TAYLORMADE COMMUNITY M5 & M6 EARLY TESTING SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. 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 Community M5 & M6 Early Testing Sweepstakes (the “Sweepstakes”) is sponsored by Taylor Made Golf Comany, 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 residents of the United States who are 18 or older and who have registered to use the TaylorMade Community Forum (the “Forum”) at www.community.taylormadegolf.com. 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. How to Enter. The Sweepstakes begins 10:00 a.m. Pacific Time on January 3rd, 2019 and ends at 11:59:59 p.m. Pacific Time on January 19th, 2019 (the “Sweepstakes Period”). Enter by responding to the “M5 & M6 Drivers — Early Testers Wanted” forum thread on TaylorMade Community with your current driver head, shaft, shaft flex, and shaft weight AND a one to four sentence comment on why you're interested in being an early tester (a “Submission”). Submissions must comply with the requirements set out in Section 6 of these Official Rules.
In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to register for the Forum 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 potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address.
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. All entries must be received and recorded during the Sweepstakes Period to be eligible.
4. Prizes. Ten (10) winners will win their choice of one (1) TaylorMade M5 driver (approximate retail value [“ARV”] of the prize is $549.99.) OR one (1) TaylorMade M6 driver (approximate retail value [“ARV”] of the prize is $499.99).
5. Winner Selection. The winner will be selected in a random drawing by Sponsor or Sponsor’s representative from all eligible entries received during the Sweepstakes Period. The decision of Sponsor or Sponsor’s representative is final and binding. The drawing will take place on or about January 21st, 2019. Odds of winning depend on the number of eligible entries received. Limit one (1) prize per household.
The potential prize winner will be notified by Sponsor via the email address associated with the entry. If a potential prize winner cannot be reached by email or phone within 24 hours of the first notification attempt, an alternate potential winner will be selected from the remaining eligible entries for that prize.
The potential winner is subject to verification, including verification of age and residence. The potential winner must 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 a potential winner fails to do so, that potential winner will be disqualified and an alternate winner selected from among remaining eligible entries. If a potential winner is found to ineligible, that winner will be disqualified and an alternate winner may be selected from the remaining eligible entries.
After verification of eligibility and submission by winner of all required items, the prize will be shipped to the winner at Sponsor’s expense, to the address provided by winner at time of entry. It is winner’s sole responsibility to make sure that Sponsor has accurate address information for winner.
6. Submission Guidelines. Your Submission must be an original, unpublished work that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity. A Submission must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortious, slanderous, in violation of any applicable law, discriminatory in any way, or that promotes hatred, harm or discrimination against any group or person, or otherwise does not comply with the spirit and theme of the Sweepstakes, as determined by Sponsor and/or Sponsor’s representative in its sole discretion. Without limiting the foregoing, a Submission must not disparage Sponsor, any competitor of Sponsor, or any other Sweepstakes Entity. A Submission must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to applicable federal, state or local laws or regulations. By making a Submission, if others appear in your Submission, you attest that you have made all those appearing in the Submission aware that you are entering the Submission and that they have agreed that you may make the Submission. By making a Submission, entrant represents and warrants that (i) the Submission is the entrant’s original work and the entrant holds all rights to the Submission; (ii) the Submission has not previously been published or publicly shown or won a prize or award; (iii) the Submission complies with all applicable laws and does not infringe the rights of any third parties; and (iv) the entrant has the prior written consent of any other person(s) appearing in the Submission. By making a Submission, the entrant hereby irrevocably grants Sponsor, its parent, subsidiary and affiliated companies, and its licensees, distributors, agents, representatives and authorized users (collectively, the “Licensed Entities”) without the requirement of any further permission or payment, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, redistribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Submission, in whole or in part (including without limitation all names, voices and likenesses contained in the Submission), as well as other photos, videos, audio, or other depictions of winner, in all means and media now known or hereafter devised for any and all purposes, including, without limitation, advertising, promotional, marketing, publicity or commercial purposes. Entrant shall have no right to review or approve edits, alterations or modifications, and the entrant waives the benefit of any provision of law known as “moral rights.”
7. General. ALL FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS APPLY. 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 and indemnify 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, each winner agrees for himself/herself and for their heirs, executors and administrators to release and indemnify and hold the Sweepstakes Entities and their respective officers, directors, employees and representatives harmless 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; or (e) any injury or damage to participant’s or to any other person’s computer or mobile device 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, TO THE FULLEST EXTENT PERMITTED BY LAW, THAT (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 names of the winners will be posted on the Forum.
12. Sponsor. Taylor Made Golf Company, Inc., 5545 Fermi Court, Carlsbad, CA 92008.