TOPGOLF TEACHER MONDAYS 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 Teacher Mondays Sweepstakes ("Sweepstakes") is administered and sponsored by Top Golf USA Inc. at 8750 North 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 June 17, 2019 at 12:01 AM EST until July 17, 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 are two (2) ways to enter the Sweepstakes online via E-mail through email@example.com or through online submission at https://topgolf.com/us/promo/teacher-mondays/nominations/. You may enter one (1) time using this means either or method of entry, but not both. By entering this Sweepstakes you agree that you have read and understand these Official Rules.
(1) E-MAIL METHOD OF ENTRY
You may enter by email ("E-Mail Method of Entry"). In a typed email to firstname.lastname@example.org you must include: your first name, last name, e-mail address and one (1) teacher nomination, (“E-Mail Entries”). Also include: teacher first name, teacher last name, name of school, grade teaching, zip code, e-mail address if available and reason for nomination.
(2) ONLINE FORM SUBMISSION OF ENTRY
You may enter by online form submission (“Online Form Submission of Entry”). In a filled out form on https://topgolf.com/us/promo/teacher-mondays/nominations/ you must include: your first name, last name, e-mail address and one (1) teacher nomination, (“Online Entries”). Also include: teacher first name, teacher last name, name of school, grade teaching, zip code, e-mail address if available and reason for nomination.
All participants who have duly completed and submitted the Entry Form or who have duly completed and sent an E-Mail Entry to email@example.com shall be referred to collectively as the "Entrants" or individually as an "Entrant". Entrants who register on-line and have an e-mail address must at all times use the same e-mail address. The use of more than one (1) e-mail address by an Entrant will result in automatic disqualification of that individual.
For the purpose of these Official Rules, the Entrant is the person whose name appears on the Entry Form or Mail-in Entry and, in case of confusion, who is the authorized account holder of the e-mail address indicated in the E-mail Entry.
All Entries are subject to audit by Sponsor. Any Entry Form that is incomplete, fraudulent, copied, received late, discriminatory, defamatory, offensive, obscene, vulgar or against good morals or prejudicial to Sponsor, its subsidiaries, affiliated companies, parent corporations, their employees, agents, representatives, directors and officers, its advertising and promotion agencies or any other person related in any manner whatsoever to Sponsor will automatically be rejected and will not be eligible for the Prize.
7. LIMIT ON THE NUMBER OF ENTRIES: Limit one (1) Sweepstakes entry per person. Limit one (1) entry per E-mail address. All entries in excess of the limits described herein are ineligible and will be disqualified.
8. PRIZE: Five (5) total prizes will be awarded to five (5) individual teacher nominations entered in the Sweepstakes by the Entrants. The winners will be chosen by random draw described more fully in Section 10 below. Each prize includes $2,400.00 of Topgolf game play along with a surprise and delight classroom event.
9. CONDITIONS APPLICABLE TO PRIZE:
The following conditions apply to the Prize:
1) Surprise and delight event must occur no later than December 31, 2019 and Topgolf game play expires on August 31, 2020.
2) 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.
3) 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;
4) 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;
5) 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;
6) All accepted parts of the Prize must be used by the Winner during the same trip;
7) 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;
8) 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 randomly at Topgolf’s discretion 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 by telephone and/or by e-mail within five (5) business days following the draw.
In the event the selected Entrant:
1) is unreachable by telephone or e-mail 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.
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:
"Topgolf Teacher Mondays" Sweepstakes
8750 North Central Expressway
Dallas, TX 75231
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