NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ELIGIBILITY: The “Fish with Keith Combs” Sweepstakes (the “Sweepstakes”) is open to legal residents of the 48 contiguous United States, including the District of Columbia, who are age 18 or older at the time of entry. Void in Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of B.A.S.S., LLC (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”), Cracker Barrel Old Country Store, Inc. (“Cracker Barrel”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Cracker Barrel is a prize provider and does not in any way sponsor or administer this Sweepstakes.
SWEEPSTAKES ENTRY PERIODS: The Sweepstakes begins at 12:00:00 AM Eastern Time (“ET”) on Wednesday, May 1, 2019 and ends at 11:59:59 PM ET on Friday, May 31, 2019 (the “Sweepstakes Period”). Within the Sweepstakes Period, there are thirty-one (31) Daily Entry Periods (each, a “Daily Entry Period”) and thirty-one (31) corresponding Daily Random Drawings (each, a “Drawing”) as defined in the “Daily Entry Periods & Drawings Schedule” below. Entries must be received during a Daily Entry Period to be eligible for that Daily Entry Period’s drawing and prize. Non-winning entries for a Daily Entry Period will roll over to subsequent Daily Entry Periods. Sponsor’s computer is the official timekeeping device for this Sweepstakes.
|DAILY ENTRY PERIOD & DRAWINGS SCHEDULE|
|Entry Period #||DAILY ENTRY PERIODS
All eligible entries must be received between:
On or about:
|# of Prizes per Daily Entry Period|
|Daily Entry Period Start:
12:00:00 AM ET on:
|Daily Entry Period End:
11:59:59 PM ET on:
HOW TO ENTER: During the Sweepstakes Period, visit www.facebook.com/bass and click on the sweepstakes app link, or visit www.bassmaster.com/fishwithKeithCombs, follow all entry instructions to complete the entry form and submit to receive one (1) entry into the Sweepstakes (the “Entry”). Entries must be received between Wednesday, May 1, 2019 at 12:00:00 AM ET and Friday, May 31, 2019 at 11:59:59 PM ET. Entries become the property of the Sponsor and will not be acknowledged or returned. This Sweepstakes is not in any manner sponsored, endorsed, administered by or associated with Facebook.
Limits: One (1) Entry per person per day regardless of whether entrant has more than one email address.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Daily Prizes: There are thirty-one (31) Daily Prizes available to be won. Each Daily Prize winner will receive one (1) $100 Cracker Barrel Gift Card. The ARV of each Daily Prize is: $100. Cracker Barrel Gift Cards are not redeemable for cash and will not be replaced if lost or stolen. Cracker Barrel Gift Card usage is subject to the issuing company’s complete terms and conditions, including expiration dates. There is a limit of one (1) Daily Prize per person.
Grand Prize: There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a trip package for one (1) person, the Grand Prize winner, to a to-be-determined U.S. location to fish with Keith Combs. Trip dates and location to be determined by Sponsor, based upon Keith Comb’s availability. Trip package includes:
The ARV of Grand Prize: $2,500. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and actual value of the Grand Prize will not be awarded. All travel related expenses, including but not limited to, ground transportation to and from airport and home, taxes, gratuities, incidentals, upgrades, insurance, service charges, airport surcharges, luggage fees, departure taxes, hotel, resort or property fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of Grand Prize winner. Grand Prize winner must have valid photo ID prior to departure. Grand Prize Trip Package must be taken on dates specified by Sponsor or Grand Prize will be forfeited in its entirety. Dates are subject to change. Sponsor will, in its sole discretion, determine which airport is closest to the Grand Prize winner’s home. In the event the Grand Prize winner’s residence is close enough to the to-be-determined location, such that air transportation is deemed by Sponsor in its sole discretion to be unnecessary, the Grand Prize will not include air transportation from such Grand Prize winner’s residence and no other substitution or compensation will be provided in lieu thereof. The Grand Prize winner is responsible for obtaining any travel insurance (and all other forms of insurance) that he/she may wish to obtain (at his/her own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. If Grand Prize winner is unable to make the trip or is otherwise unavailable on the determined date, or if Keith Combs is unavailable or the opportunity to fish with Keith Combs is cancelled for reasons beyond the Sponsor’s control, Grand Prize winner understands and agrees that the opportunity to fish with Keith Combs component has NO CASH VALUE and that the Grand Prize will consist of only the remaining US travel-related prize elements and other Grand Prize elements listed above. 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 to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner 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 the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of flight cancellation/delay. 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. If for any reason whatsoever, Grand Prize winner is unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. Grand Prize winner is responsible for obtaining the proper travel documentation (e.g., valid photo ID and/or passport with a minimum validity 6 months after the date of return) prior to travel. Car rental component of Grand Prize is subject to rental agency’s terms and conditions, including minimum age requirements for select vehicles. In the event Grand Prize winner cannot comply with rental agency’s terms and conditions, the Grand Prize will be awarded without the car rental component and no other substitution or compensation will be provided in lieu thereof. In the event the Grand Prize winner engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner home with no further obligation. In the event the Grand Prize winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or 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.
The total ARV of all prizes available to be won: $5,600.
Odds of winning a Daily Prize will depend upon the total number of eligible entries received per Daily Entry Period. Odds of winning the Grand Prize will depend upon the total number of eligible entries received during the Sweepstakes Period.
RANDOM DRAWINGS / WINNER NOTIFICATION & VERIFICATION: Random Drawings will be conducted by the Sweepstakes Administrator, an independent representative of the Sponsor, whose decisions are final.
Daily Prizes: The potential Daily Prize winners will be selected in a series of random drawings from among all eligible entries received within the corresponding Daily Entry Period on or about the corresponding Random Drawing Date indicated in the Daily Entry Period & Drawings Schedule in the “Sweepstakes Entry Periods” section of these Official Rules. Potential Daily Prize winners will be notified by email and requested to confirm their mailing address within 48 hours via return email. Prizes will be sent to the address on the entry form or new address provided via email within 4-6 weeks after the Sweepstakes has ended.
Grand Prize: The potential Grand Prize winner will be selected in a random drawing on or about Monday, June 3, 2019 from among all eligible entries received during the Sweepstakes Period. The potential Grand Prize winner will be notified via email and/or phone, and will be required to sign and return, within seven (7) days of notification, an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases"). These Releases will require the Grand Prize winner to furnish his/her Social Security Number for the purpose of tax reporting, as required by law and for the purpose of a background check. Noncompliance will result in disqualification and an alternate winner may be selected.
The Grand Prize winner will 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 Sweepstakes will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sweepstakes or Sponsor, as determined by Sponsor in its 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.
If a winner is otherwise eligible under these Official Rules, but is deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf, as applicable..
PRIZE CONDITIONS: 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 prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.
Prizes are not redeemable for cash. Prizes are 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.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission for Sponsor, Cracker Barrel and their agents to use winner's name, prize won, hometown, likeness, video tape, 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.
SPONSOR AND CRACKER BARREL 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 PRIZE OR ANY OTHER ASPECT OF WINNER’S ACCEPTANCE OR USE OF THE PRIZE. PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF ANY PRIZE OFFERED IS AT YOUR OWN RISK. ENTRANTS ACKNOWLEDGE THE INHERENT HAZARDS, DANGERS AND RISKS ASSOCIATED WITH FISHING, INCLUDING BUT NOT LIMITED TO: DROWNING WHILE ENGAGED IN BOATING, FISHING AND WADING; INJURIES RECEIVED FROM MECHANICAL OR MOVING BOAT PARTS; INJURIES RECEIVED FROM FISHING EQUIPMENT OR RECEIVED FROM OTHER’S USE OF FISHING EQUIPMENT; INJURIES FROM ENCOUNTERS WITH WILDLIFE AND/OR INSECTS; INJURIES FROM EXPOSURE TO SUN, WIND, WEATHER AND/OR OTHER NATURAL ELEMENTS OR ACT OR OMISSION OF ANY GUIDE CONNECTED WITH ANY FISHING EXPERIENCE; RAPID MEDICAL ATTENTION AND/OR EMERGENCY RESPONSE MAY NOT BE AVAILABLE; AND THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF SUCH ACTIVITIES, AND ENTRANTS ASSUME THESE RISKS AND DANGERS.
GENERAL: Although subsequent attempts to enter on a given day 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, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sweepstakes Administrator and the Sponsor, and release the Sponsor, the Sweepstakes Administrator, Cracker Barrel, Facebook and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion or attempt to participate, and/or the acceptance, possession, receipt and/or use/misuse of the prize offered. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of prize. The Released Partiers are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may ask any entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the email address associated with the entry. 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 web site 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 Sweepstakes. By participating in the Sweepstakes, 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 Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, 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 Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Alabama, 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 SWEEPSTAKES, 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 SWEEPSTAKES, 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 Jefferson County, Alabama 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 is 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 Sweepstakes 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 Birmingham, Alabama. 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 Birmingham, Alabama. 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.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, send a self-addressed, stamped envelope by June 3, 2019 to: The Fish with Keith Combs Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winners (available after June 3, 2019), send a stamped, self-addressed envelope (no later than July 3, 2019), to: The Fish with Keith Combs Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: B.A.S.S., LLC, 3500 Blue Lake Drive, Suite 330, Birmingham, AL 35243.
Void in Alaska, Hawaii, Puerto Rico, outside the US and wherever else prohibited.