TERMS & CONDITIONS
PARTICIPATION IN THE BLACK MOUNTAIN HUNTING CLUB SWEEPSTAKES (“SWEEPSTAKES”) CONSTITUTES YOUR AGREEMENT TO AND ACCEPTANCE OF THE OFFICIAL RULES (“RULES” or “OFFICIAL RULES”) BELOW AS WELL AS ALL DECISIONS OF THE SPONSOR, WHICH ARE FINAL AND BINDING. WINNING IS CONTINGENT UPON BEING AND STAYING COMPLIANT WITH THESE RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA, OTHER THAN THOSE IN NEW YORK OR FLORIDA, AND LEGAL RESIDENTS OF CANADA, EXCLUDING QUEBEC, TWENTY-ONE AND OVER. VOID WHERE PROHIBITED.
1. SPONSORS:
The Sweepstakes are administered and sponsored by Black Mountain Outfitters, Inc., 28150 N Alma School Parkway, Suite 103 #442, Scottsdale, AZ 85262 (the “Sponsor”). Sponsor is responsible for the collection, submission and processing of entries and the overall administration and execution of the Sweepstakes.
2. NO PURCHASE NECESSARY:
There is no purchase necessary to enter or win. A purchase or payment will not increase your chances of winning.
3. WHO CAN ENTER:
The Sweepstake is open to legal residents of the United States and the District of Columbia, other than New York and Florida, and legal residents of Canada, excluding Quebec, twenty-one (21) years of age or older at the time of entry. Entrants do not need to be members of the Black Mountain Hunting Club (the “Hunting Club”) in order to participate. Void where prohibited.
Employees, agents, agent staff, officers, and directors (and their immediate family members) of Black Mountain Outfitters, Inc., including its affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, contractors, printers, web design, and advertising and promotion agencies, and any and all other companies or individuals associated with the administration, development, fulfillment and execution of this Sweepstakes (collectively, “Promotion Parties”) are not eligible to participate. The term “immediate family member” includes spouses, grandparents, parents, siblings, children, and grandchildren and “step” of each. In addition, those living in the same households (those persons whether related or not who live in the same residence for at least three (3) months during the twelve month period preceding the start date of the Sweepstakes) are not eligible to participate in this Sweepstakes.
4. SWEEPSTAKES PERIOD
The Sweepstakes begins at 8:00:00 AM Mountain Standard Time MST on September 30th, 2022 and ends at 11:59:59 PM MST on July 31st, 2023 (“Entry Period”).
The Sponsor’s computer is the official time-keeping device for this Sweepstakes.
5. HOW TO ENTER:
There are two (2) methods of entry, no other method of entry will apply:
(1) Online Membership Purchase Method: Entrants may enter the Sweepstakes by [having a valid hunter education number (or Canadian equivalent], visiting members.bmohunts.com (the “Site”), and purchasing entries within the Entry Period. Entries are not valid until payment has been cleared by Sponsor.
(2) Free Alternative Method of Entry: Entrants may also enter the Sweepstakes through the free mail-in option as follows: On a plain 3″ x 5″ or 4″ x 6″ index card (“Index Card”), legibly handprint (in blue ink) your first name, last name, the applicable prize type, date of birth, complete address, city, state, zip code, home phone number (including area code), email address (if any), and hunter education number (or the Canadian equivalent) and mail your completed Index Card, First Class postage prepaid, to:
Black Mountain Outfitters, Inc.
Attn: Promotional Giveaway Dept.
28150 N Alma School Parkway
Suite 103 #442,
Scottsdale, AZ 85262
Limit of one (1) entry into the Sweepstakes per Index Card, per envelope. Mail-in entries must be postmarked during the Entry Period (and in any event must be received by Sponsor prior to any prize drawings) in order to be eligible. The Sponsor’s computer is the official time keeping device for this Sweepstakes.
6. ENTRY LIMITATIONS:
Each valid entry will entitle the entrant a chance to win a selected prize. Any one single individual may have at most two hundred (200) entries regardless of method of entry chosen. Any attempt to obtain more than these allowed entries may lead to disqualification (as determined by Sponsors in their sole discretion). If there is a dispute as to who submitted an entry, the Sponsor will make this determination at their sole discretion. Any entry in excess of 200 entries during the sweepstakes period will be declared void. Sponsor is not responsible for any technical or human malfunctions of any kind in processing credit cards, nor is Sponsor responsible for any lost, incomplete, illegible, late, mutilated, or misdirected entries.
7. SWEEPSTAKES TERMS OF SUBMISSION:
By entering the Sweepstakes, you acknowledge your compliance with these Official Rules, and you agree to be bound by the decisions of Sponsor, which shall be final and binding in all matters relating to this Sweepstakes. Entrants who have not complied with these Official Rules are subject to disqualification and their entries will be void.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If, for reasons beyond the control of Sponsor (including, but not limited to, tampering or computer virus infection), the Sweepstakes is not capable of being executed as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Sweepstakes, without liability.
Sponsor further reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation or security of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner and void all associated entries, and to cancel the Sweepstakes. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All interpretations of these Official Rules and decisions by the Sponsor are final.
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
8. PRIZES:
There will be one winner and the winner will have the option of choosing one prize from two prize options.
The available prize options are:
(1) World Class New Mexico Bull Hunt (approximate retail value is $25,000 for the hunt) for the
2023/2024 hunting season; or
(2) World Class Mule Deer Hunt (approximate retail value is $25,000 for the hunt) for the 2023/2024
hunting season.
For avoidance of doubt, the winner may only win either (1) or (2).
Included with the prize are a hunting guide to accompany and advise the winner for the duration of the prize hunt), meals and lodging necessary for the applicable hunt, both to be selected by Sponsor at its sole discretion. Winner, and any allowed 1 guest, are responsible for transportation to and from each hunting site. Winner and any allowed guests are also responsible for any license fees, gratuities, or other expenses not specified herein. Winner is solely responsible for all required medical and travel related expenses, necessities, and documentation. All expenses or requirements not stated herein as part of the available prizes are the winner’s sole responsibility.
Upon winner’s acceptance of a prize, Sponsor shall communicate with winner instructions on how to redeem the applicable prize. Winner’s receipt of the prize is contingent upon complete compliance with these Rules.
For more information on each available prize, including eligible hunt dates, history, and additional fees or restrictions, visit members.bmohunts.com
9. WINNER SELECTION, NOTIFICATION, AND PRIZE RESTRICTIONS:
The potential winner for the prize will be selected from among the eligible entries received within the Entry Period. The prize drawing will be held on or about August 4th, 2023 at 6:00 pm MST.
For more information on winner selection and announcement, please visit the Sweepstakes website. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Winner’s receipt and continued possession of the prize is contingent upon complete compliance with these Rules.
(1) Assignability: The winner cannot assign or transfer the prize to any other person or entity. Any expenses not stated herein (including, but not limited to, federal, state and local taxes or any other applicable fees or costs not expressly identified above that are related to participation in the Sweepstakes and the acceptance and/or use the prizes) are the sole responsibility of the applicable recipient.
(2) Firearm Eligibility: A potential winner must fill out all appropriate paperwork prior to receiving or using a firearm (as appropriate for the applicable prize). The potential winner must further execute any required safety and liability agreements required of Sponsor (or the applicable outfitter) and otherwise fulfill any other outfitting requirements before participating in a hunt. Failure to properly execute such documentation may result in the potential winner forfeiting the prize in Sponsor’s sole discretion.
(3) Notification: The potential winner will be notified by email or phone within fourteen (14) days of the prize drawing, and must respond to the notification by telephone or email within seven (7) days of Sponsor’s issuance of notification. Failure to respond completely and within the designated timeframe may result in disqualification and, an alternate winner may be selected from among all remaining applicable eligible entries received for the applicable prize if time permits and in Sponsor’s sole discretion.
(4) Residents of Canada: Before being declared a winner, a potential winner who is a resident of Canada must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be completed at a mutually convenient time by telephone. If a selected entrant cannot be reached within fourteen (14) days of the drawing date or fails to answer the skill-testing question correctly, he or she will be disqualified and, an alternate winner may be selected from among all remaining applicable eligible entries received for the applicable prize if time permits in Sponsor’s sole discretion.
(5) Prize Acceptance: If the potential winner is unwilling or unable to accept the prize or its requirements for any reason, potential winner shall be disqualified and all privileges otherwise due shall be terminated and an alternative winner may be chosen from among all of the remaining eligible entries received for the applicable prize if time permits in Sponsor’s sole discretion.
(6) Winner Verification & Acceptance: Winner may be required to prove eligibility, including, without limitation, proof of age and residence, within seven (7) days of being notified as a potential winner. Winner may also be required to furnish proof of eligibility to have a hunting license. In the event of non-compliance by a potential winner, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules or if his/her prize or prize notification is returned as undeliverable, such potential winner shall be disqualified and all privileges otherwise due as a winner shall be terminated and an alternative potential winner may be chosen from among all of the remaining eligible entries received for the applicable prize if time permits in Sponsor’s sole discretion. Sponsor is not responsible for any change in Entrant’s mailing address, email address and/or phone number. The potential winner must sign within seven (7) days of receipt of such documents from Sponsor: (a) a declaration of eligibility and release of the Promotion Parties and their respective officers, directors, employees, agents, members, affiliated companies and subsidiaries, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of any prize or any portion thereof to be eligible for a prize; and (b) except where prohibited by law, a promotional release granting the Promotion Parties the right to use their name and likeness for advertising and publicity purposes without additional compensation. Entry into this Sweepstakes constitutes agreement to sign such releases. The potential winner also must acknowledge that Promotion Parties has not and will not obtain or provide insurance of any kind relating to the prizes and that each potential winner will be responsible for obtaining and paying for any property or other form of insurance relating to the prizes. The potential winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the prizes and return them as instructed within the timeframe specified by the Sponsor or the potential winner may forfeit prizes at the Sponsor’s sole discretion. All decisions of the Sponsor relating to the Sweepstakes are final. The Sponsor expressly reserves the right to delay the announcement of the winner for creative or technical reasons or for any other reason the Sponsor deem necessary.
(7) General Conditions: Sponsor reserves the right to amend the Official Rules at any time in their sole discretion due to amendment and/or adoption of new or existing laws and/or regulations regarding the administration, operation or for any other reason in the sound discretion of the Sponsor. Please check the Official Rules posted on the Site, members.bmohunts.com for any changes/modifications. All costs and expenses not specifically listed herein, including but not limited to winner’s travel costs to and from each hunting site, are solely the winner’s responsibility. Winner is solely responsible to report and pay any applicable taxes on their prize. A winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the winner for the actual fair market value of the prize received. Unclaimed prizes may be awarded in Sponsor’s sole discretion. To the extent the award of any prize is prohibited by law in the applicable jurisdiction, Sponsor may award an alternate prize of Sponsor’s choice of equal value to the potential winner of such prize.
10. DISCLAIMERS AND RELEASES:
Entrants agree that neither the Sponsor nor Promotion Parties (a) shall be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or any Sweepstakes-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of the prize(s), and (b) have made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize’s quality or fitness for a particular purpose.
No liability or responsibility is assumed by Sponsor or Promotion Parties resulting from any user’s participation in or attempt to participate in the Sweepstakes or ability or inability to upload or download any information in connection with participating in the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Promotion Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions or entries; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes. Sponsor and Promotion Parties are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the website hosting the Official Rules. Use of the Sweepstakes website is at user’s own risk. Sponsor and Promotion Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Sweepstakes, use of the website or the download of any information from the website.
By participating in the Sweepstakes, Entrants agrees to release and hold Sponsor and Promotion Parties harmless from any and all claims, losses, damages or liabilities arising from or relating to such Entrant’s participation in the Sweepstakes.
11. PUBLICITY:
Except where prohibited, participation in the Sweepstakes and acceptance of prize constitutes winner’s permission for Sponsor and Promotion Parties the right and license to use his/her name, address (city and state only), likeness, photograph, picture, portrait, voice, biographical information, and/or any statements made by the winner regarding the Sweepstakes or Promotion Parties throughout the world, in perpetuity, in any and all media, for advertising or promotional purposes, without notice or additional compensation.
12. LIMITATION OF LIABILITY, DISPUTES, AND GOVERNING
LAW EXCEPT WHERE PROHIBITED, AS A CONDITION OF ENTERING, ENTRANT AGREES 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 RESOLVED INDIVIDUALLY IN SCOTTSDALE, ARIZONA (WITHOUT RESORT TO ANY FORM OF CLASS ACTION); (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, BUT IN NO EVENT ATTORNEYS’ FEES OR COURT COSTS; 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.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Arizona without giving effect to any choice of law or conflict of law rules (whether of the State of Arizona or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Arizona.
13. PRIVACY POLICY:
All information submitted by entrants in connection with this Sweepstakes is subject to Sponsor’s Privacy Policy, which can be found at https://members.bmohunts.com/privacy-policy/ All personal information submitted by you as part of the Sweepstakes will be treated in accordance with this Privacy Policy, except as otherwise set forth in these Official Rules or related Sweepstakes materials.
14. WINNERS’ LIST/RULES REQUEST:
For Official Rules, please visit https://members.bmohunts.com/ or send an email to zach@bmohunts.com. If you have any questions about Hunting Club memberships, the Sweepstakes, winner names, or Official Rules, please send an email to: zach@bmohunts.com
