WFN’S ULTIMATE FISHING TOWN 2013 CONTEST RULES
World Fishing Network LLC (“WFN”)
1. CONSENT TO USE PERSONAL INFORMATION: By participating in WFN’s Ultimate Fishing Town contest (the “Contest”) electronically and voluntarily providing your personal information (including, but not limited to e-mail address, first name, last name, city, state, zip code, television service provider and phone number) (collectively “Registrant Information”) you consent to WFN’s collection and use of the Registrant Information to administer this Contest. In addition, by opting-in while submitting your Nomination (as defined below), or by opting-in during the online voting component of this Contest, you consent to WFN’s use of your Registrant Information to contact you to promote sweepstakes, interactive features and contests similar to the Contest, receive and subscribe to WFN newsletters and promotional clubs, notify you about programs and special events, promote marketing initiatives from our partners and select advertisers and automatically enter you into other WFN-sponsored sweepstakes and contests (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 opportunity to win) by submitting your e-mail address on the “unsubscribe” page at http://www.WorldFishingNetwork.com/about/contact-us.aspx or by writing to WFN at the address set out below.
2. ELIGIBILITY: This Contest is open to Towns in the fifty (50) United States and D.C., (“U.S.”) and is offered to legal U.S. residents who have reached the legal age of majority in their state of legal residence at the time of Nomination (as defined below). Residents outside of the U.S. who have reached the legal age of majority in their jurisdiction of legal residence may submit Votes (as defined below) in this Contest; however, they cannot nominate a Town outside of the U.S. Roscoe, New York, and Olcott Beach, New York, the grand prize winners of the 2011 and 2012 Ultimate Fishing Town contest, respectively, are not eligible to compete; Nominations for those Towns will not be accepted and will be disqualified. The employees, officers, directors, advisors, assignees, agents, licensees, representatives of WFN, its advertising, media buying and promotional agencies, each of their respective parent(s), subsidiaries, affiliates and/or related companies, any entity involved in the production of materials for, or administration or execution of this Contest, and members of the immediate families or persons with whom any of the foregoing is domiciled are not eligible to submit Nominations or Vote in this Contest.
3. CONTEST PERIOD: NO PURCHASE NECESSARY. The Contest shall run from 12:00 p.m. (noon) March 4, 2013 until 11:59 a.m. May 24, 2013, inclusive (the “Contest Period”). All Nominations (as defined below) must be received between 12:00 p.m. March 4, 2013 and 11:59 a.m. April 15, 2013 (the “Nomination Period”), after which time no further Nominations (as defined below) shall be accepted. Nominations will be available for public viewing during the Nomination Period but will not be eligible for public voting until 12:00 p.m. April 15, 2013 through 11:59 a.m. May 3, 2013 (the “Public Voting Period”). Nominations that advance into the final voting period will be announced at 12:00 p.m. on May 3, 2013 and will be eligible for public voting between 12:00 p.m. on May 3, 2013 through 11:59 a.m. on May 24, 2013 (“Finalist Voting Period”). WFN’s server/clock is the official time keeping device for the Contest. All time referenced in these official rules is Mountain Time. The Contest is being run concurrently with a similar contest in Canada but, except as otherwise set out below, is separate and distinct from the Canadian contest.
4. CONTEST PARTICIPATION:
By participating in this Contest, you agree to be bound by these official rules and the decisions of WFN (and its authorized representatives) concerning the administration and interpretation of these official rules, which shall be final and binding in all respects.
In order to participate in the Contest, and qualify an individual city, borough, municipality, town, township or village in the U.S. (each, a “Town”) for the opportunity to win a Prize (as defined below), you must, during the Nomination Period, log on to the website www.UltimateFishingTown.com and complete in its entirety and submit a nomination form on behalf of the Town (each, a “Nomination”). For clarity, a state or county shall not be considered a “Town” for this Contest and in the event of any doubt as to whether a Nomination properly constitutes a Town, WFN shall make such determination in its sole and absolute discretion. To be eligible, the Nomination must include (i) the Town name, (ii) state, (iii) your email address, (iv) one (1) photo that represents the Town (JPEG format only) and (v) a short description (maximum of 100 words) describing why the Town is the Ultimate Fishing Town in the U.S. Each Nomination may be supplemented by additional text, video (up to maximum of 2 minutes long in any of the following formats: WMV, AVI, MOV, MOOV, MPG, MPEG, M2T, M2V, VOB, FLV, MP4, MPG4, MKV, ASF, M4V, M2P, 3GP, 3G2 and F4V and be comprised of no more than 100 MB) and/or photo content related to the theme of this Contest by anyone who wishes to contribute to any Nomination (collectively, “Added Content”). Individuals understand and agree that by submitting a Nomination they do so by and on behalf of the Town so nominated.
Each person who submits a Nomination or Added Content: (i) represents that any material submitted to WFN (including without limitation, the material comprising the Nomination and the Added Content) (collectively, the “Material”) is original to him/her and that he/she has all necessary rights in and to the Material (including, but not limited to, releases from all individuals and all venues displayed in, or making up part of, the Material) to enter the Material in the Contest and the use by WFN as provided herein (and pursuant to WFN’s applicable privacy policies); (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 in 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 there from) on its websites and on third party websites; and, (iii) waives any and all moral rights in and to the Material, Nomination or Added Contest in favor of WFN and its successors and assigns. Nominations or Added Content that are not an original creation of the person, or which are illegal, defamatory or in any way obscene, all as determined solely by WFN, will be disqualified. Persons should refrain from submitting any photos or videos that show any clothing items bearing business, designer or sports logos or designs (other than logos or designs owned by entrants) or that otherwise include intellectual property rights, privacy or personality rights or other third party rights which the persons do not control. WFN reserves the right to edit, disqualify and/or remove any Nomination or Added Content in whole or in part for any reason within its sole and absolute discretion if it believes the Nomination or Added Content is inappropriate, 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 or is not suitable for a family audience. Without limitation, WFN reserves the right in its absolute discretion to refuse, disqualify, or withdraw any entrant, Nomination, the Material and/or Added Content, Town, Vote (as defined below), voter, or any individual or element thereof, at any time during or after the Contest Period, including without limitation for obvious lack of good faith, noncompliance with these official rules, or obscene, offensive, discriminatory, sexually inappropriate, and those depicting violence, nudity, illegal, dangerous or explicit activity, or otherwise unsuitable content as determined by WFN (in its sole and absolute discretion), and such entrant, Nomination and/or Added Content, Town, and/or Vote/voter, as applicable, will not be considered and/or will be disqualified. WFN shall not return Material to entrants and all such Material, Nominations and Added Content, as the case may be, shall become the property of WFN upon receipt by WFN.
Once submitted, a Nomination can be modified to add content, but a Nomination cannot be deleted or cancelled (by the submitting entrant or otherwise), except in accordance with these official rules. Entrants may not enter through a promotion/contest club (or similar method), with multiple e-mail, identities, and/or street addresses. Entrants may not use any other device or artifice to enter the Contest more than the permitted number of times. Any entrant or voter who appears to be cheating, uses fraudulent nomination or voting methods, or otherwise attempts to participate with multiple e-mail and/or addresses under multiple identities will be disqualified. In case of dispute, Nominations will be declared made by the authorized account holder of the e-mail address submitted at the time of Nomination. “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.
Only one (1) eligible Nomination will be accepted per Town, however, individuals will have the opportunity to submit Added Content to any Nomination (subject to these official rules). For example, if a Nomination for New York, New York has already been submitted, individuals will have the opportunity to submit Added Content supporting such Nomination which will be combined with the Nomination already submitted for New York, New York and evaluated together as one Nomination for the Town. WFN disclaims any responsibility and/or liability relating to or arising from disagreements amongst persons with respect to their Nominations and/or Added Content however WFN’s decisions regarding any such disagreements shall be final. Proof that an individual submitted a Nomination or Added Content does not constitute proof or evidence that it was received within the Contest Period, eligible to enter the Contest or accepted by WFN.
Among all Finalists, one (1) grand prize (“Grand Prize”) is available to be won which solely consists of:
A) $25,000 to be donated by WFN to a local community organization, municipality/government entity, or charitable organization or cause benefiting local anglers in or reasonably close to the winning Town (the “Cause”) (the Cause shall be selected by an authorized official/representative of the applicable winning Town, who will be selected by WFN, each acting reasonably and within the spirit of this Contest (each a “Representative”)); and
B) The production of a short (2-5 minutes) television feature on the winning Town to be produced by WFN at a mutually convenient time within twelve (12) months of the end of the Contest Period (the “Feature”). Participants in the Feature will be required to sign customary releases and consents in connection with their participation in the Feature, all rights in which shall be owned by WFN. The Feature, in whole or in part, may, but without obligation, be broadcast by WFN in its sole and absolute discretion; and
C) A WFN trophy commemorating the winning Town as WFN’s Ultimate Fishing Town, 2013 (the “Trophy”). The approximate retail value of the Trophy is $200.
The approximate retail value of the Grand Prize to the winner is $200. The approximate retail value of the Grand Prize donation to be made directly by WFN to the Cause is $25,000.
One (1) regional prize (each a “Regional Prize” and together with the Grand Prize, the “Prizes”) from each of the five (5) regions set out in Schedule ‘A’ is available to be won (five (5) Regional Prizes are available to be won in total) which solely consists of $3,500 to be donated by WFN to the Cause selected by the Representative.
Limit one Prize per Nomination (per Town). The Town that wins the Grand Prize is NOT eligible to win a Regional Prize. Prize awards are subject to verification of eligibility and compliance with these official rules. All cash components of a Prize are in U.S. dollars. Payment of the cash component of the Prizes shall be made directly by WFN to the selected Cause; winner will receive no tax benefit or obligation from the donation. In no event will more than one (1) Grand Prize and five (5) Regional Prizes be awarded.
6. ONLINE VOTING, SELECTION:
Eligible Nominations and Added Content will be posted on www.UltimateFishingTown.com within a reasonable time of their receipt by WFN. Once posted, during the Public Voting Period, members of the public will submit their email address and “captcha” and then have the opportunity to vote on the Nomination which they feel depicts the Town most deserving of the title “WFN’s Ultimate Fishing Town” (each such vote shall be referred to as an “Online Vote”). Limit one (1) Online Vote per legitimate email address per Town per six (6) hour time period (as described herein and hereinafter referred to as a separate “Voting Period”). The six hour time blocks of each Voting Period (in which voters can submit an Online Vote) are as follows: 12:00 p.m. (noon)-6:00p.m., 6:01p.m.-12:00a.m., 12:01a.m.-6:00a.m., 6:01a.m.-11:59am. A WFN email will be automatically sent to verify the first Online Vote from each e-mail address that participates in the online voting, unless the Online Vote comes through Facebook or Twitter (in which case no verification email will be sent). If applicable, the Online Vote will not be counted until the voter verifies the email address by clicking on a link contained in the WFN verification email. The WFN verification email will not be sent for subsequent Online Votes from a WFN verified email address. If it is discovered that a voter voted more than the permissible number of times or if WFN has reason to believe that an online entrant and/or voter is engaging in cheating, fraud, or deception, or that the online voting/Votes result from spamming, phishing, robotic, script, are not authentic (i.e. not from a real person), or have otherwise been manipulated, or are contrary to these official rules (as determined by WFN in its sole discretion), all of the Votes (as defined below) cast by or on behalf of such entrant and/or voter may be voided and, at WFN’s discretion, the Nomination 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. Vote totals displayed on the Contest website are unofficial until the Votes are reviewed by WFN to ensure eligibility and compliance with these official rules and a final Vote tally is officially announced by WFN.
Voters who submit Online Votes for Towns in this Contest may also submit votes for towns in the concurrently running Canadian Ultimate Fishing Town contest during the same Voting Periods, all in compliant with and pursuant to these official rules and the official rules governing the Canadian Ultimate Fishing Town contest. For clarity, members of the public can vote only once for the same Town in this Contest and the concurrently running Canadian Ultimate Fishing Town contest during a Voting Period but, subject to the foregoing, may vote for different, multiple Towns in this Contest or the Canadian Ultimate Fishing Town contest in the same Voting Period.
BONUS VOTES: After a person submits an Online Vote, he/she will be presented with a ‘thank you for voting’ page that presents the following four (4) options to achieve bonus votes (collectively, the “Bonus Votes” and together with the Online Votes, the “Votes”):
A. Refer-a-Friend: During each Voting Period, each Online Voter will be given the option to refer up to six (6) friends after submitting an Online Vote by submitting up to six (6) different, valid email addresses of those friends in the ‘thank you for voting’ page. An email will be automatically sent on behalf of the Online Voter to the referred email addresses asking the authorized account holders of each such referred email address to submit an Online Vote in the Contest. For each Online Vote submitted by the authorized account holder of each such referred email address, one Bonus Vote will be directed to the Town for which the initial Online Voter voted. Each referral submitted must be an existing individual known to or part of the Online Voter’s network. Once submitted, Online Voters may not re-submit the same referral in the same or different Voting Periods. Limit up to six (6) Bonus Votes via the referral method, during each Voting Period. By entering the email addresses in the ‘thank you for voting’ page, the original Online Voter represents and warrants that he/she has permission from his/her friends to submit their personal information. WFN will not use or disclose the personal information submitted on the 'thank you for voting' page, except to send an email to the referred friend.
B. Facebook: Online Voters who have a valid Facebook account may click on the “Post to Facebook button” on the ‘thank you for voting’ page to post a pre-generated message (which may be edited by the Online Voter) supporting the Contest to their Facebook account. Each time an Online Voter with a valid Facebook account clicks to post such message, he/she shall receive one Bonus Vote to the Town for which the initial Online Voter voted. For clarity, each Online Vote may be posted to Facebook only one (1) time, resulting in one (1) potential Bonus Vote during a Voting Period. Failure of the Facebook site or Bonus Votes cast through Facebook are outside of the control of WFN and WFN shall not be responsible for any Bonus Votes that are not counted as a result of such failures. Voters understand that they are providing information to WFN and not to Facebook. Facebook is not a sponsor of nor otherwise associated or affiliated with this Contest.
C. Twitter: Online Voters who have a valid Twitter account may click on the “Tweet button” on the ‘thank you for voting’ page to post a pre-generated message (which may be edited by the Online Voter) supporting the Contest to their Twitter account. Each time an Online Voter with a valid Twitter account clicks to post such message, he/she shall receive one Bonus Vote to the Town for which the initial Online Voter voted. For clarity, each Online Vote may be Tweeted only one (1) time, resulting in one (1) potential Bonus Vote. Failure of the Twitter site or Bonus Votes cast through Twitter are outside of the control of WFN and WFN shall not be responsible for any Bonus Votes that are not counted as a result of such failures. Voters understand that they are providing information to WFN and not to Twitter. Twitter is not a sponsor of nor otherwise associated or affiliated with this Contest.
In total, each Online Vote could result in an additional eight (8) Bonus Votes if the Online Voter participates in each of the Bonus Voting options listed above. In the event that there are any problems or issues with any or all of the methods to achieve Bonus Votes, the Contest may proceed with On Line Votes only (no Bonus Votes) or with Bonus Votes through the method(s) that are free of problems or issues, at sole and absolute discretion of WFN. Any Bonus Votes already cast up to such time shall continue to count as Votes in the Contest.
7. PRIZE SELECTION:
(A) Round One: two (2) Towns located in each of the five (5) regions in the United States (as set out in Schedule “A”) with the most number of Votes received during the entire Public Voting Period shall advance to the Finalist Voting Period (ten (10) Towns in total) pursuant to public votes. In the event of a tie for the Town that received the second most Votes, all such tied Towns shall advance to the Finalist Voting Period. In the event there are fewer than two (2) qualifying Towns from any Region, WFN shall have the option to advance a Town from any Region into the Finalist Voting Period based on the number of Votes received during the entire Public Voting Period.
In addition to the ten (10) Towns advanced into the Finalist Voting Period by public vote as set out above, WFN shall in addition select up to two (2) other Towns from each Region based equally on originality, persuasiveness, energy, the angling nature of the community organization or Cause identified in the Nomination (“WFN Criteria”), and taking into account the number of Votes received by the Town. WFN reserves the right to advance fewer Towns in its sole discretion. The up to twenty (20) selected Towns that advance to the Finalist Voting Period are collectively referred to as the “Finalists”). It is anticipated but not guaranteed that the Finalists advancing to the Finalist Voting round shall be announced on the Contest’s website on or about May 3, 2013, subject to verification and compliance with these official rules.
(B) Finalist Round: Voting will be reset and begin at zero for the Finalist Round. Eligible Finalists will be subject to public voting during the Finalist Voting Period. Voters will be encouraged to vote on the Finalist Town which they feel depicts the town most deserving of the title “WFN’s Ultimate Fishing Town”. The Town with the most number of Votes received during the Finalist Voting Period (including, for certainty, Online Votes and Bonus Votes) shall be declared the Grand Prize winner, subject to verification and compliance with these official rules. In addition, the Town from each Region (including the Region of the Grand Prize winning Town, but excluding the Grand Prize winning Town itself—which is not eligible to receive a Regional Prize), which receives the most Votes shall be declared the Regional winner, subject to verification. If the Regional winner is from the same Region as the Grand Prize winner, the Regional winner will be the Town with the second highest number of Votes from that Region.. In the event of a tie, WFN shall have the opportunity to select the Grand Prize and Regional Prize winning Entries, respectively, among those tied Entries, based on the WFN Criteria.
8. WINNER NOTIFICATION: The applicable Representatives will be notified on or within one (1) week of the applicable Prize selection either by: (i) an initial telephone call during regular business hours at the contact telephone number provided at the time of Nomination or otherwise; or (ii) an e-mail at the e-mail address provided at the time of Nomination or otherwise. If any Representative cannot be reached or fails to respond within 48 hours from the time of initial contact, an alternate Town may be selected in accordance with these official rules until such time as a Representative satisfies the terms of this section.
Once contacted, Representative or his/her designate must, in order for Town to be declared eligible to receive a 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 these completed official rules (the “Consent”). The Consent shall serve as the Representative’s agreement on behalf of themselves and the Town to release and indemnify the officers, directors, shareholders, employees, advisors, assignees, agents, licensees, representatives of WFN, its advertising, media buying and promotional agencies, and all others associated with the development and execution of the Contest and each of their respective parent(s), subsidiaries, affiliates and/or related companies, Facebook and Twitter (collectively, the “Released Parties”), from any threatened or actual claims, actions, damages, settlements (whether or not litagation is commenced) and liabilities in connection with the Contest and/or the Prize. In the event of noncompliance, or if WFN does not receive a signed Consent back from Representative within five (5) days from the delivery of the Consent, then such Representative and Town shall forfeit the applicable Prize in full and WFN may select an alternate Nomination from existing Finalists, on the basis of Votes, to win the respective Prize subject to verification, which may be subject to disqualification in the same manner, and;
(iii) complete and return any tax documentation WFN deems necessary with their Consent. If WFN deems that a Representative must complete tax forms and does not receive the completed tax forms back from the Representative within five (5) days from the delivery of the forms to the Representative, then such Representative and Town shall forfeit the prize in full and WFN may select another Town for that applicable prize level in accordance with these official rules.
By submitting a Nomination or acting as a Representative of a winning Town, each participant agrees that his/her name, image, photograph, voice, biographical information, submitted Nomination, Added Content and all Materials, and/or other indicia of persona may be used in any and all forms of media now known or hereinafter devised, including but not limited to the World Wide Web and internet, without any further notice, 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 and provided to WFN.
9. WINNER’S LIST: For information on the winning Towns, send a written request by self-addressed, stamped envelope (ensure that sufficient postage is included) to World Fishing Network LLC, 11203 East Peakview Avenue, Centennial Colorado, 80111 – 6811, Attention: WFN’s Ultimate Fishing Town 2013 or visit www.UltimateFishingTown.com between June 20th, 2013 and August 20th, 2013. Limit one request per person, or per household.
10. GENERAL RULES:
a) WFN shall not be responsible for or bear any liability for: (i) late-received, lost, unintelligible/illegible, incomplete, delayed, destroyed, or misdirected Nominations, Additional Content or Votes; (ii) Nominations, Additional Content or Votes which fail to comply with these official rules; and (iii) any failure of the www.UltimateFishingTown.com website during the Contest Period, including any problems or technical malfunction of any computer online systems, servers, access providers, browser, server or any other hardware or software incompatibility, computer equipment, software, failure of any e-mail, Nomination, Added Content, Material or Vote to be received, due to without limitation technical problems or traffic congestion on the Internet or at any website, human or technical error, incompatibility, 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, terminate, or suspend this or any portion of this Contest should a virus, bug or other similar or dissimilar cause beyond the reasonable control of WFN corrupt the Contest, security or proper administration of the Contest or any element thereof, and in such event Sponsor reserves the right to select eligible non-suspect winners from eligible entries received if feasible, practicable and fair (in WFN’s sole and absolute discretion). 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) Each entrant agrees that Released Parties shall have no liability and shall be held harmless in respect of any and all manner of threatened or actual actions, 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 any Prize, whether or not caused in whole or in part by the negligence of one or more of the Released Parties.
d) All Nominations, Added Content and Votes are subject to verification by WFN and WFN reserves the right to cancel and revoke any Nominations 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 a stated Prize (or any portion thereof), WFN, in its sole discretion, reserves the right to substitute a prize of equal or greater value.
g) The Prizes are 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 a 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 a Prize. Interpretation of these official rules by WFN shall be final.
i) WFN may terminate, modify or suspend this Contest at anytime and may amend the Contest rules or administration of this Contest without notice in its sole discretion in any commercially reasonable manner and WFN will select the winning Town from Nominations received prior to the action or as otherwise may be deemed fair and equitable by WFN in its sole and absolute discretion if commercially feasible within the spirit of this Contest.
j) WFN shall not be liable to winners or any 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, cyber attacks, 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.
k) 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 SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF COLORADO 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 Denver County, Denver, 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.
11. SPONSOR: World Fishing Network LLC, 11203 East Peakview Avenue, Suite 200 Centennial Colorado, 80111 – 6811.
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