Terms of Service
Version: 1.1
Last Updated: February 2, 2026
Agreement to Terms
Company: Backyahd BBQ, LLC, Seattle, WA, United States
These Terms of Service ("Terms") govern your access to and use of the Backyahd BBQ giveaway platform and related services ("Services") operated by Backyahd BBQ LLC ("Company," "we," "us," or "our").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. Registration requires explicit agreement to Terms and Privacy Policy via checkbox, and we track your consent with date and time stamps. If you do not agree to these Terms, you may not use our Services.
Questions? Contact us at jonny@backyahdbbq.com
1. Eligibility
Age Requirement
You must be 18 years of age or older to use our Services and participate in giveaways.
By using our Services, you represent and warrant that you meet this age requirement. We reserve the right to verify your age and disqualify any participant who does not meet this requirement.
Geographic Restrictions
Eligibility for specific giveaways may be restricted by geographic location based on:
- State sweepstakes registration requirements and prize value thresholds
- Shipping restrictions imposed by brand partners or carriers
- International trade and export control laws
Automatic State Exclusions
To avoid burdensome registration and bonding requirements, we automatically exclude certain states from giveaways exceeding specific prize value thresholds:
- Rhode Island: Total prize value > $500
- Florida: Total prize value > $5,000
- New York: Total prize value > $5,000
State exclusions are calculated automatically and disclosed in each giveaway's official rules. This is standard industry practice and complies with applicable law.
Geographic restrictions will be clearly stated in each giveaway's official rules. Entering a giveaway for which you are not eligible may result in disqualification and forfeiture of any prize.
Account Eligibility
To use our Services, you must:
- Provide accurate, current, and complete information during registration
- Maintain one account per person (duplicate accounts are prohibited)
- Have a valid Instagram account for giveaway entry verification
- Not be prohibited from using our Services under applicable law
2. Account Responsibilities
Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
- Using strong passwords and enabling multi-factor authentication when available
We are not liable for any loss or damage arising from your failure to protect your account credentials.
Accurate Information
You agree to provide and maintain accurate, current, and complete information in your account, including:
- Name: Legal name for prize delivery
- Email: Valid email address for notifications
- Mailing Address: Accurate shipping address (if you win a prize)
- Instagram Username: Active and valid Instagram account
Important: Providing false information may result in disqualification, forfeiture of prizes, and termination of your account.
Account Suspension and Termination
We reserve the right to suspend or terminate your account at any time, without notice, for:
- Violation of these Terms
- Fraudulent activity or abuse of our Services
- Multiple duplicate accounts
- Providing false or misleading information
- Engaging in prohibited conduct (see Section 3)
You may terminate your account at any time by contacting jonny@backyahdbbq.com. Upon termination, your account data will be deleted in accordance with our Privacy Policy.
3. Prohibited Conduct
Zero Tolerance Policy
The following activities are strictly prohibited and will result in immediate account termination, disqualification from all giveaways, and potential legal action:
- Fraud: Using fake accounts, bots, scripts, or automated tools to enter giveaways multiple times
- Multiple Accounts: Creating or using more than one account to gain unfair advantage
- False Information: Providing fraudulent names, addresses, or contact information
- Account Sharing: Allowing others to use your account or entering giveaways on behalf of others
- System Abuse: Attempting to hack, manipulate, or bypass our fraud prevention systems
- Prize Resale: Entering giveaways with the intent to resell prizes for profit (unless explicitly permitted)
Additional Prohibited Activities
You may not:
- Violate any applicable local, state, national, or international law
- Harass, threaten, or abuse other users or our staff
- Impersonate any person or entity
- Transmit viruses, malware, or harmful code
- Interfere with or disrupt our Services or servers
- Collect or harvest personal information about other users
- Use our Services for commercial purposes without authorization
4. Giveaway Rules
Entry Methods
Giveaway entries may be collected through various methods, including:
- Social Media Entry: Engaging with our content on Instagram, TikTok, YouTube, or Facebook (e.g., commenting, sharing, liking)
- Direct Entry: Entering through our website by providing your Instagram username
- Alternate Entry Method: Some giveaways may offer no-purchase or no-social-media entry options (check official rules)
Entry methods and requirements are specified in each giveaway's official rules. Entries that do not comply with the stated rules will be disqualified.
Winner Selection
Winners are selected through one of the following methods:
- Random Drawing: Winners selected randomly from all eligible entries using a verified random selection tool (default method)
- Skill-Based: Winners selected based on creativity, originality, or other judged criteria (if specified in official rules)
Winner selection method, odds of winning, and drawing date will be disclosed in each giveaway's official rules.
Winner Notification and Verification
If you win a giveaway, you will be notified via:
- Instagram direct message (DM) to the Instagram account used for entry
- Email to the address associated with your account (if applicable)
Verification Requirements:
- Winners must respond within 48 hours to claim their prize
- Winners must verify their identity and eligibility
- Winners must provide accurate shipping information
- Winners may be required to sign an affidavit of eligibility and liability release
Failure to respond or comply with verification requirements within the specified timeframe will result in forfeiture of the prize, and an alternate winner may be selected.
Prize Fulfillment
Once verified, prizes will be fulfilled as follows:
- Shipping: Prizes will be shipped to the mailing address provided by the winner via USPS, UPS, FedEx, or DHL
- Delivery Timeframe: Prizes typically ship within 7-14 business days (may vary based on brand partner and shipping location)
- Shipping Costs: All shipping costs are covered by us or the brand partner (unless otherwise stated)
- Customs and Duties: Winners outside the United States are responsible for any customs fees, duties, or taxes imposed by their country
- No Substitution: Prizes cannot be transferred, assigned, substituted, or redeemed for cash (unless required by law)
Official Rules
Each giveaway has its own Official Rules that supplement these Terms. Official Rules include giveaway-specific details such as:
- Entry period (start and end dates)
- Eligibility restrictions (geographic, age, etc.)
- Prize description and approximate retail value (ARV)
- Winner selection method and odds of winning
- Entry methods and requirements
In the event of a conflict between these Terms and a giveaway's Official Rules, the Official Rules will control for that specific giveaway.
5. Intellectual Property
Our Content
All content on our Services, including but not limited to text, graphics, logos, images, videos, software, and design, is the property of Backyahd BBQ LLC or our licensors and is protected by copyright and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our content without our prior written consent.
User-Generated Content
By entering a giveaway or submitting content to our Services (e.g., photos, videos, comments, testimonials), you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to:
- Use, reproduce, modify, adapt, publish, and display your content
- Incorporate your content into promotional materials, social media, and marketing
- Sublicense your content to brand partners and affiliates
You represent and warrant that you own or have the necessary rights to grant this license, and that your content does not violate any third-party rights or applicable laws.
Brand Names
"Backyahd BBQ," "BackyahdBBQ," our logos, and other marks used on our Services are the property of Backyahd BBQ LLC. You may not use our brand names or logos without our prior written consent.
6. Affiliate Marketing Disclosure
FTC Disclosure
In accordance with the Federal Trade Commission's guidelines on endorsements and testimonials, we disclose the following:
Some links on our website are affiliate links. When you click these links and make a purchase, we may earn a commission at no additional cost to you.
Our Affiliate Relationships
We participate in affiliate programs with:
- Amazon Associates: Product links to Amazon.com may earn us referral fees
- ShareASale: We are affiliated with various BBQ and cooking equipment brands
- Direct brand partnerships: ThermoWorks, Heritage Steel, and other brands may provide affiliate commissions or sponsored products
Our Commitment
- Affiliate relationships do not influence our product reviews or recommendations
- We only recommend products we genuinely believe provide value
- Product reviews are based on our honest opinions and hands-on testing
- We clearly disclose when content is sponsored or when we received products for free
7. Brand Partner Accounts
If you register for a Brand Partner account (for businesses sponsoring giveaways), the following additional terms apply:
Brand Verification
- Brand accounts require verification of business identity
- We may request business documentation or website ownership verification
- Approval is at our sole discretion; we reserve the right to reject any brand application
- Pending brands have limited access until verified
Brand Responsibilities
- Provide accurate information about your brand and products
- Fulfill all giveaway prizes as agreed
- Respond to winner notifications within 48 hours
- Ship prizes within the timeframe specified in giveaway rules
- Comply with all applicable advertising and sweepstakes laws
Giveaway Submission and Approval
All brand-sponsored giveaways are subject to our review and approval. We may reject giveaways that:
- Violate applicable laws or regulations
- Feature prohibited products (weapons, tobacco, etc.)
- Contain misleading or deceptive claims
- Do not align with our brand values or audience
8. Disclaimer of Warranties
Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.
We disclaim all warranties, including but not limited to:
- Merchantability: We do not warrant that our Services will meet your requirements or expectations
- Fitness for a Particular Purpose: We do not warrant that our Services are suitable for any specific use
- Accuracy: We do not warrant that information on our Services is accurate, complete, or current
- Uninterrupted Service: We do not guarantee that our Services will be error-free, secure, or available at all times
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
9. Limitation of Liability
To the maximum extent permitted by law, Backyahd BBQ LLC and its officers, directors, employees, agents, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages arising out of your use of or inability to use our Services
- Loss of profits, revenue, data, or business opportunities
- Damages resulting from prize defects, delays, or non-delivery
- Damages caused by third-party brand partners, shipping carriers, or other service providers
- Unauthorized access to or alteration of your account or data
Our total liability to you for all claims arising out of or relating to our Services shall not exceed $100 USD or the value of the prize you won, whichever is greater.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Backyahd BBQ LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of:
- Your violation of these Terms
- Your violation of any third-party rights (e.g., intellectual property, privacy)
- Your fraudulent or prohibited conduct
- Your user-generated content
10. Dispute Resolution
Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at jonny@backyahdbbq.com and attempt to resolve the dispute informally for at least 30 days.
Binding Arbitration (Optional)
If informal resolution fails, any dispute arising out of or relating to these Terms or our Services may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
Arbitration will be conducted in Seattle, Washington or remotely via video conference.
Note: This arbitration clause is optional and does not waive your right to pursue small claims court actions or your right to opt out (see below).
Class Action Waiver
You agree to bring any claims against us individually and not as part of a class action, collective action, or representative proceeding.
Opt-Out Right
You may opt out of the arbitration clause by sending written notice to jonny@backyahdbbq.com within 30 days of first using our Services. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
11. Governing Law
These Terms and your use of our Services are governed by the laws of the State of Washington, United States, without regard to its conflict of law principles.
Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in King County, Washington, and you consent to the personal jurisdiction of those courts.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Updating the "Last Updated" date at the top of this page
- Posting a prominent notice on our website
- Sending an email notification (for significant changes affecting your rights)
Your continued use of our Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services and close your account.
13. Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and any giveaway Official Rules, constitute the entire agreement between you and Backyahd BBQ LLC regarding your use of our Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms at any time without restriction.
Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, or labor disputes.
14. Contact Information
If you have questions, concerns, or requests regarding these Terms, please contact us:
Email: jonny@backyahdbbq.com
Contact Form: backyahdbbq.com/contact
Company: Backyahd BBQ LLC
Location: Seattle, WA, United States
Terms of Service Version: 1.1
Effective Date: February 2, 2026
Last Reviewed: February 2, 2026
These Terms of Service govern your use of the Backyahd BBQ giveaway platform. For information about how we collect and use your personal information, please see our Privacy Policy.
