TaylorMade M3 and M4 Driver Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
THIS SWEEPSTAKES 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 M3 and M4 Driver Giveaway (the “Sweepstakes”) is sponsored by Taylor Made Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008 (“Sponsor”). The Sweepstakes 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.
2. Eligibility. This Sweepstakes 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 as of the time of entry and who have a TaylorMade Community account. If you do not have a TaylorMade Community account, go to http://community.taylormadegolf.com, click on “Sign up for Community,” and follow the instructions to create a TaylorMade Community account. Creating a TaylorMade Community account is free, but you must agree to the TaylorMade Terms of Service, including privacy and data gathering practices, in order to create a TaylorMade Community account and use the service. Employees of Sponsor, its affiliates, parent company, subsidiaries, prize providers and advertising and promotion agencies (the “Sweepstakes 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. Entry Period. The entry period (“Entry Period”) will begin when Sponsor makes a post (the “Entry Post”) announcing the beginning of the Sweepstakes and the required response (the “Entry Content”) on the TaylorMade Community site (http://community.taylormadegolf.com), which will be approximately 9 a.m. Pacific Time on 4/2/18, and will end on 4/8/18, at 2:59:59 p.m. Pacific Time. Sponsor’s (or Sponsor’s designated representative's) computer is the official timekeeper for the Sweepstakes.
4. How to Enter. To enter, you must have a TaylorMade Community account, and Comment to the Entry Post by retyping the Entry Content during the Entry Period. Limit one (1) entry per person. Any other form of entry is void. You must retype the Entry Content exactly. Do not add your own content. In the event of a dispute over the identity of an entrant, the authorized account holder of the email address or mobile phone number used to set up the TaylorMade Community account 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 authorized account holder of a mobile phone number is the natural person in whose name the phone or telephone number has been issued and to whom services are billed. The potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address or mobile phone number, as applicable.
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. Use of multiple TaylorMade Community accounts to enter will result in disqualification. All entries must be received and recorded during the Entry Period to be eligible for the drawing.
Please note that any normal Internet access and usage charges imposed by your Internet service provider will apply. If you use a mobile device to access or use TaylorMade Community, your wireless service carrier’s standard charges, data rates and other fees may apply. You understand that by participating in this Sweepstakes 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.
By entering, you give Sponsor permission to publish your entry, including your name and/or TaylorMade Community user name.
5. Prizes and Odds. There are two prizes: one TaylorMade M3 Driver and one TaylorMade M4 Driver. Approximate retail value (“ARV”) of the TaylorMade M3 Driver is $499.99. ARV of the TaylorMade M4 Driver is $429.99. ARV of both prizes is $929.98. Any difference between the ARV and the actual value of the prize will not be awarded. Winner is responsible for all other expenses associated with receipt and use of a prize.
The prize will be considered compensation to the winner. All federal, state, municipal and local taxes associated with receipt or use of a prize are the sole responsibility of winner. If legally required, Sponsor will file an IRS Form 1099 for the value of the prize, and winner will be required to furnish his or her social security number for purposes of same.
Odds of winning depend on the number of eligible entries received during the Entry Period.
6. Winner Selection and Notification. The winners will be selected by random drawing from all eligible entries received. The drawing will be conducted by Sponsor or Sponsor’s representative on or about April 12, 2016, following the end of the Entry Period. The TaylorMade Community user name of the potential winners for the Sweepstakes will be announced in a comment on the Entry Post (the “Winner
Announcement Post”), along with instructions to contact Sponsor. If a potential winner does not respond to the Winner Announcement Post within 24 hours of the first notification attempt, that potential winner will be disqualified and an alternate potential winner will be selected from the remaining eligible entries. If the potential winner is found to be ineligible, does not or cannot comply with these Official Rules, or if the prize notification is returned as undeliverable, the potential winner will be disqualified and an alternate potential winner will be selected; provided, however, that if Sponsor has been unable to successfully notify a qualified potential winner after Sponsor has attempted to notify five (5) potential winners, Sponsor may elect not to award a prize for the Sweepstakes.
As a condition of receiving the prize, the potential winners may be required to 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, if Sponsor so requests, in Sponsor’s sole discretion. If a potential winner fails to do so, or is found to be ineligible, that potential winner will be disqualified. Prizes will be shipped to the winners at Sponsor’s expense, to the address provided by winners. It is winner’s sole responsibility to make sure that Sponsor has accurate address information for winner.
Please note that no entrant is a winner of a prize unless and until such entrant’s eligibility has been verified and Sponsor has confirmed such verification to the winner, even if that entrant’s name has been publicly posted as a winner prior to completion of the verification process.
7. General. THIS SWEEPSTAKES IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. 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.
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 Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators to release, indemnify, defend, and hold the Sweepstakes Entities 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 Sweepstakes. By participating in this Sweepstakes, 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 Sweepstakes 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 Sweepstakes. 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, winner agrees for himself/herself and for his/her heirs, executors and administrators to release, hold harmless, indemnify and defend the Sweepstakes Entities and their respective officers, directors, employees and representatives 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 Sweepstakes, 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 Sweepstakes; (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 Sweepstakes; (d) inaccessibility or unavailability of the internet in general or of TaylorMade Community, or any change in TaylorMade’s terms of service; or (e) any injury or damage to participant’s or to any other person’s computer which may be related to or result from any attempt to participate in the Sweepstakes.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should any cause or problem corrupt or inhibit the administration, fairness, security or proper operation of the Sweepstakes 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 Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, Sponsor reserves the right to void suspect entries and/or terminate the Sweepstakes (or any portion of the Sweepstakes) 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 Sweepstakes or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes 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 Sweepstakes 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 SWEEPSTAKES, ENTRANTS AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, 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 SWEEPSTAKES, 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 SWEEPSTAKES 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 Winner Announcement Post will be posted by Sponsor as a comment to the Entry Post as soon as practicable, but in no event later than April 16, 2018.
12. Sponsor. Taylor Made Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008.
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