icon-account icon-glass

Fogo Premium Hardwood Lump Charcoal - Terms & Conditions


TERMS & CONDITIONS

12 Days of Giving

PROMOTION: FOGO’s 12 Days of Giving consists of 12 giveaways over a consecutive 12 days in which each giveaway will have its own set of rules in order to enter. The user must complete all conditions detailed on each post to be eligible to win.

DATES OF PROMOTION: Fogo Charcoal (“Sponsors”) FOGO’s 12 Days of Giving (the “Promotion” begins at 9:00 am Eastern Time (EST) on Sunday, December 1, 2019 and ends at 11:59 pm Eastern Time (EST) Thursday December 12, 2019 (the “Promotion Period”).

Entries can be submitted from the start of the Promotion Period up until 11:59 pm Eastern Time (EST) on Thursday December 12, 2019 (the "Entry Period"), contestants will be able to enter once per day during the Promotion Period. 

Each giveaway will last 24 hours. After the entry period, FOGO will choose a random winner for each giveaway within 24 hours of the finish period. 

ELIGIBILITY: The Promotion is open to any legal U.S. residents residing in any of the 50 United States and the District of Columbia, who are 18 years of age or older. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Fogo Charcoal and its respective parent company,  divisions, affiliates, contractors, subsidiaries, distributors, sales representatives, retailers, advertising and promotion agencies, and any others engagement in the development, production, execution or distribution of this Promotion are not eligible.

FOGO Charcoal has the right to disqualify any entry that it deems fraudulent or has any reason to suspect that the submission does not abide by the rules. 

If one person wins one giveaway, they will not be eligible to win any of the following days of the FOGO 12 Days of Giving, and FOGO Charcoal has the right to choose another winner at random.

HOW TO ENTER:

  • Check FOGO Charcoal Facebook Profile to see the conditions of each giveaway. All requirements need to be met to be considered for the prize.

Multiple entries allowed. Prizes will be awarded from December 2nd to the 13th of 2019. Entries posted after the end of the Promotional Period will not be eligible to win. In the event of a dispute regarding the identity of the personal submitting an entry, the entry will be deemed submitted by the person in whose name the email account is registered. Entries will be deemed made by the authorized holder of the Facebook account that completed the required activity. Make sure to follow @FogoCharcoal on Facebook so we can send you a direct message if you win.

WINNING & NOTIFICATION: Fogo Charcoal will contact the winner via Facebook Direct message to the account that submitted the winning entry. In the event that the winner does not claim his or her prize one week after receiving notification, a new winner will be selected based on the criteria outlined above.

PRIZE: There are 16 total prizes in the FOGO 12 Days of Giving. Each prize will be announced via Facebook post on the day of the activity.

No prize substitutions except at Sponsor’s sole discretion or as otherwise provided herein. The value of the prize may be taxable as income and Winners are solely responsible for any taxes on the prize, including, but not limited to all applicable federal, state and local taxes if applicable. No more than the number of prizes set forth in these Official Rules will be awarded (16).

PRIVACY STATEMENT: Entering the Promotion constitutes permission for the Sponsor and its agencies to use participants’ photo, caption, email, any accompanying material, and names (first name and last initial) for the purpose of advertising or promotion via consumer newsletter and social media channels (Instagram/Twitter/Facebook/Google+/Pinterest) without compensation, unless prohibited by law. Should the company choose to use this content for promotional purposes, entrant is not entitled to compensation or credit.

NO LIABILITY: By participating, entrants agree to release, discharge, indemnify and hold harmless the Sponsor, Facebook and Promotion Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by winners, entrants, or any other third parties, related in any way to the operation of this Promotion as well as any other claims, damages or liability due to any injuries, damages or loss to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse of use of any PRIZE or participation in any Promotion (related activity or participation in this Promotion.)

FURTHER INFORMATION & WINNERS LIST REQUEST: Participants can have further information about the Promotion and receive notice of the PRIZE winner by contacting Email: sales@FogoCharcoal.com by November 30th, 2019. SPONSOR: Fogo Charcoal, 635A W 18th Street, Hialeah, FL 33010. This offer shall not be published without the written permission of the Sponsor.

NO PURCHASE NECESSARY

1 Year of Free FOGO

PROMOTION: 1 Year free of FOGO consists of users participating by submitting a photo with FOGO Santa’s bag of coal to Instagram and tagging us @FOGOCharcoal and using the hashtag #FOGOsNaughtyList on their post. The user will be able to win 1 year free of FOGO Charcoal that is equivalent to 12 bags of FOGO Super Premium 35lbs.

DATES OF PROMOTION: Fogo Charcoal (“Sponsors”) 1 Year free of FOGO (the “Promotion” begins at 8:00 am Eastern Time (EST) on Friday, November 29th, 2019 and ends at 11:59 pm Eastern Time (EST) Tuesday December 31st, 2019 (the “Promotion Period”).

Entries can be submitted from the start of the Promotion Period up until 11:59 pm Eastern Time (EST) on Tuesday December 31st, 2019 (the "Entry Period"), contestants will be able to enter multiple times. 

ELIGIBILITY: The Promotion is open to any legal U.S. residents residing in any of the 50 United States and the District of Columbia, who are 18 years of age or older. Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in the same household, whether related or not) of Fogo Charcoal and its respective parent company,  divisions, affiliates, contractors, subsidiaries, distributors, sales representatives, retailers, advertising and promotion agencies, and any others engagement in the development, production, execution or distribution of this Promotion are not eligible.

FOGO Charcoal has the right to disqualify any entry that it deems fraudulent or has any reason to suspect that the submission does not abide by the rules. 

HOW TO ENTER:

  • Take a photo with FOGO Santa’s Bag of Coal, post it on Instagram, tagging @FOGOCharcoal and use the hashtag #FOGOsNaughtyList.

Multiple entries allowed. Winner will be announced on January 5th 2020. Entries posted after the end of the Promotional Period will not be eligible to win. In the event of a dispute regarding the identity of the personal submitting an entry, the entry will be deemed submitted by the person in whose name the email account is registered. Entries will be deemed made by the authorized holder of the Instagram account that completed the required activity. Make sure to follow @FogoCharcoal on Instagram so we can send you a direct message if you win.

WINNING & NOTIFICATION: Fogo Charcoal will contact the winner via Instagram Direct message to the account that submitted the winning entry. In the event that the winner does not claim his or her prize one week after receiving notification, a new winner will be selected based on the criteria outlined above.

PRIZE: There is 1 prize for the 1 Year Free FOGO activity. This consists of 12 bags of FOGO Super Premium 35lbs.

No prize substitutions except at Sponsor’s sole discretion or as otherwise provided herein. The value of the prize may be taxable as income and Winners are solely responsible for any taxes on the prize, including, but not limited to all applicable federal, state and local taxes if applicable. No more than the number of prizes set forth in these Official Rules will be awarded (16).

PRIVACY STATEMENT: Entering the Promotion constitutes permission for the Sponsor and its agencies to use participants’ photo, caption, email, any accompanying material, and names (first name and last initial) for the purpose of advertising or promotion via consumer newsletter and social media channels (Instagram/Twitter/Facebook/Google+/Pinterest) without compensation, unless prohibited by law. Should the company choose to use this content for promotional purposes, entrant is not entitled to compensation or credit.

NO LIABILITY: By participating, entrants agree to release, discharge, indemnify and hold harmless the Sponsor, Instagram and Promotion Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims made by winners, entrants, or any other third parties, related in any way to the operation of this Promotion as well as any other claims, damages or liability due to any injuries, damages or loss to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse of use of any PRIZE or participation in any Promotion (related activity or participation in this Promotion.)

FURTHER INFORMATION & WINNERS LIST REQUEST: Participants can have further information about the Promotion and receive notice of the PRIZE winner by contacting Email: sales@FogoCharcoal.com by November 30th, 2019. SPONSOR: Fogo Charcoal, 635A W 18th Street, Hialeah, FL 33010. This offer shall not be published without the written permission of the Sponsor.

NO PURCHASE NECESSARY

-----

OVERVIEW

This website is operated by FogoCharcoal.com. Throughout the site, the terms “we”, “us” and “our” refer to FogoCharcoal.com. FogoCharcoal.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Terms & Conditions
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY “AGREEMENT”) CAREFULLY BEFORE USING OR ORDERING FROM THIS WEBSITE. BY USING OUR SERVICES OR CONTINUING TO NAVIGATE OUR WEBSITE YOU ARE AGREEING TO OUR TERMS OF SERVICES. IF YOU DO NOT AGREE WITH OUR TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE.

All Sales are made by FogoCharcoal.com and are Governed by our Terms and Conditions of Sale, set forth as follows:

1. SITE USE AND CONTENT:
You may view images from this site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from this site without the express permission of FogoCharcoal.com. At any time FogoCharcoal.com may without notice make changes to this site or to the services or products described in this site.

2. RESTRICTIONS:
Information and images contained in this site are copyrighted. Title to images and all associated intellectual property rights is retained by FogoCharcoal.com and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of any of the images except for personal, non-commercial purposes. No right, title or interest in or to any trademark, service mark, logo or trade name of FogoCharcoal.com or its licensors is granted under this Agreement.

3. PRICE:
There shall be added to the prices shown, the amount of any sales, use, or other taxes however designated, levied or based on such prices or on this Agreement or the sale or use of the property sold hereunder (hereafter the “equipment”), including state and local privilege or excise taxes based on gross revenue and any taxes or amounts in lieu thereof paid or payable by Seller in respect of the foregoing, exclusive however of taxes based on net income. Any personal property taxes assessable on the equipment from the date of acceptance of this Agreement shall be borne by the Customer. Seller reserves right to charge 1.5% interest per month on all invoices unpaid after the Due Date.

4. RETURNS:
It is the Customer’s responsibility to assure the quality all goods received. All sales are final except for damaged or defective goods. Contact customer service if you need to make a return. Returned Material Authorization (RMA) must be granted for all returned goods. In order to receive a refund credited to your bank account, your order must have been placed no more than 30 days from when a refund is requested. For your security, the refund must be credited back to the card used to purchase. In the event that your credit card has expired or has been cancelled, store credit will be issued. After 30 days a check will be issued to the name of the person of the billing account contact.

Our system is designed to provide security to our customers, and as a result, does not save any credit card information. After 30 days, we may no longer have the ability to issue a refund to your order through our merchant processing company. We do not manually accept credit cards for security reasons.

5. RISK OF LOSS AND INSURANCE:
All sales to customer are FOB shipment origin. All risk of loss and destruction of or damage to all products by reason of theft, fire, water or any other cause shall pass to Customer upon shipment of the equipment to the Customer, and the occurrence of any such casualty shall not relieve the Customer from making payment of the balance of the purchase price.

6. DISCLAIMER AND LIMITATIONS OF LIABILITY:
Sellers liability to the customer for any loss, damage or expense of any kind, resulting from, but not necessarily limited to, any defect of any product, the use, or any other cause whatsoever, regardless of the form of action, whether in tort or in contract, shall be limited to the actual charge listed on the face of this agreement without interest. B. Sellers will in no event be liable for lost profits or other consequential damages even if seller or its representatives have been advised of the possibility of such damages or for any claim against the customer by any other party. C. Seller will in no event be liable for any loss, damage, or expense of any kind resulting from seller or any of its employees, representatives or sales persons rendering technical or other advice or representation in connection with the performance of any computer hardware, computer software, computer printers, media used by those printers or any combinations thereof unless it is specifically contained in this agreement.

7. INDEMNITY:
Customer shall indemnify Seller against and hold Seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney’s fees, arising in connection with the customer’s personal use of any product purchased from the Seller.

8. GOVERNING LAW:
This Agreement will be governed by the laws of the State of Florida, and any action brought pursuant to this agreement shall be brought in Miami, Florida.

9. PLACE OF PAYMENT:
All payments to be made by Customer to Seller under the terms of this contract are to be made at the Seller’s place of business as set forth on the face of this document, or such other place as the Seller shall direct.

10. ATTORNEY’S FEES AND COSTS OF REPOSSESSION:
In the event it becomes necessary for Seller to enforce the terms and conditions of this Agreement, including Seller’s disclaimers and limitations of liability, Seller shall be entitled to recover all of its costs including all costs of repossession, and actual attorney’s fees in all manner of collection and in trial and appellate levels.

11. INABILITY TO PERFORM:
Seller shall not be required to perform its obligations under this Agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment, contingencies, power failures, laws, regulations, ordinances, acts or orders of any governmental agency or official thereof, or any cause not within the control of Seller.

12. LIQUIDATED DAMAGES:
All payments and deposits made by the customer as set forth in this agreement are non-refundable and shall constitute liquidated damages in the event of a customer’s default, since the amount of damages is incapable of being ascertained.

13. VALIDITY OF AGREEMENT:
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

14. CUSTOMER:
Understands and agrees that neither Seller nor any of its salespersons or employees are agents for any finance company utilized by the Customer in the purchase or lease of the property listed on the face hereof.

15. AGREEMENT:
This Agreement contains the entire Agreement between the parties hereto with respect to products purchased. No promise, representation, warranty or covenant not included in Agreement has been or is relied on by either party. Each party has relied on its own examination of this Agreement and the provisions hereof and the counsel of its own advisors. The failure or refusal of either party to inspect the agreement or other documents or the failure to obtain legal or other advice relevant to this transaction constitutes a waiver of any objections, contentions, claims that might have been based upon such reading, inspection or advice. No modification or amendment to this Agreement shall be of any force or effect unless in writing executed by the Customer and authorized representative(s) of Seller. This Agreement is not assignable by Customer without the prior written consent of Seller. The placement of an order with Seller, or the delivery or acceptance of products or service from Seller constitutes acceptance of above terms.

16. CUSTOMER COVENANTS:
that the Customer has the right to reproduce any images provided to seller. The Customer shall indemnify and hold the Company harmless for any claims that may results from any licensing or copyright issues arising from the reproduction of any images at the request of the Customer.

17. PRIVACY:
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address, cookie information and the pages(s) you visited. We will not sell your personally identifiable information to anyone.

18. SECURITY:
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.

Credit card information for web orders is protected in the following ways:

128-bit encryption to and from the servers and web browser.
Credit card numbers are not stored in our database. We keep on file only the last 4 digits to verify the card that was used.
Once the information is transmitted to our servers for processing, we use encryption in the back end to transmit the request to our payment processor to verify the credit card and place an authorization for the order total.
If the authorization, address verification and risk assessment all clear, the order is accepted and a unique ID is associated with the order for purposes of billing the previous authorization. This ID contains no identifiable link to the credit card number.

19. FOGO REWARDS TERMS OF USE

For the Fogo Rewards Terms of Use click here.

20. SALES AND SPECIAL DISCOUNTS

Promo codes and offers apply to the value of the order for eligible items, excluding shipping costs and taxes, for online orders at FogoCharcoal.com. Limited to in stock items at the time of purchase. Excludes gift cards and bundles. Discount applied in the shopping cart upon checkout. Other exclusions or restrictions may apply. Limit one (1) discount code per purchase unless otherwise noted. Not valid on prior purchases. Offers may not be combined with any other sale, promotion, discount, code, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred or assigned. Void where prohibited, taxed or restricted by law. Returns of any portion of the purchase will require equal forfeiture of offer or amount equal to offer. FogoCharcoal.com has the right to end or modify any promotion at any time without notice. Prices subject to change. FogoCharcoal.com reserves the right to reject orders that violate any of the restrictions listed above. 

21. CONTACT INFORMATION:

Questions about the Terms of Service should be sent to us at service@fogocharcoal.com.


--------------------------------------


x