TaylorMade-adidas Golf 2016 USPGA Championship Golf Bag Twitter promotion

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. 

PROMOTION DESCRIPTION:  TaylorMade-adidas Golf 2016 USPGA Championship Golf Bag Twitter promotion (the “Promotion”) begins on Tuesday 9th August 2016 at 11:00:00 a.m. (“GMT”) and ends on Thursday 11th August 2016 at 23.59. (the “Promotion Period”).  At the end of the Promotion Period, a random draw will be conducted from among all eligible entries received during Promotion Period to select one (1) prize winner1, as more fully set forth below.  The prize shall be one (1) TaylorMade USPGA Championship Edition Staff Bags (“Prize”).  Entry in the Promotion does not constitute entry into any other promotion, contest, or Promotion.  By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Taylor Made Golf Limited. d/b/a TaylorMade-adidas Golf, of TaylorMade Court, Jays Close, Viables Business Park, Basingstoke, Hampshire RG22 4BS, UK (“Sponsor”), which shall be final and binding in all respects.  This Promotion is void where prohibited.  This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter or any other social media platform (the “Social Media Platforms”).

ELIGIBILITY:  Open only to residents of United Kingdom who are eighteen (18) years old or older as of time of entry.  Officers, directors, and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Promotion or win a prize. 

HOW TO ENTER:  To enter the competition, the entrant must retweet the competition notification posted on @TaylorMadeTour. The entrant need not comment further or “Like” the tweet. Limit one (1) entry per person. The prize draw is free to enter and no purchase is necessary.

Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic, libelous, hate speech, or otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Entrants are deemed to have accepted and agreed to be bound by these official rules upon entry. The Sponsor reserves the right to refuse entry, or refuse to award the prize to anyone in breach of these official rules.

GENERAL CONDITIONS OF ENTRY:  The Twitter website database clock is the official timekeeper for the Promotion.  All entry information and materials become the property of Sponsor and will not be acknowledged or returned.  Proof of entering information is not considered proof of delivery to or receipt by Sponsor of such entry.  Sponsor may engage a third party application provider (each, a “Third Party Application Provider”) to administer certain aspects of the Promotion, including without limitation, the online collection of entries and other entry information.   The Third Party Application Provider will provide your personally identifiable information to Sponsor, who except as set forth herein will use such information in accordance with its online privacy policy, located at http://taylormadegolf.eu/privacy/privacy,en_GB,pg.html#privacy  , and the Third Party Application Provider may also use your information for its own independent purposes in accordance with its own independent privacy practices.  Sponsor is not responsible for the storage or any use of your entry information by any Third Party Application Provider.  You should carefully review the privacy practices of any third party to determine their specific privacy policies.    Any communication or information transmitted to Sponsor by e-mail, via twitter.com or otherwise is and will be treated as non-confidential and non-proprietary. You are providing your information to Sponsor and not to Twitter.

Entry must be made by the entrant.  Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial Promotion subscription notification and/or entering service websites, will be declared invalid and disqualified for this Promotion.  Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void.  In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

ENTRANT'S GRANT OF RIGHTS:  In consideration of  entering the Promotion, each entrant into the Promotion hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Submission, in perpetuity, for any reason whatsoever in any and all media, throughout the world, without further notice to, consent by, or payment to entrant.  Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, make derivative works of, or alter the Submission for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein.  Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity.  Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements. Sponsor shall have the right to announce winners via the Social Media Platforms.

WINNER SELECTION AND NOTIFICATION:  At the end of the Promotion Period, Sponsor (or its designee) will conduct a random draw from all eligible Submissions received during the Promotion Period to select one prize winner.  Attempts to notify potential winners will be made using the direct message function on Twitter or via e-mail using the information submitted to Sponsor or its Third Party Application Provider, and will include Sponsor’s contact information in order to claim the Prize.  Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason.  If, despite reasonable efforts, a potential prize winner does not accept the prize within four (4) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected.  If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded. 

 

GENERAL PRIZE CONDITIONS:  No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Prizes will be awarded only if the potential prize winner fully complies with these Official Rules.  The prize is non-assignable and non-transferable.  Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only.  The prize is provided as is and without any warranty. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Each prize winner shall be solely responsible for all taxes they may incur in being awarded the prize, and the reporting consequences thereof, and for their standard internet access charges for entering the promotion.  The potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents").  If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, the winner may be disqualified and an alternate winner may be selected. 

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Promotion does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission.  Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees.  Each entrant also acknowledges that many ideas or other materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format, or other respects.  Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material.  Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.

NO OBLIGATION TO USE:  Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Acceptance of a prize constitutes winner’s permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (where relevant) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. 

Entrants agree that the Promotion Entities and the relevant Social Media Platforms (such as Twitter) (A) shall not, to the greatest extent permitted by law,  be responsible or liable for, and are hereby released from, any and all costs, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury (other than directly arising from the Sponsor’s or Promotion Entities negligence) , due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession, and/or use or misuse of any prize, and (B) to the greatest extent permitted by law, have not made any warranty, representation, or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. No liability is excluded or limited if it arises from fraud.  Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Promotion, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, or delayed computer transmissions or network connections that are human or technical in nature. 

Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. 

Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.  No mechanically reproduced, illegible, incomplete, forged, software-generated, or other automated multiple entries will be accepted.  Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play, and/or feasibility of the Promotion as contemplated herein. 

In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Promotion. 

If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  Only the type and quantity of prizes described in these Official Rules will be awarded.  These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor.  Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

Nothing in these official rules shall have the effect of limiting or excluding any statutory rights of a entrant who is a consumer.

GOVERNING LAW/JURISDICTION:  ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND.  For the purposes of any disputes hereunder, by entering this Promotion, each entrant agrees to the EXCLUSIVE jurisdiction OF THE ENGLISH COURTS.

WINNER’S LIST/OFFICIAL RULES To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send between the 11th August 2016 and 10th September 2016 a self-addressed envelope with the proper postage affixed to:

TaylorMade Golf Limited

Taylormade Court, jays Close, Viables Industrial estate, Basingstoke, Hampshire RG22 4BS, UK

Attn: Graeme Morton

Please specify "winners list" or "Official Rules" and “2016 USPGA Championship Golf Bag Twitter giveaway Promotion”

in your request.