GolfPass - AP Birthday Giveaway

GolfPass - AP Birthday Giveaway
Official Rules
September 10, 2020 — September 11, 2020

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The GolfPass AP Birthday Giveaway (“Sweepstakes”) will begin on September 10, 2020 at 10:00 A.M. ET and end on September 11, 2020 at 6:00 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.

ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of the majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include GOLFNOW, LLC, 7580 Golf Channel Drive, Orlando, FL 32819, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), Corkcicle, LLC, and TaylorMade Golf Company, and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.

TO ENTER: You may enter the Sweepstakes through the following entry methods:

  1. Facebook Entry: To enter the Sweepstakes, during the Sweepstakes Period, use your personal Facebook account to visit the GolfPass Facebook page located at https://www.facebook.com/myGolfPass/ (“Facebook Page”) and click the “Like” button to like the Facebook Page. Then, submit as a “Comment” in the comments section of the Sweepstakes post that will be posted on the Facebook Page on September 10, 2020 on or about 10:00 A.M. ET (the “Facebook Post”) a statement describing your favorite Arnold Palmer memory (the “Facebook Entry”). The Facebook Entry must be submitted via a “Comment” on the Facebook Page or the Facebook Post. A Facebook account is required to enter the Sweepstakes via Facebook. If you do not already have a Facebook account, you can go to www.facebook.com to create a free Facebook account.
  1. Instagram Entry: To enter the Sweepstakes, during the Sweepstakes Period, use your personal Instagram account to visit the @GolfPass Instagram page located at https://www.instagram.com/GolfPass/ (“Instagram Page”) and click the “Follow” button to follow the Instagram Page. Then, submit as a “Comment” in the comments section of the Sweepstakes post that will be posted on the Instagram Page on September 10, 2020 on or about 10:00 A.M. ET (the “Instagram Post”) a statement describing your favorite Arnold Palmer memory (the “Instagram Entry”). If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. An Instagram account is required to enter the Sweepstakes via Instagram. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account.

Facebook Entries and Instagram Entries may be collectively referred to herein as “Entry” or “Entries.” All Entries become the property of Sponsors and will not be acknowledged or returned. If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.

Limit one (1) Facebook Entry and one (1) Instagram Entry per person, for a total of up to two (2) Entries per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before September 11, 2020 at 10:00 A.M. ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Facebook account or Instagram account used to enter will be deemed to be the entrant. “Authorized account holder” of Facebook account is defined as the person who is assigned to a Facebook account by the Facebook website. “Authorized account holder” of an Instagram account is defined as the person who is assigned to an Instagram account by Instagram. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Facebook and/or Instagram user name (as applicable), city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.

PRIVACY: By submitting an Entry, entrants agree to Sponsor’s privacy policy located at https://www.nbcuniversal.com/privacy.

WINNER SELECTION AND NOTIFICATION: On or about September 14, 2020, four (4) potential winners (“Winners,” each a “Winner”) will be selected in a random drawing by representatives of Sponsors, with two (2) potential Winners selected from all eligible Facebook Entries received during the Sweepstakes Period and two (2) potential Winners selected from all eligible Instagram Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winners via direct message to each potential Winner’s Facebook and/or Instagram account. Sponsors may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winners may be required to provide, execute, and return any information or documents as requested by Sponsors, including, without limitation, an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within seven (7) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner(s) may be selected from the remaining eligible Entries. If potential Winner(s) cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner(s) will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner(s) may be selected from the remaining eligible Entries. Limit one (1) Prize (defined below) per person, family, or household.

PRIZE: There will be four (4) prizes awarded (“Prizes,” each a “Prize”) to Winners. One (1) Prize will be awarded to each Winner. Each Prize will consist of the following: one (1) Corkcicle “Arnold Palmer Big Umbrella” 24oz. tumbler; one (1) dozen TaylorMade Tour Response golf balls. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.

Estimated Retail Value (“ERV”) of Prize is seventy-three dollars ($73.00). ERV of all Prizes is two hundred ninety-two dollars ($292.00). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.

All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winners. Prize cannot be transferred by Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winners. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.

CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Instagram, Facebook, and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Facebook Page and Instagram Page and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.

ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Facebook Page and Instagram Page. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.

WINNER ANNOUNCEMENT: For the names of the Winners, available after September 18, 2020, visit https://www.facebook.com/myGolfPass/ or https://instagram.com/GolfPass, or send a self-addressed, stamped envelope to be received by December 18, 2020 to: GolfPass AP Birthday Giveaway, Attn: GolfPass Social Media, 7580 Golf Channel Drive, Orlando, FL 32819.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.

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