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| No purchase, sales presentation, or payment required to enter or win. U.S. residents, age 18 and older only. Void where prohibited. ARV $399.99 per RAZR Fit Xtreme Driver. For Official Rules. Estimated odds of winning based on number of entries for all stores for each participating retailer. Sponsored by Callaway Golf Sales Company, 2180 Rutherford Road, Carlsbad, CA 92008. Enter during regular retail store hours. Product demo is not a requirement for entry. Each winner will receive one left-handed RAZR Fit Xtreme driver signed by Phil Mickelson (for a total of 41 winners). One entry per person. For Terms and Conditions. | ||
| Official Rules: Callaway Golf RAZR Fit Xtreme Phil Mickelson Sweepstakes Official Rules NO PURCHASE, SALES PRESENTATION, OR PAYMENT REQUIRED TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING SWEEPSTAKES. U.S. AND CANADIAN (EXCLUDING QUEBEC) RESIDENTS, AGE 18 AND OLDER ONLY. VOID WHERE PROHIBITED. SWEEPSTAKES BEGINS AT 4:00AM (PACIFIC TIME) ON FEBRUARY 8, 2013 AND ENDS AT 9:00PM (PACIFIC TIME) ON FEBRUARY 9, 2013 ("SWEEPSTAKES PERIOD"). PARTICIPANTS MAY ENTER THIS SWEEPSTAKES DURING PARTICIPATING RETAILERS' REGULAR STORE HOURS DURING THE SWEEPSTAKES PERIOD. Sponsor: The "Callaway Golf RAZR Fit Xtreme Phil Mickelson Sweepstakes" (the "Sweepstakes") is offered, operated and administered by Callaway Golf Sales Company ("Sponsor"), 2180 Rutherford Road, Carlsbad, CA 92008. Terms and Conditions: By participating in this sweepstakes, each participant ("Entrant") agrees to be bound by these terms and conditions ("Official Rules"). How to Enter: During the Sweepstakes Period, visit one of the Participating Retailers (as defined below) and fully complete the Official Entry Form, as indicated ("Entry"). Upon completion of the Entry, hand the Entry to an in-store sales associate (consumers wishing to enter via The Golf Warehouse or Golfsmith websites may do so on-line per instructions set forth on both websites). Only one entry is allowed per person during the Sweepstakes Period. Participating retailers are: All Golfsmith, PGA Tour Superstore, Edwin Watts, The Golf Warehouse, World Wide Golf, Carl's Golfland, Golf & Ski Warehouse, Golf Town, Troon North, Callaway Golf Center Las Vegas, and Golfdom (collectively, "Participating Retailers"). Information regarding Participating Retailers can be found at www.callawaygolf.com/razr-fit-xtreme-phil-mickelson-sweepstakes-rules.html. Entry must be received by 9:00 p.m. (Pacific Time) on February 9, 2013. All Entries are subject to Sponsor's Privacy Policy at http://www.callawaygolf.com. Post Office Box addresses will not be accepted. Automated entries are not permitted. All Entries become the sole property of Sponsor. Eligibility: Sweepstakes open to legal U.S. and Canadian (excluding Quebec) residents, age 18 and older. Proof of age and residency may be required. Employees of Sponsor and its parent company, affiliates, Participating Retailers, retail locations, suppliers, distributors, advertising, promotion or any other agencies or entities involved with this Sweepstakes and members of their families (parents, siblings, children, and their respective spouses) and/or those residing in the same household (whether related or not) of each of the above are not eligible to enter or win. No purchase or sales presentation required, nor shall such increase odds of winning. Entry in this Sweepstakes constitutes each Entrant's agreement to be bound by these Official Rules, pay all applicable taxes and comply with all laws. Winning a prize is contingent upon fulfilling all requirements set forth herein. Drawing: On February 28, 2013, Sponsor and/or its designee(s) will select prize winners ("Prize Winners"). The random drawings will be administered by Sponsor or its designees; Sponsor's decisions will be final and binding in all respects. Upon Notification, if a Canadian resident, the selected entrant must, unaided, correctly answer a time-limited mathematical skill-testing question. In the event that the selected entrant is unable to correctly answer the skill-testing question, the Sponsor shall have the right to randomly draw another eligible entrant, and the Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. A specified number of names will be drawn from the Entries received at all stores for each Participating Retailer combined, as follows: Golfsmith - 4; PGA Tour Superstore - 4; Edwin Watts - 4; The Golf Warehouse - 4; World Wide Golf - 4; Carl's Golfland - 4; Golf & Ski Warehouse - 4; Golf Town - 4; Troon North - 3; Callaway Golf Center Las Vegas - 3; and Golfdom - 3. Estimated odds of winning are based on the actual number of Entries received at all stores for each Participating Retailer and the number of prizes designated by Sponsor to that particular Participating Retailer as set forth herein. The prize (as described below) will be delivered to all eligible Prize Winners on or before March 31, 2013. If a Prize Winner (as notified by Sponsor) does not receive the Prize by said date, please send a message to the following Email address stating the driver has not been received and stating Prize Winner's contact information: Pete.Avery@callawaygolf.com. Prize: Each Prize Winner will receive one (1) left-handed RAZR Fit Xtreme Driver signed by Phil Mickelson (the driver will not be built to Prize Winner's specifications; all club specifications are at the sole discretion of Sponsor). Approximate retail value ("ARV") of the prize is $399.99 U.S./$401.33 CDN. Limit of one prize per person. Winners will not receive difference between actual value and ARV. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Prize Winners are responsible for all taxes and fees associated with prize receipt and/or use. Prize Winners may be issued an IRS form 1099 by Sponsor for the value of the prize awarded. Canadian residents may be subject to withholding taxes and Canadian residents are responsible for the reporting and payment of any income tax. Notification and Collection of Prize: The potential Prize Winners will be notified by email or phone call within two (2) days of the prize drawing. Potential Prize Winners are subject to verification and must meet all eligibility requirements before the prize will be awarded. In the event that a potential Prize Winner does not meet all eligibility requirements, that person may be disqualified and the prize will be awarded to another randomly selected individual. Each potential Prize Winner must follow the directions contained in the Prize Acceptance Form provided by Sponsor and email or fax all completed forms, correctly filled out and signed, and provide any additional information that may be required, to Sponsor within three days of notification as a potential Prize Winner, including, but not limited to, an Affidavit of Eligibility/Further Release of Liability and Publicity Rights (where legal). Failure to respond within the time specified or other non-compliance with these Official Rules will result in disqualification as a potential Prize Winner and void further participation in the Sweepstakes. If a selected Entrant cannot be contacted in a timely fashion, or if for any reason a prize cannot be awarded, another Sweepstakes Entry will be randomly selected until the prize has been awarded. Sponsor is not responsible for any failure for any reason whatsoever of the selected Entrant to receive notification or for Sponsor to receive a selected Entrant's response. Winners' List: Within 30 days of the drawing, the names of the Prize Winners will be available online at http://www.callawaygolf.com/global/en-us/special-offers/special-offers-winners.html. The names will be posted on-line for approximately two-weeks. Publicity, Data Collection and Privacy: To the fullest extent allowed by law, by accepting the prize, the Prize Winner consents to the use of his/her name and address and/or likeness for purposes of advertising or trade without additional compensation. By entering the Sweepstakes, all Entrants consent to Sponsor's collection, use and disclosure of personal information to any third party for the purposes of administering the Sweepstakes and, unless otherwise specified, for consumer research and marketing purposes. To the extent permitted by law, upon entering into this Sweepstakes, each Entrant agrees to Sponsor's use of his/her personal information, as described in its Privacy Policy and Legal Statement located at: http://www.callawaygolf.com. Release: To the fullest extent allowed by law, by receipt of any prize, all Prize Winners agree to release and hold harmless Sponsor and its parent company and their respective subsidiaries, affiliates, suppliers, distributors, advertising/contest agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstakes or receipt or use or misuse of any prize, including any travel and participation in the activities related thereto. General Conditions: Sponsor assumes no responsibility for computer system, hardware, software, or program malfunctions or other errors, failures, delayed computer transmissions or faulty network connections, whether human or technical in nature. Sponsor is not responsible for late, incorrect, lost, incomplete, damaged, or misdirected Entries. If, in Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of this Sweepstakes, or if technical difficulties compromise any portion of the Sweepstakes or the integrity of the Sweepstakes, Sponsor reserves the right to suspend, modify or terminate the Sweepstakes. In the event of suspension, modification or termination, Sponsor reserves the right, at its sole discretion, to determine the Prize Winners from among all eligible Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Caution: any attempt by an Entrant or any other individual to deliberately damage any website, tamper with the entry process, or otherwise undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to cooperate in the prosecution of any such individual(s) and to pursue all remedies to the fullest extent permitted by law. In the event the Sponsor or any of Sponsor's affiliates are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes or the award of any prize is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor's or Sponsor's affiliates' control (each a "Force Majeure" event), the Sponsor and Sponsor's affiliates shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or Sponsor's affiliates, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and Sponsor's Affiliates reserve the right, but shall have no obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure event and/or to reschedule the date and/or location of delivery of any prize. Governing Law: By entering, Entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules. Arbitration of Disputes: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location in San Diego County, California as determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. In such event, Entrant consents to the jurisdiction and venue of the federal, state and local courts located in San Diego County, California. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within 60 days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The prevailing party shall be entitled to an award by the arbitrator of reasonable attorneys' fees and other costs reasonably incurred in connection with the arbitration. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. Conflicts: To the extent of a conflict between the terms of these Official Rules and the terms contained on any marketing or promotional materials, Entry forms or abbreviated rules, these Official Rules shall apply and control. If any provision of these Official Rules shall be held by any arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Official Rules shall continue in full force and effect. Parties: This Sweepstakes is being independently conducted by Callaway Golf Sales Company as the Sponsor. Trademarks: ©2013 Callaway Golf Company. Callaway, the Chevron Device and RAZR Fit Xtreme are trademarks and/or registered trademarks of Callaway Golf Company. All other trademarks are property of their respective owners. |
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