Callaway Golf – be A Mavrik – Win one Callaway Golf MAVRIK Golf Bag
Callaway Golf® – “Be a MAVRIK” Sweepstakes Official Rules
NO PURCHASE, PAYMENT OF ANY KIND OR DEMO IS NECESSARY TO ENTER OR WIN. A PURCHASE, PAYMENT OF ANY KIND OR DEMO WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE INELIGIBLE OR NOT LOCATED IN THE 50 U.S./D.C. AT THE TIME OF ENTRY. VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW.
SWEEPSTAKES BEGINS AT 6:00:00 AM PACIFIC TIME (“PT”) ON JANUARY 14, 2020 AND ENDS AT 9:00:00 PM PT ON MARCH 1, 2020 (“PROMOTION PERIOD”).
Sponsor: The Callaway® Golf – Be a MAVRIK Sweepstakes (the “Sweepstakes”) is offered, operated and administered by Callaway Golf Sales Company (“Sponsor”), 2180 Rutherford Road, Carlsbad, CA 92008.
Terms and Conditions: By participating in this promotion, each participant (“Entrant”) agrees to be bound by these terms and conditions (“Official Rules”).
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may Entrants use any other device or artifice to enter multiple times or as multiple entrants. Any Entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple Entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of entry will be considered the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
Eligibility: This Sweepstakes is only open to: (i) permanent legal residents of the fifty (50) states of the United States and D.C. (excluding Guam, Puerto Rico, all other U.S. foreign territories and possessions), (ii) who are physically located and residing therein, (iii) who have reached the age of majority in his/her state/province/territory of residence at the time of entry into the Sweepstakes, (iv) who possess a valid Social Security, personal tax I.D. number or Social Insurance Number issued by the appropriate government agency, and (v) who have a valid email address. Employees, contractors, directors, agents, officers, successors, and assignees of Callaway Golf Sales Company (“Sponsor”), its parent company, subsidiaries or affiliates, multiple service providers, distributors, retailers, retail sales representatives, advertising or promotion agencies, those involved in production, development, implementation or handling of the Sweepstakes, and any agents acting for the above entities, and their respective parent companies, officers, directors, subsidiaries, affiliates, service providers, prize suppliers, or any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) and members of their immediate families (spouses, domestic partners, children, siblings, parents) and/or persons living in the same household as such persons, whether related or not are ineligible to enter or win the Sweepstakes.
Drawing: Six first prize winners (“First Prize Winner”), two second prize winners “Second Prize Winner”, three third prize winners “Third Prize Winner” and one hundred fourth prize winners “Fourth Prize Winner” will be selected on or around March 20, 2020 in a random drawing from among all eligible entries received during the Promotion Period. Drawing will be conducted by Sponsor or its designee, whose decisions will be final and binding in all respects.
Prizes: First Prize: Six (6) “First Prize Winners” will each receive one (1) Callaway Golf MAVRIK Golf Bag. ARV of First Prize: $599.99 USD
Second Prize: Two (2) “Second Prize Winners” will each receive three (3) Callaway Mack Daddy 5 wedges.
ARV of Second Prize: $479.97 USD
Third Prize: Three (3) “Third Prize Winners” will each receive four (4) dozen Callaway 2020 Chrome Soft golf balls. ARV of Third Prize: $196.96 USD
Fourth Prize: One hundred (100) “Fourth Prize Winners” will each receive one (1) Callaway Mavrik Hat.
ARV of Fourth Prize: $29.99 USD
First Prize, Second Prize, Third Prize and Fourth Prize Winners are non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or any portion thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. First Prize, Second Prize, Third Prize and Fourth Prize Winners are responsible for all federal, state, and/or local taxes and fees and costs associated with prize receipt and/or use, regardless of whether it is, in whole or in part, used. First Prize, Second Prize, Third Prize and Fourth Prize Winners may be issued an IRS form 1099 by Sponsor for the value of the prize awarded. First Prize, Second Prize, Third Prize and Fourth Prize Winners should seek the advice of a tax specialist in connection with this Promotion. The First Prize, Second Prize, Third Prize and Fourth Prize Winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. Limit: One prize per Winner/person/household.
Notification and Collection of Prize: The potential First Prize, Second Prize, Third Prize and Fourth Prize Winners will be notified by email or phone call within around twenty-four hours of the prize drawing. Potential First Prize, Second Prize, Third Prize, and Fourth Prize Winners are subject to verification, including verification of age, and must meet all eligibility requirements before the First Prize, Second Prize, Third Prize and Fourth Prize will be awarded. If a potential First Prize, Second Prize, Third Prize, or Fourth Winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a potential First Prize, Second Prize, Third Prize, or Fourth Prize Winner cannot be verified, or if a First Prize, Second Prize, Third Prize, or Fourth Prize Winner is otherwise unable or unwilling to accept and claim the prize as stated, then such First Prize, Second Prize, Third Prize, or Fourth Winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential First Prize, Second Prize, Third Prize, or Fourth Prize Winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly. If needed, up to six alternate winners will be selected for any prize. If any prize remains unawarded after six alternate winners have been selected and notified, Sponsor reserves the right to not award that prize. Each potential First Prize, Second Prize, Third Prize, and Fourth Prize Winner must follow the directions contained in the Prize Acceptance Form provided by Sponsor and email or fax all completed forms, correctly filled out and signed, and provide any additional information that may be required, to Sponsor within three days of notification as a potential First Prize, Second Prize, Third Prize, or Fourth Prize Winner, including, but not limited to, an Affidavit of Eligibility/Further Release of Liability and Publicity Rights (where legal). Failure to respond within the time specified or other non-compliance with these Official Rules will result in disqualification as a potential Prize Winner and void further participation in the Sweepstakes. If a selected Entrant cannot be contacted in a timely fashion, or if for any reason a prize cannot be awarded, another Sweepstakes entry will be randomly selected until the prize has been awarded. Sponsor is not responsible for any failure for any reason whatsoever of the selected Entrant to receive notification or for Sponsor’s failure to receive a selected Entrant’s response. Prize won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Receiving a prize is contingent upon compliance with these Official Rules. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
Winners’ List: The name of the First Prize, Second Prize, Third Prize, and Fourth Prize Winners will be available online at http://www.callawaygolf.com/global/en-us/specialoffers/SpecialOffers-Winners.html within 30 business days of drawing and will be available until June 30, 2020.
Release: To the fullest extent allowed by law, by receipt of the First Prize, Second Prize, Third Prize or Fourth Prize, the First Prize Winner (or their parent or legal guardian if an eligible Entrant), the Second Prize Winner (or their parent or legal guardian if an eligible Entrant), the Third Prize Winner (or their parent or legal guardian if an eligible Entrant), and the Fourth Prize Winner (or their parent or legal guardian if an eligible Entrant) agree (and agree to confirm in writing) to: (a) release and hold harmless the Sweepstakes Entities from and against any and all liability, loss, damage, claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes, or receipt or use or misuse of any prize, including any travel and participation in the activities related thereto; (b) under no circumstances will Entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing and other releases contained herein are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
General Conditions: Sponsor assumes no responsibility for computer system, hardware, software, or program malfunctions or other errors, failures, delayed computer transmissions or faulty network connections, whether human or technical in nature. Sponsor is not responsible for late, incorrect, lost, incomplete, damaged, or misdirected Entries or entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in in connection with this Sweepstakes, or for any other reason. If, in Sponsor’s opinion, there is any suspected or actual evidence of tampering or fraud with any portion of this Sweepstakes, or if technical difficulties compromise any portion of the Sweepstakes or the integrity of the Sweepstakes (all as determined in Sponsor in its sole discretion), Sponsor reserves the right to suspend, modify or terminate the Sweepstakes. In the event of suspension, modification or termination, Sponsor reserves the right, at its sole discretion, to determine the First Prize, Second Prize, Third Prize and Fourth Prize winners from among all eligible entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Caution: any attempt by an Entrant or any other individual to deliberately damage any website, tamper with the entry process, or otherwise undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law. In the event the Sponsor or any of Sponsor’s affiliates are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes or the award of any prize is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or Sponsor’s affiliates’ control (each a “Force Majeure” event), the Sponsor and Sponsor’s affiliates shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or Sponsor’s affiliates, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and Sponsor’s Affiliates reserve the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event and/or to reschedule the date and/or location of delivery of any prize.
Governing Law: By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules.
Arbitration of Disputes: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location in San Diego County, California as determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant 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 the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by 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, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. In such event, Entrant consents to the jurisdiction and venue of the federal, state and local courts located in San Diego County, California. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys’ fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
Conflicts: To the extent of a conflict between the terms of these Official Rules and the terms contained on any marketing or promotional materials, Entry forms or abbreviated rules, these Official Rules shall apply and control. If any provision of these Official Rules shall be held by any arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Official Rules shall continue in full force and effect.
Official Rules/Names of Winners: To receive the names of the winners or a copy of these Official Rules, send a self-addressed stamped envelope to: Callaway Be A MAVRIK Sweepstakes, “Official Rules” or “Names of Winners” (Specify which), 2180 Rutherford Rd., Carlsbad, CA 92008. All requests must be received on or after March 20, 2020 and on or before June 30, 2020. Winners’ names will also be posted on http://www.callawaygolf.com/global/en-us/specialoffers/SpecialOffers-Winners.html.
Sponsor: Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, California 92008.