Phil Mickelson Pinehurst Giveaway
"PHIL MICKELSON PINEHURST GIVEAWAY"
SPONSORED BY CALLAWAY GOLF SALES COMPANY
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Entry Period:
The "Phil Mickelson Pinehurst Giveaway" sweepstakes ("Sweepstakes") commences at 7:00 AM PT on June 12, 2014 and ends at 5:00 PM PT on June 12, 2014 ("Sweepstakes Period"). All entries must be received by 5:00 PM PT on June 12, 2014. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final. This Sweepstakes is a separate sweepstakes from the The Big, Big Bertha Payday Sweepstakes.
The Sweepstakes is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who are at least 18 years of age. Entrants who have not yet reached the age of majority in the jurisdiction in which they reside ("Minors") must obtain parental or legal guardian consent to be eligible to enter Sweepstakes. Employees, agents, directors of Callaway Golf Sales Company ("Callaway" or "Sponsor"), and The Marketing Arm Inc. ("Administrator"), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of the Sweepstakes ("Sweepstakes Entities"), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; (e) acknowledge that the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter; and (f) agree to release and hold harmless Sweepstakes Entities and Twitter from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
3. To Enter:
There is a limit of one (1) entry per person. If it is suspected that an entrant submits more than one (1) entry, only the first entry received will be considered. In the event of a dispute over who submitted a winning entry, the "authorized account subscriber" of the Twitter account used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. It is the sole responsibility of the entrant to notify the Administrator in writing if the entrant changes his or her Twitter account during the Sweepstakes Period. The "authorized account subscriber" for Twitter is defined as the natural person who is assigned an account by Twitter. Proof to Sponsor's satisfaction of being the authorized account subscriber may be required by Sponsor.
4. Entry Guidelines:
All contents of entrants' entries must be completely original to each such entrant and must not have been taken or composed, in whole or in part, from any other source other than entrant, must have been created specifically for Sweepstakes, and must not have been released commercially in order to be an Eligible Entry (hereinafter defined). Entries which contain materials that are not the original work of the entrant, or are illegible or incomplete, will not be accepted or eligible to win.
Entries must not include, depict or make reference to any of the following: obscenity, inappropriate language, nudity, sexual explicitness, drug or alcohol use, unauthorized copyrighted, trademarked, or patented properties, including brand names, logos, or trade dress, material that promotes any activities that may appear unsafe or dangerous, or promotes any particular political agenda or message, material that is hateful, tortious, defamatory, false or misleading, disparaging, slanderous, libelous, or otherwise unlawful, material that violates or infringes another's rights, including but not limited to, rights of privacy or publicity or any other intellectual property rights, material that promotes bigotry, racism, hatred, or harm against any group or individual, or promotes discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age, personally identifiable information, including but not limited to, license plates, phone numbers, personal addresses, and any other content, including but not limited to, text, images, graphics, photographs, captions and descriptions, or data that could be considered inappropriate or offensive, as determined by Sponsor in its sole discretion. Further, entries must not contain any claim that is not, and cannot be, substantiated or that would be false or misleading to a reasonable consumer.
Sponsor reserves the right to disqualify any entry that it deems, in its sole discretion, to be a violation of the Official Rules or that is not in keeping with the Entry Guidelines specified herein or Sponsor's image or which communicate messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to be associated.
All entries submitted in compliance with these Official Rules and not disqualified are considered "Eligible Entries". Receipt of entry will not be acknowledged. Proof of entry will not be deemed to be proof of receipt of entry by Sponsor.
The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period.
First Place Prizes: One First Place Winner will receive one (1) Phil Mickelson autographed Big Bertha Alpha driver, with an approximate retail value ("ARV") of $500, and the other First Place Winner will receive one (1) Phil Mickelson autographed Pinehurst Staff Bag, with an ARV of $500.
Second Place Prize: The one (1) Second Place Winner will receive one (1) Phil Mickelson autographed Pinehurst flag, with an ARV of $25.
The First and Second Place Prizes will hereinafter collectively be referred to as ("Prize" or "Prizes"). The First and Second Place Prize winners will hereinafter collectively be referred to as ("Winner" or "Winners"). The total ARV of all of the Prizes is $1,025. The ARVs are subject to change based on current market conditions at time of Prize fulfillment. Any difference between the ARVs and the actual values, if any, will not be awarded.
7. Publicity Release:
By participating in Sweepstakes, each Winner grants the right to Sponsor, and its representatives, affiliates, licensees and assigns, to record, film, videotape and photograph the Winner ("Images"). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
8. Winner Selection and Notification:
There will be three (3) Winners selected in a random drawing from among all of the Eligible Entries received on or about [June 12, 2014] by Sponsor's independent judging agency, Administrator. The potential Winners will be notified by Direct Message on Twitter and will be required to confirm his/her name, address and phone number within twenty-four (24) hours from when Direct Message is sent. If a potential Winner does not confirm his/her contact information as requested within the twenty-four (24) hour time period, an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Entries received. Administrator will then attempt to contact the potential Winners via the telephone number provided to confirm their eligibility. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly and/or does not meet the eligibility requirements, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Entries received.
9. Winner Verification:
The potential Winners may be required to prove eligibility, including, without limitation, proof of age, residence and identity, which may include submitting a copy of a driver's license, passport or similar government issued identification when notified of being a potential Winner. Providing potential Winners are in compliance with the Official Rules and have successfully proven eligibility when required, potential Winners will each be determined to be a ("Winner" and collectively "Winners"). In the event of non-compliance by a potential Winner such potential Winner shall be disqualified and all privileges otherwise due as a Winner shall be terminated and an alternative potential Winner will be chosen in a random drawing from among all of the remaining Eligible Entries received, even if the disqualified potential Winner's name may have been publicly announced. Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in event that any potential Winner fails to comply with these Official Rules.
By participating in Sweepstakes, Winners acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners (or any parent or legal guardian acting on behalf of a Winner) will be responsible for obtaining and paying for any form of insurance relating to the Prizes that Winners deem appropriate.
10. Prize Terms:
The dates for fulfillment of the Prizes will be on or about July 2014, but subject to change in Sponsor's sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prize. All costs and expenses not specifically listed above as part of the Prizes, including, without limitation, any equipment to be used in connection with the Prizes, are solely Winner's responsibility. PRIZES ARE PROVIDED "AS IS". ENTRANTS ACKNOWLEDGE THAT SWEEPSTAKES ENTITIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Prizes pictured in online television, print advertising, and other Sweepstakes materials are for illustrative purposes only. Arrangements for the fulfillment of the Prizes will be made by Administrator and/or Sponsor.
All Winners with Prize values over $600 must supply Sponsor and/or Administrator with their social security number. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is over $600. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner's responsibility.
12. General Terms:
Sweepstakes Entities and Twitter are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor's sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on http://www.callawaygolf.com/rules/phil-mickelson-pinehurst-giveaway-rules if time permits and the Prizes will be awarded to Winners to be selected in a random drawing from among all of the remaining uncorrupted applicable Eligible Entries received prior to any such event, or in any manner that is fair and equitable. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.
By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities and Twitter from any and all liability arising out of or relating in any way to entrant's participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities and Twitter. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from entrant's participation in Sweepstakes.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not received, or that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error that may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer system/software or mobile phone or other portable electronic device related to or resulting from participation or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
AS A CONDITION OF ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT: (I) UNDER NO CIRCUMSTANCE WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR OUT-OF-POCKET EXPENSES; (II) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION; AND (III) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ATTORNEYS' FEES. THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Request for Names of Winners and Official Rules:
All requests for a copy of the Official Rules and for the names of the Winners (first name and state) must be made by August 12, 2014. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self- addressed stamped envelope to: The Marketing Arm Inc., Attention "Phil Mickelson Pinehurst Giveaway", 4721 Alla Road, Marina del Rey, CA 90292; and (ii) write, as applicable, "Winners List" or "Official Rules" on the lower left hand corner of the envelope.
14. Sponsored by:
This Sweepstakes is sponsored by AT&T Mobility LLC, 1025 Lenox Park Blvd., NE, Atlanta, Georgia 30319.
15. Administered by:
This Sweepstakes is administered by The Marketing Arm Inc., 4721 Alla Road, Marina del Rey CA 90292.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Twitter.
NO PURCHASE NECESSARY TO ENTER OR WIN
The Sweepstakes is open to persons legally and physically residing in one of the 50 United States or the District of Columbia who are at least 18 years of age.
Sweepstakes commences at 7:00 AM PT on June 12, 2014 and ends at 5:00 PM PT on June 12, 2014
Subject to Official Rules at http://www.callawaygolf.com/rules/phil-mickelson-pinehurst-giveaway-rules. For prize descriptions see Official Rules. Odds of winning depend on number of eligible entries received. Total ARV of Prizes is $1,025.
Sponsor: Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, CA 92008-7328
VOID OUTSIDE OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW