Bassmaster – Toyota Fishing With Champions Sweepstakes
THE TOYOTA FISHING WITH CHAMPIONS SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN PRIZE. MAKING A PURCHASE WILL NOT INCREASE 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: B.A.S.S., LLC (the “Sponsor”), 3500 Blue Lake Drive, Suite 330, Birmingham, AL 35243.
SWEEPSTAKES ENTRY PERIOD: The Toyota Fishing with Champions Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Friday, August 7, 2020 and ends at 11:59:59 PM ET on Friday, November 20, 2020 (the “Sweepstakes Period”).
ELIGIBILITY: 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 Administrator, Sponsor, Toyota Motor Sales, U.S.A., Inc. (“TMS”), Bass Pro Intellectual Property, L.L.C., and Carhartt, Inc., 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, 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.
HOW TO ENTER: There is one (1) method of entry. During the Sweepstakes Period, eligible Entrants must visit bassmaster.com/toyotafishingsweepstakes and 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 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.
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There is one (1) prize to be awarded to one (1) winner (“Winner”) which shall consist of the following prize elements (total ARV = $21,000) (collectively “Prize”):
One (1) Bassmaster Life Membership (ARV = $500)
One (1) $250 Carhartt Gift Card
One (1) $1,000 Bass Pro Shop Gift Card
One (1) Fishing gear package (ARV = $1,500)
Trip package for Winner and one (1) guest* (“Guest”), to the 2021 Bassmaster Classic®, scheduled to take place in Ft. Worth, Texas, March 19-21, 2021 and a fishing experience with a Bassmaster Pro Angler on March 22, 2021 (ARV = $17,750) (“Trip Package”). Trip Package includes:
Round-trip coach class airfare from gateway airport closest to Winner’s residence to DFW International Airport for Winner and Guest* (ARV = $1,000)
Rental car for three (3) days (ARV = $500)
Four (4) nights hotel accommodations in a single room with double occupancy in Ft. Worth (ARV = $800)
$2,700 cash allowance for expenses (ARV: = $2,700)
VIP Access at the 2021 Bassmaster Classic for Winner and Guest (ARV = $2,750), which includes:
Backstage Tour (ARV = $1,000)
Bassmaster merchandise gift card (ARV = $250)
VIP seating/access to Sponsor’s lounge at Weigh In (ARV = $1,500)
Fishing experience for Winner and Guest with one (1) Bassmaster Pro Angler of Winner’s choice, based on availability, of Gerald Swindle, Matt Arey or Brandon Lester on Monday, March 22, 2021 (ARV = $10,000).
*Guest must be a legal U.S. resident, 21 years of age or older and must complete and return a Guest Affidavit of Eligibility and Liability/Publicity Release to Sweepstakes Administrator within seven (7) days of Winner’s Prize notification and acceptance.
The total Prize ARV may vary based upon dates of travel and point of departure for Trip Package. The difference between the ARV and actual value of any of the Prize elements will not be awarded. Trip must be taken from Friday, March 19, 2021 to Tuesday, March 23, 2021 or trip package portion of the Prize will be forfeited in its entirety.
Odds of winning will depend upon the total number of eligible Entries received during the Sweepstakes Period.
WINNER DETERMINATION & RANDOM DRAWING: The Winner will be selected in a random drawing on or about Friday, December 4, 2020 from among all eligible Entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
WINNER NOTIFICATION & VERIFICATION: The potential Winner will be notified via email and/or phone, and will be required to sign and return, within seven (7) days of Prize 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 the Winner to furnish his/her Social Security Number for the purpose of tax reporting, as required by law and for the purpose of a background check as described below. Guest of Winner will also be required to sign a Guest Liability & Publicity Release and provide his/her Social Security Number for the purpose of a background check as described below. Noncompliance will result in disqualification and an alternate Winner may be selected. The Prize package will be awarded within approximately 45 days after the Winner is verified.
The Winner and Guest will be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Sweepstakes will not bring any of the Sweepstakes Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes Entities, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential Winner or Guest on the basis of the findings resulting from such background check or if a potential Winner or Guest fails to properly authorize and/or provide the required information in connection with such background check.
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).
PRIZE CONDITIONS: No portion of the Prize is redeemable for cash, assignable, transferable and may not be substituted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any portion of the Prize of equal or greater value at its discretion. Any other incidental expenses on Prize not specified herein are the Winner’s sole responsibility.
Gift cards 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.
The Fishing Gear Prize Package portion of Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner acknowledges that the Sweepstakes Entities 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).
Winner is responsible for all federal, state, local and income taxes associated with receipt and use of the Prize. Winner will be required to furnish his/her Social Security Number for the purpose of preparation of tax forms, as required by law.
Except where prohibited by law, Entry and acceptance of any portion of Prize constitutes permission for any of the Sweepstakes Entities to use Winner’s name, details of Prize won, address, photograph, testimonial or other likeness and/or Prize information or personal exposition (and/or any edited position thereof) video tape, 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.
Sweepstakes Entities are not responsible if the 2021 Bassmaster Classic® or fishing experience with a Bassmaster Pro Angler portion of Prize is delayed, postponed, cancelled or changed for any reason; for acts of nature; or for amenities, services and/or facilities not being available due to renovations, strikes, bankruptcy, acts of nature or other reason beyond Sponsor’s control. In the case of mechanical difficulties, acts of God, equipment unavailability, Bassmaster Pro Angler illness, unavailability or the like, Sponsor reserves the right to work with the Winner to make a reasonable substitution. If substitution is not possible, Sponsor reserves the right to cancel on short notice. If the 2021 Bassmaster Classic or fishing experience with a Bassmaster Pro Angler is delayed, postponed, cancelled or changed by Sponsor, a third party, or for any reason, Winner will be notified as soon as possible. If it is not possible to substitute with an alternative date, Sponsor may cancel or provide a reasonable substitute of equivalent or greater value. Notwithstanding anything to the contrary in these Official Rules or otherwise, Sponsor will not offer cash substitution or refunds or be liable in any way for expenses that the Winner (or, for the Trip Package, the Guest) incurs related to any portion of Prize that has been cancelled, except in its sole and absolute discretion.
Trip Package Terms and Conditions:
Trip Package must be redeemed for Friday, March 19 to Tuesday, March 23, 2021 or Trip Package will be forfeited in its entirety. Winner and Guest must travel together on same itinerary, as arranged by TMS.
Travel restrictions may apply.
Except as indicated otherwise in these Official Rules, all food/meals, taxes, gratuities, travel insurance, bag check fees, unscheduled stop overs or travel plans not scheduled by TMS are solely the responsibility of the Winner. Once Trip Package has been booked by TMS, no changes, extensions, or substitutions are permitted, except at TMS’s sole discretion. TMS will not replace any lost or stolen tickets or travel vouchers for or relating to Trip Package. Airline carrier’s regulations and conditions apply. Winner must comply with all hotel check-in requirements, including, but not limited to, the presentation of a major credit card for any incidental charges the Winner may incur outside of items covered under these Official Rules. All Trip Package details are at TMS’s sole discretion. Winner and Guest are responsible for obtaining travel documents as well as travel insurance (and all other forms of insurance) that they may wish to obtain for participation in the Trip Package (at their own expense). Winner and Guest must comply with all venue and event rules and regulations. Failure to do so may result in forfeiture of such portion(s) of Trip Package. TMS reserves the right to remove or deny entry to Winner and/or Guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at any event.
Tickets to the 2021 Bassmaster Classic® must be accepted as awarded and are subject to all of the applicable terms and conditions prescribed to such tickets.
Winner and Guest must have valid photo ID and any other required documentation prior to departure. Trip Package must be used on dates specified or Trip Package will be forfeited. Dates are subject to change. Travel is subject to availability. Travel arrangements must be made through an agent of TMS and on an airline carrier of TMS’s choice. TMS will, in its sole discretion, determine which airport is closest to Winner’s home. In the event the Winner’s residence is close enough to Ft. Worth, Texas such that air transportation is deemed by TMS, in its sole discretion, to be unnecessary, the Trip Package will not include air transportation from Winner’s residence and no other substitution or compensation will be provided in lieu thereof.
If Winner elects to travel or partake in the trip package portion of the Prize with no guest, no additional compensation will be awarded.
If weather or other incident or conditions beyond the control of the Sponsor or TMS affects the ability for Winner and/or Guest to redeem any portion of the Trip Package portion of the Prize during the scheduled date and time, then the Sponsor and TMS shall have no further obligation to the Winner and/or Guest other than to supply the remaining elements of the prize package minus the unused portion of Prize. Sponsor and. TMS and 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, Trip Package providers or any other persons providing any Trip Package-related services or accommodations. Sponsor and TMS are 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 portion of the Trip Package except at the sole and absolute discretion of Sponsor and TMS. 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 Winner’s and Guest’s transportation and such contracts shall be solely between the Winner and Guest and such transportation companies. Trip components issued in connection with the Trip Package may not be eligible for frequent flyer miles, other rewards programs or upgrades. If, for any reason whatsoever, Winner and Guest are unable to travel after all travel arrangements have been made and paid, the Sponsor and TMS shall have no further obligation to the Winner.
During participation in the Trip Package, if the Winner and/or Guest engages in behavior that, as determined by the Sponsor, in its sole discretion, is obnoxious or threatening, illegal, 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 any of the Sweepstakes Entities or any of their services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, whole or in part, and send the Winner and/or Guest home with no further obligation or compensation whatsoever to Winner and/or Guest. In the event Winner and/or Guest engages in behavior during travel that (as determined by Sponsor and TMS in their sole discretion) is illegal, tortious, or subjects Winner and/or Guest to arrest or detention, Sponsor and TMS shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner as a result of such conduct.
TMS and its respective parents, subsidiaries and affiliated companies (the “Toyota Entities”) maintain no control over the personnel, equipment, or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, or other person or entity furnishing service, products, or accommodations as a part of the Trip Package provided under this Sweepstakes, since TMS is merely an independent supplier of one portion of the Prize and is not in any way related to the other suppliers. The Toyota Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to (a) by wrongful, negligent, or unauthorized act or omission on the part of any of those suppliers or any of their agents, servants, employees, or independent contractors, (b) by any defect in or failure of any vehicle, equipment, instrumentality, service, product, or accommodation that is owned, operated, furnished, or otherwise used by any of those suppliers, (c) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not an employee of the Toyota Entities, or (d) by any cause, condition, or event whatsoever beyond the control of the Toyota Entities.
Winner and Guest agree to undertake Trip Package at their sole risk.
SWEEPSTAKES ENTITIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY PORTION OF THE PRIZE, INCLUDING, BUT NOT LIMITED TO, THE TRIP PACKAGE OR ANY OTHER ASPECT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE OR ANY PORTION THEREOF. PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF ANY PRIZE OFFERED IS AT YOUR OWN RISK. ENTRANTS ACKNOWLEDGE 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 ENTRANTS ASSUME THESE RISKS AND DANGERS.
GENERAL: Although subsequent attempts to Enter on a given day may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including Entries submitted with an alternate email address, will be disqualified.
Participating Entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and agree to release the Sweepstakes Entities and their affiliated companies, 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 any portion of the Prize 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 any portion 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, to Sponsor’s satisfaction, 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 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 the 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 Entrants from the Sweepstakes and any other 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 AIR CARRIER(S) AND OTHER TRANSPORTATION COMPANIES; LODGING, RESTAURANT OR OTHER HOSPITALITY PROVIDERS; ENTERTAINMENT PROVIDERS, VENUES OR ARTISTS; OR OTHER THIRD PARTY PROVIDERS SUPPLYING ANY SERVICES OR COMPONENTS OF THE PRIZE TO WINNER AND/OR GUEST, 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 DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE 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 INDIVIDUAL 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 Alabama, 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 Jefferson County, Alabama and 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 Birmingham, Alabama. 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 Birmingham, Alabama. 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.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by November 20, 2020 to: The Toyota Fishing with Champions Sweepstakes Official Rules Request, P.O. Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the Winner (available after November 20, 2020) send a stamped, self-addressed envelope (no later than January 8, 2021), to: The Toyota Fishing with Champions Sweepstakes Winner Confirmation Request, P.O. Box 25466, Rochester, NY 14625-0466.
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.