TOPGOLF “YOUR TASTE” SWEEPSTAKES
NO PURCHASE NECESSARY
Topgolf “Your Taste” Sweepstakes (“Sweepstakes”) is subject to these Official Rules. By entering, all participants agree to be bound by these Official Rules and the decisions of Sponsor (as defined in Section 2) which are final and binding in all matters related to the Sweepstakes. Certain restrictions may apply.
1. Eligibility: Sweepstakes is open only to legal residents of the 50 United States (except Florida, New York and Rhode Island) and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Proof of residency and age may be required. Employees, officers, directors, members and representatives (at any time on or after February 1, 2016) of Sponsor and each of its parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of each of the above and persons living in the same households of each of the above are ineligible to participate or win in this Sweepstakes. Subject to all applicable federal, state and local laws and regulations. Sweepstakes is void (i) in Florida, New York and Rhode Island, (ii) outside the 50 United States (and the District of Columbia), and (iii) wherever prohibited or restricted by law.
2. Sponsor: The sponsor of the Sweepstakes is Topgolf International Inc., 8750 N. Central Expressway, Suite 1200, Dallas, Texas 75231(“Sponsor”).
3. Timing: Sweepstakes entry period begins on February 1, 2016 at 12:00:01 a.m. Central Time (“CT”) and ends on February 22, 2016 at noon CT (“Entry Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter. No purchase (or mobile access) necessary to enter or win: There are three (3) ways to enter the Sweepstakes: (i) via online entry; (ii) via text message entry; and (iii) via mail-in entry.
Online Entry. To enter online, visit http://vibescm.com/amoe/show/22519 (“Entry Page”) during the Entry Period and fully complete all required fields on the presented form as instructed (including your guess of what you think will be our newest wing flavor), and submit the online entry form. On the online entry form, select the check box accompanying the following statement: “Click here to indicate that you have read the rules below and agree to them.” All online entries must be received by Sponsor during the Entry Period and no later than February 22, 2016 at noon CT.
Text Message Entry. To enter via text message during the Entry Period, if you are a wireless service subscriber, using your 2-way text message-cable device (each a “Device”), text the keyword “WING” to short code “68633”. Persons who are current subscribers to Sponsor’s marketing text message subscription program may be invited to enter the Sweepstakes by texting a different keyword to short code 68633. In response to your text message, you will receive text messages from Sponsor regarding participation in the Sweepstakes including a request for you to guess what will be our newest wing flavor. Follow the prompts/directions and text all requested information as instructed. All such entries must be received by Sponsor during the Entry Period and no later than February 22, 2016 at noon CT. By participating via text, you will receive multiple text messages from Sponsor related to your participation in the Sweepstakes ( e.g., text message with invitation to participate, entry confirmation text message and/or winner notification text message).
By texting “WING” (or any other promoted keyword associated with the Sweepstakes) to “68633,” you authorize Sponsor to send to you multiple text messages (related to the Sweepstakes) using an automatic telephone dialing system at the mobile number that you provided. You also acknowledge that your consent to receive these messages is not required as a condition to purchase goods, property, or services.
If you wish to opt out of receiving text messages, text “STOP” to “68633.” Text “HELP” to “68633” if you would like more information.
By texting “WING” to “68633,” you are not joining Sponsor’s mobile marketing text message subscription program.
Mail-in Entry. To enter by mail during the Entry Period, simply hand-print your full name, mailing address (including zip code), telephone number (including area code), email address (optional), date of birth and the alphabet letter which corresponds to your guess of what will be Sponsor’s newest wing flavor (see below for flavor choices) on a postcard (or on a 8.5” x 11” piece of paper inserted into a standard business envelope) and mail it to:Topgolf International, Inc., Your Taste Sweepstakes, 8750 N. Central Expressway, Suite 1200, Dallas, TX 75231.You must select one of the following alphabet letters which corresponds to what you think will be Sponsor’s newest wing flavor:
(A) Cinnamon Chile;
(B) Caribbean Jerk;
(C) Mango Habanero;
(D) Srirachi Glaze;
(E) Thai Chili; or
(F) Lemon Pepper.
All mail-in entries must be received by Sponsor by noon CT on February 22, 2016. Each mail-in entry must be mailed separately.
Limits. Limit one (1) Sweepstakes entry per person regardless of method of entry. Limit one (1) entry per email address. Limit one (1) entry per mobile phone number. All entries in excess of the limits described herein are ineligible and will be disqualified.
General. All entries become the property of Sponsor and, unless otherwise indicated herein, will not be acknowledged or returned. Entries which are late, lost, stolen, mutilated, invalid, damaged, unreadable, tampered with, illegible, unintelligible, incomplete, misdirected, generated by a script, macro or other automated/repetitive electronic means, mechanically reproduced, inaccurate, forged, irregular in any way or otherwise not in compliance with these Official Rules will be disqualified. All requested information must be completed in English to be eligible. Each entry must be submitted separately.
5. Winner Selection and Notification: On or about February 22, 2016, there will be one (1) Grand Prize winner randomly selected from among all eligible entries received that correctly identify our newest wing flavor. Grand Prize winner will be randomly selected by representatives of Sponsor. The odds of winning the Grand Prize depend upon the total number of eligible entries received that correctly identify our newest wing flavor. In addition, on or about February 22, 2016, each person who submits an eligible entry that correctly identifies our newest wing flavor will be a potential Runner-Up winner. The odds of winning a Runner-Up Prize are 1 in 6. Each selected potential winner will be notified via email, text message (only if entry was via text message subject to these Official Rules) and/or telephone, promptly after selection. Sponsor is not obligated to leave a voice, recorded, or other message. Each selected potential winner will be required to respond as directed to the notification within two (2) business days of the date notification was sent/attempted by Sponsor. Each selected potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Sponsor may require Grand Prize winner to sign and return
In Sponsor’s sole discretion, a selected potential Grand Prize winner may be disqualified (and may forfeit his/her prize), and an alternate winner may be randomly selected in accordance with these Official Rules from among the remaining eligible entries if such selected potential winner (i) is unreachable or does not timely respond to any communication from Sponsor (or its designee) (or if a winner notification is returned as undeliverable), (ii) declines or cannot accept, receive or use a prize for any reason, (iii) fails to sign and return the Affidavit (if required) within the required time period, and/or (iv) does not comply with these Official Rules. The above also applies to Runner-Up Prize winners except that no alternate winner for a given Runner-Up Prize will be selected in the event that Runner-Up Prize winner is disqualified. Forfeited prizes may not be awarded. In the event that a selected potential Grand Prize winner is disqualified and/or is unable to satisfy the requirements herein, Sponsor will use reasonable efforts to award the Grand Prize to an alternate winner (if necessary and time permitting) who successfully meets the requirements to receive a prize, but reserves the right to not award the prize after multiple efforts to identify an alternate winner (if any) who accepts the prize.
Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners, is final and binding in all matters related to the Sweepstakes. Each selected potential winner may, in Sponsor’s sole discretion, be required to show a valid state issued driver’s license, government-issued identification or other identification (subject to Sponsor’s approval) as evidence of identity.
6. Prizes: One (1) Grand Prize is offered in this Sweepstakes. The one (1) Grand Prize winner will receive a Grand Prize which consists of a Topgolf gift card with a $575 value that can be used at Topgolf facilities. The number of Runner-Up Prizes offered will depend upon the number of eligible entries/entrants that correctly identify Sponsor’s new wing flavor. Each Runner-Up Prize winner will receive a coupon code for $10 off Topgolf game play/credit that is redeemable between February 22, 2016 through March 6, 2016 only at participating Topgolf facilities. Total ARV of all offered prizes will vary based on the number of Runner-Up winners that are selected to receive a prize. Winners will receive their prizes via text message (if winner entered via text message), email and/or other means as determined by Sponsor.
Unless otherwise indicated herein, all
expenses and travel costs including, but not limited to, all transportation,
meals, incidental, surcharges, service charges or facility charges, or taxes,
are the responsibility of each winner. For
example, each prize excludes transportation to/from a Topgolf facility. All elements of each prize are subject to availability,
blackout days (which may include holidays, weekends and/or special events) and
certain other restrictions. Grand Prize
is valid for food, beverages, game play/credit (including online purchases for
game play/credit), apparel, lessons, and applicable taxes; Grand Prize is not
valid for gratuity. (For example, Grand
Prize could be used once a week for a year (i.e., 52 weeks) towards the
purchase of a $10 order of wings.) Any
unused portion of a prize after its expiration date will become void, and will
no longer be redeemable. If applicable, each
prize is also subject to terms and conditions set forth on applicable gift
card, voucher or certificate. Each prize
is non-transferable and no
substitutions will be made except as provided herein at the Sponsor’s sole
discretion. Sponsor reserves the right
7. Release and Limitation of Liability: BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND EACH OF ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND SHAREHOLDERS, ADVERTISING AND PROMOTION AGENCIES, CONSULTANTS, AND ANY OTHER COMPANIES PARTICIPATING IN THE PROMOTION, ADMINISTRATION OR FULFILLMENT OF THIS SWEEPSTAKES (COLLECTIVELY THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO OR ARISING OUT OF THIS SWEEPSTAKES (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE SWEEPSTAKES) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY OF THE PRIZES AWARDED INCLUDING, BUT NOT LIMITED, TO PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY.
Releasees shall not be liable to any winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.
Releasees are not responsible for and shall not be liable for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit or interfere with a participant’s ability to take part in the Sweepstakes; (iii) unauthorized human intervention in any part of the entry process of the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, undeliverable, damaged or stolen entries or notices (including winner notifications, if applicable); (vi) data corruption, theft, destruction, unauthorized access to or alternation of entry or other materials; (vii) any printing, typographical, human, administrative or technical errors or omissions in any material associated with the Sweepstakes; and/or (viii) any injury, loss, costs, expenses or damages to persons or property (including, but not limited to, damage to any computer system or mobile device related to participation in, accessing or downloading information related to the Sweepstakes) which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or any Sweepstakes related activity.
If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes unless it is not possible to award another entry due to discontinuance or completion of the Sweepstakes.
8.Publicity: Except where prohibited by law, by accepting a prize, each winner agrees and acknowledges that Sponsor and its designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Sweepstakes or any other promotion, contest or sweepstakes sponsored by the Sponsor.
9.General Conditions: Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should an error, virus, bug, computer problem or other cause or issue corrupt, restrict, prevent or inhibit the administration, security or proper operation of the Sweepstakes and, in such situation, to select the winners from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, Sponsor determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. No more than the stated number of prizes will be awarded. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR PLATFORM, OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10.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.
11. 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.
13. Official Rules: For a copy of these rules, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Topgolf International, Inc., Your Taste Sweepstakes, 8750 N. Central Expressway, Suite 1200, Dallas, TX 75231. All requests for the Official Rules must be received by September 1, 2016.
14. Winner List: For the name of the Grand Prize winner, send a self-addressed stamped envelope to: Topgolf International, Inc., Your Taste Sweepstakes, 8750 N. Central Expressway, Suite 1200, Dallas, TX 75231. All winner list requests must be received by September 1, 2016.