GolfPass Total Score Sweepstakes Terms & Conditions

Terms and Conditions

Last updated: 25 August 2019

PRELIMINARY INFORMATION:

PRELIMINARY 1: NO PURCHASE, PAYMENT OR SUBSCRIPTION NECESSARY. Making a purchase, payment or subscription will not improve your chances of winning. Void where prohibited. Odds of winning depend upon the number of eligible entries received and Rory McIlroy’s results in the TOUR Championship (defined below). Competition is subject to all applicable federal, state, provincial and local laws.

PRELIMINARY 2: This Competition is contingent on Rory McIlroy winning the TOUR Championship golf tournament, scheduled to be played August 22-25, 2019 at the East Lake Golf Club in Atlanta, Georgia, United States (“TOUR Championship”). If Rory McIlroy wins the TOUR Championship, the Start Date for the Competition will be August 25, 2019 at or about 18:00:00 EST (or at such other date/time, as determined by Promoter in its sole discretion, based on the completion of play and/or announcement of the TOUR Championship winner), and the Closing Time will be August 28, 2019 at 12:00:00 EST. In the event Rory McIlroy does not win the TOUR Championship, this Competition will be cancelled, and no Winners will be selected or Prizes awarded.

DEFINITIONS:

“Competition”: GolfPass Total Score Sweepstakes

“Website”: GolfPass with the URLs https://www. GolfPass.com/win https://www.GolfPass.co.uk/win

“Minimum Age”: 18

“United Kingdom/Eire Territory”: United Kingdom and Eire

“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”: A one (1) year GolfPass membership

“Number of Winners”: Equal to the total number of strokes used by Rory McIlroy to win the TOUR Championship, up to a maximum of three hundred (300) Winners (contingent on Rory McIlroy winning the TOUR Championship – please refer to Preliminary 2)

“Start Date”: 25 August 2019 at or about 18:00:00 EST (contingent on Rory McIlroy winning the TOUR Championship – please refer to Preliminary 2)

“Closing Time”: 28 August 2019 at 12:00:00 (contingent on Rory McIlroy winning the TOUR Championship – please refer to Preliminary 2)

“Selection Period”: From Closing Time until one (1) clear day after the Closing Time

“Notification Period”: From Closing Time until two (2) clear days after the Closing Time

“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

“Online Entry”: To enter the Competition, any time between the applicable Start Date and the applicable Closing Time, visit the Website and click the linked image to visit the online entry website (“AMOE Website”). Then, follow the instructions set out on the AMOE Website to complete and thereafter submit the online entry form, which includes entrants’ name, email address and postal/zip code.

“Subscription Entry”: To enter the Competition, any time between the applicable Start Date and the applicable Closing Time, visit the Website and click the linked image to visit the GolfPass subscription website (“Subscription Website”). Then, follow the instructions set out on the Subscription Website (including, without limitation, checking the appropriate checkboxes) to sign up for a GolfPass monthly or annual membership 7-day free trial (“Free Trial”). Free Trial is subject to certain terms and conditions as specified by issuer. Restrictions may apply (see paragraph 4 below).

By entering the Competition on the Website, Subscription Website and/or AMOE 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, if such entrant resides in the United States/Canada Territory, the age of majority in an entrant’s state or province of residence. (b) RESIDENCE Entrants must be legally resident in the United Kingdom/Eire 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 There are two (2) methods to enter the Competition: Subscription Entry or Online Entry. Entrants may only enter the Competition through one (1) of these two (2) entry methods. Entrants must follow the instructions set out on the Website, Subscription Entry Website and/or Online Entry Website (collectively, “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, Subscription Website and/or AMOE Website to enter the Competition, entrants agree that they are also bound by the Website, Subscription Website and/or AMOE Website terms and conditions, as applicable. 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, Subscription Entry Website and/or Online Entry Website and/or the Competition page on the Website, Subscription Entry Website and/or Online Entry Website and has no liability for any technical issues whatsoever encountered by entrants to the Competition. (e) GolfPass SUBCRIPTION Entrants must agree to the GolfPass Free Trial Terms and Conditions, located at https://www.golfpass.com/free-trial-terms, and the GolfPass Subscription Agreement, located at https://www.golfpass.com/terms-of-use, to sign up for a Free Trial. Email address, billing address and valid credit card information must be provided at the time of sign up. Entrants who sign up for a Free Trial will receive seven (7) days of access to GolfPass free of charge. At the end of the Free Trial, entrants’ GolfPass Membership will automatically renew on a monthly or yearly basis and entrants will be charged the then applicable monthly rate (US $9.99) or annual rate (US $99), plus any applicable taxes. To avoid being charged, automatic renewal must be turned off on the entrants’ account page before the end of the Free Trial. Free Trial is subject to certain additional terms and conditions as specified by issuer. Restrictions may apply.

5. SELECTION OF WINNERS: Within the Selection Period, representatives of the Promoter will randomly select the Number of Winners from the pool of entrants who are eligible to be entered into the random prize draw (“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/Eire 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 issuers, including without limitation, automatic renewal of GolfPass Memberships at the start of each applicable renewal period unless Winners terminate or cancel their subscriptions in accordance with GolfPass Subscription Agreement, located at https://www.golfpass.com/terms-of-use, before the relevant renewal period begins. Additional 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 ninety-nine US dollars (US $99). Total ERV of all Prizes is a maximum of twenty-nine thousand seven hundred US dollars (US $29,700). 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. All Prizes and Prize values contingent on Rory McIlroy winning the U.S. Open (see Preliminary 2).

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, Subscription Entry Website and/or Online Entry Website (as applicable). Within the Notification Period, the Promoter, in its sole discretion, may also notify non-winning entrants that they were not selected to be Winners and/or provide such non-winning entrants with information regarding their Free Trial, as applicable, by sending an email to the email address provided by such non-winning entrants at the time of entering the Competition or at the time of registration on the Website, Subscription Entry Website and/or Online Entry 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 Winner is a Canadian resident, before being declared the actual 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, (iii) the Promoter is unable to contact a Winner at the Email Address, (iv) a Winner is found to be ineligible or cannot or does not comply with these T&Cs, 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.

11. PERSONAL DATA: All personal information about Competition entrants collected in connection with entering the Competition will only be used in accordance with the Promoter's privacy policy on the Website located at http://www.nbcuni.com/privacy/ and for the following purposes: (i) to administer the Competition as set out in these T&Cs, (ii) to select the Winners, (iii) to arrange delivery of the Prize, (iv) for the purposes set out in paragraphs 9 and 10 above, and (v) for entrants who sign up for a Free Trial, in a manner consistent with GolfPass Free Trial Terms and Conditions, located at https://www.golfpass.com/free-trial-terms, and the GolfPass Subscription Agreement, located at https://www.golfpass.com/terms-of-use. Entrants who are residents of the United States/Canada Territory are advised that their personal information will be stored on servers located in the United States.

12. RELEASE: By entering the Competition, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators to release and hold harmless Promoter, TGC, LLC, and 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 Competition, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability for illness, injury, death 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).

13. CONDITIONS: By entering the Competition, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to hold harmless the Released Parties from any liability, loss, litigation, or damage, (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 Promoter, which are binding and final. Failure to comply with these conditions may result in disqualification from the Competition at Promoters’ sole discretion.

14. 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 and for any reason (including, without limitation, in the event Rory McIlroy does not win the U.S. Open or if any unforeseen circumstances or circumstances beyond the Promoter’s reasonable control make it reasonably necessary or prudent to do so). In the event of cancellation, postponement, or amendment, the Promoter reserve the right to select Winner in its sole discretion in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, postponement, or amendment. For the avoidance of doubt, in the event of such cancellation, Promoter is not obliged to select a Winner nor to give the Prize. Promoter’s choice not to select a Winner and/or distribute the Prize shall not give rise to any claim or complaints by you or any entrants. Notice of such cancellation, postponement, or amendment will be posted on the Website. The Promoter reserves the right to modify these T&Cs for clarification purposes without materially affecting the terms and conditions of the Competition.

15. 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.

16. 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).

17. 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 EIRE, 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 EIRE SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF ENGLAND AND WALES.