2016 Tour Preferred Seeding and Sharing Program
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO REDEEM. VOID WHERE PROHIBITED.
SPONSOR: The sponsor of the 2016 Tour Preferred Seeding and Sharing Program ("Program") is Taylor Made Golf Company, Inc. d/b/a TaylorMade-adidas Golf Company ("Sponsor"), 5545 Fermi Court, Carlsbad, CA 92008.
PROGRAM DESCRIPTION: The Program begins at 12:00:00 a.m. Pacific Time on February 1, 2016 (“Start Date”) and ends when all 14,000 sleeves of TaylorMade Tour Preferred golf balls and 14,000 sleeves of TaylorMade Tour Preferred X golf balls have been given away or at 11:59:59 p.m. Pacific Time on August 1, 2016, whichever occurs first ("End Date”). By participating in the Program, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor which shall be final and binding in all respects.
ELIGIBILITY: The Program is open only to residents of the 50 United States of America or the District of Columbia who are the age of majority in their state of residence as of their time of entry. Employees of Sponsor, its licensors, and each of the foregoing entities' affiliates, authorized designees and other related entities, and any other individual or entity associated with the development, judging, or administration of the Program, (collectively, the "Program Entities"), as well as members of such employees' immediate families (spouses, children, siblings, parents), and persons living in the same household as such persons, whether or not related, are not eligible to participate in the Program.
HOW TO REGISTER: To register for the Program: go to the website located at www.taylormadegolf.com/seedingtourpreferred and complete and submit all registration information, including responses to the following registration questions:
GIVE-AWAY OF GOLF BALL SLEEVES/SELECTION CRITERIA: Entrants' answers to the registration questions will determine whether they will receive one (1) sleeve of Tour Preferred golf balls and one (1) sleeve of Tour Preferred X golf balls, as set forth below:
Entrants who answer the registration questions as follows will receive one (1) sleeve of each of Tour Preferred and Tour Preferred X golf balls while supplies last:
The approximate retail values (“ARV”) of one (1) sleeve of TaylorMade Tour Preferred or Tour Preferred X golf balls is $11.99. Sponsor reserves the right to modify or amend these Official Rules. Sleeves of each of Tour Preferred and Tour Preferred X golf balls are available only while supplies last.
general TERMS AND conditions: All results of the selection are final and binding, subject to these Official Rules. In the event an entry is discovered to be invalid for any reason whatsoever or the person who submitted the entry fails to comply with these Official Rules prior to delivery of golf ball sleeve(s), they may be forfeited and awarded to an alternate Recipient. No more than the advertised number of golf ball sleeve(s) will be awarded. Golf ball sleeve(s) will be delivered only to an address in the United States. No cash alternative or substitution of golf ball sleeve(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute golf ball sleeve(s) of comparable value, in whole or in part, for any reason. THE RECIPIENT IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING GOLF BALL SLEEVE(S) UNDER THIS PROGRAM; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
DATES AND DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Program, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Program. There are 14,000 sleeves of TaylorMade Tour Preferred golf balls and 14,000 sleeves of TaylorMade Tour Preferred X golf balls available. Golf ball sleeves available only while supplies last.
NOTICE TO RECIPIENTS: Attempts to notify Recipients will be made using the e-mail address provided at entry. Sponsor will send an e-mail confirmation notice to all Recipients upon redemption of the registration code and the submission of all required registration fields. Sponsor is not responsible for e-mail or other communication problems of any kind. If one or more sleeves of TaylorMade Tour Preferred or Tour Preferred X golf balls (each a “Program Product”), or an email notification sent by Sponsor to Recipient, is returned as unclaimed or undeliverable to such potential Recipient, such potential Recipient will forfeit his or her Program Product(s) and an alternate Recipient may be provided a new redemption code for that Program Product(s).
FURTHER DOCUMENTATION: If Sponsor elects to secure Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Program Entities (a) shall not be responsible or liable for any losses, damages, or injuries of any kind (including death) resulting from participation in the Program or any Program-related activity, or from entrants' acceptance, receipt, possession, use, or misuse of any Program Product, and (b) have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any Program Product, including, without limitation, regarding such item's quality or fitness for a particular purpose. Entrants will indemnify, defend, and hold harmless the Program Entities from and against all third party claims arising from or relating to entrant's participation in the Program. Sponsor assumes no responsibility for any damage to an entrant's computer system which is occasioned by accessing Program-related websites or participating in the Program, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen entries or notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Program or Program-related websites, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Program, or to annoy, abuse, threaten, or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event an insufficient number of eligible entries are received or Sponsor is prevented from awarding Program Products or continuing with the Program as contemplated herein by any event beyond its control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Program. If the Program is terminated for Force Majeure before the designated End Date, Sponsor will (if possible) select Recipients from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
PUBLICITY RELEASE: By participating in the Program, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in or Recipient of the Program, each entrant irrevocably grants the Program Entities and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, and responses to registration questions in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with the Program and hereby release the Program Entities from any liability with respect thereto.
GOVERNING LAW/JURISDICTION: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of entrants and Sponsor in connection with the Program shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of laws rules or provisions. Any legal claims arising from or relating to the Program or these Official Rules must be brought in the federal or state courts located in San Diego, California.
RECIPIENTS LIST/OFFICIAL RULES: To obtain any legally-required Recipients list (after the conclusion of the Program) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: TaylorMade-adidas Golf Company, ATTN: 2016 Tour Preferred Seeding and Sharing Program, 5545 Fermi Court, Carlsbad, CA 92008. Please specify "Recipients list" or "Official Rules" and the name of the Program in your request.