Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA700797
`ESTTA Tracking number:
`10/07/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`Opposer Information
`
`Delaware
`
`Name
`Entity
`Address
`
`Remington Arms Company, LLC
`Limited Liability Company
`Citizenship
`870 Remington Drive
`Madison, NC 27024
`UNITED STATES
`
`Attorney informa-
`tion
`
`Nathan C. Belzer
`Belzer PC
`2905 Bull St.
`Savannah, GA 31405
`UNITED STATES
`nbelzer@belzerlaw.com Phone:9122363001
`Applicant Information
`
`Application No
`Opposition Filing
`Date
`Applicant
`
`86598503
`10/07/2015
`
`Publication date
`Opposition Peri-
`od Ends
`
`09/08/2015
`10/08/2015
`
`Daniel Defense, Inc.
`101 Warfughter Way
`Black Creek, GA 31308
`UNITED STATES
`Goods/Services Affected by Opposition
`
`Class 013. First Use: 2010/01/24 First Use In Commerce: 2010/01/24
`All goods and services in the class are opposed, namely: Firearms
`
`Grounds for Opposition
`
`The mark is merely descriptive
`Other
`
`Trademark Act section 2(e)(1)
`Applicant's "mark" does not function as a trade-
`mark. Applicant has not made a bona fide use of
`its "mark."
`
`Attachments
`
`Notice of Opposition V3 151007.pdf(113565 bytes )
`Exh A specimen.pdf(278418 bytes )
`Exh. B V1 equated with version.pdf(795329 bytes )
`Exh C refering to V5 as a version.pdf(782847 bytes )
`Exh D using V3 synonymous with DDm4v3 and comparing to V1.pdf(1027434
`bytes )
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`

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`The undersigned hereby certifies that a copy of this paper has been served upon all parties, at their address
`record by First Class Mail on this date.
`
`Certificate of Service
`
`Signature
`Name
`Date
`
`/Nathan C. Belzer/
`Nathan C. Belzer
`10/07/2015
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`_______________________________
`Remington Arms Company, LLC
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`Opposer,
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`v.
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`Daniel Defense, Inc.
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`Applicant.
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`Opposition No. _______
`Application Serial No. 86/598,503
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`
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`
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`NOTICE OF OPPOSITION
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`
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`Remington Arms Company, LLC, (“Remington”) a Delaware limited liability company
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`with a principal place of business at 870 Remington Drive, Madison, NC 27024, believes that it
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`will be damaged by the registration of the U.S. trademark application with serial number
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`86/598,503 (the “Application”) for the mark V3 used in connection with “firearms” in
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`International Class 13. The Application was filed April 15, 2015, by Daniel Defense, Inc.,
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`(“Applicant”) a Georgia corporation with an address of 101 Warfighter Way, Black Creek, GA
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`31308. Remington hereby opposes the Application pursuant to Section 13 of the Trademark Act
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`of 1946 (15 U.S.C § 1063).
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`
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`As grounds for opposition, Remington alleges that:
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`1.
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`For more than one hundred years, Remington has been a leading manufacturer
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`and seller of firearms, ammunition, firearm accessories, and other related goods and services.
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`2.
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`On May 13, 2015, Applicant sued Remington for trademark infringement,
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`alleging that Remington infringed Applicant’s rights in the V3 mark that is the subject of the
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`

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`Application. Daniel Defense v. Remington, civil action no. 4:15-cv-00135, Doc. 1, (S.D. Ga.
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`2015).
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`3.
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`Remington has a real commercial interest in the registration of the term claimed
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`by Applicant to be a mark because such registration would interfere with Remington’s right to (i)
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`lawfully use the descriptive term “V3,” or other alphanumeric combinations beginning with the
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`letter “V,” to describe goods and services that Remington provides or (ii) use its V3 mark that is
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`the subject of US Application Serial No. 86/204,307.
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`COUNT I
`Applicant’s Mark Is Merely Descriptive as Applied to Applicant’s
`Goods and Is Not Entitled to Registration
`
`
`4.
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`The allegations set forth in paragraphs 1-3 of this Notice of Opposition are
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`incorporated as if fully set forth in this Count I of the Notice of Opposition.
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`5.
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`Applicant uses the designation V3 merely to describe the classification, model,
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`type, or quality of Applicant’s firearms and to differentiate one type of product in Applicant’s
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`line of firearms from other lines under other V- designations, such as the V1, V2, and V4,
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`designations for which Applicant has also filed trademark applications (US Application Serial
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`Nos. 86/600,761, 86/600.804, and 86/600,941, respectively.)
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`6.
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`Applicant uses the “V” component of its V3 designation descriptively to refer to
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`“version.” See, e.g., Exhibit A, a copy of the specimen submitted by Applicant with the
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`Application in which the V3 product is favorably compared to the “original V1”); Exhibit B, p. 2
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`(Applicant’s newsletter equating V1 with “version 1” by noting: “DDM4 V1 or version 1”);
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`Exhibit C, p. 1 (referencing Applicant’s DDM4V5 as “2011’s top selling version”).
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`
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`2
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`

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`7.
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`Applicant uses the V3 designation as a product name, not an indicator of source.
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`8.
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`Consumers recognize alphanumeric combinations beginning with the letter “V” to
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`describe “versions” of products, and to differentiate various versions from one another.
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`Therefore, consumers would perceive the V3 designation to describe the third version of
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`Applicant’s products, not to indicate Applicant as the unique source of those products.
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`9.
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`Because Applicant’s alleged V3 mark is merely descriptive of the goods sold by
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`Applicant it is not entitled to registration pursuant to section 2(e)(1) of the Lanham Act, 15
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`U.S.C. § 1052(e)(1).
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`COUNT II
`Applicant’s Mark Does Not Function as a
`Trademark and Is Not Entitled to Registration
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`
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`10.
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`The allegations set forth in paragraphs 1-9 of this Notice of Opposition are
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`incorporated as if fully set forth in this Count II of the Notice of Opposition.
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`11.
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`Applicant uses the V3 designation merely as a model or grade designation, which
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`serves only to differentiate between different products in Applicant’s product line or delineate
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`levels of quality, not in a manner that indicates Applicant as the unique source of its goods.
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`12.
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`Applicant’s V3 designation is a model or grade designation that fails to
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`distinguish the Applicant’s goods from those of others or to identify the Applicant as the source,
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`therefore the proposed mark is not entitled to registration pursuant to Sections 1, 2, and 45 of the
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`Lanham Act. 15 U.S.C. §§1051-1052, 1127.
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`
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`3
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`

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`COUNT III
`Applicant’s Has Not Made a Bona Fide
`Use of theV3 Designation In Commerce
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`
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`13.
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`The allegations set forth in paragraphs 1-12 of this Notice of Opposition are
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`incorporated as if fully set forth in this Count III of the Notice of Opposition.
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`14.
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`Applicant sells its firearms products under the designation DDM4V3 and the
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`following associated design:
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`. (The DDM4V3 designation is the subject of the
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`US Application Serial No. 86/544,336.)
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`15.
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`Prior to filing the Application, Applicant made no trademark use of the V3
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`designation separately from its DDM4V3 designation and design. To the extent Applicant used
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`the V3 designation independently of the DDM4V3 designation and design, Applicant used the
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`V3 designation as a product name or a model or grade designation, not as an indicator of source.
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`See, e.g., Exhibit D (the catalog entry for Applicant’s V3 rifle, showing a prominent depiction of
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`the DDM4V3 designation and design and use of V3 to refer to the product name of Applicant’s
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`rifles).
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`16.
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`Applicant did not make a bona fide use of the V3 mark in commerce on the
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`identified goods as of the filing date of its use-based application; therefore the Application is
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`void ab initio and the proposed mark is not entitled to registration pursuant to Section 1(a) of the
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`Lanham Act. 15 U.S.C. § 1051(a).
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`
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`4
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`

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`Respectfully submitted,
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`Remington Arms Company, LLC
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` By: /Nathan C. Belzer/
`
`Nathan C. Belzer
`Attorney for Opposer
`Belzer PC
`2905 Bull Street
`Savannah, GA 31405
`(912) 236-3001 - Telephone
`(912) 236-3003 – Facsimile
`
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`Date: October 7, 2015
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`5
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`

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`Certificate of Service
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`The undersigned certifies that a true and correct copy of the foregoing documents was
`served on Applicant by delivering copies of the same via electronic mail on October 7, 2015, and
`by depositing said copy in the U.S. mail, postage prepaid, to:
`
`Justin Charles Ward
`Vice President of Intellectual Property, Legal Department
`Daniel Defense Inc.
`101 Warfighter Way
`Black Creek, Georgia 31308-5731
`jward@danieldefense.com
`
`By: /Nathan C. Belzer/
`Nathan C. Belzer
`Belzer PC
`2905 Bull Street
`Savannah, GA 31405
`Phone: 912.236.3001
`Fax: 912.236.3003
`Email: nbelzer@belzerlaw.com
`Attorneys for the Opposer
`
`6
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`
`19 Mlpsu danwaldefenjnrmm
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`, Car
`
`FIREARMS
`
`RAIL SYSTEMS
`
`UPPER RECEIVER
`
`CHE BARRELS
`
`LINSIIVH
`PARTS 8-ACCESSORIES
`
`MGLIHTS
`
`GEAR
`
`FURNITURE
`
`BUILD YOUR DDM4
`
`VARD SALE
`
`DANIEL DEFENSE M4 CAREIINE. V3
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`
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`
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`Financing Available
`
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`
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`21'-'E%))
`The Dame! Defense M4 Garbrne, V3 EOMDIHES the benefits of the ongmal V1 w4fn the advantages of a mrd—lengm gas
`5ys1em Burlt amund a 16-inch CoId Harnmet Forged EEIIEI. the DDM4vfI provides shooievs a 9 Inch free Iloal DDM4
`Rawn and a vem:aI furegnp far better weapun manwpulalion This rifle also comes wnh the newIy designed mgged
`and camfanable DanieI Defense Eunsluck and Pistul Gnp
`MATERIALS & CONSTRUCTION
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`In case you missed it, another SHOT Show has come and gone, and as always, all the firearms manufacturers were
`
`showing off what they had that was new for the upcoming year. At Daniel Defense, we were no exception and
`
`featured several exciting products that will debut in 2012 including our own series of flash hiders and muzzle breaks,
`
`some new spins on classic DD products, and new variant options on several DD rifles including the hottest round for
`
`2012, the 300 AAC Blackout!
`
`Daniel Defense prides itself on making the lightest, strongest, and
`
`best AR’s on the market, so it comes at no surprise that eventually
`
`DD would make their own flash hiders and muzzle breaks. Starting
`
`with the hiders, the new line of flash hiders offer improved flash
`
`suppression over the old A2 Birdcage flash hiders. Daniel Defense’s
`
`new line of muzzle devices have been designed, tested, and
`
`manufactured to meet the most demanding customers. Finally, a line
`
`of muzzle devices has earned the name and reputation that people
`
`associate with Daniel Defense.
`
`The new Daniel Defense muzzle breaks are constructed from the same high grade 17-4 PH stainless steel and salt
`
`bath nitride finish as the flash hiders but offer the shooter better accuracy by reducing muzzle rise. Additionally, both
`
`the flash hiders and muzzle breaks are compatible with many aftermarket sound suppressors.
`
`Who doesn’t love a new twist on a classic? New for 2012, Daniel Defense will be offering a light weight barrel option
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 1 of 10
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`on the most iconic DD rifle, the DDM4 V1 or version 1. Yes, rifle that
`
`started it all is now available in a lighter weight option! So for those of
`
`you not paying attention, the V1 is now Lighter’er. Stronger. Better.
`
`This is going to be a hot seller in 2012 and you will not want to be left
`
`out.
`
`The DDM4 V1 LW (light weight) isn’t the only new twist on a classic for 2012. Daniel Defense announced that it will
`
`be offering the RIS II in black as well as the classic flat dark earth color. For those of you not in the know, this is the
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`rail that “They” chose…repeatedly. That’s right, US SOCOM has chosen this rail for the SOPMOD II weapons
`
`system and now you can own it in either black or flat dark earth color option.
`
`On to the best that the SHOT Show had to offer, Daniel Defense’s
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`new variant options. We’ll start with the DDM4 V7 6.8. The V7 was
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`the second most popular rifle sold by Daniel Defense in 2011, so why
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`not offer this slick rifle featuring the MFR™ (Modular Float Rail) in a
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`variant with greater terminal ballistics than the 5.56? I don’t know why we wouldn’t, so we did. The DDM4 V7 6.8
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`boasts an 18” S2W™ (Strength to Weight) profiled barrel that will bring your shot groups in so close that you will
`
`imagine hosting TAC-TV.
`
`We’re not finished with the 6.8 just yet. New for 2012, we will also be offering the DDM4 V3 in a 6.8 option. The
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`DDM4 V3 provides the ultimate combination between sport shooting and home defense. When there is a bump in
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`the night, be prepared to bump back with the DDM4 V3 6.8!
`
`I guess that just about wraps it up…. Oh yeah, I forgot about the one
`
`last thing, the new DDM4 V5 300 Blackout! I might be a little bias but
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`this rifle could even kill a Honey Badger dead in its tracks… We
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`paired the hottest variant in the industry with the hottest Daniel
`
`Defense rifle in 2011, the DDM4 V5. This pairing is more badass than
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`Burt Reynolds and a black Trans Am with a golden firebird painted on it! Our V5 300 features the Omega X Rail™
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`12.0 system and a 16” Hammer Forged barrel with our pinned low profile gas block. I know what I’ll be doing with my
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`tax return money!
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 2 of 10
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`Still fresh in our minds, memories of SHOT Show 2012 are as frequent as zombies in a post-apocalyptic Earth.
`
`However, reality trumps fantasy as we examine the events that transpired the week of January 16, 2012, in Las
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`Vegas, Nevada. No, precious loved ones were not devoured by blood-hungry, soulless creatures once considered
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`human beings. Yet, devices used for protection against such creatures were on display during the four-day trade
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`show.
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`Though zombies are quite entertaining, Daniel Defense attended this year’s show with real-life applications in mind.
`
`On display were rifles geared toward military, law enforcement, home defense, hunters and sport shooters. There is
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`one question, however, that was asked quite often: “What makes Daniel Defense better?” That’s a fair question. At
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`Daniel Defense, we don’t view it as how we’re better, but rather what makes our rifles great by any standard.
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`As a continuation in a series of articles explaining the manufacturing process, I would like to explain how our barrels
`
`are made. Very few U.S. firearms companies manufacture Cold Hammer Forged Barrels. For starters, the
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`equipment is quite costly, but Marty Daniel decided the investment was necessary to surpass our own standards in
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`quality.
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`When I first heard the term Cold Hammer Forged, I
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`envisioned a man with a sledge hammer pounding steel to
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`form the barrel. Knowing this was not the case, curiosity set
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`in. Upon my introduction to the Cold Hammer Forge
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`Machinery, It became clear as to how the system worked.
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`Carbide steel hammers apply hydraulic pressure at
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`opposing angles. As the hammering process is in motion, a
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`mandrel (negative image of the barrel) is inserted into the
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`bore. The hammers form the barrel around the mandrel
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`creating the chamber, lands, and the grooves. This system
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`creates a defect-free bore with the most consistent chamber
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`possible.
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`Next, the barrel travels to the Okuma CNC Lathe where it is turned
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`into the specific profile and has both ends threaded for muzzle
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`device and barrel extension. Afterward, it is placed in the Hommel
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`Optic, which is a 360 laser scan capable of measuring the barrel to
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`fifty millionths of an inch. Last, the barrel is finished with either a
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`heavy phosphate exterior coating or salt bath nitride finish. In a
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`nutshell, that pretty much sums up the conversion of a raw steel
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`cylinder, into a Cold Hammer Forged Barrel.
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`Ultimately, we set our own standard and surpass our own
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`expectations. If having the ability to fire fifteen to twenty thousand
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`rounds before replacing the barrel, opposed to five to eight thousand, sounds appealing, the Daniel Defense Cold
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`Hammer Forged Barrel is a wise choice. As for whether it makes us better, we’ll let you be the judge of that.To learn
`
`more about Daniel Defense, please visit us online at DanielDefense.com.
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 3 of 10
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`HUNTING PERFECTION. Aristotle defined perfection as “that which is so good that nothing of the kind could
`be better”. I believe that when Aristotle was defining the word perfection he knew that someday Marty Daniel would
`
`decide to build a premium AR styled hunting rifle and that he intended the word to be used to describe that rifle.
`
`Perfection certainly has been obtained in this 6.5lbs platform and is now offered in the hottest round to hit the AR
`
`world in recent years, the 300 AAC Blackout.
`
`As many of you already know, Ambush Firearms first started chambering their rifles in 6.8mm and did so because of
`
`the versatility of the round. The 300 Blackout isn’t replacing the 6.8mm, but it is an answer to the question of “When
`
`is Ambush going to offer a larger variant?”. The 6.8mm has similar ballistic qualities as the .270 in that it is a high
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`velocity and flat shooting round whereas the 300 Blackout has the
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`same or better ballistic qualities as the .308 out to 300 yards without
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`having to jump up to the heavier and bulkier platform. I know, this is
`
`really good stuff!
`
`As with all Daniel Defense and Ambush barrels, the new 300 Blackout barrels are Cold Hammer Forged. While the
`
`Cold Hammer Forging process is both intensive and costly, the ending product is a barrel which has greater
`
`longevity and increased barrel accuracy. The Ambush barrels are all salt bath nitride finished which makes for a
`
`more accurate and better quality barrel than the traditional chrome lined barrels.
`
`If all of that still isn’t enough for you then maybe the Geissele two-stage trigger will seal the deal. All the Ambush
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`Firearms come equipped with the Geissele SSA trigger that has 4.5 total pounds of trigger pull broken into two
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`stages. The slack is 2.5lbs of trigger pull and a 2lb break. All this adds up to out of the box hunting perfection.
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 4 of 10
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`Four days out of the year, many converge on Las Vegas for the world’s largest gun trade show. Long days,
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`numerous meetings, and many adult beverages later, dealers have a better sense of the product line to be offered in
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`the coming year. Yes, it’s a buying frenzy as manufacturers display & boast of their latest visions, hoping to make a
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`substantial footprint in the firearms industry.
`
`Anyone who’s ever been to SHOT knows visiting every booth is virtually impossible. Itinerary in hand, one sets off
`
`with intentions to discover new and exciting treasures. For those that made time to stop by booths 20271, 20371,
`
`and 20471, a hands-on experience with the new Daniel Defense models made believers out of new attendees and
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`repeat customers of those who already believed in the our brand.
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`So, what’s new in 2012? Believe it or not, the Daniel Defense 300 AAC Blackout was not the only new attraction at
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`the show. Accompanying a line of muzzle devices, rail systems, and rifles with different variants, we introduced to
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`the gun community the v3 6.8SPCII. We believe this to be one of the best multi-use rifles available to AR
`
`enthusiasts.
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`The DDM4v3 6.8 SPC II is manufactured using the highest quality materials on the market. It is equipped with the
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`Omega X Rail™ 9.0 rail system, offering the most usable rail space with a standard front site base. Chambered in
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`6.8, this variant gives end users the stopping power desired with the accuracy of the Daniel Defense Cold Hammer
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`Forged Barrel. This is the ultimate rifle for sport shooting and home defense all in one package.
`
`SHOT Show 2012 rallied buyers and sellers from 50 states and more than 100 countries. Hours were spent walking,
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`examining the many products scattered across several thousand square feet. A dealer nearby should offer a few of
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`the hottest new items for 2012 including the Daniel Defense DDM4v3 6.8 SPC II. Of course, if you are ready to
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`have one of these gems in-hand, they are in stock at DanielDefense.com, or call one of our friendly, knowledgeable
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`customer service reps at 1-866-554-GUNS!
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 5 of 10
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`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`Here we go again! Daniel Defense and Ambush Firearms are giving away another rifle! We want to see pictures of
`
`you with your Daniel Defense M4 or Ambush hunting rifle for a chance to win an assortment of Daniel Defense
`
`merchandise including a chance to win the grand prize of a Daniel Defense M4!
`
`All you have to do is have someone take a picture of you with your Daniel Defense M4, Ambush hunting rifle, or
`
`upper receiver groups “in action” and you could be a winner. The pictures are only limited to your imagination and a
`
`few rules that our lawyers made us implement (see link of complete rules below) but besides that the possibilities are
`
`endless.
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 6 of 10
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`Whether you use your rifle for 3 gun competitions, hunting, as a law enforcement patrol rifle, or to defend our
`
`freedoms overseas we want to know about it and see it “in action”. While everyone can’t all be winners, there are still
`
`a lot of chances to win with weekly, monthly, and overall grand prize winners selected annually.
`
` If you want an opportunity to win a new DD M4 rifle then all you have to do is submit your photos to
`
`marketing@DanielDefense.com. The contest starts 02/03/2012 and ends on 06/30/2012. We look forward to seeing
`
`your “in Action” photos. Before submitting entries, see complete rules at the very bottom of this newsletter.
`
`Congrats to our first winner:
`
`April 13-15, 2012 - NRA Annual Meeting 2012 - St. Louis, MO
` Daniel Defense & Ambush Firearms: Booth # 811
`
`“Proper firearms training is essential in today’s world;
`like a friend of mine said, ‘You wouldn’t think of jumping
`out of a plane or scuba diving without training—
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
`
`Page 7 of 10
`
`

`
`Daniel Defense >> DDNews
`
`10/7/15, 12:12 PM
`
`why would you attempt to learn another
`life or death skill (shooting) without instruction?’
`Well said!”
`- Larry Vickers, Founder Vickers Tactical
`
`
`
`DANIEL DEFENSE/AMBUSH FIREARMS IN ACTION PHOTOGRAPHY CONTEST
`THIS CONTEST IS SPONSORED BY DANIEL DEFENSE, INC., 101 WARFIGHTER WAY, BLACK CREEK, GA. 31308, AND AMBUSH FIREARMS, INC., 101
`WARFIGHTER WAY, BLACK CREEK, GA 31308 (HEREINAFTER COLLECTIVELY REFERRED TO AS “SPONSOR”). THIS CONTEST IS IN NO WAY
`SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH FACEBOOK.
`THIS CONTEST ENCOURAGES ENTRANTS TO CREATE AND SUBMIT PHOTOGRAPHS (“ENTRIES”) IN KEEPING WITH THE GENERAL THEME OF THE
`PRODUCTS SOLD BY DANIEL DEFENSE, INC., OR AMBUSH FIREARMS, INC., TO BE ELIGIBLE FOR PRIZES DESCRIBED BELOW, SUBJECT TO THE
`OFFICIAL RULES SET FORTH BELOW.
`BY PARTICIPATING IN THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES (THE “OFFICIAL RULES”), TO THE DECISIONS OF THE SPONSOR (AS
`DEFINED BELOW.
`
`NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. THE PURCHASE OF ANY GOOD OR SERVICE WILL NOT INCREASE YOUR CHANCES OF
`WINNING. THE CURRENTLY ACTIVE DANIEL DEFENSE/AMBUSH FIREARMS PHOTOGRAPHY CONTEST (THE “CONTEST”) IS VOID WHERE
`PROHIBITED BY LAW.
`
`AS PROVIDED HEREIN, ONE (1) GRAND PRIZE WINNER WILL BE ELIGIBLE TO WIN A DANIEL DEFENSE M4 RIFLE.
`SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO NOT AWARD ANY PRIZE, INCLUDING THE GRAND PRIZE, IF, IN ITS SOLE
`DISCRETION, AN INSUFFICIENT NUMBER OF ELIGIBLE AND QUALIFIED ENTRIES ARE RECEIVED. DECISIONS OF SPONSORS AND JUDGES ARE
`FINAL AND BINDING.
`
`ELIGIBILITY: The Contestis open to legal residents of the 50 United States and District of Columbia who are 18 years of age or older. THE CONTEST IS VOID
`WHERE PROHIBITED BY LAW. Sponsor reserves the right to verify all eligibility requirements. Contest is subject to all applicable federal, state and local laws and
`regulations. Sponsor and all its respective subsidiaries, dealers, affiliates, directors, officers, governors, employees, and agents, as well as their respective
`spouses, children, siblings, and all others residing in the same household as such persons, are not eligible to participate. In the event of a dispute as to any online
`Entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. The "authorized account holder" is the natural person
`assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain
`associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
`
`SUBMISSION TO RULES: By participating in this Contest, each Entrant agrees to abide by these Official Rules and the decisions of the Sponsors, which are final
`and legally binding as they pertain to this Contest. All potential winners must comply with all terms and conditions of these Official Rules and winning the Grand
`Prize is contingent upon fulfilling all requirements.ALL ENTRIES ARE SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND
`LEGALLY BINDING.
`
`HOW TO ENTER: Limit: Five (5) entries per Entrant for the entire term of the Contest. Each Entry submitted by any Entrant must be substantially different from
`any other entry submitted by that same Entrant, as determined by Sponsor in its sole discretion. Additionally, each Entry is only eligible to win one time, in this
`Contest or any other contest, whether the contest is held by the Sponsor or a third party. Entries that are found to have won previous awards or prizes or to have
`been published as part of a previous photo contest with Sponsor or any third party will be disqualified.
`
`SUBMISSION SUBJECTS: Entrant’s photographs should be in keeping with the general theme of the products sold by Daniel Defense, Inc. or Ambush Firearms,
`Inc.
`
`PRIZES: Entries submitted will be eligible for (1) the Grand Prize (as described below), (2) Monthly Prizes (as described below), and (3) for posting in the Online
`Galleries at either https://danieldefense.com or the Daniel Defense Facebook page at http://www.Facebook.com/danieldefense.
`
`GRAND PRIZE: Within thirty (30) days after the Contest ends, one (1) Entrant will be selected by a panel of judges as the Grand Prize winner from among all
`eligible entries received, and such Entrant shall win a Daniel Defense M4 rifle, subject to these Official Rules and applicable laws and regulations. The specific
`model of the Daniel Defense M4 rifle is be determined by the Sponsor at such time. All judges shall be appointed and approved by Sponsor in Sponsor’s sole
`discretion.
`
`MONTHLY PRIZES: All eligible Entries received will be pre-screened by the Sponsor, and at the Sponsor’s discretion Entrants may receive a prize pack including
`and not limited to (1) Daniel Defense or Ambush Firearms T-shirt, (2) Daniel Defense or Ambush Firearms Hat, (3) Daniel Defense or Ambush Firearms Decal, (4)
`Daniel Defense Challenge Coin, (5) Daniel Defense Mouse Pad.
`
`https://danieldefense.com/files/dd_news/ddnews-feb3-hardcode.html
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`HOW TO SUBMIT ENTRIES: Photos must be submitted in .JPG or .GIF format and cannot exceed 4mb in size. Only Entries made through methods approved by
`Sponsor will be considered. Submit Entries by email at marketing@danieldefense.com, http://www.Facebook.com/danieldefense, or
`http://www.Facebook.com/AmbushFirearms and complete and submit the online entry form and follow the directions provided to upload your photograph. To be
`eligible for the Monthly Prizes all Entries must be received by 11:59 p.m. Pacific Time (“PT”) on the last day of each month during the term of the Contest, which is
`November 25, 2011 through January 1, 2012. All eligible Entries submitted during the term of the Contest are qualified for potentially winning the Grand Prize as
`determined by the panel of judges.
`
`ENTRIES: Each Entry must be the original work of the Entrant and Entrant must be the sole owner of the copyright of such Entry. Entries cannot incorporate ideas
`or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law. Without limitation, each Entry
`must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. Each Entry
`must be in keeping with the Sponsor’s image and may not be inappropriate or offensive, as determined by the Sponsor in its sole discretion., Sponsor reserves the
`right, in its sole discretion, to disqualify any entry it deems to be offensive, inappropriate, that is not in keeping with Sponsor’s image. Entrant must have obtained
`express written consent to submit any Entry that contains or depicts persons other than Entrant or third-party elements not owned by Entrant and, if requested to
`do so by Sponsor, Entrant must produce such written consent from appropriate parties in a form and manner acceptable to Sponsor.By submitting an Entry, you
`represent and warrant to the Sponsor that the Entry and everything depicted in it are wholly original and do not infringe upon or otherwise violate any right of any
`person, entity, or any law, rule or regulation. Violation or breach of these representations or warranties may subject you to penalties and damages under applicable
`law. Entrants agree to indemnify and hold Sponsor harmless for any related claims.
`
`WINNER NOTIFICATION: Potential monthly winners will be notified within 10 business days after a winner is determined by the Sponsor at the e-mail address
`provided by the Entrant to the Sponsor. Potential Grand Prize winner will be notified within 10 business days after the winner is determined at the e-mail address
`provided by the Entrant to the Sponsor. It is the sole and exclusive responsibility of each and every Entrant to monitor their e-mails, and each winner will need to
`successfully respond to the Sponsor’s e-mail notification within fourteen (14) calendar days of winner’s receipt of prize notification. If you are chosen as the winner
`of the Grand Prize you will be required to execute and return an Affidavit of Eligibility and Liability and, unless prohibited by applicable law, a Publicity Release, a
`W-9 Form and any additional documents that may be required by Sponsor within fourteen (14) calendar days of receipt of prize notification. Noncompliance with
`this time period or with these Official Rules, or the return of any prize notification as undeliverable, may result in disqualification of Entrant and, at the Sponsor’s
`sole discretion, the prize may be awarded to an applicable runner-up.
`Prize winners may not substitute, assign, or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or
`portion thereof) with one of comparable or greater value. All federal, state and local taxes as well as any costs and expenses associated with prize acceptance and
`use not specified herein as being awarded are sole responsibility of each winner. Prizes are awarded “as is” with no warranty or guarantee, either express or
`implied by the Sponsor. Limit one (1) prize per household, with the exception that a monthly prize winner may be eligible for the Grand Prize.
`
`TRANSFER OF FIREARM: Transfer of the Grand Prize Daniel Defense M4 rifle, shall be conducted through a federally-licensed Federal Firearms License (FFL)
`dealer. All firearms transfers will be conducted in strict compliance with all applicable federal, state and local laws. The M4 rifle will be transferred to the FFL of the
`winner’s choice and the winner is required to pay any fees charged by the FFL. If the winner is unable to take possession of the firearm from the FFL for any
`reason, the winner forfeits the prize. By entering this Contest