‘Topo at Topgolf’ Social Media Photo Contest
NO PURCHASE NECESSARY
‘Topo at Topgolf’ Social Media Photo Contest(“Contest”) is subject to these Official Rules. By entering, all participants agree to be bound by these Official Rules and the decisions of Sponsor (as defined in Section 2) whichare final and binding in all matters related to the Contest. Certain restrictions may apply.
1. Eligibility:Contest is open only to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Proof of residency and age may be required.Employees, officers, directors, members and representatives (at any time on or after February 1, 2016) of Sponsor and each of its parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of each of the above and persons living in the same households of each of the above are ineligible to participate or win in this Contest. Subject to all applicable federal, state and local laws and regulations. Contest is void (i) outside the 50 United States (and the District of Columbia), and (ii) wherever prohibited or restricted by law.
2. Sponsor: The sponsor of theContest is Top Golf USA Inc., 8750 N. Central Expressway, Suite 1200, Dallas, Texas 75231; and Interex Corp., 3200 Northern Cross Blvd, Fort Worth, TX 76137(“Sponsor”).
3. Timing: Contestentry period begins onOctober 4, 2016 at 12:00:01 a.m.Central Time (“CT”) and ends on October29, 2016 at noonCT (“Entry Period”). Sponsor’s computer is the official time-keeping device for the Contest.
4.How to Enter. No purchase necessary to enter or win: There are two (2) ways to enter the Contest: (i) via social media post (Twitter or Instagram)entry; and (ii) via mail-in entry.
Social Media Post Entry. To enter via social media, tag your picture of your Topo Chico bottle while at Topgolf with the hashtag #TopoAtTopgolf. Contestants can post their picture and hashtag to Twitter or Instagram. All social media postentriesmust be received by Sponsor during the Entry Period and no later than October 29, 2016 at noonCT.
Mail-In Entry. To enter via mail-in, send your printed picture, name, address and contact info in a self-addressed stamped envelope to: Interex Corp., Topo At Topgolf Contest, 3200 Northern Cross Blvd, Fort Worth, TX 76137. All mail-in entries must be received by October 29, 2016.
Limits.Limit one (1) Contestpost per person regardless of method of entry. All entries in excess of the limits described herein are ineligible and will be disqualified.
General. All entries become the property of Sponsor and, unless otherwise indicated herein, will not be acknowledged or returned. Entries which are late, lost, stolen, mutilated, invalid,damaged, unreadable, tampered with, illegible, unintelligible, incomplete, misdirected, generated by a script, macro or other automated/repetitive electronic means, mechanically reproduced, inaccurate, forged, irregular in any way or otherwise not in compliance with these Official Rules will be disqualified.All requested information must be completed in English to be eligible.Each entry must be submitted separately.
5. Winner Selection and Notification:On or about October31, 2016, there will be one (1) Grand Prize winner randomly selected from among all eligible entries. Grand Prize winner will be randomly selected by representatives of Sponsor. The odds of winning the Grand Prize depend upon the total number of eligible entries. Each selected potential winner will be notified via social media promptly after selection. Sponsor is not obligated to leave a voice, recorded, or other message. Each selected potential winner will be required to respond as directed to the notification within one (1) business day of the date notification was sent/attempted by Sponsor. Each selected potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
Sponsor may require Grand Prize winner to sign and return to Sponsor, within three (3) days of the date notice or attempted notice is sent, an Affidavit of Eligibility and Liability & Publicity Release (“Affidavit”). If applicable, this document will be sent out to potential Grand Prize winner by email (or other means) with instructions as to how to return them to Sponsor. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of any alternate winner(s).
In Sponsor’s sole discretion, a selected potential Grand Prize winner may be disqualified (and may forfeit his/her prize), and an alternate winner may be randomly selected in accordance with these Official Rules from among the remaining eligible entries if such selected potential winner (i) is unreachable or does not timely respond to any communication from Sponsor (or its designee) (or if a winner notification is returned as undeliverable), (ii) declines or cannot accept, receive or use a prize for any reason, (iii) fails to sign and return the Affidavit (if required) within the required time period, and/or (iv) does not comply with these Official Rules. The above also applies to Runner-Up Prize winners except that no alternate winner for a given Runner-Up Prize will be selected in the event that Runner-Up Prize winner is disqualified. Forfeited prizes may not be awarded.In the event that aselected potential Grand Prize winner is disqualified and/or is unable to satisfy the requirements herein, Sponsor will use reasonable efforts to award the Grand Prize to an alternate winner (if necessary and time permitting) who successfully meets the requirements to receive a prize, but reserves the right to not award the prize after multiple efforts to identify an alternate winner (if any) who accepts the prize.
Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winners, is final and binding in all matters related to the Contest. Each selected potential winner may, in Sponsor’s sole discretion, be required to show a valid state issued driver’s license, government-issued identification or other identification (subject to Sponsor’s approval) as evidence of identity.
6. Prizes:One (1) Grand Prize, One (1) Second Prize and One (1) Third Prize are offered in this Contest. The one (1)Grand Prize winner will receiveaGrand Prize which consists of a one-year supply of Topo Chico product (15 cases of 12 fl oz bottles, 24 bottles per case) and a Topgolf gift card with a USD $150.00 value that can be used at Topgolf venues. The Second Prize winner will receive Half a year supply of Topo Chico product (8 cases of 12 fl oz bottles, 24 bottles per case)and a Topgolf gift card with a USD $100.00 value that can be used at Topgolf venues.The Third Prize winner will receive three month supply of Topo Chico product (4 cases of 12 fl oz bottles, 24 bottles per case)and a Topgolf gift card with a USD $100.00 value that can be used at Topgolf venues Total ARV of all offered prizes: USD $991.52. Winners will receive their prizes via email and/or other means as determined by Sponsor.
Unless otherwise indicated herein, all expenses and travel costs including, but not limited to, all transportation, meals, incidental, surcharges, service charges or facility charges, or taxes, are the responsibility of each winner. For example, each prize excludes transportation to/from a Topgolf facility. All elements of each prize are subject to availability, blackout days (which may include holidays, weekends and/or special events) and certain other restrictions. Grand Prize is valid for food, beverages, game play/credit (including online purchases for game play/credit) and applicable taxes; Grand Prize is not valid for gratuity. (For example, Grand Prize could be used for two (2) hours of game play/credit, one (1) appetizer, two (2) entrées and one (1) dessert.) Any unused portion of a prize after its expiration date will become void, and will no longer be redeemable. If applicable, each prize is also subject to terms and conditions set forth on applicable gift card, voucher or certificate. Each prize is non-transferable and no substitutionswill be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater retail value if the designated prizeshould become unavailable for any reason. The values of the prizes set forth above represent Sponsor’s good faith determination of the ARVs thereof, and the actual fair market value of each prize will be determined in Sponsor’s sole discretion, and will be final and binding and cannot be appealed.Actual value of prize may vary based on time of stay and other factors. Winner is responsible for reporting and payment of all taxes and fees associated with prize receipt and/or use.PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
7. Release and Limitation of Liability:BY ENTERING THIS CONTEST, EACH PARTICIPANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSORAND EACH OF ITS PARENT COMPANIES,SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND SHAREHOLDERS, ADVERTISING AND PROMOTION AGENCIES, CONSULTANTS,AND ANY OTHER COMPANIES PARTICIPATING IN THE PROMOTION, ADMINISTRATION OR FULFILLMENT OF THIS CONTEST (COLLECTIVELY THE “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO OR ARISING OUT OF THIS CONTEST(INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE CONTEST) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY OF THE PRIZES AWARDED INCLUDING, BUT NOT LIMITED, TO PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY.
Releasees shall not be liable to any winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.
Releasees are not responsible for and shall not be liable for: (i) 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; (ii) technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit or interfere with a participant’s ability to take part in the Contest; (iii) unauthorized human intervention in any part of the entry process of the Contest; (iv) technical or human error which may occur in the administration of the Contest or the processing of entries; (v) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, undeliverable, damaged or stolen entries or notices (including winner notifications, if applicable); (vi) data corruption, theft, destruction, unauthorized access to or alternation of entry or other materials; (vii) any printing, typographical, human, administrative or technical errors or omissions in any material associated with the Contest; and/or (viii) any injury, loss, costs, expenses or damages to persons or property (including, but not limited to, damage to any computer system or mobile device related to participation in, accessing or downloading information related to the Contest) which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or any Contest related activity.
If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest unless it is not possible to award another entry due to discontinuance or completion of the Contest.
8.Publicity:Except where prohibited by law, by accepting a prize, each winner agrees and acknowledges that Sponsor and its designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Contest or any other promotion, contest or contest sponsored by the Sponsor.
9.General Conditions:Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should an error, virus, bug, computer problem or other cause or issue corrupt, restrict, prevent or inhibit the administration, security or proper operation of the Contest and, in such situation, to select the winners from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion.Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, Sponsor determines entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives.No more than the stated number of prizes will be awarded. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR PLATFORM, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10.Disputes:Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards against one or more of the Releasees shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees (or other professionals’ fees); and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim and/or seek indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any all rights to have damages multiplied or otherwise increased.
Each entrant must be the rightful owner or have authorized use of the email account or mobile telephone account associated with the entrant’s submitted email address and/or mobile telephone number (if provided). If a dispute arises about who submitted an entry, the entry will be deemed submitted by the authorized account holder of the email account or mobile telephone account provided, as applicable. The “authorized account holder” is deemed the natural person who is (i) assigned to an email address by an Internet access provider, service provider, or other online organization that is responsible for assigning email addresses for the domain associated with the submitted email address; or (ii) assigned to a mobile telephone number by a wireless carrier or other entity responsible for assigning that mobile telephone number. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder associated with a winning entry and that all eligibility requirements are met.
11. Governing Law:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. By entering (or participating in any Contest-related activity), entrants (and others) agree that all proceedings shall exclusively take place in the United States District Court for the Northern District of Texas or Texas State Court located in Dallas, Texas.
13. Official Rules: For a copy of these rules, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: Interex Corp.,Topo At Topgolf Contest, 3200 Northern Cross Blvd, Fort Worth, TX 76137. All requests for the Official Rules must be received byNovember 4, 2016.
14. Winner List: For the name of the Grand Prize winner, send a self-addressed stamped envelope to: Interex Corp., Topo At Topgolf Contest, 3200 Northern Cross Blvd, Fort Worth, TX 76137. All winner list requests must be received byNovember 4, 2016.