SWEEPSTAKES AGREEMENT AND OFFICIAL RULES
This Sweepstakes Agreement is made and entered into by and between Contender Boats, Inc., its employees, officers, agents, successors, and assigns (“Sponsor”) and you (“Entrant”).
A. Sponsor is the sponsor of a sweepstakes known as Win a Chance to Fish with a Contender Pro, with a grand prize of a day of fishing in Islamorada, Florida Keys, which includes the boat rental, a captain, and eight (8) hours of fishing time.
B. Entrant wishes to enter the Sweepstakes.
NOW THEREFORE, in consideration of the mutual promises and covenants of this Agreement and Official Rules (“Official Rules”), the parties agree as follows:
1. Sweepstakes. To be eligible for the Prize, Entrant must fully comply with these Official Rules. Entrant’s entry into the Sweepstakes constitutes Entrant’s full and unconditional agreement to the Official Rules and the terms contained herein. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law.
2. No Purchase Necessary. No purchase or payment of any kind is necessary to enter or win.
3. Sweepstakes Dates and Entry Period. The Sweepstakes will begin on February 15, 2024, and all entries must be received by 11:59pm on February 18, 2024.
4. Sweepstakes Entry. Entrant may enter the Sweepstakes in the following way:
a. Entrant must fill out the form located at https://contenderboats.com/sweepstakes and provide their First Name, Last Name, Address (including City, State, and Zip Code), Phone Number, and Email Address. Online submission of the form constitutes one entry. Individuals may enter one time. Individuals may only enter on behalf of themselves, not others.
5. Eligibility. The Sweepstakes is open to legal residents of the United States who are: (1) eighteen (18) years of age or older at the time of entry, and (2) are not one or more of the “Prohibited Persons” listed below:
a. Prohibited Persons. The following individuals are ineligible to enter the Sweepstakes:
i. Winners of any of Sponsor’s sweepstakes within the past twelve (12) months;
ii. Employees, officers, or directors of Sponsor; and
iii. Sponsor’s immediate family members and/or those living in the same household as any employee, officer, or director of Sponsor.
iv. Residents of New York and Rhode Island.
6. Entry Limits and Restrictions. Only fully completed entries submitted during the Entry Period and received by Sponsor are eligible for the Sweepstakes. Any incomplete, illegible, corrupted, or untimely entries shall be void and ineligible to win. To receive valid entries, Entrant must provide a valid email address for which Entrant owns. Sponsor may require Potential Winners and Winners to establish they are the authorized account holder of their entry email address. Any entries connected to an invalid, non-working, or inactive email address or not owned by Entrant shall be void and ineligible to win. Sponsor shall not be responsible for any technical difficulties of Entrant, and any entries not submitted as a result of technical difficulties shall be void and ineligible to win.
7. Entry Conditions and Release. As a condition of entering any giveaway, Entrant expressly:
b. Represents and warrants that Entrant agrees to be bound by these Official Rules and decisions of the Sponsor, which will be binding and final in all matters relating to the Sweepstakes;
c. Releases the Sponsor and its partners from all liability, loss or damage or expense arising out of or in connection with participation in the Sweepstakes or the acceptance, use, or misuse of any prize;
d. Knowingly and expressly waives all rights to claim punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/ or any rights to have damages multiplied or otherwise increased;
e. Agrees that all claims, disputes, or causes of action arising out of or connected with the Sweepstakes, or any Prizes awarded, shall be individually resolved in binding arbitration as set forth below; and
f. Agrees that any and all claims, judgments, and awards, if permitted to proceed, will be limited to Entrant’s actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
8. Winner Selection. Sponsor will select the Winner of the Sweepstakes at random from all eligible entries. Sponsor will conduct the drawing and awarding of the Prize. The drawing will occur on or around the end of the Entry Period. Once confirmed and verified, a giveaway winner will be referred to as a “Winner.” The odds of winning depend on the number of eligible entries received during the Entry Period.
9. Notification Process. Potential Winners will be contacted using the email address used to enter. Potential Winners must respond to the initial winner notification email within forty-eight (48) hours of being sent the notification email. If a Potential Winner fails to respond to the notification email within the stated period, Potential Winner may be disqualified and, in such instances, will forfeit any claim to the Prize. Winners and Potential Winners may be named, tagged, or otherwise identified on Sponsor’s Website, Sponsors other promotional materials, and/or on Sponsor’s social media pages.
10. Confirmation and Verification of Potential Winners. A Potential Winner will only be confirmed as the winner eligible to receive the Prize after Sponsor has completed verification of Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules.
Winners must be willing and able to claim and/or accept the Prizes(s) in full in the period specified by Sponsor. Potential Winners are subject to confirmation and verification by Sponsor, by whatever means Sponsor shall deem appropriate. To be verified and confirmed, a Potential Winner must comply with all terms and conditions of these Official Rules and fulfill all requirements. Sponsor’s decisions are final and binding in all matters related to the administration, operation, drawing, verification of the Winner, and all issues related to the giveaway. Winner Documentation. To receive the Prize(s), and as part of the Winner confirmation and verification process, Potential Winner must accurately complete and timely return any document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Sponsor in its sole discretion (collectively, the “Winner Documentation”).
Potential Winner must fully and accurately complete Winner Documentation and timely return all such documentation by the date specified by Sponsor, or the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes.
11. Winner Disqualification. Reasons a Entrant, Potential Winner and/ or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failures to meet all of the eligibility requirements stated in the Official Rules, (ii) failures to abide by these Official Rules, or other instructions of Sponsor, (iii) failure to provide valid email at the time of entry, (iv) failure to timely respond to Winner notification or any other request from Sponsor, (v) failure to timely complete any Winner Documentation and/or background check documents, (v) the provision of false, incomplete and/or misleading information to or about Sponsor, (vi) the commission of any fraud or deception in connection with any experience, use of the Website, and/or relationship with Sponsor, (vii) acting in a threatening, abusive, or harassing manner, at any time before or during the awarding of the Prize, in whole or in part; (viii) Winner’s inability to timely accept the Prizes for any reason, including inability to travel to country where Experience will take place or Prize will be delivered and (xi) the inability of Sponsor to timely award or otherwise fulfill the Prizes, due to circumstances beyond Sponsor’s reasonable control, including but not limited to legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and weather.
If a Potential Winner or Winner is determined to be ineligible and/or disqualified, an alternate Potential Winner may be randomly drawn from among the remaining eligible entries. Any alternate Potential Winner will be notified as per the procedures outlined in the Official Rules (time permitting). Sponsor reserves the right to modify the Winner notification and/or confirmation and verification procedures connected with the drawing of an alternate Potential Winner, if any. If a Winner chooses to reject or otherwise forfeits the Prize, Sponsor shall have no obligation to award the abandoned or unclaimed portion of any Prizes to an alternate winner.
12. Prizes. The prize will be a day of fishing in Islamorada, Florida Keys, which includes the boat rental, a captain, and eight (8) hours of fishing time, with an approximate retail value of $1,200.00. Subject to any restrictions expressly stated in the Official Rules, Winners will receive the Prizes identified on Sponsor’s webpage (each a “Prize”). The approximate retail value of any Prize will be specified in the Rules. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period. Unless explicitly stated otherwise, all Prizes are awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Entrant. Sponsor reserves the right to substitute a prize of comparable or greater value in Sponsor’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on licensing, import, or distribution regulations or other legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead. Some restrictions may apply.
Unless otherwise noted in the Rules, Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use. Winners may be required to complete and return an IRS W-9 form, W8-BEN, or other applicable forms (i.e., Request for Taxpayer Identification Number and Certification).
All Winners are entitled to refuse to accept any Prize that they are eligible to receive and, in such instances, will be deemed to have forfeited the Prize. If Winner is deemed to have forfeited a Prize, in whole or in part, Winner will not be entitled to any alternate Prize or other compensation of any kind. The Winner of the Prize is not eligible for any cash rebate programs.
Except where prohibited by law, acceptance of any Prize also constitutes Winner’s express agreement and consent for Sponsor, and those acting under Sponsor’s authority, to use Winner’s name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by Winner regarding the sweepstakes, Prize, and/or any of the partners, worldwide and in-perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor (or the applicable partners), in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval. Winner agrees to confirm this consent in writing if requested. Any Winner can object to such publicity by contacting Sponsor directly.
13. Publicity. Sponsor reserves the right to cancel, suspend, and/or modify the sweepstakes, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of a sweepstakes, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual tampering, or attempting to tamper, with the administration and/or operation of any sweepstakes, including without limitations the entry process or the Prize Winner draw process. If Sponsor determines, in its sole discretion, that the integrity or viability of the sweepstakes is compromised, Sponsor reserves the right to void any entry at issue and/ or terminate the relevant portion of the sweepstakes, including the entire Sweepstakes.
14. General Conditions. Sponsor reserves the right to cancel, suspend, and/or modify the sweepstakes, in whole or in part, due to any fraud, bugs, virus, technical failures, changes in the law, or any other factor beyond Sponsor’s reasonable control that impairs the integrity or proper functioning of a sweepstakes, as determined by Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual tampering, or attempting to tamper, with the administration and/or operation of any sweepstakes, including without limitations the entry process or the Prize Winner draw process. If Sponsor determines, in its sole discretion, that the integrity or viability of the sweepstakes is compromised, Sponsor reserves the right to void any entry at issue and/ or terminate the relevant portion of the sweepstakes, including the entire Sweepstakes.
15. Indemnification. As a condition of entry, each Entrant agrees to defend, indemnify, release and hold harmless Sponsor and Sponsor’s respective parent, subsidiary, and affiliated companies, and any other person or organization responsible for sponsoring, fulfilling, administering, advertising or promoting an sweepstakes and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to Entrant’s entry, creation of an entry or submission of an entry, participation in a giveaway, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry.
16. Limitations of Liability. The Released Parties are not responsible and will have no obligation or liability resulting from: (i) an Entrant’s entry or attempt to participate in the sweepstakes, (ii) incorrect or incomplete information, whether caused by an Entrant, technical errors or by any of the equipment or programming associated with or utilized in a giveaway, (iii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iv) unauthorized human intervention in any part of the entry process; (v) entries, Prize claims or Prize notifications that are lost, late, incomplete, illegible, unintelligible, damaged, or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (vi) Entrants who have committed fraud or deception in entering or in a giveaway or claiming the Prize, (vii) an inability of the Winner to accept the Prize for any reason; (viii) an inability to fulfill or award a Prize due to delays or interruptions due to Acts of God, natural disasters, pandemics/epidemics, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (xi) any damages, injuries or losses of any kind caused by any Prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any Prize or resulting from participating in the Sweepstakes or any promotion or Prize related activities. If for any reason, Entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Sweepstakes.
17. No Automated Entry Devices. Use or attempted use of any robotic, automated, programmed, mechanical, or other non-manual entry methods will void all entries for any Entrant using these methods. All Entrants using such methods shall be disqualified from the Sweepstakes.
18. Company’s Right. Company reserves the right to disqualify any Entrant for any reason whatsoever, including but not limited to tampering with the entry process or violating the terms of this Agreement.
19. Odds of Winning. Odds of winning depends on the number of entries received.
20. Taxes. Entrant shall be responsible for paying all applicable taxes for any winnings related to the Sweepstakes.
21. Compliance with Law. Sponsor shall comply with all applicable federal, state, and local laws and regulations in connection with the Sweepstakes.
22. Agreement. By entering the Sweepstakes, Entrant warrants that Entrant has read, understands, and agrees to be bound by the terms of this Agreement and the Official Rules contained herein.
23. Binding Arbitration, Venue, and Choice of Law. Any controversy or claim arising out of or relating to these Official Rule, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be Homestead, Florida. Florida law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.
24. Attorneys’ Fees. In the event of any dispute between the parties concerning the terms and provisions of this Agreement, or an action for damages arising from this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
25. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior or contemporaneous agreements or understandings, written or oral, between them.
26. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect.