PRELIMINARY INFORMATION:
No purchase necessary. Void where prohibited. The Adams Golf Idea a7OS Hybrid Irons contest ("Contest") will begin on August 25, 2009 at 8:00 PM CST and end on September 28, 2009 at 11:59 PM CST ("Contest Period"). All times in the Contest refer to Central Time ("CST"). Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY:
Open only to people who are eighteen (18) years of age or older. Officers, directors, and employees of Adams Golf, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same household as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Adams Golf (as defined below) and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
TO ENTER:
To enter the Contest, log on to www.adamsgolfcontest.com (the "Website") during the Contest Period, click on the “Enter Now” button, and follow the provided instructions to complete and thereafter submit your entry, which includes your name, address, email address, and date of birth (the "Entry Information"). As part of entering, you will also be given the option to: (A) upload a photo (the "Photo") of yourself and submit an essay of (300) three hundred words or less written in the English language (the "Essay") on the following theme: "Why Should I Win A New Set of Clubs" (the "Photo Entry"); OR (B) upload a video of yourself (the "Video") discussing the theme: "Why Should I Win A New Set of Clubs" (the "Video Entry"). You may submit the Photo Entry or the Video Entry (collectively, the "Entry") according to the instructions provided on the Website. Your discussion of the theme in your Essay or Video should focus on issues specific to your golf skills including, for example, the amount of golf that you play, what types of scores you post after a round of golf, what kind of problems you may have with your golf game, how long you’ve been playing the sport, etc. NOTE: DO NOT DISCUSS THE MAKE AND MODEL OF YOUR CURRENT SET OF GOLF CLUBS, OR MAKE DISPARAGING REMARKS ABOUT THE SPECIFIC BRAND OF GOLF CLUBS YOU HAVE OR YOUR ENTRY MAY BE DISQUALIFIED.
The Photo must be in JPEG format and the Video must be in one of the following electronic formats: MPEG (.mpg), QuickTime (.mov), AVI (.avi), Windows Media (.wmv), and Real Media (.rm). The Video must be no larger than one hundred (100) MB in size and no longer than ninety (90) seconds in length. If the Video exceedsninety (90) seconds in length, only the first ninety (90) seconds will be judged. The Video, the Photo and the Essay (collectively, the "Submissions") cannot have been created professionally and must be original, truthful, unpublished, created solely by the submitting entrant, and must not have been submitted in any other competition. You must have the permission of any other person appearing in your Video or Photo and such person must meet all of the eligibility requirements outlined above. All Entries become the property of Adams Golf and will not be acknowledged or returned.
You must submit a Photo and Essay OR a Video as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Adams Golf the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, edit, adapt, modify, and otherwise exploit the Submissions (and all elements thereof) and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Adams Golf and that the reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. The Video must not include any music, singing, photos, film or other images or intellectual property (including references to the make and model of your current golf clubs) that are not originally taken or created by you. If any Submission contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submission does not comply with these Official Rules or meet Adams Golf’s standards for any reason, as determined by Adams Golf in its sole discretion, such Submission (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Entrant also warrants that he/she has obtained written permission when photographing or videotaping on private property not owned or controlled by entrant, where such permission is required. Upon request, you must provide Adams Golf with signed releases from the owners of any private property where you photographed or videotaped. Adams Golf shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received during the Contest Period to be eligible for the Contest. Adams Golf’s computer shall be the official timekeeper for all matters related to this Contest. You may enter only once per day during the Contest Period. Multiple Entries received from any person or email address beyond the Contest Period will void all such additional Entries. With respect to these Official Rules, a day shall commence at 12:00AM and end on the following day at 11:59PM. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNING ENTRIES:
Winning is subject to verification of eligibility. Potential Winners will be notified by email and/or phone. PotentialWinners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, "Contest Documents"). Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Adams Golf’s discretion, and time permitting, an alternate potential Winner may be selected from among all eligible remaining Entries based on the total number of votes. Adams Golf reserve the right to pick no potential Winner or to extend the Contest Period, if, in its sole discretion, Adams Golf does not receive a sufficient number of eligible and qualified Entries.
PRIZE:
There will be fifty (50) sets of the Idea a7OS Hybrid Irons awarded to fifty (50) winners ("Winners"), throughout the Contest Period. There will be fifty (50) individual Idea a7OS Hybrids awarded to fifty (50) winners (“Winners”), throughout the Contest Period. .
Estimated Retail Value ("ERV") of the Idea a7OS Hybrid Iron Set is seven-hundred ninety-nine dollars ($799) and the Idea a7OS Hybrid is one-hundred ninety-nine dollars ($199).
Prizes cannot be transferred by Winner or redeemed for cash and are valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Adams Golf, as determined by Adams Golf in its sole discretion, it will be forfeited, and time permitting, Prize may be awarded to a runner-up entrant at Adams Golf’s sole discretion.
CONDITIONS:
By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Adams Golf, Inc. and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize (except with regard to any warranties provided by Adams Golf for which Adams Golf shall be solely responsible and liable); (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of Adams Golf, which are final and binding.Failure to comply with these conditions may result in disqualification from the Contest at Adams Golf’s sole discretion.
ADDITIONAL TERMS:
Adams Golf reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Adams Golf, which may seek damages to the fullest extent permitted by law. The failure of Adams Golf to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Adams Golf (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer (or any other property) relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Adams Golf reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Adams Golf reserves the right to select a Winner from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria. Notice of such cancellation, modification, or suspension will be posted on the Website. Adams Golf may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Adams Golf, or Adams Golf’s agents or representatives; or behaves in any other disruptive manner (as determined by Adams Golf in its sole discretion).
DISPUTES:
The Contest is governed by, and will be construed in accordance with, the laws of the State of Texas, and the forum and venue for any dispute shall be in Plano, Texas. If the controversy or claim is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in Texas. All proceedings brought pursuant to this paragraph will be conducted in the County of Collin. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
