“2023 U.S. Open Trophy Tour Sweepstakes”
To enter and participate in this Sweepstakes, you must agree to and abide by these Official Rules.
No Purchase Necessary To Enter Or Win. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. You must have Internet access and an active e-mail account to participate.
1. Eligibility: The “2023 U.S. Open Trophy Tour Sweepstakes” (the “Sweepstakes”) is open only to legal residents of the 50 United States and Washington D.C., who are at least eighteen (18) years of age (and the age of majority in his/her/their jurisdiction of residence, whichever is older (each, an “Entrant”). Employees of the United States Golf Association (“USGA” or "Sponsor"), Lexus, a division of Toyota Motor Sales, U.S.A., Inc. ("Lexus"), any organizations sponsoring, fulfilling, administering and advertising the Sweepstakes or supplying the prizes, and each of their respective parent, subsidiary, related and affiliated companies, (collectively, the “Promotion Entities”), and the immediate family and household members of all such foregoing individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winner may be required to provide proof of eligibility prior to prize award. Void where prohibited or restricted by law.
2. Promotion Period: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on April 1, 2023 and ends at 11:59 p.m. ET on May 31, 2023 (“Promotion Period”). USGA’s computer is the official clock for the Sweepstakes.
3. Two (2) ways to Enter, as follows (“Entry”):
- Via the Website: Visit https://www.usopen.com/trophy-tour.html (“Website”) and follow the instructions to complete the Entry form and click the “Submit” button to receive your Entry into the Sweepstakes. Proof of inputting information on the Website is not considered proof of delivery to or receipt by Sponsor or Administrator. Receipt of Entry may be acknowledged but such acknowledgment does not constitute a representation by Sponsor or Administrator as to eligibility of Entry and is not otherwise binding upon Sponsor or Administrator.
- At a U.S. Open Trophy Tour presented by Lexus event (“Event”): Visit one of the Events where this Sweepstakes is being offered during the Promotion Period and during the activation hours at the Event and register on the device provided as directed by the tour representative (‘Representative”). You must comply with the directions of the Representative in order receive your Entry into the Sweepstakes.
BY SUBMITTING AN ENTRY, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO THESE OFFICIAL RULES. DO NOT SUBMIT AN ENTRY WITHOUT FIRST REVIEWING THESE OFFICIAL RULES.
Limit one (1) Entry per person during the Promotion Period regardless of method of Entry or the number of email addresses or accounts a person may have. Multiple Entries in excess of this limitation or mass Entry attempts may result in disqualification of all Entries by such person or e-mail address and may constitute tampering. Entries must be manually key stroked by the Entrant; use of automated Entry devices or programs, or entries by third parties, are prohibited. Incomplete Entries will be disqualified.
If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, epidemic/pandemic, acts of terrorism, or other matters beyond Sponsor's control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who tampers with the Entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor reserves the right to conduct the Sweepstakes and award the Grand Prize, as defined below, in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor in its sole discretion. Notice of termination/modification/suspension of Sweepstakes will be posted at the Website. Without limitation of any other term herein, Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, technical failures of any kind (including but not limited to electronic malfunction or damage of any network, hardware or software), any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, Entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic Entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes.
Entrants further agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
4. Random Drawing and Odds: The potential Grand Prize winner will be selected in a random drawing on or about June 1, 2023 (“Drawing”) from all eligible Entries received and recorded by the USGA for the Promotion Period, and one (1) Grand Prize, as defined below, will be awarded to one (1) Entrant (“Winner”). The Drawing will be conducted by the Administrator (defined below), an independent judging agency whose decisions are final and binding on all matters related to the Sweepstakes.
Odds of winning are dependent upon the total number of eligible Entries received/recorded during the Promotion Period.
5. Winner Notification: The potential Winner will be notified by e-mail/phone and will be required to complete a Declaration of Eligibility/Release of Liability/Publicity Release (where legal) (collectively, “Winner Documents”) within two (2) days of notification attempt or prize will be forfeited and an alternate will be selected, time permitting. If Winner Documents are returned as non-deliverable, or if the potential winning Entrant fails to return the completed Winner Documents within the required period or Winner does not comply with these Official Rules, an alternate potential winning Entrant will be selected and contacted (in accordance with these Official Rules), time permitting. Guest must be 18 years of age or older at time of travel or the Winner must be the parent or legal guardian of the Guest. Guest (or Winner as the parent or legal guardian of a minor Guest) will be required to execute a Release of Liability and Publicity Release and return it via email to the Administrator prior to travel. The Winner and his/her/their Guest must possess valid travel documents (i.e., valid government issued photo ID) in order to travel. The potential winning Entrant is subject to verification by Sponsor, whose decisions as to the administration and operation of the Sweepstakes and the selection and confirmation of the potential Winner is final and binding in all matters related to the Sweepstakes. Acceptance of the prize constitutes permission for the Sponsor and its agencies to use the winning Entrant’s name and/or likeness for purposes of advertising and trade in any and all media now known or otherwise developed without further compensation or review, including a Winner list, unless prohibited by law.
In the event of any dispute concerning the identity of any Entrant, the Entry will be deemed submitted by the natural person who is the authorized holder of the transmitting email account. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
6. Prize and Approximate Retail Value (“ARV”): One (1) Grand Prize: A 4-day/3-night getaway for Winner and one (1) Guest, as described herein, to attend the U.S. Open Championship in Los Angeles, California, from June 16-19, 2023 (“Championship”). Getaway includes a $750 travel stipend for the Winner awarded in the form of a check/e-check, three (3) nights’ accommodations at a Sponsor-selected hotel (based on one room/double occupancy), and two (2) U.S. Open Championship tickets per day (for Saturday and Sunday). Guest must comply with the terms of these Official Rules for the entirety of the Grand Prize redemption (“Guest”).
Winner is solely responsible for any and all unspecified expenses incurred in conjunction with Grand Prize acceptance and use, including but not limited to travel to and from the Championship, transportation, taxes, tips, entertainment, meals, transfers, are the Winner’s sole responsibility. Winner will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals, and any other expenses charged to the Winner’s hotel room will be charged to that major valid credit card. Sponsor is not responsible for any fees or additional charges resulting from the Winner’s or Guest’s change to itinerary or accommodations. Accommodations are subject to availability. No refunds or credit for changes are allowed.
Grand Prize must be used on dates specified. If Winner chooses to accept Grand Prize without a Guest, the Grand Prize will otherwise be awarded in increment appropriate for actual number of Guests (i.e., Winner only); and, in such event, no substitute prize or additional compensation will be awarded to Winner. Winner and Guest may need to follow any COVID-19 protocols, including passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated against COVID-19 prior to participation in Grand Prize-related travel and/or Entry into any Grand Prize-related event. Winner and his/her/their Guest irrevocably waive all claims against the Released Parties (defined in Section 7 below) and agree that the Promotion Entities will have no liability or responsibility and shall be held harmless by Entrant/Guest for any claim arising in connection with a potentially heightened risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof, and sickness arising as a result of Winner and/or travel Guest participating in the Sweepstakes and related activities, wherever, whenever or however the same may occur. Winner and his/her/their Guest fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present including the prize; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition. In the event the Winner or his/her/their Guest engage in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the getaway early, in whole or in part, and send the Winner and/or Guest home with no further compensation to the Winner. No substitution or transfer of prize permitted except at the sole discretion of the Sponsor who reserves the right to substitute prize or select elements of the prize with items of equal or greater value in the event the prize or elements thereof are unavailable. Prize cannot be redeemed for cash. Prize is awarded “as is” with no warranty or guarantee, either express or implied. All prize details are at Sponsor’s sole discretion.
No substitution or transfer of Grand Prize (or portion thereof) except with Sponsor’s permission or where required by law. If, for any reason, any announced Grand Prize (or portion thereof) becomes unavailable, Sponsor in its sole discretion may award a substitute Grand Prize/Grand Prize component of equal or greater value (except as otherwise indicated herein). Grand Prize is not redeemable for cash.
Federal, state and local taxes as well as all costs and expenses associated with prize acceptance and use not specific herein as being provided are the sole responsibility of the Winner. Regarding taxes, the Winner will receive an IRS Form 1099 in the mail, to be processed for the year in which they received the prize reflecting the final actual value of the Grand Prize and they agree to provide Sponsor/Administrator with any and all requested information/materials so that they can comply with applicable governmental reporting requirements.
SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE GRAND PRIZE OR GRAND PRIZE COMPONENT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. Conditions and Limitations of Liability: By participating, each Entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects; and (b) to release, discharge and hold harmless each of the Promotion Entities, each of their respective advertising and promotion agencies and prize suppliers, each of the foregoing entities’ respective parent, subsidiary, related, affiliated and successor companies, and each of their respective officers, directors, agents, representatives and employees (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage, including, without limitation, death and bodily injury, arising in any manner, directly or indirectly, in whole or in part, from participation in this Sweepstakes or any Sweepstakes-related activity, and/or from Entrant’s acceptance, receipt, use or misuse of any prize or component thereof (including without limitation, any failure to pay taxes thereon). In the event Winner or their Guest engages in behavior that (as determined by Sponsor in Sponsor’s sole discretion) is inappropriate or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the getaway early, in whole or in part, and send the Winner and/or Guest home with no further compensation to the Winner. Winner and Guest must comply with such policies at all times or else may be required to leave, at Sponsor’s sole discretion. Sponsor will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage, pandemics or any natural disaster outside their control that may cause the cancellation of the getaway and ultimately these Official Rules will govern in any of these cases.
By accepting the Grand Prize, Winner grants Sponsor and its designees the permission to use his/her/their name, voice, likeness, photograph, prize information, biographical data and city and state of residence on the Winner list and for programming, publicity and promotional purposes, worldwide in all forms of media now known or hereafter developed, in perpetuity, without further compensation unless prohibited by law. Sponsor and their designees are not obligated to use any of the above-mentioned information or materials but may do so and may edit such information or materials, at Sponsor's sole discretion, without further obligation or compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All Entries become the property of Sponsor.
8. Disputes; Arbitration/Choice Of Law: Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or the awarding of the Grand Prize/determination of Winner, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, Entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to Entrant under applicable federal, state or local law remain available to Entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will Entrant be permitted to obtain awards for 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 and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the Entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the Entrant’s residence and the Entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between Entrant and Sponsor. Should an Entrant initiate arbitration pursuant to this section, the Entrant shall be responsible for JAMS’s fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If Entrant is a California resident and Sponsor is the prevailing party in such arbitration, such Entrant will not be responsible for Sponsor’s costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR’S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon Entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Promotion Entities, or any of the Released Parties, in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
9. Sponsor: United States Golf Association, 77 Liberty Corner Road, Liberty Corner, NJ 07938.
10. Administrator: Don Jagoda Associates, Inc., 100 Marcus Drive, Melville, New York 11747.
11.Winner List: For the name of the Winner, available beginning June 20, 2023, you may send an email to email@example.com with “2023 U.S. Open Trophy Tour Sweepstakes Winner” in the subject line. All such requests must be received by 9:00 a.m. ET on October 31, 2023.