- Description:The Callaway Golf The Big Big Bertha Payday Sweepstakes (the "Sweepstakes") begins at 6:00:00 A.M. Pacific Time (“PT”) on May 22, 2014 and ends at 3:00:00 P.M. PT on June 15, 2014 (the "Sweepstakes Period"). Sponsor’s computer is the official time-keeping device of this Sweepstakes.
- Eligibility: This Sweepstakes is only open to: (i) permanent legal residents of the fifty (50) states of the United States, D.C. and Canada (excluding Guam, Puerto Rico, all other U.S. foreign territories and possessions), (ii) who are physically located and residing therein, (iii) who are 18 years of age or the age of majority in his/her state/province/territory of residence at the time of entry into the Sweepstakes, (iv) who possess a valid Social Security, personal tax I.D. number or Social Insurance Number issued by the appropriate government agency, and (v) who have a valid email address. Employees, contractors, directors, agents, officers, successors, and assignees of Callaway Golf Sales Company ("Sponsor"), its subsidiaries or affiliates, multiple service providers, distributors, retailers, retail sales representatives, advertising or promotion agencies, those involved in production, development, implementation or handling of the Sweepstakes, and any agents acting for the above entities, and their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, or any other person or entity associated with the Sweepstakes (collectively "Sweepstakes Entities") and members of their immediate families (spouses, domestic partners, children, siblings, parents) and/or persons living in the same household as such persons, whether related or not are ineligible to enter or win the Sweepstakes.
- How to Enter:
There are two ways to enter the Sweepstakes. To enter by visiting a participating store, during the Sweepstakes Period and during regular business hours (check local listings), visit a participating retail location. To find a participating retail location, visit www.callawaygolf.com/rules/thebigbigbertha. Once at a participating retail location, find the golf section and ask a sales associate to allow you to demo The New Callaway Big Bertha Driver. Upon completion of your demo, the sales associate will provide you a card which will include instructions for how to enter the Sweepstakes, the Sweepstakes website address and an entry code (“Code”). Then, go to the Sweepstakes website located at: www.bigberthapayday.com (“Website”), complete the registration form by providing the requested information (including your complete first and last name, address (no P.O. Boxes), city, state/province, zip/postal code, valid email address, date of birth, phone number (including area code), name of participating retail location you visited, the Code, and any other information requested by the Sponsor (collectively, “Entry Information”) and click “Submit” to receive one (1) entry into the Sweepstakes (“Demo Entry”). If you are not provided with a card after demoing the product, ask the sales associates for the card and/or Code.
To participate in the Sweepstakes without visiting a participating retail location and demoing The New Callaway Big Bertha Driver: During the Sweepstakes Period, visit www.bigberthapayday.com (“Website”), provide the Entry Information requested and enter the Code BIGBERTHA2014. For the name of participating retailer location you visited select “Other” from the pull-down menu and click “Submit” to receive one (1) entry into the Sweepstakes (“Alternate Entry”).
Entrants can only register and enter the Sweepstakes under one (1) email address. The Entry Information received must match the information of the entrant that completed the act of physically entering the Sweepstakes. Demo Entries and Alternate Entries (collectively “Entry” or “Entries”) must be received by 3:00:00 P.M. PT on June 15, 2014. Limit one (1) Entry per person/email address for the entire Sweepstakes Period, regardless of method of entry. Entrants may not use any device or artifice to enter multiple times or as multiple registrants. Any entrant who attempts to enter with multiple email addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won (if any), in Sponsor's discretion. Multiple entries in excess of the stated limit by the same person will be disqualified. All Entry Information is required, must be valid and current and must be completed in full. Proof of delivery or receipt of Entry will not be deemed by Sponsor (defined below) as proof of entry. Any attempted form of entry other than as described herein is void. Those who do not follow the instructions, provide the required Entry Information, or abide by these Official Rules or other instructions by the Sponsor may be disqualified. Automated Entries are prohibited, and any use of automated devices will cause disqualification.
- Prizes /Odds of Winning:
One (1) Grand Prize (referred to herein as “Grand Prize” and/or “First Prize”) winner will receive a check made payable to the winner for an amount equal to the official prize money won by professional golfer Phil Mickelson, if any, at the Major professional golf tournament held at Pinehurst® on June 12, 2014—June 15, 2014 (the “Pinehurst® Event”), up to a maximum of $1.5 million U.S. Dollars/$1,633,050 CAD (based on rate of exchange of 05/15/2014). If, for any reason, no official prize money is won by professional golfer Phil Mickelson at the Pinehurst® Event, the value of the prize will equal the official prize money awarded to the last place participant receiving payout at the Pinehurst® Event. For clarity, Sponsor will only match the official prize money awarded by the hosting organization, up to a maximum of $1.5 million USD/$1,633,050 CAD (based on rate of exchange of 05/15/2014) and no other payments received by the player will be awarded to the winner, including, but not limited to payments under endorsement agreements, appearance fees, etc. Prize value listed in these Official Rules and all advertisement materials is an estimate based upon 2013 championship’s winner purse. Prize will be awarded in the form of lump sum in check made payable to the winner. Official results for the Pinehurst® Event shall be those declared by the hosting organization and detailed in the official rules of the hosting organization. All results shall be deemed final as of twenty-four (24) hours from the conclusion of the Pinehurst Event® (“Final Results”), unless the hosting organization announces an official review of the Final Results on or before the end of said twenty-four (24) hour period (“Immediate Official Review”). In the event of an Immediate Official Review, the results shall be deemed final concurrently with the hosting organization’s conclusion of the Immediate Official Review and official announcement of results. If there is no Immediate Official Review (i.e., no announcement of an official review of the results by the hosting organization within twenty-four (24) hours of the conclusion of the Pinehurst Event), then the original Final Results shall be used to determine the first place prize amount regardless of any future challenge to the Final Results. Approximate Retail Value (“ARV”) of the First Prize is up to: $1,500,000 USD/$1,633,050 CAD (based on rate of exchange of 05/15/2014).
One (1) Second Prize winner will receive one (1) Callaway driver autographed by Phil Mickelson. ARV of Second Prize: $500 USD/$544.35 CAD (based on rate of exchange of 05/15/2014). Exact driver will be selected by Sponsor in its sole discretion.
Approximate Retail Value (“ARV”) of all prizes is up to: $1,500,500 USD/$1,633,594.35 CAD (based on rate of exchange of 05/15/2014). Value of prizes in Canadian Dollars will revised based on rate of exchange at time of prize award, the difference (if any) will not be awarded. Odds of winning a prize depend on the total number of eligible Entries received during the entire Sweepstakes Period. No substitution, transfer or cash equivalent for a prize is permitted, except that Sponsor, at its sole discretion, may substitute a prize for one of equal value, for any reason. Any depictions of prizes are for illustrative purposes only. Prizes and prize notifications will only be shipped to street addresses in the U.S. or Canada (excluding Puerto Rico). All federal, state, provincial, or other taxes are sole responsibility of the winners. American First Place winners will receive an IRS Form 1099 from the Sponsor for the total ARV of the prize (stated herein) that he/she won in the calendar year that he/she won. Canadian residents may be subject to withholding taxes and Canadian residents are responsible for the reporting and payment of any income tax. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and any liability which might arise from redeeming or seeking to redeem said prize. All federal, state, provincial or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the winners. All entries are subject to verification prior to awarding of prize. Eligibility, age, and claims made by a prize winner also are subject to verification prior to awarding of prize. Unclaimed prizes will not be awarded.
- Drawing and Notification of Potential Winner: Sponsor’s representative (an independent judging organization) will select the prize winners in a random drawing from among all eligible Entries received during the entire Sweepstakes Period in a drawing held on June 16,2014 at 11:00 A.M. PT in Burbank, California. If the Major professional golf tournament held at Pinehurst® on June 12, 2014—June 15, 2014 is delayed by weather or a playoff, the Drawing will be held the day after the golf tournament is complete. Potential winners will be sent a notification package advising them of their potential winning status via express courier within five (5) business days of the drawing date by the Sponsor’s representative at the address provided at point of entry. Potential winners will have three (3) business days from the time and date the notification package was delivered within which to respond to the prize notification, or his/her entry will be disqualified and his/her prize forfeited and an alternate potential winner may be selected at Sponsor’s sole discretion. Potential winners, at Sponsor’s sole discretion, will be required to execute, sign, have notarized and return an unaltered original Affidavit/Declaration of Eligibility, a Liability Release, a Publicity Release (where legal), an IRS TAX form W9 (for U.S. residents only) and any other documentation that Sponsor requires (collectively "Affidavit/Release") within five (5) days after receipt by potential winner or such potential winner may be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If potential winner is a resident of Canada, he/she must correctly answer a time-based mathematical skill-testing question administered by the Sponsor or Sponsor’s representative by phone/mail to be eligible for the prize.
If any potential winner cannot be reached after a reasonable effort has been exerted by the Sponsor and/or its representative, if he/she is found to be ineligible, if his/her prize notification is returned as undeliverable, if required documents are not returned timely, or if he/she cannot or does not comply with these Official Rules, potential winner will be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. If an entrant changes his/her email address after he/she enters the Sweepstakes, it is his/her sole responsibility to notify the Sponsor by postal mailing notice to the address listed below, to be received by the end of the Sweepstakes Period. Winner’s names may be announced (subject to verification by the Sponsor) on Website and/or on a publically available winner’s list. Sponsor and its representative are not responsible for change of email address, mailing address and/or telephone number of entrants.
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 Sweepstakes will be prosecuted to the fullest extent permitted by law and will not be eligible for the prize. If, for any reason (including, but not limited to fraud, virus, bugs, or other causes beyond the Sponsor’s control), the Sweepstakes is not capable of running as originally planned, Sponsor at its sole discretion, subject to the approval of the Régie des alcools, des courses et des jeux reserves the right to cancel, suspend or modify the Sweepstakes or any portion(s) thereof and conduct the drawing from among all salvageable, eligible, non-suspect Entries received prior to cancellation, if any. In the event of a dispute regarding the identity of an entrant for Entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of submission will be deemed to be the Entrant and must comply with these Rules. “Authorized Subscriber” is the natural person who is assigned to the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses. The potential winner may be required to show proof of being the authorized account holder.
- Disclaimers: Sweepstakes Entities 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 Sweepstakes, entrants agree and acknowledge to waive any rights to claim ambiguity with the Rules and Laws, and that Sweepstakes Entities 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 Sweepstakes; human error; incorrect or inaccurate transcription of entry information; acceptance/possession, use/misuse, and/or defects of the Prize awarded herein or any item redeemed with the prize; even if caused by the negligence of one of the Sweepstakes Entities. Entrants further agree (and agree to confirm in writing) to: (i) indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes; (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 Sweepstakes, 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 Sweepstakes Entities 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 (including but not limited to, in case of a Canadian winner, disputes over answers to mathematical skill-testing questions). Sponsor is 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 Sweepstakes 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 Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions. Sweepstakes Entities 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 Sweepstakes Entities 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.
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.
- Governing Law: 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 Sweepstakes, 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 Sweepstakes 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
- For residents of Quebec: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the board only for the purpose of helping the parties reach a settlement.
- Official Rules/Names of Winners: To receive the names of the winners (after June 16, 2014) or a copy of these Official Rules, send a self-addressed stamped envelope to: Callaway Golf The Big Big Bertha Payday Sweepstakes, “Official Rules” or “Names of Winners” (Specify which), P.O. Box 6611, Burbank, CA 91506. All requests must be received by August 18, 2014. Canadian residents may omit return postage. Winners’ names may also be posted on Website.
- Sponsor: Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, California 92008.
©2014 Callaway Golf Company. Callaway marks are trademarks and/or registered trademarks of Callaway Golf Company. Pinehurst® is a trademark and/or registered trademark and servicemark of Pinehurst, LLC.