Eligibility.
Open to individuals who are legal residents of and physically located in the fifty United States and the District of Columbia who are 18 years of age or older or the age of majority in the entrant's state or jurisdiction of residence, whichever is greater. Employees, officers, and directors of World Golf Tour, Inc. ("Sponsor" or "World Golf Tour"), Muscular Dystrophy Association, and their respective affiliated entities, parent, subsidiaries, advertising, promotional agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to enter or win prizes. Void where restricted, taxed or prohibited by law.-
How To Enter.
There are two ways to enter.
ONLINE ENTRY: To enter the Jerry Lewis MDA Open Skill contest (the "Contest") between 12:00:01 am Pacific Time ("PT") on October 10, 2008 through 11:59:59 pm PT on October 31, 2008 (the "Contest Period") (i) visit www.worldgolftour.com (the "Site"), (ii) electronically acknowledge and agree to the terms of Sponsor's Privacy Policy and Terms of Use (if you have not already), (iii) register as a member of World Golf Tour by completing all required fields on the online entry form (if you have not already), (iv) register for the Contest and pay (via credit card payment or application of World Golf Tour credits) the entry fee of Twenty Dollars ($20.00) (the "Entry Fee"), and (iv) play and complete the online golf skills contest, as more fully described herein (the "Game"), during the Contest Period and subject to and accordance with the terms and conditions set forth herein and on the Site (collectively, an "Entry" or "Online Entry").
All entrants who successfully complete the Online Entry process shall have the opportunity at the time of Contest registration to select and receive from Conde Nast Publications either a 6-month magazine subscription to Golf World Magazine or a 1-year subscription to Golf Digest Magazine, all subject to the terms and conditions set forth in these Official Rules and on the Site (each a "Magazine Subscription"). The approximate retail value ("ARV") of the Magazine Subscription is $12.00.
ALTERNATIVE ENTRY -- MAIL-IN REQUEST FOR CREDITS: You may also enter the Contest without paying the Entry Fee by obtaining free World Golf Tour account credits that you can use to play the Game and enter the Contest. To obtain free Word Golf Tour credits, you must (i) register for a free World Golf Tour account at www.worldgolftour.com (if you have not already), (ii) electronically acknowledge and agree to the terms of Sponsor's Privacy Policy and Terms of Use (if you have not already), and (iii) send a 3"x5" card with your name, physical address, World Golf Tour user name, email address, and date of birth, to: World Golf Tour, Inc., Jerry Lewis MDA Open Contest Credits Request, 160 Sansome Street, 5th Floor, San Francisco, CA 94104 (each a "Mail-In Request"). Your World Golf Tour account will be credited with a pre-determined number of World Golf Tour credits required to play the Game (as designated by World Golf Tour, in its sole discretion) within two (2) business days of Sponsor's receipt of a Mail-In Request, which will enable an entrant to apply the credits issued by World Golf Tour, register for the Contest, play the Game, and record your score (also collectively, an "Entry" or "Alternative Entry").
No other methods of entry will be accepted. All Online Entries must be received by 11:59:59 pm PT on October 31, 2008. Mail-in Requests must be postmarked during the Contest Period and received by Sponsor no later than November 7, 2008. Alternative Entries must be completed no later than (i) 11:59:59 pm PT on October 31, 2008 or (ii) within five calendar days from the date on which World Golf Tour posts the requisite amount of World Golf Tour credits to entrant's World Golf Tour account, whichever occurs later. Entries become the property of Sponsor and will not be returned. Each Mail-in Request must be mailed separately and, if in any envelope, each must be mailed in a separate outer envelope. Limit: One Entry per person and per email address.
Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, lost, late, misdirected, illegible, mutilated, postage-due, garbled or delayed entries or other communications or other technical problems related to Entries. Sponsor, in its sole discretion, reserves the right to disqualify any entrant who (i) tampers with the Entry process or the operation of the Site or the Game, (ii) otherwise violates these Official Rules or (iii) provides false or incorrect information in connection with such entrant's Entry. In the event of a dispute over who submitted an Entry, the authorized subscriber of the e-mail account designated in the entrant's World Golf Tour user account will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
The Contest is void where prohibited, restricted or taxed by law. All federal, state, and local laws and regulations apply.
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Game Description.
The Game is a 9-hole stroke play contest and requires that entrants play 9 holes of golf on the specified course with the object of hitting the golf ball into the cup for each hole. Upon completion of all 9 designated holes for the Game, the total number of strokes used by the entrant to get the ball from the tee into the cup for each hole on the golf course, plus any penalties, will be recorded as the entrant's final score (each, a "Final Score"). Entrants may play the Game only one time during the Contest Period and the Final Score received by entrant in such Game will be recorded in the Entry. Subject to the terms and conditions set forth herein, the three entrants with the lowest Final Scores will be potential Winners.
In the event of a tie, the winning entrant between or among the tied entrants will be the entrant with the lowest combined score for the final six (6) holes of the Game (i.e., 4th, 5th, 6th, 7th, 8th, and 9th holes). If any ties remain, the winning entrant between or among the remaining tied entrants will be the entrant with the lowest combined score for the final three (3) holes for the Game (i.e., 7th, 8th, and 9th holes). If any ties remain, the winning entrant between or among the remaining tied entrants will be the entrant with the lowest score for the 9th hole in the Game, and any remaining ties will be determined by identifying the lowest scoring entrant for each individual game hole, in sequence from 8th through to 1st, as is necessary to determine the Winners. If any ties remain thereafter, then the Winner shall be the entrant who entered a valid score in a qualifying Game first during the Contest Period, which is determined by the time the entrant's completed valid score was recorded by Sponsor.
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Prizes.
There are three (3) prizes ("Prizes") to be awarded as follows:
Grand Prize: One (1) grand prize winner (the "Grand Prize Winner") will receive a trip for two (2) people (Grand Prize Winner and a guest ("Guest")) to Charleston, South Carolina, comprised of round-trip air transportation (up to a maximum of $1,000.00 for two (2) coach-class tickets), hotel accommodations for five (5) nights / four (4) days at the Kiawah Island Golf Resort for the Grand Prize Winner and Guest (one double occupancy room) and three (3) 18-hole rounds of golf at the Kiawah Island Golf Resort in Charleston, South Carolina during Grand Prize trip (collectively, the "Grand Prize"). Total approximate retail value (ARV) is: $5,076.00. ARV subject to change based on current market conditions at time of Grand Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be rewarded. All travel must be completed by November 1, 2009, or Prize will be forfeited in its entirety.
2nd Place Prize: One (1) second place winner ("2nd Place Prize Winner") will receive a trip for two (2) people (2nd Place Prize Winner and a Guest) to Tucson, Arizona, comprised of round-trip air transportation (up to a maximum of $1,000.00 for two (2) coach-class tickets), hotel accommodations for two (2) nights / one (1) day at the Westin Paloma Resort and Spa for the 2nd Place Prize Winner and Guest (one double occupancy room) and one (1) 18 hole round of golf at the Westin La Paloma Golf Course in Tucson, Arizona during 2nd Place Prize trip (collectively, the " 2nd Place Prize"). Total ARV: $1900.00. ARV subject to change based on current market conditions at time of 2nd Place Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be rewarded. All travel must be completed by September 20, 2009, or Prize will be forfeited in its entirety.
3rd Place Prize: One (1) 3rd place winner ("3rd Place Prize Winner", and together with Grand Prize Winner and 2nd Place Prize Winner, each a "Winner") will receive a set of twelve (12) "TaylorMade" brand golf clubs (including one each: Rossa Monza Spider Putter; r7 TP Irons 3, 4, 5, 6, 7, 8, 9, PW; Tour Burner TP Driver; r7 CGB Max 3 Wood; and r7 CGB Max 5 Wood) and an accompanying golf bag (collectively, the "3rd Place Prize"). Total ARV: $2,500.00. ARV subject to change based on current market conditions at time of Grand Prize fulfillment. Any difference between the ARV and the actual value, if any, will not be rewarded. Golf club size, model, and any other related details shall be determined in Sponsor's sole discretion and subject to availability, including color and style of golf bag.
Grand Prize Winner and 2nd Place Prize Winner and their Guests must travel on the same itinerary. Guest traveling with the Grand Prize Winner and/or the 2nd Prize Winner must be 18 years of age or older. If Guest is 18 or over as required, but not the age of majority in the state or jurisdiction of Guest's residence, Guest must be accompanied during travel by at least one parent or legal guardian aged 21 years of age or older. Travel, accommodations, and golf course related restrictions, conditions and limitations may apply and may include, without limitation, seasonal restrictions, scheduling restrictions, and time-based restrictions (e.g., expiration dates). Travel arrangements are subject to availability. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, golf courses or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage. All accommodations are subject to change in Sponsor's discretion.
Arrangements for fulfillment of the Grand Prize and 2nd Place Prize including air transportation arrangements, but excluding all other travel arrangements, will be made by or on behalf of Sponsor. Travel and accommodations are subject to availability and certain restrictions, so Sponsor cannot guarantee availability on the exact dates requested by Winners. Grand Prize Winner and 2nd Place Prize Winner must notify Sponsor (or its designated agent) of requested dates of travel at least thirty (30) days prior to requested travel departure date. Any extra nights' stay and any additional costs associated with an extended stay are the sole responsibility of the Grand Prize Winner and/or 2nd Place Prize Winner and respective Guest. Additional restrictions may apply. Hotel and airfare cannot be used separately. Golf rounds in Grand Prize and 2nd Place Prize must be played during Prize trip.
All costs and expenses not specifically listed above, including but not limited to ground transportation, meals, snacks, beverages, mini-bar, entertainment, tips, souvenirs, personal expenses, damages to hotel rooms, any equipment to be used in connection with the Grand Prize and 2nd Place Prize, telephone calls, facsimile charges, Internet charges, spa/beauty salon services, laundry, tours/excursions, gift shop purchases, hotel processing fees, airline service charges, and any other expenses not mentioned in these Official Rules are the solely the responsibility of the Grand Prize Winner and/or 2nd Place Prize Winner and respective Guest.
Grand Prize Winner and 2nd Place Prize Winners and respective Guest must possess valid travel documents in order to travel and are responsible for their own travel insurance arrangements. If for any reason any portion of the Contest is delayed, cancelled or postponed, Sponsor reserves the right, but is not obligated, to cancel or modify the Contest and these Official Rules in its discretion and shall award substitute Prizes of approximately equal or greater value. The value of the Prizes will be taxable to Winners as income. Each Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of each Winner for the actual value of the Prizes received. Upon entry into the Contest, Winners and all entrants are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes are solely each Winner's responsibility.
No substitution, transfer or cash equivalent of Prizes or any portion thereof permitted, except by Sponsor, in which case a Prize of approximately equal or greater value may be awarded.
Odds of winning any Prize depend on the number of eligible entrants and their relative skill in the Contest.
All prizes claimed in accordance with the Official Rules will be awarded. Winners may be required to provide a U.S. shipping address to claim prize.
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Winner Selection and Notification.
Winners will be determined and announced on or about November 21, 2008. The judging will be conducted by Sponsor or its designee, the judge of the Contest, whose decisions are final and binding. Winners will be notified on or about November 21, 2008 by an email sent to the email address specified in the Entry and/or in entrant's World Golf Tour user account. If Winners cannot be contacted at this email, are contacted and do not respond as directed within seven (7) days of attempted notification, refuse the Prize(s) or are ineligible to accept the Prize(s), the Prize(s) may be forfeited and awarded to an alternate Winner(s). Winners will be required to complete and sign an Affidavit of Eligibility and, except where prohibited, Liability Release and a Publicity Release in the form provided by Sponsor, within seven (7) days of attempted notification in order to claim the Prize. Winners may be required to show proof of identification within seven (7) days of attempted notification, or the Prizes may be forfeited and awarded to an alternate Winner. Any Guest will also be required to sign a Liability/Publicity Release fourteen (14) days prior to travel or Guest will not be able to accompany Winners during travel.
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General Terms.
By entering the Contest, entrant accepts and agrees to abide by and be bound by the terms of these Official Rules, and assumes sole liability and accept all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in this Contest or the acceptance, possession, shipping and handling, loss, use or misuse of, or travel to or from or in connection with the Contest or any Prize awarded. Sponsor has the right to cancel, terminate or modify this Contest and these Official Rules if it cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Sponsor's control and to select Winners from eligible Entries received on or before the expiration date of the Contest Period. Sponsor is not responsible for any failure to contact entrants, whether due to technical or human error.
By entering the Contest, entrant agrees (i) that Sponsor has the right to exploit and utilize entrant's first and/or last name, city and state of residence, photo(s), voice and/or likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for Sponsor, this Contest or other promotions by Sponsor in Sponsor's discretion without any further attribution, notification or compensation to entrant, except where prohibited, (ii) to be bound by these Official Rules and the decisions of the judges, and (iii) to be contacted by Sponsor or its agents by telephone, mail or email regarding this Contest.
By entering the Contest, entrant agrees to indemnify and hold harmless Sponsor and its agents, and their respective employees, officers, directors, successors, assigns, and any suppliers, licensors, marketing/promotional partners or other affiliated parties (the "Sponsor Indemnitees") from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) resulting or arising from or related to the Contest or the acceptance, possession, use, or misuse of or travel to of from or in connection with any prize or prize related activity, and to release all rights to bring any claim, action or proceeding against the Sponsor Indemnitees, and hereby acknowledges that the Sponsor Indemnitees 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 the Prizes.
Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees and entrant hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
In the event that any provision of these Official Rules shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Official Rules unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Information collected from entrants is subject to Sponsor's Privacy Policy available at http://www.worldgolftour.com.
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Applicable Law.
The Contest is governed by the laws of the state of California applicable to contracts entered into by California residents and to be performed within such State without regard to its conflict of law provisions, with venue in San Francisco County, California.
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Winners list.
A list of Winners can be viewed on the "Recent Winners" webpage at www.worldgolftour.com, and is also available by sending a stamped, self-addressed envelope marked to "Jerry Lewis MDA Open Skill Contest Winners" 160 Sansome Street, 5th Floor, San Francisco, CA 94104. Requests must be received by November 30, 2008.
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Sponsor.
This Contest is sponsored by World Golf Tour, Inc., 160 Sansome Street, 5th Floor, San Francisco, CA 94104.