SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE TERMS AND CONDITIONS (THE “RULES”) CONTAINED HEREIN CONSTITUTE AN AGREEMENT BETWEEN YOU AND THE SPONSOR (DEFINED BELOW). BY ENTERING THE SWEEPSTAKES (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO UNCONDITIONALLY ACCEPT AND ABIDE BY THESE RULES IN THEIR ENTIRETY.
IN RESPECT OF ENTRANTS BASED IN THE UNITED STATES, AS MORE FULLY DETAILED BELOW, THESE RULES CONTAIN A MANDATORY BINDING ARBITRATION CLAUSE REQUIRING ARBITRATION OF ALL DISPUTES CONCERNING THE SWEEPSTAKES. THE RULES ALSO CONTAIN INDEMNITIES FROM YOU TO THE SPONSOR, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THE SPONSOR
These sweepstakes or prize draw (the “Sweepstakes”) are sponsored and operated by LIV Golf Inc, a company incorporated in Delaware, with a mailing address at 222 Lakeview Avenue, West Palm Beach, Florida 33401 (the “Sponsor”).THE SWEEPSTAKES
The title of the Sweepstakes is the “Majesticks GC 2024 Swing Analysis Prize Draw”.
Entrants (defined below) may enter for a chance to win the Prize, as defined and described in Rule 6 below. There is a limit of one (1) entry per person for the Sweepstakes. See Rule 3 below for entry details.
HOW TO ENTER
The Sweepstakes will run from 00:01am (British Summer Time) on 8 July 2024 to 23:59 (British Summer Time) on 14 July 2024 (the “Entry Period”).
All Sweepstakes entries must be received by the Sponsor during the Entry Period. All entries received after the Entry Period are automatically disqualified. An eligible individual who attempts to enter the Sweepstakes is hereafter referred to as an “Entrant”.
To receive one (1) entry into the Sweepstakes, during the Entry Period, an Entrant must:
if Entrant is a LIV X and Majesticks GC fan club member, complete and submit the entry form at [insert smart survey ink]; or
if Entrant is not a LIV X and Majesticks GC member, create a LIV X account and join the Majesticks GC fan club by filling out the form at https://www.majesticksgc.com/fans.
To enter without joining the Majesticks GC fan club on LIV X, email your full name and email address with the Sweepstake title in the subject line to liv.x@livgolf.com within the Entry Period to be randomly entered into the Prize draw. If an email entry is received after the Entry Period, no entry will be recorded. No other method of entry will be accepted including entries delivered by hand or by post. Each compliant and successfully emailed request equals one (1) entry into the Sweepstakes.
No purchase necessary to enter or win, and a purchase will not increase an Entrant’s chances of winning. An Entrant’s odds of winning depend on the total number of eligible entries received. Entrants are not required to opt-in to receive the Sponsor’s marketing emails to enter the Sweepstakes. An Entrant will be able to able to unsubscribe from receiving emails and other communications from the Sponsor and its affiliates, by following the instructions in the applicable LIV Golf Privacy Policy at https://www.livgolf.com/privacy-policy.
The Sponsor will not accept:
responsibility for Sweepstakes entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
proof of posting or transmission as proof of receipt of entry into the Sweepstake.
The winner will be drawn at random from all valid entries received during the Entry Period. Subject to verification of eligibility and compliance with these Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”).
ELIGIBILITY
The Sweepstakes is only open to all residents of the 50 United States and the District of Columbia and Great Britain aged 18 years (except in the case of residents of jurisdictions where the legal age of majority is greater than 18 years, such legal age of majority) or over, except:
employees, directors and officers of the Sponsor or its holding or subsidiary companies;
employees, directors and officers of agents or suppliers of the Sponsor or its holding or subsidiary companies, who are professionally connected with the Sweepstakes or its administration; and
members of the immediate families (including spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) or households of (a) and (b) above.
ENTRY CONDITIONS
In entering the Sweepstakes, Entrant confirms that Entrant is eligible to do so in conformance with these Rules and is eligible to claim the Prize if Entrant is the Winner. The Sponsor may require an Entrant to provide proof that Entrant is eligible to enter the Sweepstakes.
The Sponsor will not accept competition entries that are:
automatically generated by computer; or
completed by third parties or in bulk.
There is a limit of one (1) entry per person and additional entries will be void. Entries on behalf of another person will not be accepted and joint submissions are not allowed. Any individual found to be using multiple email addresses to enter will be ineligible.
The Sponsor reserves all rights to disqualify an Entrant if their conduct is contrary to the spirit or intention of the Sweepstakes.
The Sweepstakes is subject to all applicable laws, rules, and regulations. The Sweepstakes is void outside the eligible territory set out above and where prohibited or restricted by law, rule, or regulation.
THE PRIZE
The Prize will be a pre-recorded video analysis of the Winner’s golf swing by Majesticks GC captain, Ian Poulter (the “Prize”). Approximate retail value of the Prize is $550.
The Prize is subject to availability. The Sponsor reserves the right to substitute the Prize with a Prize of equal or greater value.
The Prize is not negotiable, exchangeable, transferable or redeemable for cash. The Winner is strictly prohibited from selling the Prize to any other person.
Travel and accommodation are not included in the Prize and the Sponsor accepts no responsibility for any costs associated with any Prize which are not specifically included in that Prize, including, without limitation, meals, personal expenses, insurance and travel expenses.
The Winner is fully responsible for any and all applicable taxes (including income and withholding taxes) in respect of the Prize and the Sweepstakes.
All Sweepstakes entries become the property of the Sponsor and will not be acknowledged.
WINNER
The Winner will be selected at a random drawing from all valid entries received during the Entry Period on 15 July 2024. The Winner will be subject to verification of eligibility and compliance with these Rules.
Each Entrant agrees that the decision of the Sponsor is final, binding and conclusive in all matters related to the Sweepstakes.
The Sponsor will contact the potential Winner personally as soon as practicable after selection, using the address provided to submit a Sweepstakes entry. The Sponsor will not amend any contact information after the competition entry has been submitted. The Sponsor is not responsible for typos or errors in any Entrant’s Sweepstakes entry.
The Sponsor must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the Sponsor will, subject to the following sentence, send the surname and state (where the Winner resides in the United States) or county (where the Winner resides in Great Britain Entrants) of the Winner (as applicable to the country of residence of the Winner) to anyone who emails liv.x@livgolf.com within one month after the Entry Period. If you object to any or all of your surname state or county being published or made available, please contact the Sponsor by email at liv.x@livgolf.com. In such circumstances, the Sponsor may still be required to provide the information and winning entry to any regulator, on request.
By entering the Sweepstakes, Entrant grants to the Sponsor, LIV Golf Inc., LIV Golf Ltd, LIV Golf Events Ltd, Majesticks GC and their respective affiliates, designees and third parties in perpetuity, the irrevocable right to use, reproduce, distribute, and display, the Entrant’s name, portrait, picture, likeness, image or statements about the Sweepstakes, or any photograph, or video content submitted by the Entrant of Entrant’s golf swing, for any purpose whatsoever concerning the businesses, activities, events, advertisements, promotions or marketing of the Sponsor, LIV Golf Inc., LIV Golf Ltd, LIV Golf Events Ltd, Majesticks GC and their respective affiliates, and parent and subsidiary companies, throughout the world, including, but without limitation, in connection with the Sweepstakes, and related advertising, marketing, promotion, merchandising, as well as in connection with any other media or technology (including, without limitation, internet protocols, wireless or interactive platforms or interfaces) through which the Sponsor or its affiliates, designees and third parties may distribute content to end users, whether now existing or hereafter developed.
CLAIMING THE PRIZE
Details of the Prize will be confirmed to the Winner that has accepted the Prize in accordance with Rule 8.3 by 17 July 2024, including the timeline that Winner has to provide their swing video in order to claim the Prize.
The Prize may not be claimed by a third party on your behalf.
The Sponsor will make reasonable efforts to contact the potential Winner in accordance with Rule 7.3. If the potential Winner cannot be contacted or is not available, refuses the Prize, is ineligible to receive the Prize, has not claimed the Prize within 48 hours of the attempted notification, or has failed to provide a video of his or her swing as required in order to receive the Prize within the time period notified by the Sponsor, the Sponsor reserves the right to award the Prize to the next eligible Entrant selected from the correct entries that were received during the Entry Period If necessary, the Sponsor will contact up to two (2) alternate winners in order to award the Prize, time permitting, after which the Prize will go unawarded.
The Sponsor is not responsible if a potential Winner is not able to accept or receive the Prize.
The potential Winner may be required to provide certain information, documentation or identification to the Sponsor to comply with any tax obligations arising as a consequence of winning the Prize. A Winner who is resident in the United States will be required to submit its valid social security number and/or other documentation or identification to the Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Prize claim documents will be sent to the potential Winner via email and/or mail. The Prize claim documents for the potential Winner may also include a declaration of eligibility/release of liability/Prize acceptance and publicity release (where permitted by law), a guest release form and any other documentation reasonably requested by the Sponsor, all of which the potential Winner must complete and return within seven (7) days of the date the Prize claim documents are sent to the potential Winner.
Failure of Winner and/or Guest (if applicable) to meet the eligibility criteria of the Sweepstakes or submit any documentation and/or identification required may result in the potential Winner’s disqualification and forfeiture of the Prize and, in such circumstances, the Sponsor reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received during the Entry Period.
To the extent permitted pursuant to applicable law, the Sponsor reserves the right, in its sole discretion, to void, modify, suspend, extend, cancel or amend the Sweepstakes (or any portion thereof) in the event the Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond the Sponsor’s control. The Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines, in its sole discretion, that the Sweepstakes materials and/or Prize claim document is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors have destroyed or undermined the proper entry, integrity, and/or feasibility of the Sweepstakes.
DATA PROTECTION AND PUBLICITY
The Sponsor will process the Entrant’s and Guest’s personal data as set out in the Sponsor’s Privacy Policy at https://www.livgolf.com/privacy-policy. By entering this Sweepstake, the Entrant grants, and shall procure any Guest (if applicable) grants, the Sponsor and its designees or third parties permission to share the Entrant’s email address and any other personally identifiable data with its affiliates and third party agencies for the purpose of selecting the Winner and facilitating the Prize.
GENERAL
If there is any reason to believe that there has been a breach of these Rules, the Sponsor may, at its sole discretion, exclude an Entrant from participating in the Sweepstakes.
To the extent permitted pursuant to applicable law, the Sponsor reserves the right to hold void, suspend, cancel, or amend the Sweepstakes where it becomes necessary to do so.
Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies (including legal fees) from any such person to the fullest extent permitted by law. While the Sponsor may take action against fraudulent activities of which they become aware, the Sponsor assumes no responsibility or obligation to proactively police Entrants’ activities, or to investigate any or all claims of fraudulent activity. The Sponsor’s failure to enforce any provision of these Rules shall not constitute a waiver of that provision.
The Sponsor will not be required to correspond with Entrants.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Sponsor makes no warranties, and hereby disclaim any and all warranties, express or implied, concerning the Prize in connection with the Sweepstakes. Without limiting the generality of the foregoing, the Prize will be provided "as is" without warranty of any kind, either express or implied, and, to the fullest extent permitted by applicable law, the Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.RELEASE AND CONDITIONS OF PARTICIPATION
Important: By participating in the Sweepstakes, each Entrant hereby releases and agrees to hold the Sponsor, LIV Golf Inc., LIV Golf Ltd, LIV Golf Events Ltd and each of their respective affiliates, Prize partners, developers, licensors, digital/advertising/promotion agencies, and all of their shareholders, officers, directors, agents, representatives and employees (the “Sweepstakes Entities”) harmless from and against any and all costs, injuries, losses or damages of any kind, to the fullest extent permitted by applicable law, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of the Prize.
By submitting an entry, the Entrant acknowledges and agrees that:
Under no circumstances will Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased, against any Sweepstakes Entity.
Entrant waives any right to claim ambiguity in these Rules.
the Sweepstakes Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:
Incomplete, lost, late, or misdirected entries, or for failure to receive entries due to any cause, including, without limitation, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with the Entrant, with the Sweepstakes Entities or otherwise, that may limit the Entrant’s ability to participate in the Sweepstakes;
Incorrect or inaccurate information whether caused by internet users, or by any equipment or programming associated with or utilized in connection with the entry (and the Sweepstakes Entities assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking);
to the fullest extent permitted by applicable law, any injury or damage resulting from participation in the Sweepstakes (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or
any claim by the Entrant for defamation or portrayal in a false light.
The Sweepstakes Entities assume no responsibility for any damage to Entrant’s computer system, which is occasioned by accessing the website or social media pages, or submitting an entry, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
GOVERNING LAW AND JURISDICTION
For Entrants based in Great Britain only: These Rules and the Sweepstakes are governed by English law. If any Entrants to this promotion wish to take court proceedings, then thy must do this within the courts of England and Wales or Scotland.
For Entrants based in the United States only: These Rules and Sweepstakes shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these 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 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. Each Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any benefits received, or the administration of the Sweepstakes not resolved through internal adjudication shall be resolved individually, exclusively by arbitration, to take place in the State of New York pursuant to the Rules of the American Arbitration Association, then effective. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Rules will be joined to an arbitration involving any other party subject to these Rules, whether through class arbitration proceedings or otherwise.