Rewards Program Terms and Conditions
VOID WHERE PROHIBITED. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE REWARDS PROGRAM IN ANY MANNER, IN WHOLE OR PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT THE REDEMPTION VALUE OF THE POINTS ALREADY ACCUMULATED.
- REWARDS PROGRAM PERIOD. The Callaway Rewards program (the “Rewards Program”) period begins 6/17/2015 at 12:01:00 AM Pacific Time (“PT”) and ends in accordance with the termination section forth in Section 7 (the “Rewards Program Period”). By participating in the Rewards Program, each participant accepts and agrees to comply with these Rewards Program terms (“Terms”) and the decisions of Callaway Golf Sales Company (“Sponsor”), whose decisions shall be final and binding in all respects. Sponsor’s computer is the official time keeping device for this Rewards Program.
- ELIGIBILITY: The Rewards Program is open only to legal residents of one of the fifty (50) United States or the District of Columbia who are the age of majority in their state of residence (19 in Alabama and Nebraska and 18 in all other states) or older at the time of entry. Open to legal residents of New Jersey who are over the age of 18. Officers, directors and employees of Callaway Golf Sales Company and its respective parents, subsidiaries and affiliated companies, distributors, advertising, promotional and judging agencies, persons engaged in the development, production or distribution of materials for this Rewards Program (collectively, “Rewards Program Parties”) and the immediate family members (parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not) are not eligible to participate or redeem Points (defined below) in the Rewards Program. No groups, clubs, newsletters, companies, or organizations may participate in this Rewards Program on behalf of the group, club, company, or organization. Individuals and entities that purchase new or pre-owned products for resale are not eligible to participate in the Rewards Program.
- HOW TO EARN POINTS: For a list of ways to earn Callaway Rewards Program points (each an “Entry Method”) (“Point(s)”), please visit http://www.callawaygolf.com/on/demandware.store/Sites-CG-Site/en_US/Account-Show. Sponsor reserves the right to modify, terminate, change, and otherwise revise any of the ways to earn Points (as well as the corresponding details of such method including, without limitation, the amount/value of Points available), all at any time.
For purposes of the Point Entry Methods, to the extent the Sponsor offers Points in connection with Callaway or Odyssey product purchases, only three (3) types of purchases will be eligible for Points as follows:
(1) The purchase of new Callaway or Odyssey merchandise from authorized Callaway retailer’s brick and mortar locations or such retailer’s official website;
(2) The purchase of new Callaway or Odyssey merchandise from Callawaygolf.com, CallawayGolfGiftCard.com or Odysseygolf.com; or
(3) The purchase of new or pre-owned products, purchased directly from Callaway Pre Owned at CallawayGolfPreowned.com.
Note: Purchases made with a Callaway Golf Gift Card on Callawaygolf.com, CallawayGolfgiftcard.com, Odysseygolf.com or CallawayGolfPreowned.com are NOT eligible for Rewards Program Points. If an order is paid for partially by Callaway Golf Gift Card and partially by credit card or another acceptable method of payment, the portion paid for by other than a Callaway Golf Gift Card may be eligible for Rewards Program Points as described in these Terms.
REWARDS PROGRAM POINTS SHALL ONLY BE EARNED ON PURCHASES MADE IN THE U.S. FROM AN AUTHORIZED CALLAWAY OR ODYSSEY PRODUCT RETAILER.
For a list of authorized Callaway retailers, please see http://www.callawaygolf.com/authorized-retailers/. All additional details, restrictions, and details concerning this potential Entry Method and all other Entry Methods, see http://www.callawaygolf.com/on/demandware.store/Sites-CG-Site/en_US/CustomerService-Show?fid=legal&cid=legal.
Each participant acknowledges and agrees that the decisions of Sponsor as to Entry Methods and Point receipt shall be final, binding and conclusive in all matters relating to the Rewards Program, including without limitation determinations regarding the validity of receipt of Points and other materials submitted for verification (if any). Rewards Program materials are null and void and will be rejected if not obtained through authorized, legitimate channels.
- REGISTRATION: Register for the Rewards Program via the internet by visiting www.callawaygolf.com/rewards (“Website”) during the Rewards Program Period. Follow the on-screen instructions and register for a free Account in the Rewards Program by providing your user name, first name, last name, mailing address (no P.O. Boxes accepted), date of birth, email address, and a password (“Account”). If you access the Website via your mobile device, please note that standard data carrier rates may apply. Check with your carrier for details. Limit one (1) Account per person/e-mail address. Anyone found attempting to use multiple/different Accounts, email accounts, identities, registrations, or logins, or otherwise attempting to obtain more than the stated limit of Accounts will be ineligible, disqualified, his/her Accounts will be cancelled, and all corresponding Points may be void, in Sponsor’s sole discretion. Only the individual named as the primary account holder will accrue Points and will be entitled to access to the Account. Points may not be combined from different Accounts for any purpose. Each participant shall have the responsibility of ensuring that his or her points are properly credited. Sponsor reserves the right to invalidate Points from an Account if it determines that such Points were improperly credited to such Account or obtained fraudulently. Points do not constitute property, do not entitle a participant a vested right or interest, and have no cash value. As such, Points are not redeemable for cash, transferable or assignable for any reason.
No Point receipt or redemption will be valid if such entry is associated with any Point deemed void for any reason, including without limitation, the following: (a) Point is not verified or recognized as being validly issued by Sponsor in the Rewards Program; (b) Point is determined to be previously entered and used; (c) Point is incorrectly or incompletely entered or submitted; (d) Point was obtained in a manner deemed by Sponsor to be fraudulent or otherwise invalid; or (e) Point is otherwise void. . Except as expressly stated above, Sponsor shall have no liability or obligation with respect to any void Point.
- HOW TO REDEEM POINTS: For information on how to redeem Points, please visit www.callawaygolf.com/rewards.
Please allow approximately five (5) to seven (7) business days for Points to be credited into your Account. Points have no cash value. Any unused Points remaining in an Account after the end of the Rewards Program Period shall be void. When logged onto your Account you can check your Account history for Point balances and details. Sponsor assumes no liability for discrepancies, omissions, inconsistencies or errors in the number of Points acquired as a result thereof as reported on the Website. The decisions of Sponsor with respect to Account balances and Point transactions are final and binding in all respects. All merchandise/items/products that may be available on the website listing Points prizes is subject to change without notice and is available while supplies last. Sponsor reserves the right (without obligation) to substitute merchandise of greater or equal value in the event supplies of any one item exhaust at its sole discretion. No exchanges, returns or refunds on merchandise permitted.
- LIMITATIONS OF LIABILITY: No responsibility or liability is assumed by the Sponsor and Rewards Program Parties for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Website: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or Website;; unauthorized human or non-human intervention of the operation of the Rewards Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Rewards Program, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Rewards Program. Sponsor and Rewards Program Parties are not responsible for any typographical or printing errors in the any Rewards Program materials (including, but not limited to, at https://www.callawaygolf.com/on/demandware.store/Sites-CG-Site/en_US/Account-Profile, Website, email correspondence, and advertising materials), any display or announcement of Callaway promotion prizes (if any), or corresponding official rules (if any), or Rewards Program Terms or any inaccurate or incorrect data contained on the Website, including without limitation, the number of Points available per Entry Method, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment or mobile phone equipment resulting from participation in the Rewards Program, or use of or download of any information from the Website. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Under no circumstances will Sponsor and Rewards Program Parties be liable for punitive, incidental, consequential, or any other damages.
- MODIFICATION/TERMINATION: The Rewards Program structure is subject to modification, termination, or limitation at any time, with or without notice, in Sponsor’s sole discretion, and Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the currently recognized means of accruing Points, to exclude specific types of transaction there from or to make Points selectively available to certain participants based upon factors in its sole discretion. Additionally, membership in the Rewards Program is offered at the discretion of Sponsor and it reserves the right to modify the Rewards Program Terms, Point redemption values, benefits, Callaway promotion (if any), conditions of participation, rules for issuing, redeeming, retaining, using or forfeiting Points or any other aspect of the Rewards Program, in whole or part, at any time, with or without notice, even though such changes may affect the redemption value of the Points already accumulated. If for any reason Sponsor determines in its sole discretion that the Rewards Program or any aspect of the Rewards Program is no longer capable of running as planned or intended for any reason whatsoever (including, without limitation, any occurrences described in these Terms or any other causes which may corrupt or impair the integrity, security, fairness or proper conduct of the Rewards Program), Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, postpone, delay or modify the Rewards Program in whole or in part, including without limitation, any means of entry, at any time.
Points may expire, in Sponsor’s sole and absolute discretion. Participants must redeem and use all Points before expiration or the effective date of termination; unused Points at such point of termination will be forfeited. However, notice of early termination shall not be provided for any actions, petitions or adjudications associated with bankruptcy, insolvency, assignments to creditors or material business interruptions of Sponsor. No extensions, cash refunds or other exchanges will be allowed for expired rewards Points.
If any Account is inactive for a two (2) year period (inactivity defined as no Points added or redeemed to/from a Rewards Program Account for two (2) years), participants acknowledge and agree that Sponsor may, in its sole and absolute discretion, terminate such Account and any Points associated with such Account. Sponsor is not obligated, and will not provide notice of such inactivity or termination to participants. Sponsor reserves the right, at any time, to revise the inactive period causing termination from two (2) years. Notice of such revision shall be posted on the Sponsor’s website at www.callawaygolf.com/rewards.CONDUCT: By participating in this Rewards Program, participants agree to be bound by these Rewards Program Terms and the decisions of the Sponsor, which shall be final and binding in all respects. Failure to comply with these Rewards Program Terms may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual from participating in any aspect of Rewards Program, and/or may cancel, suspend or block any Account registered by such person (and void any associated Points) if Sponsor deems or suspects that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rewards Program Terms or the terms and conditions of the Website; or (b) damaging, tampering with or corrupting the operation of the Rewards Program; or (c) acting with intent to annoy, harass or abuse any other person; or (d) use of any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website; or (e) repeated attempts to enter and/or receive repetitive, void, additional, or otherwise invalid or fraudulent Points in one or more Accounts, as determined by Sponsor; or (f) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsor to be generally inconsistent with the intended operation of the Rewards Program. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REWARDS PROGRAM OR EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. Sponsor’s failure to enforce any term of these Rewards Program Terms shall not constitute a waiver of that or any other provision.
- RELEASES: All Participants, as a condition of participation in this Rewards Program, agree to release Sponsor and Rewards Program Parties from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with accessing the Website, submitting an entry or otherwise participating in any aspect of the Rewards Program, the receipt, ownership or use of any Callaway promotion prize awarded (if any) or any item or product redeemed with participant’s Points, or any typographical or other error in these Rewards Program Terms or other Rewards Program materials (including, without limitation, on any Rewards Program website). Sponsor makes no representations or warranties of any kind concerning the appearance, or safety or performance of any item or product redeemed with participant’s Points or Callaway promotion prize (if any), except for any express manufacturer’s warranty as may be included with the prize. Entrants bear all risk of loss or damage to any product redeemed or promotion prize after it has been delivered. Except for residents of Tennessee, and where prohibited by law, participants (including but not limited to participants in New Jersey) grant to Sponsor the right to print, publish, broadcast and use worldwide in any media now known or hereinafter known (including without limitation use online at the Website and any Sponsor websites) the winner’s name, address, voice, statement, picture or other likeness, without additional compensation, for public relations, advertising and promotional purposes as may be determined by Sponsor.
Participants 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. Participants 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.
- DISPUTES: As a condition of participating in this Rewards Program, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Rewards Program, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located in San Diego County, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Rewards Program, but in no event attorneys' fees; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS. THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT THE DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF CALLAWAY GOLF’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rewards Program Terms, or the rights and obligations of the participant and Sponsor in connection with the Rewards Program, 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, which would cause the application of the laws of any jurisdiction other than the State of California. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in San Diego, California.
- SPONSOR: Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, California 92008.