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adidaS gOLF Upgrade Twitter Contest
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The adidas Golf Upgrade Twitter Contest (the “Contest”) begins on October 15, 2012 at 12:00:00 a.m. Pacific Time (“PT”) and ends on October 26, 2012 at 11:59:59 p.m. PT (the “Promotion Period”). The Contest provides entrants with the opportunity to submit photos of their old, worn out, beat up golf shoes and to submit the photos for consideration. Up to twelve (12) winners will be selected each week (for a total of twenty-four (24) winners) to receive a pair of Crossflex or Puremotion golf shoes, as further detailed below. Entry in the Contest does not constitute entry into any other promotion, contest, or sweepstakes. By participating in the Contest, each entrant (or, if the entrant is under the age of majority in his or her state of residence (a “minor”) such any minor entrant’s parent/legal guardian) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Taylor Made Golf Company, Inc. d/b/a TaylorMade-adidas Golf Company, 5545 Fermi Court, Carlsbad, CA 92008 (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Open only to legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years old or older as of time of entry. The parent or legal guardian of any entrant who is a minor in the state of his or her residence must read and agree to these Official Rules. 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 Contest or win a prize. This Contest is void where prohibited.
HOW TO ENTER: To enter, (1) "follow" @adidasgolf; and (2) send a "tweet" from your personal Twitter.com account of a picture of your old, worn out, beat up golf shoes, including the hash tag “#adigolfupgrade” and the Twitter.com user name “@adidasgolf” (a "Submission") during the Promotion Period. Limit one (1) Submission per person and per Twitter account.
GENERAL CONDITIONS OF ENTRY: Sponsor is the official timekeeper for the Contest. All entry information and materials become the property of Sponsor and will not be acknowledged or returned. Proof of entry is not considered proof of delivery to or receipt by Sponsor of such entry. Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Contest will be used in accordance with the online privacy policy available at http://taylormadegolf.com/privacy/privacy,en_GB,pg.html. Any communication or information transmitted to Sponsor by e-mail or otherwise is and will be treated as non-confidential and non-proprietary.
Entry must be made by the entrant in the manner described above. 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 sweepstakes subscription notification and/or entering service websites, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest, 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 Contest or by any technical or human error which may occur in the processing of the entries in the Contest. 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.
IMPORTANT NOTE: Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Use policy residing on Sponsor’s website, www.taylormadegolf.com, (the “Website”) which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Website because of such infringement, such Submission may be disqualified from the Contest, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes.
REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION: Each person who enters the Contest (or any minor’s parent/legal guardian) represents and warrants that his or her Submission (i) does not and will not violate or infringe upon the intellectual property rights, privacy rights, publicity rights, or other rights of any other person or entity; and (b) does not and will not violate any applicable laws, is not and will not be defamatory or obscene, and is not and will not be disparaging of Sponsor. Each entrant (or any minor entrant’s parent/legal guardian) hereby agrees to indemnify and hold the Promotion Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of entrant (or any minor entrant’s parent/legal guardian) hereunder.
ENTRANT'S GRANT OF RIGHTS: As between each entrant and Sponsor, the entrant owns all rights in and to his or her Submission. However, Sponsor must have the entrant's permission and license to use the Submission for purposes of the Contest. Accordingly, by entering a Submission in connection with the Contest, the entrant (or any minor entrant’s parent/legal guardian) hereby (a) grants to Sponsor and its affiliates, and their respective successors and assigns, permission and a non-exclusive license to reproduce, modify, perform, display, distribute, and otherwise use the Submission in any media, including, without limitation, on Sponsor's website(s) and social media pages and in promotion, advertising, and publicity for the Submission, Contest, or Sponsor; and (b) agrees to sign all further documents respecting the Submission requested by Sponsor, including any further permission or license, in order for Sponsor to use the Submission as contemplated in these Official Rules. For clarity, Sponsor has the right, but not the obligation, to use any Submission.
WINNER SELECTION: After the Promotion Period, a panel of judges selected by Sponsor will select up to twelve (12) winners from among all eligible entries received from October 15, 2012 through October 20, 2012 (the “First Week”) and up to twelve (12) additional winners from among all eligible entries received from October 21, 2012 through October 26, 2012 (the “Second Week”), based in the following judging criteria (“Criteria”):
· How worn out and beat up the old golf shoes are (50%)
The Criteria will be applied in the sole discretion of Sponsor and the individual judges. By entering the Promotion, entrants (or any minor entrant’s parent/legal guardian) acknowledge that such evaluations may differ from person to person and agree to be bound by and not challenge the final decisions of Sponsor and the individual judges. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and may be awarded to an alternate winner.
WINNER NOTIFICATION: Attempts to notify potential winners will be made using each potential winner's Twitter account. 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 respond within seven (7) 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.
PRIZES: Each of the twelve (12) winners from the First Week will receive one (1) pair of Crossflex golf shoes (approximate retail value ("ARV") $100). Each of the twelve (12) winners from the Second Week will receive one (1) pair of Puremotion golf shoes (ARV $120). Shoe sizes are as available and offered first come, first served. Some sizes may not be available.
GENERAL PRIZE CONDITIONS: No substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of equal or greater 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. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. Each prize winner shall be solely responsible for any and all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor is not responsible for and will not pay any such taxes, fees, or costs. The potential prize winner may be required to execute a Certificate of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is a minor, at Sponsor’s option, the applicable prize either will be awarded in the name of the parent/legal guardian of such minor winner, or the parent/legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If any potential winner (or, in the case of a minor, such minor winner’s parent/legal guardian) fails or refuses to sign and return all Prize Claim Documents within ten (10) days of prize notification, the winner may be disqualified and an alternate prize winner may, in the sole discretion of the Sponsor, be selected in accordance with the procedures outlined in these Official Rules.
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 Contest 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 them or being developed by their own employees. Each entrant also acknowledges that many ideas or photographs 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 Contest 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.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize constitutes each winner’s (or any minor winner’s parent/legal guardian’s) permission for the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state/county/province) for advertising and/or publicity purposes worldwide related to the Promotion and in all forms of media now known or hereafter developed, in perpetuity, without further notice or compensation. Entrants (and any minor entrant’s parent/legal guardian) agree that, to the maximum extent permitted by applicable law, the Promotion Entities (A) shall not 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, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ (or any minor entrant’s parent/legal guardian’s) acceptance, receipt, possession and/or use or misuse of any prize, and (B) 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. 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, delayed computer transmissions or network connections that are human or technical in nature, to the maximum extent permitted by applicable law. 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, 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 of 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. Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or entry with these Official Rules. 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. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Promotion-related materials, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by applicable law.
DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
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 contestants shall not be entitled to any damages or other relief by reason thereof.
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 CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE State of California WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. For the purposes of any disputes hereunder, by entering this Contest, each entrant (or any minor entrant’s parent/legal guardian) agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Contest shall be resolved individually, without resort to any form of class action and consents to the EXCLUSIVE jurisdiction and venue of the appropriate state or federal court situated in San Diego County, California.
ARBITRATION PROVISION: By participating in this Contest, each entrant (and any minor entrant’s parent or legal guardian) agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (a) the Contest, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in San Diego County, California; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Contest; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant 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 entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of 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, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
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 a self-addressed envelope with the proper postage affixed to:
TaylorMade-adidas Golf Company
attn: adidas Golf Upgrade Twitter Contest
5545 Fermi Court
Carlsbad, CA 92008
Please specify “winners list” or “Official Rules” and the name of the Promotion in your request.