SurvivorClub Terms and Conditions

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SurvivorClub Terms and Conditions

Program Description:

If you use your ACR or ARTEX 406 MHz EPIRB, ELT, Personal Locator Beacon, or Bivy Stick in a lifesaving emergency that results in a life being saved by search and rescue personnel, ACR Electronics, Inc. (ACR) will replace your beacon with a new beacon of equal or greater value (hereinafter, the “Program”) subject to the terms and conditions described herein.

How To Participate:

To request your replacement, please visit http://www.survivorclub.com and submit your rescue story along with a photo or video related to the rescue. You must also mail your existing 406 MHz beacon (it is not necessary to return a Bivy Stick), along with its corresponding proof of registration, to ACR Electronics, Inc., Re: 406 Survivor Club, 5757 Ravenswood Road, Fort Lauderdale, FL 33312. For 406 MHz beacons, once we verify your rescue with the proper authorities, we will mail you a new beacon of equal or greater value, provided all other terms and conditions have been met. For Bivy Stick customers, once we verify your rescue we will provide the complementary airtime as described in these terms & conditions provided all other terms and conditions have been met. For more information visit: http://www.survivorclub.com.

By participating, you agree to be bound by the requirements of ACR in regard to the Program, including these terms and conditions. You also certify that you are 13 years of age or older at the time of submission. ACR’s decisions will be final on all matters relating to the Program.

Additional Terms:

The Program will be subject to the following additional terms and conditions:

  1. The beacon used in an actual emergency rescue must be a 406 MHz EPIRB, 406 MHz Personal Locator Beacon,406 MHz Emergency Locator Transmitter, or ACR Bivy Stick manufactured by ACR Electronics Inc.
  2. 406 MHz EPIRB/PLB/ELT must have been properly registered with the national authorities in the user’s country of residence prior to emergency activation.
  3. 406 MHz registration is quick, easy, and free. Unregistered 406 MHz beacons do not qualify. For more information about registering your 406 MHz beacon visit https://www.acrartex.com/register-beacon/
  4. 406 MHz EPIRB/PLB/ELT must have valid batteries. 406 MHz Beacons with batteries that have expired, as indicated by the battery replacement date on each beacon, do not qualify.
  5. The program is for replacement beacons only. Beacon accessories such as ELT antennas, ELT remote switches, installation costs, etc. are not covered by this Program.
  6. 406 MHz beacons must be returned to ACR at ACR Electronics, Inc., Re: 406 Survivor Club, 5757 Ravenswood Road, Fort Lauderdale, FL 33312. Beacons lost during rescue will be handled on a case-by-case basis at the discretion of ACR
  7. ACR has the right to verify details of the rescue with the proper authorities. Participants will fully cooperate with ACR in this regard and promptly provide any information requested by ACR.
  8. ACR will replace your 406 MHz beacon with a new beacon of equal or greater technology as determined by ACR in its sole discretion and subject to availability. Limit one replacement per person. Replacement beacons will not be eligible for replacement unless used again in an emergency situation resulting in a rescue.
  9. Exclusions apply. Rescues prior to October 1, 2012, do not qualify for a new beacon.
  10. Beacons found to be activated in a non-emergency, or false activations or discharges not resulting in a lifesaving rescue, will not be honored. Any willful false activations, ACR may turn over such cases to law enforcement, or other appropriate agency(ies), and violators will be subject to fines, civil damages, and criminal penalties.
  11. ACR reserves the right to discontinue the Program at any time by posting a notice on the www.acrartex.com website.
  12. All international, federal, state, and local taxes are the sole responsibility of the participant(s).
  13. If a Bivy Stick was used during a rescue, in lieu of a replacement beacon, you will be awarded one year of the “unlimited annual” subscription. This award applies in two situations: a) When you use your Bivy Stick to get yourself rescued. b) When you use your Bivy Stick to help someone in need get rescued. This award will be added to the end of your current Bivy subscription plan.
  14. All other terms and conditions of this agreement apply to Bivy Stick usage, including but not limited to the use of personal information, publicity rights, and limitations of liability.

Use of Personal Information and Publicity:

ACR will take full ownership of all returned beacons and may display, photograph, or use such beacons for marketing or advertising purposes. ACR may also gift or loan returned beacons to customers and dealers at its sole discretion.  

Information collected in connection with the Program will be used by ACR to administer the Program and to inform participants about their products, services, promotions, and offers. In addition, acceptance of the replacement beacon constitutes permission to ACR, its affiliates, subsidiaries, licensees, and agencies, to use and license the survivor’s first name, city, state, likeness, survival story, photos, and/or video submissions, for purposes of advertising and trade without further compensation, unless prohibited by law. Notwithstanding the foregoing, participant(s) last names and other contact information such as email address, mailing address, phone number, etc., will not be made publicly available by ACR without the participant’s consent. 

The participant(s) may also be invited to make publicity appearances or attend commercial shoots, although attendance will not be mandatory. 

Limitation of Liability:

By accepting the replacement beacon, the participant agrees to hold ACR, and their respective directors, officers, employees, and assigns, harmless against any and all claims and liability arising out of the use of the replacement beacon. Participants assume all liability for any injury or damage caused or claimed to be caused, by participation in the Program or use or redemption of any replacement beacon.  

ACR is not responsible for any typographical or other error in the printing of the offer or administration of the Program. ACR is not responsible for incomplete, lost, late, damaged, illegible, or misdirected e-mails or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or any combination thereof. ACR is not liable for damage to any computer system resulting from participation in or accessing or downloading information in connection with the Program.

IN NO EVENT WILL ACR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ACR/ARTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACR/ARTEX’S AGGREGATE LIABILITY WITH RESPECT TO THE PROGRAM WILL NOT EXCEED THE VALUE OF THE REPLACEMENT BEACON. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply.

Miscellaneous:

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, ACR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding any submission, the submission will be deemed made by the original purchaser of the registered beacon. ACR reserves the right to modify the Program or disqualify a participant if fraud, misconduct, or technical failures destroy the integrity of the Program as determined by ACR, in its sole discretion. These Terms and Conditions are governed by the law of the State of Florida, excluding rules governing choice of laws. Any action, suit, or case arising out of, or in connection with, the Program or these Terms and Conditions must be brought in either the federal courts located in the Southeast District of Florida or the state courts located in Broward County, Florida.

All standard terms, conditions, and warranties applicable to the replacement beacons shall apply. In the event of inconsistencies between such terms, conditions, and warranties and these Terms and Conditions, these Terms and Conditions shall prevail.