FENCE OKC’S

STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES

FenceOKC’s customer (the “Customer”) agrees and authorizes Stiner Brothers LLC, d/b/a “FenceOKC.com, (collectively, “FenceOKC”) to perform fencing services, and to provide goods and materials, whether or not described in one or more proposals, scope of services, addenda, fee schedule, estimate, quote, project sketch, and purchase and work orders (collectively, the “Work”) under the following Standard Terms and Conditions for Goods and Services, which are expressly made a part of the agreement between Customer and FenceOKC (the “Agreement”), without liability for interruption of service, or incidental, special, or consequential damages:

Commercial Gate Installation by Fence OKC.

  1. TERMS OF AGREEMENT — The Agreement between Customer and FenceOKC comprise these terms and conditions and any specifications, drawings, samples, or other written terms and conditions, proposals, scope of services, addenda, fee schedule, and purchase and work orders approved by FenceOKC are specifically incorporated in the Agreement. Any purchase order, acknowledgment ticket, invoice, supplemental agreement, or other instrument of Customer, or acceptance of the services and goods by Customer, shall be construed as an acceptance of this Agreement. Any attempt by Customer to insert or include any different or additional terms and conditions not in conformity with this Agreement shall be invalid. If conflict occurs between this Agreement and other provisions incorporated in writing in the Agreement by FenceOKC, this Agreement shall prevail. The Agreement shall not be modified or altered by any subsequent course of performance between Customer and FenceOKC, and this Agreement shall constitute an express waiver and variance from, amendment to, or modification of, any agreement submitted by Customer to FenceOKC. In rendering any service or providing any product, FenceOKC shall be an independent contractor.
  2. PAYMENT — 50% payment is due before your fence project is placed on the schedule otherwise any delay will require a reschedule. The remaining 50% is due immediately upon completion of the Work, unless otherwise agreed to in writing by Customer and FenceOKC. Interest at eighteen percent (18%) per annum will be charged on all past due balances. Customer shall be liable for all costs and expenses, including reasonable attorney’s fees and related costs, incurred by FenceOKC to collect any past due balance.
  3. QUOTATIONS AND PROPOSALS– All quotations and proposals are made for prompt acceptance and any term quoted is subject to change without notice, unless specifically stated otherwise in the quotation or proposal. Prices quoted by FenceOKC and accepted by Customer are subject to escalation as specified in FenceOKC’s quotation. All prices are exclusive of any federal, state, or special taxes imposed on the sale or use of goods and services sold.
  4. CANCELLATION — Purchase orders once placed can be canceled only with FenceOKC’s written consent, and then only without loss to FenceOKC, including compensation to FenceOKC for all completed Work, Work in progress, and Work-related special materials, fabrication, assembly, engineering, general, and administrative expenses, subcontractor cancellation charges, and normal profits. No products associated with FenceOKC’s services may be returned for credit or adjustment without express written permission from FenceOKC. Nothing in this paragraph shall limit a qualified individual Customer’s rights under paragraph 7 of this Agreement.
  5. MODIFICATIONS – FenceOKC reserves the right to change or modify the design and construction of any products or the procedures and methods for its Work incurring no obligation to furnish or install such changes or modifications on products previously or subsequently sold or to use such procedures or methods regarding services previously or subsequently provided.
  6. LIMITED WARRANTY AND STANDARD OF CARE– FenceOKC will strive to perform the Work in a manner consistent with that level of care and skill ordinarily exercised by members of FenceOKC’s industry practicing in the same locality under similar circumstances at the time the services are performed. (A) Manufacturers’ warranties, if any, shall pass through to Customer to the extent permitted by law, and FenceOKC shall use reasonable efforts to assist Customer in contacting the manufacturer to assert warranty claims (including any type of gate opener equipment). FenceOKC shall incur no other or further obligation to Customer, and nothing shall be construed as rendering FenceOKC as an agent of Customer; (B) FenceOKC provides a Limited Warranty to the original purchasing Customer only. The Limited Warranty includes (i) free replacement wood for any Superior Eastern Red Cedar wood fence or gate, if in FenceOKC’s sole discretion and inspection at the original place of installation, the fence or gate is determined to be damaged by decay or insects within twenty (20) years from the date of the original purchase. Decay shall not include or mean any damage resulting from the effects of salt water, or Customer’s application of soil, mulch, vegetation, bark, or other moisture retaining material on the fence or gate. The Limited Warranty shall not include any other damage due to acts of God, using the wood fence or gate in a manner other than how it was designed, installed, and intended for use by FenceOKC, surface mold from weathering of the wood, or damage resulting from Customer’s alteration of the fence or gate. Customer must pay for all installation costs of the Limited Warranty replacement wood, and (ii) A one (1) year workmanship warranty on all fences and gates of any type of material sold and installed by FenceOKC, which includes a case by case inspection and determination of workmanship quality by FenceOKC, and FenceOKC shall in its sole discretion make recommendations for workmanship and installation cures, and (C) THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS PARAGRAPH IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY, UNLESS THE CUSTOMER IS AN INDIVIUAL, THEN ANY IMPLIED WARRANTIES CUSTOMER HAS SHALL BE LIMITED TO THE LENGTH OF THE LIMITED WARRANTY OUTLINED IN THIS PARAGRAPH 6(B)(ii). CUSTOMER’S SOLE REMEDY IS ADDRESSED IN PARAGRAPH 20 AND FENCEOKC’S SOLE OBLIGATION ARISING OUT OF OR IN CONNECTION WITH DEFECTS IN SERVICE, MATERIALS, OR WORKMANSHIP, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL BE THOSE STATED IN THIS PARAGRAPH.
  7. CUSTOMER RIGHT TO CANCELLATION –  An Individual Customer may cancel any time prior to midnight of the third business day after the date of the first Project Estimate with FenceOKC, if FenceOKC approached Customer at Customer’s home to initiate a sale. (16 CFR 429.1).
  8. TIME OF PERFORMANCE — Promises of performance of services or delivery of products are given as accurately as conditions permit and every effort will be made to make deliveries and perform services as scheduled. FenceOKC assumes no liability for damages arising out of failure to perform services or delivery products as scheduled. If Customer requires additional Work, inspection or testing, it shall be charged to Customer’s account and will be considered as extending the performance dates accordingly.
  9. FAILURE TO DELIVER – FenceOKC shall not be liable for failure or delay in delivery services or products due to acts of God, war, civil commotion, labor disputes and strikes, including those involving employees and agents of FenceOKC, fire, flood or other casualty, governmental action, priorities or regulations, lack of ability to obtain satisfactory raw materials, components, supplies, fuel, power or transportation, breakdown of equipment, supplier or sub-contractor delay or any other events or causes beyond FenceOKC’s control whether foreseeable or of similar or dissimilar nature than those enumerated, FenceOKC shall have such additional time within which to perform as may be reasonably necessary under the circumstances and may apportion its production and services among its customers in such manner as it may consider to be equitable. All claims regarding shortages must be made within thirty (30) days from receipt of shipment, and must be accompanied by the packing list(s) and documents covering the shipment.
  10. TRANSPORTATION COSTS — Unless otherwise specified in FenceOKC’s invoice, Customer shall pay all transportation charges for products of or sold by FenceOKC based on point of shipment or manufacture, insurance charges, and charges for stampings, bills of lading, or other documents.
  11. RISK OF LOSS — Unless otherwise agreed by FenceOKC in writing, title, and risk of loss, injury, or destruction shall pass to Customer at point of origin of the statement. Any such loss, injury, or destruction shall not release Customer from its obligation under the Agreement.
  12. CUSTOMER INDEMNIFICATION OF FENCEOKC — Customer agrees to indemnify, defend and hold FenceOKC harmless for its Work against all claims, demands, actions whether civil or administrative, liability, fines, penalties and expense, including all attorney’s fees and costs, whether based on warranty, contract, negligence, strict liability or otherwise.
  13. NONCONFORMING SERVICES, GOODS, AND/OR DISPUTED INVOICES — Customer shall notify FenceOKC in writing of any alleged nonconformity of services, goods, and/or disputed invoices tendered by FenceOKC under this Agreement within ten (10) days after receipt of the services, goods, and/or invoices. Such written notice shall provide a detailed explanation and description of the alleged nonconformity and/or dispute. If FenceOKC agrees with Customer’s nonconformity in goods and/or services assessment(s), FenceOKC shall have the right, at its sole and exclusive option, to cure the improper tender or delivery by correcting the tender or substituting tender of conforming goods and/or services within a reasonable time after receipt of Customer’s notice of nonconformity. Customer shall grant FenceOKC’s reasonable requests for extension of time to cure any improper tender. FenceOKC and Customer will cooperate in good faith to resolve any such disputes regarding invoices within ten (10) days after the dispute is submitted to FenceOKC. If such resolution of the dispute favors Customer, FenceOKC shall credit Customer for the disputed amount. If such resolution favors FenceOKC, payment is due within ten (10) business days that Customer is notified of such resolution. Customer’s failure to provide notice of nonconformity as above described shall be prima facie evidence of conformity of the goods, services, and invoices tendered by FenceOKC under the Agreement.
  14. CUSTOMER’S DUTY TO PRESERVE NONCONFORMING GOODS — Customer shall protect and preserve all allegedly nonconforming goods and shall strictly follow the reasonable instructions of FenceOKC. Customer shall incur only those expenses that are reasonable and necessary in fulfilling its obligation to protect and preserve all allegedly nonconforming goods.
  15. COVENANT AGAINST SOLICITATION OF FENCEOKC’S EMPLOYEES, CONTRACTORS, SUPPLIERS, AND CUSTOMERS: Customer, by agreeing and authorizing FenceOKC to perform the, further agrees not to, either on Customer’s own account or for any person, firm, partnership, corporation, or other entity: (a) solicit, interfere with, or endeavor to cause any employee or contractor of FenceOKC to leave employment with FenceOKC, (b) induce or attempt to induce any FenceOKC employee to breach employee’s employment agreement with FenceOKC or contractor to breach contractor’s agreement with FenceOKC, (c) solicit, induce, or attempt to solicit or induce any past or current supplier or customer of FenceOKC to: (i) cease doing business in whole or in part with or through FenceOKC, or (ii) do business with any other person, firm, partnership, corporation, or other entity which performs services materially similar to or competitive with those provided by FenceOKC. This covenant against solicitation shall remain in full force and effect for a period of twenty-four (24) months from that date FenceOKC last performs Work for the Customer.
  16. LIMITATION OF LIABILITY — The liability of FenceOKC, its agents, employees, subcontractors, and suppliers regarding all claims arising out of the performance or non-performance of FenceOKC’s obligations for the design, manufacture, sale, delivery, storage, installation, and/or use of the products sold under the Agreement, or the rendition of services, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services, and shall in no event include damages for loss of profits or revenue; loss by plant shut-down; increased expense of operation of plant or equipment; increased cost of purchasing or providing equipment, materials, supplies or services; cost of replacement power or capital; claims of Customer’s customers; inventory or use charges; or incidental or consequential damages of any nature. FenceOKC is not responsible for any damage to surface or subsurface property, including, trees, shrubs, landscaping, hardscape, and sprinkler systems, etc.
  17. LIMITATION OF LIABILITY: UTILITY LINES – FenceOKC will obtain qualified industry professionals to mark all utility and related lines related to the Work, including but not limited to, cable, internet, electric, water, and gas. FenceOKC shall not be liable for incorrectly marked or unlocatable lines of any kind.
  18. CUSTOMER WARRANTIES. The Customer represents and warrants: (a) if customer is an entity, it is duly organized, validly existing, and in good standing under the laws of its origin, with all requisite power to enter into and perform its obligations under this Agreement under its terms, (b) if Customer is an individual, Customer has performed the due diligence for installation of fences and gates within Customer’s property boundaries, and has the requisite authority to enter into and perform Customer’s obligations under this Agreement, and (c) neither Customer’s equipment nor facilities will pose a hazard to FenceOKC’s equipment, facilities, the public, or FenceOKC’s personnel, or contractors (d) Customer’s use of FenceOKC’s Work will comply and conform with all federal, state, and local laws, administrative, and regulatory requirements, and any other authorities having jurisdiction over the subject matter of this Agreement, and Customer will apply for, obtain, and maintain all registrations and certifications which may be required by such authorities.
  19. ASSIGNMENT – This Agreement and any warranties provided may not be assigned or transferred, whether by operation of law or otherwise by Customer without the prior written consent of FenceOKC.
  20. ARBITRATION/VENUE/GOVERNING LAW: FENCEOKC AND CUSTOMER AGREE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS RELATING TO THE AGREEMENT AND/OR FENCEOKC’S WORK RENDERED TO, OR EXPENSES INCURRED FOR CUSTOMER, INCLUDING BUT NOT LIMITED TO THE VALIDITY AND ENFORCEABILITY OF THIS AGREEMENT, AND ANY ISSUE RELATING TO THE ARBITRABILITY OF THIS AGREEMENT, OR ANY OTHER ISSUE OR MATTER, SHALL BE PROMPTLY RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, PURSUANT TO THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BY A SINGLE, LICENSED ATTORNEY ARBITRATOR, APPOINTED IN ACCORDANCE WITH THOSE RULES AT, AND IN OKLAHOMA COUNTY, OKLAHOMA, AND WHICH ALL COSTS, EXPENSES, AND FEES OF SAME, INCLUDING BUT NOT LIMITED TO ALL ATTORNEY FEES AND STATUTORY COSTS AND NON-STATUTORY COSTS AND EXPENSES, SHALL BE BORNE BY THE NON-PREVAILING PARTY. THE LAWS OF THE STATE OF OKLAHOMA SHALL GOVERN THE VALIDITY, CONSTRUCTION, ENFORCEMENT, AND INTERPRETATION OF THIS AGREEMENT WITHOUT REGARD TO CONFLICTS OF LAWS. THIS PARAGRAPH SHALL NOT PRECLUDE FENCEOKC FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM THE DISTRICT COURT OF OKLAHOMA COUNTY, OKLAHOMA, WHICH SHALL HAVE JURISDICTION AND VENUE OVER FENCEOKC AND CUSTOMER UNDER THIS AGREEMENT. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT BETWEEN THE FENCEOKC AND CUSTOMER REGARDING THE MATTERS DESCRIBED, AND THE FEES CHARGED, AND EXPENSES TO BE PAID, AND SUPERSEDES ALL PRIOR ORAL OR WRITTEN STATEMENTS.
  21. NOTICE TO CUSTOMER RE: LIEN DISCLOSURE — Under the Oklahoma Lien Law, any contractor, subcontractor, laborer, supplier, or other person or entity who helps to improve your property, but is not paid for his or her work or supplies, has a right to place a lien on your land, or property where the work was performed and to sue you in court to obtain payment. This means that after a court hearing, Customer’s land and property could be sold by a court officer and the proceeds of the sale used to satisfy what Customer owes. This can happen even if you have paid your contractor in full if the contractor’s subcontractors, laborers, or suppliers remain unpaid. To preserve their right to file a claim or lien against your property, certain claimants such as subcontractors or material suppliers are each required to provide you with a document called a “preliminary notice.” Contractors and laborers who contract with Customers directly do not have to provide such notice since you are aware of their existence as an owner. A preliminary notice is not a lien against your property. Its purpose is to notify you of persons or entities that may have a right to file a lien against your property if they are not paid. In order to protect their lien rights, a contractor, subcontractor, supplier, or laborer must file a mechanic’s lien with the county recorder, which then becomes a recorder lien against your property. Generally, the maximum time allowed for filing a mechanic’s lien against your property is 90 days after substantial completion of your project.
  22. RIGHT TO STOP WORK — If any payment is not made to FenceOKC, FenceOKC may, upon five (5) calendar days’ notice to Customer, suspend all Work until paid in full and may terminate the Agreement. FenceOKC shall have the right to stop Work and keep its Work idle until all past due progress payments are received. FenceOKC is excused by Customer from paying any material, equipment, and/or labor suppliers or any subcontractors (collectively called “suppliers”). If these suppliers make demand upon Customer for payment, Customer may not make such payment on behalf of FenceOKC without FenceOKC approval at which time FenceOKC may assess a late payment penalty by not reimbursing the Customer the amount paid to the suppliers. The Customer is responsible to verify the true amounts owed to FenceOKC and to these same suppliers prior to making payment. FenceOKC shall not be entitled, under any circumstances, to collect as reimbursement from contractor or supplier any amount greater than that exact amount actually and truly owned by FenceOKC to the same suppliers for Work done on Customer’s project.
  23. OUTSIDE AGENCY CIRCUMSTANCES — Any changes required by an outside governmental agency such as state or municipal governments, inspection services, or the like would be considered additional Work, which is to be paid by the Customer.
  24. INSTALLATION — Customer understands the FenceOKC may or may not install the materials. FenceOKC has the right to subcontract any part of, or all of the Work.
  25. AMENDMENTS AND CHANGED CONDITIONS — If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by FenceOKC at the commencement of this Agreement, FenceOKC shall notify Customer of the newly discovered conditions or circumstances, and Customer and FenceOKC shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, FenceOKC may terminate this Agreement and FenceOKC shall be paid for its services through the date of termination. Should Customer require any modification to the Work covered under this Agreement, any cost incurred by FenceOKC shall be added to the Work price as extra Work, and Customer agrees to pay FenceOKC its fees and costs for such extra Work. All extra Work as well as any other modifications to the original Work Agreement shall be specified, approved, and signed, by both parties in a written amendment, and may execute same in conformance with paragraph 33 below. All amendments shall become a part of, and incorporated into this Agreement.
  26. ELECTRONIC COMMUNICATIONS AUTHORIZED – FenceOKC and Customer agree to accept information, communications, and billing through electronic communications, including email, at the email address(s) provided to FenceOKC by Customer. Customer will be open and transparent with FenceOKC, keeping the FenceOKC abreast of new developments or changes that could affect the Customer’s Work. The Customer agrees to comply with all laws relating to FenceOKC’s Work, and will discuss no disagreement, dispute, arbitration, or litigated matter, the opposing party, lawyers, or judges on social media or other electronic digital forums or media without FenceOKC’s express written consent.
  27. ELECTRONIC MEDIA — Because data stored on or sent from electronic media can deteriorate undetected or be modified without FenceOKC’s knowledge, the Customer accepts responsibility for the completeness or readability of the electronic media.
  28. DELAY — FenceOKC shall not be held responsible for any damage occasioned by delays resulting from Work done by Customer’s subcontractors, extra Work, acts of Customer, or Customers agent including failure of Customer to make timely progress payments or payments for extra Work, shortages of material and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by FenceOKC or beyond FenceOKC’s reasonable control.
  29. DISPLAYING SIGNS — Customer grants to FenceOKC the right but not the obligation to display signs and advertise at the job site for the period of time starting at the date of signing of this contract, and continuing uninterrupted until fourteen (14) days past the date the job is completed and payment in full has been made.
  30. HAZARDOUS SUBSTANCES — Customer understands that FenceOKC is not qualified as a hazardous material handler or inspector or as a hazardous material abatement contractor.
  31. SEVERABILITY — If any provision is deemed illegal, unenforceable, or unconscionable, the remainder of the Agreement shall not be affected.
  32. WAIVER — Any waiver of any right or provision of this Agreement by FenceOKC shall not be construed as a waiver or bar of any such right or provision at any future time, unless expressly stated by FenceOKC in writing.
  33. SIGNATURES — The parties to this Agreement agree to accept each other’s electronic and telefax signatures as if they were originals, if such signatures are required.

© 2021, FenceOKC.com, All Rights Reserved, Version 022018.

 

Fence OKC Referral Coupon

*Cannot be combined with any other offer.  Must be over 18 years of age to participate. Only one coupon may be used per referred customer/project/fence installation.  Coupon must be presented to Fence OKC with your name, referred customer’s name/information prior to installation.  There will be no payment of any kind until the referred fence installation is complete and final payment has been made to Fence OKC.  Fence OKC reserves the right to terminate this offer without notice at any time.

Access Control

All access control systems are installed and maintained by Oklahoma State licensed technicians who are employed by State licensed companies.

Non-Payment

All warranties are void if full payment has not been received within 10 days upon project completion.  Fence OKC has a right to file a lien on property due to non-payment.

Change Orders

Change orders must be submitted in writing to fence OKC no later than 5 business days prior to project start date. Change orders submitted may result of change of install date. Change orders submitted during project installation will be subject to an additional fee. You may submit a change order at fenceokc.com/change.

Temporary Fence

Temporary fence rentals are in 6 month increments.  Minimum rental period is 6 months.  If rental is needed for longer than a 6 month period, customer will be billed for an additional increment.  All Property delivered to location under this agreement is the sole property of Fence OKC.  Once installed,  fence may not be relocated by customer for any reason other than immediate safety concerns.  If fence needs to be relocated for any reason, customer may call Fence OKC to move or adjust fence.  If fence is moved by customer, charges will incur.  If fence is removed and placed at different location, customer will be billed a separate charge for complete install.  Fence OKC does not warranty against damage by wind or other human or natural causes.  Damaged or missing equipment will be billed on final invoice as follows: Panels $80/ea, tube stands $18/ea, weighted bases $35/ea.  Should fence be knocked down or blown over due to wind or other causes resulting the need to reestablish the barrier, Fence OKC will reestablish the barrier at the cost of the initial installation minus 25% of the total.  Credit card information will remain on file through the duration of the rental.

Fence OKC Contest Rules, Terms and Condiditons

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

1. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up at the sweepstakes page located at  https://fenceokc.com/contest and who are 18 as of the date of entry. The sweepstakes is only open to legal residents of  Oklahoma and is void where prohibited by law. Employees of Fence OKC (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.

2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Fence OKC, as final and binding as it relates to the content. The Sweepstakes is subject to all applicable federal, state and local laws.

3. Sweepstakes Period: Entries will be accepted online starting on or about September 14, 2023 and ending on December 1, 2024 or ending at the Sponsor’s discretion after the receipt of at least 500 entries. All online entries must be received by the ending date as stated above.

 4. How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided on this Sweepstakes site, located at  https://fenceokc.com/contest. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Fence OKC. You may enter only once and you must fill in the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules your submission may be removed from eligibility at the sole discretion of Fence OKC.

5. Prizes: Winners will receive (one) Blackstone 4-Burner 36″ Griddle Cooking Station with Hard Cover with a MSRP of $549. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The prize is non transferable. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by winners is permitted. Acceptance of prize constitutes permission for Fence OKC to use winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds: The odds of winning depend on the number of eligible entries received.

7. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email or phone according to the contact information they entered the Sweepstakes with within five (5) days following the winner selection. Fence OKC shall have no liability for a winner’s failure to receive notices due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 72 hours from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, prize may be forfeited and an alternate winner selected. 

The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.

8. Rights Granted by you: By entering this content you understand that Fence OKC, anyone acting on behalf of Fence OKC, or its respective licensees, successors and assigns will have the right, where permitted by law, without any further notice, review or consent to print, publish, broadcast, distribute, and use, worldwide in any media now known or hereafter in perpetuity and throughout the World, your entry, including, without limitation, the entry and winner’s name, portrait, picture, voice, likeness, image or statements about the Sweepstakes, and biographical information as news, publicity or information and for trade, advertising, public relations and promotional purposes without any further compensation.

 9. Terms: Fence OKC reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Fence OKC may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Fence OKC. Fence OKC reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

 Fence OKC has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by sweepstakes rules; or the use of bots, macros or scripts or other technical means for entering.

Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Fence OKC reserves the right to seek damages from any such person to the fullest extent permitted by law.

By entering the Sweepstakes you agree to receive email newsletters periodically from Fence OKC. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.

10. Limitation of Liability: By entering you agree to release and hold harmless Fence OKC and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.

 11. Disputes: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF United States AND Oklahoma, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Oklahoma having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.

 12. Privacy Policy:  Information submitted with an entry is subject to the Privacy Policy stated on the Fence OKC Web Site. To read the Privacy Policy, https://fenceokc.com/privacy-policy-fence-okc/ click here.

 13. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Fence OKC 3200 West Reno Avenue, Oklahoma City, Oklahoma 73107. Requests must be received no later than three days from contest end date.

 14. Sponsor:  The Sponsor of the Sweepstakes is Fence OKC, 3200 West Reno Avenue, Oklahoma City, Oklahoma 73107, USA.

15. This promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. You understand that you are providing your information to the owner of this sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, Youtube, Pinterest, LinkedIn or Google. 

Last Update 14Sept23