VICTORY CLUB/TOPGOLF LIVE STADIUM TOUR AT FENWAY PARK SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Sponsor and Administrator (“Sponsor”): United States Golf Association (“USGA”), 77 Liberty Corner Rd, Liberty Corner, New Jersey 07938
Eligibility: The U.S. OPEN® Victory Club-Topgolf Live Stadium Tour at Fenway Park Sweepstakes ("Sweepstakes") is open to legal residents of the (50) United States and the District of Columbia who are eighteen (18) years of age or older as of date of entry. Employees, contractors, directors, officers, and agents of the United States Golf Association, its parent, affiliates, subsidiaries, distributors, sales representatives, and advertising, promotion and judging agencies, Topgolf, Major League Baseball, Boston Red Sox, Fenway Park and all other service agencies involved with the Sweepstakes, (collectively, "Released Parties") and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where the reside) and household of each such employee (whether or not related) are not eligible to enter or win.
This Sweepstakes is subject to all applicable federal, state and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sweepstakes Period: Sweepstakes begins 12:00:01 am Eastern Standard Time ("EST") on WEDNESDAY, OCTOBER 13, 2021, and ends 11:59:59 pm EDT on WEDNESDAY, OCTOBER 27, 2021 (hereafter, "Sweepstakes Period.”)
How to Enter: During the Sweepstakes Period, complete a “Entry Form” by following the link provided on www.usopen.com. Incomplete Entry Forms will not be eligible for entry into the Sweepstakes.
By fully completing an Entry Form, you are automatically entered into the Sweepstakes for the duration of the Sweepstakes Period (“Entry”). Incomplete Entry Forms will be void. No photocopied, computer generated facsimiles, mechanically reproduced, or mass entries permitted, and all such entries will be void. Each Entry must be manually key stroked and manually entered by the individual entrant. The use of script, macro, bot, Sweepstakes service or automated devices (or any other devices intended to automate or subvert any aspect of entry) to enter the Sweepstakes is prohibited and any entry through such means and any entry that is deemed to be ineligible (at Sponsor's sole discretion and in accordance with these Official Rules) will be void. All entries become the exclusive property of the Sponsor and will not be acknowledged or returned. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion 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.
Sweepstakes Entry Assignment of Rights: Entrants warrant and represent that (1) Sponsor shall own the Entry (and all material and rights embodied therein) and that such Entry will not be acknowledged or returned; and (2) that by entering, the Entrant irrevocably assigns to Sponsor and its designees any and all rights, title and interest in the Entry including but not limited to all intellectual property rights; and (3) that Sponsor and its designees shall have, without limitation, the perpetual right worldwide to edit, adapt, modify, publish, exploit and use the Entry in any way and in any and all media now known or hereinafter discovered or devised, world-wide for trade, advertising, promotional, public relations and/or other purposes as Sponsor and/or its designees may determine without further permission from, or notification or consideration to entrants or any third parties.
Entrants further agree to abide by these Official Rules and the decisions of the Sponsor which shall be final and binding. By submitting an Entry, Entrant acknowledges that his/her Entry may be posted across any or all of Sponsor’s digital and social assets, at Sponsor’s discretion.
Odds of winning will depend on the total number of eligible entries received for the applicable drawing.
Prize Details: One (1) prize winner will be randomly selected at a drawing to be held by the Sponsor on or about October 28, 2021. The prize winner will receive six (6) tickets to the Topgolf Live Stadium Tour at Fenway Park (Retail value of each ticket is $225.00, for a Total Retail Value of $1,350.00). Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a 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 winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Travel to and from the Topgolf Live Stadium Tour at Fenway Park is not included in the prize and is the responsibility of the prize winner and each guest of the prize winner.
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: (1) 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 (2) 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 AND IN SECTION 7(B)-(D), SO SUCH LANGUAGE MAY NOT APPLY TO EVERY ENTRANT.
Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by US law and are subject to all applicable federal, state and local laws and regulations. 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 Jersey, 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 in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New Jersey, in Somerset County.
Winner’s List: For a list of winners, mail a self-addressed, stamped envelope to: USGA c/o U.S. OPEN® Victory Club-Topgolf Live Stadium Tour at Fenway Park Sweepstakes, USGA, 77 Liberty Corner Road, Liberty Corner, NJ 07938. Requests must be received by December 31, 2021.