entrant agrees that he/she shall not upload, post or transmit any materials to the Sponsor website which contain any computer viruses, Easter eggs, worms, Trojan horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

12. Disqualification: Sponsor reserves the right to disqualify any entrant found tampering with the entry process or with the operation of the Sweepstakes, who commits any fraud in relation to the Sweepstakes, or who violates these Official Rules. Caution: any attempt by an entrant to deliberately damage or undermine the legitimate operation of the Sweepstakes may be in violation of criminal and civil laws and will result in disqualification of such entrant. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys’ fees) from any such participant to the fullest extent of the law, including criminal prosecution.

13. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of the United States and State of Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Kansas.

14. Limitation of Liability: BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED FIFTY US DOLLARS ($50.00 USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY. ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE ALL DAMAGES MULTIPLIED OR INCREASED.

15. Winner Selection: The winner(s) of the Sweepstakes will be available for a period starting thirty (30) days after the Drawing Date until ninety (90) days after the Drawing Date. You can obtain the winner selection by sending a self-addressed stamped envelope to Backyard Discovery, Attn: Review and Post Sweepstakes, PO BOX 604, Pittsburg, KS 66762. Residents of Vermont may omit return postage.

16. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Backyard Discovery website. To read the Privacy Policy, click here.

17. The Sponsor: Backyard Discovery 3305 Airport Drive, Pittsburg, KS 66762.

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