#SirIsaacSelfie Promotion Rules and Regulations
Callaway Golf and PGA Tour Superstore #SirIsaacSelfie
Promotion Official Promotion Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. THE “CALLAWAY GOLF AND PGA TOUR SUPERSTORE #SIRISAACSELFIE PROMOTION” (“PROMOTION”) IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND D.C. (THE “PROMOTION TERRITORY” ). ONLY RESIDENTS OF THE PROMOTION TERRITORY ARE ELIGIBLE TO PARTICIPATE IN THIS PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE CHANCE OF WINNING. VOID OUTSIDE THE PROMOTION TERRITORY AND WHERE PROHIBITED OR RESTRICTED BY LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND/OR LOCATED IN THE PROMOTION TERRITORY AT THE TIME OF ENTRY.
Who is Eligible:
The Promotion is open to anyone who (i) is a legal resident of one of the Promotion Territory states and located within the Promotion Territory at the time of entry; and (ii) is at least 18 years of age as of the date of entry. Employees, directors, and officers of Sponsors, and their respective parent companies, subsidiaries, affiliates, suppliers, advertising agencies, and the families (spouse, parent, child, sibling and their respective spouse) and persons living in the same household as such individuals (whether or not related), are not eligible to participate. This Promotion is intended for viewing in the United States only and shall be construed and evaluated according to United States and California law.
Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, California 92008, and PGA Tour Superstore, 5950 Fulton Industrial Blvd. SW, Atlanta GA, United States 30336 (collectively “Sponsor” or “Sponsors”).
The Promotion runs from November 15, 2014 at 05:00:01 a.m. Pacific Time (“PT”) and ends on November, 30 2014 at 11:59:59 p.m. PT (“Promotion Period”).
By entering the Promotion, each entrant (“Entrant”) agrees to abide by these Official Promotion Rules (“Official Rules”) and with Callaway Golf’s General Terms and Conditions for all Twitter Promotions (“General Rules”) which are located here. By participating, all Entrants are (and agree to be) bound by these Official Rules and by the General Rules.
To enter the Promotion you must: (1) Have a non-private Twitter account; (2) follow @CallawayGolf on Twitter (from the time of entry into the Promotion for sixty (60) day’s following the end of the Promotion Period); and (3) follow the directions in the How to Enter section below.
How to Enter:
There are two (2) ways to enter the Promotion as follows:
PGA Tour Superstore Visit and Tweet:
To enter the Promotion, visit a PGA Tour Superstore during the Promotion Period and find the Sir Isaac Newton cardboard cutout and take an original “selfie” with the Sir Isaac cardboard cutout (“Selfie”). Finally, log in to your Twitter account and tweet the Selfie photo to @CallawayGolf using the hashtags “#SirIsaacSelfie” and “#Sweeps” to receive one (1) entry into the Promotion.
Tweet without Store Visit:
To enter the Promotion without visiting a PGA Tour Superstore, log in to your Twitter account and send a tweet to @CallawayGolf using the hashtags “#SirIsaacSelfie” and “#Sweeps” to receive one (1) entry into the Promotion. Tweets posted before the Promotion Period are not valid for entry.
Selfies and tweets must comply with all submission requirements set forth herein to be valid. Those who do not follow all of the instructions, include the “#SirIsaacSelfie” and “#Sweeps” hashtags in their tweet, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
As used herein, “Content” refers to all information, materials or content you may submit in connection with the Promotion (including, without limitation, photos, descriptions, Selfies, hashtags, tweets, and mentions). Content will not be judged.
Entrants represent and warrant that their Content: (a) is the original work of such Entrant, (b) has not been copied from others, (c) has not previously published or won awards, (d) does not violate or infringe on the rights of any other person or entity, (e) that you have obtained permission from a person who's name, likeness or persona is used in the Content; and (f) publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any such Entrant will indemnify and hold harmless Promotional Parties (as defined below) from any claims to the contrary. Any Entrant whose Content includes likenesses of third parties or contains elements not owned by the Entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsors’ use of such Content, in a form satisfactory to Sponsor, upon request, prior to award of prize.
BY SUBMITTING CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSORS’ WEBSITE, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsors and each of their agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the Entrant.
Limit of one (1) entry per person/Twitter account during the entire Promotion Period, regardless of method of entry. Subsequent entries will be void and may void prior entries. All entries become property of Sponsor and will not be acknowledged or returned. Anyone found attempting to use multiple/different Twitter, email accounts, identities, registrations, or logins, or otherwise attempting to obtain more than the stated limit of entries will be ineligible and all of his/her entries may be void, in Sponsors’ sole discretion. A tweet with a Selfie photo will not increase the chances of winning.
Use of any automated system to participate is prohibited and may result in disqualification, in Sponsor’s discretion. Should multiple users of the same Twitter account enter the Promotion a dispute thereafter arise regarding the identity of the Entrant or entry, the authorized account holder of said Twitter account at the time of entry will be considered the Entrant. “Authorized account holder” is defined as the natural person who is assigned a Twitter account by Twitter Inc. or other organization which is responsible for assigning Twitter accounts or the domain associated with the submitted Twitter account.
Winner agrees (and agrees to confirm in writing) to grant Sponsors and its agencies all rights to use Entrant’s name, Twitter handle, address (city and state), and/or likeness for advertising and trade purposes without further compensation or authorization, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, unless prohibited by law. No illegible, incomplete, forged, or altered entries will be accepted.
Content Submission Requirements:
By submitting Content, each Entrant hereby warrants and represents that his/her Content conforms to the Content Requirements set forth herein. Content:
- Must contain the hashtags #SirIsaacSelfie” and “#Sweeps”;
- Must comply with Twitter’s terms of services, available at .twitter.com/tos;
- Must be in English, except for commonly understood foreign words;
- Must comply with these Official Rules;
- Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Cannot be obscene or offensive, endorse any form of hate or hate group;
- Cannot defame, misrepresent or contain disparaging remarks about Sponsors or either of their products or services, or other people, products or companies;
- Cannot infringe on the trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses other than Entrants without permission;
- Cannot infringe on the copyrighted materials owned by others;
- Should not contain background artwork unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in Content must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein;
- Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsors wish to associate; and
- Cannot depict, and cannot itself, be in violation of any law.
CONTENT POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSORS IN ANY MANNER. Any waiver of any obligation hereunder by Sponsors does not constitute a general waiver of any obligation to Entrants. Sponsors reserve the right to waive any Content entry requirements set forth herein in its reasonable discretion.
By submitting Content, you agree that your submission is gratuitous and made without restriction, and will not place Sponsors under any obligation, that Sponsors are free to disclose or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsors do not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
Sponsors reserve the right to, and may or may not, monitor/screen Content posted to the website. By entering, you acknowledge that Sponsor has no obligation to use or post any Content you submit.
By accepting the Prize, the winner agrees that his/her Content will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsors all of his/her right, title and interest in and to his/her Content, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsors, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Content. Sponsor reserves the right to alter, change or modify the winning Content, in its sole discretion. Upon request of Sponsors, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsors, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Content and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsors fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsors’ rights and Sponsors may at a later time request the assignment.
Selection and Notification of Winner:
Within 72 hour(s) of the end of the Promotion Period, one (1) entry will be randomly selected by Sponsors from among all eligible entries received during the Promotion Period from both entry methods (as determined by Sponsors in their sole discretion). Non-winning Entrants will not be notified. Winner subject to verification, including verification of age.
Odds of winning a prize depend upon the actual number of eligible entries received during the Promotion Period via both entry methods.
Sponsors will notify the winner by sending a “direct message” to the winner’s registered Twitter.com accounts. The potential winner will be required to respond to the direct message within the time period stated in the direct message with his or her first and last name and email address and any other information requested by Sponsors, or the prize may be forfeited.
The decisions of the Sponsors are final and binding on all matters relating to the Promotion. Potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the Twitter account, including but not limited to providing the original file of his/her entry, if applicable, in Sponsors’ sole discretion. The contact notification will include instructions on how to claim the Prize. If winner is found to be ineligible, or not in compliance with these Official Rules, declines to accept a Prize, if Sponsor is unable to contact the winner within three (3) days of attempting contact, or in the event that a prize notification or prize is returned undeliverable, the Prize may be forfeited. In the event that the winner is disqualified for any reason, Sponsor reserves the right to award the Prize to an alternate Entrant who will also be selected randomly, even if the disqualified potential winner’s name may have been publicly announced.
The winner (or their parent or legal guardian if an eligible minor) will be required to complete, sign, and return to Sponsors an affidavit of eligibility and liability/publicity release (where legal) (“Affidavit”), within five (5) business days of the date of the notification. If a potential winner fails to return the Affidavit within the time frame specified or if Sponsors are unable to contact a potential prize winner for any reason (including, but not limited to, receipt of returns due to invalid or incorrect email), the Prize will be forfeited, and a new winner may be randomly selected, in Sponsor’s sole discretion.
Prize won by an eligible Entrant 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. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of Entrants.
Description of Prize:
One (1) winner will receive four (4) tickets to one (1) regular season NFL football game during the month of December 2014 and a catered tailgate lunch in the parking lot before the game to include food and beverages for four people (“Prize”). The NFL football game attended will be for a home game for the NFL team located nearest to winner’s legal home residence (as determined by Sponsor in its sole and absolute discretion) on a date selected by Sponsor in its sole discretion. For instance, if the winner’s legal home residence is Orange County, California, the home game attended would be in San Diego, California (unless otherwise selected by Sponsor). The Prize has an approximate retail value (“ARV”) of $1,000. Other than the cost of the four football tickets and the tailgate luncheon, the winner is solely responsible for all expenses incurred to attend the football game, including, but not limited to, travel to and from the game, parking, any expenses for food or drinks incurred during the game, etc. The National Football League (NFL) is not affiliated in any way with this promotion. Any provided tickets are subject to certain terms and conditions specified thereon. Location of seats and tickets are in Sponsor’s sole discretion or may be predetermined as supplied by the Sponsor.
Winner must be available on date of selected game in December 2014, no alternate dates available. In the event that the Winner cannot attend the NFL game at the location selected by the Sponsors on the dates available, winner may be disqualified and the Prize may be awarded to an alternate winner provided sufficient time remains. A minor may accompany the winner as a guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during the event (including, but not limited to game, tail-gate, and all prize-related events) by minor’s parent or legal guardian. Lost, stolen or damaged football tickets will not be replaced or exchanged.
Sponsors are not responsible for any delay or cancellation of prize event due to unforeseen circumstances, or those outside of Sponsor’s control. In the event, for whatever reason, including, but not limited to, unforeseen circumstances or those outside Sponsor’s control (including, without limitation, labor disputes, strikes, weather, terrorism, war), the football game and/or tail gate is postponed or cancelled, the experience will not be awarded and Sponsor will not provide any compensation or substitution for that portion of the prize. Winner and guest agree to comply with all applicable venue regulations in connection with the football game. Sponsor and the applicable venue representatives reserve the right to remove or to deny entry to winner and his/her guests who engage in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the football game or in any other objectionable behavior.
All federal, state, provincial and local taxes, and all other expenses not expressly listed above are the sole responsibility of the winners, regardless of whether the Prize, in whole or in part, is used. The Prize is nontransferable and may not be substituted or redeemed for cash by winner, except at the sole discretion of the Sponsor. Sponsors reserves the right to substitute the Prize (or any portion thereof) for one of equal or greater value. The ARV of the Prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes where required by law. Winner may be issued an IRS 1099 form for prizes over $600. Unclaimed prizes will be not be awarded. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY, AND PROMOTION WINNER HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSORS WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
General Promotion Information:
Sponsors are not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any human error which may occur in the processing of the entries. Sponsor reserves the right, in its sole discretion to cancel or suspend this Promotion for any reason should (including but not limited to fraud, virus, bugs or other) causes beyond the control of Sponsor corrupt the administration, security or proper play of the Promotion. In the event of cancellation, Sponsors may randomly award the prize from among all eligible, non-suspect entries received prior to cancellation. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process. Any person attempting to defraud or tamper with this Promotion will be prosecuted to the fullest extent permitted by law and will not be eligible for the prize.
Sponsors are not responsible for any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the Promotion or any Website or online service via the internet due to hardware or software compatibility problems; inability to access a participating retail location; any damage to Entrants (or any third person’s) computer and/or its contents related to or resulting from any part of this Promotion; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions. Promotional Parties shall have no responsibility or liability for cancellations and/or delays or any change by any entity or other persons providing any of components of the prize for the prize winner due to reasons beyond Sponsor and/or Promotional Parties control. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
Limitations of Liability/Release:
As a condition of entering, Entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (i) release, indemnify, and hold harmless the Sponsors, each of their affiliates, subsidiaries, retailers, sales representatives, distributors, Twitter Inc., and each of their officers, directors, employees and agents (“Promotional Parties”), from any and all liability, damage, or loss resulting or arising from or incurred with respect to the Promotion or arising from or incurred from the awarding, receipt, possession, and/or use or misuse of any prize, including any traveling related thereto; (ii) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (iii) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (iv) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs; and (v) hereby acknowledge that Promotional Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize.
Promotional Parties are not responsible or liable for multiple Entries of any kind entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), or for Entries that are late, destroyed, forged, lost, stolen, misdirected, tampered with, incomplete, deleted, damaged, or otherwise not in compliance with these Official Rules. All such Entries will be disqualified. By entering the Promotion, Entrants agree and acknowledge to waive any rights to claim ambiguity with the Rules and Laws, and that Promotional Parties shall have no responsibility or liability (including, but not limited to liability for any property loss, damage, personal injury or death) in connection with: participation in this Promotion; human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the Prize awarded herein; even if caused by the negligence of one of the Promotional Parties.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. By entering, if applicable, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in San Diego County, California.
Arbitration of Disputes:
As permitted by law, any controversy or claim arising out of or relating to this Promotion 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, Sponsor 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 Sponsor 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 PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
The first name and last initial of the Promotion winner will be available after December 10, 2014 online at http://twitter.com/callawaygolf.
No Endorsement By Twitter:
This Promotion is in no way sponsored or administered by Twitter Inc.. You understand that you are providing your information to Sponsors and not to Twitter. By using and interacting with www.Twitter.com, Entrants are subject to the terms, conditions, and policies that govern the use of Twitter.com. Entrants should therefore review the applicable terms and policies for Twitter.com, including privacy and data gathering practices, before using or interacting with Twitter.
Sponsors reserve the right to modify or cancel this Promotion at any time. In the event of a cancellation, and at Sponsors’ sole discretion, Sponsors may substitute another Promotion in its place.