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NO PURCHASE NECESSARY TO ENTER OR WIN.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
CONTEST ENTRY PERIOD: The Johnny Morris Bass Pro Shops Missouri Veterans Fishin’ Contest presented by the Missouri Division of Tourism (the “Contest”) begins at 09:00:01 AM Eastern Time (“ET”) on Friday, October 22 2021 and ends at 11:59:59 PM ET on Monday, November 1, 2021 (the “Contest Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
ELIGIBILITY: The Contest is open to legal residents of the state of Missouri who, at the time of entry, are 18 years of age or older, are an active duty service member in a branch of the U.S. military or have previously served in a branch of the U.S. military and been honorably discharged, and is considered an Amateur Angler as defined below (each, upon submitting an Entry, an “Entrant”). An Amateur Angler is someone who: a) has not competed as a boater/pro in a Major League Fishing Major or BASS Elite Series event within the last two years immediately preceding the Bass Pro Open (“BPO”) event being entered; b) has not ever paid an entry fee greater than $2,500; and c) does not have lifetime bass fishing earnings greater than $100,000. Void outside Missouri, and wherever else prohibited by law. Employees of BPS Direct, L.L.C. (“Sponsor”), US Sweepstakes and Fulfillment Co. (the “Contest Administrator”), the Missouri Division of Tourism and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children and siblings and their respective spouses) of, and those living in the same household of, each are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: During the Contest Period, eligible participants must visit https://contest.basspro.com/veteranscontest (the “Contest Website”), complete the entry form in its entirety, and upload a video not to exceed two (2) minutes in length of himself/herself describing why they love to fish (a “Video”) and submit as instructed (the “Entry”).
Each Entry must include an original Video. There is a limit of one (1) Entry per person during the Contest Period. Multiple Entries from any entrant will be void. All Entries become the property of the Sponsor and will not be acknowledged or returned.
Once an Entry is submitted it cannot be modified by an Entrant. Released Parties, as defined below, are not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
ENTRY REQUIREMENTS & CONDITIONS: All Entries must comply with the following minimum guidelines to be eligible:
Entrant should be the primary subject of the Video. No other individuals may appear in the Video, without express, written permission. If Video features a minor under the age of majority in his/her state of residence, Entrant must obtain written permission from the minor’s legal guardian.
Videos must conform to the format and size requirements and limitations of the Contest Website. The maximum Video file size is 300 MB and must not exceed two (2) minutes in length.
Entry cannot contain content that is irrelevant to the purpose of the Contest.
Each submitted Video must be original and not violate the rights of any third party.
No duplicate Videos or substantially similar Videos, as determined by the Sponsor’s in its sole discretion, may be submitted.
By submitting a Video taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Video from the videographer and shall provide evidence of same if and when requested.
Entry cannot be profane, pornographic, sexually explicit or suggestive, or contain nudity.
Entry cannot be violent or promote firearms/weapons.
Entry cannot contain or promote alcohol, illegal drugs, or tobacco.
Entry cannot defame, misrepresent, or contain disparaging remarks about people, brands, products or companies.
Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
Entry cannot be: obscene or offensive; endorse any form of hate or hate group; or be derogatory to any ethnic, racial, gender, religious, professional, or age group.
Entry cannot reference or contain materials embodying copyrighted images, names, likenesses, or other indicia identifying any brand, products, company or person, living or dead, without permission.
Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
Entry cannot depict illegal activity and cannot itself be in violation of any law.
Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
Entry may not include images of a known celebrity, famous, or well-known person, or any image which violates the right of privacy or publicity of any person.
By submitting an Entry, the Entrant understands and grants to the Sponsor and their respective designees (collectively, “Licensed Parties”) an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry (including, but not limited to, the Video embodied herein), name, recordings, hometown, and likeness on the Sponsor’s various websites and social media sites, and in advertising and/or promotional activities worldwide without compensation, permission, or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change, or modify any Entry, which includes the Video. Entries must be truthful, and Sponsor reserves the right to verify information contained in the Entry. Sponsor is not responsible for any invalid or incorrect information provided by an Entrant.
By submitting an Entry, Entrant warrants and represents that: (a) Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant has obtained written permission from any person who may appear in the Video; (c) Entrant owns all rights to the Video, including without limitation, copyrights, and has received prior written permission from a third party if any Video was recorded by someone other than the Entrant him/herself; and (d) Entrant will indemnify and hold harmless the Released Parties from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of his/her representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize, or otherwise in connection with this Promotion.
ENTRIES POSTED TO THE CONTEST WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
JUDGING AND WINNER DETERMINATION: All eligible Entries received during the Contest Period will be judged by a panel appointed by the Sponsor by November 9, 2021, who shall use the criteria set forth below to determine each Entry’s total judging score (the “Judging Score”):
A. Expression of and Interest in Fishing (40%)
B. Connection to Contest Theme (30%)
C. Originality/Creativity (30%)
The five (5) Entries that receive the highest Judging Scores based on the judging criteria will each be deemed a potential Finalist. Finalists will then be judged by a separate panel appointed by Sponsor using the criteria set forth above to determine each Finalist’s final judging score (the “Finalist Judging Score”). The Finalist who receives the highest Finalist Judging Score based on the judging criteria will be deemed the potential Grand Prize winner. In the unlikely event of a tie, the tied Entry with the highest score in Criterion B, “Connection to Contest Theme”, will be deemed the potential Finalist/winner. If additional tiebreakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion B determining the potential Finalist/winner from among the tied Entries, the highest scores in each of Criteria A and C, in sequence (to the extent needed) will determine the potential Finalist/winner. In the event additional tiebreakers are needed, all tied Entries will be judged by a separate panel of judges using the judging criteria above.
WINNER NOTIFICATION AND VERIFICATION: Potential winner will be contacted by the Administrator by email or phone on/around November 11, 2021, and will be required to sign and return, within three (3) days of notification, an Affidavit of Eligibility, a Liability Waiver, and where allowable, a Publicity Release (collectively, "the Releases") and an IRS W-9 Form. Noncompliance will result in disqualification and an alternate winner may be selected. Winner must attend the Bass Pro Shops Championship Tournament on the date specified by Sponsor or prize may be forfeited in its entirety.
Noncompliance will result in disqualification and the Finalist/Entrant with the next highest Judging Score will be deemed a potential winner.
Winner may also 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 Contest will not bring Sponsor and its affiliated entities into public disrepute, contempt, scandal, or ridicule, or reflect unfavorably on the Contest or Sponsor, as determined by the parties in their sole discretion. Sponsor reserves the right to disqualify a potential winner on the basis of the findings resulting from such background check or if a potential winner fails to properly authorize and/or provide the required information in connection with such background check.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize: There is one (1) Grand Prize available to be won. Grand Prize consists of:
Admission for winner into the Bass Pro Shops Championship Tournament at Table Rock Lake, MO on November 19-21, 2021 (the “Tournament”);
Three (3) nights’ hotel accommodations at a hotel determined by Sponsor in its sole discretion based on single room/double occupancy;
$350 ground transportation stipend;
One (1) bass fishing boat package to be awarded and available for winner to use at the Tournament (the “Boat Package”). Boat Package includes:
One (1) Bass Tracker Classic XL boat with 50 ELPT FourStroke Mercury® FourStroke motor and trailer;
One (1) Johnny Morris Signature Series fishing rod and reel package;
One (1) Bass Pro Shops fishing gear package (contents to be determined by Sponsor);
$3,500 awarded in the form of a check winner may use toward taxes, ground transportation or other expenses related to acceptance and use of the prize; and
Delivery of the Boat Package to the winner’s residence after the Tournament.
The total ARV of the Grand Prize is: $20,395.
The total ARV of all prizes available to be awarded: $20,395.
The ARV of prize components are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded. The difference of any such fluctuation will not be awarded to the winner.
Boat Package will be delivered to winner’s residence or other location near the winner’s residence as determined by Sponsor in its sole discretion within 120 days from the end of the Tournament. Boat Package components may differ from what is depicted in Contest advertising. Boat and trailer will be available with standard equipment, as designated by the Sponsor. Color, package, factory options, and other prize specifics to be determined by Sponsor in its sole discretion and are subject to availability. Winner shall bear all risk of loss or damage to the Boat Package after it has been delivered to the winner at the Tournament site. Winner will be responsible for any and all costs associated with the collection and use of the Boat Package, including but not limited to, optional equipment, freight and dealer prep, title, license, insurance, registration fees, applicable taxes, and any travel and transportation costs associated with collecting the Boat Package. All other costs not specifically stated herein are the responsibility of the winner. Sponsor reserves the right to delay vehicle delivery or substitute a similar prize component of equal or greater value should any prize component as described be unavailable for any reason.
PRIZE CONDITIONS: Prize is not redeemable for cash. Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules, that winner will be disqualified, and the Entry/Finalist with the next highest score will be deemed the potential Finalist/winner.
All travel-related expenses, including but not limited to, transportation to and from home, the hotel and Tournament, taxes, gratuities, incidentals, upgrades, insurance, service charges, departure taxes, hotel, resort, or property fees, luggage fees, food & beverage, and personal expenses are the sole responsibility of prize winner and/or his/her travel companion(s). Prize must be used on dates specified or prize will be forfeited. Dates are subject to change. Travel arrangements must be made through an agent of the Sponsor and on an airline carrier of Sponsor’s choice, if applicable.
The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their 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 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. Reservations are subject to availability. If weather or other incident or conditions beyond the control of the Sponsor affects the ability for winner and his/her travel companion to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or travel companion other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions, or substitution or any act or omissions whatsoever by hotels, venue operators, transportation companies, prize providers, or any other persons providing any prize-related services or accommodations. 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 this Sweepstakes, and those set forth by airline carrier or other transportation companies as detailed in the passenger ticket contract, if applicable. The passenger contracts in use by the airline or other transportation companies shall constitute the sole contracts with respect to the prize winner’s and his/her travel companion(s)’s transportation and such contracts shall be solely between the prize winner, his/her travel companion(s) 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, winner and/or travel companions are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. If Grand Prize is forfeited prior to Sponsor finalizing and paying for travel, and there is sufficient time to notify an alternate winner, the prize will be awarded to an alternate winner in a separate random drawing from among all non-winning eligible entries. Winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID) prior to travel. Winner’s travel companion must be legal U.S. resident, 18 years or older, unless travel companion is a child of the winner. Travel Companion must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above. If winner’s travel companion is deemed a minor in his or her state of primary residence, Grand Prize winner must be minor travel companion’s parent or legal guardian and must execute the Travel Companion Liability Release on the minor travel companion’s behalf, as applicable.
In the event a winner or his/her travel companion 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 Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the trip early, in whole or in part, and send the winner and/or his/her travel companion home with no further obligation or compensation whatsoever to winner and/or travel companion. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or that subjects 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 winner as a result of such conduct. SPONSOR 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 PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Sponsor is not the provider of the Tournament, which is managed or controlled by Tournament Organizer, an independent third party, and Sponsor has no power to manage or control the operations of Tournament Organizer or any third-party provider. Sponsor makes no guarantees or warranties about the Tournament itself. The Tournament Organizer and its agents or representatives shall not be treated as Sponsor’s agents for any purpose, and Sponsor is not responsible for the action or inaction of Tournament Organizer, nor is Sponsor liable for any loss or penalties incurred if Tournament Organizer is sold, ceases to exist, becomes inoperative; if Tournament 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, and/or acts of nature. Tournament admission is subject to terms and conditions of Tournament Organizer. Any additional meals, transportation, or accommodation arrangements (or other incidental expenses) made in connection with redeeming will be the sole responsibility of winner unless expressly provided herein. In the case of mechanical difficulties, acts of God, equipment unavailability, celebrity illness, or the like, Sponsor reserves the right to work with the Tournament Organizer to make a reasonable substitution. If substitution is not possible, Sponsor and/or the Tournament Organizer reserve the right to cancel on short notice. If Tournament is delayed, postponed, cancelled, or changed by Sponsor, the Tournament Organizer, 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 and/or the Tournament Organizer may cancel or provide a reasonable substitute of equivalent or greater value. Notwithstanding anything to the contrary in the Terms and Conditions or otherwise, Sponsor will not offer cash substitution or refunds, or be liable in any way for expenses that winner incurs related to a Tournament or prize that has been cancelled by the Tournament Organizer, except in its sole and absolute discretion.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, Entry, hometown, likeness, video recording(s), 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 Sponsor. Winner acknowledges that the Sponsor 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). Once the prize has been delivered to the winner’s provided address or Tournament location, the prize is considered awarded.
GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold Sponsor, the Administrator, the Missouri Division of Tourism, and each of their parents, subsidiaries, affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors, and agents of each (collectively, the “Released Parties”), from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental, or consequential damages. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion, or in the announcement of any prize.
No confidential relationship is established by any Entrant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Entrant will be treated as trade secrets, confidential information, or as protected data.
Although subsequent attempts to submit an Entry 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 or identity will be disqualified. In the event of a dispute over the identity of an Entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Entrant. Authorized Account Holder means the natural person to whom the email address is registered. Any Entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. 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 website 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 Contest. By participating in the Contest, you (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 Contest Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these official rules may result in disqualification from the Contest.
Sponsor reserves the right to cancel, suspend and/or modify the Contest, 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 Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect Entries or individuals from the Contest and any contest it sponsors and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) award the prizes from among the eligible, non-suspect Entries received up to the time of the impairment using the winner determination procedure set forth above and/or as otherwise deemed fair and appropriate by Sponsor.
THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST 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, TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, EPIDEMICS, PANDEMICS, COMMUNICABLE DISEASES, STATE EMERGENCY ACTIONS, 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 CONTEST, 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 CONTEST 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(S) TO WINNER AND/OR THEIR GUESTS, 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 WEBSITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, 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 Contest will be governed by and construed in accordance with the internal laws of the State of Missouri, 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 CONTEST, 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 CONTEST, 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 Greene County, MO 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 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 Contest 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 Springfield, MO. 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 Springfield, MO. 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 Contest, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address, and other information to third parties, including Administrator, for the purpose of administering this Contest 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 Contest or on a Contest winner’s list. Personal information collected from Entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.basspro.com/shop/en/privacy-policy-summary-bass-pro-shops.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see contest.basspro.com/veteranscontest, or send a self-addressed, stamped envelope by November 11, 2021, to: The Bass Pro Shops Johnny Morris Bass Pro Shops Missouri Veterans Fishin’ Contest Official Rules Request, PO Box 654, Social Circle, GA 30025-654.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 11/11/21), send a stamped, self-addressed envelope (no later than 12/09/21), to: The Bass Pro Shops Johnny Morris Bass Pro Shops Missouri Veterans Fishin’ Contest Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-654.
SPONSOR: BPS Direct, L.L.C., 2500 E. Kearney St., Springfield, MO 65898.
ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044.
Void outside Missouri and wherever else prohibited by law.
All trademarks used herein are the property of their respective owners in the United States and abroad. All rights reserved.
