TAYLORMADE WHITE ELEPHANT GIFT EXCHANGE CONTEST
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
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 White Elephant Gift Exchange 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. This Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram. The Contest has two phases: the entrant selection phase and the gift exchange game phase (the “Game”).
2. Eligibility. This Contest is open to legal United States residents of the 50 United States and the District of Columbia who are over the age of majority in their state of residence, and who have an Instagram account and follow TaylorMade Golf on Instagram. You may access Instagram either through the Instagram mobile application or online at www.instagram.com. Employees of Sponsor, its affiliates, parent company, 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.
3. Entrant Selection Phase. The entrant selection phase will begin at 6:00 a.m. Pacific Time on November 27, 2015 and conclude at 11:59 p.m. Pacific Time on December 6, 2015 (the “Entry Period”). To be considered, go to www.taylormadegolf.com/WhiteElephant and complete the entry form by providing the following information: full name, email address, golf handicap range (if applicable), level of activity on Instagram (hours, daily, weekly, monthly, or yearly), confirmation that you will have access to Instagram every day during the month of December, and explaining, in 100 words or less, why you are the perfect candidate to be part of the Game (your “Pitch”). Your Pitch must comply with the requirements set out in Section 6 of these Official Rules. Because the Game will require frequent monitoring of Instagram in order to determine if you have been selected to play the Game, as well as to ensure that the Game continues to be played in a timely manner, you must respond to Instagram messages from Sponsor within twenty-four hours of posting. Limit one entry per person and Instagram account.
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.
If you use your mobile device to enter or participate in this Contest, your wireless service carrier’s standard charges, data rates and other fees may apply. You understand that by participating in this Contest 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.
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 will initially select nine Game Participants from among all eligible submissions. The selection criteria include level of Instagram activity and creativity and persuasiveness of the Pitch. If a Game Participant is disqualified, Sponsor will select an alternate Game Participant based on the next highest scoring submission, and so forth, as necessary to have nine Game Participants throughout the Game.
4. Game Phase. The Game phase will begin when Sponsor posts a message on Instagram announcing the first Game Participant, at approximately 8 a.m. Pacific Time on December 8, 2015. There are nine prizes available: One Dustin Johnson test product M1 driver (approximate retail value (“ARV”) $499.99); one Jason Day test product M1 driver (ARV $499.99); one Justin Rose test wedge set (ARV $479.97); One Sergio Garcia 7 piece PSi iron set (ARV $962.49); a twelve-month supply of Tour Preferred golf balls (ARV $599.88); a twelve-month supply of Tour Preferred X golf balls (ARV $599.88); a twelve-month supply of Project a golf balls (ARV $419.88); one Missing M staff bag (ARV $419.99); and one Rossa Limited Edition ItsyBitsy putter (ARV $500). “Test product” refers to product that has been used by the named player for demonstration or publicity purposes. Golf ball prizes consist of one dozen of the applicable balls each month for twelve consecutive calendar months.
Each prize will be represented in the Game by a numbered box (1-9). The Game Participants will not know which prize corresponds with which numbered box until that box is selected.
Sponsor will post a message on Instagram announcing the first Game Participant on or around 8 a.m. Pacific Time on December 8, 2015. For example, “@[Instagram User Name of first Game Participant], congratulations! You are the first participant in the #TaylorMadeWEcontest! You have 24 hours to select a box and unveil that prize. Make your move!” The first Game Participant must respond to the message by selecting a box number and using the hashtag #TaylorMadeWEcontest. For example, “@taylormadegolf, I select Box 5! #TaylorMadeWEcontest.” Sponsor will then reveal the prize represented by Box 5 via Instagram message. The first Game Participant will receive that prize, unless the prize is “stolen” by another Game Participant as described below.
The second Game Participant will then be announced in the same manner as the first Game Participant. The second Game Participant will then have up to 24 hours to select a box in the same manner as the first Game Participant OR the second Game Participant may elect to “steal” the first Game Participant’s prize. If the second Game Participant chooses to “steal” the first Game Participant’s prize, the first Game Participant will have 24 hours to select another box and that prize will be revealed. At that point the Game will continue with the third Game Participant, who can either select a box or “steal” from either the first or second Game Participant, and so on until all prizes have been finally selected. If a Game Participant’s prize is “stolen” that Game Participant can either select a new box (if any unopened boxes remain) or they may “steal” from the opened prizes, but no prize may be “stolen” more than two times, and a Game Participant whose prize is “stolen” cannot “steal” that prize back on his or her next play, but may “steal” that prize back if that Game Participant has another turn later in the Game and the prize in question has not been “stolen” twice.
Each move must be made within 24 hours. All time limits will be strictly enforced, and Game Participants are encouraged to make their selections as quickly as possible in order to keep the momentum of the Game going. If a Game Participant does not respond within the required time frame, or otherwise violates any of these Official Rules, that Game Participant will be disqualified and an alternate selected. The alternate Game Participant will take over from the disqualified Game Participant at whatever point in the Game the disqualification occurs.
The decisions of Sponsor with respect to all aspects of Game play are final and binding in all respects.
Game Participants may make additional social media posts about the Game, but all such posts are subject to the submission guidelines set out in Section 6 and MUST contain the hashtag “#TaylorMadeWEcontest”. Failure to comply in all respects may result in disqualification.
The odds of receiving any specific prize as of the start of the Game are 1:9. As the Game progresses prizes will become unavailable. The odds of receiving a prize are 1:1.
5. Prize Terms and Fulfillment. Any difference between the ARV and the actual value of the prizes will not be awarded. The winners are responsible for all other expenses associated with receipt and use of a prize.
The prizes 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 any prize valued at $600 or greater. The winner of any such prize will be required to furnish his or her social security number for purposes of same. Please note that there is no cash award associated with any prize.
Each potential winner is subject to verification, including verification of residence. Each 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. In addition, the winner of any prize valued at $600 or more must complete and return and IRS W-9 form. If a potential winner fails to do so, that potential winner will be disqualified and their prize will be forfeited.
Prizes will be shipped to winners at the addresses provided by winners. Sponsor anticipates that winners will receive prizes on or around January 9, 2016, but there may be a delay depending on the length of time necessary to qualify winners.
6. Submission Guidelines. Your Pitch and, if you are selected as a Game Participant, all other content that you may post on social media as part of the Game, are considered a “Submission.” 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, any other Contest Entity, or any other Game Participant. 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), 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. Any difference between the stated ARV of a prize and the actual value of a prize will not be awarded. All other expenses on the receipt and use of a prize not specifically mentioned herein are solely the responsibility of the winner.
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 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 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, 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 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, the Instagram service, or any combination thereof, or any change in Instagram’s terms of service or service offerings; 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 January 15, 2016, to 5545 Fermi Court, Carlsbad, CA 92008, Attn.: White Elephant Gift Exchange Contest Winners’ List.
12. Sponsor. TaylorMade Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008.