TAYLORMADE “MADE FOR SCOTLAND” CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. THIS CONTEST 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 “Made for Scotland” Contest (the “Contest”) is sponsored by TaylorMade Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008 ("Sponsor"). The Contest 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. The prizes in this Contest involve travel to Scotland and golf play at four renowned golf courses for two winners and two guests, all as described in more detail in these Official Rules.
2. Eligibility. This Contest is open to legal residents of the United States who are 21 or older. Employees of Sponsor, GolfWRX Holdings, LLC, Visit Scotland, Ayrshire Golf, their respective affiliates, parent companies, subsidiaries, prize providers and advertising and promotion agencies (the “Contest 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. In addition, entrants must meet all of the following criteria (the “Eligibility Criteria”):
- Because the prize consists of rounds of golf at challenging golf courses with strict rules of play, you must be a regular, reasonably skilled amateur golfer with a handicap not greater than 20 for men or 30 for women and you must have acceptable proof of your handicap in the form of a printout of your GHIN handicap record.
- Current and former professional touring golfers and club pros are not eligible to enter or win. A “professional touring golfer” is a Class A-3 PGA Member (exempt, PGA Tour, Champions Tour, Nationwide Tour, LPGA Tour, and Futures Tour players). A “club pro” is a Class A-1 PGA Member (head professional at a PGA-recognized golf course).
- Because the prize requires travel out of the United States, you must have a valid United States passport as of the time of entry, which must remain valid for at least three months following the end of the Entry Period (defined below).
- You must be available for travel from May 28 through June 3, 2016.
- Any guest you intend to include in the prize if you are a winner must also meet all of the Eligibility Criteria.
If you do not meet all of the Eligibility Criteria, or if your intended guest does not meet all of the Eligibility Criteria, please do not enter. Entries from entrants who do not meet the Eligibility Criteria will not be judged.
3. How to Enter. Between 6:00 a.m. Pacific Time on May 2, 2016 and 11:59 p.m. Pacific Time on May 15, 2016 (the “Entry Period”) go to http://madeforscotland.taylormadegolf.com and complete the entry form by providing the following information: full name, email address, golf handicap range, frequency of golf activity, any significant golf accomplishments such as tournament victories, and your intended guest’s name, golf handicap range and frequency of golf activity. You must then explain, in 200 words or less, why you are the best person to win the prize (your “Submission”). Your Submission must comply with the requirements set out in Section 6 of these Official Rules. Limit one entry per person.
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.
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.
4. Judging Criteria; Winner Selection. All eligible entries will be reviewed by Sponsor’s panel of judges. Sponsor will rate entries using the following criteria:
- Your qualifications as a golfer.
- Your intended guest’s qualifications as a golfer.
- The creativity of your Submission.
- The persuasiveness of your Submission.
- The technical quality of your Submission (proper grammar, spelling, syntax, punctuation, etc.).
The judging criteria are not listed in any particular order and are not assigned a particular weight. Rather, the judges are looking for the entry and Submission that best satisfies all of the judging criteria in totality.
The two apparent prize winners will be selected as soon as possible following the end of the Entry Period and will be notified by email at the email address provided. The apparent winner must respond to the initial contact within twenty-four hours or that apparent winner will be disqualified and Sponsor will select the next-highest scoring entry and Submission, and so on, until two winners are successfully contacted and respond.
Each apparent winner, and each apparent winner’s proposed guest, must then sign and return to Sponsor via overnight delivery at Sponsor’s expense and within the time specified by Sponsor, a notarized affidavit of eligibility, liability release, and unless prohibited by law, publicity release. Failure to do so will result in disqualification of the apparent winner and selection of the next-highest scoring entry and Submission, and repetition of the qualification process until two qualified winners are selected, time permitting.
Limit one prize per household.
5. Prizes; Prize Terms. There are two prizes, each consisting of a round trip for two people to Scotland, 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 Glasgow, Scotland.
- Five nights hotel accommodation at The Gailes Hotel, Ayrshire, Scotland (single room, double occupancy).
- Group dinners May 29-June 3.
- Four rounds of golf for winner and guest:
- May 30: Western Gailes.
- June 1: Royal Troon (includes 9 holes with TaylorMade staff professional golfer Darren Cooke).
- June 2: Old Prestwick
- June 3: Dundonald Links.
- “Pint in the Pub” meet and greet with Darren Clarke, which will take place following the round at Royal Troon on June 1.
- Whisky Experience following the round of golf at Old Prestwick on June 3, consisting of a 45-minute whisky sampling experience at a local venue.
- One full set of TaylorMade golf clubs for the winner and winner’s guest.
- TaylorMade footwear and apparel for winner and winner’s guest (each will get four polo shirts, four outerwear pieces, and two pairs of shoes).
- Ground transportation to and from Glasgow Airport and hotel, and to golf courses and activities.
Winner and 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 winner and winner’s guest participating in such activities for such Licensed Entities’ promotional purposes.
The approximate retail value (“ARV”) of each prize is $5,000. 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 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.
6. Submission Guidelines. Your Submission must be an original, unpublished work that does 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 Contest, 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 Contest 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, GolfWRX Holdings, LLC, Visit Scotland, their respective 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. 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. ALL FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS APPLY. 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 Contest, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release and indemnify and hold the Contest Entities 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 Contest. By participating in this Contest, 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 Contest 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 Contest. 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 Contest Entities 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 Contest, 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 Contest; (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 Contest; (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 Contest.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should any cause or problem corrupt or inhibit the administration, fairness, security or proper operation of the Contest 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 Contest, or if technical difficulties compromise the integrity of the Contest, Sponsor reserves the right to void suspect entries and/or terminate the Contest (or any portion of the Contest) 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 Contest or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Contest 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 Contest 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 CONTEST, 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 CONTEST, 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 CONTEST, 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 CONTEST 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 31, 2016, to 5545 Fermi Court, Carlsbad, CA 92008, Attn.: Made for Scotland Contest Winners’ List.
12. Sponsor. TaylorMade Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008.