OFFICIAL RULES:
ELIGIBILITY:
The Sweepstakes (hereafter referred to as the “Giveaway”) is open to anyone who resides in the US; is at least 18 years of age; has Internet access; and has an email account. Employees of Dark Skies Fly Fishing and/or Mountain Laurel Guide Service are not eligible to enter or win, nor are members of their immediate family (spouse, mother, father, sister, brother, ward, daughter or son), or persons living in the same household of such employees. Void where prohibited by law. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which are binding and final on all matters related to this Giveaway. The Giveaway is governed by Pennsylvania law and applicable U.S. federal law, without regard to any conflicts of laws principles. The Giveaway is also governed by the privacy policies of Dark Skies Fly Fishing, found on www.darkskiesflyfishing.com.
HOW TO ENTER:
Giveaway is open until 12:00 PM Eastern Standard Time on March 1, 2025, as stated on the Giveaway web site (the “Giveaway Period”). To enter, go to https://darkskiesflyfishing.com/giveaway (the “Giveaway Site”), and follow the instructions provided at the Giveaway Site to enter the Giveaway. All online entries must be received during the Giveaway Period as determined by Administrator. Entries are limited to one per email address. Entries can also be mailed to Dark Skies Fly Fishing, P.O. Box 554, Coudersport, PA 16915, and must be received by March 1, 2025 at 12:00 PM Eastern Standard Time. Mass entries or reproductions, or late, lost, stolen, illegible, misdirected, damaged, inaccurate, incomplete entries are void. Any attempt at entry except as stated above is void. All entries become the property of the Sponsors and will not be acknowledged or returned.
CONSENT & PERMISSION TO CONTACT ENTRANT
By submitting your email address and enter into the Giveaway, you grant Dark Skies Fly Fishing and Mountain Laurel Guide Service your consent and permission to be placed into a Mailing list and Agree to receive email Blasts, Newsletters or other electronic communications and allow Dark Skies Fly Fishing and Mountain Laurel Guide Service to use the email address you entered with to contact you. Entrant has the right to cancel or unsubscribe the email address they provided at any time by using the unsubscribe link at the bottom of any mailing or newsletter sent to the entrant. Permission is granted to Dark Skies Fly Fishing and Mountain Laurel Guide Service until it is revoked using the above links or via email to Dark Skies Fly Fishing at info@darkskiesflyfishing.com.
ADDITIONAL RULES
By entering the Giveaway, entrants agree to comply with these Official Rules including all eligibility requirements. Sponsors reserve the right to verify eligibility of all entrants. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and/or delivery status) are void. Sponsors, Administrator and their agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at the Giveaway Site does not constitute proof of delivery or receipt. Sponsors reserve the right to modify the scheduling of the Giveaway without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Giveaway is prohibited and may result in the disqualification of entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted. All entries become the sole property of the Sponsors and will not be acknowledged or returned.
WINNER SELECTION AND NOTIFICATION:
Winners (each, a “Potential Winner”) will be selected in a random drawing by Administrator or its designee, the judge of the Giveaway, whose decisions are final and binding on all matters relating to the Giveaway. Odds of winning depend on the number of eligible entries received during the Giveaway Period. The Potential Winners will be notified by email using the email address provided in the Giveaway entry (“Prize Notification”) and must respond by email within Fourteen (14) calendar days of the date of the Prize Notification (the “Deadline”), with Potential Winner’s full name. If any Potential Winner does not respond to the Prize Notification by the Deadline, such Potential Winner will be disqualified and the prize will be used in another Giveaway.
Sponsors and Administrator are not responsible for the failure for any reason whatsoever of a Potential Winner to receive their Prize Notification. Return of any Prize, the inability of Administrator to contact a Potential Winner, the failure of a Potential Winner to contact Administrator in a timely manner, the inability, for any reason, to notify the winner via the email address supplied, the inability of a Potential Winner to accept or receive the prize for any reason, and/or the non-acceptance by a Potential Winner of any prize for any reason will result in disqualification of such Potential Winner. A Potential Winner who receives a prize is known as a “Winner”.
ODDS OF WINNING:
The odds of winning the prize depend upon the number of eligible entries received
PRIZE:
The winner will receive their prize and/or items pictured and described on Facebook for the current Giveaway/giveaway and/or also posted on the website for that drawing. No other prize substitutions allowed. Prize is transferrable as long as written permission has been received from Dark Skies Fly Fishing and Mountain Laurel Guide Service. Dates for the prize trips with Winners will be set for a day agreeable for both the Winners and the Sponsors. Once the date is set for the prize trip to occur, it is the responsibility of the Winner to notify the Sponsor if they cannot, for whatever reason, make the date of the trip. A ”no show” on the part of the Winner will result in the prize trip being forfeited and the Sponsor is under no obligation to reschedule.
Total approximate retail value (“ARV”) of the prize is current market price as determined by the daily guiding rate established by Dark Skies Fly Fishing and Mountain Laurel Guide Service on their respective websites.
PRIZE CONDITIONS:
All prize values may be stated in United States dollars. If a stated prize is unavailable, Sponsors and Administrator have the right to substitute one or more items of equal or greater value, in their sole and absolute discretion. No prize is redeemable for cash. Winner is not entitled to any surplus between the actual retail value of his/her prize and it’s stated ARV. The Prizes are provided “AS IS.” Sponsors and Administrator do not make, and expressly disclaim, any warranty, whether express, implied, or statutory (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the prizes are at the Winner’s sole risk and Sponsors and Administrator are not responsible for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of any of the prizes. Sponsors and Administrator reserve the right to verify eligibility of all Winners. If any Winner is unable to participate in or accept a prize or any portion of a prize for any reason, Sponsors and Administrator shall have no further obligation to such Winner. Any and all activities related to each prize are at the Winner’s own risk and subject to whatever restrictions are imposed by the entities that govern such activities.
WINNING:
Winners will be selected by random from all eligible entries after 12:00 PM Eastern Standard Time on March 1, 2025. Winners need not be present to win. Official notice to winners will be sent by email. The prize must be claimed within Fourteen (14) days of notification. If the prize is not claimed, it may be offered in a subsequent Giveaway or a new winner may be selected. All taxes are sole responsibility of the winner. All federal, state and local laws and regulations apply. To accept the prize, winner must email verification to info@darkskiesflyfishing.com or write to Dark Skies Fly Fishing, P.O. Box 554, Coudersport, PA 16915.
PRIZE/TRIP REDEMPTION:
There are two prizes being awarded in this Giveaway: a fully guided float trip on the Clarion River with Mountain Laurel Guide Service and a fully guided wade trip on First Fork Sinnemahoning Creek with Dark Skies Fly Fishing. Two winners will be drawn from the entry pool. The first winner drawn has first choice of which trip they would like as their prize. The second winner will then automatically receive the trip that was not selected by the first winner. Trips must be redeemed within 6 months of the end of the Giveaway (redeemed by September 1, 2025) and occur on a day that is agreed upon by the winner and the sponsor of the respective trip. The Sponsor of each trip has the right to reschedule for any reason without penalty or liability.
TAXES AND COSTS RELATED TO THE PRIZES:
Winners will be solely responsible for complying with any and all applicable federal, state, provincial, local, or other statutes, regulations, and other laws and for bearing any personal income, VAT, withholding taxes, customs duties, or other taxes, fees, insurance, surcharges or other costs relating to any prize.
REPRESENTATIONS:
By entering the Giveaway, each entrant represents and warrants that: (a) the entrant meets all eligibility requirements of the Giveaway; (b) in entering and participating in the Giveaway, the entrant has complied with and will comply in all respects with these Official Rules and all applicable statutes, regulations and other laws; and (c) the information provided in the entrant’s entry, including without limitation all contact information, is true, accurate and complete in all respects.
RELEASE; LIMITATION ON LIABILITY:
By participating in this Giveaway and/or by accepting a prize, participants agree to release and hold harmless the Sponsors and Administrator and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, attorneys and agents, including, without limitation, judging or administration of the Giveaway (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Giveaway, their participation in the Giveaway and/or their participation in any prize- related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s), and/or the awarding, receipt and/or use or misuse of any prize or any item purchased with any prize, or participation in any prize- related activities). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND WHETHER ARISING IN STATUTE, TORT, CONTRACT OR OTHER LEGAL THEORY.
PERSONAL INFORMATION AND GRANT OF RIGHTS:
By participating in any Dark Skies Fly Fishing and Mountain Laurel Guide Service Giveaway Giveaway and/or by accepting a prize, participants agree to be contacted by Sponsors and/or Administrator via e-mail in connection with the Giveaway. Participants in this giveaway also agree to be added to the Newsletter marketing lists published by Dark Skies Fly Fishing and Mountain Laurel Guide Service. By accepting a prize, each Winner consents to the use of his/her name and/or likeness (voice, biographical information, city and state of residence, statements, photograph, and recording) for advertising and promotional purposes (including, but not limited to, use on Sponsors’ web sites and/or Facebook pages or other social media accounts) without additional compensation, except where prohibited by law.
CHANGES AND EARLY TERMINATION:
If for any reason the Giveaway is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsors and/or Administrator that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsors reserve the right to disqualify any individual they reasonably believe has tampered with the entry process, operation of the Giveaway or Giveaway Site, and to cancel, terminate, modify, or suspend the Giveaway without notice and to select the winners from all eligible entries received prior to the cancellation or termination. Sponsors assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsors or Administrator on account of human error, technical problems or traffic congestion on the Internet or at any web site, theft or destruction, or unauthorized access to, or tampering with or hacking of web site, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Giveaway.
TAMPERING:
Sponsors reserve the right to disqualify any entrant, in their sole discretion, if they determine such entrant is undermining or attempting to undermine the legitimate operation of the Giveaway in any way, including by cheating, hacking, deception, tampering with the entry process or the operation of the Giveaway, violating these Official Rules, engaging in unfair practices, or abusing, threatening or harassing any other entrant or any representatives of Sponsors and/or Administrator. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES:
Each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with this Giveaway, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Pennsylvania; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorney’s fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, 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 entrants, the Sponsors and the Administrator in connection with this Giveaway shall be governed by, and construed in accordance with the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Pennsylvania or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of Pennsylvania.
MISCELLANEOUS:
If any part of these Official Rules is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such part will be modified to the minimum extent necessary to make it enforceable while preserving to the maximum extent possible the original intent of Sponsors, and the remaining parts of these Official Rules will remain in full force and effect. Nothing contained herein or in any of the Giveaway-related materials should be construed as an endorsement by Sponsors of any third party, product, or service. For a list of Winners or a copy of the Official Rules, please send a self-addressed stamped envelope to: Dark Skies Fly Fishing “Winner’s List/Official Rules”, P.O. Box 554, Coudersport, PA 16915. Lists will be sent once all Winners have been verified and prizes have been awarded.
GENERAL RULES:
Sponsors reserve the right at their sole discretion to modify, terminate or suspend all or portion of this Giveaway should non-authorized human interference, fraud, printing errors, Internet viruses, hackers or other causes beyond the control of the sponsor corrupt or impair administration, security, fairness or proper operation of this Giveaway. Sponsors assume no responsibility for lost, late or illegible entries. Sponsors are not liable for injury, loss or damage of any kind resulting from acceptance or use of prize(s) or participation in this Giveaway. Information provided for this Giveaway is subject to Sponsor’s Privacy Policy located at www.darkskiesflyfishing.com.
SPONSORS:
Dark Skies Fly Fishing, P.O. Box 554, Coudersport, PA 16915; Mountain Laurel Guide Service, 501 Cathers Drive, Leeper, PA 16233 (“Sponsors”).
ADMINISTRATOR:
Dark Skies Fly Fishing, P. O. Box 554, Coudersport, PA 16915; Mountain Laurel Guide Service, 501 Cathers Drive, Leeper, PA 16233 (“Administrator”).