2020 Yamaha Power Pay Contest Official Rules
VOID OUTSIDE OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA OR WHERE OTHERWISE PROHIBITED BY LAW.
These Official Rules set forth the terms and conditions applicable for any participant seeking to participate in the Yamaha Power Pay Contingency Program (the “Program”) offered by Yamaha Motor Corporation, U.S.A. (“Yamaha/Sponsor”) and produced in conjunction with Dynamic Sponsorships, LLC (“Dynamic”).
1. Eligibility. This Yamaha Power Pay Program (the "Program") begins on October 21, 2019 and ends on the last day to register for the final sanctioned event noted in Section 3 below, and is open to legal U.S. residents of the 50 United States or District of Columbia, who are 18 years of age or older, have a valid photo identification and: (i) is the original owner of a new Yamaha outboard; and (ii) purchased from an authorized Yamaha dealer; and (iii) with a HP requirement of 115-425; and (iv) purchased within sixty (60) months of the date of the Yamaha Power Pay Registration Form (points (i)-(iv) collectively the “Eligible Outboard Motor” and each eligible participant is an “Angler”). In addition, the following items are required for eligibility while at Supported Events: (i) Official Angler (“Captain”) and Co-Angler (if applicable) must wear a Yamaha hat or have a Yamaha logo clearly visible on jersey during all competition days of Supported Events and weigh-in days of Supported Events; and (ii) no competitive outboard manufacturer logos to be displayed on apparel, boat or equipment of Captain or any other team Anglers during the Supported Events, including but not limited to weigh-in activities. Employees of Sponsor, Dynamic, their respective agents, affiliates or subsidiaries, as well as immediate family and household members (whether or not related), and members of the Yamaha-supported Bassmaster Elite Series Angling Pro Team, and Yamaha M.L.F. Series Angling Pro Team, and tournament anglers under a Yamaha supported contract, are ineligible to participate. Angler name and warranty registration name on their Eligible Outboard Motor must be the same. Angler must also use Eligible Outboard Motor as Angler’s primary outboard motor while participating in a Program Supported Event in order to be eligible for Program payouts. Angler has read and agrees to uphold, and comply with these Program Official Rules and the Yamaha Fishing Code of Ethics, attached and incorporated herein.
Important Note: Student athletes who currently play or intend to play competitive amateur sports in the future should check any applicable eligibility rules before participating in this Program or accepting a prize as participation in this Program and the acceptance of a prize may jeopardize their eligibility to participate and play in such competitive amateur sports. Released Entities (as defined below) are not liable for any loss of student or amateur sports eligibility related to or arising, in whole or in part, directly or indirectly, from participation in the Program or the acceptance of any prize.
2. How to Enter. To enroll in the Program, Angler must complete and submit a Program official registration form as directed by Sponsor and submit said form by, email, online registration, prior to participating in any of the Supported Events. Registration forms can be downloaded for email submission at email@example.com (“Yamaha Power Pay Registration Form”). Angler will be notified via email once their registration has been approved by Sponsor. Email submissions may be sent to firstname.lastname@example.org. Official registration forms must be received no later than seventy-two (72) hours prior to start of the Supported Event in which the Angler is entering. All entries are the property of Sponsor and will not be returned. Sponsor is not responsible for submissions registrations, or entries, claims or notices that are lost, late, illegible, misdirected, damaged, incomplete or postage due. There is no registration fee associated with submission of the official registration form, though entry fees may apply separately through the facilitator/organizer of the Supported Events. An Angler must enter at least one (1) of the Supported Events noted in Section 3 below. Angler must use his/her Eligible Outboard Motor required in Section 1 above as his/her primary outboard motor while participating in said Yamaha Power Pay Program Supported Event. After registering, if an Angler purchases a new eligible Yamaha outboard motor, and / or moves and their information has changed, they must re-register for the Program with their new information. It is the Angler’s responsibility to keep their information current, and up to date, in order to remain eligible for Program payouts.
3. Supported Events. An Angler must enter at least one (1) of the listed events as contained on www.yamahapowerpay.com (defined in these Official Rules as "Supported Events") in order to be eligible to win any prize as outlined on www.yamahapowerpay.com.
Supported Events are subject to change. Most up to date dates and details of Supported Events may be found at www.yamahapowerpay.com. All decisions of Yamaha are final, and within Yamaha's sole discretion, in any matter regarding the Program. Yamaha reserves the right to change or cancel this Program at any time, for any reason.
Sponsor is not responsible for the promotion or organization of, nor the rules governing, the Supported Events, which in each case are the responsibility of the organizers of said Supported Events. Information about the Supported Events set forth in the above-mentioned website have been obtained by Sponsor from the organizers of the supported events and is deemed reliable by Sponsor, but such information is subject to change, and, in any case, Sponsor is not responsible for the accuracy of such information. Anglers are encouraged to contact the organizers of the Supported Events directly to obtain the most accurate and up to date information about the Supported Events.
4. Winner Determination. If an eligible Angler competes in a Supported Event and is deemed by Sponsor to be either the highest placing (or for some Supported Events, the second highest placing; see www.yamahapowerpay.com for details) angler in said Supported Event in accordance with the official rules of the Supported Event, and the Angler has complied with these Official Rules, then the Angler will be the potential winner of the corresponding prize amount listed on www.yamahapowerpay.com, provided that said Angler also placed within the top thirty-three percent (33%) of the entire field of participants and entire field has no less than forty (40) total boats in the Supported Event (which field may include participants who are not eligible Anglers). If the Supported Event is a team Supported Event (i.e., two anglers compete as a team within the same boat), only the boater (and not the non-boater) in the winning boat will be eligible to receive the corresponding prize amount provided that said boater is an eligible Angler under these Official Rules. If the Supported Event is a pro-am supported event (i.e., two anglers compete as individuals within the same boat), the boater and co-angler will be eligible to receive the corresponding prize amount provided that said boater and non-boater is an eligible Angler under these Official Rules. In the event that more than one (1) eligible Angler ties for any finishing place in a Supported Event that would entitle all such eligible Anglers to receive a prize award pursuant to www.yamahapowerpay.com, then all such eligible Anglers will be deemed winners and will share the available prize amount, which will be divided among them equally, such that individual winners will receive less than the total amount of the prize available had there not been multiple winners. A potential winner, if any, shall be responsible for obtaining and completing a prize claim form. Prize claim forms will be available on the Program website (www.yamahapowerpay.com), or upon request by email, mail or fax. The prize claim form must be completed and submitted by said potential winner along with verification of the Eligible Outboard Motor (copy of current Yamaha outboard motor warranty registration) as required by these Official Rules, verification of his/her winning finish in the Supported Event, and verification of compliance with all other of these Official Rules, via regular mail, electronic mail, or fax transmission in the manner described in Section 2 above, within thirty (30) days of the Supported Event at which the win occurred. Sponsor is not responsible for prize claim forms or supporting materials that are lost, late, illegible, misdirected, damaged, incomplete or postage due. Winners, if any, should allow a minimum of at least eight (8) weeks for approval, processing and shipment via U.S. mail of prize amount from the date of receipt of the claim form and all supporting materials described herein.
5. Prizes. The prize amounts will be available at each Supported Event as listed on www.yamahapowerpay.com. Only one (1) prize amount per listed place finish is available at each Supported Event, and tied winners must share prizes as further described in Section 4 above. For the total number of Supported Events per support event type, see Section 3 above. If there is no winner under these Official Rules for a particular Supported Event, no prize will be awarded under this Program for that Supported Event.
6. General. The Program shall be staged in compliance with, and is subject to, all federal, state and local laws. Failure of winner to comply with any of the prize claim form requirements for any reason, or, the return of any prize notification or prize as undeliverable, or, the determination that the winner is ineligible to receive a prize, will result in forfeiture of the prize. Prizes are not transferable. Unclaimed prizes will not be awarded. Winners are responsible for any and all federal, state and local taxes. Any and all obligations associated with any prize shall be the sole responsibility of the winner of the prize. Winner agrees to provide his/her social security number, and Sponsor will provide each winner a federal form 1099 for each prize valued at $600 or more. Except where prohibited, acceptance of a prize by a winner constitutes winner's consent that his/her name, hometown, photograph, likeness, voice and/or biographical data may be used for advertising and promotional purposes without limitation and without additional notice, compensation or consent, by Yamaha, Dynamic their affiliated companies, subsidiaries, agents and assigns. By entering the Program, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects, and waives any right to claim ambiguity with regard to the mechanics of the Program or the interpretation of the Official Rules. Sponsor shall have the absolute right to accept as final the determinations of winners and placement of Anglers in Supported Events as announced by the organizers of the Supported Events, to accept the interpretation of the rules for such Supported Events as decided by the organizers of the Supported Events, and to award or not award prizes in the Program accordingly, and Anglers waive any right to compel Sponsor to challenge such determination or interpretation or to hold Sponsor responsible for such determinations or interpretations. If winner is found to be in violation of any of these Official Rules, he/she will be required to forfeit his/her prize, or, at Sponsor's discretion, to reimburse Sponsor for the value of the prize if such violation is found after the prize has been used. Prizes must be accepted as awarded and no substitutions are allowed. Note: Potential winners must sign an affidavit of eligibility and a waiver of liability in order to be eligible for prize receipt. In the case of a potential winner who is a minor in his/her jurisdiction of residence, such affidavit and any other required documentation must be signed on his/her behalf by his/her parent or legal guardian. By accepting a prize, winner agrees to indemnify, hold harmless and release Sponsor, Dynamic its directors, employees, officers, and agents, including without limitation its advertising and promotion agencies (collectively, the "Released Entities"), from any and all liability, property loss, damage, personal injury or death arising out of or in connection with the awarding, receipt, use or misuse of the prize or participation in any prize-related activities. The Released Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any person's participation in the Program or any Supported Event. By participating in the Program, Anglers agree to indemnify, hold harmless and release the Released Entities from any and all liability, property loss, damage, personal injury or death arising out of or in connection with their participation in the Program and/or Supported Event. It is at the Sponsor's discretion to cancel the Program at any time, without further notice, and Sponsor / Released Entities will not be responsible for paying out contingency payouts for Program beyond thirty (30)-days after canceling the Program. By registering for the Program, Anglers agree to indemnify, hold harmless and release Sponsor, Dynamic its directors, employees, officers, and agents, including without limitation its advertising and promotion agencies (collectively, the "Released Entities"), from any and all liability, property loss, damage, personal injury or death arising out of or in connection with the awarding, receipt, use or misuse of the prize or participation in any prize-related activities. In addition, by participating in the Program, Anglers agree to allow the Sponsor and Dynamic to use his / her name and likeness for any and all promotional purposes without further permission or compensation.
7. Governing Law and Venue. The terms and conditions of these Official Rules, as well as the conduct of this Program, shall be governed by and construed under the laws of the State of Georgia. As a condition of entering this Program, entrant agrees that: (1) under no circumstances will entrant be permitted to obtain awards for any losses or damages, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims and causes of action arising out of or connected with this Program , or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration, the site of said arbitration being Georgia and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys' fees.
8. Winner's List. Complete lists of Program winners will be available. Requests must be received no later than thirty (30) days after Supported Event.
9. Producer and Sponsor. The Program is being produced by Dynamic Sponsorship L.L.C. located at 4860 South Lewis Avenue, Suite 100, Tulsa, Oklahoma, 74105, and is sponsored by Yamaha Motor Corporation, U.S.A., Marine Group Inc., located at 1270 Chastain Road, Kennesaw, GA 30144.