WIN AN M1 DRIVER SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. General. The Win An M1 Driver Sweepstakes (the “Sweepstakes”) is sponsored by TaylorMade 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 where prohibited or restricted by law.
2. Eligibility. This Sweepstakes is open to legal United States residents who are over the age of majority in their state of residence as of the time of entry. Employees of Sponsor, Golfsmith International, Inc., their respective affiliates, parent companies, 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. Entry Period. The entry period (“Entry Period”) is on March 26, 2016, from 10 a.m. until 4 p.m. local time for the applicable participating Golfsmith retail store. Sponsor’s (or Sponsor’s designated representative's) computer is the official timekeeper for the Sweepstakes.
4. How to Enter and Free Gift. You may enter during the Entry Period by visiting a participating Golfsmith retail store in the contiguous United States (each, a “Participating Store”). First, try on a pair of adidas Tour 360 BOOST golf shoes, and you will receive a free gift of a two-pack of TaylorMade Project (a) golf balls, while supplies last. Limit one free gift per person. Free gift has no cash value. No rain checks will be given.
Next, enter by completing and submitting a registration form with all required information, including, without limitation, name, address, and email address. You will also be given the option to receive promotional emails from Sponsor. Consent to receive such emails is optional, is not required for entry, and does not improve your chances of winning. Entry forms must be completed by hand. Limit one (1) entry per person. Any other form of entry is void. In the event of a dispute over the identity of an entrant, the authorized account holder of the email address given at time of 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 potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address.
5. Prize. There is one (1) prize, a TaylorMade M1 driver signed by Jason Day. The approximate retail value (“ARV”) of the prize is $499. Any difference between the ARV and the actual value of the prize will not be awarded. Winner is responsible for all other expenses associated with receipt and use of a prize.
The prize will be considered compensation to the winner. All federal, state, municipal and local taxes associated with receipt or use of a prize are the sole responsibility of winner.
6. Winner Selection and Notification. The winner will be selected in a random drawing by Sponsor or Sponsor’s representative from all eligible entries received during the Entry Period at all Participating Stores. Decision of Sponsor or Sponsor’s representative are final and binding. The drawing will take place on or about April 26, 2016. Odds of winning depend on the number of eligible entries received at all Participating Stores. Limit one (1) prize per household.
The potential prize winner will be notified by Sponsor via the email address associated with the entry. If a potential prize winner cannot be reached by email within seven (7) days of the first notification attempt, an alternate potential winner will be selected from the remaining eligible entries for that prize.
The potential winner is subject to verification, including verification of age and residence. The potential winner 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. If a potential winner fails to do so, that potential winner will be disqualified and an alternate winner selected from among remaining eligible entries. 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.
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.
7. General. THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. 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.
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 the prize.
By participating in the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release, hold harmless, indemnify and defend the Sweepstakes Entities and their respective officers, directors, employees and representatives 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, winner agrees for himself/herself and for his/her heirs, executors and administrators to release, hold harmless, indemnify and defend the Sweepstakes Entities and their respective officers, directors, employees and representatives 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 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 THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (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 May 15, 2016, to 5545 Fermi Court, Carlsbad, CA 92008, Attn.: Win An M1 Driver Winners’ List (Golfsmith).
12. Sponsor. TaylorMade Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008.