TOPGOLF "HERTZ" SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO WIN. MUST BE 18 YEARS OF AGE OR OLDER TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHERE PROHIBITED BY LAW.
1. SPONSOR: The Topgolf "Hertz" sweepstakes ("Sweepstakes") is administered and sponsored by Topgolf Media, LLC, 8750 N. Central Expressway, Suite 1200, Dallas, Texas 75231 ("Sponsor").
2. AGREEMENT TO OFFICIAL RULES: By entering the Sweepstakes, Entrants (as defined below) agree to be bound by the following general conditions ("Official Rules") and decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein.
3. SWEEPSTAKES DATES: The Sweepstakes runs from September 25, 2019 at 12:01 AM EST until October 23, 2019 at 11:59:59 PM EST ("Sweepstakes Period") and is subject to the Official Rules. Sponsor's servers are the official time-keeping device for the Sweepstakes.
4. ODDS OF WINNING: Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Period. One (1) entry per person during the Sweepstakes Period. Any attempt or suspected attempt to submit more than one entry and/or to obtain more additional participations than permitted by using multiple e-mail addresses or a pen name, or any use of robotic, automatic, programmed or any entry methods not authorized by these rules shall be deemed as tampering and will void all of your entries.
5. WHO CAN ENTER: The Sweepstakes is open to all legal residents of the fifty (50) United States (including the District of Columbia but excluding residents of Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions and where prohibited by law) who have reached the age of majority in accordance with the laws of their residence at the time they enter the Sweepstakes. Employees, agents and representatives of Sponsor, and/or of any of Sponsor's respective subsidiaries, affiliated companies, controlling corporations, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the Sweepstakes, or any other person directly associated with the organization of the Sweepstakes, as well as members of their immediate families (father, mother, brothers, sisters, children), their legal or common law spouse, and any persons residing with these employees, representatives and agents are not eligible to participate.
6. HOW TO ENTER: NO PURCHASE NECESSARY. There is one (1) way to enter the Sweepstakes via Instagram. You may enter one (1) time using the one (1) mean of entry. By entering this Sweepstakes, you agree that you have read and understand these Official Rules. During the Sweepstakes Period, when you (i) log onto their Instagram account and using the hashtags #HertzWednesdays, #SwingsofGlory and #ad share an original golf swing of yours by posting the golf swing (optionally along with an original digital photograph or video that illustrates your golf swing) on your Instagram account, and (ii) follow Hertz on Instagram (if you do not already) (@Hertz), you will then receive one (1) entry into the Sweepstakes. By entering this Sweepstakes you agree that you have read and understand these Official Rules.
7. LIMIT ON THE NUMBER OF ENTRIES: Limit: There is a maximum of one (1) entry per person/Instagram account during the Sweepstakes Period. Entrants may not enter with multiple Instagram accounts nor may entrants use any other device or artifice to enter as multiple entrants. If it is discovered that you have attempted to submit more than once using multiple identities or Instagram accounts, all of your Entries will be declared null and void, and any prize you might have been entitled to will be forfeited. Automated entries are prohibited, and any use of automated devices will cause disqualification. Entries that do not meet the requirements set forth in these Official Rules may not be acknowledged, may be automatically disqualified, and may not be eligible to win a prize, in the sole discretion of the Sponsor.
In the event of a dispute regarding the identity of an entrant, the entry will be deemed to have been made by the authorized account holder of the Instagram corresponding entry. Each entrant may be required to show proof of being an authorized account holder. If you do not have Internet access via a personal computer, your local library or Internet café may be able to provide access to the Internet and a number of Internet service providers and other companies offer free email accounts.
8. SWEEPSTAKES PRIZE (1 AVAILABLE): One (1) prize will be awarded to one (1) of the Entrants. The Winner will be chosen by random draw described more fully in Section 10 below. The Winner will receive the following Prize:
"Free Hertz Car Rental for a Week", awarded as a voucher for one (1) 7-day full-size vehicle rental* (approximate retail value ("ARV"): $300.00), and one (1) $100.00 Topgolf Gift Card. Total ARV of prize: USD $400.00
*Rental subject to availability and must be completed by October 31, 2020. Hertz's standard rental terms and conditions apply to all rentals.
**Topgolf Gift Cards are subject to the terms and conditions available at https://topgolf.com/us/gift-cards/.
9. CONDITIONS APPLICABLE TO PRIZE:
The following conditions apply to the Prize:
1) All Hertz car rentals subject to availability and must be completed by October 31, 2020. Hertz's standard rental terms and conditions apply to all rentals.
2) Topgolf Gift Cards are subject to the terms and conditions available at https://topgolf.com/us/gift-cards/.
3) Unless explicitly included in the Prize description above, all costs, charges or expenses, including without limitation air transportation, all other traveling expenses, money allocation, all taxes (including income, airport, hospitality or other taxes if applicable), insurance, fuel surcharges, travel related fees and items of a personal nature, passports and other travel documents, meals and beverages, internet access charges, bar and wine charges, souvenirs, room service, gratuities and local and long distance telephone calls are the sole responsibility of the Winner (as defined below) and his/her guests.
4) No compensation will be awarded to the Winner or his/her guest if the actual value of the traveling expenses is less than the approximate retail value detailed hereinabove;
5) If the Prize or any part of the Prize is not used, no compensation will be awarded to the Winner and/or his/her guests;
6) The Prize may be accepted by the Winner in whole or in part. In the event that the Prize is accepted in part by the Winner, Sponsor shall have no other obligation than to provide to Winner such accepted part of the Prize. Winner shall not be entitled to claim any part of the Prize that he/she has refused and Sponsor shall be released of any obligations pertaining to such refused part of the Prize;
7) All accepted parts of the Prize must be used by the Winner during the same trip;
8) The Entrants are hereby advised that tax implications may arise from winning the Prize and they should seek independent financial advice prior to acceptance of the Prize. All federal, state or local taxes are the sole responsibility of Winner and/or his/her guests. Winner must cooperate with Sponsor in order to complete all applicable federal, state or local documentation pertaining to taxation;
9) No prize substitution or cash redemption allowed by the Winner. The Prize is not transferable. Sponsor reserves the right to substitute a prize of comparable or greater value in its sole discretion.
10. RANDOM DRAW, WINNER NOTIFICATION AND SELECTION OF ALTERNATE WINNER: The winners of the Sweepstakes will be selected in a computer-generated random draw among all eligible Entrants at the end of the Sweepstakes Period (the "Winner"). Sponsor's computer is the official timekeeper for the Sweepstakes. The odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period. All winners will be subject to verification of eligibility and compliance with these Official Rules.
The selected Entrant will be notified via Instagram direct message within five (5) business days following the draw. You may be contacted by @Hertz, or by @Topgolf if you are also following @Topgolf on Instagram.
In the event the selected Entrant:
1) is unreachable by Instagram direct message within fifteen (15) business days following the draw; or
2) does not or cannot reply within fifteen (15) business days of being notified; or
3) fails to comply with all the conditions in Section 11 below; such selected Entrant will forfeit the Prize.
The forfeited Prize may be awarded to an alternate winner in a random draw under the same conditions as aforementioned from all remaining eligible entries received for the Sweepstakes (the "Alternate Winner"). The same process will continue among the remaining Entrants until an Alternate Winner has been determined and qualifies.
11. WINNER QUALIFICATION:
In order to be declared Winner, the Entrant selected pursuant to Section 10 above must meet the following conditions:
1) Compliance with these Official Rules and conditions for eligibility;
2) Complete and return to Sponsor, within three (3) days of receipt, an affidavit or other document of eligibility, liability/publicity release and compliance with the Official Rules, confirming his/her compliance with the Official Rules, and releasing Sponsor, and its respective subsidiaries, affiliated companies, controlling corporations, employees, agents, representatives, administrators and officers, advertising or promotion agencies, sponsors, suppliers of materials, prizes and services related to the Sweepstakes, or any other person directly associated with the holding of the Sweepstakes from all liability, and, except where prohibited by law, permitting Sponsor, and its representatives to use the selected Entrant’s name, photographs, likeness, statement concerning the prize, place of residence, without compensation, in any publicity carried out by Sponsor, and for any required disclosures without selected Entrant's consent ("Winner's Declaration Form");
3) A declaration form similar to the Winner’s Declaration Form must also be signed by the selected Entrant's guests or, if such guest has not reached the age of majority in accordance with the laws of such guest’s residence, by such guest's legal guardian.
Failure of the selected Entrant to meet any of the above-mentioned conditions will result in the selected Entrant's automatic disqualification and loss of entitlement to his/her Prize. In such event, Sponsor shall have the right to draw or select another Entrant as described in Section 10 until the Alternate Winner has been determined and qualifies.
12. RELEASES, LIMITATIONS OF LIABILITY AND DISCLAIMERS: BY ENTERING THE SWEEPSTAKES, ENTRANTS AGREE TO BE BOUND BY THESE OFFICIAL RULES, AND AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, AND ITS RESPECTIVE EMPLOYEES, AGENTS AND REPRESENTATIVES, ITS SUBSIDIARIES, ITS AFFILIATED COMPANIES, ITS CONTROLLING CORPORATIONS, ADVERTISING OR PROMOTION AGENCIES, CO-SPONSORS, SUPPLIERS OF MATERIALS, PRIZES AND SERVICES RELATED TO THE SWEEPSTAKES, OR ANY OTHER PERSON DIRECTLY ASSOCIATED WITH THE HOLDING OF THE SWEEPSTAKES ("RELEASED PARTIES") FROM ANY AND ALL LIABILITY WHATSOEVER FOR LOSSES OR DAMAGES OF ANY KIND THAT RESULT FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE OR FROM ENTRY OR ATTEMPTED ENTRY INTO THE SWEEPSTAKES. THE RELEASED PARTIES ASSUME NO LIABILITY FOR LOST OR MISDIRECTED ENTRIES, WHETHER DUE TO TECHNICAL OR COMPUTER MALFUNCTIONS OR OTHERWISE OR ANY OTHER TECHNICAL OR COMPUTER MALFUNCTIONS, FRAUD, OR OTHER ERRORS. SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CANCEL, TERMINATE OR SUSPEND THE SWEEPSTAKES IN ITS ENTIRETY, IN THE EVENT THAT THE WEBSITE IS INFECTED BY A VIRUS, A SOFTWARE BUG, THE WEBSITE IS HACKED, UNAUTHORIZED HUMAN INTERVENTION OCCURS OR THE INTEGRITY, ADMINISTRATION, IMPARTIALITY OR NORMAL OPERATION OF THE SWEEPSTAKES IS COMPROMISED IN ANY WAY. IF THE SWEEPSTAKES IS CANCELLED FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THOSE STATED ABOVE, WINNER WILL BE DETERMINED VIA RANDOM DRAWING FROM AMONG ALL ELIGIBLE AND COMPLIANT ENTRIES RECEIVED UP TO THE TIME OF CANCELLATION. THE WINNER ACKNOWLEDGES THAT THE 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 THE PRIZE. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THE LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
13. PERSONAL INFORMATION RETENTION RULES FOR SWEEPSTAKES:
When entering the Sweepstakes, Entrants agree that their personal information collected by Sponsor ("Personal Information")
shall be used in accordance with applicable laws in order for Sponsor or its agent to contact the Entrants for the purposes of the Sweepstakes.
By participating in this sweepstakes, the Entrant consents that Sponsor may use Entrant's name, mailing address, and email address for the
https://www.hertz.com/rentacar/privacypolicy/index.jsp?targetPage=privacyPolicyView.jsp to see how we use personal information obtained in connection with this Sweepstakes.
Winners' names may be included in a publicly available winners list. At any time you may revoke your consent and exercise your rights of objection, access, rectification and cancellation by addressing your notice to:
"Topgolf Hertz" Sweepstakes
8750 N. Central Expressway, Suite 1200
Dallas, Texas, 75231
Attn: Brenna Bocinsky
14. PUBLICITY RELEASE: By participating in the Sweepstakes, the Winner grants to Sponsor, and its representatives, affiliates, licensees and assigns, the right and permission to record, film, videotape and photograph the Winner ("Images"). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, address, voice, conversation, biographical and Prize information and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, or a Sweepstakes Winner List or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
15. REQUESTS FOR OFFICIAL RULES AND INFORMATION:
To obtain any information about the Sweepstakes such as the name of the Winners, or obtain a copy of the Official Rules, you may send a self-addressed stamped envelope with your written request to Sponsor:
Sweepstakes"Topgolf Hertz" Sweepstakes
8750 N. Central Expressway, Suite 1200
Dallas, Texas 75231
Attn: Brenna Bocinsky
16. DISPUTES: Except where prohibited, Entrant agrees that: (i) any and all disputes, claims and 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; (ii) any and all claims, judgments and awards against one or more of the Releasees shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees (or other professionals’ fees); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim and/or seek indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any all rights to have damages multiplied or otherwise increased.
Each Entrant must be the rightful owner or have authorized use of the email account or mobile telephone account associated with the Entrant's submitted email address and/or mobile telephone number (if provided). If a dispute arises about who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account or mobile telephone account provided, as applicable. The “authorized account holder” is deemed the natural person who is (i) assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address; or (ii) assigned to a mobile telephone number by a wireless carrier or other entity responsible for assigning that mobile telephone number. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder associated with a winning entry and that all eligibility requirements are met.
17. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. By entering (or participating in any Sweepstakes-related activity), Entrants (and others) agree that all proceedings shall exclusively take place in the United States District Court for the Northern District of Texas or Texas State Court located in Dallas, Texas.
VOID WHERE PROHIBITED BY LAW