* Vehicle shown with options
NO PURCHASE NECESSARY TO ENTER OR WIN PRIZE. MAKING A PURCHASE WILL NOT INCREASE 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.
SWEEPSTAKES ADMINISTRATOR: US Sweepstakes & Fulfillment Co. (the “Administrator”), 625 Panorama Trail, Suite 2100, Rochester, NY 14625.
SPONSOR: B.A.S.S., LLC (the “Sponsor”), 3500 Blue Lake Drive, Suite 330, Birmingham, AL 35243.
SWEEPSTAKES ENTRY PERIOD: The Bassmaster Toyota Ultimate Tundra Giveaway (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, June 21, 2018 and ends at 11:59:59 PM ET on Sunday, September 23, 2018 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia (excluding without limitation, those residents if located in overseas military installation, Puerto Rico, and other U.S. Territories or foreign territories) who are age 21 at the time of entry and a U.S. licensed driver (“Entrant”). Officers, directors, representatives, employees or agents of the Administrator, Sponsor, Toyota Motor Sales, U.S.A., Inc. (“TMS”) and their respective owners, parents, affiliates, subsidiaries and successor companies, their advertising/promotional agencies (collectively the "Sweepstakes Entities"), and the members of their immediate families or those persons living in the same household of anyone so employed are ineligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses. "Household members" shall mean people who share the same residence at least three months a year. Sweepstakes is void in Puerto Rico, U.S. territories and possessions outside of the 50 United States or D.C., and where restricted or prohibited by law. By entering the Sweepstakes, Entrants agree to abide by all terms of the Official Rules and all applicable local, state and federal laws and regulations.
HOW TO ENTER: There is one (1) method of entry. During the Sweepstakes Period, eligible Entrants must visit www.bassmaster.com/toyotatundragiveaway and follow all entry instructions to complete the entry form and submit to receive one (1) entry into the Sweepstakes (the “Entry”).
Limit: One (1) Entry per Entrant per calendar day during the Sweepstakes Period regardless of whether Entrant has more than one email address. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins, and/or any other methods, including, but not limited to, Entries generated by script, macro or other automated devices will void that Entrant's Entries and that Entrant may be disqualified from the Sweepstakes. Multiple Entrants are not permitted to share the same email address. Neither the Sponsor, TMS nor Sweepstakes Entities will verify receipt of Entries for Entrants. All Entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS: There is one (1) Prize, as defined below, available to be won by one (1) winner (“Winner”) which shall consist of:
The Vehicle, Other Accessories Package Items, and Cash are collectively referred to herein as the “Prize.” Prize is non-transferable and no substitution or cash equivalent is allowed except as provided herein at the Sponsor’s sole discretion, or as otherwise stated in these Official Rules. Sponsor reserves the right to substitute any element of the Prize other than the Vehicle for one of comparable or greater value, at its sole discretion. And, in the event that the Vehicle is not available in certain U.S. geographic locations, Sponsor, in its sole discretion, will provide an alternate prize with one of comparable value to the MSRP of the unavailable Vehicle. Winner is responsible for all taxes and other costs and fees associated with Prize receipt and/or use not specified herein as being awarded. The depiction of the Vehicle and/or Other Accessories Package Items in any advertising or promotional materials may not reflect the actual Vehicle and/or Other Accessories Package Items to be delivered to the Winner. Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with the Prize provided pursuant to the Sweepstakes and/or any Entrant’s participation in the Sweepstakes.
The total ARV of the Prize is: $43,489. ARV is as of date of drafting these Official Rules. The difference in value of Prize as stated herein and value at time of Prize notification/award, if any, will not be awarded. Odds of winning the Prize depend on the number of eligible Entries received during the Sweepstakes Period.
WINNER DETERMINATION, RANDOM DRAWING: The Winner will be selected in a random drawing conducted by Administrator, an independent agent of the Sponsor whose decisions are final, on or about Tuesday, September 25, 2018 from among all eligible Entries received during the Sweepstakes Period.
WINNER NOTIFICATION & VERIFICATION: The potential Winner will be notified via email and/or phone and will be required to sign and return, within seven (7) days of Prize 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 Winner to furnish his/her Social Security Number for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate winner may be selected in a separate random drawing.
1The Vehicle will be awarded within approximately 180 days after the Winner is verified. Sponsor is not responsible for delays in delivery of the Vehicle. Winner must take delivery of Vehicle from the Dealership designated by Sponsor (“Delivery Site”) and must personally retrieve the Vehicle within 30 days of written notification of delivery to the Delivery Site. Winner must have proof of a valid U.S. driver’s license from his or her state or place of residence in the United States and proof of insurance to take delivery of Vehicle. Sponsor shall use best efforts to select a Delivery Site close to Winner’s primary residence. Vehicle will include standard equipment and accessories, as stated herein and as designated by Sponsor. Any other additional accessories, upgrades or options beyond those provided in the Vehicle are at the sole expense of the Winner. Color, package, factory options, and other Vehicle specifics to be determined Sponsor in its sole discretion and are subject to availability. Sponsor reserves the right, in its sole discretion, to require Winner to select the Vehicle from available dealer stock, as determined by Sponsor. Winner shall bear all risk of loss or damage to the Vehicle after it has been delivered to the Delivery Site. Winner will be responsible for any and all costs associated with the collection and use of the Vehicle, including but not limited to, optional equipment, freight and dealer prep, title, license, insurance, registration fees, applicable taxes and any travel and transportation costs associated with collecting the Vehicle. All other costs not specifically stated herein are the responsibility of the Winner.
2Installation and installation fees of Other Accessories Package Items are the responsibility of the Winner. Other Accessories Package Items will be compatible with the Vehicle; however, installation of non-Genuine Toyota Accessories can void Vehicle warranty. For complete details about TMS’s warranties for the Vehicle, please refer to the Vehicle Warranty & Maintenance Guide, Vehicle Owner’s Guide, or speak with an authorized representative at the Delivery Site. Other Accessories Package Items will be shipped to the Winner’s primary residence within approximately 45 days after Winner is verified.
PARTICIPATION IN THIS SWEEPSTAKES AND THE RECEIPT AND/OR USE OF PRIZE OFFERED OR ELEMENT OF ANY PRIZE OFFERED IS AT WINNER’S OWN RISK.
PRIZE CONDITIONS: If Winner fails to comply with these Official Rules, cannot be located or reached, has provided an incorrect e-mail or mailing address, is determined to be ineligible, fails to claim the Prize, or if any Prize notification or any element of Prize is returned as undeliverable, Winner will forfeit Prize and an alternate winner may be selected without further notice.
No elements of the Prize are redeemable for cash, assignable or transferable. No substitution is permitted except if a element of the Prize is unavailable, in which case an alternate element of the Prize that is of comparable value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility. Any element of awarded Prize that remains unclaimed or expires will become void.
Winner is responsible for all federal, state, local and income taxes associated with Prize. Winner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.
Except where prohibited by law, Entry and acceptance of any element of Prize constitutes permission for Sponsor, TMS and the Sweepstakes Entities to use Winner's name, element of Prize won, address, photograph, testimonial or other likeness and/or Prize information or personal exposition (and/or any edited position thereof) video tape, 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.
Prize is awarded “as is” with no warranty or guarantee, either express or implied by the Sweepstakes Entities, other than as otherwise stated herein. Winner acknowledges that the Sweepstakes Entities do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of the Prize being offered, except that each merchandise prize shall be subject to its manufacturer’s standard warranty (if any). Any and all warranties and/or guarantees on any element of Prize (if any) is subject to the manufacturer's terms thereof, and Winner agrees to look solely to such manufacturer for any warranty and/or guarantee.
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 Entrant, including Entries submitted with an alternate email address, will be disqualified.
Entrants agree to these Official Rules and the decisions of the Sponsor and the Administrator, and release the Sweepstakes Entities and their respective parents, subsidiaries, and affiliates, 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 Sweepstakes, and the acceptance and use/misuse of any element of the Prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of any element of the Prize. Sponsor is 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 any mass entries or entries generated by a script, macro or use of automated devices are void. The Sweepstakes Entities 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, Entrants (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 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 finds to be tampering with the Entry process or the operation of the Sweepstakes or has intentionally violated these official rules or has been acting in a unsportsmanlike or disruptive manner; 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), and to select Winner from among all eligible Entries received prior to withdrawal. 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 Entrant 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 WEBSITE 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 ENTRANT 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 ELEMENT OF 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) ENTRANT’S 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 ALL ENTRANTS.
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, see www.bassmaster.com/toyotatundragiveaway or send a self-addressed, stamped envelope by 9/25/18, to: The Bassmaster Toyota Tundra Ultimate Truck Giveaway Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after 9/25/18), send a stamped, self-addressed envelope (no later than 10/25/18), to: The Bassmaster Toyota Tundra Ultimate Truck Giveaway Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
Void in Puerto Rico, outside the U.S. and wherever else prohibited. TMS brand and logos as well as TMS model names are trademarks of Toyota Motor Sales, U.S.A., Inc. TMS is not a sponsor of this Sweepstakes.