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GOLFNOW Golfer Survey – Golf Balls for a Year Sweepstakes

Official Rules

June 26, 2019 — July 17, 2019

PRELIMINARY INFORMATION:  NO PURCHASE NECESSARY. Void where prohibited. The GOLFNOW Golfer Survey – Golf Balls for a year Sweepstakes (“Sweepstakes”) will begin on June 26, 2019 at 5:00 AM ET and end on July 17, 2019 at 11:59 PM ET (“Sweepstakes Period”).  All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received.  Sweepstakes is subject to all applicable federal, state, provincial and local laws. ELIGIBILITY: Sweepstakes open only to: (i) permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) and (ii) permanent legal Canadian residents residing in Canada (excluding the Canadian Province of Quebec), and who are eighteen (18) years of age or older and of the age of majority in their state or province of residence as of the start of the Sweepstakes Period.  Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes.  Sweepstakes Entities, as referenced herein, shall include TGC, LLC d/b/a Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, click the survey link in the GOLFNOW email announcing the Sweepstakes, and follow the provided instructions to complete the GOLFNOW consumer survey (“Survey”) and thereafter submit your entry (“Entry”). To enter, you must complete the Survey and provide your email address at the end of the Survey. Survey answers will not affect chances of winning. If you choose to submit your Entry via your web-enabled mobile device, data rates may apply.  See your wireless service provider for details on rates and capabilities.  All Entries become the property of Sponsors and will not be acknowledged or returned. Canadian entrants are advised that personal information provided as part of the Survey will be stored on servers located in the United States. Limit one (1) Entry per person during the Sweepstakes Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified.  Entries must be received before July 17, 2019 at 11:59 PM ET to be eligible for the Sweepstakes.  Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. WINNER SELECTION AND NOTIFICATION: On or about July 26, 2019, thirty (30) potential winners (“Winners”, each a “Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winners at the email addresses submitted at the time of entry. Sponsors may share potential Winners’ name and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. If any potential Winner is a Canadian resident, before being declared an actual Winner, the selected entrant must correctly answer, unaided, a mathematical skill-testing question to be administered as part of the potential Winner’s Sweepstakes Documents, which must be signed and returned, along with any other documents and/or information required by Sponsors (as applicable), within the above-stated time period. Noncompliance within this time period may result in disqualification. If potential Winner(s) cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (as defined below) or prize notification is returned as undeliverable, potential Winner(s) will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner(s) may be selected from the remaining eligible Entries. Limit one (1) Prize per family or household.   PRIZE:  There will be thirty (30) prizes (“Prizes”, each a “Prize”) awarded to Winners; one (1) Prize will be awarded to each Winner. Each Prize consists of the following: one (1) dozen TP5X golf balls. Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. Estimated Retail Value (“ERV”) of each Prize is forty-four dollars and ninety-nine cents (US $44.99). ERV of all Prizes is one thousand three hundred forty-nine dollars and seventy cents (US $1,349.70). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.  All prize values are stated in United States dollars. All details of Prizes will be determined by Sponsors in their sole discretion.  Sponsors reserve the right to substitute any Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of Winners. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. CONDITIONS: : By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties 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 Prize, including express warranties provided exclusively by prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.golfchannel.com, www.golfpass.com, and/or Sponsors’ affiliated websites or social media pages (collectively, the “Websites”), and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.   ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules.  Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules.  Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules).  In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension.  Notice of such cancellation, modification, or suspension will be posted on all or some of the Websites.  Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).  Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.   DISPUTESThe Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York (HOWEVER, THE LAWS OF CANADA SHALL APPLY VIS-À-VIS ANY ENTRANT WHO IS RESIDENT IN CANADA AS WILL THE LAWS OF ANY CANADIAN PROVINCE OR CANADIAN MUNICIPALITY THAT APPLY TO ANY RESPECTIVE CANADIAN ENTRANT AND NOTWITHSTANDING ANYTHING CONTAINED IN THIS PARAGRAPH WHERE A CANADIAN ENTRANT IS INVOLVED THE COURTS OF THE PROVINCE OF ONTARIO SHALL HAVE EXCLUSIVE JURISDICTION IN RELATION TO ANY MATTER RELATING TO SUCH PERSON). If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”).  The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york.  All proceedings brought pursuant to this paragraph will be conducted in the County of new york.  THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. WINNER ANNOUNCEMENT: For the name of the Winner, available after August 9, 2019, send a self-addressed, stamped envelope to be received by September 20, 2019 to: GOLFNOW Golfer Survey – Win Golf balls for a Year Sweepstakes, TGC, LLC d/b/a Golf Channel, 7580 Golf Channel Drive, Orlando, FL 32819.