SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE TERMS AND CONDITIONS (“RULES”) CONTAINED HEREIN CONSTITUTE AN AGREEMENT BETWEEN YOU AND THE SPONSOR (DEFINED BELOW). BY ENTERING THE SWEEPSTAKES (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO UNCONDITIONALLY ACCEPT AND ABIDE BY THESE RULES IN THEIR ENTIRETY.
AS MORE FULLY DETAILED BELOW, THESE RULES CONTAIN A MANDATORY BINDING ARBITRATION CLAUSE REQUIRING ARBITRATION OF ALL DISPUTES CONCERNING THE SWEEPSTAKES. THE RULES ALSO CONTAIN INDEMNITIES FROM YOU TO THE SPONSOR, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
A VALID INSTAGRAM ACCOUNT AND INTERNET ACCESS ARE REQUIRED TO PARTICIPATE.
THE SPONSOR
These sweepstakes (the “Sweepstakes”) are sponsored by LIV Golf, Inc., a Delaware corporation, with a mailing address at 222 Lakeview Avenue, West Palm Beach, Florida 33401 (the “Sponsor”).THE SWEEPSTAKES
The title of the Sweepstakes is the “4Aces Ultimate Weekend”.
Entrants (defined below) may enter for a chance to win the Prizes, as defined and described in Rule 6 below. There is a limit of one (1) entry per person for the Sweepstakes. See Rule 3 below for entry details.
HOW TO ENTER
The Sweepstakes will run from 09:00:00 EST on July 5, 2024 to 23:59:59 EST on August 9, 2024 (the “Entry Period”).
All Sweepstakes entries must be received by the Sponsor during the Entry Period. All entries received after the Entry Period are automatically disqualified. An eligible individual who attempts to enter the Sweepstakes is hereafter referred to as an “Entrant”.
To receive one (1) entry into the Sweepstakes, during the Entry Period, Entrant must follow the @4acesgc account on Instagram from Entrant’s personal Instagram account (if Entrant does not already), click on the pinned post for this Sweepstakes on the 4Aces GC Instagram account (@4acesgc / https://www.instagram.com/4acesgc/) and tag two friends in the comments to the Sweepstake post. Entrant’s Instagram account must be a public account and cannot be a shared, corporate or organizational account. Data charges may be incurred from Entrant’s wireless carrier for submitting your entry via a mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device.
To enter without following 4Aces GC on Instagram and tagging two friends in the comments to the Sweepstake post, during the Entry Period, send an email to team4acesgc@livgolf.com with “4Aces Ultimate Weekend” in the subject line and your full name and the name of your two guests in the body of the email. No other method of entry will be accepted including entries delivered by post or by hand. Each compliant and successfully emailed in written request equals one (1) entry into the Sweepstakes.
No purchase necessary to enter or win, and a purchase will not increase an Entrant’s chances of winning. An Entrant’s odds of winning depend on the total number of eligible entries received. Entrants are not required to opt-in to receive the Sponsor’s marketing emails to enter the Sweepstakes. An Entrant will be able to able to unsubscribe from receiving emails and other communications from the Sponsor and its affiliates, by following the instructions in the applicable LIV Golf Privacy Policy at https://www.livgolf.com/privacy-policy.
The Sponsor will not accept:
responsibility for Sweepstakes entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
proof of posting or transmission as proof of receipt of entry to the competition.
The winner will be drawn at random from all valid entries received during the Entry Period. Subject to verification of eligibility and compliance with these Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”).
ELIGIBILITY
The Sweepstakes is only open to all residents of the 50 United States and the District of Columbia excluding residents of the states of New York and Florida aged 21 years or over, except:
employees, directors and officers of the Sponsor or its holding or subsidiary companies;
employees, directors and officers of agents or suppliers of the Sponsor or its holding or subsidiary companies, who are professionally connected with the competition or its administration; and
members of the immediate families (including spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) or households of (a) and (b) above.
ENTRY CONDITIONS
In entering the Sweepstakes, Entrant confirms that Entrant is eligible to do so in conformance with these Rules and is eligible to claim the Prizes if Entrant is the Winner. The Sponsor may require Entrant to provide proof that Entrant is eligible to enter the Sweepstakes.
The Sponsor will not accept competition entries that are:
automatically generated by computer; or
completed by third parties or in bulk.
There is a limit of one (1) entry per person (whether via a single Instagram or email account) and additional entries will be void. Entries on behalf of another person will not be accepted and joint submissions are not allowed. The use of multiple Instagram or email accounts to enter above the stated limit is specifically prohibited and may result in disqualification at Sponsor’s sole discretion.
The Sponsor reserves all rights to disqualify an Entrant if the Entrant’s conduct is contrary to the spirit or intention of the Sweepstakes. Further, an Entrant may be disqualified (and their entry deemed void) if, in Sponsor or its representative’s sole discretion, their entry or any other publicly visible aspect of the Entrant’s or its Guests’ Instagram accounts (e.g., profile photo or information or prior Instagram post) disparages, reflects poorly upon or otherwise adversely affects the goodwill and business reputation of the Sponsor or contains any content that is obscene, hateful, offensive, or communicates any message inconsistent with the positive image with which Sponsor wishes to associate itself. Each Entrant must comply with the Instagram Terms of Service found at Instagram.com. If you do not agree to, or comply, with Instagram’s policies, do not enter, provide any information on that service or otherwise use that service as it relates to the Sweepstakes. If an entry is determined by Sponsor in its sole discretion to be in violation of any restrictions or requirements of these Rules or applicable social media platform policies or terms, the entry will be deemed ineligible, and Sponsor further reserves the right to take all actions that it deems necessary and appropriate to protect its rights. Sponsor makes the final determination as to what entries are eligible in the Sweepstakes. Sponsor is not responsible for issues that may affect the ability of Sponsor to locate a purported entry using a search to find eligible entries.
The Sweepstakes is subject to all applicable laws, rules, and regulations. The competition is void outside the eligible territory set out above and where prohibited or restricted by law, rule, or regulation.
THE PRIZE
The prize will consist of the following (together, the “Prizes”):
The Winner and each of their two guests either tagged by the Winner in the comments to enter the Sweepstake via Instagram or named in the body of their email to enter the Sweepstake via email (the “Guests”) will receive the following prizes:
economy class return flights to Dallas, arriving in Dallas on Wednesday September 18, 2024 and departing on Saturday September 21, 2024, airport and flying times to be advised by Sponsor (retail value capped at $1,000 per return flights and $3,000 in total);
hotel accommodation in a standard room for three nights with check-in on Wednesday September 18, 2024 and check out on Saturday September 21, 2024, hotel to be advised by Sponsor (approximate retail value $1,500 per room, $4,500 in total);
a playing spot in the LIV Golf Team Championship 2024 (“Event”) Pro-Am taking place on Thursday September 19, 2024 with the Winner and two guests forming one Pro-Am team who will compete with 4Aces player(s) advised by Sponsor, and inclusive of invites to the Welcome Party taking place on Wednesday September 18, 2024 (approximate retail value $10,000 per playing spot and $30,000 in total);
Birdie Shack tickets (inclusive of grounds passes, access to a hospitality area with live DJs and three beverages per person per day) to the Event on Friday September 20, 2024 and Saturday September 21, 2024 (approximate retail value $200 per ticket per day, $1,200 in total);
a meet and greet with all four 4Aces players for up to 15 minutes (exact timing and location to be advised by Sponsor) (approximate retail value $5,000); and
official 4Aces polo shirt and baseball cap (approximate retail value $250 per set, $750 in total); and
The Winner will receive a new Grindworks set of Irons 3-PW (approximate retail value $1,000).
Approximate total retail value of the Prizes: $45,450.
The Prizes are subject to availability. The Sponsor reserves the right to substitute the Prizes with Prizes of equal or greater value.
The Prizes are not negotiable or transferable or redeemable for cash. The Winner is strictly prohibited from selling the Prizes to any other person.
The Sponsor accepts no responsibility for any costs associated with any Prizes which are not specifically included in that Prize, including, without limitation, meals, personal expenses, insurance and travel expenses. Any additional costs (for example, transportation to the airport or luggage costs) shall be borne by the Winner.
Use of any ticket to the Event and the Pro-Am playing spots are subject to the standard terms, conditions, and health and safety policies applicable to the ticket and playing spot. The Winner agrees to comply with the foregoing and shall ensure that its Guests do so.
The Winner agrees to comply with the conditions of entry and all health and safety policies applicable at the venue at which the Pro-Am and Event is hosted, and shall ensure that its Guests do so. Winner and/or either of its Guests who are rude, abusive or deemed otherwise unsuitable by the Sponsor may be excluded from the competition or required to leave any venue.
The Winner is fully responsible for any and all applicable taxes (including income and withholding taxes) in respect of the Prizes and the Sweepstakes.
All Sweepstakes entries become the property of the Sponsor and will not be acknowledged.
WINNER
The Winner will be selected at a random drawing from all valid entries received during the Entry Period. The Winner will be subject to verification of eligibility and compliance with these Rules.
Each Participant agrees that the decision of the Sponsor is final, binding and conclusive in all matters related to the Sweepstakes.
The Sponsor will contact the potential Winner personally as soon as practicable after selection:
Instagram entry: via a private direct message to their Instagram account, and the Winner must respond to the private message from Sponsor within 48 hours or the Prizes will be forfeited. Potential Winners must continue to follow the @4acesgc Instagram account through prize awarding. It is the sole responsibility of each Entrant to ensure that their privacy settings allow for Sponsor to contact them via direct message. Sponsor reserves the right to disqualify, and not award the prize to, any person who does not comply with the foregoing.
Email entry: via the email address used to enter the Sweepstake, and the Winner must respond to the email from Sponsor within 48 hours or the Prizes will be forfeited.
To obtain the identity of the Winner, please email team4acesgc@livgolf.com within one (1) month after the end of the Entry Period. The list will be available when the Sweepstakes is officially over, and the Prizes have been verified and awarded.
By entering the Sweepstakes, Entrant grants to the Sponsor, LIV Golf Ltd and their respective affiliates and designees, in perpetuity the irrevocable right to use, reproduce, distribute, and display, Entrant’s name, portrait, picture, likeness, image or statements about the Sweepstakes, for any purpose whatsoever concerning the businesses, activities, events, advertisements, promotions or marketing of the Sponsor, LIV Golf Ltd and their respective affiliates, and parent and subsidiary companies, throughout the world, including, but without limitation, in connection with the Sweepstakes, and related advertising, marketing, promotion, merchandising, as well as in connection with any other media or technology (including, without limitation, Internet protocols, wireless or interactive platforms or interfaces) through which the Sponsor or its affiliates and designees may distribute content to end users, whether now existing or hereafter developed.
Winner acknowledges that both Guests must be over 21. Winner shall procure that Guests provide all information and documentation required for Sponsor to confirm each Guests’ age.
CLAIMING THE PRIZE
Sponsor will use all reasonable efforts to confirm the details of the Prizes to the Winner that has accepted the Prize in accordance with Rule 8.3 within 4 weeks of the Winner providing confirmation, acceptable to the Sponsor of the Winner’s and its Guests’ eligibility to win the Prizes.
The Prizes may not be claimed by a third party on your behalf.
The Sponsor will make reasonable efforts to contact the potential Winner via a private direct message to their Instagram account or by email to the email address used to enter the Sweepstake (as applicable). If the potential Winner cannot be contacted or is not available, refuses the Prize, is ineligible or its Guests are ineligible to receive the Prizes, has not claimed the Prizes within 48 hours of the attempted notification, the Sponsor reserves the right to award the Prizes to the next eligible Entrant selected from the correct entries that were received during the Entry Period. If necessary, the Sponsor will contact up to two (2) alternate winners in order to award the Prizes, time permitting, after which the Prizes will go unawarded.
The Sponsor is not responsible if a potential Winner is not able to accept or receive the Prizes.
The potential Winner may be required to submit its valid social security number and/or other documentation or identification to the Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Prize claim documents will be sent to the potential Winner via email and/or mail. The Prize claim documents for the potential Winner may also include a declaration of eligibility/release of liability/Prize acceptance and publicity release (where permitted by law), a guest release form and any other documentation reasonably requested by the Sponsor, all of which the potential Winner must complete and return within seven (7) days of the date the Prize claim documents are sent to the potential Winner.
Failure of Winner and/or Guests to meet the eligibility criteria of the Sweepstakes or submit any documentation and/or identification required may result in the potential Winner’s disqualification and forfeiture of the Prizes and, in such circumstances, the Sponsor reserves the right to offer the Prizes to the next eligible Entrant selected from the correct entries that were received during the Entry Period.
The Sponsor reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) in the event the Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond the Sponsor’s control. The Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines, in its sole discretion, that the Sweepstakes materials and/or Prize claim document is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors have destroyed or undermined the proper entry, integrity, and/or feasibility of the Sweepstakes.
DATA PROTECTION AND PUBLICITY
The Sponsor will process Entrant’s and Guests’ personal information as set out in the Sponsor’s Privacy Policy at https://www.livgolf.com/privacy-policy. By entering this Sweepstake, Entrant grants, and shall procure its Guests grant, the Sponsor and its designees permission to share Entrant’s and Guests’ email address and any other personally identifiable information with its affiliates and third party agencies for the purpose of selecting the Winner and facilitating the Prizes.
GENERAL
If there is any reason to believe that there has been a breach of these Rules, the Sponsor may, at its sole discretion, reserve the right to exclude an Entrant from participating in the Sweepstakes.
The Sponsor reserves the right to hold void, suspend, cancel, or amend the Sweepstakes where it becomes necessary to do so.
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, the Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. While the Sponsor may take action against fraudulent activities of which they become aware, the Sponsor assumes no responsibility or obligation to proactively police Entrants’ activities, or to investigate any or all claims of fraudulent activity. The Sponsor’s failure to enforce any provision of these Rules shall not constitute a waiver of that provision.
The Sponsor will not be required to correspond with Entrants.
DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Sponsor makes no warranties, and hereby disclaim any and all warranties, express or implied, concerning the Prizes in connection with the Sweepstakes. Without limiting the generality of the foregoing, the Prizes will be provided "as is" without warranty of any kind, either express or implied, and, to the fullest extent permitted by applicable law, the Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
RELEASE AND CONDITIONS OF PARTICIPATION
Important: By participating in the Sweepstakes, each Entrant hereby releases and agrees to hold the Sponsor, LIV Golf Ltd and each of their respective affiliates, Prize partners, developers, licensors, digital/advertising/promotion agencies, and all of their shareholders, officers, directors, agents, representatives and employees (the “Sweepstakes Entities”) harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of the Prize.
By submitting an entry, Entrant agrees that:
Under no circumstances will Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased, against any Sweepstakes Entity.
Entrant waives any right to claim ambiguity in these Rules.
Entrant acknowledges and agrees that the Sweepstakes Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:
Incomplete, lost, late, or misdirected entries, or for failure to receive entries due to any cause, including, without limitation, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with Entrant, with the Sweepstakes Entities or otherwise, that may limit Entrant’s ability to participate in the Sweepstakes;
Incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with the entry (and the Sweepstakes Entities assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking);
Any injury or damage resulting from participation in the Sweepstakes (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or
Any claim by Entrant for defamation or portrayal in a false light.
The Sweepstakes Entities assume no responsibility for any damage to Entrant’s computer system, which is occasioned by accessing the website or social media pages, or submitting an entry, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is completely released of all liability by each Participant in this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor and not to Instagram.
GOVERNING LAW
These Rules shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
ARBITRATION
By participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any benefits received, or the administration of the Sweepstakes not resolved through internal adjudication shall be resolved individually, exclusively by arbitration, to take place in the State of New York pursuant to the Rules of the American Arbitration Association, then effective. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Rules will be joined to an arbitration involving any other party subject to these Rules, whether through class arbitration proceedings or otherwise.