HOYT® Elk Hunt Giveaway 2024

Terms and Conditions

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

These Official Rules (“Rules”) exempt Hoyt Archery, Inc., (“Sponsor”) and other persons from liability or limit their liability, specify the jurisdiction for the resolution of disputes, and contain other important provisions. THESE RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. Eligibility: This Hoyt Elk Hunt Giveaway 2024 (“Campaign”) is open only to legal residents of the fifty United States and District of Columbia, who have reached the age of majority at time of entry. Void in Puerto Rico, and all other U.S. and foreign territories and possessions, and wherever else prohibited or restricted by law. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. Employees of Sponsor, their affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Campaign. The Campaign is subject to all applicable federal, state, and local laws and regulations. VOID WHERE PROHIBITED BY LAW.
2. Agreement to Rules: By participating, the individual entrant (“you”) agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decision of the Sponsor as final and binding as it relates to the content of this Campaign. If you use fraudulent methods or otherwise attempt to circumvent these Rules, your submission may be removed from eligibility at the Sponsor’s sole discretion.
3. Campaign Period: Entries will be accepted starting on January 29, 2024, at 12:01 am Pacific Time and ending May 31, 2024, at 11:59 pm Pacific Time (the “Campaign Entry Period”). Sponsor’s computer is the official time-keeping device for the Campaign.
4. How to Enter:
   1. Mail-in Entry; No Purchase Necessary. To enter the Campaign by mail without making a purchase, handprint (in the following order) your full name, daytime telephone number, and email address, on a standard 4” x 6” postcard (with no outer envelope) and mail it to: Hoyt Archery, Inc., ATTN: Hoyt Elk Hunt Giveaway 2024, 593 North Wright Brothers Dr., Salt Lake City, UT, 84116 (a “Mail-in Entry”). Mail-in-Entries must be received by Sponsor during the Campaign Entry Period. Each Mail-in Entry postcard received during the Campaign Entry Period will receive SEVEN (7) entries into the Campaign. LIMIT OF TWENTY (20) MAIL-IN ENTRY POSTCARDS PER PERSON, PER WEEK, FOR A LIMIT OF ONE HUNDRED FOURTY (140) ENTRIES PER PERSON, PER WEEK (i.e., 20 postcards x 7 entries each = 140 entries). TOTAL LIMIT OF TWO THOUSAND FIVE HUNDRED AND TWENTY (2,520) MAIL-IN ENTRIES PER PERSON DURING THE EIGHTEEN (18)-WEEK CAMPAIGN ENTRY PERIOD (i.e., 140 entries per week x 18 calendar weeks = 2,520 entries). Illegible information on a postcard received by Sponsor will result in ineligibility and will not be considered as a Mail-in Entry for the Campaign.
   2. Purchase Entries.
      1. Purchases on the Website. To enter the Campaign by making an online product purchase, visit https://store.hoyt.com/ (the “Website”), submit all required information to purchase one or more Hoyt-branded products, and submit full payment (“Website-Purchase Entry”). Website-Purchase Entries must be received by Sponsor during the Campaign Entry Period. Each Website-Purchase Entry received during the Campaign Entry Period will receive ONE (1) entry into the Campaign for every one dollar ($1.00) spent (excluding taxes and shipping). Purchase transactions involving account adjustments, transactions/returns, declined credit, or debit transactions are not eligible for Purchase Entries. LIMIT OF TWO THOUSAND FIVE HUNDRED AND TWENTY (2,520) WEBSITE-PURCHASE ENTRIES.
      2. Purchases at Hoyt Authorized Dealers. To enter the Campaign by making a product purchase at a Hoyt authorized dealer (a list of authorized dealers can be found at: https://hoyt.com/archery-dealers) , visit a Hoyt authorized dealer, provide all required information to purchase one or more Hoyt-branded products, provide payment in full, and submit all required information for proof of purchase at https://hoyt.com/elk-hunt-giveaway-2024 (“Dealer-Purchase Entry”). Dealer-Purchase Entries must be received by Sponsor during the Campaign Entry Period. Each Dealer-Purchase Entry received during the Campaign Entry Period will receive ONE (1) entry into the Campaign for every one dollar ($1.00) spent (excluding taxes and shipping). Purchase transactions involving account adjustments, transactions/returns, declined credit, or debit transactions are not eligible for Purchase Entries. Purchases transacted at the Hoyt booth during The Vegas Shoot 2024 from January 31st 2024 through February 4th 2024 are not eligible for Purchase Entries. LIMIT OF TWO THOUSAND FIVE HUNDRED AND TWENTY (2,520) DEALER-PURCHASE ENTRIES.
         
         FOR AVOIDANCE OF ANY DOUBT, THE TOTAL LIMIT PER PERSON ON ALL WEBSITE-PURCHASE ENTRIES AND DEALER-PURCHASE ENTRIES, OR ANY COMBINATION THEREOF (“Purchase Entries”) IS TWO THOUSAND FIVE HUNDRED (2,520). Accordingly, the total of all Purchase Entries will have the same limit as all Mail-in Entries, which require no purchase. THEREFORE, A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
         
         Sponsor is not responsible for lost, late, damaged, delayed, incomplete, or misdirected Mail-in Entries, Sign-up Entries, or Purchase Entries (collectively, “Entries”) or for any Entries not received by the close of the Campaign Entry Period. Sponsor also assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature, or for damaged, lost, late, illegible or misdirected Entries; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by the Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Campaign; or by any technical or human error that may occur in the processing of submissions or downloading that may limit, delay or prevent an entrant’s ability to participate in the Campaign.
5. Marketing Communications: By submitting an Entry and participating in the Campaign, you agree to receive marketing communications from the Sponsor.
6. Prizes:
   1. The winner of the Campaign (“Winner”) will receive the following prize ( “Prize”):
      1. One (1) 5-day professionally guided elk hunt - in the Utah backcountry (the “Hunt”)
      2. One (1) Utah CMWU elk tag
      3. One (1) Utah hunting license
      4. Food and Lodging during the Hunt
      5. Transportation to and from Utah: Round trip, coach flight voucher for Winner to Salt Lake City, Utah (valued at up to $1,200). Round trip transportation for Winner from Salt Lake City International Airport to hunting camp. If Winner chooses to drive to Salt Lake City, no flight voucher will be provided by Sponsor.
      6. Meat Processing and Shipping. Processing of meat harvested from the Hunt by a meat processor of Sponsor’s choosing and standard shipping of processed meat to Winner’s home address. Sponsor is not responsible for lost or damaged meat prior to shipping or during shipping. If Winner chooses not to process and/or ship meat with service providers selected by Sponsor, no other processing or shipping will be provided by Sponsor.
      7. vii) Shipping Antlers and Skull. Standard shipping of any harvested elk antlers and skull to Winner’s home address. Sponsor is not responsible for lost or damaged antlers or skull prior to shipping or during shipping. Taxidermy work is NOT included in the Prize. If Winner chooses not to ship elk antlers and/or skull with shipping services selected by Sponsor, no other shipping will be provided by Sponsor.
   2. Alternate Prize. In lieu of the Prize (and not in addition to the Prize), the Winner of the Campaign can alternatively elect to receive a one-time, lump sum payment in the amount of two thousand five hundred dollars ($2,500) (the “Alternate Prize”) from Sponsor. Any difference between the total approximate retail value of the Prize and the Alternate Prize will not be awarded.
      
      The total approximate retail value of the Prize package is USD $23,000. The actual/appraised value may differ at time of the Prize award based on cost of transportation and shipping, Winner’s place of residence, and Winner’s bow and accessory selection. The specifics of the Prize shall be solely determined by the Sponsor. Sponsor reserves the right to substitute a particular Prize for one of comparable or greater value. No other cash or other prize substitution shall be permitted except at Sponsor’s discretion. The Prize or Alternate Prize is nontransferable. Any and all Prize-related or Alternative Prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner. No substitution of Prize, or sale or transfer/assignment of Prize to others, or other request for the cash equivalent of Prize by Winner is permitted. Any difference between the total approximate retail value and actual value of the Prize will not be awarded. Sponsor is responsible only for Prize delivery in the United States. Sponsor will provide a 1099 tax form to each Winner who receives a prize of USD $600 or more.
      
      NON-MONETARY PRIZES ARE AWARDED “AS IS” AND WITHOUT CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BEYOND HOYT’S CUSTOMARY REPRESENTATIONS PROVIDED WHEN THE PRIZE PRODUCTS ARE SOLD AT RETAIL.
7. Odds: The odds of winning depend on the number of eligible entries received during the Campaign Entry Period.
8. Winner Selection and Notification: The Winner will be selected by a random drawing from all eligible entries under Sponsor’s supervision. The Winner will be notified by email within five (5) business days following the drawing. Sponsor shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the Prize within thirty (30) days from the time award notification was sent, fails to timely respond to requests for information from the Sponsor, or fails to timely return a completed and executed affidavit of eligibility and liability and publicity release, wherever lawful, an alternate Winner may be selected from the remaining eligible entrants in accordance with the procedure specified above. Sponsor may request certain information, including date of birth or age, from the Winner in order to confirm eligibility, which request the Winner must respond to in order to claim the Prize. THE WINNER MUST PROVIDE ALL TRUE, COMPLETE AND ACCURATE INFORMATION REQUESTED BY SPONSOR TO FACILITATE THE DELIVERY OF THE PRIZE AND BEARS ALL RESPONSIBILITY IN CONNECTION THEREWITH. Winner should allow 8-10 weeks after claiming the Prize for receipt of the Prize. Receipt by Winner of the Prize offered in this Campaign is conditioned upon compliance with all applicable federal, state, and local laws and regulations (“Laws”). ANY VIOLATION BY WINNER OF THESE RULES OR OF ANY LAWS WILL (AT SPONSOR’S SOLE DISCRETION) RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CAMPAIGN, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED. Winner will be responsible for all claims, causes of action, damages and losses caused by Winner’s violation of these Rules or any Laws.
9. Rights Granted by You: By entering this Campaign, you hereby grant to the Sponsor, anyone acting on behalf of the Sponsor, and Sponsor’s licensees, successors, and assigns, the right, to the extent permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your Entry, any content provided in such Entry (e.g., photo, video, text, etc.), your name, image, and likeness including any photos or statements about the Campaign that you provide to the Sponsor, and your state and city of residence for news, publicity, information, trade, advertising, public relations, and promotional purposes relating to the Campaign without any further compensation, notice, review, or consent. By acceptance of the Prize, you hereby grant to Sponsor permission for Sponsor to use Winner’s name, likeness, image, and entry for purposes of advertising and trade without further compensation, unless prohibited by law. By acceptance of the Prize, you also grant to Sponsor, anyone acting on behalf of the Sponsor, and Sponsor’s licensees, successors, and assigns, the right, to the extent permitted by law, to film and photograph you (“Digital Media Content”) during the Hunt and to print, publish, broadcast, distribute, and use Digital Media Content in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, and without further compensation. By acceptance of the Prize, you further agree to cooperate with the creation of Digital Media Content, including participating in on-camera interviews and wearing clothing specified by Sponsor. If you do not own the clothing specified by the Sponsor, you further agree to wear the clothing provided by Sponsor.
10. Terms & Conditions: Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Campaign should virus, bug, non-authorized human intervention, fraud, or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Campaign. In such case, Sponsor may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Sponsor further reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Campaign or website, or violates these Rules. Sponsor has the right, in its sole discretion, to maintain the integrity of the Campaign, to void Entries for any reason, including, but not limited to: multiple Entries from the same user from different IP addresses; multiple Entries from the same computer in excess of that allowed by Campaign rules; or the use of bots, macros, scripts, or other technical means for entering the Campaign. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability: By entering, you, on behalf of yourself and your successors, heirs, administrators or representatives, agree to release, discharge, indemnify and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, owners, employees, officers, and directors from any liability; illness; injury; death; loss; litigation; lost profits; direct, indirect incidental, special, exemplary, punitive or consequential damages, or claims, that may occur, directly or indirectly, whether caused by negligence or not, from: (i) your participation in the Campaign and/or your acceptance, possession, use, or misuse of any Prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Campaign; and (v) electronic or human error in the administration of the Campaign or the processing of Entries.
12. Non-Disparagement. By entering this Campaign, you agree not to act in any manner which may reasonably reflect unfavorably upon the good name, goodwill, reputation or image of the Sponsor, and will not make, or cause to be made, any statements, observations, or opinions, or communicate any information (whether oral or written), that disparages or is likely in any way to harm the reputation of the Sponsor, its products, customers, users and/or business partners, except that nothing contained in these Terms and Conditions will be deemed to prohibit any party from testifying truthfully under oath pursuant to any lawful court order or subpoena or otherwise responding to or providing disclosures required by law..
13. Arbitration Agreement: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
    1. Agreement to Arbitrate. This Section is referred to in these Rules as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor whether arising out of or relating to these Rules, the Campaign, your participation in the Campaign, the Prize, acceptance, possession, use or misuse of the Prize (including any alleged breach thereof), any advertising, any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief on your behalf. You agree that, by participating in the Campaign, you and the Sponsor are waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    2. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
    3. Pre-Arbitration Dispute Resolution. Sponsor is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Sponsor should be sent to Hoyt Archery, 593 N Wright Brothers Dr., Salt Lake, UT 84116 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute, and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor are entitled.
    4. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
       
       Unless the Sponsor and you agree otherwise, or unless otherwise prohibited by law, any arbitration hearings will take place in Salt Lake County, Utah. If your claim is for $10,000 or less, Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
    5. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $10,000 or less, at your request, Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $10,000, the parties will each pay one half of the Arbitration Fees, unless you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees. In such case, the Sponsor will also pay your portion of such fees. Finally, if the value of the relief sought is $10,000 or less, the Sponsor will pay reasonable attorneys’ fees should you prevail. Sponsor will not seek attorneys’ fees from you. But, if you initiate an arbitration in which you seek more than $10,000 in relief, the payment of attorneys’ fees will be governed by the AAA Rules.
    6. Governing Law. THIS Campaign IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF UTAH, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Campaign). Participant further waives all rights to have damages multiplied or increased.
    7. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    8. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 13(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Official Rules will continue to apply.
14. Privacy Policy: Information submitted with an Entry is subject to the Privacy Policy stated on the Hoyt website (see https://hoyt.com/legal).
15. Winners List: To obtain a copy of the Winner’s first name, last initial, city and state, or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to (residents of Vermont and Washington need not include return postage): Hoyt Archery, ATTN: Hoyt Elk Hunt Giveaway 2024, 593 N. Wright Brothers Dr., Salt Lake, UT 84116. Requests must be received no later than the date that is ninety (90) days following the end of the Campaign Entry Period.
16. Intellectual Property: All intellectual property used by the Sponsor in connection with the promotion and/or including, without limitation, all trademarks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans, and representations are owned (or licensed, as the case may be) by the Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.
17. Sponsor: The Sponsor of the Campaign is Hoyt Archery, Inc., 593 N. Wright Brothers Dr., Salt Lake, UT 84116.