WHAT'S ON YOUR HOLIDAY FISH LIST? CONTEST
OFFICIAL RULES
CO-SPONSORED by:
World Fishing Network ULC ("WFN Canada") and World Fishing Network LLC ("WFN US" and together with WFN Canada, "WFN")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited. You have not yet won.
1. CONTEST PERIOD: WFN's What's On Your Holiday Fish List? Contest (the "Contest") begins on or about 12:00 PM Eastern Standard Time ("EST") on November 14, 2011 and runs through 4:59 pm EST on December 30, 2011 (the "Contest Period"). All entries must be received no later than 4:59 p.m. (EST) on December 30, 2011 after which time the Contest will be closed and no further entries shall be accepted. WFN's server/clock is the official time keeping device for the Contest.
2. CONTEST ELIGIBILITY/PARTICIPATION: The Contest is open in the fifty (50) United States, D.C. and all provinces of Canada, excluding the Province of Quebec and Puerto Rico ("North America") and is offered only to legal residents who have reached the legal age of majority in their state or province of legal residence at time of entry. Employees, directors and officers and their immediate family members (spouses and siblings, parents and children and their spouses) and household members (whether or not related) of WFN and any of their parents, subsidiaries, affiliates, assigns, advertising and Contest agencies, and any individuals or companies involved in the administration, implementation or execution of the Contest are not eligible.
By entering this Contest, you agree to be bound by these Official Rules and the decisions of WFN which are final and binding in all respects. In order to enter the Contest, and qualify for a chance to win a Grand Prize (as defined below), you must log on to the website at www.worldfishingnetwork.com/fishlist, click on the Enter Now button, complete and submit an entry form in its entirety (an "Entry"). To be eligible the Entry must include an essay (maximum of 200 words) listing the top 5 pieces of fishing gear you hope to receive this holiday season, and why you deserve to win. If you wish, you may also submit one (1) optional photo (in JPEG, GIF or PNG format) that compliments the written essay.
By entering the Contest, each entrant (i) represents that any material submitted to WFN (including without limitation, pictures, captions and the entry essays) (collectively, the "Material") is original to him/her and that the entrant has all necessary rights in and to the Material (including, but not limited to, releases from all individuals displayed in, or making up part of, the Material) to enter the Material in the Contest, (ii) grants WFN a royalty-free, non-exclusive license to publish, display, reproduce, modify, edit or otherwise use the Material in whole or in part on any media whether now known or hereinafter devised in perpetuity for advertising or promoting the Contest or for any other reasons including, but not limited to, placement of the Material (or extracts therefrom) on third party websites. Entries that are not an original creation of the entrant, or which are illegal, defamatory or in any way obscene, all as determined solely by WFN, will be disqualified. WFN reserves the right to disqualify and/or remove any Entry in whole or in part for any reason within its sole and absolute discretion if it believes the Entry is not in the spirit of the Contest or is not compliant herewith, or will have a detrimental impact on WFN, this Contest, or any of WFN's brand, products or services. Without limitation, WFN reserves the right in its absolute discretion to refuse, disqualify, or withdraw any Entry and/or entrants at any time during the Contest, including but not limited to obvious lack of good faith, noncompliant, or obscene, offensive, sexually inappropriate, or otherwise unsuitable Entries, such as those depicting violence, nudity or explicit activity, as determined by WFN (in its sole discretion). Material shall not be returned to entrants by WFN.
Once submitted, an Entry cannot be modified by the submitting entrant, nor deleted or cancelled. Entrants may not enter through a promotion/contest club (or similar method), with multiple e-mail and/or street addresses, nor shall entrants use any other device or artifice to enter the Contest more than the permitted number of times. Any entrant or voter who uses fraudulent entry methods, or otherwise attempts to participate with multiple e-mail and/or addresses under multiple identities will be disqualified. In case of dispute, on-line entries will be declared made by the authorized account holder of the e-mail address submitted at the 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, online 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. WFN reserves the right, at its reasonable discretion to refuse, disqualify, or withdraw any Entry and/or entrants at any time during the Contest Period.
Only one (1) eligible Entry will be accepted per person. Proof that an entrant submitted an Entry does not constitute proof or evidence that it was received within the Contest Period.
3. GRAND PRIZE: One (1) grand prize ("Grand Prize") is available to be won, which
consists of a $250 Gift Card to Bass Pro Shops.
The Grand Prize winner is solely responsible for all applicable federal, provincial, state and local taxes relating to the Grand Prize. The Grand Prize winner will be responsible for all other costs and expenses related to the Grand Prize, including, but without limitation to, shipping costs associated with the Grand Prize.
If the Grand Prize (or any component thereof) is not awarded to the initial Grand Prize winner or is forfeited, an alternate Grand Prize winner may be selected in WFN's discretion. Grand Prize awards are subject to verification of eligibility and compliance with the Official Rules. In no event will more than one (1) Grand Prize be awarded.
4. FINALISTS SELECTION: Eligible Entries will be posted on www. www.worldfishingnetwork.com/fishlist within a reasonable time of their receipt by WFN. Once posted, members of the public will have the opportunity to vote on the Entry which they feel is most deserving of the Grand Prize. Only one (1) on-line vote per legitimate email address by the authorized account holder of such email address per person per twenty-four (24) hour period will be permitted. If it is discovered that a voter voted more than the permissible number of times or if WFN has reason to believe that the on-line voter is engaging in cheating, fraud, or deception, or that the on-line voting has otherwise been technically manipulated (as determined by WFN in its sole discretion), all of the votes cast by such voter may be voided and the Entry for which such voter has voted may be disqualified from the Contest at any time without notice. All decisions of WFN in regards to the foregoing shall be binding and final. The top ten (10) Entries which receive the most public votes during the Contest Period will be considered the "Finalist Entries", from which the Grand Prize winner will be selected.
5. GRAND PRIZE WINNER SELECTION: A panel of WFN judges will evaluate the Finalist Entries based on the following criteria: (i) originality, (ii) creativity, (iii) content, and (iv) overall passion of each Entry (each a "Criterion" and collectively, the "Criteria"). Each Criterion will be weighted equally. The one (1) Finalist Entry deemed best will be determined by the panel, based on the Criteria, and will be eligible to win the Grand Prize. The odds of a Finalist Entry being selected by the judging panel depend on the number and the caliber of Finalist Entries received.
The potential Grand Prize winner will be notified on the day of or within two (2) weeks of WFN's judging panel's decision either by: (i) an initial telephone call during regular business hours (EST) at the contact telephone number provided at the time of entry; or (ii) an e-mail at the e-mail address provided at the time of entry. If any selected entrant cannot be reached within 48 hours from the time of initial contact, an alternate Grand Prize winner may be selected until such time as a selected entrant satisfies the terms of this section.
Once contacted, a potential Grand Prize winner must, in order to be declared eligible to receive a Grand Prize:
(i) comply with all Official Rules and any terms and conditions established by WFN;
(ii) sign, have notarized and return WFN's standard Affidavit of Eligibility, Liability and, where legal, Publicity Release and attest to their compliance with the complete Official Rules (the "Consent"). The Consent shall serve as the potential Grand Prize winner's agreement to release and indemnify WFN and their parent(s), subsidiaries, affiliates and/or related companies and each of their officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives, advertising, media buying and promotional agencies from any threatened or actual claims, actions, damages, and liabilities in connection with the Contest and/or the Grand Prize. In the event of noncompliance, or if WFN do not receive a signed Consent back from the potential Grand Prize winner, within five (5) days from the delivery of the Consent to the entrant, then such potential winners shall forego any right or entitlement to the Grand Prize and WFN may select another potential winner's name, and;
(iii) if the selected entrant resides in Canada, he or she must correctly answer a time-limited mathematical skill testing question (which will be administered at a pre-arranged time with the selected entrant) without the assistance of another person or mechanical device.
6. WINNER'S LIST: For the Grand Prize winner's names, send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included) to WFN, 184 Pearl Street, Suite 302, Toronto, Ontario, M5H 1L5, Attention: What's On Your Holiday Fish List? Contest or visit www.worldfishingnetwork.com/fishlist between February 1, 2012 and March 15, 2012.
7. CONSENT TO USE PERSONAL INFORMATION: By entering the Contest and voluntarily providing your personal information (including, but not limited to, e-mail address, first name, last name, age, address, postal code or ZIP, television services provider, and phone number (collectively "Registrant Information")) you consent to WFN's collection and use of your Registrant Information to administer this Contest. In addition, by opting-in on your entry, you consent to WFN's use of your Registrant Information to contact you to promote interactive features and contest similar to the Contest, subscribe to WFN newsletters and promotional clubs, notify you about programs and special events, and promote marketing initiatives from our partners and select advertisers (collectively, the "Additional Uses"). Your consent to the Additional Uses may be revoked at any time (without revoking your participation in the Contest or impairing your chances of winning) by requesting your e-mail address be unsubscribed at http://www.worldfishingnetwork.com/about/contact-us.aspx or by writing to WFN at the address set out below. All information provided by entrants shall be used in accordance with WFN's privacy policy available at http://www.worldfishingnetwork.com/about/privacy-policy.aspx.
8. GENERAL RULES:
a) WFN shall not be responsible for or bear any liability for: (i) late-received, lost, unintelligible/illegible, incomplete, or misdirected Entries; (ii) entrants or Entries which fail to comply with these Official Rules; and (iii) any failure of the www.worldfishingnetwork.com/fishlist website during the Contest Period, including any problems or technical malfunction of any computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or entry 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 an entrant's or any other person's computer related to or resulting from downloading any material in the Contest, all of which may affect an entrant's ability to participate in the Contest.
b) WFN reserves the right to cancel or suspend any portion of this Contest should a virus, bug or other cause beyond the reasonable control of the WFN corrupt the security or proper administration of the Contest. Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws, and should such an attempt be made, WFN reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
c) By participating in this Contest and/or the Grand Prize, the Grand Prize winner agrees that his/her name, image, photograph, voice, biographical information and/or other indicia of persona may be used by WFN in any and all forms of media, including but not limited to the World Wide Web and internet, without any further compensation or review and waives all rights (including moral rights) with respect to printed, broadcast and other forms of publicity. Written confirmation of the foregoing in the form of the Consent referred to above must be executed by the Grand Prize winner and provided to WFN.
d) Each entrant agrees that WFN and their affiliates, officers, directors, shareholders, agents, representatives and employees and all others associated with the development and execution of the Contest ("Released Parties") shall have no liability and shall be held harmless in respect of any and all manner of action, causes of action, suits, debts, covenants, contracts, claims, and demands, including legal fees and expenses, whatsoever, arising now or in the future, including but not limited to, claims based on negligence, breach of contract and liability for any physical injury, bodily injury, death, disability, or property damage or any other loss which the entrant or his or her administrators, heirs, successors or assigns might have or could have, by reason or arising out of the entrant's participation in the Contest, and/or in connection with the acceptance, possession, use or misuse, of the Grand Prize, whether or not caused in whole or in part by the negligence of one or more of the Released Parties.
e) All Entries are subject to verification by WFN and WFN also reserves the rights to cancel and revoke any Entries if they are found to be improper or if the entrant is subsequently found not to be eligible pursuant to these Official Rules.
f) In the event of unavailability of the stated Grand Prize (or any portion thereof), WFN, in their sole discretion, reserves the right to substitute a prize of equal or greater value.
g) The Grand Prize is not transferable, not refundable, and not redeemable for cash in whole or in part, will not be extended under any circumstances and must be accepted as offered. Any unused portions of the Grand Prize will be forfeited and will have no cash value.
h) By participating in this Contest, entrants agree to be bound by these Official Rules and the decisions of WFN, which decisions shall be final and binding upon all entrants. Failure to comply with these Official Rules may void an entrant's rights vis a vis the awarding of the Grand Prize. Interpretation of these Official Rules by WFN shall be final. If applicable, shipped prizes shall not be insured and WFN shall not assume any liability for lost, damaged, or misdirected prizes.
i) WFN may terminate, modify or suspend this Contest at anytime and may amend the Official Rules or administration of this Contest without notice in their sole discretion in any commercially reasonable manner.
j) WFN shall not be liable to winners or any other person for failure to execute the Contest, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), public health crisis, equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond its reasonable control.
8. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR WFN IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE PROVINCE OF ONTARIO WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. As a condition of participating in this Contest, each participant agrees that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, exclusively before a court located in Toronto, Ontario, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for and hereby waives all rights to claim punitive; incidental; or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
9. SPONSORS: In Canada: World Fishing Network ULC, 184 Pearl Street, Suite 302, Toronto, Ontario M5H 1L5, In the U.S.: World Fishing Network LLC, Cherry Creek Centre, 360 South Monroe, Suite 650, Denver, CO 80209.