GolfPass & TaylorMade's One Year of Golfballs Giveaway - Official Rules

GolfPass and TaylorMade's One Year of Golf Balls Giveaway

Official Rules

March 13, 2020—March 16, 2020

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The GolfPass and TaylorMade One Year of Golf Balls Giveaway (“Sweepstakes”) will begin on March 13, 2020 at 10:00 A.M. ET and end on March 16, 2020 at 4:00 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: Sweepstakes open only to: (i) 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 (ii) permanent legal Canadian residents residing in Canada (excluding the Canadian Province of Quebec), and who are eighteen (18) years of age or older and of the age of majority in their state or province 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 TGC, LLC, 7580 Golf Channel Drive, Orlando, FL 32819, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), TaylorMade Golf Company, Inc. (“Prize Provider”), 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: 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 (the “Page”) and click the “Like” button to like the Page. Then, submit as a “Comment” in the comments section of the GolfPass Sweepstakes post that will be posted on the Page on March 13, 2020 at or about 10:00 A.M. ET (the “Post”) a statement (“Statement”) that describes your dream golf foursome (“Entry”). Entry must be submitted via a “Comment” on the 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 https://www.facebook.com/ to create a free Facebook account.

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

By entering the Sweepstakes, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Statement and to incorporate the Statement in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Statement will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Statement contains material that is violent, pornographic, obscene, illegal, inappropriate, disparaging, or racially or morally offensive or if any Statement does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statement (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Statement.

Limit one (1) Entry per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries must be received before March 16, 2020 at 4:00 P.M. ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, 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 will be deemed to be the entrant. “Authorized account holder” of a Facebook account is defined as the person who is assigned to a Facebook account by Facebook. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Facebook user name, 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.

WINNER SELECTION AND NOTIFICATION: On or about March 18, 2020 one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winner via comment on the Post and/or direct message to potential Winner’s Facebook account. Sponsors may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release, along with any other documents and/or information requested by Sponsors (collectively, “Sweepstakes Documents”), within three (3) days of such notification. If potential Winner is a Canadian resident, before being declared an actual Winner, the selected entrant must also correctly answer, unaided, a mathematical skill-testing question to be administered by Sponsors within the above-stated time period. Noncompliance within this time period may result in disqualification. If potential Winner 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 will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.

PRIZE: There will be one (1) prize (“Prize”) awarded to Winner. Prize consists of the following: twelve (12) dozen TaylorMade Tour Response golf balls. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.

Estimated Retail Value (“ERV”) of Prize is four hundred twenty dollars ($420). 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 more, 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 prize values are stated in United States dollars.

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 a Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner.

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, 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 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 Winner 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 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 (HOWEVER, THE LAWS OF CANADA SHALL APPLY VIS-À-VIS ANY ENTRANT WHO IS RESIDENT IN CANADA AS WILL THE LAWS OF ANY CANADIAN PROVINCE OR CANADIAN MUNICIPALITY THAT APPLY TO ANY RESPECTIVE CANADIAN ENTRANT AND NOTWITHSTANDING ANYTHING CONTAINED IN THIS PARAGRAPH WHERE A CANADIAN ENTRANT IS INVOLVED THE COURTS OF THE PROVINCE OF ONTARIO SHALL HAVE EXCLUSIVE JURISDICTION IN RELATION TO ANY MATTER RELATING TO SUCH PERSON). 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 name of the Winner, available after March 25, 2020, send a self-addressed, stamped envelope to be received by May 25, 2020 to: GolfPass and TaylorMade One Year of Golf Balls Giveaway, Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819.

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