Simms Giveaway Terms & Conditions
Winner will be chosen no later than March 3rd, 2023. No purchase is necessary to enter or win. A purchase will not increase your chances of winning. All federal, state, local and municipal laws and regulations apply. Void where prohibited.
Simms giveaways are intended for legal residents of the 50 United States of America and District of Columbia (collectively “USA”) only who are 18 years or older at the time of entry and shall only be construed and evaluated according to the laws of the state of Montana. Only one entry permitted per person. Entrants must have a valid government-issued driver’s license or proof of identification. Failure to comply with these requirements will result in the forfeiture of the prize. This offer is void where prohibited by law and subject to all.
Employees of Simms Fishing Products and/or any affiliates of any company are not eligible to win or participate. Any person in the immediate family of an employee of Simms Fishing Products (including the spouse, children, parents, brothers and sisters of any employee) living in the same household of any such employee is also not eligible to win or participate.
By participating in the sweepstakes, entrants agree to abide by and be bound by these official rules and Simms Fishing Products’ decisions, which are final and binding in all matters relating to the giveaway. Winning the prize is contingent upon fulfilling all requirements set forth herein.
Simms Fishing Products cannot be responsible for lost, late, misdirected, or incomplete entries. The winner will be notified by direct message. The prize is nontransferable and no substitutions, including cash substitutions, will be allowed. Simms Fishing Products also reserves the right to amend prize details and particulars or disqualify an entry without notice. Winners will be determined by the rules set and conducted by Simms Fishing Products and the decision shall be final. Odds of winning are dependent on the first person to guess our same count of silver salmon. If due to a printing, production or other error, more prizes are claimed than are intended to be awarded, the intended prizes will be awarded in a random drawing from among all verified and validated prize claims received. In no event will more than the stated number of prizes be awarded.
Return of any prize or prize notification as undeliverable will result in disqualification and an alternate winner will be selected within 24 hours. By accepting the prize, the winners agree to the use of their name and/or likeness for purposes of advertising, trade, or sweepstakes without further compensation, unless prohibited by law. Void where prohibited by law.
If for any reason the operation or administration of this sweepstakes is impaired or incapable of running as planned for any reason, including, but not limited to,(a) infection by a computer virus or bugs, (b) tampering or unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of Simms Fishing Products that corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, Simms Fishing Products reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the sweepstakes in whole or in part, at any time, without notice and/or award of the prize using all non-subject eligible entries received as of, or after (if application) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these official rules. Simms Fishing Products reserves the right, in its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the sweepstakes; or (b) acting in violation of these official rules or in an unsportsmanlike or disruptive manner. CAUTION: Any attempt to deliberately damage or undermine the legitimate operation of this sweepstakes is a violation of criminal and civil laws and should such an attempt be made, Simms Fishing Products reserves the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. Failure by Simms Fishing Products to enforce any provision of these official rules shall not constitute a waiver of that provision.
If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if a potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential winner is not incompliance with these Official Rules, then such person shall be disqualified and an alternate winner may be selected for the prize at issue. All taxes, if applicable, are the sole responsibility of the winner. All prize details not specified in these Official Rules will be determined in Simms Fishing Products’ sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the winners. Simms Fishing Products will not replace any lost, mutilated or stolen prize. Simms Fishing Products is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except in Simms Fishing Products’ sole discretion. Simms Fishing Products reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability.
By participating in this sweepstakes, entrants agree to release, hold harmless and indemnify Simms Fishing Products, its officers, directors, agents, employees and affiliates (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the sweepstakes or receipt or use of any prize, including but not limited to: (a) any technical errors that may prevent and entrant from submitting an entry; (b) unauthorized human intervention in the sweepstakes; (c) printing errors; (d) errors in the administration of this sweepstakes or the processing of entries; (e) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the sweepstakes or receipt of any prize; or (f) claims or actions based on publicity rights, defamation and/or invasion of privacy. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the sweepstakes, and in no event shall the Released parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct or indirect damages. Winners agree that the prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the prize, including without limitation, its quality, merchantability or fitness for a particular purpose.
RESOLUTIONOF DISPUTES/GOVERNING LAW:
Except where prohibited by law, by entering this sweepstakes, entrants and winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this sweepstakes or any prize awarded shall be resolve individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Montana, or the appropriate Montana State Court located in Gallatin County, Montana; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this sweepstakes, not to exceed two hundred fifty dollars ($250), but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out of pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Winner agrees that the prize is provided as-is without any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use or enjoyment of the prize, including without limitation, its quality, merchantability or fitness for a particular purpose. Except where prohibited, as a condition of participating in this sweepstakes, each entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this sweepstakes, the prize awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Simms Fishing Products in connection with this sweepstakes, and any dispute arising under or related thereto (whether for breach of contract, tortuous conduct or otherwise) will be governed by the laws of the State of Montana, without giving effect to any choice of law or conflict of law rules (whether of the State of Montana or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Montana.