NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Co. (the “Sweepstakes Administrator”), 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
SPONSOR: Major League Fishing, LLC (the “Sponsor”),30 Gamble Lane, Benton, KY 42025.
ELIGIBILITY: The MLF Toyota Tundra Limited & More Sweepstakes (the “Sweepstakes”) is open to legal residents of the 48 contiguous United States and the District of Columbia who are at least 21 years of age at the time of entry (“Entrant”). Officers, directors, representatives, employees or agents of the Sweepstakes Administrator, Sponsor, Toyota Motor Sales, U.S.A., Inc. (“TMS”), Continental Tire the Americas, LLC, Absolute Outdoor of America, LLC, Grundéns, JL Marine Systems, Inc., 13 Fishing, Star brite, Inc., Yeti Coolers, LLC, E3 Sport Apparel, the Navico Group, T-H Marine Supplies, Wiley X, Inc., LEER Group, LLC, Pure Fishing, Inc., Favorite Fishing USA, Lithium Pros, ARKFishing International, Kubota Tractor Corporation, and all of their respective owners, parents, affiliates, subsidiaries and successor companies, their sponsors and business partners, their advertising/promotional agencies (collectively the “Sweepstakes Entities“), and the members of their immediate families or those persons living in the same household of anyone so employed are ineligible to enter or win. “Immediate family members” shall mean parents, step- parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three months a year. Sweepstakes is void in Alaska, Hawaii, Puerto Rico, U.S. territories and possessions, outside of the 48 contiguous United States and D.C., and where restricted or prohibited by law. By entering the Sweepstakes, Entrants agree to abide by all terms of the Official Rules (“Official Rules”) and all applicable local, state and federal laws and regulations.
SWEEPSTAKES ENTRY PERIODS: The Sweepstakes begins at 12:00:00 AM Central Time (“CT”) on Monday, May 15, 2023 and ends at 11:59:59 PM CT on Sunday, August 20, 2023 (the “Sweepstakes Period”). Entries must be received within the Sweepstakes Period to be eligible for a chance to win the Grand Prize, First Prize, Second Prize, Third Prize, Fourth Prize, Fifth Prize, Sixth Prize, Seventh Prize, Eighth Prize, and Ninth Prize, as further described herein. Within the Sweepstakes Period, there are 98 Daily Entry Periods (each, a “Daily Entry Period”) and 98 corresponding Daily Random Drawings (each, a “Drawing”) as defined in the “Daily Entry Periods, Drawings & Prize/ARV Schedule” below. Entries must be received during a Daily Entry Period to be eligible for that Daily Entry Period’s Drawing and prize. Non-winning entries for a Daily Entry Period will not roll over to subsequent Daily Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
DAILY ENTRY PERIODS, DRAWINGS & PRIZE/ARV SCHEDULE | ||||
Entry Period # | DAILY ENTRY PERIODS | Drawing Date: | Daily Prizes and approximate retail value (“ARV”) available per Daily Entry Period | |
All eligible entries must be received between: | (Daily Prizes and daily prize schedule are subject to change. See www.majorleaguefishing.com for weekly posting of daily prizes available for the week). | |||
Daily Entry Period Start: | Daily Entry Period End: | On or about: | ||
12:00:00 AM CT on: | 11:59:59 PM CT on: | |||
1 | 5/15/2023 | 5/15/2023 | 5/16/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
2 | 5/16/2023 | 5/16/2023 | 5/17/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
3 | 5/17/2023 | 5/17/2023 | 5/18/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
4 | 5/18/2023 | 5/18/2023 | 5/19/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
5 | 5/19/2023 | 5/19/2023 | 5/22/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
6 | 5/20/2023 | 5/20/2023 | 5/22/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
7 | 5/21/2023 | 5/21/2023 | 5/22/2023 | One (1) Star brite Prize Package (ARV $128.42) |
8 | 5/22/2023 | 5/22/2023 | 5/23/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
9 | 5/23/2023 | 5/23/2023 | 5/24/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
10 | 5/24/2023 | 5/24/2023 | 5/25/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
11 | 5/25/2023 | 5/25/2023 | 5/26/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
12 | 5/26/2023 | 5/26/2023 | 5/30/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
13 | 5/27/2023 | 5/27/2023 | 5/30/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
14 | 5/28/2023 | 5/28/2023 | 5/30/2023 | One (1) Star brite Prize Package (ARV $128.42) |
15 | 5/29/2023 | 5/29/2023 | 5/30/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
16 | 5/30/2023 | 5/30/2023 | 5/31/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
17 | 5/31/2023 | 5/31/2023 | 6/1/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
18 | 6/1/2023 | 6/1/2023 | 6/2/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
19 | 6/2/2023 | 6/2/2023 | 6/5/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
20 | 6/3/2023 | 6/3/2023 | 6/5/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
21 | 6/4/2023 | 6/4/2023 | 6/5/2023 | One (1) Star brite Prize Package (ARV $128.42) |
22 | 6/5/2023 | 6/5/2023 | 6/6/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
23 | 6/6/2023 | 6/6/2023 | 6/7/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
24 | 6/7/2023 | 6/7/2023 | 6/8/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
25 | 6/8/2023 | 6/8/2023 | 6/9/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
26 | 6/9/2023 | 6/9/2023 | 6/12/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
27 | 6/10/2023 | 6/10/2023 | 6/12/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
28 | 6/11/2023 | 6/11/2023 | 6/12/2023 | One (1) Star brite Prize Package (ARV $128.42) |
29 | 6/12/2023 | 6/12/2023 | 6/13/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
30 | 6/13/2023 | 6/13/2023 | 6/14/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
31 | 6/14/2023 | 6/14/2023 | 6/15/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
32 | 6/15/2023 | 6/15/2023 | 6/16/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
33 | 6/16/2023 | 6/16/2023 | 6/19/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
34 | 6/17/2023 | 6/17/2023 | 6/19/2003 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
35 | 6/18/2023 | 6/18/2023 | 6/19/2023 | One (1) Star brite Prize Package (ARV $128.42) |
36 | 6/19/2023 | 6/19/2023 | 6/20/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
37 | 6/20/2023 | 6/20/2023 | 6/21/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
38 | 6/21/2023 | 6/21/2023 | 6/22/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
39 | 6/22/2023 | 6/22/2023 | 6/23/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
40 | 6/23/2023 | 6/23/2023 | 6/26/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
41 | 6/24/2023 | 6/24/2023 | 6/26/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
42 | 6/25/2023 | 6/25/2023 | 6/26/2023 | One (1) Star brite Prize Package (ARV $128.42) |
43 | 6/26/2023 | 6/26/2023 | 6/27/2023 | One (1) Plano EDGE Terminal Box 3700 (ARV $59.99) |
44 | 6/27/2023 | 6/27/2023 | 6/28/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
45 | 6/28/2023 | 6/28/2023 | 6/29/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
46 | 6/29/2023 | 6/29/2023 | 6/30/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
47 | 6/30/2023 | 6/30/2023 | 7/3/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
48 | 7/1/2023 | 7/1/2023 | 7/3/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
49 | 7/2/2023 | 7/2/2023 | 7/3/2023 | One (1) Star brite Prize Package (ARV $128.42) |
50 | 7/3/2023 | 7/3/2023 | 7/5/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
51 | 7/4/2023 | 7/4/2023 | 7/5/2023 | One (1) Kubota-Branded APEX Cooler (ARV $315.00) |
52 | 7/5/2023 | 7/5/2023 | 7/6/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
53 | 7/6/2023 | 7/6/2023 | 7/7/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
54 | 7/7/2023 | 7/7/2023 | 7/10/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
55 | 7/8/2023 | 7/8/2023 | 7/10/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
56 | 7/9/2023 | 7/9/2023 | 7/10/2023 | One (1) Star brite Prize Package (ARV $128.42) |
57 | 7/10/2023 | 7/10/2023 | 7/11/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
58 | 7/11/2023 | 7/11/2023 | 7/12/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
59 | 7/12/2023 | 7/12/2023 | 7/13/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
60 | 7/13/2023 | 7/13/2023 | 7/14/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
61 | 7/14/2023 | 7/14/2023 | 7/17/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
62 | 7/15/2023 | 7/15/2023 | 7/17/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
63 | 7/16/2023 | 7/16/2023 | 7/17/2023 | One (1) Star brite Prize Package (ARV $128.42) |
64 | 7/17/2023 | 7/17/2023 | 7/18/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
65 | 7/18/2023 | 7/18/2023 | 7/19/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
66 | 7/19/2023 | 7/19/2023 | 7/20/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
67 | 7/20/2023 | 7/20/2023 | 7/21/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
68 | 7/21/2023 | 7/21/2023 | 7/24/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
69 | 7/22/2023 | 7/22/2023 | 7/24/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
70 | 7/23/2023 | 7/23/2023 | 7/24/2023 | One (1) Star brite Prize Package (ARV $128.42) |
71 | 7/24/2023 | 7/24/2023 | 7/25/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
72 | 7/25/2023 | 7/25/2023 | 7/26/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
73 | 7/26/2023 | 7/26/2023 | 7/27/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
74 | 7/27/2023 | 7/27/2023 | 7/28/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
75 | 7/28/2023 | 7/28/2023 | 7/31/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
76 | 7/29/2023 | 7/29/2023 | 7/31/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
77 | 7/30/2023 | 7/30/2023 | 7/31/2023 | One (1) Star brite Prize Package (ARV $128.42) |
78 | 7/31/2023 | 7/31/2023 | 8/1/2023 | One (1) Plano EDGE Terminal Box 3700 (ARV $59.99) |
79 | 8/1/2023 | 8/1/2023 | 8/2/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
80 | 8/2/2023 | 8/2/2023 | 8/3/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
81 | 8/3/2023 | 8/3/2023 | 8/4/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
82 | 8/4/2023 | 8/4/2023 | 8/7/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
83 | 8/5/2023 | 8/5/2023 | 8/7/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
84 | 8/6/2023 | 8/6/2023 | 8/7/2026 | One (1) Star brite Prize Package (ARV $128.42) |
85 | 8/7/2023 | 8/7/2023 | 8/8/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
86 | 8/8/2023 | 8/8/2023 | 8/9/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
87 | 8/9/2023 | 8/9/2023 | 8/10/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
88 | 8/10/2023 | 8/10/2023 | 8/11/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
89 | 8/11/2023 | 8/11/2023 | 8/14/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
90 | 8/12/2023 | 8/12/2023 | 8/14/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
91 | 8/13/2023 | 8/13/2023 | 8/14/2023 | One (1) Star brite Prize Package (ARV $128.42) |
92 | 8/14/2023 | 8/14/2023 | 8/15/2023 | One (1) E3 Elite Fishing Jersey (ARV $83.99) |
93 | 8/15/2023 | 8/15/2023 | 8/16/2023 | One (1) Wiley X WX Boss Sunglasses (ARV $206.00) |
94 | 8/16/2023 | 8/16/2023 | 8/17/2023 | One (1) YETI Hopper Flip Cooler (ARV $199.99) |
95 | 8/17/2023 | 8/17/2023 | 8/18/2023 | One (1) Abu Garcia Revo X Low Profile Reel (ARV $119.95) |
96 | 8/18/2023 | 8/18/2023 | 8/21/2023 | One (1) $100 T-H Marine Gift Card (ARV $100.00) |
97 | 8/19/2023 | 8/19/2023 | 8/21/2023 | One (1) Lowrance C-MAP REVEAL (ARV $169.99) |
98 | 8/20/2023 | 8/20/2023 | 8/21/2023 | One (1) Star brite Prize Package (ARV $128.42) |
HOW TO ENTER: There is one (1) method of entry. During the Sweepstakes Period, eligible Entrants must visit www.majorleaguefishing.com/promos, click on the link to the Sweepstakes Entry page, follow all entry instructions to complete the entry form and submit to receive one (1) entry into the Sweepstakes (the “Entry”).
Limit: One (1) Entry per Entrant per calendar day during the Sweepstakes Period regardless of whether Entrant has more than one email address. Any attempt by an Entrant to obtain more than the stated number of Entries per Entrant per day by using multiple/different email addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, Entries generated by script, macro or other automated devices will void that Entrant’s Entries and that Entrant may be disqualified from the Sweepstakes. Multiple Entrants are not permitted to share the same email address. None of the Sweepstakes Entities will verify receipt of Entries for Entrants. All Entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
PRIZES/ARV/ODDS:
Grand Prize: There is one (1) Grand Prize, available to be won by one (1) winner (“Grand Prize Winner”), which shall consist of a prize package to include one (1) 2023 Toyota Tundra Limited Crew Max1 with a Manufacturer’s Suggested Retail Price (“MSRP”) of $53,700.00 and one (1) LEER 100 XR Truck Cap with a MSRP of $3,974.00 (collectively, the “Prize Vehicle”). The total MSRP of the Grand Prize is $57,674.00. MSRP is as of date of drafting these Official Rules. The difference in value of Prize Vehicle as stated herein and value at time of Prize Vehicle notification/award, if any, will not be awarded. Odds of winning the Grand Prize will depend on the number of eligible Entries received during the Sweepstakes Period. Prize Vehicle is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsor’s sole discretion, or as otherwise stated in these Official Rules. In the event that the Prize Vehicle is not available in certain U.S. geographic locations, Sponsor, in its sole discretion, will provide an alternate prize with one of comparable value to the MSRP of the unavailable Prize Vehicle. Winner is responsible for all taxes and other costs and fees associated with Prize Vehicle receipt and/or use not specified herein as being awarded. The depiction of the Vehicle in any advertising or promotional materials may not reflect the actual Prize Vehicle to be provided to the Winner. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize Vehicle provided pursuant to the Sweepstakes and/or any Entrant’s participation in the Sweepstakes.
1A 2023 Toyota Tundra Limited Crew Max and a LEER Truck Cap to be awarded to one (1) Grand Prize Winner. The depiction of the Prize Vehicle in any advertising or promotional materials may not reflect the actual Prize Vehicle delivered to the Grand Prize Winner. Sponsor and/or TMS will determine all features of Prize Vehicle, including, but not limited to, color of exterior and interior. Grand Prize Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery (or an alternate Grand Prize Winner shall be selected, if applicable, and the original Grand Prize Winner’s rights to the Prize Vehicle shall be automatically forfeited). Grand Prize Winner is responsible for title, applicable taxes, license, registration, dealer preparation costs, auto insurance and other fees associated with receipt and/or use of the Prize Vehicle. The Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize Vehicle provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that TMS shall be solely responsible for any express-written limited warranties specifically set forth in the applicable Owner’s Guide for the Prize Vehicle. Prize Vehicle will be delivered to the Grand Prize Winner’s residence on a mutually agreed upon date and time. Neither Sponsor nor TMS shall be responsible for delays in delivery of the Prize Vehicle, and delivery is subject to availability. Sponsor and/or TMS shall, however, use all reasonable efforts, subject to availability, to deliver the Prize Vehicle within one hundred eighty (180) days of completion of Grand Prize Winner’s verification process. The Grand Prize Winner shall bear all risk of loss or damage to the Prize Vehicle after it has been delivered to the specified delivery site. MSRP = $57,674.00. Prize Vehicle is non-transferable and no substitution or cash equivalent is allowed except as provided herein at Sponsor’s and/or TMS’ discretion. Sponsor and/or TMS reserve the right to substitute the Prize Vehicle for one of comparable or greater value, at their sole discretion.
First Prize: There is one (1) First Prize available to be won. One (1) First Prize winner will receive a Favorite Fishing MLF Signature Rod Package. The ARV of the First Prize is $1,919.92. Odds of winning the First Prize depend on the number of eligible Entries received during the Sweepstakes Period.
Second Prize: There is one (1) Second Prize available to be won. One (1) Second Prize winner will receive one (1) Lithium Pros 38.4V 50Ah Lithium Ion Trolling Battery. The ARV of the Second Prize is $1,899.00. Odds of winning the Second Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Third Prize: There is one (1) Third Prize available to be won. One (1) Third Prize winner will receive one (1) Ark Fishing Ultimate Casting Package. The ARV of the Third Prize is $1,562.58. Odds of winning the Third Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Fourth Prize: There is one (1) Fourth Prize available to be won. One (1) Fourth Prize winner will receive one (1) Onyx Outfit Your Boat Package. The ARV of the Fourth Prize is $1,619.94. Odds of winning the Fourth Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Fifth Prize: There is one (1) Fifth Prize available to be won. One (1) Fifth Prize winner will receive one (1) Power-Pole CHARGE Power Management System. The ARV of the Fifth Prize is $1,499.99. Odds of winning the Fifth Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Sixth Prize: There is one (1) Sixth Prize available to be won. One (1) Sixth Prize winner will receive one (1) Pure Fishing Complete Bass Package. The ARV of the Sixth Prize is $1,255.00. Odds of winning the Sixth Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Seventh Prize: There is one (1) Seventh Prize available to be won. One (1) Seventh Prize winner will receive four (4) General Tire Grabber X3 Tires. The ARV of the Seventh Prize is $1,250.00. Odds of winning the Seventh Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Eighth Prize: There is one (1) Eighth Prize available to be won. One (1) Eighth Prize winner will receive one (1) Grundéns Professional Angler Apparel Package. The ARV of the Eighth Prize is $1,250.00. Odds of winning the Eighth Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Ninth Prize: There is one (1) Ninth Prize available to be won. One (1) Ninth Prize winner will receive one (1) 13 Fishing Ultimate Cranking Package. The ARV of the Ninth Prize is $1,250.00. Odds of winning the Ninth Prize will depend on the number of eligible Entries received during the Sweepstakes Period.
Daily Prizes: There are 98 Daily Prizes available to be won; one (1) Daily Prize per Daily Entry Period as depicted in the “Daily Entry Periods, Drawings & Prize/ARV Schedule” within the Sweepstakes Entry Periods section of these Official Rules. See the Daily Entry Periods, Drawings & Prize/ARV Schedule for a listing of all Daily Prizes available to be one, the dates each Daily Prize is available to be won and the ARV of each Daily Prize. Daily Prizes and daily prize schedule are subject to change. See www.majorleaguefishing.com for weekly posting of daily prizes available for the week. The total ARV of all Daily Prizes available to be won is $14,397.89. Odds of winning a Daily Prize will depend on the number of eligible Entries received during each Daily Entry Period.
The total ARV of all prizes available to be won is $85,578.32.
RANDOM DRAWINGS & WINNER NOTIFICATION/VERIFICATION:
Grand Prize Winner: The potential Grand Prize Winner will be selected in a random drawing on or about Tuesday, August 22, 2023 from among all entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final. The potential Grand Prize Winner will be notified by the Sweepstakes Administrator via email and/or phone and will be required to return to Sweepstakes Administrator within seven (7) days of Grand Prize notification, a completed and signed IRS W-9 Form and, where allowable, a signed and notarized Affidavit of Eligibility and Liability/Publicity Release (the “Vehicle Release”) for receipt of the Prize Vehicle. The IRS W-9 Form and Vehicle Release will require the Grand Prize Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing.
First Prize, Second Prize, Third Prize, Fourth Prize, Fifth Prize, Sixth Prize, Seventh Prize, Eighth Prize and Ninth Prize Winners: The potential First Prize, Second Prize, Third Prize, Fourth Prize, Fifth Prize, Sixth Prize, Seventh Prize, Eighth Prize and Ninth Prize winners will be selected in a random drawing on or about Tuesday, August 22, 2023 from among all entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final. The potential First Prize, Second Prize, Third Prize, Fourth Prize, Fifth Prize, Sixth Prize, Seventh Prize, Eighth Prize and Ninth Prize winners will each be notified via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, the “Releases”). These Releases will require each winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected.
Daily Prize Winners: The potential Daily Prize winners will be selected in a series of random drawings from among all entries received within the corresponding Daily Entry Period on or about the corresponding Random Drawing Date indicated in the Daily Entry Periods, Drawings & Prizes/ARV Schedule in the Sweepstakes Entry Periods section of these Official Rules. The Daily Prize random drawings will be conducted by the Sponsor, whose decisions are final. Each potential Daily Prize winner will be notified by the Sponsor via email and will be required to respond with his/her shipping address within three (3) days of notification. Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing.
PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF PRIZE OFFERED OR ANY ELEMENT OF PRIZE OFFERED IS AT WINNER’S OWN RISK.
GENERAL PRIZE CONDITIONS: If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these Official Rules that winner will be disqualified, and the prize may be awarded to an alternate winner in a separate random drawing. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
Prizes are not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prizes not specified herein are the winner’s sole responsibility. Any element of awarded prize that remains unclaimed or expires will become void.
Gift Card prizes are not redeemable for cash and will not be replaced if lost or stolen. Gift Card usage is subject to the issuing company’s complete terms and conditions, including expiration dates (if applicable).
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners acknowledge that the Sweepstakes Entities and all other businesses affiliated with this Sweepstakes and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any).
Winners are responsible for all federal, state, local and income taxes associated with winning a prize. Grand Prize, First Prize, Second Prize, Third Prize, Fourth Prize, Fifth Prize, Sixth Prize, Seventh Prize, Eighth Prize and Ninth Prize winners will be required to furnish their Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of a prize constitutes permission to use winner’s name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sweepstakes Entities, and their respective parents, subsidiaries, and affiliates, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prizes offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of a prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Released Parties not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes.
In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of Entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the Entry. Entry materials/data that have been tampered with or altered, or any mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, Entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF PRIZES TO WINNERS, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Marshall County, Kentuckyand any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Marshall County, Kentucky. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Marshall County, Kentucky. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://majorleaguefishing.com/privacy-policy/.
ANY ENTRANT WHO DURING THE SWEEPSTAKES ENTRY PROCESS SELECTS YES TO THE QUESTION “I WOULD LIKE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM MAJOR LEAGUE FISHING AND OUR SPONSORS” HEREBY GIVES CONSENT FOR MAJOR LEAGUE FISHING TO SHARE THE ENTRANT’S NAME, ZIP CODE, AND EMAIL ADDRESS WITH ALL SWEEPSTAKES ENTITIES FOR THE PURPOSES OF SENDING THE ENTRANT MARKETING AND OTHER EMAILS. ENTRANT MAY OPT OUT OF THE EMAILS AT ANY TIME.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by August 22, 2023, to: The MLF Toyota Tundra Limited & More Sweepstakes Official Rules Request, PO Box 654, Social Circle, GA 30025-654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after August 22, 2023), send a stamped, self-addressed envelope (no later than September 22, 2023), to: The MLF Toyota Tundra Limited & More Sweepstakes Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-654.
TMS brand and logos as well as TMS model names are trademarks of Toyota Motor Sales, U.S.A., Inc. TMS is not a sponsor of this Sweepstakes.
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ADMINISTRATOR: Major League Fishing, LLC(the “Sweepstakes Administrator”), 30 Gamble Lane, Benton, KY 42025.
SPONSOR: Major League Fishing, LLC (the “Sponsor”), 30 Gamble Lane, Benton, KY 42025.
SWEEPSTAKES ENTRY PERIOD: The 2023 MLF Lowe Stinger 198 Favorite Edition Bass Boat Giveaway (the “Sweepstakes”)begins at 12:00:01 AM Central Time (“CT”) on Wednesday, March 8, 2023 and ends at 11:59:59 PM CT on Sunday, July 2, 2023 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the United States and the District of Columbia who are at least 21 years of age at the time of entry (“Entrant”). Officers, directors, representatives, employees or agents of the Administrator, Sponsor, Favorite Fishing, Lowe Boats, and all of their respective owners, parents, affiliates, subsidiaries and successor companies, their advertising/promotional agencies (collectively the “Sweepstakes Entities“), and the members of their immediate families or those persons living in the same household of anyone so employed are ineligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean people who share the same residence at least three months a year. Sweepstakes is void in Alaska, Florida, Hawaii, New York, Puerto Rico, U.S. territories and possessions, outside of the United States and D.C., and where restricted or prohibited by law. By entering the Sweepstakes, Entrants agree to abide by all terms of the Official Rules (“Official Rules”) and all applicable local, state and federal laws and regulations.
HOW TO ENTER: To receive an entry during the Sweepstakes Period, eligible Entrants must visit www.majorleaguefishing.com/promos and follow all instructions to complete the entry form and submit to receive one (1) entry into the Sweepstakes (“Entry”).
Limit: One (1) Entry per Entrant per calendar day during the Sweepstakes Period regardless of whether Entrant has more than one email address. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, Entries generated by script, macro or other automated devices will void that Entrant’s Entries and that Entrant may be disqualified from the Sweepstakes. Multiple Entrants are not permitted to share the same email address. None of the Sweepstakes Entities will verify receipt of Entries for Entrants. All Entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
Entrants are subject to all notices posted online, including, but not limited to, the Sponsor’s Privacy Policy, which can be found at https://majorleaguefishing.com/privacy-policy/.
PRIZES/MANUFACTURER’S SUGGESTED RETAIL PRICE (“MSRP”)/ODDS:
There is one (1) Grand Prize, available to be won by one (1) winner (“Grand Prize Winner”), which shall consist of one (1) Lowe Stinger 198 Favorite Edition Bass Boat with a Manufacturer’s Suggested Retail Price (“MSRP”) of $49,995.00 (“Boat”) and $1,500 in Favorite Fishing merchandise (MSRP $1,500.).
There are four (4) Monthly Prizes, available to be won by four (4) winners (“Monthly Prize Winner”), which shall consist of one (1) Favorite Army Casting Combo with a MSRP of $119.97.
The total MSRP of all Prizes is: $51,974.88 and is as of date of drafting these Official Rules.
The difference in value of Grand Prize as stated herein and value at time of Grand Prize notification/award, if any, will not be awarded. Odds of winning the Grand Prize or Monthly Prizes depend on the number of eligible Entries received during the Sweepstakes Period. Grand Prize and Monthly Prizes are non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsor’s sole discretion, or as otherwise stated in these Official Rules. In the event that the Boat is not available in certain U.S. geographic locations, Sponsor, in its sole discretion, will provide an alternate prize with one of comparable value to the MSRP of the unavailable Boat. Grand Prize Winner is responsible for all taxes and other costs and fees associated with Prize receipt and/or use not specified herein as being awarded. The depiction of the Boat in any advertising or promotional materials may not reflect the actual Boat to be provided to the Winner. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prizes provided pursuant to the Sweepstakes and/or any Entrant’s participation in the Sweepstakes.
RANDOM DRAWINGS:
The potential Grand Prize Winner be selected in a random drawing on or about Wednesday, July 5, 2023 from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, whose decisions are final.
The potential Monthly Prize Winners be selected in a random drawing based on the following schedule from among all eligible entries received during the Monthly Period by the Sweepstakes Administrator, whose decisions are final:
Monthly Prize #1
Monthly Period: March 8-31, 2023
Random Drawing: On or about Tuesday, April 4, 2023
Monthly Prize #2
Monthly Period: April 1-30, 2023
Random Drawing: On or about Tuesday, May 2, 2023
Monthly Prize #3
Monthly Period: May 1-31, 2023
Random Drawing: On or about Tuesday, June 6, 2023
Monthly Prize #4
Monthly Period: June 1-July 2, 2023
Random Drawing: On or about Wednesday, July 5, 2023
WINNER NOTIFICATION & VERIFICATION: The potential Grand Prize Winner and potential Monthly Prize Winners will be notified by the Administrator via email and/or phone. The potential Grand Prize Winner will be required to return to Administrator within seven (7) days of Prize notification, a signed and notarized Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release, as well as a signed and notarized Affidavit of Eligibility and Liability/Publicity Release for receipt of the Boat (collectively, “the Releases”). These Releases will require the Grand Prize Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing.
PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF PRIZE OFFERED OR ANY ELEMENT OF PRIZE OFFERED IS AT WINNER’S OWN RISK.
GENERAL PRIZE CONDITIONS: If the Grand Winner or Monthly Prize Winners fail to comply with these Official Rules, cannot be located or reached, has provided an incorrect e-mail or mailing address, is determined to be ineligible, fails to claim the Prize, or if any Prize notification or any element of Prize is returned as undeliverable, Prize Winner will forfeit Prize and an alternate Prize Winner may be selected without further notice. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if Sponsor fails to receive a sufficient number of entries to correspond to the number of prizes available to be awarded, Sponsor reserves the right to not award such prize(s).
The Grand Prize and Monthly Prizes not redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value at its discretion. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Any element of awarded Grand Prize or Monthly Prizes that remains unclaimed or expires will become void.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of Grand Prize or Monthly Prizes constitutes permission to use winner’s name, prize won, hometown, likeness, video recordings, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by the Sweepstakes Entities, other than as otherwise stated herein. Winner acknowledges that the Sweepstakes Entities do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the Prize being offered, except that each merchandise Prize shall be subject to its manufacturer’s standard warranty (if any). Any and all warranties and/or guarantees on any element of Prize (if any) is subject to the manufacturer’s terms thereof, and Winner agrees to look solely to such manufacturer for any warranty and/or guarantee.
GENERAL: Entrants agree to these Official Rules and the decisions of the Sponsor and the Administrator, and release the Sweepstakes Entities, Favorite Fishing and Brunswick Corporation, and their respective parents, subsidiaries, and affiliates, and all other businesses involved in this Sweepstakes, as well as their respective employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the Prizes offered. Participating entrants assume all liability for and Released Parties shall be held harmless against any liability for any injury, losses or damages of any kind to persons, including personal injury or death, or injury to property caused or claimed to be caused in whole or in part, directly or indirectly, by participation in this Sweepstakes, acceptance, possession, or use/misuse of the Prize, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the Prize.
In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the “Authorized Account Holder” of the e-mail address submitted at time of Entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any Entrant or potential Winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the Entry. Entry materials/data that have been tampered with or altered, or any mass entries or entries generated by a script, macro or use of automated devices are void. The Sweepstakes Entities are not responsible for: (i) lost, late, misdirected, damaged or illegible Entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, Entrants (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries or individuals from the Sweepstakes and any sweepstakes it sponsors and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT, OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE, AS APPLICABLE. FURTHER, SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS, CHANGES IN SERVICE OR ACCOMMODATIONS OR SUBSTITUTIONS, OR FOR ANY ACTS OR OMISSIONS BY ANY THIRD PARTIES BEYOND ITS REASONABLE CONTROL, INCLUDING THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE TO WINNER, OR FOR ANY RESULTING INJURIES, INCLUDING MONEY DAMAGES, COSTS AND EXPENSES, PROPERTY DAMAGES, PERSONAL INJURIES OR DEATH RESULTING THEREFROM.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Kentucky, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Marshall County, Kentuckyand any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Marshall County, Kentucky. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Marshall County, Kentucky. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list. Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://majorleaguefishing.com/privacy-policy/.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by July 15, 2023, to: 2023 MLF Lowe Stinger 198 Favorite Edition Bass Boat Giveaway Official Rules Request, 30 Gamble Lane, Benton, KY 42025.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after August 1, 2023), send a stamped, self-addressed envelope (no later than September 1, 2023), to: 2023 MLF Lowe Stinger 198 Favorite Edition Bass Boat Giveaway Winner Confirmation Request, 30 Gamble Lane, Benton, KY 42025.
Favorite Fishing and Lowe Boats brands and logos, as well as Lowe Boats model names, are trademarks of each respective company. Favorite Fishing, Brunswick Corporation (and its affiliates and divisions including Lowe Boats) are not a sponsor of this Sweepstakes.
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
NO PURCHASE NECESSARY TO ENTER OR CLAIM PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
OFFERED ONLY IN THE 50 UNITED STATES AND DISTRICT OF COLUMBIA (“U.S.”) AND OPEN ONLY TO LEGAL U.S. RESIDENTS WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY.
ELIGIBILITY: Open to legal U.S. residents who are 18 years of age or older at time of entry. Employees, agents, successors, and assignees of MLF (the “Sponsor”) and Polaris Industries, Inc., their respective subsidiaries, affiliates, advertising and promotion agencies, and members of their immediate families (spouses and parents, siblings, children, and their spouses and in-laws) and persons living in the same household of such employees are not eligible. Void where prohibited.
TO ENTER: MLF members who fish a Bass Fishing League Super Tournament August 12, 2023, through October 1, 2023, will automatically receive one entry into the Bass Fishing League Super Tournament Polaris Sportsman Giveaway (the “Promotion”) per tournament, with a maximum limit of 6 entries. To enter the Promotion without entering a Bass Fishing League Super Tournament, hand print your name, complete address, daytime phone number, email address, date of birth and “Bass Fishing League Super Tournament Polaris Sportsman Giveaway” on a 3” x 5” piece of paper and deposit your entry in an official ballot box at one of the participating Bass Fishing League Super Tournaments held August 12, 2023, through October 1, 2023.
LIMIT ONE ENTRY PER PERSON PER TOURNAMENT, WITH A MAXIMUM OF 6 TOURNAMENTS. MAXIMUM NUMBER OF ENTRIES PERMITTED PER PERSON IS 6, REGARDLESS OF METHOD OF ENTRY.
DRAWING/PRIZE/ODDS: On or about October 16, 2023, a random drawing will be conducted by Sponsor from among all eligible entries combined to award the following prizes:
(2) Grand Prizes: Each prize consists of a Polaris Sportsman® 570 EPS valued at approximately $8,699. One prize per entrant drawn.
The depiction of the prize in any advertising, promotional materials or displays may not reflect the actual prize the winner will receive. Sponsor will determine all features of prize including, but not limited to, color and accessories. Winner is responsible for title, applicable taxes (including without limitation any incremental income taxes and any sales, use or property taxes), license, registration, dealer preparation, insurance and other fees associated with prize. Sponsor shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury or death in connection with the prize provided pursuant to the Promotion and/or any person’s participation in the Promotion; provided, however, that Polaris shall be solely responsible for any express written limited warranties specifically set forth in the applicable Owner’s Guide for the prize. Winner must take delivery of the prize at a Polaris dealership in proximity to winner’s residence (as determined by Sponsor in its sole discretion), within 60 days of notice of availability.
Winner will be notified by phone, email and/or mail at Sponsor’s sole discretion. Odds of winning will be determined by the number of eligible entries received.
GENERAL: By participating, entrants agree (a) to these rules and decisions of Sponsor and judges which shall be final in all respects; (b) to release and hold harmless Sponsor, Polaris Industries, Inc., their respective subsidiaries, affiliates and agencies, and their respective directors, officers, employees, agents and representatives (aforementioned individuals and organizations collectively, the “Releasees”) from any and all claims, demands, costs, expenses, liability, losses or damages of any kind resulting from their participation in the promotion or their acceptance, use or misuse of a prize, including liability for personal injury or death; (c) if a winner, to the use by Sponsor and its designees of name and/or photograph for advertising and publicity purposes without compensation (unless prohibited by law) and to execute specific consent to such use if asked to do so, and to the announcement of their name, city and state; and (d) that Sponsor and its agents have not made any representation, warranty or guaranty, in whole or in part, in law or in fact, relative to the prize. Winner will be required to complete an affidavit of eligibility and liability release and (where legal) a publicity release, and W9 form, which must be returned within the time period specified by Sponsor or an alternate winner may be selected. The value of the prize will be taxable to Winner as income. Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Winner for the actual value of the prize received. Return of any prize/prize notification as undeliverable may result in disqualification of winner and selection of an alternate winner. Releasees are not responsible and shall not be liable for: (a) any telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; (b) failed, incomplete, garbled or delayed computer transmissions; (c) late, lost, illegible, postage-due, incomplete, damaged or misdirected entries or mail; and (d) any condition caused by events that may cause the promotion to be disrupted or corrupted. Sponsor reserves the right in its sole discretion to cancel or suspend the sweepstakes or any portion thereof should viruses, bugs, or other causes corrupt the administration, security or proper play of the promotion; in which case prizes will be awarded via a random drawing from among all eligible entries received prior to cancellation. Entries become the property of Sponsor. No prize transfer. No prize substitution except at Sponsor’s sole discretion.
ARBITRATION/CHOICE OF LAW: Except where prohibited, entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, in Benton, Kentucky, USA; (b) any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages (other than for actual out-of-pocket expenses), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official rules, or the rights and obligations of entrant and/or Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Kentucky, USA, without regard for conflicts of law doctrine, and all proceedings shall take place in Benton, Kentucky, USA.
PRIVACY POLICY/USE OF DATA. Information submitted with an entry is subject to the Privacy Policy stated at www.majorleaguefishing.com.
WINNER’S NAME: For the name of the winner, mail a self-addressed, stamped envelope to be received by December 31, 2023, to: MLF, Attn: Bass Fishing League Super Tournament Polaris Sportsman Giveaway Winner, 30 Gamble Lane, Benton, KY 42025.
Sponsor: MLF, 30 Gamble Lane, Benton, KY 42025.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
Sponsor: The Sponsor of the Ott DeFoe MLF Autographed Tournament-Worn Jersey Giveaway is Major League Fishing LLC, 30 Gamble Lane, Benton, KY 42025.
Eligibility: The Ott DeFoe MLF Autographed Tournament-Worn Jersey Giveaway (the “Sweepstakes”) is only open to those who sign up at https://majorleaguefishing.com/member-promos/; are 18 years of age as of the date of entry; and are a current member of Major League Fishing’s MLF FanPass, Subscriber Membership, or Premium Membership. The Sweepstakes is only open to legal residents of United States, and is void where prohibited by law. Employees, independent contractors, interns, officers, directors, and agents of Major League Fishing LLC (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.
Agreement to Rules: By entering the Sweepstakes, the contestant (“You”) agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor’s decisions as final and binding as it relates to the content of this campaign. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Sweepstakes.
Entry Period: The Sweepstakes begins on 5/1/2023 at 12:00:01 AM CDT and ends on 5/31/2023 at 11:59:59 PM CDT (the “Entry Period”). Entries submitted before or after the Entry Period will not be eligible.
How to Enter: The Sweepstakes must be entered by submitting an entry using the online form provided at https://majorleaguefishing.com/member-promos/. Limit of one (1) entry per person per day. The entry must fulfill all requirements of the Sweepstakes, as specified, to be eligible to win a prize. Entries that are incomplete or do not adhere to the rules or specifications of the Sweepstakes may be disqualified at the sole discretion of the Sponsor. You must provide 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 of the Sweepstakes, your submission may be disqualified at the sole discretion of the Sponsor.
Prizes: The winner(s) of the Sweepstakes (the “Winner”) will receive the following prizes:
One (1) winner will receive an Ott DeFoe MLF Autographed Tournament-Worn Jersey (approximate retail value $599 USD)
Actual/appraised value of prizes 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 shall be permitted except for at the Sponsor’s discretion. The prize is non-transferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. 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. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.
Odds of Winning: The odds of winning depend on the number of eligible entries received.
Winner Selection and Notification: The Winner will be selected by Random Draw under the supervision of the Sponsor. The Winner will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt of the prize offered in this Campaign by the Winner is conditioned upon compliance with any and all federal, state, and local laws and regulations. Any violation of these official rules by the Winner at the Sponsor’s sole discretion will result in the Winner’s disqualification as winner, and all privileges as winner will be immediately terminated.
Rights Granted by the Entrant: By entering this content (e.g., photo, video, text, etc.), You understand and agree that the Sponsor and anyone acting on behalf of the Sponsor or its respective licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Campaign, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, you represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of the Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Major League Fishing LLC from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Major League Fishing LLC may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
Terms and Conditions: The Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond the Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes. In such cases, the Sponsor may select a winner(s) from eligible entries received before and/or after the action taken by the Sponsor if appropriate. The Sponsor 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. The Sponsor 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, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Limitation of Liability: By entering the Sweepstakes you agree to release and hold harmless Major League Fishing LLC 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) unauthorized human intervention in any part of the Sweepstakes; (iii) electronic or human error in the administration of the Sweepstakes or the processing of entries; (iv) technical errors of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (v) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (vi) printing errors; (vii) lost, late, postage due, misdirected, or undeliverable mail.
Disputes: This Sweepstakes is governed by the laws of United States, without respect to conflict of law doctrines. By participating in this Campaign, you agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in United States having jurisdiction. Further, in any such dispute, under no circumstances shall You be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than actual out-of-pocket expenses (i.e. costs associated with entering the Sweepstakes). You further waive all rights to have damages multiplied or increased.
Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Major League Fishing LLC Website. To read the Privacy Policy, click here.
Winners List: To request a copy of the winners list please contact the Sponsor. Requests must be sent within four (4) weeks of the end of the Entry Period.
The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks that are used to share the Sweepstakes. You understand that you are providing your information to the owner of the Sweepstakes and not to Facebook, Twitter, Instagram, Snapchat, YouTube, Reddit, Pinterest, LinkedIn or any other social networks.
Acceptance of Rules: By participating in the Sweepstakes, You have affirmatively reviewed, accepted, and agreed to all of the Official Rules, Terms and Conditions.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
YOU MUST MAKE ALL SELECTIONS MANUALLY. IF YOU USE THE USE LAST SELECTIONS FEATURE, YOU WILL BE INELIGIBLE TO RECEIVE A PRIZE FOR THIS GAME.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Fantasy Game
Welcome to the Major League Fishing 2023 Fantasy Game – BPT 5 (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Bass Pro Tour Stage 5 fishing tournament (the “Tournament”) in accordance with these Major League Fishing 2023 Fantasy Game – BPT 5 Contest Rules (“Official Rules”). The Game begins on May 22, 2023 at 12:00:01 PM ET and ends on June 6, 2023 at the official posted start time of the Tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Phoenix Bass Boats, Pure Fishing, and Abu Garcia and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Signing Up
Participants may sign up to the Game at any time, during the Game Period, by visiting the Major League Fishing 2023 Fantasy Game – BPT 5 page accessible at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”).
Entering the Game/Making Picks
In order to participate in the Game, participants must, during the Game Entry Period: (i) go to the MLF Site; (ii) if not already, register for and sign-up to your account; (iii) manually complete the entry form by predicting the ten (10) anglers who will catch the highest cumulative weight of scorable fish during the Tournament based on the criteria outlined below; (iv) answer the tie-breaker question(s) if any; and (v) hit the submit button to save your entry form (and answers) and accept the Official Rules. The time at which the participant completes these actions as determined by MLF will be considered the participant’s official entry time (‘Official Entry Time”).
You must make all selections manually. If you use the Use Last Selections feature, you will be ineligible to receive a prize for this Game.
PLEASE NOTE: You must hit the submit button every time you make a change to your answers, otherwise your new answer(s)/pick(s) will not override your previous pick(s). If you change your answers at any time during the Game Period, your Official Entry Time will update accordingly to match the most recent time you hit the submit button. On rare occasion there may be an angler who drops from the Tournament and/or is replaced by another angler. Administrator will use best efforts to communicate these change(s) within the Build My Teams portion of the Game and via email to participants who have picked the dropped angler. However, it is ultimately the responsibility of the player to review their picks prior to the end of the Game Entry Period to determine if they would like to make any changes to their picks for any reason including dropped anglers and/or replacement anglers.
Though you do not need to answer every question presented (including the tie-breaker question(s) if any), if you end up in a tie and you have not entered and saved the tie-breaker prediction(s)/answer(s) if any, you will not be eligible for consideration, for the tie-break. We suggest you answer all questions for the Game. Administrator, at its sole discretion, will select the questions for the Game and list them on the MLF Site.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fantasy Game. If you do not want your name to appear on Major League Fishing Fantasy Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Fantasy Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Fantasy Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Scoring
Each participant will choose five (5) anglers from Group A and five anglers (5) from Group B as defined at the time the Game opens. At least one (1) of the anglers selected in Group A and at least one (1) of the anglers selected in Group B MUST be ranked 40th or below in the Angler of the Year standings at the time the Game opens. The assignment of anglers into Group A and Group B are done based on the Angler of Year standings.
The total weight of fish caught by these (10) anglers during the Tournament according to the official Bass Pro Tour rules (https://majorleaguefishing.com/circuits/bass-pro-tour/rules/) will determine a participant’s final score for the Game.
Eligible participants who enter their selections manually (not using the Use Last Selections feature) and accrue the most total weight (tie-breaker rules set forth below apply) in the Game may be declared a Game winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.
PLEASE NOTE: The final official weights as determined by MLF immediately following the completion of the Tournament will be the weights used to calculate total weight and ultimately prize winners for the Game. On rare occasions, MLF may go back in the days and weeks following a Tournament and adjust weights for purposes of the Tournament. These potential weight adjustments WILL NOT have any bearing on the results of the Game.
Deadlines
The end of the Game Entry Period is the official posted start time of the Tournament on June 6, 2023. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
The twenty (20) eligible participants who accrue the most total weight during the Game Period will be declared Top-20 Prize Winners (“Top-20 Winners”) (qualification and tie-breaker rules apply).
The Prize consists of an Abu Garcia Vengeance Rod/Reel combo (ARV US$99.99) (the “Top-20 Prize”). Each Top-20 Winner will receive one (1) Top-20 Prize.
Additionally, the first place finisher will receive a $150 Pure Fishing gift card and the second place finisher will receive a $100 Pure Fishing gift card.
Total ARV of all prizes is $2249.80.
Tiebreaker Rules
The twenty (20) eligible participants who accrue the most total weight during the Game Period will comprise the Top-20 Prize pool (“Top-20 Pool”).
Places one (1) through twenty (20) in the Top-20 Pool will be determined by descending order of total weight accrued during the Game Period. Participants finishing in one of the top 20 places in the Top-20 Pool will be declared Top-20 Winners.
In the event of a tie for one or more of the top 20 places in the Top-20 Pool, the participant(s), from amongst those tied participants, who correctly predicted or is closest to the correct total weight of scoreable fish the Tournament winner caught during the Championship Round (June 11, 2023) (“Tiebreaker Question”) will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
If a tie remains, the eligible participant with the earliest Official Entry Time will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
Please note: Any participant that fails to answer/predict the tie-breaker question(s), will not be eligible to participate in the tie-breaker.
Once a participant’s place has been determined, any remaining ties for the next place will be broken by using the tiebreaker process again with the remaining participants who are tied.
After all ties have been broken and all places in the Top-20 Pool have been determined, only participants finishing in one of the top 20 places in the Top-20 Pool will be declared Top-20 Winners. For the purposes of clarity, participants finishing in place 21 or lower in the Top-20 Pool (i.e. place 21, place 22, place 23, etc.) WILL NOT receive a Top-20 Prize.
Prize Notification
Each potential Top-20 Winner will be notified via email within thirty (30) days from the end of the Game Period. Winner(s) may need to complete and submit to MLF an Affidavit of Eligibility and release (the “Affidavit”) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID”) when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules.
Please note: Such Affidavit must be received by MLF with their current Gov. ID no later than one (1) week following official notification of winning a prize.
In the event a Top-20 Winner is deemed ineligible and/or does not claim their Prize within fifteen (15) days from the original prize notification email, such Prize will be forfeited and will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is canceled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules, the selection and/or announcement of a Winner, or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating total weight through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating total weight, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League Fishing 2023 Fantasy Game – BPT 5” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by June 30, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by July 15, 2023 to “Winners List: Major League Fishing 2023 Fantasy Game – BPT 5” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most total weight at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
YOU MUST MAKE ALL SELECTIONS MANUALLY. IF YOU USE THE USE LAST SELECTIONS FEATURE, YOU WILL BE INELIGIBLE TO RECEIVE A PRIZE FOR THIS GAME.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Fantasy Game
Welcome to the Major League Fishing 2023 Fantasy Game – TWI 5 (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Tackle Warehouse Invitationals – Stop 5 fishing tournament (the “Tournament”) in accordance with these Major League Fishing 2023 Fantasy Game – TWI 5 Contest Rules (“Official Rules”). The Game begins on May 8, 2023 at 12:00:01 PM ET and ends on June 17, 2023 at the official posted start time of the Tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Phoenix Bass Boats, Pure Fishing, and Abu Garcia and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Signing Up
Participants may sign up to the Game at any time, during the Game Period, by visiting the Major League Fishing 2023 Fantasy Game – TWI 5 page accessible at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”).
Entering the Game/Making Picks
In order to participate in the Game, participants must, during the Game Entry Period: (i) go to the MLF Site; (ii) if not already, register for and sign-up to your account; (iii) manually complete the entry form by predicting the ten (10) anglers who will catch the highest cumulative weight of scorable fish during the Tournament based on the criteria outlined below; (iv) answer the tie-breaker question(s) if any; and (v) hit the submit button to save your entry form (and answers) and accept the Official Rules. The time at which the participant completes these actions as determined by MLF will be considered the participant’s official entry time (‘Official Entry Time”).
You must make all selections manually. If you use the Use Last Selections feature, you will be ineligible to receive a prize for this Game.
PLEASE NOTE: You must hit the submit button every time you make a change to your answers, otherwise your new answer(s)/pick(s) will not override your previous pick(s). If you change your answers at any time during the Game Period, your Official Entry Time will update accordingly to match the most recent time you hit the submit button. On rare occasion there may be an angler who drops from the Tournament and/or is replaced by another angler. Administrator will use best efforts to communicate these change(s) within the Build My Teams portion of the Game and via email to participants who have picked the dropped angler. However, it is ultimately the responsibility of the player to review their picks prior to the end of the Game Entry Period to determine if they would like to make any changes to their picks for any reason including dropped anglers and/or replacement anglers.
Though you do not need to answer every question presented (including the tie-breaker question(s) if any), if you end up in a tie and you have not entered and saved the tie-breaker prediction(s)/answer(s) if any, you will not be eligible for consideration, for the tie-break. We suggest you answer all questions for the Game. Administrator, at its sole discretion, will select the questions for the Game and list them on the MLF Site.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fantasy Game. If you do not want your name to appear on Major League Fishing Fantasy Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Fantasy Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Fantasy Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Scoring
Each participant will choose five (5) anglers from Flight 1 and five anglers (5) from Flight 2 as defined at the time the Game opens. At least one (1) of the anglers selected in Flight 1 and at least one (1) of the anglers selected in Flight 2 MUST be ranked 40th or below in the Angler of the Year standings at the time the Game opens. The assignment of anglers into Flight 1 and Flight 2 are done based on the Angler of the Year standings.
The total weight of fish caught by these (10) anglers during the Tournament according to the official Tackle Warehouse Invitationals rules (https://majorleaguefishing.com/circuits/invitationals/rules/) will determine a participant’s final score for the Game.
Eligible participants who enter their selections manually (not using the Use Last Selections feature) and accrue the most total weight (tie-breaker rules set forth below apply) in the Game may be declared a Game winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.
PLEASE NOTE: The final official weights as determined by MLF immediately following the completion of the Tournament will be the weights used to calculate total weight and ultimately prize winners for the Game. On rare occasions, MLF may go back in the days and weeks following a Tournament and adjust weights for purposes of the Tournament. These potential weight adjustments WILL NOT have any bearing on the results of the Game.
Deadlines
The end of the Game Entry Period is the official posted start time of the Tournament on June 17, 2023. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
The twenty (20) eligible participants who accrue the most total weight during the Game Period will be declared Top-20 Prize Winners (“Top-20 Winners”) (qualification and tie-breaker rules apply).
The Prize consists of an Abu Garcia Vengeance Rod/Reel combo (ARV US$99.99) (the “Top-20 Prize”). Each Top-20 Winner will receive one (1) Top-20 Prize.
Additionally, the first place finisher will receive a $150 Pure Fishing gift card and the second place finisher will receive a $100 Pure Fishing gift card.
Total ARV of all prizes is $2249.80.
Tiebreaker Rules
The twenty (20) eligible participants who accrue the most total weight during the Game Period will comprise the Top-20 Prize pool (“Top-20 Pool”).
Places one (1) through twenty (20) in the Top-20 Pool will be determined by descending order of total weight accrued during the Game Period. Participants finishing in one of the top 20 places in the Top-20 Pool will be declared Top-20 Winners.
In the event of a tie for one or more of the top 20 places in the Top-20 Pool, the participant(s), from amongst those tied participants, who correctly predicted or is closest to the correct total weight of scoreable fish the Tournament winner caught during the Championship Round (June 19, 2023) (“Tiebreaker Question”) will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
If a tie remains, the eligible participant with the earliest Official Entry Time will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
Please note: Any participant that fails to answer/predict the tie-breaker question(s), will not be eligible to participate in the tie-breaker.
Once a participant’s place has been determined, any remaining ties for the next place will be broken by using the tiebreaker process again with the remaining participants who are tied.
After all ties have been broken and all places in the Top-20 Pool have been determined, only participants finishing in one of the top 20 places in the Top-20 Pool will be declared Top-20 Winners. For the purposes of clarity, participants finishing in place 21 or lower in the Top-20 Pool (i.e. place 21, place 22, place 23, etc.) WILL NOT receive a Top-20 Prize.
Prize Notification
Each potential Top-20 Winner will be notified via email within thirty (30) days from the end of the Game Period. Winner(s) may need to complete and submit to MLF an Affidavit of Eligibility and release (the “Affidavit”) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID”) when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules.
Please note: Such Affidavit must be received by MLF with their current Gov. ID no later than one (1) week following official notification of winning a prize.
In the event a Top-20 Winner is deemed ineligible and/or does not claim their Prize within fifteen (15) days from the original prize notification email, such Prize will be forfeited and will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is canceled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules, the selection and/or announcement of a Winner, or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating total weight through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating total weight, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League Fishing 2023 Fantasy Game – TWI 5” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by June 30, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by July 15, 2023 to “Winners List: Major League Fishing 2023 Fantasy Game – TWI 5” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most total weight at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
1. Introduction
Major League Fishing Predictor Game
Welcome to the Major League Fishing 2023 Predictor Game – BPT 5 (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Bass Pro Tour Stage 5 fishing tournament (the “Tournament”) in accordance with these Major League Fishing 2023 Predictor Game – BPT 5 Contest Rules (“Official Rules”). The Game begins on May 22, 2023 at 12:00:01 PM ET and ends on June 6, 2023 at the official posted start time of the Tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Pure Fishing, Abu Garcia, Brunswick Corporation, and Mercury Marine and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Signing Up
Participants may sign up to the Game at any time, during the Game Period, by visiting the Major League Fishing 2023 Predictor Game – BPT 5 page accessible at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”).
Entering the Game/Making Picks
In order to participate in the Game, participants must, during the Game Entry Period: (i) go to the MLF Site; (ii) if not already, register for and sign-up to your account; (iii) complete the entry form by predicting the outcome/answer of the up to fifteen (15) Game proposition questions; (iv) answer the tie-breaker question(s) if any; and (v) hit the submit button to save your entry form (and answers) and accept the Official Rules. The time at which the participant completes these actions as determined by MLF will be considered the participant’s official entry time (‘Official Entry Time”).
PLEASE NOTE: You must hit the submit button every time you make a change to your answers, otherwise your new answer(s)/pick(s) will not override your previous pick(s). If you change your answers at any time during the Game Period, your Official Entry Time will update accordingly to match the most recent time you hit the submit button. Though you do not need to answer every question presented (including the tie-breaker question(s) if any), if you end up in a tie and you have not entered and saved the tie-breaker prediction(s)/answer(s) if any, you will not be eligible for consideration, for the tie-break. We suggest you answer all questions for the Game. Administrator, at its sole discretion, will select the proposition questions for the Game and list them on the MLF Site.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fishing Predictor Game. If you do not want your name to appear on Major League Fishing Predictor Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Predictor Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Predictor Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Scoring
Participants will receive one (1) point for each correct pick they make. Eligible participants who accrue the most points (tie-breaker rules set forth below apply) in the Game may be declared a Game winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.
PLEASE NOTE: The final official weights as determined by MLF immediately following the completion of the Tournament will be the weights used to assign points and ultimately prize winners for the Game. On rare occasions, MLF may go back in the days and weeks following a Tournament and adjust weights for purposes of the Tournament. These potential weight adjustments WILL NOT have any bearing on the results of the Game.
Deadlines
The end of the Game Entry Period is June 6, 2023 at the official posted start time of the Tournament. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
The twenty (20) eligible participants who accrue the most points during the Game Period will be declared Top-20 Prize Winners (“Top-20 Winners”) (qualification and tie-breaker rules apply).
The Prize consists of an Abu Garcia Elite Max Spinning reel (Size 30) (ARV US$79.99) (the “Top-20 Prize”). Each Top-20 Winner will receive one (1) Top-20 Prize.
Additionally, the first place finisher will receive a $150 Pure Fishing gift card and the second place finisher will receive a $100 Pure Fishing gift card.
Total ARV of all prizes is $1,849.80.
Tiebreaker Rules
The twenty (20) eligible participants who accrue the most points during the Game Period will comprise the Top-20 Prize pool (“Top-20 Pool”).
Places one (1) through twenty (20) in the Top-20 Pool will be determined by descending order of total points accrued during the Game Period. Participants finishing in one of the top 20 places in the Top-20 Pool will be declared Top-20 Winners.
If two (2) or more eligible participants tie for the most points accrued during the Game Period, the participant(s), from amongst those tied participants, who correctly predicted or is closest to the correct number of anglers who recorded a one-day total weight (five bass limit) of 16 pounds or more during the Championship Round of the Tournament (June 11, 2023) (Question #6) (“Tiebreaker Question #1”) will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
If there is still a tie after the initial tiebreaker, the participant(s), from amongst the still tied participants, who correctly predicted or is closest to the correct number of total bass weighing 5 pounds or more that were part of the final weights (five bass limit) of the anglers competing during the Knockout Round (June 10, 2023) and Championship Round (June 11, 2023) of the Tournament (Question #5) (“Tiebreaker Question #2”) will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
If a tie remains, the eligible participant with the earliest Official Entry Time will be declared the higher finisher in the Top-20 Pool (qualification rules apply).
Please note: Any participant that fails to answer/predict the tie-breaker question(s), will not be eligible to participate in the tie-breaker.
Once a participant’s place has been determined, any remaining ties for the next place will be broken by using the tiebreaker process again with the remaining participants who are tied.
After all ties have been broken and all places in the Top-20 Pool have been determined, only participants finishing in one of the top 20 places in the Top-20 Pool will be declared Top-20 Winners. For the purposes of clarity, participants finishing in place 21 or lower in the Top-20 Pool (i.e. place 21, place 22, place 23, etc.) WILL NOT receive a Top-20 Prize.
Prize Notification
Each potential Top-20 Winner will be notified via email within thirty (30) days from the end of the Game Period. Winner(s) may need to complete and submit to MLF an Affidavit of Eligibility and release (the “Affidavit”) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID”) when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules.
Please note: Such Affidavit must be received by MLF with their current Gov. ID no later than one (1) week following official notification of winning a prize.
In the event a Top-20 Winner is deemed ineligible and/or does not claim their Prize within fifteen (15) days from the original prize notification email, such Prize will be forfeited and will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time.
Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is canceled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating points, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League Fishing 2023 Predictor Game – BPT 5” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by June 30, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by July 15, 2023 to “Winners List: Major League Fishing 2023 Predictor Game – BPT 5” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
YOU MUST MAKE ALL SELECTIONS MANUALLY. IF YOU USE THE USE LAST SELECTIONS FEATURE, YOU WILL BE INELIGIBLE TO RECEIVE A PRIZE FOR THIS GAME.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Fantasy Game
Welcome to the Major League Fishing 2023 Fantasy Game – BPT 5 Top 10 (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Bass Pro Tour Stage 5 fishing tournament (the “Tournament”) in accordance with these Major League Fishing 2023 Fantasy Game – BPT 5 Top 10 Contest Rules (“Official Rules”). The Game begins on May 22, 2023 at 12:00:01 PM ET and ends on June 6, 2023 at the official posted start time of the Tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Phoenix Bass Boats, Pure Fishing, and Abu Garcia and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfilment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Entering the Game
Participants who enter the Major League Fishing 2023 Fantasy Game – BPT 5 (the “Game”), at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”) are automatically entered into the Game. NO SEPARATE REGISTRATION IS NECESSARY OR REQUIRED.
You must make all selections manually. If you use the Use Last Selections feature, you will be ineligible to receive a prize for this Game.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fantasy Game. If you do not want your name to appear on Major League Fishing Fantasy Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Fantasy Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Fantasy Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Deadlines
The end of the Game Entry Period is the official posted start time of the Tournament on June 6, 2023. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
Grand Prize
The eligible participant who enters their selections manually (not using the Use Last Selections feature) and correctly predicts the anglers who finish in places 1st through 10th of the Tournament as determined by MLF at the conclusion of the Championship Round on June 11, 2023 will be declared the Grand Prize Winner (“Grand Prize Winner”) (qualifications apply).
IN THE UNLIKELY EVENT THAT FEWER THAN 10 ANGLERS OR MORE THAN 10 ANGLERS ARE COMPETING IN THE TOURNAMENT DURING THE CHAMPIONSHIP ROUND, THEN THE ENTIRE GAME IS NULL AND VOID AND NO PRIZES WILL BE AWARDED.
The Grand Prize Winner will received one (1) Grand Prize as detailed below.
The Grand Prize (ARV $100,000) includes:
The Phoenix Boat and Toyota Truck will be known collectively as the Prize Vehicles (“Prize Vehicles”).
The difference in value of Prize Vehicles as stated herein and value at time of Prize Vehicles notification/award, if any, will not be awarded. Prize Vehicles are non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Administrator’s sole discretion, or as otherwise stated in these Official Rules. In the event that the Prize Vehicle(s) are not available in certain U.S. geographic locations, Administrator, in its sole discretion, will provide an alternate prize with one of comparable value to the MSRP of the unavailable Prize Vehicle(s). Grand Prize Winner is responsible for all taxes and other costs and fees associated with Prize Vehicles receipt and/or use not specified herein as being awarded. The depiction of the Prize Vehicles in any advertising or promotional materials or the Event Vehicles (as described below) may not reflect the actual Vehicles to be provided to the Grand Prize Winner. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize Vehicles provided pursuant to the Sweepstakes and/or any Entrant’s participation in the Sweepstakes.
Grand Prize Winner Verification: If the Grand Prize is won, on or about June 13, 2023, the Grand Prize Winner will be contacted by the Administrator via email and will be required to return to Administrator within seven (7) days of Grand Prize notification a completed and signed IRS W-9 Form, a copy of their current driver’s license or current government issued ID, and, where allowable, a signed and notarized Affidavit of Eligibility and Liability/Publicity Release (the “Vehicle Release”) for receipt of the Prize Vehicles. By completing such Affidavit, it will be understood that Winner has complied with the Game Rules. The IRS W-9 Form and Vehicle Release will require the Grand Prize Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and no alternate winner will be selected.
1The depiction of the Prize Vehicles in any advertising or promotional materials may not reflect the actual Prize Vehicles delivered to the Grand Prize Winner. Administrator will determine all features of Prize Vehicles, including, but not limited to, color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by Grand Prize Winner. Grand Prize Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery (or the Grand Prize Winner’s rights to the Prize Vehicles shall be automatically forfeited and no alternate winner will be selected). Grand Prize Winner is responsible for title, applicable taxes, license, registration, dealer preparation costs, auto insurance and other fees associated with receipt and/or use of the Prize Vehicles. The Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize Vehicles provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Phoenix Boats and Toyota Motor Sales (TMS) shall be solely responsible for any express-written limited warranties specifically set forth in the applicable Owner’s Guide for the Prize Vehicles. Grand Prize Winner must take delivery of Prize Vehicles from the dealership designated by Administrator, which dealership Administrator shall make best efforts to select one close to Grand Prize Winner’s primary residence. Administrator shall not be responsible for delays in delivery of the Prize Vehicles, and delivery is subject to availability. Administrator shall, however, use all reasonable efforts, subject to availability, to deliver the Prize Vehicles within one hundred eighty (180) days of completion of Grand Prize Winner’s verification process. The Grand Prize Winner shall bear all risk of loss or damage to the Prize Vehicles after they have been delivered to the specified delivery site. The Grand Prize Winner must personally retrieve the Prize Vehicles within thirty (30) days of written notification of delivery. Prize Vehicles are non-transferable and no substitution or cash equivalent is allowed except as provided herein at Administrator’s discretion. Administrator reserves the right to substitute the Prize Vehicles for ones of comparable or greater value, at their sole discretion.
Grand Prize Tiebreaker Rules
If two (2) or more eligible participants enter their selections manually (not using the Use Last Selections feature) and correctly predict the anglers who finish in places 1st through 10th of the Tournament as determined by MLF at the conclusion of the Championship Round on June 11, 2023, they shall be declared Co-Grand Prize Winners (“Co-Grand Prize Winners”) (qualification apply). The Co-Grand Prize Winners shall evenly split the sum of $100,000.00.
If the Grand Prize is won under the Grand Prize Tiebreaker Rules, on or about June 13, 2023, the Co-Grand Prize Winners will be contacted by the Administrator via email and will be required to return to Administrator within seven (7) days of Grand Prize notification a completed and signed IRS W-9 Form, a copy of their current driver’s license or current government issued ID, and, where allowable, a signed and notarized Affidavit of Eligibility and Liability/Publicity Release (the “Releases”). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules. The IRS W-9 Form and Releases will require the Co-Grand Prize Winners to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and no alternate winner will be selected.
In the event a Grand Prize Winner or Co-Grand Prize Winner is deemed ineligible and/or does not claim their Grand Prize within fifteen (15) days from the original prize winner notification email, no alternate winner will be selected.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is cancelled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules, the selection and/or announcement of a Winner, or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating points, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League Fishing 2023 Fantasy Game – BPT 5 Top 10” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by June 30, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by July 15, 2023 to “Winners List: Major League Fishing 2023 Fantasy Game – BPT 5 Top 10” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
YOU MUST MAKE ALL SELECTIONS MANUALLY. IF YOU USE THE USE LAST SELECTIONS FEATURE, YOU WILL BE INELIGIBLE TO RECEIVE A PRIZE FOR THIS GAME.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Fantasy Game
Welcome to the Major League Fishing 2023 Fantasy Game – TWI 5 Top 10 (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Tackle Warehouse Invitationals – Stop 5 fishing tournament (the “Tournament”) in accordance with these Major League Fishing 2023 Fantasy Game – TWI 5 Top 10 Contest Rules (“Official Rules”). The Game begins on May 8, 2023 at 12:00:01 PM ET and ends on June 17, 2023 at the official posted start time of the Tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Phoenix Bass Boats, Pure Fishing, and Abu Garcia and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfilment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Entering the Game
Participants who enter the Major League Fishing 2023 Fantasy Game – TWI 5 (the “Game”), at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”) are automatically entered into the Game. NO SEPARATE REGISTRATION IS NECESSARY OR REQUIRED.
You must make all selections manually. If you use the Use Last Selections feature, you will be ineligible to receive a prize for this Game.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fantasy Game. If you do not want your name to appear on Major League Fishing Fantasy Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Fantasy Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Fantasy Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Deadlines
The end of the Game Entry Period is the official posted start time of the Tournament on June 17, 2023. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
Grand Prize
The eligible participant who enters their selections manually (not using the Use Last Selections feature) and correctly predicts the anglers who finish in places 1st through 10th of the Tournament as determined by MLF at the conclusion of the Championship Round on June 19, 2023 will be declared the Grand Prize Winner (“Grand Prize Winner”) (qualifications apply).
The Grand Prize Winner will received one (1) Grand Prize as detailed below.
The Grand Prize (ARV $100,000) includes:
The Phoenix Boat and Toyota Truck will be known collectively as the Prize Vehicles (“Prize Vehicles”).
The difference in value of Prize Vehicles as stated herein and value at time of Prize Vehicles notification/award, if any, will not be awarded. Prize Vehicles are non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Administrator’s sole discretion, or as otherwise stated in these Official Rules. In the event that the Prize Vehicle(s) are not available in certain U.S. geographic locations, Administrator, in its sole discretion, will provide an alternate prize with one of comparable value to the MSRP of the unavailable Prize Vehicle(s). Grand Prize Winner is responsible for all taxes and other costs and fees associated with Prize Vehicles receipt and/or use not specified herein as being awarded. The depiction of the Prize Vehicles in any advertising or promotional materials or the Event Vehicles (as described below) may not reflect the actual Vehicles to be provided to the Grand Prize Winner. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize Vehicles provided pursuant to the Sweepstakes and/or any Entrant’s participation in the Sweepstakes.
Grand Prize Winner Verification: If the Grand Prize is won, on or about June 20, 2023, the Grand Prize Winner will be contacted by the Administrator via email and will be required to return to Administrator within seven (7) days of Grand Prize notification a completed and signed IRS W-9 Form, a copy of their current driver’s license or current government issued ID, and, where allowable, a signed and notarized Affidavit of Eligibility and Liability/Publicity Release (the “Vehicle Release”) for receipt of the Prize Vehicles. By completing such Affidavit, it will be understood that Winner has complied with the Game Rules. The IRS W-9 Form and Vehicle Release will require the Grand Prize Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and no alternate winner will be selected.
1The depiction of the Prize Vehicles in any advertising or promotional materials may not reflect the actual Prize Vehicles delivered to the Grand Prize Winner. Administrator will determine all features of Prize Vehicles, including, but not limited to, color of exterior and interior, and all other features or upgrades will be allowed only if permitted by delivery dealer and paid for by Grand Prize Winner. Grand Prize Winner must be a U.S. licensed driver and will be required to provide proof of valid U.S. driver’s license and legally-required insurance at time of delivery (or the Grand Prize Winner’s rights to the Prize Vehicles shall be automatically forfeited and no alternate winner will be selected). Grand Prize Winner is responsible for title, applicable taxes, license, registration, dealer preparation costs, auto insurance and other fees associated with receipt and/or use of the Prize Vehicles. The Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize Vehicles provided pursuant to the Sweepstakes and/or any person’s participation in the Sweepstakes; provided, however, that Phoenix Boats and Toyota Motor Sales (TMS) shall be solely responsible for any express-written limited warranties specifically set forth in the applicable Owner’s Guide for the Prize Vehicles. Grand Prize Winner must take delivery of Prize Vehicles from the dealership designated by Administrator, which dealership Administrator shall make best efforts to select one close to Grand Prize Winner’s primary residence. Administrator shall not be responsible for delays in delivery of the Prize Vehicles, and delivery is subject to availability. Administrator shall, however, use all reasonable efforts, subject to availability, to deliver the Prize Vehicles within one hundred eighty (180) days of completion of Grand Prize Winner’s verification process. The Grand Prize Winner shall bear all risk of loss or damage to the Prize Vehicles after they have been delivered to the specified delivery site. The Grand Prize Winner must personally retrieve the Prize Vehicles within thirty (30) days of written notification of delivery. Prize Vehicles are non-transferable and no substitution or cash equivalent is allowed except as provided herein at Administrator’s discretion. Administrator reserves the right to substitute the Prize Vehicles for ones of comparable or greater value, at their sole discretion.
Grand Prize Tiebreaker Rules
If two (2) or more eligible participants enter their selections manually (not using the Use Last Selections feature) and correctly predict the anglers who finish in places 1st through 10th of the Tournament as determined by MLF at the conclusion of the Championship Round on June 19, 2023, they shall be declared Co-Grand Prize Winners (“Co-Grand Prize Winners”) (qualification apply). The Co-Grand Prize Winners shall evenly split the sum of $100,000.00.
If the Grand Prize is won under the Grand Prize Tiebreaker Rules, on or about June 20, 2023, the Co-Grand Prize Winners will be contacted by the Administrator via email and will be required to return to Administrator within seven (7) days of Grand Prize notification a completed and signed IRS W-9 Form, a copy of their current driver’s license or current government issued ID, and, where allowable, a signed and notarized Affidavit of Eligibility and Liability/Publicity Release (the “Releases”). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules. The IRS W-9 Form and Releases will require the Co-Grand Prize Winners to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and no alternate winner will be selected.
In the event a Grand Prize Winner or Co-Grand Prize Winner is deemed ineligible and/or does not claim their Grand Prize within fifteen (15) days from the original prize winner notification email, no alternate winner will be selected.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is cancelled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules, the selection and/or announcement of a Winner, or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating points, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League Fishing 2023 Fantasy Game – TWI 5 Top 10” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by June 30, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by July 15, 2023 to “Winners List: Major League Fishing 2023 Fantasy Game – TWI 5 Top 10” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Fantasy Game
Welcome to the Major League Fishing 2023 Fantasy Game – BPT Season-Long (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Bass Pro Tour season comprised of nine (9) fishing tournaments (the “BPT Season”) in accordance with these Major League Fishing 2023 Fantasy Game – BPT Season-Long Contest Rules (“Official Rules”). The Game begins on January 10, 2023 at 12:00:01 PM ET and ends on August 1, 2023 at the official posted start time of the 2023 Bass Pro Tour Stage 7 fishing tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Phoenix Bass Boats, Pure Fishing, Abu Garcia, and Randall Tharp, Inc. and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Entering the Game
Participants who enter one (1) or more the nine (9) Major League Fishing 2023 Fantasy Games – BPT (collectively “Fantasy Games – BPT”) at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”) are automatically entered into the Game. NO SEPARATE REGISTRATION IS NECESSARY OR REQUIRED.
The nine (9) Fantasy Games – BPT are as follows:
Each of the nine (9) Fantasy Games – BPT have their own set of rules and entry criteria as described on the MLF Site.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fantasy Game. If you do not want your name to appear on Major League Fishing Fantasy Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Fantasy Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Fantasy Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Scoring
For the purposes of the Game, each participant’s total weight from the Fantasy Games – BPT are added together to arrive at a final total weight for the season (“Season Total”).
Participants who use the Use Last Selections feature for one or more Fantasy Games – BPT will have their weights from those games added to their Season Total. For any Fantasy Games – BPT games in which the participant did not make manual selections and did not use the Use Last Selections feature, 0 total weight will be added to the participant’s Season Total.
The eligible participant who accrued the most total weight (tie-breaker rules set forth below apply) in the Game may be declared the Game winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.
PLEASE NOTE: The final official weights as determined by MLF immediately following the completion of any tournament during the BPT Season will be the weights used to assign total weight and ultimately prize winners for the Game. On rare occasions, MLF may go back in the days and weeks following a Tournament and adjust weights for purposes of the Tournament. These potential weight adjustments WILL NOT have any bearing on the results of the Game.
Deadlines
The end of the Game Entry Period is on August 1, 2023 at the official posted start time of the 2023 Bass Pro Tour Stage 7 fishing tournament. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
Grand Prize
The eligible participant who accrues the most total weight during the Game Period will be declared the Grand Prize Winner (“Grand Prize Winner”) (qualification and tie-breaker rules apply). The Grand Prize Winner will received one (1) Grand Prize as detailed below.
The Grand Prize is provided by Phoenix Bass Boats (“Sponsor”) and consists of a trip package for one (1) person (the Grand Prize Winner) to a to-be-determined location to fish with professional angler Randall Tharp (“Grand Prize”). Trip dates will be scheduled on a date mutually agreed upon by the Grand Prize Winner and the Sponsor.
The Grand Prize (ARV US$2800) includes:
All travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, hotel, resort or property fees, food & beverage and personal expenses are the sole responsibility of Grand Prize Winner. Grand Prize Winner must have valid photo ID prior to departure.
Grand Prize trip must be taken on dates specified by Sponsor or Grand Prize will be forfeited in its entirety. Dates are subject to change in Sponsor’s sole discretion. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize Winner’s home. In the event the Grand Prize Winner’s residence is close enough to the to-be-determined location such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from Grand Prize Winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize Winner is responsible for obtaining any travel insurance (and all other forms of insurance) that he/she may wish to obtain (at his/her own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required by the Grand Prize Winner at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability.
If weather or other incident or conditions beyond the control of the Sponsor affects the ability for the Grand Prize Winner to redeem any portion of the Grand Prize during the scheduled date and time, then the Sponsor shall have no further obligation to the Grand Prize Winner other than to supply the remaining elements of the Grand Prize minus the unused portion of the Grand Prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Winner’s transportation and such contracts shall be solely between the Grand Prize Winner, and such transportation companies. Trip components issued in connection with the prize may not be eligible for frequent flyer miles, other rewards programs or upgrades.
If for any reason whatsoever, Grand Prize Winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize Winner. Grand Prize Winner is responsible for obtaining the proper travel documentation prior to travel. In the event the Grand Prize Winner and/or travel companion (if applicable) engages in behavior that, as determined by the Contest Entities in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of the Contest Entities or Randall Tharp or any of Contest Entities or Randall Tharp Inc services, products, trademarks, service marks, or logos, the Contest Entities reserve the right to terminate the trip early, whole or in part, and send the Grand Prize Winner home with no further obligation or compensation whatsoever to Grand Prize Winner and/or travel companion (if applicable). In the event the Grand Prize Winner engages in behavior during travel that (as determined by the Contest Entities in their sole discretion) is illegal, tortious, or subjects Grand Prize Winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize Winner as a result of such conduct. If Grand Prize Winner is unable to make the trip or is otherwise unavailable on the determined date, or if Randall Tharp is unavailable or the opportunity to fish with Randall Tharp is cancelled for reasons beyond the Contest Entities’ control, Grand Prize Winner understands and agrees that the opportunity to fish with Randall Tharp component of the Grand Prize has NO CASH VALUE and that the Grand Prize will consist of only the remaining US travel-related prize elements and other Grand Prize elements listed above.
CONTEST ENTITIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. PARTICIPATION IN THIS PROMOTION AND THE RECEIPT AND/OR USE OF ANY PRIZE OFFERED IS AT YOUR OWN RISK. GRAND PRIZE WINNER ACKNOWLEDGES THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH FISHING, INCLUDING BUT NOT LIMITED TO: DROWNING WHILE ENGAGED IN BOATING, FISHING AND WADING; INJURIES RECEIVED FROM MECHANICAL OR MOVING BOAT PARTS; INJURIES RECEIVED FROM FISHING EQUIPMENT OR RECEIVED FROM OTHER’S USE OF FISHING EQUIPMENT; INJURIES FROM ENCOUNTERS WITH WILDLIFE AND/OR INSECTS; INJURIES FROM EXPOSURE TO SUN, WIND, WEATHER AND/OR OTHER NATURAL ELEMENTS OR ACT OR OMISSION OF ANY GUIDE CONNECTED WITH ANY FISHING EXPERIENCE; RAPID MEDICAL ATTENTION AND/OR EMERGENCY RESPONSE MAY NOT BE AVAILABLE; AND THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF SUCH ACTIVITIES, AND GRAND PRIZE WINNER ASSUMES THESE RISKS AND DANGERS.
Grand Prize Tiebreaker Rules
If two (2) or more eligible participants tie for the most total weight accrued during the Game Period, the weights generated from the Use Last Selections feature for each participant are deducted from their Season Total. The eligible participant with the most total weight remaining will be deemed the Grand Prize Winner (qualification rules apply).
If a tie remains, the participant(s), from amongst those tied participants, who had the highest total weight from any one (1) of the Fantasy Games – BPT games in which they made manual selections and did not use the Use Last Selections feature will be deemed the Grand Prize Winner (qualification rules apply).
If a tie remains, the eligible participant who had the highest total weight between any two (2) of the Fantasy Games – BPT games in which they made manual selections and did not use the Use Last Selections feature will be declared the Grand Prize Winner (qualification rules apply). The process continues, adding the next highest weight from the Fantasy Games – BPT games in which they made manual selections and did not use the Use Last Selections feature until the tie is broken.
Prize Notification
The potential Grand Prize Winner (“Winner”) will be notified via email within thirty (30) days from the end of the Game Period. Winner may need to complete and submit to MLF an Affidavit of Eligibility and release (the “Affidavit”) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID”) when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules.
Please note: Such Affidavit must be received by MLF with their current Gov. ID no later than one (1) week following official notification of winning a prize.
In the event a Winner is deemed ineligible and/or does not claim their Prize by dates specified herein, an alternate Winner may be selected in accordance with these Official Rules. Only one attempt for a new alternate will be conducted. If attempts fail, such Prize will be forfeited, and such Prize will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is canceled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating total weight through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating total weight, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League 2023 Fishing Fantasy Game – BPT Season-Long” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by August 15, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by August 31, 2023 to “Winners List: Major League Fishing 2023 Fantasy Game – BPT Season-Long” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most total weight at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Fantasy Game
Welcome to the Major League Fishing 2023 Fantasy Game – TWI Season-Long (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Tackle Warehouse Invitational season comprised of six (6) fishing tournaments (the “TWI Season”) in accordance with these Major League Fishing 2023 Fantasy Game – TWI Season-Long Contest Rules (“Official Rules”). The Game begins on January 10, 2023 at 12:00:01 PM ET and ends on July 25, 2023 at the official posted start time of the 2023 Tackle Warehouse Invitationals – Mississippi River (TWI 6) fishing tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Phoenix Bass Boats, Pure Fishing, Abu Garcia, and Greg Vinson, Inc. and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Entering the Game
Participants who enter one (1) or more the six (6) Major League Fishing 2023 Fantasy Games – TWI (collectively “Fantasy Games – TWI”) at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”) are automatically entered into the Game. NO SEPARATE REGISTRATION IS NECESSARY OR REQUIRED.
The six (6) Fantasy Games – TWI are as follows:
Each of the six (6) Fantasy Games – TWI have their own set of rules and entry criteria as described on the MLF Site.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Fantasy Game. If you do not want your name to appear on Major League Fishing Fantasy Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Fantasy Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Fantasy Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Scoring
For the purposes of the Game, each participant’s total weight from the Fantasy Games – TWI are added together to arrive at a final total weight for the season (“Season Total”).
Participants who use the Use Last Selections feature for one or more Fantasy Games – TWI will have their weights from those games added to their Season Total. For any Fantasy Games – TWI games in which the participant did not make manual selections and did not use the Use Last Selections feature, 0 total weight will be added to the participant’s Season Total.
The eligible participant who accrued the most total weight (tie-breaker rules set forth below apply) in the Game may be declared the Game winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.
PLEASE NOTE: The final official weights as determined by MLF immediately following the completion of any tournament during the TWI Season will be the weights used to assign total weight and ultimately prize winners for the Game. On rare occasions, MLF may go back in the days and weeks following a Tournament and adjust weights for purposes of the Tournament. These potential weight adjustments WILL NOT have any bearing on the results of the Game.
Deadlines
The end of the Game Entry Period is on July 25, 2023 at the official posted start time of the 2023 Tackle Warehouse Invitationals – Mississippi River (TWI 6) fishing tournament. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
Grand Prize
The eligible participant who accrues the most total weight during the Game Period will be declared the Grand Prize Winner (“Grand Prize Winner”) (qualification and tie-breaker rules apply). The Grand Prize Winner will received one (1) Grand Prize as detailed below.
The Grand Prize is provided by Phoenix Bass Boats (“Sponsor”) and consists of a trip package for one (1) person (the Grand Prize Winner) to a to-be-determined location to fish with professional angler Greg Vinson (“Grand Prize”). Trip dates will be scheduled on a date mutually agreed upon by the Grand Prize Winner and the Sponsor.
The Grand Prize (ARV US$2800) includes:
All travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, hotel, resort or property fees, food & beverage and personal expenses are the sole responsibility of Grand Prize Winner. Grand Prize Winner must have valid photo ID prior to departure.
Grand Prize trip must be taken on dates specified by Sponsor or Grand Prize will be forfeited in its entirety. Dates are subject to change in Sponsor’s sole discretion. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize Winner’s home. In the event the Grand Prize Winner’s residence is close enough to the to-be-determined location such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from Grand Prize Winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize Winner is responsible for obtaining any travel insurance (and all other forms of insurance) that he/she may wish to obtain (at his/her own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required by the Grand Prize Winner at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability.
If weather or other incident or conditions beyond the control of the Sponsor affects the ability for the Grand Prize Winner to redeem any portion of the Grand Prize during the scheduled date and time, then the Sponsor shall have no further obligation to the Grand Prize Winner other than to supply the remaining elements of the Grand Prize minus the unused portion of the Grand Prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Winner’s transportation and such contracts shall be solely between the Grand Prize Winner, and such transportation companies. Trip components issued in connection with the prize may not be eligible for frequent flyer miles, other rewards programs or upgrades.
If for any reason whatsoever, Grand Prize Winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize Winner. Grand Prize Winner is responsible for obtaining the proper travel documentation prior to travel. In the event the Grand Prize Winner and/or travel companion (if applicable) engages in behavior that, as determined by the Contest Entities in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of the Contest Entities or Greg Vinson or any of Contest Entities or Greg Vinson Inc services, products, trademarks, service marks, or logos, the Contest Entities reserve the right to terminate the trip early, whole or in part, and send the Grand Prize Winner home with no further obligation or compensation whatsoever to Grand Prize Winner and/or travel companion (if applicable). In the event the Grand Prize Winner engages in behavior during travel that (as determined by the Contest Entities in their sole discretion) is illegal, tortious, or subjects Grand Prize Winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize Winner as a result of such conduct. If Grand Prize Winner is unable to make the trip or is otherwise unavailable on the determined date, or if Greg Vinson is unavailable or the opportunity to fish with Greg Vinson is cancelled for reasons beyond the Contest Entities’ control, Grand Prize Winner understands and agrees that the opportunity to fish with Greg Vinson component of the Grand Prize has NO CASH VALUE and that the Grand Prize will consist of only the remaining US travel-related prize elements and other Grand Prize elements listed above.
CONTEST ENTITIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. PARTICIPATION IN THIS PROMOTION AND THE RECEIPT AND/OR USE OF ANY PRIZE OFFERED IS AT YOUR OWN RISK. GRAND PRIZE WINNER ACKNOWLEDGES THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH FISHING, INCLUDING BUT NOT LIMITED TO: DROWNING WHILE ENGAGED IN BOATING, FISHING AND WADING; INJURIES RECEIVED FROM MECHANICAL OR MOVING BOAT PARTS; INJURIES RECEIVED FROM FISHING EQUIPMENT OR RECEIVED FROM OTHER’S USE OF FISHING EQUIPMENT; INJURIES FROM ENCOUNTERS WITH WILDLIFE AND/OR INSECTS; INJURIES FROM EXPOSURE TO SUN, WIND, WEATHER AND/OR OTHER NATURAL ELEMENTS OR ACT OR OMISSION OF ANY GUIDE CONNECTED WITH ANY FISHING EXPERIENCE; RAPID MEDICAL ATTENTION AND/OR EMERGENCY RESPONSE MAY NOT BE AVAILABLE; AND THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF SUCH ACTIVITIES, AND GRAND PRIZE WINNER ASSUMES THESE RISKS AND DANGERS.
Grand Prize Tiebreaker Rules
If two (2) or more eligible participants tie for the most total weight accrued during the Game Period, the weights generated from the Use Last Selections feature for each participant are deducted from their Season Total. The eligible participant with the most total weight remaining will be deemed the Grand Prize Winner (qualification rules apply).
If a tie remains, the participant(s), from amongst those tied participants, who had the highest total weight from any one (1) of the Fantasy Games – TWI games in which they made manual selections and did not use the Use Last Selections feature will be deemed the Grand Prize Winner (qualification rules apply).
If a tie remains, the eligible participant who had the highest total weight between any two (2) of the Fantasy Games – TWI games in which they made manual selections and did not use the Use Last Selections feature will be declared the Grand Prize Winner (qualification rules apply). The process continues, adding the next highest weight from the Fantasy Games – TWI games in which they made manual selections and did not use the Use Last Selections feature until the tie is broken.
Prize Notification
The potential Grand Prize Winner (“Winner”) will be notified via email within thirty (30) days from the end of the Game Period. Winner may need to complete and submit to MLF an Affidavit of Eligibility and release (the “Affidavit”) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID”) when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules.
Please note: Such Affidavit must be received by MLF with their current Gov. ID no later than one (1) week following official notification of winning a prize.
In the event a Winner is deemed ineligible and/or does not claim their Prize by dates specified herein, an alternate Winner may be selected in accordance with these Official Rules. Only one attempt for a new alternate will be conducted. If attempts fail, such Prize will be forfeited, and such Prize will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time.
Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is canceled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating total weight through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating total weight, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League 2023 Fishing Fantasy Game – TWI Season-Long” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by August 15, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by August 31, 2023 to “Winners List: Major League Fishing 2023 Fantasy Game – TWI Season-Long” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most total weight at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
THE GAME IS FREE TO PLAY. NO PURCHASE, WIRELESS DEVICE, OR ENTRY FEE NECESSARY TO ENTER, PARTICIPATE, OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
BY SUBMITTING YOUR SELECTIONS, YOU AGREE TO RECEIVE COMMUNICATIONS ON SPECIAL OFFERS AND OTHER INFORMATION FROM THE CONTEST ENTITIES AS DEFINED BELOW. YOU MAY OPT OUT OF THESE COMMUNICATIONS AT ANY TIME.
IMPORTANT NOTICE: THIS GAME IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
Introduction
Major League Fishing Predictor Game
Welcome to the Major League Fishing 2023 Predictor Game – BPT Season-Long (the “Game”), where you compete against other participants to see who can correctly predict the outcome of selected actions that may happen during the 2023 Bass Pro Tour season comprised of nine (9) fishing tournaments (the “BPT Season”) in accordance with these Major League Fishing 2023 Predictor Game – BPT Season-Long Contest Rules (“Official Rules”). The Game begins on January 10, 2023 at 12:00:01 PM ET and ends on August 3, 2023 at the official posted start time of the 2023 Bass Pro Tour Stage 7 fishing tournament (the “Game Period”).
The Administrator
Major League Fishing (“MLF”) will serve as the administrator (the “Administrator”) of the Game and will be responsible for resolving any disputes that arise regarding violations of the rules.
Eligibility
The Game is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the 48 contiguous United States and the District of Columbia and (c) at least twenty-one (21) years old or age of majority, whichever is older in state of residence, at the date of registration in the Game. For purposes of clarity, persons who reside in Alaska, Hawaii, and Puerto Rico are expressly excluded from this Game. Void where prohibited by law.
For purposes of these Official Rules, “Registered User” means a person who has successfully completed the Game registration form and has obtained a user identification (“ID”) and associated password (“Password”) on majorleaguefishing.com or the MLF smartphone app.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the Game registration form. There is no fee or charge to become a Registered User.
Employees of Sportcaller (the game developer), Bally’s, Major League Fishing, Pure Fishing, Abu Garcia, Brunswick Corporation, Mercury Marine, and Brent Ehrler, Inc. and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the “Contest Entities”), and members of the immediate family or household of each are not eligible to win a prize. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Contest Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).
Note: Professional anglers; management and personnel of a professional fishing league or angler or entity; professional sports agents; MLF employees and/or fishing tournament officials who work in the United States, are not eligible to play in this Game, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.
2. Playing
Entering the Game
Participants who enter one (1) or more the nine (9) Major League Fishing 2023 Predictor Games – BPT (collectively “Predictor Games – BPT”) at https://majorleaguefishing.com/fantasy-fishing/ (the “MLF Site”) are automatically entered into the Game. NO SEPARATE REGISTRATION IS NECESSARY OR REQUIRED.
The nine (9) Predictor Games – BPT are as follows:
Each of the nine (9) Predictor Games – BPT have their own set of rules and entry criteria as described on the MLF Site.
By entering the Game, you represent and warrant you are aware that a participant’s name may be displayed in full (first name and last name) or partial (first name and first initial of last name) format in certain instances within the Major League Predictor Game. If you do not want your name to appear on Major League Fishing Predictor Game pages, we suggest you go to your registration page and change your personal information within the “Options” tab; more specifically, the information you input in the “Your Name” area. The information you write into the “Your Name” area, is the information that will be displayed on the Major League Fishing Predictor Game pages. We cannot ensure the security of any information you choose to make public in the Major League Fishing Predictor Game pages, chat room, forum, or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when disclosing personal information in these areas.
Scoring
For the purposes of the Game, each participant’s total points from the Predictor Games – BPT are added together to arrive at a final point total for the season (“Season Total”). For any Predictor Games – BPT games in which the participant did not participate, a total of 0 points will be added to the participant’s Season Total.
Eligible participants who accrue the most points (tie-breaker rules set forth below apply) in the Game may be declared a Game winner (subject to verification of qualification) and get the applicable Prize (as set forth in the prize section below), in accordance with these Official Rules.
PLEASE NOTE: The final official weights as determined by MLF immediately following the completion of any tournament during the BPT Season will be the weights used to assign points and ultimately prize winners for the Game. On rare occasions, MLF may go back in the days and weeks following a Tournament and adjust weights for purposes of the Tournament. These potential weight adjustments WILL NOT have any bearing on the results of the Game.
Deadlines
The end of the Game Entry Period is on August 3, 2023 at the official posted start time of the 2023 Bass Pro Tour Stage 7 fishing tournament. MLF is the Official Timekeeper for this Game.
General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of MLF regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or MLF determines (in MLF’s sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, MLF reserves the right to disqualify the participant and/or remove that participant from the Game. All decisions by MLF in sportsmanship and fairness related matters will be final.
3. Prizes
Grand Prize
The eligible participant who accrues the most points during the Game Period will be declared the Grand Prize Winner (“Grand Prize Winner”) (qualification and tie-breaker rules apply). The Grand Prize Winner will received one (1) Grand Prize as detailed below.
The Grand Prize is provided by Brunswick Corporation (“Sponsor”) and consists of a trip package for one (1) person (the Grand Prize Winner) to a to-be-determined location to fish with professional angler Brent Ehrler (“Grand Prize”). Trip dates will be scheduled on a date mutually agreed upon by the Grand Prize Winner and the Sponsor.
The Grand Prize (ARV US $3050) includes:
All travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, hotel, resort or property fees, food & beverage and personal expenses are the sole responsibility of Grand Prize Winner. Grand Prize Winner must have valid photo ID prior to departure.
Grand Prize trip must be taken on dates specified by Sponsor or Grand Prize will be forfeited in its entirety. Dates are subject to change in Sponsor’s sole discretion. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize Winner’s home. In the event the Grand Prize Winner’s residence is close enough to the to-be-determined location such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from Grand Prize Winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize Winner is responsible for obtaining any travel insurance (and all other forms of insurance) that he/she may wish to obtain (at his/her own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Photo identification and credit card or cash deposit may be required by the Grand Prize Winner at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). All hotel reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability.
If weather or other incident or conditions beyond the control of the Sponsor affects the ability for the Grand Prize Winner to redeem any portion of the Grand Prize during the scheduled date and time, then the Sponsor shall have no further obligation to the Grand Prize Winner other than to supply the remaining elements of the Grand Prize minus the unused portion of the Grand Prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by airline carrier as detailed in the passenger ticket contract. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the Grand Prize Winner’s transportation and such contracts shall be solely between the Grand Prize Winner, and such transportation companies. Trip components issued in connection with the prize may not be eligible for frequent flyer miles, other rewards programs or upgrades.
If for any reason whatsoever, Grand Prize Winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the Grand Prize Winner. Grand Prize Winner is responsible for obtaining the proper travel documentation prior to travel. In the event the Grand Prize Winner and/or travel companion (if applicable) engages in behavior that, as determined by the Contest Entities in their sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of the Contest Entities or Brent Ehrler or any of Contest Entities or Brent Ehrler Inc services, products, trademarks, service marks, or logos, the Contest Entities reserve the right to terminate the trip early, whole or in part, and send the Grand Prize Winner home with no further obligation or compensation whatsoever to Grand Prize Winner and/or travel companion (if applicable). In the event the Grand Prize Winner engages in behavior during travel that (as determined by the Contest Entities in their sole discretion) is illegal, tortious, or subjects Grand Prize Winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize Winner as a result of such conduct. If Grand Prize Winner is unable to make the trip or is otherwise unavailable on the determined date, or if Brent Ehrler is unavailable or the opportunity to fish with Brent Ehrler is cancelled for reasons beyond the Contest Entities’ control, Grand Prize Winner understands and agrees that the opportunity to fish with Brent Ehrler component of the Grand Prize has NO CASH VALUE and that the Grand Prize will consist of only the remaining US travel-related prize elements and other Grand Prize elements listed above.
CONTEST ENTITIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE GRAND PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. PARTICIPATION IN THIS PROMOTION AND THE RECEIPT AND/OR USE OF ANY PRIZE OFFERED IS AT YOUR OWN RISK. GRAND PRIZE WINNER ACKNOWLEDGES THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH FISHING, INCLUDING BUT NOT LIMITED TO: DROWNING WHILE ENGAGED IN BOATING, FISHING AND WADING; INJURIES RECEIVED FROM MECHANICAL OR MOVING BOAT PARTS; INJURIES RECEIVED FROM FISHING EQUIPMENT OR RECEIVED FROM OTHER’S USE OF FISHING EQUIPMENT; INJURIES FROM ENCOUNTERS WITH WILDLIFE AND/OR INSECTS; INJURIES FROM EXPOSURE TO SUN, WIND, WEATHER AND/OR OTHER NATURAL ELEMENTS OR ACT OR OMISSION OF ANY GUIDE CONNECTED WITH ANY FISHING EXPERIENCE; RAPID MEDICAL ATTENTION AND/OR EMERGENCY RESPONSE MAY NOT BE AVAILABLE; AND THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF SUCH ACTIVITIES, AND GRAND PRIZE WINNER ASSUMES THESE RISKS AND DANGERS.
Grand Prize Tiebreaker Rules
If two (2) or more eligible participants tie for the most points accrued during the Game Period, the participant(s), from amongst those tied participants, who had the highest individual score from any one (1) of the Predictor Games – BPT games will be deemed the Grand Prize Winner.
If a tie remains, the eligible participant who had the highest total score between any two (2) of the Predictor Games – BPT games will be declared the Grand Prize Winner (qualification rules apply). If a tie remains, the process continues, adding the next highest individual score from the Predictor Games – BPT games until the tie is broken.
If after those steps a tie remains, the remaining eligible participants who are tied will be placed in a random drawing to be held on or around August 11, 2023. Odds of winning depends on total number of remaining eligible participants who are tied. The winner of the random drawing will be declared the Grand Prize Winner (qualification rules apply).
Prize Notification
The potential Grand Prize Winner (“Winner”) will be notified via email within thirty (30) days from the end of the Game Period. Winner may need to complete and submit to MLF an Affidavit of Eligibility and release (the “Affidavit”) and a W-9 tax form where applicable. Such Affidavit must include Winner’s social security number and include a copy of their current driver’s license or current government issued ID (“Gov. ID”) when submitting their Affidavit (Passports are not accepted). By completing such Affidavit, it will be understood that Winner has complied with the Game Rules.
Please note: Such Affidavit must be received by MLF with their current Gov. ID no later than one (1) week following official notification of winning a prize.
In the event a Winner is deemed ineligible and/or does not claim their Prize by dates specified herein, an alternate Winner may be selected in accordance with these Official Rules. Only one attempt for a new alternate will be conducted. If attempts fail, such Prize will be forfeited, and such Prize will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of MLF, which are final and binding on all matters pertaining to the Game.
General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of MLF, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the MLF Terms of Use (https://majorleaguefishing.com/terms-of-use/) and MLF Privacy Policy (https://majorleaguefishing.com/privacy-policy/), incorporated herein by reference. By entering, each entrant agrees to receive communications on special offers and other information from the Contest Entries as defined above using information the entrant used to create their account. Entrant may opt out of these communications at any time. Any and all taxes, if any, in relation to acceptance of a Prize is the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by MLF. MLF reserves the right to substitute a Prize for one of equal or greater value.
Except where prohibited by law, a Winner’s acceptance of a Prize constitutes permission for the Contest Entities to use Winner’s name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to MLF’s use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and laws and regulations apply.
MLF is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. MLF reserves the right to halt or modify the Game at any time during the Game Period, if events beyond their control compromise the Game fairness or integrity. In the event that the Tournament is canceled or preempted for any reason, MLF reserves the right to cancel this Game.
MLF is not responsible for typographical or other human or technical errors in the offer or administration of this Game, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.
MLF, in its sole discretion, may disqualify any entrant from participating in the Game if entrant engages in any conduct MLF deems to be improper, unfair or otherwise adverse to the operation of the Game or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Contest registration, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant’s personal information for the purpose of accumulating points, tampering with MLF’s administration of this Contest, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.
MLF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest. This is a skill game designed to entertain and increase consumer awareness of and interest in Major League Fishing and the MLF website. This Game may not be used for any form of gambling.
MLF reserves the right to cancel this Contest at any time for any reason at its sole discretion.
Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked “Official Rules: Major League 2023 Fishing Predictor Game – BPT Season-Long” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025 for receipt by August 15, 2023. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winner, send a self-addressed and stamped envelope for receipt by August 31, 2023 to “Winners List: Major League Fishing 2023 Predictor Game – BPT Season-Long” c/o Major League Fishing, 30 Gamble Lane, Benton, KY 42025.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of MLF which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, MLF reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. In the event the Game is terminated, MLF reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).
Contest Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. MLF is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Contest.
Lost or Corrupted Entries
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Contest Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Contest, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Contest.
Damaged Property
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person’s computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, MLF RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Contest is challenged by any legal or regulatory authority, MLF reserves the right to discontinue or modify the Contest, or to disqualify participants residing in the affected geographic areas. In such event, MLF shall have no liability to any participants who are disqualified due to such an action.
Game Errors
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Contest.
Winner(s) and Prize(s)
The Contest Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant’s or third person’s property related to or resulting from any part of a Prize or any part of this Contest.
Release and Indemnity
Each entrant in the Contest hereby releases, including, without limitation, the Winner(s), and agrees to hold harmless the Contest Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Contest and participation in any activity related to this Contest.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CONTEST ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CONTEST. IN NO EVENT SHALL MLF’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CONTEST AND THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Marshall County, Kentucky.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KENTUCKY. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CONTEST, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE OF KENTUCKY AND FEDERAL COURTS FOR MARSHALL COUNTY, KENTUCKY. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS.
Administrator’s Mailing Address
Major League Fishing, 30 Gamble Lane, Benton, KY 42025.