2017 United States Golf Association® - U.S. Open Trophy Tour Sweepstakes Powered by Lexus
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The 2017 U.S. Open Trophy Tour Sweepstakes (the “Sweepstakes”) is intended for viewing and participation by legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age or older, who enter on-site at an OPEN FOR ALL™ Trophy Tour Event (an “Event”). SWEEPSTAKES SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS SWEEPSTAKES IF YOU ARE NOT A LEGAL U.S. RESIDENT. SWEEPSTAKES BEGINS APRIL 26, 2017 at 9:00 am AND ENDS JUNE 11, 2017 at 9:30 pm. (the “Sweepstakes Period”).
1. ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age or older, and in attendance at an Event. Sponsor reserves the right to verify eligible residency, as determined in Sponsor’s sole discretion. Employees, contractors, directors, officers, and agents of the United States Golf Association (“USGA®” or “Sponsor”), and of its parents, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such individual (whether or not related) are not eligible to enter or win. This Sweepstakes is void where prohibited. Participation constitutes entrants’ full and unconditional agreement with these Official Rules, Sponsor’s and judge’s decisions, which are final and binding in all matters related to the Promotion. Winning the prize is contingent upon fulfilling all requirements set forth herein.
2. HOW TO ENTER: 1) While in attendance at any of the Events, during the Sweepstakes Entry Period, visit the U.S. Open Trophy Tour; 2) Use the device provided by the Event staff, touch the screen to begin, take your photo and review; 3) Enter your name and email address and check the box to be entered into the Sweepstakes (“Entry”). Limit one Entry per person, per email address, per Event. Any attempt by an entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and/or logins, or any other methods will void that entrant’s Entry and that entrant may be disqualified. Entries by any person or email address in excess of the stated limitation will be void. Use of any other automated system to participate is prohibited and will result in disqualification. Sponsor’s time clock shall be the official clock of the Sweepstakes. Sponsor must receive all Entries during the Sweepstakes Period. Sweepstakes Entries subject to verification and compliance with these Official Rules.
3. RANDOM DRAWING: On or about June 12, 2017, one potential Grand Prize potential winner will be selected via random drawing from among all eligible Entries submitted. The random drawing will be conducted by an independent judging organization whose decisions are final on all matters relating to this Sweepstakes drawing. Potential prize winner must meet all eligibility requirements and comply with these Official Rules to qualify for a prize.
4. ODDS: Odds of winning depend upon the number of eligible Entries.
5. PRIZE: One (1) Grand Prize: Consists of two (2) tickets to the 2017 U.S. Open Championship® final round held at Erin Hills, 7169 County Road O, Hartford, WI 53027 and two (2) tickets to the Lexus hospitality suite. Approximate retail value of the Grand Prize is $770. Prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize they receive, regardless of whether it, in whole or in part, is used. Guest of winner who is a minor must be accompanied by parent or legal guardian at all times. Guest (and parent or legal guardian of guest who is a minor) may be required to sign and return release prior to accompanying winner. Sponsor will not be responsible for weather, acts of God, acts of terrorism, civil disturbances, strike, work stoppage, or any other natural disaster outside its control that may cause the cancellation or postponement of the prize or the U.S. Open® and the terms and conditions of the tickets will govern in such event.
6. CLAIMING PRIZE: On or about June 12, 2017, the Sponsor will attempt to notify potential winner via email address provided at the time of Entry. An Affidavit of Eligibility, Waiver of Liability and Publicity Release that must be completed and returned within three (3) days after receipt of such form, in accordance with Sponsor’s instructions. Winner agrees to accurately complete Form W-9 and promptly return to Sponsor upon request. If required by law, an IRS 1099-MISC Form will be prepared in the winner’s name and submitted to the IRS for the value of the winner’s prize. Sponsor will cause a copy of any submitted 1099-MISC Form to be sent to the winner’s last known address. In the event of noncompliance, or if the potential Prize winner cannot be contacted via the methods described above, does not respond to Sponsor communications, if the potential prize winner does not complete and return required documents, or if Sponsor communications are returned as unclaimed or undeliverable, prize will be forfeited and an alternate winner will be selected in a random drawing from among all eligible Entries submitted. In the event of printing or other error that leads to more prize claims than there are prizes provided for in these Official Rules, prize will be awarded in a random drawing from among all eligible prize claims received. In no event will Sponsor award more prizes than are listed in these Official Rules. Properly claimed prize will be awarded, provided a sufficient number of eligible Entries are received, but in no event will Sponsor award more prizes than are provided for herein. Acceptance of the prize also constitutes permission, where lawful, to use winner name, biographical information, voice and/or likeness for Sponsor’s promotional and/or advertising purposes without notice or compensation.
7. RELEASE: As a condition of entering, entrants agree (and agree to confirm in writing): (a) to release Sponsor, Momentum-NA, Inc., USGA, Erin Hills, their respective affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Promotion Parties”), from any and all liability, loss or damage incurred with respect to Sponsor’s conduct of, or entrant’s participation in the Sweepstakes, or the awarding, receipt, possession, and/or use or misuse of any prize, or any travel related thereto; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs.
8. PUBLICITY: Except where prohibited by law, winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
9. GENERAL CONDITIONS: Sponsor is not responsible for lost, late, stolen, misdirected, undelivered, incorrect, or inaccurate Entries or Entry information whether caused by any technical or human error that may occur in the processing of the Entries. 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 the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be 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 that provision.
10. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location 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 New York 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. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. 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. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (a) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND (b) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY SET FORTH ABOVE, SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
11. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York. If the arbitration provision set forth above is not enforceable for any reason, entrants agree by entering the Sweepstakes that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or prize awarded, will be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
13. Winner’s Name: For the name of the winner, mail a self-addressed, stamped envelope to: U.S. Open Trophy Tour Sweepstakes Winner’s Name Request, Attn: Compliance, 1831 Chestnut St, 7th Floor, St. Louis, MO 63103. Winner’s Name will be available when the Events are over and properly claimed prize has been awarded. Requests for Winner’s Name must be received by June 30, 2017.