Terms of Service Agreement
Cajun Custom Rods® and Cajun Rods® merchandise and product pricing is determined by Cajun Custom Rods®, Inc. located in Jacksonville, Florida. Price changes, should they be required, will be communicated to buyers prior to accepting orders.
State Tax Information:
All sales to Florida residents are subject to a Florida State “Sales and Use Tax” of 5.5% plus any additional Florida Surtax based on the current county tax at the time of merchandise or product purchase. Florida residents who purchase a Cajun Custom Rods® or Cajun Rods® product via the internet shall incur and pay at the time of purchase, a Florida County Surtax of 1.5% (Duval County Surtax, Florida) and a 5.5% Florida Sales and Use Tax, for a total of 7% tax on all internet purchases.
In any event, any fishing rod or merchandise delivered to our within the state of Florida are subject to the tax rates applicable to the county in which the product(s) are delivered plus any other local tax, sales and use, or similar state tax.
All out-of-state purchases with Cajun Custom Rods® or Cajun Rods® are not required to pay Florida Sales and Use or County tax, but are however, liable to ensure that each customer is responsible for their requisite state, county, or similar municipal payments for their particular region/location.
For additional information regarding Florida State Sales and Use tax, please visit the Florida Department of Revenue website at: http://dos.myflorida.com.
Shipping and Payment:
All orders shall be shipped following completion of build and manufacture. All payments shall be paid in full prior to beginning work. Shipping charges shall normally be processed immediately. You shall receive an email invoice for the total purchase, including shipping on all orders (taxes apply per above tax policy and law).
All orders shall be shipped via customer selected FEDEX Ground service, fully insured. All shipping costs for orders shall be charged to the customer, including any associated with oversize shipments, additional handling, other shipping services or shipments to destinations outside of the continental United States.
Once payment is verified received, your order shall be placed in a “Processing” status until release of your order with FEDEX as the carrier. On processing completion, your order shall be shipped and a confirmation email from Cajun Custom Rods®/Cajun Rods® will notify you that your merchandise is enroute.
Federal Sportfishing Excise Tax:
As of 30 September 2005, all fishing rods prices include a flat-rate Federal Sportfishing Excise Tax of $10.00 (US), which shall be paid by seller and is already included in the purchase price of all Cajun Custom Rods® and Cajun Rods® fishing rod products. The money collected from the Federal Sportishing Excise Tax (Wallop-Breaux Tax) is distributed among the Fish and Wildlife Departments of all 50 states. For additional information regarding the Federal Sportfishing Excise tax, please visit: http://www.irs.gov/businesses/Federal Sportfishing Excise Tax.
All returned merchandise must be received by Cajun Custom Rods®/Cajun Rods® in the same condition as shipped by us, and no later than 10 calendar days from the date of our invoice. Cajun Custom Rods®, Inc. either will credit the purchase price of each returned item to your account or replace the item of similar value. If the merchandise is returned due to failure or our mistake, Cajun Custom Rods®/Cajun Rods® will reimburse you for return shipping costs.
For additional questions regarding rod/merchandise returns or about the Cajun Custom Rods®/Cajun Rods® Warranty, please visit our Warranty page.
Copyright and Trademark:
All electronic images and/or mark(s) located within the Cajun Custom Rods®/Cajun Rods® website (www.cajuncustomrods.com) are the sole property of Cajun Custom Rods®, Inc. and shall not be copied, distributed or redistributed without explicit written permission from Cajun Custom Rods®, Inc.
All electronic images and proprietary technology as described herein the Cajun Custom Rods®, Inc. website (www.cajuncustomrods.com) of affiliate, partner, or branded corporations, manufacturers, or retailers are the sole register of those entities. Reproduction, distribution, or copy of these corporate holdings and register is not authorized without explicit permission from the respective corporation.
Failure to adhere to these guidelines shall result in the full extent of direct legal action and proceedings in accordance with laws set forth by the State of Florida by Cajun Custom Rods®, Inc. and representation therein by Cajun Custom Rods®, Inc. Please report violations of these guidelines directly to: firstname.lastname@example.org.
Gifts, Giveaways, Promotions, and Contestant Rules:
Cajun Custom Rods®, Inc., its subsidiaries and affiliated companies (collectively, the “Company”), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
The Company, shall at its sole discretion and may from time to time conduct contests concurrently and simultaneously on both the Company’s website or affiliate website pages as well as social network or similar broadcast media to include radio, web/internet, or periodicals/magazines/and similar published media, not owned by the Company, and in various states. the Company may add or remove participating media or broadcast outlets of any affiliate or non-affiliate at any time to provide contests to compete for promotional articles and merchandise, to include fishing rods. As such, the Company, and at the sole discretion of the Company, shall adhere to the following policy governing contests:
1. Prize(s). The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be redeemed from the the Company within ten (10) days of the contest end date unless otherwise stated in the contest’s official rules. Certain prizes are date specific (i.e. shows, hosted tournament spots, etc.) and the winner or winners must be available on the dates specified. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right, and at the Company’s sole discretion, to determine an alternate winner or not to award that winner’s prize.
2. Eligibility and Limitations. Participants and winner(s) must be U.S. residents. Unless specified in contest rules, ALL winner(s) must be 18 years in age – at no time are exceptions allowed or eligible to compete. In the event that the Company learns of an ineligible winner (less than 18 years of age), the Company reserves the right to refuse to award a prize to or on behalf of any minor. Unless otherwise stated in the official contest rules, only one (1) entry per person is allowed. Only one (1) prize per household for the Contest. Only one (1) prize per household from the Company within any one hundred eighty (180) day period. If the contest involves contestant participation by voting on the Company’s website, affiliate websites, or non-affiliate websites, then the voting is limited to one (1) vote per eligible person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Company reserves the right to disqualify the contestant in its sole discretion. Employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of other supporting organizations or affiliates, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related. Contestants shall be liable for shipping if outside the contiguous United States and such contestants shall pay for any and all shipping charges, duties, taxes, or otherwise shipping fees to receive their prize(es). The Company does not ship prizes to P.O. Box or overseas addresses for any reason whatsoever. Contestants must provide a residential or similar valid shipping address by which to receive awarded prize(es). In any case, the Company may at its sole discretion, elect to choose another eligible winner due to unforeseen or unknown consequence in logistics as a result of contestant desired shipping location.
3. Telephone and Delivery Disclaimer. If a contest is a call in to win contest and/or a telephone is needed to participate in the Contest, participants are restricted to the use of ordinary telephone equipment. Participants that enable the “Caller ID” block function will not be allowed to participate unless they enter their correct area code and telephone number if prompted, or disable the features inhibiting their participation in the Contest. Participants using equipment not set up for toll free phone exchanges (800, 888, 877, 866, etc.) may experience call connection problems. The Company disclaims all liability for the inability of a participant to complete or continue a telephone call due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Company’s control, or otherwise. For all contests the Company disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Contest, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest. Entry forms in a register-to-win contest must be handwritten. No photocopies or mechanical reproductions of entry forms is permitted.
4. Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per verified email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Company reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
5. Publicity: Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names, characters, photographs, voices, videotape, and likenesses in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Contest to third parties and use such information for marketing and other purposes.
6. Consumer Created Content. If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the Company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
7. Release. By participating in the Contest, each participant and winner waives any and all claims of liability against the Company, its employees and agents, the Contest’s sponsors and their respective employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the Contest, or from the use of any prize. In order to receive a prize, participants must sign an official waiver form provided by the Company.
8. Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules. Each winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
9. Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by both Federal and the State of Florida laws.
10. Miscellaneous. Void where prohibited. Odds of winning depend upon the number of participants. Each winner must submit proof of eligibility and sign the Company’s release form to claim the prize. The Company may substitute prizes, amend the rules or discontinue the Contest at any time as announced by the Company and via the means and media which the Company chooses, at its sole discretion. The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the Contest. For a copy of the rules, or where required by law, a list of winners, visit the Company’s website. All entries become the property of the Company and will not be returned for any reason whatsoever.
11. Compliance with Law. The conduct of the Contest is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein. The Company shall follow the applicable laws for conducting contests, including notice to the state attorney general or consumer affairs office, posting of a prize bond, furnishing lists of winners, running specific on-air disclaimers, providing specific written information about the Contest, etc. as required by local and state law.