Rules and Regulations
1. Each LCI Father’s Day Fishing Derby presented by Yamaha participant and all registered affirming witnesses, must submit to a polygraph (lie-detector) examination upon request of LCI Father's Day Fishing Derby presented by Yamaha Officials, or he/she shall be disqualified. Based on the results of this examination, the Lake Champlain International, Inc. Board of Directors reserves the right to disqualify the contestant. In the event that LCI Father's Day Fishing Derby presented by Yamaha Officials disqualify a contestant, any and all fish which were offered by that contestant during the LCI Father's Day Fishing Derby presented by Yamaha shall also be disallowed. Further, any contestant who has ever been disqualified by LCI Father's Day Fishing Derby presented by Yamaha Officials shall be permanently barred from participation in any and all future fishing derbies promoted by Lake Champlain International, Inc.
Registration
2. Prior to the LCI Father’s Day Fishing Derby presented by Yamaha, each contestant must purchase a valid individual, junior or family registration, either directly from Lake Champlain International, Inc. or through one of the LCI Derby 2009 Official Retail Registration Outlets, and be licensed in the state where fishing.
3. A family registration may be purchased for the LCI Father’s Day Fishing Derby presented by Yamaha and includes the following: registrant, spouse and their legally dependent children seventeen (17) years of age or younger at opening of the LCI Father's Day Fishing Derby presented by Yamaha. Only one registration form will be issued per family. Each registered family member is eligible for LCI Father's Day Fishing Derby presented by Yamaha prizes; however, any random drawings to determine prizewinners will be executed according to the rule of one chance per registration form, not per person registered (lottery prizes excluded).
4. LCI Father’s Day Fishing Derby presented by Yamaha registrations must be purchased no later than 11:59 pm on Friday, June 19, 2009, at specified retail outlets. Mailed applications must be postmarked no later than May 15, 2009. VISA and MasterCard applications will be accepted by telephone, facsimile, or internet through May 31, 2009.
5. LCI Father's Day Fishing Derby presented by Yamaha registration forms are not transferable. They must be presented on each occasion a fish is offered, and they may not be honored or replaced if lost. Any number of fish may be offered by each LCI Father's Day Fishing Derby presented by Yamaha contestant using the same registration form.
6. Requests for refunds due to duplicate registration purchase will be considered only if made in writing and postmarked on or before June 30, 2009.
7. Requests for refunds for any other reason must be made in writing, submitted with the registration to be nullified, and must be postmarked on or before May 31, 2009.
8. A $10.00 fee will be charged for any requested duplicate registrations due to loss or theft.
Witnesses
9. All persons aboard the same vessel/boat must be registered in the LCI Father’s Day Fishing Derby presented by Yamaha. In order to affirm the integrity of the catch of each fish offered in the LCI Father’s Day Fishing Derby presented by Yamaha, there MUST BE A REGISTERED AFFIRMING WITNESS TO EACH CATCH.
10. Shore and pier fishermen MUST HAVE A REGISTERED AFFIRMING WITNESS TO EACH CATCH.
Registering the Fish
11. CONTESTANTS and AFFIRMING WITNESSES must complete a weigh-in form furnished by the Lake Champlain International, Inc. Board of Directors at the weigh station. Only official weigh-in forms transmitted to LCI Derby Headquarters from official 2009 LCI Father’s Day Fishing Derby presented by Yamaha weigh stations will be accepted.
12. The contestant is responsible for the accuracy of the information about his or her entered fish as it is transcribed on the official weigh-in form. Once the contestant has affixed his or her signature to the weigh-in form, he or she relinquishes all rights to challenge the accuracy of the data.
13. Weigh-in data as transcribed, and signed to, on the official weigh-in form at the weigh station will not be considered final until all entered information has been transmitted to LCI Derby Headquarters and reviewed, subjected to biological feasibility scrutiny, and accepted by LCI Father's Day Fishing Derby presented by Yamaha Officials. The signature of an LCI Father's Day Fishing Derby presented by Yamaha weigh attendant on an official weigh-in form does not in and of itself constitute the final determination concerning any entry.
Boundaries/Hours
14. The boundaries of the LCI Father’s Day Fishing Derby presented by Yamaha shall include: a. Lake Champlain Proper as defined in the New York State and Vermont Digest of Fish and Wildlife Laws. b. Southern Boundary: Lock Number 12 at Whitehall. c. Northern Boundary: Canadian border.
15. LCI Father’s Day Fishing Derby presented by Yamaha hours: Opening: 12:01 a.m., Saturday, June 20, 2009 Closing: 4:00 p.m., Monday, June 22, 2009
16. LCI Father’s Day Fishing Derby presented by Yamaha Weigh Station hours: Weigh station hours are 9:00 a.m. to 6:00 p.m. Saturday & Sunday, 9:00 a.m. to 4:00 p.m. on Monday, at any of the regular weigh stations (listed on locator map). Three weigh stations will operate with extended hours of 8 a.m. to 8 p.m. and three weigh stations will operate 24-hours a day beginning at 9:00 a.m. Saturday June 20, 2009. All weigh stations close at 4 p.m. on Monday, June 20, 2009.
17. All fish entered in the LCI Father's Day Fishing Derby presented by Yamaha must be caught upon hook and line and retrieved by rod and reel within the boundaries of the LCI Father's Day Fishing Derby presented by Yamaha (see Rule #14). Fish must be caught between 12:01 a.m. Saturday, June 20, 2009 and prior to 4:00 p.m. Monday, June 20, 2009. All fish must be presented to an LCI Father’s Day Fishing Derby presented by Yamaha weigh station no later than 4:00 p.m. Monday, June 20, 2009.
18. Any angler found importing fish from another body of water, misrepresenting a fish's weight, attempting to alter a fish's weight or manipulate the fish in any manner to achieve a change in weight will be subject to legal proceedings.
Angling Regulation
19. The same angler must cast and hook, or, in the case of a trolled release, fight, and bring the fish to net unaided by any other person. No other person may touch any part of the tackle during the playing of the fish, or give aid other than taking the leader for landing purposes.
Condition of Fish
20. All fish must be whole, fresh and never have been frozen. No gaffed, snagged or foulhooked fish will be accepted for entry. All fish entered will be marked for identification purposes, and may at the sole discretion of the LCI Father's Day Fishing Derby presented by Yamaha Officials become the property of the Lake Champlain International, Inc. Board of Directors. Any angler found misrepresenting a fish’s weight or attempting to alter a fish’s weight will be subject to legal proceedings.
21. In the interest of conservation of fish species, all anglers are encouraged to release all fish caught in the LCI Father’s Day Fishing Derby presented by Yamaha. The intent is to release all fish entered alive, and anglers are encouraged to properly handle live fish. For the purposes of the LCI Father's Day Fishing Derby presented by Yamaha, a LCI Father's Day Fishing Derby presented by Yamaha-eligible fish shall be determined to be alive if it is the judgment of the weigh station captain that the fish shows any reasonable signs of life. Any entered fish which is considered to be alive under this criterion shall be validated for a 5% LCI Derby Prize Point bonus. The weigh station captain’s determination shall be made at the time of weigh-in, and shall be considered final.
Eligible Species & Sizes
22. The seven eligible species categories in the LCI Father’s Day Fishing Derby presented by Yamaha are: Cold Water Division (2): Lake Trout Species Category Atlantic Salmon Species Category, to include: Landlocked Atlantic Salmon, Steelhead and Brown Trout Cool Water Division (3): Walleye Species Category Northern Pike Species Category Smallmouth Bass Species Category Warm Water Division (2): Largemouth Bass Species Category Extraordinary Species Category, to include: Bowfin, Catfish and Sheepshead (Freshwater Drum)
23. All Fish and Wildlife laws of the applicable state where fishing shall be followed during the LCI Father’s Day Fishing Derby presented by Yamaha. Fish which do not conform to all Fish and Wildlife laws of the applicable state shall be disqualified. Due to concern for the conservation of all fish species, the following minimum lengths have been established: Atlantic Salmon/Steelhead 21” Brown Trout 19” Lake Trout 24” Smallmouth Bass 17” Largemouth Bass 16” Northern Pike 32” Walleye 25” Extraordinary Species Category: Bowfin 23” Catfish 26” Sheepshead 22” No fish under the above-stated lengths will be accepted for entry in the LCI Father’s Day Fishing Derby presented by Yamaha.
Prizewinner Determination
24. The LCI Derby Prize Point value of each fish entered in the LCI Father’s Day Fishing Derby presented by Yamaha shall be determined by multiplying the weight of the fish by the Species Points for that species. In addition, all LCI Father's Day Fishing Derby presented by Yamaha-eligible fish from the seven major species categories which are entered alive and relinquished to weigh station captains shall receive a 5% LCI Derby Prize Point bonus (see Rule #21). Live fish shall be given priority at weigh-in. Species Points for each of the eligible species are as follows. Cold Water Division: Atlantic Salmon/Steelhead& Brown Trout 65 Lake Trout 38 Cool Water Division: Walleye 54 Northern Pike 34 Smallmouth Bass 100 Warm Water Division: Largemouth Bass 78 Extraordinary Species Category: Bowfin 38 Catfish 20 Sheepshead 32 An example of the 5% LCI Derby Point bonus follows: A 4.4-pound Smallmouth Bass is worth 4.4 (weight) x 100 (points-per-pound) = 440 LCI Derby Prize Points. If the fish is determined to be alive at the time of weigh-in, add an additional 5%, or 22, bonus points. Thus, the entry earns the angler 440 + 22 = 462 LCI Derby Prize Points.
25. 1st Place Species Prizes shall be awarded, for each of the seven (7) eligible species categories (see Rule #22), to any LCI Father’s Day Fishing Derby presented by Yamaha registrant who enters one fish from that category which amasses the highest number of LCI Derby Prize Points for a single fish. Subsequent Species Prize places shall be likewise determined, in order, according to total LCI Derby Prize Points.
26. The LCI Cold Water Super Bonus Grand Prize shall be awarded to the LCI Father's Day Fishing Derby presented by Yamaha registrant who (a.) has purchased the Monster Money option in addition to his or her basic LCI Father’s Day Fishing Derby presented by Yamaha registration, and who (b.) enters a SINGLE fish, from any of the four eligible Cold Water species in the tournament (see Rule #22), that amasses the highest number of LCI Derby Prize Points. The LCI Cool Water Super Bonus Grand Prize shall be awarded to the LCI Father's Day Fishing Derby presented by Yamaha registrant who (a.) has purchased the Monster Money option in addition to his or her basic LCI Father’s Day Fishing Derby presented by Yamaha registration, and who (b.) enters a SINGLE fish, from any of the three eligible Cool Water species in the LCI Father’s Day Fishing Derby presented by Yamaha (see Rule #22), that amasses the highest number of LCI Derby Prize Points. The LCI Warm Water Super Bonus Grand Prize shall be awarded to the LCI Father's Day Fishing Derby presented by Yamaha registrant who (a.) has purchased the Monster Money option in addition to his or her basic LCI Father’s Day Fishing Derby presented by Yamaha registration, and who (b) enters a SINGLE fish, from any of the four eligible Warm Water species in the LCI Father’s Day Fishing Derby presented by Yamaha (see Rule #22), that amasses the highest number of LCI Derby Prize Points. To be eligible for either (or all three) of the Cold Water and/or Cool Water and/or the Warm Water Super Bonus Grand Prizes, a participant must have a valid 2009 LCI Father’s Day Fishing Derby presented by Yamaha registration with the proper Super Bonus Grand Prize validation. Contestants are subject to official verification by LCI Father's Day Fishing Derby presented by Yamaha Officials. All decisions made by the LCI Father's Day Fishing Derby presented by Yamaha Officials are final, and all LCI Father's Day Fishing Derby presented by Yamaha Rules and Regulations apply to Super Bonus Grand Prize contestants.
27. The Junior Grand Prizes shall be awarded to the LCI Father's Day Fishing Derby presented by Yamaha registrant who is fourteen (14) years of age or under on June 20, 2009 and who enters one fish from any of the eligible species in the LCI Father's Day Fishing Derby presented by Yamaha (see Rule #22), between the opening and closing hours of the LCI Father’s Day Derby presented by Yamaha, that amasses the highest number of LCI Derby Prize Points. Subsequent Junior Grand Prize places shall be likewise determined, in order, according to total LCI Derby Prize Points. Only a junior angler’s highest scoring fish per Junior Division will be considered eligible for an award. Awards will be made for Cold, Cool and Warm Divisions.
28. All 2009 LCI Father's Day Fishing Derby presented by Yamaha T.E.A.M.s shall be governed by the following rules: (1) The T.E.A.M. (Two Entries, Any Member) will be composed of at least one (1) and not more than four (4) members. (2) Prior to the tournament, each T.E.A.M. member must also purchase a valid individual, junior or family registration (see Rule #2). (3) T.E.A.M. registrations must be purchased no later than 11:59pm on Friday, June 20, 2009, at specified retail outlets. Mailed T.E.A.M. appli cations must be postmarked no later than May 15, 2009. VISA and MasterCard T.E.A.M. applications will be accepted by telephone, facsimile and online through May 31, 2009. All T.E.A.M. members must be listed on the registration form at the time of purchase. (4) A contestant may be a member of one and only one T.E.A.M.. (5) Each T.E.A.M. shall choose a Captain in whose name the T.E.A.M. will be registered. Also, if a T.E.A.M. name is not indicated, one may be assigned. (6) T.E.A.M. members may divide themselves into not more than two (2) groups while fishing. This means a limit of 2 boats per T.E.A.M., or shore anglers fishing in no more than two groups. In all cases, the witness requirement continues to apply (see Rule #’s 9 and 10).
29. The T.E.A.M. (Two Entries, Any Member) Prize shall be awarded to that LCI Father's Day Fishing Derby presented by Yamaha T.E.A.M. which (1) has purchased a T.E.A.M. registration in addition to LCI Father’s Day Fishing Derby presented by Yamaha registrations for each of the individual members of the T.E.A.M. (see Rule #28), and (2) collectively enters two fish, both from within either the Cold Water Division, Cool Water Division or the Warm Water Division, that when added together amass the highest number of LCI Derby Prize Points. The two fish may be caught by a single member, or by different members of the T.E.A.M., but must each be caught according to the Angling Regulation (Rule #19). LCI Derby Prize Point Determination Example: 7.0 pound Atlantic Salmon (not alive): 7.0 x 65 = 455 LCI Derby Prize Points. 10.0 pound lake trout (alive): 10.0 x 38 = 380 LCI Derby Prize Points, plus 5% bonus for being alive gives a total of 399 LCI Derby Prize Points (see example, Rule #24). Total for above example is 455 + 399 = 854 LCI Father's Day Fishing Derby presented by Yamaha Prize Points. To be eligible for the T.E.A.M. Prize, each T.E.A.M. member must have a valid 2009 LCI Father’s Day Fishing Derby presented by Yamaha registration, and be listed as a T.E.A.M. member on the T.E.A.M. registration form. Contestants are subject to official verification by LCI Father's Day Fishing Derby presented by Yamaha Officials. All decisions made by the LCI Father's Day Fishing Derby presented by Yamaha Officials are final, and all LCI Father's Day Fishing Derby presented by Yamaha Rules and Regulations apply to T.E.A.M. Prize contestants. The three Yamaha/Starcraft, Smokercraft, or Sylvan boat packages will be awarded to the first-place Cold, Cool and Warm Water Division T.E.A.M.s.
30. Monster Money—Cash Extras The following rules cover each of the tournament record fish in the Cash Extras Option including: $50,000 WIZN Big Bad Bass, $50,000 WOKO Big Station Salmon, $28,000 Lakeshore Ace Laker, $28,000 Slim Jim Monster Walleye, $28,000 Ray’s Seafood Market and Restaurant Sheepshead, $28,000 R&L Archery Northern Pike, $28,000 Shelburne Camping Bowfin & $28,000 Whitehall Marina Catfish. a. In order to be eligible for a Monster Money prize, the All-Tackle Tournament Record fish must be caught in compliance of all state and federal rules and regulations as well as the Lake Champlain International, Inc. Rules and Regulations (no electric reels are allowed) and all other rules contained herein. b. Any new LCI Father's Day Fishing Derby presented by Yamaha record fish must exceed the existing LCI Father's Day Fishing Derby presented by Yamaha record at the time of the catch. Scales must read in pounds an 1/100 lbs. c. Specified species of fish and current tournament record weight: Atlantic Salmon - 11.24 lbs.—$50,000 for new tournament record Walleye - 9.97 lbs.—$28,000 for new tournament record Northern Pike - 23.74 lbs.—$28,000 for new tournament record Largemouth Bass - 6.94 lbs.—$28,000 for new tournament record Smallmouth Bass – 5.44 lbs.—$28,000 for new tournament record Lake Trout – 14.45 lbs—$28,000 for new tournament record Bowfin – 13.15 lbs.—$28,000 for new tournament record Channel Catfish – 31.43 lbs—$28,000 for new tournament record Sheepshead – 19.33 lbs.—$28,000 for new tournament record d. Eligible Location: Lake Champlain e. Tournament Headquarters: Colchester, VT f. Requisite Qualifications for Prize Award: (i) Fish must be eligible for and establish a new Official All-Tackle Tournament Record weight for the specified species. (ii) Any Grand Prize winner must submit to and pass, in a conclusive manner, a polygraph examination as a condition precedent to claim consideration. (iii) Fish must be caught by an official entrant (who must be an eligible contestant) in the LCI Father’s Day Fishing Derby presented by Yamaha during the promotion dates and times of the LCI Father's Day Fishing Derby presented by Yamaha. (iv) If there is a claim, Exhibits B and C must be completed in their entirety and presented the same day as the catch to LCI Derby Headquarters. Lake Champlain International, Inc. will provide Exhibits B and C. g. Eligible contestants: Only those participants officially entered in the LCI Father’s Day Fishing Derby presented by Yamaha who comply with the terms and conditions of this Contract and Official Promotion Rules shall be eligible to compete for a prize. h. Failure by any claimant(s) to comply with the terms and conditions of the LCI Father's Day Fishing Derby presented by Yamaha Official Rules and Regulations will render the claim void and no prize will be paid. i. As a condition for claim consideration an investigation will be conducted if, in Lake Champlain International, Inc.’s sole opinion, such action is warranted. Such an investigation will include, but will not be limited to, requiring the winner and/or witness to submit to and pass in a conclusive manner polygraph examinations. j. Winner is responsible for all state and federal taxes associated with winning a prize.
31. One Super Port Prize for each LCI Father’s Day Fishing Derby presented by Yamaha weigh station shall be awarded to the LCI Father's Day Fishing Derby presented by Yamaha registrant who weighs in a LCI Father's Day Fishing Derby presented by Yamaha-eligible fish from any of the seven major species categories (Rule #22) which is (a) alive (Rule #21) and (b) has a LCI Derby Prize Point value which is the closest to, without being less than, 395.86 DPP, out of all fish registered at that weigh station by close of the LCI Father’s Day Fishing Derby presented by Yamaha on Monday, June 22, 2009. In the event of a tie, the first fish weighed-in will be awarded the prize.
32. LCI Father’s Day Fishing Derby presented by Yamaha participants are eligible to win two round trip airline tickets to anywhere in the Continental United States. The tickets shall be awarded to the LCI Father's Day Fishing Derby presented by Yamaha registrant who weighs in a LCI Father's Day Fishing Derby presented by Yamaha-eligible fish from any of the seven major species categories (Rule #22) which is (a) alive (Rule #21) and (b) has a LCI Derby Prize Point value which is the closest to, without being less than, 400.00 DPP, out of all fish registered at that weigh station by close of the LCI Father’s Day Fishing Derby presented by Yamaha on Monday, June 22, 2009. In the event of a tie, the first fish weighed-in will be awarded the prize.
33. LCI Father’s Day Fishing Derby presented by Yamaha participants are only eligible for one $500.00 contingency award per year. In the event of a First Place T.E.A.M. qualifying, the $500.00 contingency award will be presented to the team captain only.
34. LCI Father's Day Fishing Derby presented by Yamaha contestants may enter one or more fish.
35. $1,000 Crazy Carp Challenge sponsored by Full Throttle Energy Drink $1,000 will be awarded to the angler registered in the LCI Father’s Day Derby presented by Yamaha, who registers the largest Carp by weight, 1/100 lbs, at a LCI Father’s Day Fishing Derby presented by Yamaha weigh station, between the hours of 8:00 a.m. June 20 and 4:00 p.m. June 22, 2009. All other LCI Father’s Day Fishing Derby presented by Yamaha rules apply.
36. It is the responsibility of the prize-winner to collect his/her prize(s). Prizes, or parts thereof, not claimed by July 17, 2009 will become the property of the Lake Champlain International, Inc. Board of Directors.
Tax Liability
37. All tax liability is the burden of the recipient of the prize. Additionally, in accordance with state and federal authorities, Lake Champlain International, Inc. may be required to collect taxes before prizes can be presented.
Miscellaneous
38. Lake Champlain International, Inc. Board members and staff and their immediate families, sponsors, and officials and volunteers involved in the daily operation of the LCI Father's Day Fishing Derby presented by Yamaha, are not eligible to participate.
39. All contestants agree to give the Lake Champlain International, Inc. Board of Directors full rights for promotional or commercial purposes to any photograph of themselves taken by the Lake Champlain International, Inc. Board of Directors or its duly authorized agents.
40. The cash value of the LCI Cold Water Super Bonus, LCI Cool Water Super Bonus and LCI Warm Water Super Bonus Cash Giveaway Prizes is based solely on the number of registrants purchasing this option. Each LCI Super Bonus Grand Prize will be valued at 33% of the pool created by multiplying the total number of Monster Money options sold x $5.00. Lake Champlain International, Inc. has based prize estimates on 2,500 Monster Money options being sold, and does not guarantee published figures if fewer than 2,500 Monster Money options are actually purchased by participants.
41. Each contestant agrees to hold the Lake Champlain International, Inc. Board of Directors, LCI Father's Day Fishing Derby presented by Yamaha sponsors, their agents, employees and volunteers harmless from any liability of any nature for any injuries and/or damage suffered by the contestant in conjunction with the LCI Father’s Day Fishing Derby presented by Yamaha.
42. All entries are subject to review by LCI Father's Day Fishing Derby presented by Yamaha Officials. Lake Champlain International, Inc. reserves the right to change any entry which it believes to be in error (see Rule #13). The decision of the LCI Father's Day Fishing Derby presented by Yamaha Officials is final. In the event of a tie, the first fish weighed in will be declared the winner. All prizewinners will be posted at LCI Derby Headquarters, Colchester, Vermont, at noon on Tuesday, June 23, 2009. Participants who wish to contest posted LCI Father's Day Fishing Derby presented by Yamaha standings must do so by presenting a valid weigh-in form and registration form to LCI Father's Day Fishing Derby presented by Yamaha Officials prior to 2:00 p.m., June 23, 2009. Prizes will be announced, and lower-tier prizes will be presented, at the LCI Awards Ceremony on June 27, 2009. Results will be considered final at 5 p.m. on June 23, 2008, and all remaining prizes will be awarded subsequent to that final determination.
43. Participants must present challenges to the final standings, in writing, between noon and 2:00 p.m. June 23, 2009 at LCI Derby Headquarters.
44. Lake Champlain International, Inc. reserves the right to change these rules at any time without notice.
Dispute Resolution/Arbitration
45. In the event of any dispute between the parties with respect to any matter covered by these rules, the parties shall first use their best efforts to resolve such dispute among themselves. If the parties are unable to resolve the dispute within thirty (30) calendar days after the commencement of efforts to resolve the dispute, the dispute will be submitted to arbitration in accordance with the following provisions. The arbitrator in such arbitration may rule on any and all claims or controversies for which a federal or state court would be authorized to grant relief, whether or not arising out of, relating to, or associated with the activities of Lake Champlain International, Inc. All claims shall be determined under the law of the State of Vermont, without regard to conflict of law principles. a. Either Lake Champlain International, Inc. or the LCI Father’s Day Fishing Derby presented by Yamaha participant may submit any matter referred to above to arbitration by notifying the other party, in writing, of such dispute. Within ten (10) days after receipt of such notice, Lake Champlain International, Inc. and the LCI Father’s Day Fishing Derby presented by Yamaha participant shall designate in writing one arbitrator to resolve the dispute; provided, however, that if such parties cannot agree on an arbitrator within such ten (10) day period, the American Arbitration Association shall select the arbitrator. The arbitrator so designated shall not be an employee, consultant, officer, director, or member of any party or an affiliate of or relation to any party. b. Within fifteen (15) days after the designation of the arbitrator, the arbitrator, Lake Champlain International, Inc. and the LCI Father’s Day Fishing Derby presented by Yamaha participant shall meet, at which time shall be required to set forth in writing all disputed issues and a proposed ruling on each such issue. c. The arbitrator shall set a date for a hearing, which shall be no later than thirty (30) days after the submission of written proposals pursuant to subsection (b) immediately above, to discuss each of the issues identified by Lake Champlain International, Inc. and the LCI Father’s Day Fishing Derby presented by Yamaha participant. Each such party shall have the right to be represented by counsel. The arbitration shall be governed by the rules of the American Arbitration Association; provided, however, that the arbitrator shall have sole discretion with regard to the admissibility of evidence. d. The arbitrator shall use his or her best efforts to rule on each disputed issue within thirty (30) days after the completion of the hearings described in subsection (c) immediately above. Any ruling of the arbitrator shall be accompanied by a written opinion of the arbitrator detailing the arbitrator’s reasoning for such ruling. The determination of the arbitrator as to the resolution of any dispute shall be binding and conclusive upon all parties. All rulings of the arbitrator shall be in writing and shall be delivered to the parties. e. The prevailing party on each issue in any arbitration shall be entitled to an award of costs and expenses, including but not limited to reasonable attorneys’ fees, incurred in connection with the arbitration of such issue. The non-prevailing party on each issue shall pay such fees. The fees of the arbitrator and the costs and expenses of the arbitration shall be paid by the party not prevailing on a majority of issues submitted to such arbitration. f. Any arbitration pursuant to this section shall be conducted in Chittenden County, Vermont. Any arbitration award may be entered in and enforced by any court having jurisdiction thereover, and the parties hereby consent and commit themselves to the jurisdiction of the courts of the State of Vermont and any United States District Court in Vermont for purposes of the enforcement of any arbitration award. ACKNOWLEDGMENT OF ARBITRATION THESE RULES CONTAIN AN AGREEMENT TO ARBITRATE. THE PARTIES UNDERSTAND THAT NEITHER WILL BE ABLE TO BRING A LAWSUIT CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT, UNLESS IT INVOLVES A QUESTION OF CONSTITUTIONAL OR CIVIL RIGHTS. INSTEAD, WE AGREE TO SUBMIT ANY SUCH DISPUTE TO AN IMPARTIAL ARBITRATOR.
