Callaway Golf South Pacific's Colour Your Game Photo Contest
Sponsor: Callaway Golf South Pacific, 18 Corporate Ave, Rowville, VIC, 3178, Australia ("Sponsor").
This is a photo contest ("Contest") to be conducted in four separate phases during the period commencing at 12:01 A.M. Melbourne Time on 1 May 2012, and ending at 11:59 P.M. Melbourne Time on 10 June 2012 ("Entry Period"). There will be four separate competitions conducted during the Entry Period: 14 May – 20 May 2012 ("Orange Week"); 21 May – 27 May 2012 ("Green Week"); 28 May – 3 June 2012 ("Yellow Week"); and 4 June – 10 June 2012 ("Blue Week") (collectively, the "Colour Weeks"). One winning entries will be selected from among those Contestants submitting entries via http://www.facebook.com/CallawayGolfAustralia ("Website") per each Colour Week of the Entry Period.
Contest submissions (each a "Submission") should consist of a photograph containing each of the following elements: the Callaway logo and the colour that corresponds to the applicable Colour Week (i.e., orange for Orange Week, green for Green Week, yellow for Yellow Week and/or blue for Blue Week). Judging will be conducted on the dates shown below at Callaway Golf South Pacific, 18 Corporate Ave Rowville VIC 3178.
For purposes of these Official Rules ("Rules"), "Day" shall mean each calendar day during the Entry Period and all times and Days are VIC Time.
The awarding of the prize is subject to the eligibility and forfeiture provisions set forth below. Judges will award prizes to one finalist per each of the four Colour Weeks based on the merit of the submissions as selected by the judges at their sole an absolute discretion. The Submissions shall be judged on creativity, use of applicable colour, incorporation of Callaway log, originality and humour. The decisions of the judges shall be final.
No purchase necessary.
a) This Contest is open to residents of Australia, ages 18 and older at the time of entering the Contest.
b) Employees, and their immediate family members living in the same household, of Sponsor, its parent, subsidiaries or affiliated companies, or the agencies of any of them, and/or author(s), are not eligible for this Contest. Void where prohibited by law. All federal and local restrictions apply.
By entering this Contest, participants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.
HOW TO ENTER:
The link to enter this contest can be found at http://www.facebook.com/CallawayGolfAustralia fan page in the "Promotions" tab located here: https://www.facebook.com/CallawayGolfAustralia/app_234187059972742
- Competition Opens: May 7th 2012
- Orange Week: May 14th – May 20th
- Entries close for Orange Photos 12:00pm May 18th
- Winner announced for the Orange Week, May 21st
- Green Week: May 21st – May 27th
- Entries close for Green Photos 12:00pm May 25th
- Winner announced for the Green Week, May 28th
- Yellow Week: May 28th – June 3rd
- Entries close for Yellow Photos 12:00pm June 1st
- Winner announced for the Yellow Week, June 4th
- Blue Week: June 4th – June 10th
- Entries close for Blue Photos 12:00pm June 8th
- Winner announced for the Blue Week, June 11th
(a) Only one entry per person per each Colour Week will be considered. Entries must be submitted digitally by the photo upload tool provided in the contest entry application supplied by Sponsor. Additional entries will be void.
(b) Sponsor's computer will serve as the official time piece for the Contest.
(c) Entries generated by automated or programmatic means and entries by any means which subvert the entry process will be void. All entries submitted become the sole property of Sponsor and will not be acknowledged or returned.
(d) Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.
(e) By entering a photo into this Contest, each contestant agrees that the Submission may be used, published, reproduced, edited, formatted and displayed by Sponsor and its parent, subsidiaries or affiliated companies, or the agencies of any of them, for any purpose, in any media, on a worldwide basis, without further compensation to contestant.
By entering a photo into this Contest, each contestant further represents and warrants to Sponsor that the Submission and everything depicted therein: (1) are the original creation of contestant and do not originate from preexisting sources such as magazines, newspapers or other commercial or proprietary sources (whether public or private); (2) do not infringe upon or otherwise violate any right of any person, firm or entity; (3) comply in all respects with these Official Rules; (4) do not contain any trademarks, logos, insignia, graphics, materials, artwork or other material that would infringe any third party's copyrights or trademarks; (5) have not previously been submitted in a contest of any kind or exhibited or displayed publicly through any means and (6) do not contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent, discriminatory (based on race, sex, religion, national origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable or unlawful conduct as determined by Sponsor in its sole discretion.
Each contestant further represents and warrants to Sponsor that: (1) the contestant has all rights, licenses, permissions and consents necessary to submit the Submission in accordance with these Official Rules; (2) no person or entity other than contestant has any right, title or interest in and to any part of the Submission and (3) contestant is not subject to any agreement or arrangement that would interfere with contestant's entry or participation in this Contest.
All Entries must be received during the Entry Period within the timeframes set forth above.
In event of a dispute regarding the identity of the person submitting a Submission, the Submission will be deemed to be submitted by the person in whose name the email address or Facebook account is registered. Submissions by any method other than set forth in these rules are void. Neither Sponsor, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") are responsible for Submissions from persons residing, or physically located, outside the Territory; Submissions that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email or Facebook account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Submission will be disqualified. The Sponsor is not obligated to communicate with any Contestant during the duration of the Contest. Void where prohibited or restricted by law and subject to all applicable federal and local laws and regulations.
All decisions of the judges, who may be employees or independent contractors of the Sponsor or its designated agents or representatives, with respect to any and all aspects of the Contest, including without limitation the eligibility or disqualification of entrants or Submission and the selection of winners, are final and binding without right of appeal. The Sponsor reserves the right to remove photos without prior notice.
WINNER SELECTION / ODDS:
One winning Submission will be selected by the judges for each Colour Week. Odds of winning depend on the number of total number of Submissions received and the alignment with the judging criteria.
Approximate retail value ("ARV") of all prizes combined in this Contest is AUD $3,555.76.
ONE (1) PRIZE PACK PER EACH COLOUR WEEK WILL BE AWARDED CONSISTING OF:
- One Callaway towel (ARV: AUD $29.99);
- One Callaway cap (ARV: AUD $24.95);
- One Callaway Golf Bag (ARV: AUD $209);
- One Callaway Driver (ARV: AUD $469); and
- Four Dozen Callaway Golf Balls (ARV: AUD $156)
Total ARV of each Prize Pack is $884.94. All prize details are at Sponsor's sole discretion.
Limit one prize per person. Prizes will be delivered to winners within thirty (30) days after selection of winners. Prizes are not transferable, except to a surviving spouse residing in the same household. Prizes are not redeemable for cash or transferable. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. All prizes will be awarded provided a sufficient number of eligible Submissions are received and prizes validly claimed by December 31, 2012 after which no alternate winners will be selected, nor unclaimed prizes awarded. No credit or cash will be given for any unused portion of the prize.
The prize winners should look to the manufacturer of products awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Trade Practices Act 1974 or any successor law) where to do so would contravene that statute or cause any part of these terms and conditions to be void.
PRIZE WINNERS NOTIFICATION PROCESS:
Within 72 hours of the conclusion of each Colour Week during the Entry Period, Sponsor will notify each winner by sending an email to the winners' email address (as submitted on the entry form) with instructions for how to submit the contact information necessary to collecting the Prize. If a prizewinner does not accept the Prize via reply email within 48 hours following the date and time the notification is sent, then that winner may be disqualified. At its sole discretion, the Sponsor may require the winner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, "Release"). If required, the Release will be sent along with notification of winning and must be returned to the Sponsor within 48 hours. A disqualification will result if the Release is not returned to the Sponsor within the specified time. Refusal or return of any prize notification, Release or prize as undeliverable will result in disqualification.
Prizewinners are solely responsible for the reporting and payment of any applicable taxes, duties, VAT and any other costs and expenses associated with acceptance and use of
any prize awarded in the Contest.
All material owned by the Sponsor or the Sponsor's affiliated companies, including but not limited to any picture, logo, title art, etc., shall remain their property and contestants shall acquire no rights therein by virtue of the Contest. Except as specifically provided herein, by entering the Contest, each contestant agrees to grant to Sponsor a non-exclusive, fully-paid, irrevocable, royalty-free, sublicenseable and transferable worldwide license to use, re-use, reproduce, transmit, display, distribute, re-distribute, copy, store, modify, adapt, translate, create derivative works based upon and publicly perform the contents of the Contest Materials, in whole or in part, in all media, formats and channels now known or hereafter devised, for the duration of the rights on a worldwide basis, in perpetuity and in all languages, formats and versions. Upon Sponsor's request, you agree to assist the Sponsor in obtaining all consents necessary to perfect this license.
Any cost associated with accessing the Contest website or otherwise participating in this Contest is the entrant's responsibility and is dependent on the Internet service provider used. Sponsor shall not be liable for any costs incurred, responses received or any other consequences of error.
If for any reason this competition is not capable of running as planned by Sponsor (which includes any matter beyond the control of the Sponsor including but not limited to infection by line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause(s) which corrupts or affects the administration, security, fairness, integrity or proper conduct of this Contest) then Sponsor reserves the right to disqualify any individual and to cancel, terminate or modify or suspend the Contest.
Confirmation of printing errors and other quality control matters will not be used as a reason for refusing payment of prizes.
To the extent that Sponsor is able to exclude liability under applicable legislation, Sponsor shall not be liable for any loss or damage whatsoever suffered, including but not limited to direct or consequential loss, or personal injury suffered or in connection with the redemption of and/or use of any prize or participation in this Contest.
CAUTION: Any attempt to deliberately undermine the legitimate operation of this Contest may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Sponsor reserves the right to seek damages to the fullest extent permitted by law.
Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, mobile communications network, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest. Sponsor reserves the right to take any action that may be available.
Submission and entry materials become the property of Callaway Golf South Pacific Pty Ltd. Callaway Golf South Pacific Pty Ltd collects the personal information provided by each entrant to notify individuals if they win a prize. If you do not provide your personal information, Sponsor will not be able to enter you into this Contest. This information may be disclosed to third parties contracted to provide services to Callaway Golf South Pacific Pty Ltd in connection with the competition. If requested by an entrant, Callaway Golf South Pacific Pty Ltd will provide that entrant with further information about Callaway Golf products and services. To stop receiving this, an entrant can write to Sponsor's address above, or if the information is sent electronically, unsubscribe using the links provided. An entrant may request access to his or her personal information, ask a privacy-related question or get a copy of the Promoter's Privacy Policies by writing to: The Privacy Compliance Officer, Callaway Golf South Pacific Pty Ltd 18 Corporate Avenue Rowville, Victoria, 3178. The Promoters' Privacy Policies can also be viewed at http://www.callawaygolf.com/Global/en-AU/Legal/PrivacyPolicy.html .
Entry into this Contest is deemed to be acceptance of these Official Rules.
By entering this Contest, each entrant, whether selected as a winner or not, agrees that all Submissions shall be the property of Sponsor and that Sponsor may use the Submissions internally or externally for any purpose it decides, including publication in any form, without further permission from or compensation to the entrant.
Each entrant is responsible for ensuring his or her familiarity with these Official Rules at the time of participation. The Promoter's decision not to enforce a specific restriction does not constitute a waiver of that restriction or of the Official Rules generally.
All prices stated are in Australian dollars and include GST. All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (AEST) or Australian Eastern Daylight Time (AEDT) depending on the date. All times are stated using the 12 hour clock. Promotion governed by Australia and Melbourne law.