THIS AGREEMENT CONTAINS A BINDING, IRREVOCABLE
AGREEMENT TO ARBITRATE AND IS SUBJECT TO ARBITRATION
PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT
(SC CODE ANN. § 15-48-10, ET SEQ., AS AMENDED), AS MODIFIED HEREIN
2017 CCA STAR RULES FOR COASTAL
CONSERVATION ASSOCIATION OF
SOUTH CAROLINA (“CCA STAR RULES”)
Tournament: Annual STAR (Statewide Tournament and Angler’s Rodeo) Tournament (the “Tournament”) hosted by the Coastal Conservation Association of South Carolina that begins at 5:00 a.m. on May 27, 2017 and ends on September 4, 2017 at 5:00P. M. EST.
Tournament Year: The calendar year during which the Annual STAR Tournament was held.
The term immediate family of a person means the following (whether by the full or half blood or by adoption): Such person's spouse, father, mother, children, brothers, sisters, grandchildren or other relative residing in the same household of such person.
STAR Committee: Such persons who may be designated by Coastal Conservation Association of South Carolina (“CCA SC”) to assist with the promotion, administration and facilitation of the Tournament.
Redfish Release Team: Such persons who may by designated by CCA SC for purposes of tagging and releasing Redfish for the Tournament.
Tournament Check-In Committee: Such persons who may by designated by CCA SC for purposes of checking in any tagged Redfish by a Participant in connection with the Tournament.
Official STAR Check-In Station: Such places as may be designated the STAR Committee for checking in a fish for prize consideration.
CCA: Coastal Conservation Association
CCA SC: Coastal Conservation Association South Carolina which is the South Carolina chapter of Coastal Conservation Association
1. Rules Acceptance. In order to qualify to win a prize in the Tournament a Participant (as more fully defined herein) must be in compliance with all of the CCA STAR Rules. It is the sole responsibility of the Participant (as more fully defined herein) to know and abide by the CCA STAR Rules as published and as amended from time to time . Participants agree to abide by all CCA STAR Rules. All decisions made by the STAR Committee are final and binding on Participants. Participants who are not qualified or otherwise ineligible to participate shall not be due a refund of their entry fee.
2. Participation Qualifications. In order for a person to participate in the Tournament (a “Participant”) and be eligible for any prize, a Participant must be : (i) 18 years or older at the time of registration for the Tournament (ii) a member of the Coastal Conservation Association at the time a fish eligible for a prize fish is caught (iii) registered for the Tournament at the time a fish eligible for a prize is caught ; (iv) have paid all fees associated with membership in Coastal Conservation Association and the Tournament; and (v) otherwise be in compliance with the CCA Star Rules. Each Participant is eligible to win only one prize per Tournament and Tournament Year.
3. Commercial Fin Fishermen Ineligible. Persons who are licensed as a commercial fishermen (as those terms are defined by applicable South Carolina law or under any federal law) during the Tournament (one day or more during the Tournament period) are not eligible to participate in the Tournament.
4. Employee and Certain Volunteers Ineligible. Employees of the Coastal Conservation Association, members of the Redfish Release Team, the STAR Committee, the Tournament Check-In Committee, any person who has knowledge not known to the general public concerning the Redfish which were tagged and released for the Tournament and any of the foregoing’s Immediate Family members are not eligible to participate in the Tournament.
5. Professional Fishing Guides Ineligible. Except for the Guides Division as set forth below, Professional fishing guides licensed and permitted by the state of South Carolina and/or the Federal Government and their Immediate Families are not eligible to participate in the Tournament. (Note: Participants in the Tournament may fish with a licensed professional guide or charter boat captain). Professional fishing guides licensed and permitted by the state of South Carolina and/or the Federal Government may enter the Guides Division.
6. Others Ineligible. The following individuals are also ineligible to participate in the Tournament: (1) any person previously disqualified in any CCA STAR Tournament in any state; (2) any person who previously refused or failed a polygraph test in connection with any CCA Star Tournament in any state; (3) any Participant whose Immediate Family has previously refused or failed a polygraph test in connection with any CCA STAR Tournament in any state.
7. Legal and Regulatory Compliance. Participants and fish must comply with the current laws, rules and regulations of the State of South Carolina and the Federal Government.
8. Dates and Times. The Tournament will begin at 5: a.m. Saturday May 27, 2017 and end at 5:00 p.m. on Monday September 4, 2017. Only fish caught and tendered at an Official STAR Check-In Station during this period will be eligible for Tournament prize consideration. No fish shall be checked-in after 5:00 p.m. on the last Tournament day.
9. Fishing Method. Fish entered in the Tournament for prizes must have been caught by the Participant on conventional rod, hook and line exclusively (which includes spinning rod, casting rod and fly rod). Only the Participant may touch the rod for purposes of fighting and landing the fish. The landing of a fish that has been subdued by dip net or similar means (for example by Boga Grip or hand landing) by and assistant to the Participant is permitted.
10. Tournament Boundaries. Boundaries of the Tournament are the territorial public waters of the State of South Carolina, including South Carolina’s common and shared boundary waters with North Carolina and Georgia as defined by South Carolina law and its rules and regulations. Fish caught outside Tournaments Boundaries are ineligible for prizes.
11. Winning Fish Submittal. All fish entered into the Tournament for prize consideration must have been caught and presented by the Participant to a member of the Tournament Check-In Committee at a designated Official STAR Check-In Station with the tag attached as soon as practicable after landing, but in no event more than twenty-four (24) hours after landing the fish. Provided however, in no event may a fish be checked-in after 5:00 P.M. on the last Tournament Day. Participants wishing to enter a fish in the Tournament shall call _________________within two (2) hours of catching the tagged Redfish, send a photograph of the tagged Redfish by Text Message to the above number and arrange for checking the Redfish in at an agreed upon STAR Check-In Station. At check-in, the Participant entering the Redfish shall be met by a member of the Tournament Check-In Committee. The Redfish with the tag still attached and intact shall be presented to the member of the Tournament Check-In Committee and the Participant shall complete and sign the official STAR submittal form. The Participant shall also provide proof of identity at the time of check-in by state issued driver’s license or other legally recognized form of proof of identity. No frozen, spoiled, gutted, altered, or mutilated fish will be eligible for entry. All fish entered in the Tournament for prize consideration shall become the property of CCA. In the event 2 or more tagged Redfish are caught the same day by different Participants the time and sequence of the phone call(s) to the above number shall govern prize eligibility with the earlier call(s) beating later calls.
12. No Transfers. No transfer of fish among Tournament Participants shall be allowed. A fish checked-in by a Participant must have been caught by the Participant.
13. Eligible Fish. Fish eligible to be entered into the Tournament shall be Redfish (a/k/a Spotail and Red Drum) with a STAR Tournament tag intact as previously inserted by a member of the Redfish Release Team.
14. Applicable Tagged Redfish. No more than 50 tagged Redfish will be released into the coastal waters of South Carolina before the start of the Tournament. The tags on the Redfish are blue and will read CCA SC 2017 .
15. Tagged Redfish Prizes. Only the first two (2) Redfish entered bearing one of the above-described tag numbers will receive a prize.
16. Tagged Redfish Singular Prize. Each Participant shall be eligible to win only one prize for a tagged Redfish. All tagged Redfish immediately become the property of Coastal Conservation Association South Carolina. The first Participant to call in a tagged Redfish and thereafter have it properly checked-in in accordance with rule 11. above and have the catch certified by CCA SC will win a 2017 Sea Hunt BX 22 BRV bay boat, Yamaha Outboard, Wesco trailer package. The second Participant to call in a tagged Redfish and thereafter have it properly checked-in in accordance with rule 11. above and have the catch certified by CCA SC shall win a 2017 Sea Hunt BX 22 BR bay boat, Yamaha Outboard, Wesco trailer package. All decisions of the STAR Committee as to the eligibility of prizes are final and not subject to appeal.
17. Professional guides and charter captains participating in this division must be a properly-licensed South Carolina guide or charter captain and a current member of CCA.
18. Most STAR Participants. The Guide’s Division prize winner will be the guide or charter captain who is directly responsible for registering the greatest number of Participants up until 5:00 P.M. on September 4, 2017. Participants registered for the Tournament with the assistance of guides or captains must indicate the guide or captain by name when they register for the Tournament in order to count in this division.
19. Guide Division Prize. $500 gas card.
20. Polygraph Examination Required. Any Participant entering a fish in the Tournament or claiming a prize, must submit to a polygraph examination prior to and as a condition to receiving the prize. Additionally, each Participant, regardless of whether or not they are entering a fish, agrees to submit to a polygraph examination should Coastal Conservation Association deem the polygraph necessary in their sole discretion. Finally, Coastal Conservation has the right, in its sole discretion, to require any third party, including any party who has or may have knowledge concerning the catching of a tagged Redfish submitted for prize consideration, to take a polygraph test as a condition to awarding any prize and may disqualify any Participant as a result of any failed polygraph test or refusal by any party to take a polygraph test.
21. Polygraphist Selection. The STAR Committee reserves the sole right to select polygraphists to administer polygraph examinations.
22. Polygraph Examination Date and Times. All polygraph examinations shall be taken at the time, place and by the polygraphist(s) designated by the STAR Committee upon reasonable advance notice
23. Polygraph Consent. Each Participant agrees by his/her signature on, or submittal of, the official CCA STAR entry form or check-in form, to submit to a polygraph examination and that the results of such polygraph shall be conclusive as to the facts elicited thereby. If the result of a polygraph is inconclusive, Coastal Conservation Association’s determination as to the eligibility of Participant for a prize shall be final. All travel expenses are to be paid by the Participant. Failure to submit to, or pass the required polygraph examination shall result in disqualification and a violation of the CCA Star Rules.
24. Protests. All disputes, protests, claims, differences or controversies of any kind whatsoever relating to any aspect of the Tournament, including, without limitation, CCA Star Rules, polygraph results, and Participant controversies must be submitted in writing and deposited in the U.S. mail with all postage prepaid and addressed to Coastal Conservation Association, STAR Tournament Director at 3021-10 McNaughton Dr, Columbia, SC 29223 no later than one business day after the final determination by the Star Committee as to the eligibility or lack of eligibility of any fish submitted for prize consideration.
25. Protest Decisions. All such protests shall be submitted to and decided by the STAR Committee.
26. Finality of STAR Committee Decision. The decision of the STAR Committee, in its sole discretion, shall be final and binding on any and all matters.
27. Failure of STAR Committee to Render a Decision. In the event the STAR Committee cannot render, or refuses to render, a final and binding decision with respect to any dispute, protest, claim, difference or controversy relative to any aspect of the Tournament under its review within 30 days of dispute or controversy, the matter shall be resolved by binding arbitration.
28. Arbitration Clause. All Participants, Guides and CCA agree that any controversy, claim or dispute in any way arising out of or relating to these rules, prize distribution, or any other aspect of the Tournament shall be settled by binding arbitration. Said disputes include, but are not limited to, those arising under the law of tort, contract, restitution and/or any other legal or equitable theory shall be resolved by three-person arbitration panel administered by the American Arbitration Association (“AAA”) in Columbia, South Carolina under the Commercial Arbitration Rules, Expedited Procedures effective at the time of the dispute. Furthermore, any award rendered by any arbitrator(s) may be entered in any court having jurisdiction. The decision rendered in arbitration shall be a “reasoned decision” and in writing and shall be final and binding upon all parties. The parties shall have no further recourse, except as provided for by the commercial rules of the American Arbitration Association. The Participants, Guides and CCA specifically waive any right to a trial by judge or jury.
29. Responsibility for Costs and Fees of Arbitration. The non-prevailing party at any arbitration proceedings shall pay all costs incurred by the prevailing party. Also, the non-prevailing party shall pay the prevailing party for all attorneys’ fees and costs incurred in connection with arbitration and with enforcement of any arbitration award.
30. Prizes Conveyed As-Is. All prizes will be conveyed “as is” without any representation or warranty, express or implied, to the winning Participant(s) or guardian after the Tournament has concluded at the STAR Awards Banquet or at the conclusion of any pending controversy. The STAR Committee may replace or substitute for any advertised prize, another prize that the Committee deems, in its sole discretion, to be of comparable value to the original prize.
31. Prize Implications and Responsibilities. All prizewinners are solely responsible for payment of any taxes, fees, and costs associated with the prize. Additionally, all prizewinners are responsible for processing, registration and tax documentation in a timely fashion.
32. Marketing Participation. The Participants specifically agree and consent to the use of any photograph, video or audio recording in which they appear or are heard, by the Coastal Conservation Association for any purpose whatsoever including, but not limited to, resale, advertising, and promotional material without compensation or restriction of any kind.
33. Disclaimer. The entire responsibility for valid member status, state fishing license status, and correctness of his or her entry form rests solely on the Participant. The STAR Committee reserves the right to change dates and times of the Tournament, all decisions of the STAR Committee are final and not subject to appeal.
34. HOLD HARMLESS AND INDEMNITY. IN CONSIDERATION OF BEING ALLOWED TO ENTER THE STAR TOURNAMENT, EACH PERSON AGREES AND CONTRACTS TO INDEMNIFY AND HOLD HARMLESS THE COASTAL CONSERVATION ASSOCIATION, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, COMMITTEES REPRESENTATIVES, AND THE TOURNAMENT DIRECTOR, TOGETHER THE “INDEMNIFIED PARTIES” FROM ANY AND ALL LOSS, LIABILITY, CLAIMS, OR DAMAGES ARISING OUT OF OR IN ANY MANNER WHATSOEVER CONNECTED WITH THE PLANNING, OPERATION OR CONDUCT OF THE TOURNAMENT, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH, SURVIVAL DAMAGES, PROPERTY DAMAGE, AND CLAIMS RELATING IN ANY WAY TO THE AWARDING OF PRIZES IN THE TOURNAMENT. THE PARENT, GUARDIAN OR LEGAL REPRESENTATIVE OF A MINOR PARTICIPATING IN THE TOURNAMENT FURTHER AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ALL LOSS ON ACCOUNT OF ANY CLAIMS PRESENTED AGAINST THEM BY OR ON BEHALF OF THEIR CHILD OR WARD. WINNERS WILL BE REQUIRED TO EXECUTE AN ADDITIONAL RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT UPON RECEIPT OF PRIZE.
35. Return of Entry Fee Limit of Liability: In consideration of a Participant or guide (as to the Guides Division) being allowed to enter the Tournament, all Participants and Guides acknowledge and agree, that in all cases where there is a claim or dispute regarding the wrongful award of a prize or the wrongful failure to award a prize, CCA will only be responsible for the return of the applicable entry fee.