TGW.COM – CALLWAY GOLF SALES COMPANY
HUNT FOR XHOT CONTEST (“CONTEST”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. THIS CONTEST IS VALID ONLY IN THE 50 UNITED STATES AND D.C. (EXCLUDING RHODE ISLAND, NEW YORK AND FLORIDA). DO NOT SUBMIT AN ENTRY IF YOU ARE NOT ELIGIBLE AND CURRENTLY LOCATED IN THE U.S. AT THE TIME OF ENTRY. THIS CONTEST WILL BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. VOID IN RHODE ISLAND, NEW YORK, FLORIDA AND WHERE PROHIBITED.
By entering the Contest, each entrant (“Entrant”) agrees to abide by these Official Contest Rules (“Official Rules”).
The Contest is sponsored by The Golf Warehouse (“TGW.com”) and Callaway Golf Sales Company (collectively “Sponsors”). The Contest begins at 9:00:00 a.m. EST on December 15, 2012 and ends at 9:00:00 p.m. PST on December 16, 2012, or when the XHot Grand Prize Ticket (as defined below) is awarded, whichever occurs first (the “Contest Period”). The Contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.
1. ELIGIBILITY. The Contest is open only to legal residents of the 50 United States and the D.C. (excluding Rhode Island, New York and Florida), 18 years of age or older at the time of entry. The Contest is not open to persons who are in the employment of Sponsors or any of their respective parent companies, affiliates or subsidiaries, distributors, Contest material suppliers, promotion or media partners, printer(s) of Contest materials or advertising, promotion or other coordinating agencies involved in this Contest or the immediate family members (biological or step-parent, grandparent, child, sibling or spouse of any of the foregoing), regardless of where they live, or household members of any of the above, whether related or not.
2. HOW TO PARTICPATE. The following steps must be taken to participate in the Contest:
Step 1: During the Contest Period, clues (“Clues”) to the location of a unique grand prize certificate (“XHot Grand Prize Ticket”) hidden within the TGW.com website (“Hidden Location”) will be periodically revealed and published by TGW.com via Twitter.com and Facebook. The Clues will also be published at www.callawaygolf.com/huntforxhot.
In order view the Clues at www.callawaygolf.com/huntforxhot, enter this URL into a web browser.
Step 2: During the Contest Period, follow the information revealed in the Clues to attempt to be the first person to locate the XHot Grand Prize Medalion at the Hidden Location.
ENTRANTS MAY NOT TAKE ACTIONS THAT ARE NEGLIGENT, INJURIOUS, RECKLESS OR UNFAIR IN PURSUIT OF ANY PRIZE OFFERED IN CONNECTION WITH THIS CONTEST. ENTRANTS WHO DO NOT FOLLOW THIS RULE OR WHO OTHERWISE PARTICIPATE IN THE CONTEST IN AN UNSPORTSMANLIKE MANNER WILL BE DISQUALIFIED FROM THE CONTEST. ENTRANTS ARE SOLELY RESPONSIBLE FOR ANY INJURIES OR OTHER DAMAGES THAT ARE CAUSED FROM THEIR BEHAVIOR. ENTRANTS AGREE TO INDEMNIFY, RELEASE, DISCHARGE AND HOLD HARMLESS THE RELEASED PARTIES (DEFINED BELOW) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSSES, DAMAGES OR INJURIES OF ANY KIND WITH RESPECT THERETO. ALL COSTS AND EXPENSES INCURRED IN CONNECTION WITH ENTRANT’S PARTICIPATION IN THIS CONTEST AND/OR THE PURSUIT OF ANY PRIZE ARE ENTRANT’S SOLE RESPONSIBILITY AND ARE AT ENTRANT’S SOLE EXPENSE.
3. SELECTION OF WINNER. The Grand Prize will be awarded to the first person that locates the XHot Grand Prize Medalion at the Hidden Location, subject to verification of Grand Prize Medalion and of eligibility and compliance with these Official Rules, and who does the following:
Step 1: Upon finding the X Hot Grand Prize Ticket at the Hidden Location, the Entrant will be asked to send an email via the secure link to the email address provided at the Hidden Location (“Claim email Box”).
Step 2: Sponsors will monitor the Claim email Box and determine the order of email submissions. Starting with the first correct email received, Sponsors will contact the Entrant by return email to begin the authentication and confirmation of eligibility process and to provide required forms and further instructions. Complete all forms and follow all other instructions given by Sponsors. The potential Grand Prize winner will be required to fully complete and submit entry and verification documents, which shall include, among other things, Entrant’s full name, home address, telephone number, email address, social security number and age.
Step 3: Sponsors will confirm eligibility of Entrant to be Grand Prize winner and authenticity of prize claim.
Any disputes will be resolved by Sponsors, whose decision shall be final, conclusive and binding. Additional details regarding verification process and other rules, procedures and conditions for claiming a prize in Contest may be provided to potential winner at Hidden Location or in a follow-up correspondence. Once the eligibility of a potential Grand Prize winner is confirmed by Sponsors, the Contest Period will end, even if earlier than the scheduled end date listed above. In the event that no one has correctly located the X Hot Grand Prize Medalion at the Hidden Location by the end of the Contest Period, the corresponding prize will not be awarded.
4. GRAND PRIZE: One grand prize (“Grand Prize”), which consists of:
a. A trip for two (winner and one guest) to Phoenix, Arizona (“Trip”) to attend the 2013 Waste Management® Phoenix Open Golf Tournament (“Tournament”). The Trip package includes round trip coach-class air transportation for two from the major commercial airport nearest to winner's primary residence in the United States to Phoenix, Arizona, departing, as booked by Sponsors, on or about January 29, 2013 and returning on or about February 1, 2013;
b. Three nights hotel accommodations in the greater Phoenix metropolitan area (double occupancy) during the Trip;
c. Ground transportation while in Phoenix to and from the airport to the Hotel (does not include transportation to and from airport nearest to winner’s primary residence), to and from Tournament and to and from club fitting;
d. One set of Callaway Golf Clubs for winner and guest (to include a Callaway Driver, two Callaway Fairway Woods, eight Callaway Irons, two Callaway Wedges, one Odyssey Putter and a choice of a Callaway Stand Bag or Callaway Cart Bag);
e. Two tickets to the Tournament on both January 31, 2013 and February 1, 2013; and
f. A custom club fitting during the Trip for winner and guest at the Callaway Performance Center at Troon North Golf Club in Scottsdale, Arizona.
g. A cash amount of $3,200 for incidentals and to help cover costs associated with this trip.
Winner and guest must travel on dates selected by Sponsors or forfeit the prize; no alternative travel dates are available . Travel must be round trip. Sponsors will determine airline and flight itinerary in theirs sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight or the Tournament. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by the Sponsors’ airline carrier of choice as detailed in the passenger ticket contract. Selection of airline and hotel are solely within Sponsors’ discretion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, additional ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are solely the responsibility of winner and guest. Travel companions must be eighteen years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. A minor who is eighteen years of age or older may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during Trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. All travelers must execute liability/publicity releases prior to issuance of travel documents, except where prohibited by law. Once travel guests are selected, they may not be substituted, except in Sponsors’ sole and absolute discretion. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Other travel restrictions, conditions and limitations may apply.If in the judgment of Sponsors, air travel is not required due to winner’s proximity to Phoenix, Arizona, ground transportation will be substituted for round trip air travel at Sponsors’ sole discretion and no additional cash compensation will be given to winner or guest. Sponsors will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsors are not responsible if Tournament is delayed, postponed or cancelled for any reason after ticketing of prize, in which event that portion of the prize will be forfeited in its entirety and no substitution will be provided except in Sponsors’ sole discretion.
Approximate Retail Value (“ARV”) of Grand Prize is $10,000. Actual value may vary based on airfare fluctuations and distance between departure and destination and other factors. Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded.
Potential winner is subject to verification by Sponsors before any prize is awarded. Decisions of Sponsors are final, binding and conclusive in all matters. An Entrant is not a winner of any prize, even if the Contest should so indicate, unless and until Entrant’s eligibility has been verified and Entrant has been officially notified that verification is complete.
Potential Grand Prize winner will be required to sign and return the Affidavit of Eligibility and Liability/Publicity Release (except where prohibited) within five days of the date attempted notification, or prize may be forfeited. A Grand Prize won by an eligible participant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian, who must sign and return all required documents, if applicable. Grand Prize (or any portion thereof) may not be sold, traded, transferred, assigned, refunded or redeemed for cash, except for as allowed herein. Except where prohibited by law, Grand Prize winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsors and those acting under their authority to use Grand Prize winner’s name, photograph, voice and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. Grand Prize winner (or parent or legal guardian if Grand Prize winner is a minor in his/her state of residence) shall be solely responsible for all applicable federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize, if any. Grand Prize winner (or parent or legal guardian if winner is a minor in his/her state of residence) is advised to seek independent counsel regarding tax implications of the prize winnings. Sponsors reserve the right to substitute a prize of equal or greater value if advertised prize is unavailable. The Grand Prize winner will be issued an IRS 1099 form for the retail value of the prize. Unclaimed prize will not be awarded.
5. RELEASE. By participating in the Contest, each Entrant agrees to be bound by these Official Rules and by the decisions of Sponsors, which shall be final and binding in all respects, and to forever and irrevocably release, defend, indemnify and hold harmless Twitter, Facebook, the Sponsors and each of their respective affiliates, subsidiaries, employees, officers, directors, shareholders, successors and assigns, media partners, prize providers, printers or suppliers of Contest materials and advertising, promotion and other coordinating agencies and service providers involved in this promotion (“Released Parties”) from any and all claims, injuries, death or damages, including any direct and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind, even if the Released Parties have been advised of the possibility of such loss or damages, judgments, demands, lawsuits, causes of action, costs, expenses or losses and/or liabilities of any nature that in any way relates to, results from or arises from (a) the Contest or any activity or element thereof; (b) Entrant’s participation or inability to participate in the Contest; (c) the Grand Prize and any component thereof, and the acceptance, possession, delivery of, receipt, defects in, use, misuse or inability to use any prize, including any travel related thereto; (d) unauthorized human intervention in the Contest; (e) printing errors in the Official Rules and any promotional materials in connection with the Contest; (f) errors in the administration of the Contest; (g) injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by participant’s participation in the Contest or receipt of any Grand Prize or portion thereof; (h) technical, hardware, software, telephone or other communication malfunctions that may limit one’s ability to participate in the Contest; (i) the violation of any third-party privacy, personal publicity or proprietary rights; (j) any lost/delayed data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions; (k) any late, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries or registrations; (l) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof); (m) the collection, use and/or sharing of participants’ personally identifiable information by Sponsors or their designees: or (n) other errors, omissions, interruptions or deletions of any kind whether human, mechanical or electronic.
6. GENERAL TERMS AND CONDITIONS ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY OF THE CONTEST WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
Sponsors reserve the right, in their sole discretion, to cancel, suspend and/or modify this Contest should tampering, fraud, virus, bugs or other causes beyond the control of Sponsors corrupt the administration, security or proper conduct of the Contest and/or disqualify any individual who tampers with the entry process. If the Contest is terminated in whole or in part before the designated end date, Sponsors may, but shall not be required to, award the prizes as deemed fair and equitable by Sponsors. In no event will Sponsors and/or Released Parties be responsible or liable for any damages or losses of any kind, including, but not limited to, direct, incidental, consequential or punitive damages arising out of or in connection with access to and/or use of any Contest-connected site or participation in the Contest. Some jurisdictions may not allow limitations of the exclusions of liability for incidental or consequential damages; therefore, some of the aforementioned limitations or exclusions may not apply, depending on place of residence.
The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Sponsors reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. In the event that the Contest is challenged by any legal or regulatory authority, Sponsors reserve the right to discontinue or modify the Contest, or to disqualify Entrants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Entrants who are disqualified due to such an action.
In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Contest materials or Contest website and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control. Prizes pictured in point of sale, television, print advertising, promotional materials and other Contest materials are for illustrative purposes only. Actual prizes may vary from prizes pictured. Sponsors are not responsible for incorrect or inaccurate registration information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the Entries. Sponsors are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature.
7. WINNERS LIST. The name of the Grand Prize Winner will be available online at http://www.callawaygolf.com/huntforxhot when Contest is over and prize is awarded. For a list of winners by mail, send a self-addressed, stamped #10 envelope to: Hunt For XHot Promotion, c/o Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, California 92008. Requests must be received by December 31, 2013. Winners lists will be sent when the Contest is over and prizes are awarded.
8. ARBITRATION OF DISPUTES. Any controversy or claim arising out of or relating to this Contest shall be settled by binding arbitration in a location determined by their arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsors will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsors shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
9. NO ENDORSEMENT BY TWITTER OR FACEBOOK. This Contest is in no way sponsored or administered by Twitter.com or Facebook. By using and interacting with Twitter® and/or Facebook, Entrants are subject to the terms, conditions and policies that govern the use of such sites. Entrants should therefore review the applicable terms and policies for Twitter and Facebook, including privacy and data gathering practices, before using or interacting with these sites. Any questions, comments or complaints regarding this Contest shall be directed to Sponsors and not to Twitter or Facebook.
Sponsors: Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, California 92008 and The Golf Warehouse 8851 East 34th Street North, Wichita, KS 67226