Bass Pro Shops and Cabelas Video Game Tournament
ALL PARTICIPANTS MUST BE THIRTEEN (13) YEARS OF AGE OR OLDER TO PARTICIPATE. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. PARTICIPANTS MUST OWN OR HAVE ACCESS TO BASS PRO SHOPS THE STRIKE CHAMPIONSHIP EDITION ON NINTENDO SWITCH AND HAVE CONNECTED TO THEIR VALID NINTENDO SWITCH ONLINE ACCOUNT. PARTICIPANTS MUST HAVE A VALID NINTENDO NETWORK ID. PARTICIPANTS MUST REGISTER WITH SPONSOR AT www.bpsgames.com TO COMPETE. PARTICIPANTS MUST BE RESIDENTS OF A JURISDICTION WHICH DOES NOT PROHIBIT THE CONDUCT OF OR THEIR PARTICIPATION IN THIS TOURNAMENT BY LAW.
These Official Rules are a legally binding agreement by and between you and Sponsor (defined below) governing entry into this contest tournament (the “Tournament”). By participating in this Tournament (“you” or “Participant”) unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Failure to comply with these Official Rules will void your entry.
SPONSOR: The Tournament is sponsored by Planet Entertainment 2490 Black Rock Turnpike, Suite 357, Fairfield, CT, 06825-2400 (“Sponsor”).
1. ELIGIBILITY: This Tournament is open to any legal resident or citizen of the fifty (50) United States or the District of Columbia. You must be thirteen (13) years of age or older as of the commencement of the Tournament Period (defined below) to participate and be eligible. You may be required to complete an affidavit of eligibility as well as additional required information, releases or responses. If you are younger than the age of majority in your state of primary residence at the start of the Tournament Period (a “Minor”), you must have permission to enter the Tournament from your parent or legal guardian (a “Parent”) prior to entering the Tournament to be eligible to win a Prize (defined below). A Prize won by a Minor will be awarded to his/her Parent for the benefit of the Minor, and the Parent and/or Minor will be required to complete an affidavit of eligibility (an “Affidavit of Eligibility”), as well as any additional required information, releases or responses, and provide requested documentation to Sponsor. All legal responsibilities of a Minor under these Official Rules will be assumed by his/her Parent.Individuals who are employees, officers or directors of Sponsor, and its respective parents, subsidiaries, affiliates and advertising and promotion agencies, and the immediate family members (spouses, domestic partners and parents, children and siblings and their spouses or domestic partners, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to win. All applicable federal, state, and local rules apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Tournament. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. TOURNAMENT PERIOD: Tournament begins at 9:00 a.m. PST on January, 5, 2019 and ends at 5 p.m. PST on January 6, 2019. (the “Tournament Period”). Sponsor is the official timekeeper for the Tournament. Individual tournaments will continue weekly. See www.bpsgames.com for the complete schedule.
3. HOW TO ENTER: To enter the Tournament, you must have own or have access to a Nintendo Switch and the video game BASS PRO SHOPS THE STRIKE CHAMPIONSHIP EDITION or CABELAS THE HUNT CHAMPIONSHIP EDITION for Nintendo Switch and have it connected to your valid NINTENDO SWITCH ONLINE account. Participants must have a valid NINTENDO NETWORK ID. Participants must register with Sponsor at www.bpsgames.com to compete.During the Tournament Period, after successfully registering for the Tournament and logging into your Nintendo Switch Online account you must access the Online Tournament section in the Main Menu on the day/time of the Tournament and fish/hunt for the designated fish/game. The highest game score is determined by highest total weight of fish/game caught within the allotted time (see Section 3) in the Online Tournament section accessible from the main menu. Each scheduled Tournament will feature a location and hunting or fishing challenges determined by the licensor in advance. The designated Online Tournament levels will be accessible in this section during the time/dates of the contest. In the result of a tie in weight, the earliest timestamped top scores will be deemed to have the higher game score.
4. SELECTION: After the conclusion of each week during the Tournament Period (each week begins on Saturday at 12:00 p.m. and ends on Sunday at 11:59:59 p.m.) Sponsor will select three eligible individuals with the top three highest game scores on the leaderboard from that week to win one of three prizes based on their ranking (the “Winners”). A Household may only win a Prize (defined below) one time every 90 days. In the event that an individual has one of the top three highest game scores on the leaderboard from that week but has previously won one of the prizes in the past 90 days, that individual will not be eligible to win a prize, and Sponsor will select an eligible individual with the next highest game score on the leaderboard from that week (that has not previously won one of the prizes in the past 90 days) to win one of the three prizes based on their ranking.Sponsor has the sole discretion to determine whether you are qualified to participate and win. Normal Internet access and usage charges imposed by your Internet service provider will apply.Any participant that is not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified. Sponsor reserves the right to remove any top scores, in its sole discretion, in the event Sponsor determines that the participant is not eligible to participate and win.
5. PRIZES: For each week during the Tournament Period, Sponsor will award the following prizes, unless Sponsor announces a substitute prize of greater or equal value for that week:
- First Prize: $1,000 USD gift card to Bass Pro Shops or Cabelas *
- Second Prize: $500 USD gift card to Bass Pro Shops or Cabelas *
- Third Prize: $250 USD gift card to Bass Pro Shops or Cabelas *
(each, a “Prize”, and collectively, the “Prizes”).
Total ARV of all Prizes awarded each week is $1,750.
*Prizes subject to change for prizes of similar value to the extent permitted under law.
The Prizes and the redemption thereof are subject to terms and conditions specified by Sponsor. The Prizes are awarded “as is” with no warranty or guarantee, either express or implied. The Prizes cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. Sponsor reserves the right, in its sole discretion, to substitute and/or modify a Prize with a prize of comparable or greater retail value, at its sole discretion. Only one (1) Prize is permitted per person and per family or household per week. You may only win a Prize one time every 90 days. All taxes on Prize and all costs and expenses related to acceptance and use of the Prize not specified in these Official Rules as being provided are the sole responsibility of winner. Prize will only be awarded and delivered to the postal address within the 50 United States or D.C. as provided to Sponsor. P.O. Boxes will not be accepted. If any mail is returned as undeliverable without a forwarding address, then the Prize may be forfeited and an alternate winner may be selected at Sponsor’s discretion. All Prize details are at Sponsor’s sole discretion.
- provide incomplete or inaccurate information in your registration for the Tournament;
- violate any law, rule or regulation, as determined by Sponsor in its sole discretion;
- Use any software or program that damages, interferes with or disrupts the Tournament, Sponsor’s services, or another’s computer, console or property;
- Interfere with or disrupt the Tournament or another player’s use of Sponsor’s services;
- Harass, threaten, bully, repeatedly send unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc. Hate speech is not tolerated;
- use of third-party programs to alter the game, computer or gaming console used to play the game, register for the Tournament, or otherwise participate in this Tournament;
- Publish, post, upload, or distribute content, or organize/participate in any activity, group or guild that Sponsor (acting reasonably) determines is inappropriate, abusive, hateful (e.g., expressing negative views about a person or group of people based on race, immigration status (e.g., alienage/citizenship status), national origin, gender, sexual orientation, religion, or similar characteristics), harassing, profane, defamatory, threatening, obscene, sexually explicit and/or exploitive, infringing, privacy-invasive, vulgar or otherwise inconsistent with the goodwill of Sponsor, offensive, indecent or unlawful;
- Use exploits, cheats, undocumented features, design errors or problems in connection with the Tournament or Sponsor’s services;
- Sell, buy, trade or otherwise transfer or offer to transfer your registration with Sponsor, any personal access to Sponsor’s service, or any Sponsor content associated with your registration with Sponsor, or in connection with any out-of-game transaction, unless expressly authorized by Sponsor;
- Collude with other individuals to disadvantage of other competitors;
- Engage in any other activity that significantly disturbs the peaceful, fair and respectful gaming environment of the Tournament or Sponsor’s services; or
- Promote, encourage or take part in any prohibited activity described above.
Every competitor is asked to maintain an adequate level of respect with the other competitors and Sponsor. Threatening behavior towards the Sponsor and the other competitors will not be tolerated. Incidents and punishment will be identified at the sole discretion of Sponsor. Competitors must abide by the instructions made by the Sponsor at all times. All competitors must follow Sponsor’s directions. Sponsor reserves the right to disqualify any competitor from the Tournament at any level, any time, and for any reason.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS TOURNAMENT, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE TOURNAMENT OR LEGITIMATE OPERATION OF THE TOURNAMENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Tournament is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Tournament, Sponsor reserves the right at its sole discretion to disqualify any suspect entrants and to cancel, terminate, modify or suspend the Tournament. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.bpsgames.com and the selection of winner(s) for the week will be made, from among all eligible, non-suspect entrants as of the date of the termination, cancellation or suspension, as Sponsor determines in its sole discretion. Individuals not complying with all rules are subject to disqualification. Sponsor reserves the right to disqualify (and refuse to accept or remove) any individual that Sponsor, in its sole discretion, deems to violate these Official Rules.
Released Parties are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of registrations and ranking of competitors; [b] failed, incomplete, garbled or delayed computer transmissions; [c] late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete registrations or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Tournament, including, without limitation, errors or difficulties which may occur in connection with the administration of the Tournament, the processing of registrations, the announcement of the Prize winners; or [d] any condition caused by events that may cause the Tournament to be disrupted or corrupted. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Tournament. Released Parties are not responsible for injury or damage to any person’s computer, games or gaming console/system related to or resulting from participating in this Tournament. Persons who tamper with or abuse any aspect of the Tournament or the relevant website(s) (including, but not limited to, the use of any device to automate the registration process), who act in an unsportsmanlike or disruptive manner, or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated registrations will be void. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Tournament or any portion thereof should viruses, bugs or other causes corrupt the administration, security or proper play of the Tournament, and limit entrants to those who registered and participated that week prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion and, if terminated, to award the prize from all non-suspect, eligible participants from that week prior to such action or as otherwise deemed fair and appropriate by Sponsor. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Tournament, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Tournament. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Governing Law/Jurisdiction: The Tournament and these Official Rules shall be construed in accordance with New York state law. Any and all disputes, claims and causes of action arising out of or connected with this Tournament or any prize awarded or not awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Courts located in New York County, New York.
Winner’s List/Official Rules: To view or obtain any legally-required winner(s) list (after the conclusion of the Tournament) or a copy of these Official Rules visit www.bpsgames.com or send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to:
Planet Entertainment LLC.
2490 Black Rock Turnpike
(VT residents may omit return postage) within six months after the conclusion of the Tournament.
This Tournament is in no way sponsored, endorsed or administered by, or associated with Nintendo of America Inc. You understand that you are providing your information to Sponsor. If you have any questions about this Tournament, please contact Sponsor.