Terms and Conditions
Last updated: 31 May 2019
NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. Odds of winning depend upon the number of eligible entries received. Competition is subject to all applicable federal, state, provincial and local laws.
“Competition”: GOLFPASS Team TaylorMade Experience Sweepstakes
“Website”: GOLFPASS with the URLs https://www. GOLFPASS.com/TeamTaylorMade or https://www.GOLFPASS.co.uk/TeamTaylorMade
“Minimum Age”: 18
“United Kingdom/Ireland Territory”: United Kingdom and Ireland
“United States/Canada Territory”: United States (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) and Canada (excluding the Canadian Province of Quebec)
“Prize”: The Prize will consist of the following:
· Roundtrip, coach-class air transportation for Winner and one (1) guest (“Guest”) from a major commercial airport near Winner’s home (as determined by the Promoter in its sole discretion) to Palm Beach, Florida or Miami, Florida (as determined by the Promoter in its sole discretion);
· Six (6) day / five (5) nights’ standard hotel accommodations (one room, double occupancy, room and tax only) for Winner and one (1) Guest at the PGA National Resort & Spa in West Palm Beach, Florida (or ay another hotel as determined by the Promoter in its sole discretion);
· One (1) rental vehicle (vehicle rental and associated vehicle rental tax only; make and model to be determined by the Promoter in its sole discretion) for Winner and one (1) Guest for six (6) days (driver must be twenty-five (25) years of age or older, have a valid driver's license and major credit card (subject to terms and conditions of rental car company) and will be responsible for any associated additional costs (including insurance, gas, GPS, etc.)) (“Rental Car”);
· Admission for Winner and one (1) Guest to an exclusive Team TaylorMade Experience event, scheduled to take place on September 10, 2019 in or around Palm Beach, Florida (“Event”);
· One (1) ninety (90) minute group lesson for Winner and one (1) Guest with golf instructor Michael Bannon (all details of lesson, including date, time location and number of participants, to be determined by Promoter in its sole discretion) (“Lesson”);
· Four (4) rounds of golf for Winner and one (1) Guest at the PGA National Resort and Spa golf courses (as determined by Promoter in its sole discretion) (“Rounds”); and
· TaylorMade and Bushnell Golf equipment, clubs and/or attire for Winner and one (1) Guest (as determined by the Promoter in its sole discretion).
“Number of United Kingdom/Ireland Winners”: One (1)
“Number of United States/Canada Winners”: One (1)
“Start Date”: 12:01:00 (EST) on 10 June 2019 “Closing Time”: 18:59:59 (EST) on 21 July 2019
“Selection Period”: 22 July 2019
“Notification Period”: 23 July 2019
“Response Deadline”: Twenty One (21) days after the date of the Prize Notification (see paragraph 7 below).
“Delivery Timescale”: up-to Twenty One (21) days from the date the Promoter receives a Response (see paragraph 7 below)
“Entry Limit”: Once during the Competition
By entering the Competition on the Website, you acknowledge and agree that you accept and will be bound by the following terms and conditions (“T&Cs”) relating to the Competition. 1. PROMOTER: The promoter of the Competition is NBCUniversal Media, LLC (“Promoter”), a company registered in Delaware with registered number 2090232 and whose registered office is at 30 Rockefeller Plaza, New York, NY 10112 (“Registered Office”). If you have any questions or concerns in relation to the Competition, you can write to the Promoter at TGC, LLC, Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819 or email the Promoter at Promotions@GolfChannel.com, marking your letter or email for the attention of Golf Channel Consumer Promotions and giving the name of the Competition and details of the question or concern.
2. ELIGIBILITY: (a) AGE Entrants must be the Minimum Age or over and the age of majority in an entrant’s state of residence if such entrant resides in the United States/Canada Territory. (b) RESIDENCE Entrants must be legally resident in the United Kingdom/Ireland Territory or the United States/Canada Territory. (c) EMPLOYEES The following entities or persons are not eligible to enter the Competition: (i) any employee or agent of the Promoter and their immediate families and household members; (ii) any employee of any entity within the same corporate group as the Promoter; (iii) any person who is, and any employee of any entity which is, involved in any way with the organisation, management, promotion and/or administration of the Competition, including without limitation any persons or entities providing the Prize. (d) EMAIL ADDRESS Entrants must have a valid email account to enter the Competition. (e) INELIGIBLE ENTRIES The Promoter reserves the right in its sole discretion at any time to (i) ask any entrant for proof that they satisfy any and all applicable eligibility requirements and to (ii) disqualify an entrant from the Competition in accordance with paragraph 8 below if, in the reasonable opinion of the Promoter, that entrant has not proved to the Promoter that they satisfy any and all eligibility requirements for the Competition.
3. DATES: The Competition starts on the Start Date and closes at the Closing Time. Any entries received before the Competition opens and/or after the Closing Time (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason) will be invalid and will not be entered into the Competition. Proof of sending an entry does not constitute proof of receipt of that entry and the computer of the individual administering the Competition on behalf of the Promoter will be the official timekeeper for all matters relating to the Competition.
4. ENTRY: (a) GENERAL Entrants must follow the Competition instructions set out on the Website (“Competition Instructions”) to enter. Once an entry is submitted, it cannot be amended in any way. The Promoter will not accept entries which (i) do not comply with the Competition Instructions and/or these T&Cs and/or (ii) entries which, in the reasonable opinion of the Promoter, are illegible, unviewable, indecipherable, inaudible, incomplete, incomprehensible, damaged and/or otherwise defective (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason). By using the Website to enter the Competition, entrants agree that they are also bound by the Website terms and conditions. If an entrant chooses to submit an entry via his/her web-enabled mobile device, data rates may apply. Entrants should see their wireless service provider for more details on rates and capabilities. (b) MULTIPLE, AUTOMATED AND MACHINE ASSISTED ENTRIES The number of times an entrant may enter the Competition is restricted to the Entry Limit and entrants may not submit more entries than the number specified as the Entry Limit. Where the Entry Limit limits the number of entries on a “per day” basis, the day will start at 00:00:01 (GMT) and will end at 23:59:59 (GMT). Any entries made by an entrant in excess of the Entry Limit will be invalid and will not be entered into the Competition. Entrants are not permitted to enter as part of a syndicate or on behalf of any other person or entity. The authorised holder of the email account used to enter the Competition will be deemed to be the Competition entrant. The Promoter reserves the right to disqualify, in accordance with paragraph 7 and 8 below, any entries which, in the Promoter’s reasonable opinion, appear to be multiple (in violation of the Entry Limit), bulk, automated, machine assisted, third party, syndicate and/or other group entries. (c) LOST ENTRIES The Promoter has no liability for any entry that is not received by the Promoter (whether due to human error on the part of the entrant, technical issues, network congestion and/or for any other reason). Proof of sending an entry does not constitute proof of receipt of that entry. (d) WEBSITE ACCESS The Promoter does not guarantee continuous, uninterrupted or secure access to the Website and/or the Competition page on the Website and has no liability for any technical issues whatsoever encountered by entrants to the Competition.
5. SELECTION OF WINNERS: Within the Selection Period, representatives of the Promoter will randomly select the Number of United Kingdom/Ireland Winners from the pool of entrants who are eligible to be entered into the random prize draw and are residents of the United Kingdom/Ireland Territory (“United Kingdom/Ireland Winner”). Within the Selection Period, representatives of the Promoter will randomly select the Number of United States/Canada Winners from the pool of entrants who are eligible to be entered into the random prize draw and are residents of the United States/Canada Territory (“United States/Canada Winner”). The United States/Canada Winner and the United Kingdom/Ireland Winner may be collectively referred to herein as “Winners” and or each a “Winner”. The pools of entrants will be made up of all entrants who satisfy the eligibility requirements and the other rules, requirements and instructions set out in these T&Cs and the Competition Instructions and have not otherwise been disqualified from the Competition pursuant to these T&Cs. The random selection of the Winners will be made by (i) a computer process that produces verifiably random results, (ii) by an independent person, (iii) under the supervision of an independent person and/or (iv) in accordance with any other requirements of the laws and regulations applicable to the Competition in the United Kingdom/Ireland Territory or United States/Canada Territory, as applicable. Provided that the Promoter complies with these T&Cs and (where applicable) ensures that any independent selection process complies with these T&Cs, the selection of the Winners will be final and binding and no correspondence relating to selection of the Winners will be entered into by the Promoter.
6. PRIZE: (a) GENERAL The Winners will each win the Prize. Each Prize is strictly non-transferable, non-exchangeable and may not be re-sold. No cash or any other alternative is available for any Prize. If any Prize becomes unavailable for any reason, the Promoter reserves the right to substitute it with a prize that the Promoter reasonably deems to be of at least the same value. The Prize may be subject to additional terms and conditions as specified by issuer(s). Restrictions may apply. The Prize will be awarded “as is” with no warranty or guarantee, either express or implied by the Promoter. The Prize does not include and/or cover any and all costs, taxes, fees, expenses, including but not limited to: insurance (including but not limited to travel, car, medical insurance), ground transportation (other than as described above), parking, security and airport fees, meals, gratuities, and souvenirs, any visa-related costs, medical costs and/or arrangements not expressly specified in the Prize description (“Ancillary Costs”). Each Winner is solely responsible for any and all Ancillary Costs connected with their Prize and the Promoter is not liable to reimburse any Winner for any Ancillary Costs such Winner may incur. The Promoter makes no representation or warranty in relation to the Prize and, to the fullest extent permissible by law, the Promoter will have no liability to the Winners in relation to the Prize, the Prize’s fitness for purpose, merchantability or otherwise. The Promoter will have no liability in respect of the Prize if it is lost or stolen during or following delivery. (b) CHEQUES, VOUCHERS AND GIFTCARDS If the Prize is, or includes, a cheque, voucher, store credit and/or giftcard, these will be issued in the name of the Winner only and cannot be issued to any third party. The Promoter will have no liability in respect of such a Prize if a third party refuses to accept a cheque, voucher, store credit and/or giftcard because it has been tampered with, defaced, duplicated, damaged in any way and/or because it is no longer valid. The terms and conditions of any third party that issued and/or administers the cheque, voucher, store credit and/or giftcard will apply and the Promoter will have no liability in respect of such a Prize if a third party’s terms and conditions result in the winner being unable to use any element of the Prize or restrict Winner’s use of the Prize in any way. (c) PRIZE VALUE The Estimated Retail Value (“ERV”) of the Prize is fifteen thousand six hundred seventy-eight US dollars (US $15,678). All Prize values are stated in United States dollars. Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. For any Prize with an ARV over six hundred dollars ($600), Sponsors will furnish an Internal Revenue Service Form 1099 to United States/Canada Winner for the ARV of Prize for the year in which Prize was won (not applicable vis-à-vis any United States/Canada Winner who is a resident of Canada or any United Kingdom/Ireland Winner). (d) TRAVEL AND VISAS The Winner must be able to travel from September 8, 2019 through September 14, 2019 (or on such other dates designated by Promoter), or the Prize will be forfeited. Travel arrangements must be made through Promoter’s agent, on a carrier of Promoter’s choice. Certain travel restrictions and blackout dates may apply. Promoter has the right in its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (including but not limited to a valid government issued photo ID and/or passport and a valid visa for entry - if required) prior to departure, and failure to do so will result in forfeiture of the Prize. The Promoter will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. The Promoter is not liable for any expenses incurred as a consequence of flight cancellation/delay. Prize may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all Ancillary Costs associated with acceptance and/or use of Prize not specifically stated herein. If Winner is under twenty-five (25) years of age, he/she must be accompanied by a Guest who is at least twenty-five (25) years of age in order to rent the Rental Car, or Rental Car portion of the Prize will be forfeited. The Promoter shall have the right, but not the obligation, to make any deductions and withholdings that the Promoter deem necessary or desirable under applicable federal, state, provincial and local tax laws, rules, regulations, codes or ordinances. The Winner shall ensure that they satisfy all entry and exit requirements of the travel destination (including without limitation a requirement to hold a valid machine readable passport (in some cases with a specified amount of time left on the passport before its expiry date and/or with a specified number of unstamped pages), visa, ESTA and/or any other documentation).The Promoter will not be held liable if the Winner and/or their Guest is/are refused entry to or exit from the travel destination because they do not hold the necessary documentation and/or do not satisfy the travel destination’s entry or exit requirements and the Winner and their Guest are solely responsible for any costs associated with refused entry or exit. It is the responsibility of the Winner and their Guest to check any government travel advisories relating to the travel destination and to determine what action (if any) to take in relation to any such advisories. The Promoter will not be held liable if the Winner and their Guest do not check whether any relevant advisories have been issued, if they choose to travel despite the advice given in any relevant advisory or if they choose not to travel on the advice given in any relevant advisory (in which case the Promoter will not be obliged to provide any compensation (monetary or otherwise) to the Winner and their Guest). It is the responsibility of the Winner and their Guest to establish whether any vaccinations and/or prescription medicines are recommended prior to travel to the travel destination and the Promoter will not be held liable if the Winner and their Guest fail to make such checks or do not follow any advice received having made such checks. (e) EVENTS AND EXPERIENCES The Promoter shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of the Prize due to reasons beyond the Promoter’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. Dates and/or times of Event, Lesson and Rounds are subject to change. Event, Lesson and Rounds are subject to cancellation. If Winner chooses to participate in or attend the Event, Lesson or Rounds with no Guest, the remaining elements of the Prize shall constitute full satisfaction of the Promoter’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases, which must be returned prior to Guest’s participation in any portion of the Prize, or Guest portion of the Prize will be forfeited.
7. PRIZE CONFIRMATION AND ACCEPTANCE: (a) CONFIRMATION Within the Notification Period, the Promoter will notify each Winner that they have won the Prize by sending an email (“Prize Notification”) to the email address (“Email Address”) provided by such Winner at the time of entering the Competition or at the time of registration on the Website (as applicable). (b) ACCEPTANCE The Promoter must receive a response (“Response”) from each Winner to the Prize Notification by no later than the Response Deadline. The Response must be sent to the Promoter in accordance with the instructions contained in the Prize Notification and must include any information requested by the Promoter in the Prize Notification (including without limitation any information requested by the Promoter to prove that the applicable Winner satisfies the Competition eligibility requirements, an affidavit of eligibility, release of liability, and, except where prohibited, publicity release) and a Prize will not be released to any Winner unless and until all such information has been received by the Promoter. If the potential United States/Canada Winner is a Canadian resident, before being declared the actual United States/Canada Winner, the selected entrant must correctly answer, unaided, a mathematical skill-testing question to be administered as part of the affidavit of eligibility and release of liability that must be signed and returned, along with any other documents required by Promoter as part of the Response, prior to the Response Deadline. If, prior to the Response Deadline, (i) the Promoter does not receive a Response, (ii) the Response received by the Promoter does not include all information requested by the Promoter in the Prize Notification and/or (iii) the Promoter is unable to contact a Winner at the Email Address, the Promoter reserves the right to deem that Winner’s Prize forfeited and may, in its sole discretion, select another winner in that Winner’s place. Proof of sending a Response does not constitute proof of receipt of the Response. Subject to Promoter receiving a Response prior to the Response Deadline and all information requested by the promoter the Prize will be delivered to each Winner in accordance with the Delivery Timescale.
8. DISQUALIFICATION: The Promoter is entitled in its sole discretion at any time to disqualify any entrant and/or any individual entry from the Competition without any liability on the Promoter’s part if (i) that entrant and/or entry fails to comply with these T&Cs and/or the Competition requirements in any way and/or (ii) the Promoter has reasonable grounds to believe that that entrant has acted fraudulently, dishonestly, inappropriately and/or improperly in connection with the Competition. Without limitation, if the Promoter has reasonable grounds to believe that any entry has been generated by a script, software, macro or other automated means then the Promoter will be entitled to disqualify that entry and the relevant entrant in accordance with this paragraph. If a disqualified entrant is a Winner, the Promoter has the right to deem that Winner’s Prize forfeited and, if that Winner’s Prize has already been delivered to the disqualified Winner, the Promoter shall be entitled to recover that Winner’s Prize at that Winner’s cost.
9. PUBLICITY: The Winners may be required by the Promoter to participate in publicity in connection with the Competition, their Prize and/or the Promoter and by entering the Competition all entrants agree that if they win the Competition they will, participate in and cooperate with the Promoter in connection with any publicity activity reasonably requested by the Promoter. Entrants acknowledge and agree that copyright in any publicity materials in which they and/or their details appear is the property of the Promoter and that the Promoter will be entitled to exploit such publicity materials in any and all media throughout the world in any manner it deems fit.
10. WINNERS’ DATA: The Promoter reserves the right to publish in all media and to disclose to third parties each Winner’s surname and county of residence (“Winners’ Data”). The Winners’ Data can be obtained by sending a written request to the Registered Office marked for the attention of the Consumer Promotions Marketing Team, stating the name of the Competition and enclosing a stamped self-addressed envelope.
12. CONDITIONS: By entering the Competition, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Competition Entities and 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 or Competition 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 Competition 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 Website 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 T&Cs and to waive any right to claim any ambiguity or error therein or in the Competition 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 Competition at Sponsors’ sole discretion.
13. CANCELLATION AND AMENDMENT: The Promoter reserves the right to cancel, postpone and/or amend the Competition and/or these T&Cs at any time without prior notice if any unforeseen circumstances or circumstances beyond the Promoter’s reasonable control make it reasonably necessary or prudent to do so. The Promoter reserves the right to modify these T&Cs for clarification purposes without materially affecting the terms and conditions of the Competition.
14. SEVERABILITY: If any part of these T&Cs is be determined to be illegal, void and/or unenforceable by a court of competent jurisdiction, then such part shall be severed and deleted, to the extent of such illegality, invalidity or unenforceability, and the remaining parts of these T&Cs shall remain in full force and shall continue to be binding and enforceable to the maximum extent permitted by law.
15. RIGHTS OF THIRD PARTIES: These T&Cs do not create any right or benefit enforceable by any person not a party to them (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
16. JURISDICTION: THE COMPETITION AND THESE T&CS ARE 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. NOTWITHSTANDING, FOR ANY MATTER RELATING TO ANY ENTRANT WHO IS A RESIDENT OF THE UNITED KINGDOM OR IRELAND, THESE T&CS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND AND THE PROMOTER AND ALL SUCH ENTRANTS TO THE COMPETITION WHO ARE RESIDENTS OF THE UNITED KINGDOM OR IRELAND SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.