Terms & Conditions

Website Usage and Agreement

The website located at www.breederscupshop.com (this "Site") is operated by Upper Right Marketing. Your use and access to this Site are conditional upon your acceptance of these Terms of Use, including our Privacy Policy. Upper Right Marketing reserves the right to modify or update these Terms of Use at any time with immediate effect. Please review these Terms periodically.

IMPORTANT: If you do not agree with these Terms of Use or the Privacy Policy, please exit this Site immediately. By using and accessing this Site, you agree to these Terms of Use and the Privacy Policy.

Limitation of Liability

Upper Right Marketing, including its affiliates, subsidiaries, and service providers, shall not be liable for any damages, including but not limited to direct, special, incidental, indirect, exemplary, punitive, or consequential damages. This includes lost profits, even if advised of such possibilities.

Use of this Site is at your own risk.

Certain laws may not allow limitations on implied warranties or the exclusion of certain damages. If such laws apply to you, you may have additional rights.

Permitted Users of This Site

This Site is intended for individuals of legal age to purchase and consume alcohol. If you are of legal age in your country and jurisdiction, you may continue to use this Site. Otherwise, please exit immediately.

Indemnification

You agree to indemnify and hold Upper Right Marketing harmless from all claims, damages, costs, and expenses (including attorney fees) related to your use of the Site.

Intellectual Property Rights

All content, materials, layout, images, and software on this Site are the intellectual property of Upper Right Marketing or its licensors. You may not copy, reproduce, republish, modify, or transmit any portion of this Site without prior written consent from Upper Right Marketing.

Unauthorized use of any content may result in civil or criminal penalties.

Use of This Site

This Site is maintained for your personal use and may only be used for lawful purposes. You may download material for personal use, but all proprietary notices must remain intact. Any commercial use of this Site is strictly prohibited unless you obtain prior written consent from Upper Right Marketing.

You may not use any software tools (e.g., spiders, bots, or crawlers) to access or manipulate this Site. These tools will be considered agents of the individuals who operate them.

No Warranties

Upper Right Marketing makes no guarantees regarding the functionality, accuracy, or availability of this Site. This Site is provided on an "as-is" and "as-available" basis. All warranties, whether express or implied (including fitness for a particular purpose and non-infringement), are disclaimed.

Upper Right Marketing is not liable for any damages caused by viruses or other harmful elements that may infect your equipment during your use of this Site.

Online Stores and Promotions

Additional terms may apply to the purchase of goods or services, as well as to contests or sweepstakes featured on this Site. If a conflict arises between these Terms of Use and the specific terms of an application (such as a contest), the latter will govern.

Mobile Terms of Service

The Breeders' Cup mobile message service (the "Service") is operated by Breeders' Cup Shop (“Breeders' Cup”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Breeders' Cup’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Breeders' Cup through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Breeders' Cup. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18889616240 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Breeders' Cup mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18889616240 or email cs@breederscupshop.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Shipping and Orders

Ground Shipping

You can expect delivery within 6-9 business days via UPS or USPS Ground service. West Coast orders or deliveries to Alaska and Hawaii may take longer.

Overseas Orders

For international orders, please contact customer service at 1-888-526-1177 between 9:00 am and 5:00 pm EST.

All deliveries require a signature from someone 21 years of age or older.

Customer Service

For any questions or returns, please email us at customerservice@breederscupshop.com or call 1-888-526-1177 between 8:30 am and 5:00 pm EST.

Communications with This Site

You are prohibited from transmitting any unlawful or inappropriate content via this Site. Upper Right Marketing reserves the right to cooperate fully with law enforcement in the event of such conduct.

Any material you submit to the Site, including ideas or suggestions, will be treated as non-confidential. Upper Right Marketing may use any material submitted for any purpose without compensation.