Topscore Challenge presented by Nexen Tire
This Sweepstakes is intended for viewing and participation in the 50 United States and Washington D.C. and shall be construed and evaluated according to the laws of the 50 United States and Washington D.C. Please do not enter if you are not a legal resident of, and not located in, the 50 United States or Washington D.C. at time of entry. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
1) SWEEPSTAKES PERIOD: Starts August 1, 2023 at 12:00:00 AM Central Time (“CT”) and ends August 31, 2023 at 11:59:59 PM CT (the “Sweepstakes Period”).
2) ELIGIBILITY: To enter and be eligible to win, you must be a legal resident of the 50 United States, or Washington, D.C. (excluding residents of Puerto Rico, the U.S. Virgin Islands and other U.S. territories and possessions, and where prohibited by law), be 18 years of age or older at the time of entry, and have a valid email address. Persons in any of the following categories are NOT eligible to participate or win a prize: (a) any person who, at any time on or after August 1, 2023, was or is a director, officer, agent, representative, or employee of Topgolf Media, LLC (“Sponsor”), Nexen Tire America (“Prize Provider”), or their respective parents, affiliates, subsidiaries, franchisees, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Sweepstakes or engaged in the administration or execution of this Sweepstakes (collectively, with the entities listed in 2(a), the “Sweepstakes Entities”); and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/father, sister, brother, daughter, son, dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household as any person in any of the preceding categories. Sweepstakes is subject to all applicable federal, state and local laws and regulations pursuant to Section 13 below.
3) HOW TO ENTER IN PERSON: The Sweepstakes is available at the following Topgolf locations only (each, a “Location”): Auburn Hills (MI), Austin (TX), Baltimore (MD), Charleston (SC), Charlotte (NC), Columbus (OH), Edison (NJ), Germantown (MD), National Harbor (MD), Orlando (FL), Philadelphia (PA), Pittsburgh (PA), Roseville (CA), San Jose (CA), and Tampa (FL). During the Sweepstakes Period, sign in at a bay at one of the participating Locations above and play the “Topscore” game; if you score any points on your 5th, 10th or 15th ball, you will be presented with the opportunity to enter the drawing for the Sweepstakes Prize (as described in Rule #7) by providing your complete and accurate contact information (first name, last name, phone number, email address, ZIP code and date of birth) as well as confirming that you have read and accept these Official Rules. After completing these steps, you will then receive one (1) entry into the Sweepstakes Draw (an “Entry”)(see Rule #6 for draw details). Individuals with the following membership cards are not eligible to enter or win: Junior Member, Topgolf U Instructor, Topgolf Staff, and Event Cards. See Rule #4 for details on how to enter for free.
4) ALTERNATE METHOD OF ENTRY: To enter without purchase or without visiting a Topgolf location, click on the link to the online entry form, either via social media or email, or click here: topgolf.com/nexentire. You will be presented with the opportunity to enter the drawing for the Sweepstakes Prize by providing your complete and accurate contact information (first name, last name, phone number, email address, state of residence, ZIP code and date of birth) as well as confirming that you have read and accept these Official Rules. After completing these steps, you will then receive one (1) Entry into the Sweepstakes Draw (an “Entry”)(see Rule #6 for draw details). All Entries must be received by August 31, 2023 at 11:59:59 PM CT.
Entries mechanically reproduced or made in any fashion other than as specified herein are void. Entries submitted by script, macro or other automated or mechanical means, Entries by any means which subvert the entry process and Entries made in any fashion other than as specified herein are void. All Entries become property of the Sponsor and will not be returned.
5) LIMIT ON THE NUMBER OF ENTRIES: Limit: There is a maximum of fifty (50) Entries per person/email address during the Sweepstakes Period, regardless of method of entry. Entrants may not enter with or register multiple email addresses 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 fifty (50) Entries using multiple identities or email addresses, 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 email address submitted at the time of registration. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the registered email address. Each Entrant may be required to show proof of being an authorized account holder.
6) RANDOM SWEEPSTAKES DRAW: On September 6, 2023, at approximately 2:00 PM CT, an independent judging organization (the “Sweepstakes Judges”) will randomly draw four (4) Entries for the Sweepstakes Prizes (as described in Rule #7, below) from among all eligible Entries received at the participating Locations and through the online alternate method of entry (each a “Potential Prize Winner” and, if verified, “Prize Winner”). The odds of winning a prize depend on the total number of eligible Entries received during the Sweepstakes Period. Potential Prize Winners will be subject to verification of eligibility and compliance with these Official Rules.
7) SWEEPSTAKES PRIZES (4): Each Prize Winner will receive the following prize:
One (1) full set of Nexen Tires (four (4) tires) to be selected by the Prize Winner from available inventory at the time of redemption, up to $1,200.00 for the full set.
Prize must be claimed by Prize Winner before December 31, 2023. Installation is not included.
Total approximate retail value (“ARV”) of each Sweepstakes Prize: USD $1,200.00
Total ARV of all Sweepstakes Prizes available to be won: USD $4,800.00
Prizes are not transferable, or redeemable for cash, and must be accepted as awarded, with no substitutions of any kind, except by the Sponsor, who reserves the right to substitute a prize (or portion thereof) with one of comparable or greater value, at its sole discretion.
All federal, state and local taxes (including income and withholding taxes), if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided are each Prize Winner’s responsibility, regardless of whether a prize is used in whole or in part. All prize details are at the Sponsor's sole discretion.
8) HOW TO CLAIM YOUR PRIZE: Potential Prize Winners will be contacted by email and/or phone at the number/address provided during entry with instructions on how to claim the prize. Potential Prize Winners will be required to execute and return an Affidavit of Eligibility, a Liability Release, a W-9 form, and, where lawful, a publicity release, within five (5) business days from the time it is postmarked as having been sent by the Sponsor or its representative; otherwise, at the Sponsor’s sole discretion, the prize may be forfeited and, at the Sponsor’s sole discretion, the prize may be awarded to an alternate winner. If a Potential Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept a prize, or if Sponsor is unable to contact a Potential Prize Winner within three (3) attempts over five (5) business days, or in the event that a prize notification or prize is returned undeliverable, the prize may be forfeited at the Sponsor’s sole discretion. Any prize won by an entrant who is a minor in his/her state of residence will be awarded to a parent or legal guardian of such minor who must sign and return all required documentation outlined herein and otherwise comply with all requirements imposed on winners set forth herein. Potential Prize Winners (or parent/legal guardian where applicable) may be required to furnish proof of identification.
Allow 4 - 6 weeks for verification and shipment of the prize. The Sweepstakes Entities shall not be held responsible for any delays in awarding a prize for any reason outside of their control. Prizes will only be delivered to verified Prize Winners. Any unclaimed prize will not be awarded. Sponsor is not responsible for any change of mailing address, email address, and/or telephone number of entrants.
By accepting a prize, each Prize Winner (or Winner’s parent/legal guardian if Winner is a minor) agrees and consents to the use of his/her name, address (city and state of residence), voice, and statements relating to the Sweepstakes or Sponsor, and photographs or other likenesses, without further compensation, notification or permission in any publicity or advertising carried out by Sponsor, Sweepstakes Entities, or any related entities in any and all media now known or hereinafter developed, including the internet, without territorial or time limitation, except where prohibited by law.
CONDITIONS OF ENTRY:
9) By entering, entrants (or as applicable, their parents or legal guardians if minors) (i) acknowledge and represent that they are in full compliance with these Official Rules including all eligibility requirements and (ii) agree to be bound by these Official Rules and the decisions of the Sponsor and/or Sweepstakes Judges, made in their sole discretion, which shall be final and binding in all respects. Entrants who have not complied with these Official Rules are subject to disqualification and all associated entries will be void.
10) Sponsor is not responsible for late, lost, damaged, stolen, misdirected, mutilated, garbled, illegible, or incomplete submissions of requests/entries. Proof of transmission (screenshots or captures, etc.) does not constitute proof of delivery. All entries become the property of Sponsor and in no case shall be returned to sender.
11) Sponsor reserves the right to disqualify any entrant's registration in the Sweepstakes (and void all associated Entries) or entitlement to a prize if, in the sole discretion of the Sponsor, it determines or suspects that the entrant has attempted to undermine the legitimate operation of the Sweepstakes by tampering, cheating, hacking, deception, or other fraudulent, deceptive or unfair playing practices (including any entries generated by script, macro, robotic, programmed, or any other automated means or any other means which subvert the entry process).
12) As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, Sweepstakes Entities and each of their owners, officers, directors, managers, employees and/or agents (collectively, the “Released Parties”), from any and all liability, loss, claim, or damage including but not limited to any property damage, personal injury (including death), incurred, directly or indirectly, with respect to participating in the Sweepstakes or the awarding, receipt, possession, and/or use or misuse of any prize, including, but not limited to, the unauthorized or illegal access to personally identifiable or sensitive information, and including any illness, death or destruction of property; (b) 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 a prize, including, but not limited to, the prize quality or availability; (c) that under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (d) 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 (e) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, and in no event will entrants be entitled to receive attorneys’ fees and court costs.
13) All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of 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 regard to Texas or any other conflicts of law principles. All entrants consent to the jurisdiction and venue of the federal, state and local courts for Dallas, Texas.
14) Sponsor reserves the right in its sole discretion to cancel, modify and/or suspend this Sweepstakes at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes (such as force majeure events) impairs the administration, security, integrity or proper play of the Sweepstakes. In the event of cancellation, Sponsor reserves the right in its sole discretion, to randomly select the Prize Winners from among all eligible, non-suspect entries received up to time of such cancellation. In no event will the Sponsor be liable for more than the stated number of prizes available in the prize category in question.
15) Sweepstakes Entities do not warrant that access to the Sweepstakes will be uninterrupted. Sweepstakes Entities are not responsible for any problems that may arise, including but not limited to: (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Sweepstakes; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in connection with the administration of the Sweepstakes or entries, or the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Sweepstakes, whether human, mechanical, clerical, electronic, or technical in nature; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; or (f) damage to a user's system occasioned by participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes. Sweepstakes Entities are also not responsible for lost, late, delayed, garbled, stolen, incomplete, misdirected, illegible, damaged or undelivered email or entries. Proof of transmission (screenshots, etc.) does not constitute proof of delivery.
16) Any attempt by an entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Sweepstakes, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrants engaging in any of the foregoing activities may be disqualified (and all associated entries will be void) and may forfeit any prize(s) won, in Sponsor’s sole discretion. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
17) In the event of any conflict with any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in Sweepstakes materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Sweepstakes as set forth in these Official Rules shall prevail.
18) The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In particular, except as otherwise expressly set forth herein, Sponsor's employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
19) This Sweepstakes is solely sponsored by Topgolf Media, LLC, 8750 N. Central Expressway, Suite 1200, Dallas, Texas 75231.
20) For a winners list, send a self-addressed postage stamped envelope to: “Topscore Challenge presented by Nexen Tire, Winners List”, P.O. Box 8543, Big Sandy, Texas 75755-8543. All requests must be received by October 6, 2023. Winners list will be sent after all Prizes have been awarded.