U:Design Instant Rebate Promotion

Callaway® U:Design Instant Rebate Promotion
Terms and Conditions

From June 3, 2014 through June 30, 2014 ("Promotion Period"), purchase a new, 2014 U:Design Big Bertha or U:Design Big Bertha Alpha Driver ("Qualifying Drivers") and receive an instant rebate from the participating authorized U.S. Callaway retailer ("Participating Retailer") at point of purchase ("Instant Rebate") as follows:

U:Design Big Bertha Driver
U:Design Big Bertha Alpha Driver

The following additional terms and conditions govern this offer:

  • Purchase must be made at Participating U.S. or Canada Retailer ("Qualifying Locations"). Not all Callaway retailers are participating in this offer.
  • A Qualifying Driver is defined as a new 2014 U:Design Big Bertha or U:Design Big Bertha Alpha Drivers purchased during a single transaction at a Qualifying Location.
  • Redeemable at point of purchase only. Instant Rebate is the sole responsibility of the Participating Retailer. Callaway is not responsible for payment of the Instant Rebate.
  • Instant Rebate is deducted by Participating Retailer from the retail price as determined by Participating Retailer of the Qualifying Drivers at time of purchase.
  • No Instant Rebates will be sent by mail.
  • Limited time only. While supplies last at retail.
  • Subject to retailer stock. No rain checks.
  • Void outside of the U.S. and where prohibited or restricted by law.

Offer valid on purchases made during the Promotion Period of new individual Qualifying Drivers only. Go to www.CallawayGolf.com for a complete list of Participating Retailers. Purchases made from anyone other than a Participating Retailer or purchases made before the start of the Promotion Period are not eligible for this Promotion ("Non-Qualifying Purchases"). Non-Qualifying Purchases also include, among others (i) purchases made on online auction sites or refurbished or reconditioned merchandise; (ii) purchases made outside of the United States; (iii) purchases of used or pre-owned products; (iv) purchases or redemptions made via member rewards or VIP programs or free, giveaway or promotional merchandise; (v) wholesale, governmental, institutional or group purchases; (vi) products obtained through corporate or affiliate programs, loyalty programs, employee purchase programs or points programs; and (vii) purchases made outside of the Promotion Period. Only actual purchasers of Qualifying Drivers purchased from Participating Retailers may participate in this Promotion. Promotion valid for purchases made by consumer end-users only and not for products purchased for re-sale or promotional/charity/tournament or other group events. No substitutions or rain checks. Instant Rebates cannot be sold or transferred nor combined with other discounts, offers or promotions. No cash value. Instant Rebates are not retroactive for previous purchases.

Callaway reserves the right to modify, suspend or end this offer at any time for any reason.

In the event of questions regarding Instant Rebates or these Terms and Conditions, Callaway reserves the right to review documentation and make the final determination of claim eligibility. All decisions made by Callaway and/or its authorized agents are final. This Promotion is governed by the laws of the State of California for the resolution of all claims and disputes.

Any claim or dispute between that arises in whole or in part from this Promotion shall be decided exclusively in arbitration. Representative and class actions are not permitted or authorized under these Terms and Conditions or otherwise. The arbitration of an individual claim shall be conducted pursuant to the JAMS Streamlined Arbitration Rules and Procedures. Callaway shall select and pay the cost of the arbitrator, but you shall have the right to object to the choice of arbitrator on grounds of bias. You may elect to conduct the arbitration telephonically or only on written submissions. No electronic discovery shall be permitted or required with respect to the Promotion. These Terms and Conditions or any other legal notices published by Callaway in connection with the Promotion, shall constitute the entire agreement between you and Callaway concerning the Promotion. If any term contained in these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Callaway's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND CALLAWAY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS PROMOTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. BY ACCEPTING AN INSTANT REBATE YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO PUNITIVE DAMAGES IN CONNECTION WITH ANY CLAIM YOU MAY PURSUE.

To the fullest extent allowed by law, by accepting the Instant Rebate, the Promotion participant releases Callaway Golf Sales Company, its parent, subsidiaries, and affiliates, its advertising and promotion agencies and the respective shareholders, directors, officers, distributors, employees and agencies of all such entities (collectively, the "Promotion Parties"), from all liability arising from or in connection with this Promotion. Promotion participants acknowledge that none of the Promotion Parties have made or are in any manner responsible or liable for any representation, guarantee or warranty, expressed or implied, in fact or in law, relative to any Instant Rebate provided herein, including, but not limited to, its quality or fitness for a particular purpose.

To the fullest extent allowed by law, by participating in this Promotion, all participants consent to Sponsor's collection, use and disclosure of personal information to any third party for the purposes of administering the Promotion and, unless otherwise specified, for consumer research and marketing purposes. To the extent permitted by law, each participant agrees to Sponsor's use of his/her personal information, as described in Sponsor's Privacy Policy located at: www.callawaygolf.com/en.cg.PrivacyPolicy.html and its Legal Statement located at www.callawaygolf.com/en.cg.PrivacyPolicy.LegalStatement. Participation in this Promotion constitutes consent to be added to Sponsor's and related companies direct mail and Internet marketing databases. By participating in any manner, participants agree to be bound by these terms and conditions of the Promotion.

Offer not valid for employees of Promotion Parties or their respective retailers, suppliers and/or distributors, and their respective employees.

Return policies are determined by individual Selling Retailers and may vary.

SPONSOR: This Promotion is offered by Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, CA 92008.

┬ę 2014 Callaway Golf Company. The Chevron Device, Callaway, Callaway Golf and X2 HOT are trademarks and/or registered trademarks of Callaway Golf Company. All rights reserved.