TAYLORMADE "M VS. THEM CHALLENGE" SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. General. The TaylorMade “M vs. Them Challenge” Sweepstakes (the “Sweepstakes”) is sponsored by Taylor Made Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008 ("Sponsor"). The Sweepstakes is subject to these Official Rules and to all applicable federal, state and local laws. Void in Puerto Rico, United States possessions and territories, and where prohibited or restricted by law.
This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, or Instagram.
2. Eligibility. This Sweepstakes is open to legal United States residents of the 50 United States and the District of Columbia who are 18 or older. Employees of Sponsor, its affiliates, parent company, subsidiaries, prize providers, and advertising and promotion agencies (the “Sweepstakes Entities”), together with the immediate families (spouses, parents, siblings, and children) and those persons living in the same household as such employees (whether or not related), are not eligible to enter or win.
3. How to Enter. The entry period (“Entry Period”) is from 6 a.m. Pacific Time on October 7, 2016 until 11:59:59 p.m. Pacific Time on October 30, 2016. First, visit your participating local TaylorMade authorized retailer and demonstrate any TaylorMade M family product vs. an equivalent competitor’s product (for example, M2 iron vs. a competitor’s iron, M1 driver vs. a competitor’s driver). Then, post a picture of yourself with the M family product on Facebook, Twitter, or Instagram with #MvsThemSweepstakes (your “Submission”). See www.taylormadegolf.com/retailers for a list of authorized retailers.
You may also enter by just making a Submission (that is, posting a picture of yourself with an M family product).
All Submissions must comply with the requirements set out in Section 6 of these Official Rules. By making a Submission, you give Sponsor permission to publish your Submission (including your name, Facebook user name, Twitter user name, or Instagram user name, as applicable) in any and all media, including, without limitation, on www.taylormadegolf.com and Sponsor’s social media channels. Limit one entry per person.
Instagram is a free mobile application, and creating a Facebook or Twitter account is free, but in each instance your use is subject to the service’s terms and conditions. If you use your mobile device to enter, your wireless service carrier’s standard charges, data rates and other fees may apply. You understand that by participating in this Sweepstakes via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which may be subject to charges pursuant to your carrier’s rate plan.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address or mobile phone number used to set up the Facebook, Instagram or Twitter account used for entry will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The authorized account holder of a mobile phone number is the natural person in whose name the phone or telephone number has been issued and to whom services are billed. The potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address or mobile phone number.
All entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or sweepstakes service) will be disqualified and transmissions from these or related email or IP addresses may be blocked. All entries must be received and recorded during the Entry Period to be eligible. Sponsor or Sponsor’s representative’s computer is the official timekeeping device of the Sweepstakes.
4. Prizes; Prize Terms.
(a) Grand Prizes. There are two grand prizes, each consisting of a round trip for two people to the AT&T Pebble Beach Pro-Am® from February 7-9, 2017, each including the following elements:
- Round trip coach airfare for two from a major commercial airport near the winner’s city of residence, as determined by Sponsor in its sole discretion, to a major commercial airport near the destination, as determined by Sponsor in its sole discretion.
- Two nights hotel accommodation at a hotel selected by Sponsor in its sole discretion (single room, double occupancy).
- One round of golf for winner and guest at the Links at Spanish Bay®.
- Tickets to the AT&T Pebble Beach Pro-Am.
- TaylorMade swag bag for each winner and guest, including a hat, two dozen Project (a) golf balls, a Microfiber Players Towel, and a Pom Pom Fairway headcover.
- Ground transportation to and from destination airport and hotel, and to golf courses and activities.
Grand prize winner and grand prize winner’s guest must agree (a) to use good faith efforts to participate in all available activities; (b) to permit the Licensed Entities (as defined in Paragraph 6) to use images of grand prize winner and grand prize winner’s guest participating in such activities for such Licensed Entities’ promotional purposes.
The approximate retail value (“ARV”) of each grand prize is $2,901.90. Actual value of the prize depends upon point of departure and any airfare fluctuations. Any difference between the ARV and the actual value of the prizes will not be awarded. The prize will be considered compensation to the winners. All federal, state, municipal and local taxes associated with receipt or use of a prize are the sole responsibility of winner. Sponsor will file an IRS Form 1099 for the value of the prize, and winner will be required to furnish his or her social security number and complete and return an IRS W-9 form for purposes of same. Please note that there is no cash award associated with the prize.
Winner and guest must travel together on the same itinerary on the dates and times determined by Sponsor in its sole discretion. All travel, including airline flights and hotels, is subject to availability, holiday and blackout dates, and all other prize and travel restrictions. Travel and hotel arrangements will be as determined by Sponsor in its sole discretion. All prize elements must be booked and redeemed at the same time, and no changes shall be permitted after confirmation. Once determined, no change, extension or substitution of dates for the trip is permitted, except by Sponsor in its sole discretion.
Except as indicated above, no other travel elements (including, without limitation, travel to and from the airport near winner’s residence, airport or airline taxes, baggage fees, in-room hotel charges, charges for hotel amenities, insurance, gasoline, meals, gratuities, additional ground transportation, parking, souvenirs, etc.) are included as part of the prize. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the prize, and is not responsible or liable for any expenses incurred as a consequence thereof. Winner and guest specifically release Sponsor, Facebook, Twitter, and Instagram from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restaurateurs, golf course facilities, transportation providers, medical personnel or other providers of services or facilities. In the event that any scheduled activity does not or cannot take place during winner's trip as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, inclement weather, an event of force majeure, or for any other reason, then the remaining components, if any, of the prize shall constitute full satisfaction of Sponsor's prize obligation to the winner, and no other or additional compensation will be awarded. If winner chooses to take the trip without the allotted guest, the remaining elements of the prize shall be awarded and shall constitute full satisfaction of Sponsor's prize obligation to winner and no additional compensation will be awarded.
(b) Second Prizes. There are ten (10) second prizes, each consisting of a year’s supply of TaylorMade Project (a) golf balls, fulfilled by providing the winner one (1) dozen Project (a) balls for each of twelve (12) consecutive calendar months. The ARV of each second prize is $455.88.
(c) Third Prizes. There are fifty (50) third prizes, each consisting of two dozen Project (a) golf balls and a TaylorMade hat. ARV of each third prize is $100.97.
The total ARV of all prizes is $15,411.10.
(d) General. Prizes are non-transferable; no substitutions or exchanges by winner permitted. Sponsor reserves the right, in its sole discretion, to substitute one or more elements of a prize for a prize of equal or greater value. Prizes may not be redeemed for cash value. Any difference between the ARV and the actual value of a prize will not be awarded. Winner is responsible for all other expenses associated with receipt and use of a prize. Sponsor has not made and is not responsible for, and hereby disclaims, any representation, warranty or guaranty, express or implied, in fact or in law, relative to any prize.
5. Winner Selection and Notification. The winners will be selected by random drawing by Sponsor or Sponsor’s representative from all eligible entries received during the Entry Period. Decision of Sponsor or Sponsor’s representative are final and binding. The drawing will take place on or about November 4, 2016. Odds of winning depend on the number of eligible entries received.
The potential prize winners will be notified by Sponsor by direct message or a comment or reply to the Submission, via the social media platform used to make the Submission. If a potential prize winner cannot be reached within seven (7) days of the first notification attempt, an alternate potential winner will be selected from the remaining eligible entries for that prize.
Each potential winner is subject to verification, including verification of age and residence. The potential winners must complete, sign and return to Sponsor an affidavit of eligibility and liability release and, except where prohibited by law, a publicity release within the time period designated by Sponsor. The grand prize winners’ guests must each also sign a liability and publicity release. If a potential winner fails to do so, that potential winner will be disqualified and an alternate winner selected from among remaining eligible entries. A guest may not accompany the grand prize winner on the grand prize trip unless the guest has signed and returned the release form. If a potential winner is found to ineligible, that winner will be disqualified and an alternate winner may be selected from the remaining eligible entries.
For the second and third prizes, after verification of eligibility and submission by winner of all required items, the prize will be shipped to the winner at Sponsor’s expense, to the address provided by winner at time of entry. It is winner’s sole responsibility to make sure that Sponsor has accurate address information for winner.
Limit one prize per household.
6. Submission Guidelines. Your Submission must consist only of a photo of you with the M family product and #MvsThemSweepstakes. Your Submission should not include a photo of a competitor’s product or any other verbiage. Without limiting the foregoing, Your Submission must not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity. A Submission must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, in violation of any applicable law, discriminatory in any way, or that promotes hatred, harm or discrimination against any group or person, or otherwise does not comply with the spirit and theme of the Sweepstakes, as determined by Sponsor and/or Sponsor’s representative in its sole discretion. Without limiting the foregoing, a Submission must not disparage Sponsor, any competitor of Sponsor, or any other Sweepstakes Entity. A Submission must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to applicable federal, state or local laws or regulations. By making a Submission, if others appear in your Submission, you attest that you have made all those appearing in the Submission aware that you are entering the Submission and that they have agreed that you may make the Submission. By making a Submission, entrant represents and warrants that (i) the Submission is the entrant’s original work and the entrant holds all rights to the Submission; (ii) the Submission has not previously been published or publicly shown or won a prize or award; (iii) the Submission complies with all applicable laws and does not infringe the rights of any third parties; and (iv) the entrant has the prior written consent of any other person(s) appearing in the Submission. By making a Submission, the entrant hereby irrevocably grants Sponsor, its parent, subsidiary and affiliated companies, and each of their respective licensees, distributors, agents, representatives and authorized users (collectively, the “Licensed Entities”) without the requirement of any further permission or payment, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submission, in whole or in part (including without limitation all names, voices and likenesses contained in the Submission), as well as other photos, videos, audio, or other depictions of winner, in all means and media now known or hereafter devised for any and all purposes, including, without limitation, advertising, promotional, marketing, publicity or commercial purposes, except where prohibited by law. Entrant shall have no right to review or approve edits, alterations or modifications, and the entrant waives the benefit of any provision of law known as “moral rights”.
7. General. THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. By participating in the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release and indemnify and hold the Sweepstakes Entities, Facebook, Twitter, and Instagram, and their respective officers, directors, employees and representatives harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Sweepstakes. By participating in this Sweepstakes, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsor and/or Sponsor's representative, whose decisions are binding and final on all matters related to this Sweepstakes. By accepting any prize, winner grants to Sponsor the right to use his/her name, likeness, hometown and biographical information, for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, without further permission or compensation, except where prohibited by law. By accepting any prize, each winner agrees for himself/herself and for their heirs, executors and administrators to release and indemnify and hold the Sweepstakes Entities, Facebook, Twitter, and Instagram, and their respective officers, directors, employees and representatives harmless from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize, or while preparing for, participating in and/or traveling to or from any prize related activity and claims based on rights of publicity, rights of privacy, defamation or prize delivery.
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Sweepstakes; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (d) inaccessibility or unavailability of the internet; or (e) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or result from any attempt to participate in the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should any cause or problem corrupt or inhibit the administration, fairness, security or proper operation of the Sweepstakes and, in such situation, to select the winners in such manner as deemed fair and appropriate by Sponsor. If, in the Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect entries and/or terminate the Sweepstakes (or any portion of the Sweepstakes) and select a winner using all known eligible non-suspect entries received as of the date of termination. Sponsor may prohibit entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law. Sponsor is not responsible for typographic or printer's errors. In no event will more than the number of prizes stated in these Official Rules be awarded.
8. WAIVER. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZES OR OFFERS AWARDED, SHALL BE RESOLVED INDIVIDUALLY, 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 THE SWEEPSTAKES, BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.
9. Governing Law. THIS SWEEPSTAKES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN DIEGO COUNTY, CA.
11. Winner's List. The names of the winners can be obtained by mailing a request including a self-addressed postage-paid envelope, postmarked by December 31, 2016, to 5545 Fermi Court, Carlsbad, CA 92008, Attn.: M vs. Them Challenge Sweepstakes Winners’ List.
12. Sponsor. TaylorMade Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008.