GENESIS #GOLFGOESLA CADDY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PRIZE WINNER MUST TRAVEL TO LOS ANGELES, CA DEPARTING ON FEBRUARY 12, 2019
AND RETURNING ON FEBRUARY 14, 2019 OR PRIZE WILL BE FORFEITED.
SPONSOR: Genesis Motor America, 10550 Talbert Avenue, Fountain Valley, CA 92708. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram®. PGA Tour, Inc. has not offered or sponsored this Sweepstakes in any way. PGA TOUR, PGA TOUR Champions, Web.com Tour, and the Swinging Golfer design are registered trademarks of PGA Tour, Inc. Joshua Kelley (“Influencer”) is not a sponsor of this Sweepstakes.
DATES OF PROMOTION: The Genesis #GolfGoesLA Caddy Sweepstakes (the “Sweepstakes”) begins at 12:00:00 AM Eastern Standard Time (“EST”) on January 31, 2019 and ends at 11:59:59 PM EST on February 3, 2019 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open only to permanent legal residents of the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age or older at time of entry and have an understanding of the rules of the game of golf as set forth by the United States Golf Association (the “USGA”) and have the physical ability to perform the duties of a “Golf Caddy” as designated by Sponsor (each an “Entrant”). Officers, directors, managers and employees of Genesis Motor America (the “Sponsor”), its dealerships and dealership personnel, Innocean Worldwide Americas, PGA Tour, Inc., the USGA, Influencer, and each of their respective parent companies, subsidiaries, affiliates, divisions, advertising, production and promotion agencies, and the immediate family members (spouses, parents, children, siblings and their spouses) and persons living in the same households of each of the above (whether related or not), and any others engaged in the development, production, execution or distribution of this Sweepstakes, including Centra Marketing & Communications, LLC d/b/a Centra360 (the “Independent Administrator”) (all of the foregoing hereinafter collectively referred to as the “Sweepstakes Entities”), are not eligible to participate or win a prize in this Sweepstakes. Sweepstakes may not be entered and shall be void outside the fifty (50) United States and the District of Columbia and wherever prohibited, taxed, or restricted by law. All federal, state and local laws and regulations apply. By entering this Sweepstakes, Entrants indicate their full and unconditional agreement to, and acceptance of, these “Official Rules” and the decisions of the Sponsor and/or Independent Administrator, which are final and binding in all respects.
HOW TO ENTER: To participate and enter this Sweepstakes, individuals will need an Instagram account (“Instagram Account”) that is set to follow @Genesis_USA and Influencer at @HoleInOneTrickShots during the Sweepstakes Period. If you don’t already have an Instagram Account, visit www.Instagram.com or download the Instagram application from your mobile device’s app store and sign-up for an Instagram Account. Creating an Instagram Account is free. If you use Instagram on your mobile phone, standard data fees/rates may apply. See your wireless provider for pricing plan details. By submitting your information and creating an Instagram Account, you will be required to agree to the Instagram terms of service and privacy notice. If you do not agree to Instagram’s terms of service and privacy notice, you cannot create an Instagram Account or participate in this Sweepstakes. No other method of entry will be accepted. Once you have an Instagram Account that is set to follow @Genesis_USA and @HoleInOneTrickShots during the Sweepstakes Period, you may enter the Sweepstakes by posting a comment as instructed on the designated Sweepstakes post made by Influencer from his Instagram handle @HoleInOneTrickShots on January 31, 2019, using both hashtags #GolfGoesLA and #Sweepstakes (hereinafter, an “Entry” or “Entries”). Each Entry is subject to the Entry Restrictions described below and any Entry that does not comply with those Entry Restrictions will be disqualified. ALL ENTRIES MUST BE RECEIVED BY 11:59:59 PM EST ON FEBRUARY 3, 2019.
By including both hashtags #GolfGoesLA and #Sweepstakes in the post, Entrants are confirming their acceptance and agreement to these Official Rules. Each Entrant must set his/her account to “public” (i.e. not “protected”) to submit an eligible Entry. If the Entrant’s account is not set to “public”, the Sponsor may not be able to view the Entry and Entrant will not be eligible to win. Sponsor may not receive Entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for its inability to see or receive an Entry. Posts not received by Sponsor will not be entered into the Sweepstakes. Entrants may not use multiple Instagram Accounts to enter. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed submitted by the person in whose name the Instagram Account was submitted (“Authorized Account Holder”). Entrant may be required to provide proof of being the Authorized Account Holder. If the Sponsor cannot determine the identity of the person based upon the information submitted, the respective Entrant will be disqualified.
ENTRY RESTRICTIONS: Each Entry must be submitted in compliance with the formatting and other requirements set forth at www.Instagram.com. Entries cannot infringe on the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Entries not meeting the requirements as set forth in these Official Rules or that contain prohibited, inappropriate, or irrelevant content, as determined by Sponsor and/or Independent Administrator, in their sole discretion, will not be eligible and will be disqualified. Entries must be truthful in all respects. Entrant further agrees, represents and warrants that he/she shall not submit any Entry that is known by the Entrant to: (a) be false, inaccurate, or misleading; (b) that infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) that is or may reasonably be considered defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation.
NON-QUALIFYING ENTRIES: Entries shall be disqualified from the Sweepstakes at Sponsor’s sole discretion if they: (a) contain generally obscene, lewd, crude, vulgar, profane, defamatory or inappropriate text, including acts of violence or acts that appear to cause harm; (b) contain other offensive content and/or any content expressing explicit, graphic or excessive indecent content that is or could be considered inappropriate, unsuitable, or offensive; (c) contain and display third-party brands prominently and intentionally, or any materials that violate or infringe (or may infringe) any copyright (including, without limitation, music or artistic work), trademark, logo, or other mark that identifies a brand, entity or other proprietary right of any person living or deceased, including, but not limited to, rights of privacy or publicity or portrayal in a false light; (d) communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; (e) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of the foregoing), and/or contain any particular political agenda or message; and/or (f) otherwise violate these Official Rules, as determined by Sponsor. Sponsor reserves the right to disqualify an Entry with offensive content or material that it feels is inappropriate in any way. Without limitation, Sponsor also reserves the right in its sole discretion to disqualify any Entrant (i) whose Instagram Account, in Sponsor’s sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, or does not comply with these Official Rules; and/or (ii) if Sponsor receives notification about any potential infringements or breaches of law by such Entrant; and/or (iii) for any other reason set forth herein.
Limit one (1) Entry per person/per Instagram Account during the Sweepstakes Period. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different identities, accounts, addresses, telephone numbers and/or any other methods will void that Entrant’s Entry and that Entrant may be disqualified from the Sweepstakes. No mechanically or programmatically reproduced Entries are permitted. Sponsor will not verify receipt of Entries for Entrants. Entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Sponsor may be disqualified. The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously. Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other.
Sponsor is not responsible for stolen, lost, late, incomplete, illegible, misdirected, misrouted, damaged, delayed, undeliverable or garbled Entries. By entering, each Entrant: (a) represents that he/she is at least twenty-one (21) years of age and otherwise eligible to participate in the Sweepstakes; and (b) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, which are final and legally binding in all respects. Any person who tampers with the entry process in any way will be disqualified.
ENTRANT LICENSE: By entering, Entrant warrants and represents the following with respect to each of his/her Entries: (a) the Entry is created by the Entrant and the Entrant is the sole and exclusive owner of the Entry (reposting another user’s social media post will not count as an individual Entry); (b) Entrant has all appropriate rights, powers and authority to grant Sponsor all rights and licenses to the Entry as set forth herein; and (c) the Entry will not violate or infringe upon any rights of any third parties. Sponsor reserves the right to request releases from any third parties appearing in any Entries. Failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor, is its sole and absolute discretion. Providing an Entry constitutes Entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Entry in whole or in part, on a worldwide basis, in perpetuity, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes. This license expressly includes a right (but not the obligation) for Sponsor to modify the Entry to remove any third party intellectual property. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which Sponsor deem(s) necessary or desirable, and Entrant irrevocably waives any and all so-called moral rights he/she may have therein.
RANDOM DRAWING: One (1) potential prize winner will be selected in a random drawing from among all eligible Entries received during the Sweepstakes Period. The random drawing will be conducted on or about February 4, 2019 by the Independent Administrator whose decisions on all matters relating to this Sweepstakes are final. Odds of winning will depend upon the number of eligible Entries received during the Sweepstakes Period.
NOTIFICATION / RELEASE: The potential prize winner will be notified by the Independent Administrator either via a direct message on Instagram or through a reply comment on the winning Entry (method to be selected by Independent Administrator in its sole discretion) on or about February 4, 2019 (the “Notification”). The Independent Administrator will initiate a conversation through a direct message or reply comment on the winning Entry with the potential prize winner. The Notification message will request that the potential prize winner reply back to the Independent Administrator within twenty-four (24) hours following the date of the Notification with specific personal information, which shall include the first name, last name, physical address, city, state, zip, email and date of birth (the “Required Information”) of the potential prize winner. The potential prize winner’s Instagram Account notification settings need to be set to “public”. In the event the potential prize winner cannot be reached via the Notification, the Notification is undeliverable, the potential prize winner does not respond with the Required Information by the date indicated within the Notification, or if it is determined by Sponsor or the Independent Administrator, in their sole discretion, that the potential prize winner is not eligible in accordance with or otherwise not in compliance with these Official Rules, the potential prize winner will be disqualified (without compensation of any kind) and the prize will be awarded to an alternate prize winner in a random drawing from among all remaining eligible Entries received during the Sweepstakes Period. In the event that the potential prize winner is disqualified for any reason, Sponsor/Independent Administrator shall have no liability or obligation to such individual. The Independent Administrator will attempt to contact up to three (3) alternate potential prize winners should an original prize winner not respond in order to award the prize. In the event that none of the three (3) alternate potential prize winners respond to the Notification, the prize will not be awarded.
Following receipt of the potential prize winner’s Required Information, the potential prize winner will be sent an email from the Independent Administrator to complete, execute and return (except where prohibited) an Affidavit of Eligibility, Liability and Publicity Release (the “Release”) and an IRS Form W-9 (“W-9 Form”) (collectively, the “Required Documents”) within three (3) days or less from the date that the Required Documents were sent by the Independent Administrator. If the potential prize winner fails to return the Required Documents within the time period required, the potential prize winner forfeits his/her right to the prize. The prize winner consents (and agrees to sign any additional documents required by Sponsor/Independent Administrator) to the Sweepstakes Entities’ right to use his/her name, likeness (photograph and/or other visual likeness), biographical information, and voice in advertising/publicity/trade without territorial or time limitations and without compensation, notice or approval; and, the prize winner disclaims any ownership rights in or to such advertising/publicity/trade material. Sponsor and Independent Administrator are not responsible for any change of email address, mailing address and/or telephone number of Entrants.
ONE (1) PRIZE: Prize consists of a trip for the prize winner (“Prize Winner”) departing on February 12, 2019 and returning on February 14, 2019 to Los Angeles, CA to attend one (1) Pro-Am Experience to be designated by Sponsor at the Genesis Open scheduled to be held on February 13, 2019 at the Riviera Country Club in Pacific Palisades, CA whereby the prize winner will perform the duties of a “Golf Caddy” for Influencer and as further designated by Sponsor. Prize includes round-trip economy class air transportation (airline/flight times to be selected by Sponsor at its sole discretion) for Prize Winner between the major commercial airport closest to the Prize Winner’s permanent residence at the time of entry to Los Angeles International Airport, two (2) consecutive nights accommodations (one standard single occupancy room inclusive of all applicable taxes and fees) at a hotel to be designated by Sponsor, one (1) ticket to the Genesis Open on February 13, 2019 including access to one (1) Pro-Am Experience to be designated by Sponsor whereby the prize winner will perform the duties of a “Golf Caddy” for Influencer and as further designated by Sponsor, and a cash allowance awarded in the form of a check made payable to the Prize Winner in the amount of four hundred dollars ($400). The approximate retail value (“ARV”) of the prize is $2,500. The actual value of the prize may vary depending on itinerary and applicable market fares. The Prize Winner will be solely responsible for any and all costs and expenses associated with the acceptance and use of the prize including, but not limited to, any and all ground transportation, gasoline, tolls, parking, mileage, meals and beverages, incidental travel expenses, in-room charges (e.g., mini-bar, room service, laundry service, telephone, internet, and movies), gratuities, travel upgrades, baggage fees, and any other expenses not specified as part of the prize. The ARV of the advertised prize set forth above represents Sponsor’s good faith determination of the actual fair market value and, as ultimately determined by Sponsor, is final and binding and cannot be challenged or appealed. In the event the stated ARV of the prize is more than the actual fair market value, the difference will not be awarded in cash or otherwise. The Prize Winner will be required to provide Sponsor with his/her social security number for tax purposes. Reporting and payment of any applicable Federal, State and local taxes are the sole responsibility of the Prize Winner. The Internal Revenue Service requires Form 1099MISC to be issued and filed for any recipient who receives a prize, if the annual aggregate value of the prize received is $600 or more. Sponsor will comply with all tax reporting requirements, including issuing a Form 1099-MISC issued to the Prize Winner for the fair market value of the prize awarded.
By entering this Sweepstakes and accepting the prize, the Prize Winner agrees to maintain his or her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes or prize-related activity. Sponsor reserves the right to terminate attendance to any prize-related activity or event, in whole or in part, and send the Prize Winner home with no further compensation, in the event the Prize Winner engages in behavior that is obnoxious, threatening, or illegal; is intended to annoy, abuse, threaten or harass any other person; is uncooperative or disruptive; may or does cause damage to person, property, or the reputation of Sponsor; or otherwise violates the policies of the prize providers; all as determined by Sponsor in Sponsor's sole discretion.
If, in the judgment of Sponsor, air travel is not required due to the Prize Winner’s proximity to prize location, ground transportation will be substituted for round-trip economy class air transportation at Sponsor’s sole discretion and no additional compensation will be provided. The Prize Winner will be required to provide a valid major credit or debit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check and all in-room charges, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the Prize Winner’s hotel room will be charged to that major valid credit or debit card or deducted from the deposit provided. The Prize Winner must travel on dates designated by Sponsor or the prize will be forfeited. Travel and all elements of the prize are subject to terms and conditions set forth in these Official Rules and those set forth by the selected travel providers; availability and blackout dates and other material restrictions may apply. The Prize Winner is responsible for any fees or additional charges resulting from change(s) to itinerary or accommodations made by the Prize Winner. Airline tickets are subject to terms and conditions stated on such tickets and various additional material restrictions may apply. Lost, stolen or misplaced tickets will not be replaced. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by hotels or other transportation companies or any other persons providing any of these services and accommodations to Prize Winner. In the event, for whatever reason, the designated Genesis Open Pro-Am Experience is cancelled or postponed, only the travel portion of the prize will be awarded to the Prize Winner and there will be no substitution or compensation for the Genesis Open Pro-Am Experience. If the Prize Winner becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have no obligation to transfer or substitute the prize award or any part thereof. The Prize Winner is solely responsible for life, accident, property or other insurance relating to the prize or its use. Prize Winner assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in Genesis Open Pro-Am Experience, or the provision, acceptance or use of any prize or any component of any prize. The Prize Winner is solely responsible for obtaining all necessary travel documents prior to travel, including but not limited to a valid government issued photo identification card, as applicable, and the associated costs for these and any other requirements. Sponsor shall not be liable for any loss or damage to baggage. Sponsor accepts no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required.
Prize is non-transferable; no substitution, exchange, or cash redemption except by Sponsor due to unavailability in which case a prize of equal or greater value will be awarded. Prize may not be transferred by any other means, including but not limited to sale, barter or trade on auction websites. If the Prize Winner does not accept the prize, the unaccepted prize will be forfeited and the Sweepstakes Entities will have no further obligation with respect to the prize. In the event more Notifications are issued, or more winning claims are received than the number of prizes set forth in these Official Rules due to computer, printing, seeding, human or other error or problem, a random drawing will take place from among all eligible prize claims to award the prize, as set forth in these Official Rules. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. No more than the stated number of prizes will be awarded.
GENERAL CONDITIONS: Should any portion of the Sweepstakes be, in Sponsor’s sole discretion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole discretion of the Sponsor, corrupts or impairs the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and conduct the Sweepstakes in a manner which in its sole discretion is fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted at http://www.genesisgolfpro-amsweepstakes.com. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. Sponsor reserves the right to disqualify or reject any incomplete, inaccurate or false Entry. The Sponsor is not responsible for any changes to or unavailability of the Instagram platform that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Instagram platform for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of Entrant to timely enter, receive notices or communicate with Sponsor via the Instagram platform, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
RELEASE: By participating in this Sweepstakes, Entrants agree to release, discharge, defend, indemnify and hold harmless the Sweepstakes Entities, Instagram, and each of their respective officers, directors, managers, employees, parents, subsidiaries, affiliates, agents, members, shareholders, insurers, servants, divisions, predecessors, successors, representatives, dealers, distributors, advertising, promotion, and fulfillment agencies, including the Independent Administrator, consultants and legal advisors (collectively, the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) Entrant’s participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to Entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize. Entrant agrees that the Sweepstakes Entities may irrevocably use the Entrant’s name, voice, city/state of residence, photograph and/or other visual likeness for advertising and/or trade purposes and/or for any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification.
Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Entrant acknowledges that the releases herein are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
LIMITATIONS OF LIABILITY: The Released Parties are not responsible for (a) unauthorized human intervention in any part of the entry process or the Sweepstakes; (b) electronic or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (c) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes; (d) any printing or typographical errors or other incorrect or inaccurate Entry information in any Sweepstakes-related materials; (e) stolen, lost, late, misdirected, corrupted, incomplete, or indecipherable Entries; or (f) technical failures of any kind, including, but not limited to, the malfunctioning of any computer, mobile device, cable, network, hardware or software. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ANY ENTRANT’S ACCESS TO THE SWEEPSTAKES, INCLUDING DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM AND/OR OTHERWISE USING ANY WEBSITES OR APPLICATIONS ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND THE PRIZE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ALL ENTRANTS. ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES: Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void), shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Orange County, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures, and any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with Entrant’s participation in this Sweepstakes or otherwise accessing this Sweepstakes, and in no event will Entrant be entitled to receive attorneys’ fees or other legal costs. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall Entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Sweepstakes or any content or other material used or displayed on this Sweepstakes. 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 California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
NAME OF WINNER/ RULES REQUEST: For the name of the Prize Winner or a copy of these Official Rules, please submit a self-addressed stamped envelope for receipt by February 28, 2019 to GENESIS #GOLFGOESLA CADDY SWEEPSTAKES (specify either “Winner List” or “Rules Request”), c/o Centra360, 1400 Old Country Rd. #306, Westbury, NY 11590.
OFFICIAL RULES: A copy of these Official Rules may be obtained during the Sweepstakes Period by visiting http://www.genesisgolfpro-amsweepstakes.com.