GOLFZING Fantasy Golf 2014 Promotion
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Overview. The GOLFZING Fantasy Golf 2014 Promotion (“Promotion”) is conducted in tandem with the 2014 PGA Tour (the “Tour”) and GOLFZING Fantasy Golf 2014. The Promotion consists of forty two (42) weekly contests (each, a “Weekly Tournament”) (ii) four (4) quarterly contests (each, a “Quarterly Contest”); and (iii) one (1) annual Tour contest (“Annual Contest”) . Note that there may be some weeks where there are not any Weekly Tournaments. For a list of the scheduled Weekly Tournaments and timing for choosing players, see section 6 below. By entering, participants agree to be bound by these Official Rules, the terms of the Golfzing website located at www.golfzing.com (“Site”) and the decisions of Sponsor, which shall be final and binding in all respects. No purchase is necessary to enter or win. Void where prohibited. Promotion is subject to all applicable federal, state and local laws and regulations.
2. Eligibility. The Promotion is open to legal U.S. residents of the 50 United States and D.C., who, at the time of entry are at least 13 years of age, who are Golfzing registered members and who have signed up to participate in GOLFZING Fantasy Golf 2014. Individuals under the age of majority in the jurisdiction in which they live (typically 18) must have their parent’s permission in order to participate in the Promotion.
3. Timing. The Promotion begins at 12:00:01 a.m. Pacific Time (“PT”) on January 1, 2014 and ends on November 17, 2014 at 11:59:59 p.m. PT (“Promotion Period”).
4. How to Enter. To enter the Promotion, you must have a GOLFZING account, which is free. If you do not have an account, go to www.golfzing.com and follow the steps to create an account. You will be asked to provide your name, email address, gender, zip code and security question. You will also be asked for some additional optional information which is not required to enter the Promotion. Once you have created an account, click on the Golfzing “Fantasy Golf” tab and click on the current Weekly Tournament to sign up. You will then be able to choose your players as well as a) select the winning overall score for the Weekly Tournament winner and b) select the lowest individual score posted in any round by a player. This information will be used in case of a tie breaker. See Section 9 below for more information on tiebreakers. All entries will be deemed to have been submitted by the authorized account holder of the email address associated with the Golfzing account. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet service 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. Potential winner may be requested to provide proof that s/he is the authorized account holder of the email address associated with the winning entry.
5. Ranking Calculation. Rankings for the Weekly Tournaments are calculated following the finish of each Weekly Tournament based on the cumulative money earnings of the 7 players selected for each Weekly Tournament.
6. Weekly Tournament Schedule. To see the Weekly Tournament schedule and entry times, click here: http://www.golfzing.com/fantasy_golf.php All Weekly Tournaments and entry times are subject to change.
a. Weekly Tournament Prizes. For each Weekly Tournament that is not a Majors Tournament (as defined below), there will be three prizes awarded, a first, second and third place prize (each a “Weekly Tournament Prize”). The winners of the Weekly Tournament Prizes are the three (3) Promotion participants with the highest rank at the end of that Weekly Tournament. Thirtynine first place, second place and third place Weekly Tournament Prizes will be awarded (one hundred and twenty (117) total Weekly Tournament Prizes).
i. First place Weekly Tournament Prize winners will receive forty thousand (40,000) Golfzing Points (Approximate retail value (“ARV”): $200).
ii. Second place Weekly Tournament Prize winners will receive twenty thousand (20,000) Golfzing Points (ARV: $100).
iii. Third place Weekly Tournament Prize winners will receive ten thousand (10,000) Golfzing Points (ARV: $50).
b. Majors Tournament Prizes. For each Weekly Tournament that is also a Tour Major (i.e., Masters, U.S. Open, British Open or PGA Championship) (each, a “Majors Tournament”), there will be three prizes awarded, a first, second and third place prize (each, a “Majors Tournament Prize”). The winners of the weekly Majors Tournament Prizes are the three (3) Promotion participants with the highest rank at the end of that Majors Tournament. Four (4) first place, second place and third place Majors Tournament Prizes will be awarded (twelve (12) total Majors Tournament Prizes).
i. First place Majors Tournament Prize winners will receive (i) a Driver or equivalent and (ii) forty thousand (40,000) Golfzing Points (ARV: $450).
ii. Second place Majors Tournament Prize winners will receive twenty thousand (20,000) Golfzing Points (ARV: $100).
iii. Third place Majors Tournament Prize winners will receive ten thousand (10,000) Golfzing Points (ARV: $50).
c. Quarterly Contest Prizes. At the end of each quarter (January-March, April-June, July-September and October-December), there will be three prizes awarded, a first second and third place prize (each, a “Quarterly Prize”). The winners of the Quarterly Prizes are the three (3) Promotion participants with the highest cumulative dollar winnings from all of the Weekly Tournaments (including Majors Tournaments (if any)) during the previous quarter. Four (4) first, second and third place Quarterly Prizes will be awarded (twelve (12) total Quarterly Prizes).
i. First place Quarterly Prize winners will receive a four hundred dollar ($400) gift card (ARV: $400).
ii. Second place Quarterly Prize winnesr will receive a two hundred dollar ($200) gift card (ARV: $200).
iii. Third place Quarterly Prize winners will receive a one hundred dollar ($100) gift card (ARV: $100).
d. Annual Contest Prize. At the end of the Promotion Period, one (1) overall Tour prize consisting of a two thousand dollars ($2,000) trip (the “Annual Prize”) will be awarded to the Promotion participant with the highest cumulative dollar winnings from all of the Weekly Tournaments (including Majors Tournaments) during the Promotion Period (ARV: $2,000). The prize will be delivered via travel voucher with a travel agent arranging the details of the trip and verifying the usage of the certificate. The winner will be announced immediately following the end of the 2014 Fantasy Golf Season on November 16, 2014.
Prize Terms and Conditions. Golfzing Points can be used towards tee times booked through the Website at participating Golfzing golf courses. Additional terms and conditions and blackout dates for use of Golfzing Points may apply. Tee times are based on availability. Gift card prizes are subject to additional terms and conditions.
Unless explicitly stated, winners are solely responsible for all other costs and expenses associated with the prizes. Any difference between the ARV stated above and the actual costs of the prize will not be awarded. Winners are solely responsible for reporting and paying any taxes on their prize. Winner of the Annual Prize and any winner with cumulative prize winnings over $600 will receive an IRS form 1099 at the end of the calendar year in which the prize was awarded. No cash equivalent or substitute of any prize is offered, except at the sole discretion of the Sponsor. No transfer or assignment of any prize is permitted. If a prize, or any portion thereof cannot be awarded for any reason, Sponsor reserves the right to substitute such prize for another prize of equal or greater value, as determined by Sponsor in its sole discretion. PRIZES ARE AWARDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.
8. Winners Notification and Verification. Potential winners will be notified by Sponsor directly through their Golfzing member account inbox (or email). Prizes that include Golfzing Points, will be delivered to the winner’s Golfzing account upon verification of the winner. Quarterly and Annual prize winners will be contacted by phone or email to verify shipping information and prize delivery. Potential winners (or their parent/legal guardian if an eligible minor) may be required to sign an affidavit of eligibility, liability release, and except where prohibited by law, a publicity release (collectively, the “Releases”). If requested, the potential winners (or their parent/legal guardian if an eligible minor) will be required to execute and return the Releases to Sponsor within ten (10) business days of notification. Failure to execute the Releases in the designated time period may result in disqualification and forfeiture of the prize. In the event a potential winner is disqualified, is ineligible or is found to have violated these Official Rules, declines his/her prize, or whose prize or whose prize notification is returned as undeliverable, Sponsor may in its sole discretion, select the participant with the next highest ranking as the alternate potential winner of that prize.
9. Tiebreakers. In the event of a tie between any Promotion participants for a prize, the first tiebreaker will be based off of the participant with the exact or closest predicted winning score of the Weekly Tournament, without going over. For example, if the winning score was -10 and one participant picked -9 and another picked -11, the participant who picked -9 would win as they did not pick a score that exceeded the actual winning total. The second tie breaker (if required) will be based off of the participant that picked the exact or closest lowest individual score posted by a player in the Weekly Tournament, without going under. For example, if the lowest score in the Weekly Tournament was a 60 and one person picked 59 and one person picked 61, the person who picked 61 would win. If multiple participants tie for purse earnings and also for the tiebreakers, multiple prizes will be given out to cover any ranked within the top 3. If a tie occurs for a Quarterly or Annual prize then the winners of the prize will evenly split the value of the prize and secondary prize where applied.
10. Participant Grant of Rights. By entering the Promotion, participants (or their parent/legal guardian if an eligible minor) grant Sponsor and its golf courses, parent companies, divisions, affiliates, subsidiaries, franchisees, fulfillment, advertising, publications, promotional, and marketing agencies, legal counsel, website providers, webmasters, and its and their related companies and anyone involved in the development, production, distribution of materials for, and coordination of this Promotion (collectively, the “Promotion Entities”) a worldwide, perpetual, unlimited, irrevocable, royalty-free right and license to use their name (first and/or last), city and state of residence, score, ranking, photo, image, voice, and likeness, in connection with the Promotion in any manner and in any media and content whether now existing or later invented without any restrictions, including without limitation, in future trade, publicity and/or advertising for such Promotion Entities products and/or services, unless prohibited by law.
11. General Terms. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, Sponsor reserves the right, at its sole discretion, to cancel, modify or terminate the Promotion or any portion thereof. If the Tour or any Weekly Tournament is delayed, postponed, terminated, interrupted, extended, or shortened for any reason, all or a portion of the Promotion may be postponed, extended, shortened, or terminated at the sole discretion of Sponsor. In the event of early termination of the Promotion for any reason, a notice will be posted on the Website and Sponsor has the right to award prizes from all non-suspect entries received prior to the event requiring such termination. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION, INCLUDING BUT NOT LIMITED TO ANY FRAUDULENT CLAIMS, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS – AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to make changes or additions to these Official Rules and/or change the dates of the Promotion at any time.
12. Limitations of Liability/Release of Liability. Sponsor and other Promotion Entities are not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Promotion, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; (e) any inability to upload or download any information in connection with participation in the Promotion; (f) inaccessibility of the Website, in whole or in part for any reason, or traffic congestions on the Internet; (ii) lost, late, delayed, corrupted or intercepted e-mail or transmissions; (iii) unauthorized human or non-human intervention of the operation of the Promotion, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (iv) destruction of any aspect of the Promotion, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Promotion, including but not limited to, undeliverable contact attempts that result from any form of active or passive e-mail filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s account to receive e-mail; (v) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website; and (vi) any personal injury, or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Promotion, use of the Website, or the download of any information from the Website.
Participants (or their parent/legal guardian if an eligible minor) hereby waive, release and discharge Sponsor and Promotion Entities from and against any claims, damages or liability, even if caused by the negligence or willful misconduct of Sponsor or Promotion Entities, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in the Promotion or in any Promotion-related activity or from acceptance, possession, use or misuse of any prize.
14. Disputes. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of California or the appropriate California State Court located in California; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion or participating in the Promotion, but in no event attorneys’ fees; (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of laws rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Participants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
15. Winner's Name or Official Rules: For the name of the winner and/or a copy of the Official Rules, send a self-addressed, stamped envelope to: GOLFZING Fantasy Golf 2013 Official Rules and/or Winner, 6080 Center Dr Suite 500, Los Angeles, California 90045.
16. Sponsor. American Golf Corporation,6080 Center Dr, Suite 500, Los Angeles,California 90045.