PXG PUT THE ODDS IN YOUR FAVOR CONTEST
PUT THE ODDS IN YOUR FAVOR CONTEST
Important: Please read these Official Rules before entering this Contest ("Contest"). By participating in the Contest, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST.
The Contest void where prohibited by law. Subject to applicable federal, state, and local laws.
The Contest is open only to legal residents of the United States including District of Columbia who are at least eighteen (18) years of age at the time of entry. The Contest is also only open to followers of @DrBobParsons. Employees of Parsons Xtreme Golf, LLC ("PXG"), and any of its affiliates, subsidiaries, consultants, or suppliers, and their immediate family members (including spouses, parent, siblings, and children) and household members are not eligible to participate in the Contest. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible, to win a prize, entries must be completed and received by Sponsor in the manner and format designated below.
2. CONTEST PERIOD:
The Contest starts at 8:00 am Mountain Time ("MT") on 09/22/2020 and ends at 11:59 pm MT on 10/13/2020 ("Contest Period"). All entries must be received during the Contest Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor's or its designee's computer is the official time-keeping device for the Contest.
3. HOW TO ENTER:
To enter, (1) submit a comment on a specified @DrBobParsons Instagram post (“Comment”), (2) tag one friend who is not currently following @DrBobParsons on Instagram (“Tagged Friend”) during the Contest Period, (3) follow @DrBobParsons on Instagram, and (4) the Tagged Friend must also follow @DrBobParsons on Instagram during the Contest Period (“Submission”). Upon completion of these steps, you will receive one entry into the Contest. Limit one (1) Submission per person during Contest Period.
If participating in the Contest via your mobile device (which service may only be available via select devices and participating wireless carriers and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider's data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
4. SUBMISSION REQUIREMENTS:
The Submission must meet the following criteria (“Submission Requirements”):
- Must be original, unpublished works that does not contain, incorporate or otherwise use any content, material or element that is owned by a third party.
- Must not be defamatory, derogatory, disparaging, libelous, offensive, threatening or contain any content that is inappropriate, indecent, profane, sexual, slanderous, tortuous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the spirit of the Contest.
- Must not include any content, material or element that violates a third party’s publicity, privacy or intellectual property rights.
- Must not include content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the entry is submitted.
- Must not include any disparaging remarks relating to the Sponsor or a third party.
During the Contest Period, the Sponsor will evaluate the Submissions to ensure that the Submissions meet the Entry Requirements. The Sponsor reserves the right, in its sole discretion, to disqualify any entrant who submits a Submission that does not meet the Entry Requirements.
5. GRANT OF RIGHTS:
Each entrant into the Contest grants to Sponsor a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to adapt, alter, amend, broadcast, create a derivative work from, distribute, edit, publicly display or perform, publish, record, reproduce, stream, and use the Submission for any purpose without any attribution or compensation to entrant. Without limiting the foregoing, Sponsor will have the right, but not the obligation, to use the Submission in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose, including, without limitation, the promotion or marketing of Sponsor. Each entrant waives and relinquishes all moral rights (droit moral) now or hereafter recognized.
6. IDENTITY OF ENTRANT:
All entries must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor's sole discretion.
In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address submitted with the entry. An "authorized account holder" means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be required to provide Sponsor with proof that a potential winner is the authorized account holder of the account associated with the winning entry.
7. WINNER SELECTION AND NOTIFICATION:
Sponsor will select the name of the potential winners for the prize(s) noted below in a random drawing on or around 9/29/2020, 10/2/2020, 10/6/2020, 10/9/2020, and 10/13/2020 ("Selection Dates") from among all eligible entries. The odds of winning depend on the number of eligible entries received.
The potential winner will be notified via Instagram comment or message within five (5) business days of the Selection Dates. To the fullest extend permitted by applicable law, Sponsor may require each potential winner to sign and return, as specified by Sponsor, an Affidavit or Eligibility and Liability/Publicity Release to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address or the potential winner does not respond within one (1) business day from the first notification attempt by Sponsor; (ii) any required documents are not returned as specified by Sponsor, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if the potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. If, by reason of a print or other error, more prizes are claimed than the number stated in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
8. VERIFICATION OF POTENTIAL WINNER:
THE POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
Contest prize is as follows: Five (5) prize winners and their Tagged Friends will each win one of ten (10) BlackjackTM
putters. Approximate Retail Value (“ARV”) of each prize: $450. One (1) grand prize winner and his/her Tagged Friend will each win (1) a full bag of PXG golf clubs including a BlackjackTM
putter (a total of 14 clubs), and (2) One Thousand Dollar ($1,000). ARV of each grand prize: $8,500. Total ARV of all prizes: $21,500. ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Contest. All costs associated with winner's acceptable and use of the prize not explicitly stated in these Official Rules are the sole responsibility of the winner, and Sponsor will not provide any compensation or reimbursement for these costs, including transportation, lodging accommodations, spending money, meals, or other ancillary costs. Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). By accepting a prize, Winners acknowledge compliance with these Official Rules. Please allow up to 4 weeks for delivery of prize.
Sponsor, and any of its respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Contest.
11. LIMITATION OF LIABILITY AND RELEASES: By entering the Contest, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses, and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, (including negligence), warranty or other theory.
ENTRANTS AGREE TO RELEASE, DEFEND, INDEMNIFY, DISCHARGE AND HOLD HARMLESS THE SPONSOR AND ADMINISTRATOR FROM ANY SUCH CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION FROM ANY DAMAGE, INJURY, DEATH, LOSS OR OTHER LIABILITY EITHER AT LAW OR EQUITY WHETHER KNOWN OR UNKNOWN, ASSERTED OR NOT ASSERTED THAT MAY ARISE FROM OR IN ANY WAY RELATE TO YOUR PARTICIPATION IN THE CONTEST OR THE AWARDING, ACCEPTANCE, USE OR MISUSE OF ANY PRIZE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE CONTEST OR USE OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE CONTEST OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTEND PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE RELEASED PARTIES (JOINTLY) ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN THE CONTEST OR USE OF OR INABILITY TO USE ANY EQUIPMENT PROVIDED FOR USE IN THE CONTEST OR ANY PRIZE EXCEED $10. THE LIMITATIONS STATED IN THIS SECTION WILL NOT EXCLUDE OR LMIT LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS RENTED FROM THE SPONSOR, OR FOR THE RELEASED PARTIES’ GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FOR FRAUD.
To the fullest extent permitted by applicable law, entry into the Contest constitutes permission to use your name, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further permission or compensation. By entering the Contest, Entrants consent to being contacted by Sponsor for any purpose in connection with the Contest.
14. WINNERS LIST AND RULES:
For copy of the winner list, mail your request along with a stamped, self-addressed envelope to the address listed in Section 19 below. For a copy of the Official Rules, please visit: https://www.pxg.com/en-us/legal/pxg-put-the-odds-in-your-favor-contest
15. INTELLECTUAL PROPERTY NOTICE:
All PXG-related trademarks are trademarks of Parsons Xtreme Golf, LLC. All other trademarks or registered trademarks used herein are the property of their respective owners. The Contest and all accompanying materials are copyright 2020 by Parsons Xtreme Golf, LLC. All rights reserved.
16. DISPUTE RESOLUTION:
EACH ENTRANT AGREES THAT ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST OR ANY PRIZE AWARDED WITH BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AN EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR THE APPROPRIATE STATE COURT LOCATED IN MARICOPA COUNTY, ARIZONA. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND AGREE TO SUBMIT TO THE JURISDICTION OF THOSE COURTS.
17. NO OBLIGATION TO USE:
Sponsor has no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Submission for any reason, with or without legal justification or excuse, and Entrants will not be entitled to any damages or other relief by reason thereof.
18. GENERAL CONDITIONS:
Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its discretion, and to suspend or cancel the Contest or any entrant’s participation in the Contest should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s reasonable control affect the administration, security or proper play of the Contest, or Sponsor otherwise becomes (in its discretion) incapable of running the Contest as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Contest, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Contest. Any attempt by an entrant or other individual to deliberately damage any website associated with the Contest or undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waive of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
The Sponsor of the Contest is Parsons Xtreme Golf, LLC, 15690 N. 83rd Way, Scottsdale, AZ 85260. This Contest is in no way sponsored, endorsed, or administered by, or associated with Instagram or Facebook. Please direct questions or comments regarding the Contest to the Sponsor, and not Instagram or Facebook.