DRP SWEEPSTAKES RULES
Dolphinfish Research Program Tagging Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANGES OF WINNING. SWEEPSTAKES IS SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VOID WHERE PROHIBITED BY LAW.
1. ENTRY PERIOD: The Dolphinfish Research Program Tagging Sweepstakes (“Sweepstakes”) begins at 9:00 a.m. Eastern Time (ET) on March 21, 2022 and continues until 11:59 p.m. ET on September 30, 2022 (the “Entry Period”).
2. ELIGIBILITY: This Sweepstakes is open to residents of the 50 U.S. or D.C who are at least 18 years of age or older (each an “Entrant). Employees of MONGO Offshore LLC (“Sponsor”), Sirius XM Radio Inc., The Dolphinfish Research Program or any of their respective subsidiaries, affiliates or advertising or promotion agencies or any other entity involved in the marketing or promotion of the Sweepstakes, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible.
3. HOW TO ENTER: To enter, Entrant may submit entries (each an “Entry”) by either of the following methods: (1) purchase a $25 Dolphinfish Research Program Tagging Kit (contains 3 tags) during checkout when registering for the MONGO Offshore Tournament (available for through 8/1/22) and receive one (1) entry for each mahi tagged and registered (up to a maximum of 3) with the Dolphinfish Research Program by September 30, 2022; or (2) On a postcard or a 3x5 card legibly print your first and last name, complete postal address, phone number and email address and mail it in an envelope with proper postage to: Dolphinfish Research Program PO BOX 3506 Newport, RI, 02840 to receive one (1) entry for each mail-in entry received up to a maximum of three (3). All write-in entries must be postmarked by September 30, 2022 and received by October 7, 2022. Each mail-in entry must be sent separately. Limit three (3) Entries per Entrant during the Entry Period regardless of the method of entry. All Entries are subject to verification and are the property of Sponsor. No team entries permitted. In the event of a dispute as to whom submitted the Entry for any tagged mahi Entry, the Entry will be deemed submitted by the individual who registered the tag with the Dolphinfish Research Program. By submitting an Entry in the Sweepstakes, Entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all matters pertaining to the Sweepstakes.
4. PRIZES/ODDS: Prizes: One (1) Grand Prize winner will receive the following prize package: Two Thousand Dollars ($2,000) payable by check from MONGO; a Five Hundred Dollar ($500) credit to be applied to the winner’s 2023 entry into MONGO “Mahi” category tournament; One (1) SiriusXM Weather Receiver selected by winner from options made available by SiriusXM (Approximate Retail Value (“ARV”) $449.00 - $849.00) and Six (6) Months of SiriusXM Marine Fish Mapping Service which includes activation (ARV $624.94) courtesy of SiriusXM Marine. Total ARV of all prizes $3,973.94. ODDS: Odds of winning depend on the number of eligible entries received during the Entry Period. Taxes, if any, are the sole responsibility of winner. An IRS Form 1099-MISC will be issued as required by law. No substitution, cash redemption or transfer of the right to receive a prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official Rules. If winner does not enter the 2023 tournament the $500 entry fee credit will be forfeited. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, without limitation, streaming or mobile device, Internet connection and/or data costs) are the responsibility of the winner. Prizes are awarded “as is” and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded.
5. WINNER SELECTION: Winner will be selected in a random drawing, from among all eligible entries, on or about October 14, 2022. The drawing will be conducted by Sponsor whose decisions are final and binding. Sponsor will attempt to notify the potential winner on or about October 17, 2022 at the phone number and/or email address provided on the Entry. Sponsor is not responsible for any change of address by entrants. Winner is subject to verification for eligibility and compliance with the Official Rules prior to prize award. Winner will be required complete and return an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the winner’s eligibility and confirmation of the releases, and grant of rights set forth in these Official Rules (“Verification Documents”). If requested, winner must respond to Sponsor’s initial notification attempt within the time frame indicated in the notification and must complete and return to Sponsor any required Verification Documents within 3 business days after the Verification Documents are provided to the winner. If winner fails to respond to any notification attempt within the time period indicated in the notification above or if any attempted notification is returned as undeliverable, or if any winner fails to complete and return any required Verification Documents, or if any winner does not meet the eligibility requirements or does not otherwise comply with these Official Rules, the winner may be disqualified and an alternate winner may be selected, at Sponsor’s sole discretion from among the remaining eligible entries, if time permits. Winner is a potential winner until verified and prize awarded. Prize will be awarded only to the individual name on the Entry.
6. GRANT OF RIGHTS: By accepting a prize, winner irrevocably grants to Sponsor, Sirius XM Radio Inc, The Dolphinfish Research Program and their respective subsidiaries and affiliates, agents and licensees, successors and assigns (collectively, the “Licensees”) the right to use, display, publish, perform, and broadcast the winner’s name, likeness, voice, biographical information and statements attributed to the winner (“Publicity Rights”), in perpetuity, throughout the world, in all media and formats whether now or later known or developed (including without limitation via Sponsor’s and third-party websites, audio streaming service, and social media and digital channels), for commercial purposes and any other purposes (including, without limitation, advertising and promotion), without further notice or compensation, unless prohibited by law.
7. RELEASE AND LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, each Entrant (and if a prize is accepted, winner) releases and agrees to hold harmless each of the Licensees and all other companies involved in the development, operation or marketing of the Sweepstakes or exercise of the rights in herein, the provision of any prize or any component of any prize, and the successors and assigns of each of the foregoing, and the directors, officers, without limitation (the “Released Parties”) from and against any and all claims, causes of action and liabilities of any kind that the Entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of or inability to use website, the acceptance, receipt, participation in or use of any prize or any component thereof and/or any use of the Entrant’s Publicity Rights pursuant to these Official Rules, including without limitation any and all claims, causes of action and liabilities (a) relating to any personal injury, death or property damage or loss sustained by any Entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, copyright infringement, misappropriation, defamation or violation of any other personal or proprietary right or (c) or based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each Entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each Entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of any Sweepstakes-related website, or the provision, acceptance or use of any prize or prize component. The Released Parties are not responsible for, and will have not have any liability in connection with, (v) any typographical, printing, production, distribution or other error in the administration of the Sweepstakes or in the announcement of prizes or winners, (w) late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of Entries, entry information, or any other human, mechanical or technical error of any kind relating to the operation of the website, communications or attempted communications with any Entrant, the submission, collection, storage or processing of entries or the administration of the Sweepstakes, (x) any “act of god” or other force majeure event outside of Sponsor’s control that may cause any postponement or cancellation of any prize-related activity or interfere with, delay or prevent the provision of any prize, (y) undeliverable e-mails resulting from any form of active or passive e-mail filtering by an Entrant’s Internet service provider and/or e-mail client or for insufficient space in Entrant's e-mail account to receive e-mail or (z) any damage to any computer system resulting from participation in or accessing or downloading information in connection with the Sweepstakes. This Sweepstakes may be cancelled in the event the COVID-19 virus or resulting challenges make it impossible to continue to administer the Sweepstakes. Sirius XM Radio Inc. and the Dolphinfish Research Program are not sponsors of this Sweepstakes and will have no liability or responsibility for any claims arising in connection with participation in this Sweepstakes.
8. FORCE MAJEURE: Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time, including without limitation if a virus, bug, technical problem, Entrant fraud or misconduct or other cause beyond the control of Sponsor corrupts or impacts in any way the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, pandemic, virus, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the use of the website or the application or interpretation of such terms. In the event of termination or suspension of the Sweepstakes, Sponsor reserves the right to award or not award any prize in its sole discretion.
9. GENERAL RULES: Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Sweepstakes website or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other Entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any Entrant that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an Entry, the entry will be deemed to have been submitted by the registered user of the e-mail account provided in connection with the Entry. All federal, state and local laws and regulations apply. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
10. DISPUTES: By entering the Sweepstakes, each Entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of any prize or prize component will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys’ fees; (c) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and (d) each Entrant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes will be an action at law for the recovery of actual sustained monetary damages only, and in no event will the Entrant have the right to enjoin or otherwise interfere with the exercise by the Licensees of any of the rights granted in these Official Rules or terminate or rescind any of the rights granted in these Official Rules. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the Entrants and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Florida. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in Escambia County in the State of Florida, waiving any right to trial by jury, and each Entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
11. WINNER NAME: For of the name of Winner, send a stamped, self-addressed envelope and a note identifying the name of this Sweepstakes by November 1, 2022 to the Sponsor at the address set forth below, Attention: Dolphinfish Research Program Tagging Sweepstakes.
12. SPONSOR: MONGO OFFSHORE LLC, 6901 A North 9th Avenue #550, Pensacola, Fl 32504