Five Iron Golf Holiday Sweepstakes
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE FIVE IRON GOLF HOLIDAY SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID WHERE PROHIBITED. SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT. READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
The Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age and older at time of entry except as set forth below.
Notwithstanding the foregoing, the following individuals and members of their families (spouses and parents, grandparents, children, siblings and their respective spouses, regardless of where they reside) and immediate household members (whether related or not) are not eligible for participation: employees, officers, and directors of Five Iron Golf (“Sponsor”) and its affiliated companies, wholesalers, distributors, and Sponsor’s advertising and promotional agencies. All applicable federal, state, and local regulations apply.
- START/END DATES:
Sweepstakes begins at 10 a.m. Eastern Time (ET) on 12/17/22 and ends at 12:00 p.m. ET on 12/18/22. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram. You are providing your information to Sponsor.
- HOW TO ENTER:
If you enter the Sweepstakes using a mobile device (“Mobile Device”) on your mobile service provider’s network (as opposed to a Wi-Fi network), your carrier’s standard message and data rates apply.
There is a limit of one (1) entry per person for the entire Sweepstakes. You may not enter more times than indicated by using multiple accounts in an attempt to circumvent the entry limitation. If you use fraudulent methods or otherwise attempt to circumvent these Official Rules, your entry may be void. All entries must be unique and must be received by 12:00 a.m. ET on 12/18/22.
By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor and its appointed agents. Please note that there is a limit of one (1) prize per individual, household, street address, and/or e-mail address during any six (6) month period across all Sponsor promotions.
- SUBMISSION GUIDELINES:
All entry information, comments, posts and/or photographs shall be collectively referred to herein as the “Submissions” or each as a “Submission.” By entering, each entrant warrants and represents the following with respect to his/her Submission: that each submission (a) was created by entrant; (b) does not incorporate or include anything that would require the consent of any third party and does not include third-party (non–Sponsor) trademarks; (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party; and (d) does not violate these Official Rules, including the usage guidelines found herein.
Furthermore, by submitting an entry, entrant grants to Sponsor and its designees, licensees and assigns the right to display or otherwise use the comment, tweet, post and/or photograph. Winning entries will grant Sponsor and its designees, licensees and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free license and right to use, display, reproduce, publish, distribute, make derivative works of, and otherwise commercially and non-commercially exploit the winning Submission as a condition of being selected a winner.
Each Submission must comply with the following requirements:
- Submission cannot have been submitted previously in a promotion of any kind.
- Submission should be created and submitted by entrant, and by entering the Sweepstakes, entrant warrants and represents that he/she is the sole author and owner of each submission.
- Submissions deemed by Sponsor, at its sole discretion, to fall into any of the following categories will be automatically disqualified:
- Submission deemed to be disparaging of Sponsor, its brands, or anyone else.
- Submission containing any use of profanity, obscenity, nudity, racism, or sexual content.
- Submission promoting images and/or the use of drugs (legal or illegal), tobacco, or firearms or other weapons.
- Submission promoting any activity that may appear to be unsafe and/or dangerous.
Submissions may not contain any of the following, or they will be automatically disqualified:
- Material that promotes bigotry, racism, hatred, harm, or violence against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
- Material advertising or promoting any brand or product of any kind other than Sponsor’s.
- Content which may be deemed to infringe on the trademark, logo, or trade dress rights of any third party.
- Copyrighted material owned by any entity other than Sponsor.
- Material embodying the names, likenesses, or other indicia identifying any person other than Sponsor and the Five Iron Golf product, including, without limitation, celebrities and/or other public or private individuals, living or dead.
- Material containing any personal identification, such as names, street addresses, or e-mail addresses other than those of Sponsor.
- Material promoting any particular political party, agenda, or message.
- Material communicating any messages or images inconsistent with the positive image and/or goodwill Sponsor wishes to project.
All prize details are at Sponsor’s sole discretion. Prize is awarded “as is” and Sponsor shall not be responsible for any damage in shipping. Any prize depiction is for illustrative purposes only and shall not be relied upon. No part of the prize includes alcoholic beverages. Prize is not transferable or redeemable for cash. No substitution of prize by winner is allowed, but Sponsor reserves the right to substitute a prize of comparable or greater value at its sole discretion.
Prize Award: A total of one (1) prize will be available to be awarded. The potential winner will be notified on 12/19/22. The prize award consists of one (1) $250 5i gift Card (1) One Month of Five Iron Membership, and (1) One-hour golf lesson. Approximate retail value (“ARV”) of the prize award: $750.
If no eligible entries are received, then the prize shall not be awarded. Once shipped, the prize shall be considered delivered and Sponsor shall have no responsibility for any shipment that is delayed, damaged, lost, misdelivered or stolen. Winner shall look solely to shipping carrier for any lost, damaged, misdelivered or delayed shipment.
All expenses and costs incurred as a result of seeking, winning, and/or making use of a prize are the sole responsibility of winner. Any expense or cost not expressly stated in the description of the prize set forth above is the sole responsibility of winner. All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize.
- ODDS OF WINNING:
Odds of winning the prize are dependent on the number of eligible entries received.
- WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
Potential winner will be selected at random and contacted via post and/or direct message to their associated Instagram account. If potential winner fails to respond within twenty-four (24) hours of first notification attempt, if prize notification is not received, cannot be sent or is returned as undeliverable, if potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited, and prize shall remain unawarded. Upon forfeiture of prize, no alternate prize award or compensation will be given.
- LICENSE AND RELEASE:
Participation in the Sweepstakes and acceptance of prize constitute winner’s permission for Sponsor or its agents to photograph, film, and record each winner and to use his/her name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner regarding the Sweepstakes or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law.
By participating and/or accepting a prize, entrants, and winners, acknowledge and agree that this Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with, Instagram, and agree to release and hold harmless Instagram, Sponsor, Sponsor’s advertising and promotional agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (collectively, “Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Sweepstakes, or participation in, possession, acceptance, and/or use or misuse of the prize or participation in any Sweepstakes-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any other persons providing any services to winner, including any results thereof, such as changes in services or location necessitated by same. Sponsor is not responsible if the prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Sweepstakes in any way shall be disqualified.
- ADDITIONAL TERMS:
Sponsor reserves the right to alter, suspend, or terminate the Sweepstakes at any time and with or without notice if, in Sponsor’s sole discretion, the integrity of the Sweepstakes becomes or is likely to become compromised in any way. In the event the Sweepstakes is terminated prematurely, prize will be awarded from among all non-suspect eligible entries received prior to the Sweepstakes termination or suspension date or as otherwise deemed fair and appropriate by Sponsor. No automated devices, bots, and/or other programs and/or software are permitted and all associated entries will be void. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Delivery of prize will require a street address located within the fifty (50) United States or the District of Columbia. Released Parties are not responsible for late, incomplete, invalid, unintelligible, misdirected, technically corrupted, inaccurate, false or garbled entries, emails, retweets, posts, comments, direct messages or other communications of any kind, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
In case of a dispute as to the identity of an entrant, an entry will be declared as made by the authorized account holder of the applicable social platform used for entry and such individual must comply with these Official Rules. The “authorized account holder” is deemed the natural person who is assigned the account by the applicable social platform. Potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder associated with the winning entry.
If for any reason the Sweepstakes is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, fraud, technical failure, human error, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, or theft or destruction of, unauthorized access to, or alteration of entries. Released Parties are not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to, or resulting from, participation or downloading of any materials in the Sweepstakes.
Released Parties are not responsible for printing, distribution, or production errors and may, in their sole discretion, rescind, cancel, suspend, modify, or revoke this Sweepstakes based upon any such error without liability. If by reason of a printing, computer, or other error more prizes are awarded in a prize category than the number set forth in these Official Rules, all persons purportedly making valid claims will be included in a drawing to award the advertised number of prizes available. In no case will more than the advertised number of prizes be awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or platform or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS SWEEPSTAKES.
- DISPUTES AND GOVERNING LAW:
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York City, New York. The parties agree not to raise the defense of forum non conveniens.
- SPONSOR: Five Iron Golf, New York, NY.
- ADMINISTRATOR: Five Iron Golf, New York, NY.
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