Volvik DS-77 HOLE-IN-ONE CONTEST
Official Contest Rules
WHILE PRIZES LAST. NO PURCHASE NECESSARY TO ENTER. PURCHASES WILL NOT INCREASE CHANCES OF WINNING. THIS CONTEST IS SUBJECT TO FEDERAL, STATE, AND LOCAL LAWS AND IS VOID OUTSIDE THE UNITED STATES OF AMERICA AND WHEREVER PROHIBITED.
1. SPONSOR. This Contest is sponsored by Volvik USA Inc. (“Sponsor”).
2. PRIZES. Up to, but not exceeding Fifty (50) prizes (“Prizes”) of Five Hundred United States Dollars ($500.00) each will be awarded during the Contest Period, one to each eligible Winner.
3. ELIGIBILITY. The Contest is open only to legal residents of the United States of America and the District of Columbia except Rhode Island and New York who are eighteen (18) years of age or older at the beginning of the Contest Period. Employees of the Sponsor and any family members residing in their household are not eligible to participate or win. In order to be eligible, all participants (“Entrants”) must first register as described in Section 5 below. Anyone claiming to have made a hole-in-one with a Volvik DS-77 golf ball without having first submitted an Entry Registration will not be eligible.
4. CONTEST PERIOD. The Contest begins at 12:00 AM, September 15, 2014 and expires the earlier of (i) at 11:59 PM June 30, 2015; or (ii) such time as all 50 Prizes have been claimed as set forth in Section 7 (the “Contest Period”). All Entry Registrations and Prize Claims (as defined below) must be received before the end of the Contest Period in order to be eligible. The Sponsor’s computer (or that of its designee) is the official time keeping device. For purposes of these Official Contest Rules, all times are Eastern Standard Time.
5. HOW TO REGISTER. Log onto www.volvik.com/hole-in-one (the “Contest Website”) and follow the instructions to submit a completed online Contest registration form (“Entry Registration”), including by providing all information requested. Only one (1) Entry Registration per person will be eligible and only one (1) name may be listed on an Entry Registration. Multiple or false Entry Registrations will disqualify Entrants. Sponsor is not responsible for lost, late, incomplete or undelivered Entry Registration information.
6. WARRANTIES AND CONSENTS. By completing and submitting an Entry Registration, Entrant agrees to be bound by the Official Contest Rules and represents and warrants that he or she is eligible to participate in the Contest, and that all of the information in Entrant’s Entry Registration is accurate and does not violate any third party’s rights or the law. Entrant also consents to being contacted by email, mail or telephone as described herein.
7. HOW TO WIN. In order to be eligible for a Prize (a “Winner”), an Entrant must do all of the following in the following order: (i) Submit a complete Entry Registration; (ii) hit a hole-in-one (i.e. hit the golf ball directly into the hole from the tee with one stroke, with no mulligans/repeat strokes from the same tee) on any par three hole of a Regulation Golf Course (as defined below) during a standard round of at least nine (9) holes and from a distance of at least 95 yards using a Volvik DS-77 golf ball; (iii) take or have taken a photo of Entrant holding the Volvik DS-77 golf ball on or near the course where the hole-in-one was made (the “Hole-in-One Photo”); (iv) log back onto the Contest Website and follow the instructions to submit a written claim for a Prize (“Prize Claim”), which will include a requirement that Entrant upload the Hole-in-One Photo and evidence that Entrant played golf at the course where Entrant claimed to have made the hole-in-one that day. Such evidence must be an entrance fee receipt, written confirmation from the head golf professional of the applicable golf course. Also required will be the name and telephone number of a witness willing to attest that Entrant made the Hole-in-One or played at such golf course. Incomplete Prize Claims will not be eligible. FOR PURPOSES OF CLARIFICATION, ALTHOUGH ENTRANTS ARE REQUIRED TO USE A VOLVIK DS-77 GOLF BALL TO MAKE THE HOLE-IN-ONE, THEY ARE NOT REQUIRED TO PURCHASE OR OWN IT AND ARE STILL ELIGIBLE IF THEY BORROWED IT FROM A THIRD PARTY.
8. REGULATION GOLF COURSE. A “Regulation Golf Course” is any nine-hole or 18-hole golf course that includes a variety of par three, par four and par five holes, and is of traditional length and par; a nine-hole facility must be at least 2,600 yards in length and at least par 33, and an 18-hole facility at least 5,200 yards in length and at least par 66.
9. PHOTO REQUIREMENTS. Hole-in-One Photos and Hole-in-One Videos (as defined below) must not include other individuals or any material that is indecent, obscene, hateful, tortuous, defamatory, designed to harass, harm or discriminate, invades the privacy or publicity rights of any person, living or deceased, endorses illegal drugs, tobacco or firearms or is otherwise unlawful or inconsistent with the positive images and goodwill of Sponsor or that implies an association between Sponsor and any other individual or entity or their products or services.
10. HOLE-IN-ONE VIDEO. Entrants are also encouraged to videotape their efforts to make the hole-in-one, and to upload to the Contest Website any video of the Entrant successfully making such hole-in-one (the “Hole in One Video”). However, uploading a Hole-in-One Video will not affect eligibility under Section 7 above.
11. ODDS; MAXIMUM PRIZE NUMBER. The odds of becoming a Winner depend on the skill level of the Entrants, the difficulty of the course, and the number of Prize Claims already been made at the time that Entrants submit their Prize Claim. THE MAXIMUM NUMBER OF PRIZES TO BE AWARDED IS 50. HOWEVER, SPONSOR IS UNDER NO OBLIGATION TO AWARD ANY MORE PRIZES THAN THE ACTUAL NUMBER OF ELIGIBLE HOLES-IN-ONE MADE WITH COMPLETE, VALID PRIZE CLAIMS SUBMITTED.
12. AFFIDAVIT OF ELIGIBILITY. As a condition to being awarded a prize, each Winner may be required to show a valid driver’s license or other form of identification and execute an Affidavit of Eligibility, in a form provided by Sponsor, that Winner made the claimed hole-in-one with the Volvik DS-77 ball during the Contest Period and is otherwise eligible based on the requirements in these Official Contest Rules.
13. AWARDING OF PRIZES. Only one (1) Prize per person. Prizes will be sent by check to the named individual at his or her address as provided in the Winner’s Entry Registration within four to six weeks after submission by Winner of a completed Prize Claim with all required materials and confirmation of Winner’s eligibility. Prizes are nontransferable, nonassignable, nonnegotiable (except as may be permitted by the applicable check-cashing bank), and not redeemable for credit without Sponsor’s consent in its sole discretion. Prizes are awarded “AS IS.” No substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize of equal or greater value in its sole discretion. Prizes will be awarded only upon successful verification that all Contest requirements have been met, including, eligibility, age and other claims of/information provided by a potential Winner. Sponsor shall be under no obligation to issue new Prize checks for original checks that are lost or not cashed by Winners.
14. TAXES. The value of the Prizes will be taxable to Winners as income. All federal, state and local taxes are solely the Winner's responsibility.
15. PUBLICITY; USE OF SUBMITTED MATERIALS. Except where prohibited by law, participation in the Contest constitutes Winners’ consent to, and grant of a perpetual, non-exclusive, fully paid, royalty-free license to Sponsor and its designees, successors and assigns to use, crop, modify, reproduce, display, distribute and make derivative works of all or part of the information submitted by Winner in his or her Entry Registration as well as the Hole-in-One Photo and any Hole-in-One Video, for Sponsor’s promotional purposes in any manner or media now existing or hereafter coming into existence (including, without limitation, online and through social networking platforms), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent. Moreover, Entrants consent to the use by Sponsor and its agents of Entrants’ Entry Registration information to send them information about Sponsor’s products, services or upcoming events or promotions that might be of interest to Entrants. Entrants waive any claims they may have for invasion of privacy or rights of publicity, copyright infringement, or otherwise, in connection with such use.
16. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) 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 Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Contest; (4) technical or human error which may occur in the administration of the Contest; (5) damage to property caused directly or indirectly, in whole or in part, from an Entrant’s participation in the Contest.
17. DISPUTES. All issues concerning the construction, validity, interpretation and enforceability of these Official Contest Rules, or the rights and obligations of the Entrants, the Winners and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any other jurisdiction Entrants, and each Winner agree that any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize shall be resolved individually, without resort to any form of class action, and exclusively by the federal and state courts located in Orange County, Florida, and Entrants hereby consent to such exclusive jurisdiction and venue.
18. Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL AN ENTRANT OR A WINNER BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT AND WINNER HEREBY WAIVES ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES ARIZING OUT OF OR RELATED TO THE CONTEST OR THE RIGHTS GRANTED UNDER SECTION 12. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to ENTRANT.
19. DECISIONS; TERMINATION; MODIFICATION. All decisions by Sponsor regarding this Contest are final. Sponsor may, within its sole discretion, cancel, terminate, modify, or suspend the Contest for any reason.
20. GENERAL CONDITIONS. Any individual found to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Contest Rules or in an unsportsmanlike or disruptive manner, at Sponsor’s sole discretion, may be disqualified. Sponsor’s failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that provision.
21. WINNERS’ LIST. For a list of the final Winners’ names (available after the Contest ends) and/or a copy of these Official Contest Rules, send a hand-printed, self-addressed, stamped envelope to Sponsor at: Volvik USA Inc., Attn: Jonathan Claffey, 4301 Vineland Rd. Ste. E3, Orlando FL 32811-7371 within thirty (30) days after the Contest ends. Any other questions regarding this Contest can also be sent to Sponsor at the foregoing address.