GOLFPASS TERMS & CONDITIONS
Effective date 7 June 2019
These terms and conditions (Conditions) govern your purchase of your GOLFPASS Membership and use of your GOLFPASS Benefits. They include important terms about your rights and obligations, so please read them carefully.
Your purchase and/or use of your GOLFPASS Membership constitutes your acceptance of these Conditions, including your express agreement and request that we start providing you with your GOLFPASS Benefits within your 14-day cancellation period.
These terms apply to GOLFPASS Members who reside in the United Kingdom and the European Union only.
1 YOUR GOLFPASS
1.1 GOLFPASS enables you to access benefits aimed at connecting you to every aspect of the game of golf, including WATCH, PLAY, LEARN, SHOP AND TRAVEL (GOLFPASS Benefits). All the GOLFPASS Benefits are set out in more detail on the GOLFPASS Website (Website), the GOLFPASS mobile app (App) plus Condition 8 below. We also advise you to review the GOLFPASS FAQs.
1.2 GOLFPASS is brought to you by TGC, LLC (GOLF Channel) and GOLFNOW, LLC (We, Us, GOLF). We are part of the NBC Sports Group and operate and own affiliates including; GOLF Channel, GOLFNOW, TEEOFFTIMES by GOLFNOW, Revolution GOLF, GOLF Advisor, GOLF Channel AmTour (GOLF Brands).
1.3 The following additional terms and conditions are incorporated by reference:
· TEEOFFTIMES Booking T&Cs
· GOLFNOW Booking T&Cs
1.4 Some of the GOLFPASS Benefits are provided by some of the GOLF Brands and other third-party partners. From time to time, we will provide links on the Website to the GOLF Brands or the relevant third-party partners and any such use will be subject to the GOLF Brand and/or third-party’s applicable terms and conditions.
1.5 Where there is a conflict between any additional terms, and these Conditions, then these Conditions shall take precedent.
2 HOW TO GET GOLFPASS
2.1 To purchase GOLFPASS you must:
· have a GOLF Account and be signed in;
· must be over 18 years old (anyone under the age of 18 may only utilise the Benefits with permission from a parent or legal guardian under such persons GOLF Account);
· have a credit or debit card that we accept; and
· be authorised to use that credit or debit card.
YOUR GOLF ACCOUNT
2.2 If you already have an account with any of our GOLF Brands you can sign into GOLFPASS using those same credentials.
2.3 Alternatively sign up to GOLFPASS by registering for an account on the Website/App. This will create your GOLF Account for all our GOLF Brands so that you can access the GOLFPASS Benefits utilising the same account credentials.
2.4 Once you have a GOLF Account, stay logged in, select your GOLFPASS Membership plan, which you can purchase via credit or debit card (Payment Method).
3 GOLFPASS MEMBERSHIP FEES
3.1 We currently offer two membership models, Monthly GOLFPASS or Annual GOLFPASS. The current price of the two models will be advertised on the Website/App.
4 GOLFPASS MEMBERSHIP DURATION
4.1 Your GOLFPASS Membership will start on the day you make your purchase and will end;
(a) if you cancel in your cooling off period (see Condition 6); or
(b) you tell us you want to cancel by following the steps the Condition 4.2; or
(c) we use our rights to terminate your GOLFPASS Membership under Condition 12.
4.2 Subject to Condition 5, you can cancel your GOLFPASS membership at any time, by notifying us via your GOLF Account profile, contacting our Customer Service Team by telephone, sending us an email to email@example.com.
4.3 Your GOLFPASS will automatically renew at the end of your current membership period. Unless you notify us before the next payment due date (by contacting us or by turning off “auto-renewal” in your GOLF Account profile), we will charge (where applicable) the Monthly GOLFPASS fee or Annual GOLFPASS fee using your preferred Payment Method.
4.4 If your preferred Payment Method becomes invalid during your membership period, or if the charge is refused for any other reason outside our control, you must provide us a new eligible payment method within seven (7) days of us notifying you of the refusal or the Payment Method becoming invalid or your GOLFPASS Membership will be cancelled, and you will no longer be entitled to use or access your GOLFPASS Benefits.
5.1 If you have the Monthly GOLFPASS Membership, unless otherwise agreed or required by law you will not be entitled to a refund of any fees paid. You will receive your GOLFPASS Benefits up to the end of your next monthly period in which you have notified us or your request to cancel.
5.2 Subject to Condition 5.3, if you have the Annual GOLFPASS Membership, you may be eligible for a partial refund, depending on the Benefits used by you in the current Membership period.
5.3 Unless otherwise agreed or required by law, you will not be entitled to any refund for any GOLFPASS Benefits you have used, any Additional Payments (see Condition 9 below) you may have made, and may have to pay for the market value of any Sign-up Offers (see Condition 7 below) you may have received.
6 YOUR CANCELLATION RIGHTS
6.1 By creating a GOLF Account and purchasing your GOLFPASS Membership (including via a Free Trial), you expressly agree and request that we start providing you with your GOLFPASS Benefits within your 14-day Cancellation Period.
6.2 Regardless of the Conditions above, you have the right to cancel your GOLFPASS Membership within the first fourteen (14) days of purchase (14-day Cancellation Period).
6.3 If you have not used any of your GOLFPASS Benefits in the current membership period, we will refund the fees you have paid for the current membership period in full. Otherwise, we will issue you a partial refund based on your use of your GOLFPASS Benefits during that time by you.
6.4 To withdraw within the 14-day Cancellation Period, you can contact Customer Services via phone or email, or you can use this the Model Cancellation Form.
7 FREE TRIALS & SIGN-UP OFFERS
7.1 Your GOLFPASS Membership may start with a free trial (Free Trial). The duration of your Free Trial will be specified during the sign-up process. You will be required to provide a Payment Method in order to commence your Free Trial. If you do not cancel before the Free Trial ends, we will automatically charge you the agreed price at the end of the Free Trial using the Payment Method.
7.2 Your Free Trial does not affect your right to the 14-Day Cancellation Period, however, unless the Free Trial is for more than 14-days, you agree that the 14-Day Cancellation Period ends fourteen (14) days after you start the Free Trial.
7.3 Any Free Trial is subject to eligibility to be determined by us at our sole discretion. We reserve the right to revoke the Free Trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent GOLFPASS membership to determine eligibility, as to prevent any Free Trial offer abuse.
7.4 From time to time, we may offer new GOLFPASS Members sign-up offers, which may include discount/promo codes or products from us or our partners (Sign-up Offers). These Sign-up Offers are subject to the following:
(a) Unless otherwise stated, Sign-up Offers will only apply if you purchase an Annual GOLFPASS Membership;
(b) Offers are only available to new GOLFPASS Members;
(c) Offers will be sent to (where applicable) your e-mail address or home address registered with your GOLF Account only;
(d) If you cancel your GOLFPASS Membership you may be charged the market value for any Sign-up Offer received or (where applicable) return the Sign-up Offer including paying the postage (see above);
(e) There is no cash alternative for Sign-up Offers and they cannot be replaced if lost or stolen;
(f) We reserve the right to remove the offer at any time;
(g) (where applicable) Sign-up Offers are subject to our Partners terms and conditions; and
(h) Unless otherwise stated in the confirmation email, upon the purchase of your Annual GOLFPASS Membership, you will receive your Sign-up Offers within fourteen (14) days. If you have not received your Sign-up Offers, please contact our Customer Service Team.
8 GOLFPASS MEMBERSHIP BENEFITS
8.1 The GOLFPASS Benefits are set out on our Website/App. The following terms apply to the specific GOLFPASS Benefits:
8.2 WATCH, LEARN, TRAVEL BENEFITS (video content only):
(a) GOLFPASS Members will be given access to watch and stream certain video content made available by us via the GOLFPASS Website/App, on your PC, laptop, mobile, web-enabled and any other authorised device (Device), provided any such Device has a connection to the internet, including the latest versions of any browsers and operating systems.
(b) Your use and access of the video content is for your own private use only.
(c) For further details and more information on your WATCH, LEARN and TRAVEL Benefits, please see GOLFPASS Benefits FAQs.
8.3 PLAY BENEFITS
Subject to Condition 9, all GOLFPASS Members will receive the following benefits:
(a) NO BOOKING FEES
(i) When you book a round of golf (including Hot Deals™) on GOLFNOW or TEEOFFTIMES you will not have to pay any booking fees made under your GOLF Account (usually one pound (£1) per player per booking).
(b) EXCLUSIVE DISOUNTS on GOLFNOW / TEEOFFTIMES
(i) Every month you will receive one (1) exclusive discount code (Tee Time Credit). Subject to Conditions 8.5 to 11.7 inclusive, the Tee Time Credit will entitle you a discount of up to twenty-five pounds (£25) when you purchase a Hot Deals™ tee time on GOLFNOW or TEEOFFTIMES.
(iii) The Tee Time Credit will be available in your Golf Account or sent to the email address associated with your account. If you have not received the Tee Time Credit in any given month, please contact Customer Support.
8.4 The Tee Time Credit:
(a) Must be used within thirty (30) days of being issued to you, and will not transfer, roll-over, cannot be resold, has no cash value, cannot be refunded or credited;
(b) Will only be valid for one (1) time use against one (1) individual Hot Deals™ tee time (for example: if you book a 4-ball, your Tee Time Credit will only apply against one (1) of the tee times and you will be responsible to pay for the remaining three (3) players at the full advertised price); and
(c) Cannot be combined with any other offers, promotions, coupons, or discounts.
8.5 As the Tee Time Credit is for a fixed amount (£25) if the purchase price for the one (1) Hot Deals™ tee time is:
(a) more than or equal to £25.01, you will be responsible to pay the difference of the total price so your booking can be processed; or
(b) less than or equal to £24.99, the remaining balance will be forfeited.
8.6 Please note the Hot Deals™ offered by GOLFNOW are limited so there is no guarantee that your Tee Time Credit can be used against desired Hot Deals™, so booking as early as possible is advised to avoid disappointment. Hot Deals™ tee times are only available at some participating Golf Courses and are subject to change at any time.
(a) INTERNATIONAL SHIPPING CHARGES ON REVOLUTION GOLF
(i) Subject to Condition 9, you will be eligible to receive up to (twenty-five dollars) $25 towards shipping costs for any purchases made via the Revolution GOLF Shop. You are responsible for paying any difference of the any Additional Payment required to complete your purchase. Any remaining balance will be forfeited and cannot be transferred, credited or rolled over. Any discount on shipping costs has no cash value and cannot be used for any other purpose.
(ii) Additional charges for customs clearance must be borne by the you; we have no control over these charges and can't predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information.
(iii) Some items offered on Revolution GOLF are not available Internationally due to distribution rights.
(b) DISCOUNT ON OTHER SHOP GOODS/SERVICES
(i) Subject to Condition 9, from time to time, you will be eligible to received Discounts from third party partners we engage with. Any such Discounts will be set out on the Website/App.
(a) DISCOUNT ON TRAVEL
(i) Subject to Condition 9, you will be eligible to receive Discounts towards the purchase of golf holidays and/or trips booked. These may be from GOLF Advisor or other third party partners, from time to time.
(ii) You are responsible for paying any difference of any Additional Payment required to complete your purchase. Any remaining balance will be forfeited and cannot be transferred, credited or rolled over. Any Discount on booking costs has no cash value and cannot be used for any other purpose.
(iii) You may be required to register an account with a third party partner offering the Discount and you may need to prove that you are a GOLFPASS Member.
9 ADDITIONAL PAYMENTS AND TERMS
9.1 From time to time GOLFPASS Benefits may provide you with special promotions, offers, credits and discounts (Discounts) (this may include exclusive GOLFPASS Membership pricing of goods, products, travel packages, training videos etc.) to be used to purchase goods/services from our GOLF Brands and/or our third-party partners. Where this is the case you acknowledge and accept that you may be required to make a purchase and/or contribute a payment to receive the full benefit of the Discounts.
9.2 Where you make a purchase utilising any Discounts from our GOLF Brands or third-party partners, you acknowledge that any such purchases are subject to any additional terms and conditions of sale imposed by that GOLF Brand and/or third party partner, including any returns and cancellation policies that they may impose.
9.3 Unless otherwise stated, any remaining balance of any Discounts will be forfeited and cannot be transferred, credited or rolled over.
9.4 Any Discounts (such as shipping cost discount applicable to the SHOP Benefit, golf school discount applicable to the LEARN Benefit, and golf travel credits applicable to the TRAVEL Benefit), have no cash value; cannot be used for any other purpose than stated, transferred, credited or rolled over.
9.5 Any Discounts are subject to availability and may be revoked by us or the third party partner at any time without notice.
10 COMPLAINTS & CUSTOMER SERVICE
10.1 We are committed to delivering excellent customer service. Where you are not happy with your service we want to ensure we will do all we can to rectify that. Please contact our Customer Service Team on:
TEL: 00800 3639 3639
10.2 If our Customer Service Team are unable to resolve your complaint to your satisfaction, you may (depending where you reside) refer your complaint to the EU Online Dispute Resolution platform: www.ec.europa.eu/consumers/odr.
10.3 Nothing in these Terms shall affect any of your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau, Trading Standards Office or Consumer Protection Office.
11 GOLFPASS PRIVACY & DATA PROTECTION
12 OUR RIGHTS
12.1 We may terminate or suspend (in whole or part) without any liability, your GOLFPASS Membership and access to your GOLFPASS Benefits if we consider in our sole discretion that:
(a) Your use of your GOLFPASS Membership is in breach of these Conditions or any other applicable terms and conditions referred to;
(b) You have or attempted to sell and/or distribute, in whole or part, any of your GOLFPASS Benefits to third parties;
(c) You abuse or attempt to abuse, any of your GOLFPASS Benefits (such as abusing code redemptions); and/or
(d) Undertake an activity which, in our sole opinion, constitutes misuse or abuse of the Website/App, or Your Account;
12.2 Whilst we will try to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website/App itself will be free from errors or omissions, including incorrect advertised prices.
12.3 Access to the Website/App and the GOLFPASS Benefits may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
13 OUR LIABILITY TO YOU
13.1 To the maximum extent permitted by law, we shall not be liable for:
(a) Any damage, loss, liabilities or disappointment incurred or suffered by you or anybody else in connection with your GOLFPASS Membership, use of the Website/App or otherwise;
(b) Any failure to comply with our obligations where the failure is caused by something beyond our reasonable control; or because you are in breach of your obligations; or something you have failed to do that prevents us from fulfilling our obligations;
(c) Any delay, failure or error by any third-party provider (including for example your internet service provider, our golf course partners, delivery/courier services that deliver goods) in respect of delivering any of the GOLFPASS Benefits.
(d) Any Additional Payments you make or for any purchases made on either a GOLF Brand site and/or third party site, where you may have used a promotion, discounts or offer via your GOLFPASS Memberships.
13.2 Our total liability to you:
(a) Our total liability to you in respect of all other losses arising under or in connection with your GOLFPASS Membership, to the extent permitted by law shall not exceed the greater of £200 or the total amount you have paid to us for your GOLFPASS Membership for the previous twelve (12) months.
(b) Nothing in these Conditions excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
14 GENERAL LEGAL TERMS
14.1 We reserve the right, at any time and in our sole discretion, to add to or amend these Conditions. Any amendment shall be published on the Website/App and where possible communicated to you via the email registered with your GOLF Account.
14.2 All GOLFPASS Benefits are subject to availability and from time to time we may choose in our sole discretion to add, substitute or remove any of the GOLFPASS Benefits.
14.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Conditions will not be interpreted as a waiver of your or our rights or remedies.
14.4 You may not transfer or assign your GOLFPASS Membership or any GOLFPASS Benefits, including promotion codes for GOLFPASS memberships or benefits, except as allowed in these terms.
14.5 These Conditions and your GOLFPASS Membership shall be subject to the laws of England and Wales.
15 ABOUT US
15.1 GOLFPASS is operated and owned by TGC, LLC (GOLF Channel) and GOLFNOW, LLC, both registered limited liability companies based in the United States, with offices at 7580 Golf Channel Drive, Orlando, Florida 32819. Together we are divisions within the NBC Sports Group, part of NBCUniversal Media, LLC. Our affiliates include the GOLF Brands you may already use including; GOLFNOW, Teeofftimes by GOLFNOW, GOLF Advisor, Revolution GOLF, GOLF Channel AM Tour.
15.2 For GOLFPASS Members in the United Kingdom and Europe, our Customer Service Team can be contacted at:
GOLFPASS CUSTOMER SERVICE TEAM
City Quays 1
7 Clarendon Road
Phone: (Free phone) 00800 3639 3639
(9am – 5pm Monday to Sunday, excluding 25 December)
GOLFPASS Rory Win Social Sweepstakes
Official Rules - June 9, 2019 — June 10, 2019
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The GOLFPASS Rory Win Social Sweepstakes (“Sweepstakes”) will begin on June 9, 2019 at 6:00 PM ET and end on June 10, 2019 at 11:59 PM ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state, provincial and local laws.
ELIGIBILITY: Sweepstakes open only to: (i) permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) and (ii) permanent legal Canadian residents residing in Canada (excluding the Canadian Province of Quebec), and who are eighteen (18) years of age or older and of the age of majority in their state or province of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include TGC, LLC d/b/a Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: There are three (3) methods to enter the Sweepstakes (“Entry Methods”):
2. Facebook Entry: To enter the Sweepstakes, during the Sweepstakes Period, use your personal Facebook account to visit the GOLFPASS Facebook page located at https://www.facebook.com/MyGOLFPASS (the “Facebook Page”), click the “Follow” button to follow the Facebook Page, and then click the “like” button on the GOLFPASS sweepstakes post on the Facebook Page that will be posted on June 9, 2019 at or about 6:00 PM ET (“Facebook Entry”). All “Facebook Reactions” will satisfy such Facebook Entry. A Facebook account is required to enter the Sweepstakes via Facebook. If you do not already have a Facebook account, you can go to https://www.facebook.com/ to create a free Facebook account.
3. Instagram Entry: To enter the Sweepstakes, use your personal Instagram account to visit the GOLFPASS Instagram page located at https://www.instagram.com/MyGOLFPASS (the “Instagram Page”) and click the “Follow” button to follow the Instagram Page. Then, click the “like” button on the GOLFPASS sweepstakes post on the Instagram Page that will be posted on June 9, 2019 at or about 6:00 PM ET (“Sweepstakes Post”), and tag two (2) friends in the comments section of the Sweepstakes Post (“Instagram Entry”). If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. An Instagram account is required to enter the Sweepstakes via Instagram. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account.
“Twitter Entry”, “Instagram Entry” and “Facebook Entry” will collectively be referred to as “Entry” or “Entries.” If you choose to submit an Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsors and will not be acknowledged or returned.
You may enter once through each of the Entry Methods, for a maximum total of three (3) Entries during the Sweepstakes Period. Entries must be received before June 10, 2019 at 11:59 PM ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account, Instagram account, or Facebook account, as applicable, will be deemed to be the entrant. “Authorized account holder” of a Twitter account is defined as the person assigned to the Twitter account by Twitter. “Authorized account holder” of a Facebook account is defined as the person who is assigned to a Facebook account by Facebook. “Authorized account holder” of an Instagram account is defined as the person assigned to the Instagram account by the Instagram website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: On or about June 11, 2019, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winner via direct message to potential Winner’s Twitter account, Instagram account, and/or Facebook account, as applicable, used to enter the Sweepstakes. Sponsors may share potential Winner’s name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. If potential Winner is a Canadian resident, before being declared an actual Winner, the selected entrant must correctly answer, unaided, a mathematical skill-testing question to be administered as part of the potential Winner’s Sweepstakes Documents, which must be signed and returned, along with any other documents and/or information required by Sponsors (as applicable), within the above-stated time period. Noncompliance within this time period may result in disqualification. If potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
PRIZE: There will be one (1) prize awarded (“Prize”) to Winner. Prize consists of the following: one (1) Rory McIlroy Prize Pack. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.
Estimated Retail Value (“ERV”) of Prize is three hundred dollars ($450 USD). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded. All prize values are stated in United States dollars.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Twitter, Instagram, Facebook, Sweepstakes Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.golfchannel.com, www.golfpass.com, the Twitter Page, the Facebook Page, the Instagram Page, and/or Sponsors’ affiliated websites or social media pages (collectively, the “Websites”), and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on all or some of the Websites. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York (HOWEVER, THE LAWS OF CANADA SHALL APPLY VIS-À-VIS ANY ENTRANT WHO IS RESIDENT IN CANADA AS WILL THE LAWS OF ANY CANADIAN PROVINCE OR CANADIAN MUNICIPALITY THAT APPLY TO ANY RESPECTIVE CANADIAN ENTRANT AND NOTWITHSTANDING ANYTHING CONTAINED IN THIS PARAGRAPH WHERE A CANADIAN ENTRANT IS INVOLVED THE COURTS OF THE PROVINCE OF ONTARIO SHALL HAVE EXCLUSIVE JURISDICTION IN RELATION TO ANY MATTER RELATING TO SUCH PERSON). If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Winner, available after June 18, 2019, send a self-addressed, stamped envelope to be received by July 25, 2019, to: GOLFPASS Rory Win Social Sweepstakes, TGC, LLC d/b/a Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819.
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