The National Mini Golf Day Promotional Sweepstakes:
Official Rules, Terms, and Conditions
This sweepstakes promotion is called National Mini Golf Day Giveaway (the “Sweepstakes”) and is subject to these official rules (the “Official Rules”). The Sweepstakes is a marketing promotion for the benefit of Puttshack US Inc and all communications regarding the Sweepstakes, including this one, are promotional material.
NO PURCHASE IS NECESSARY TO ENTER OR WIN.
NO PURCHASE OR PAYMENT OF ANY KIND WILL INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
BY ENTERING THE SWEEPSTAKES, YOU MUST AGREE TO THESE OFFICIAL RULES WHICH CREATES A CONTRACT SO READ THE OFFICIAL RULES CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO THE SPONSOR FROM YOU, MANDATORY ARBITRATION OF DISPUTES, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Sweepstakes sponsor is Puttshack US Inc., 303 W Erie St #600, Chicago, IL 60654 (the “Sponsor”).
The Sweepstakes is not sponsored, endorsed, or administered by Instagram (“Social Media Channel”) or the other brands set forth herein. The Social Media Channel and the other brands set forth herein are not responsible for the Sweepstakes in any way. By entering the Sweepstakes, you acknowledge that the Social Media Channel bears no responsibility for the Sweepstakes, and you release the Social Media Channel and the other brands set forth herein from any liability whatsoever in connection with the Sweepstakes.
You understand that you are providing information to the Sponsor and not the Social Media Channel. If you have any questions, comments, or complaints regarding the Sweepstakes, you must direct them to the Sponsor, not the individual Social Media Channel.
No Purchase Necessary
No purchase or payment of any kind is necessary to enter or win the Sweepstakes. A purchase will not improve your chances of winning.
The Sweepstakes will be active for the duration of 2 weeks. It will commence on May 1st, 2023 at 12:01am CST and ends on May 14th, 2023 at 11:59pm CST, inclusive. Three (3) winners will be selected on May 15th, 2023.
How To Enter the Sweepstakes
You can enter the Sweepstakes by doing the following:
1) You must be a registered Instagram account holder and:
a. follow Puttshack (@puttshack) on Instagram; and
b. use a branded Puttsonality giphy sticker; and
c. Tag @puttshack
Multiple posts will not increase your chances of winning. Only persons in compliance with Instagram’s appliable rules are eligible to win.
2) In an email, provide your complete name, mailing address, phone number, and date of birth and send via email to email@example.com, Attn: MKTG: National Mini Golf Day Giveaway. There is a limit of one (1) email Entry per Entrant. Each unique Email is considered one (1) Entry into the Sweepstakes. Multiple Entries submitted or Entries completed by anyone other than the Entrant are void. Write-in Entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.
Entries made for you by any other person or entity, or by any other method, including but not limited to commercial sweepstakes subscription notification and/or entering services will be declared invalid and disqualified from the Sweepstakes. The use of any device to automate the entry process is prohibited. If you are found to have submitted any unauthorized entry, all your entries, including entries that would have otherwise been authorized, will be disqualified.
Who Is Eligible
The Sweepstakes is open solely to legal residents of the United States who are eighteen (18) years of age or older at the time of entry, excluding residents of Rhode Island, Puerto Rico, all U.S. territories, possessions, and overseas installations. However, the Sweepstakes is void in any jurisdiction where it is prohibited or restricted by law. All federal, state, and local rules and regulations apply.
The following are not eligible to win the Sweepstakes: the Sponsors’ officers, directors, employees, contractors, agents, and any of their immediate family members (defined as biological or step-mother/father, sister, brother, daughter, son, dependent or spouse of any of the foregoing) and any of their household members, regardless of where they live. Persons who Sponsor is prohibited from allowing to participate in the Sweepstakes under applicable law are NOT eligible.
Subject to verification of eligibility and compliance with these Official Rules, three (3) Entries will be chosen at the end of the two (2) week entry period, to receive:
One (1) Winner to receive “Puttshack for a Year”
Inclusive of one (1) free game per month for twelve (12) months.
The retail value of the prize to be awarded is approximately $200.
Two (2) Winners to receive “Puttsonality Prize Pack”
Inclusive of one (1) swag pack of Puttsonality and generic Puttshack branded items.
The retail value of the prize to be awarded is approximately $75.
The total retail value of all prizes to be awarded is approximately $275.
The winner will be selected by random drawing from all the eligible Entries received during the Entry Period within approximately ten (10) hours of the daily Entry Period ending. The number of eligible Entries received determines the odds of winning. The winning Entry is subject to verification of eligibility and compliance with these Official Rules.
The winner will be notified via Instagram private message within approximately one (1) day of the date the winning entry is selected.
The winner may be required to execute and return a notarized Affidavit of Eligibility/ Release of Liability within thirty (30) days of notification, which may include providing certain personal information to verify their identity. Once an executed copy of the Affidavit of Eligibility/ Release of Liability is received, the Sponsor will send the winner the prize via email or via U.S. Mail, as appropriate. Failure to respond to notifications, return all required forms within thirty (30) days, or comply with any other provisions may result in the winner being disqualified and an alternate winner selected. If a prize notification or a prize is returned as undeliverable for any reason, the applicable prize will be awarded to an alternate winner.
Alternate winners will be selected in the same manner as the originally selected winner, i.e., a random drawing. Prizes are not transferable, assignable, or redeemable for cash. All decisions are final. All federal, state, and local tax liabilities are the responsibility of the winner.
General Rules, Terms and Conditions
By submitting an Entry, you release and waive any claims you may have against Sponsor, all related internet server(s) and access provider(s) and each of the foregoing’s respective affiliates, subsidiaries, parent corporations, advertising and promotional agencies, and all of the foregoing’s officers, directors, shareholders, employees, contractors, agents, and assigns (collectively the "Releasees") for any and all injuries, claims, damages, losses, costs, or expenses of any kind, including but not limited to attorney's fees, resulting from acceptance, use, or misuse of any prize or parts thereof, or participation in the Sweepstakes.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY WAIVE ALL LEGAL AND EQUITABLE RIGHTS RELATING TO ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, AND EXPENSES, INCLUDING BUT NOT LIMITED TO CLAIMS FOR COPYRIGHT OR TRADEMARK INFRINGEMENT, INFRINGEMENT OF MORAL RIGHTS, LIBEL, DEFAMATION, INVASION OF ANY RIGHTS OF PRIVACY (INCLUDING WITHOUT LIMITATION INTRUSION, FALSE LIGHT, PUBLIC DISCLOSURE OF PRIVATE FACTS, AND MISAPPROPRIATION OF NAME OR LIKENESS), VIOLATION OF RIGHTS OF PUBLICITY, PHYSICAL OR EMOTIONAL INJURY OR DISTRESS, OR ANY SIMILAR CLAIM OR CAUSE OF ACTION IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD (COLLECTIVELY, “CLAIMS”) ARISING DIRECTLY OR INDIRECTLY FROM THE SWEEPSTAKES INCLUDING THE PRODUCTION, EXHIBITION, EXPLOITATION, ADVERTISING, PROMOTION, OR OTHER USE OF THE MATERIALS, AND WHETHER RESULTING IN WHOLE OR IN PART BY THE NEGLIGENCE OF RELEASEES OR ANY OTHER PERSON, COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST RELEASEES, AND FOREVER RELEASE AND DISCHARGE RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WAIVER CANNOT BE TERMINATED, RESCINDED, OR MODIFIED, IN WHOLE OR IN PART UNDER ANY CIRCUMSTANCES.
If for any reason, the Sweepstakes is not run as planned, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes, or any portion thereof.
If the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper running of the Sweepstakes and processing of Entries, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsor's sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right, at Sponsor’s sole discretion, to disqualify any person implicated in such action and/or to cancel, terminate, modify, or suspend the Sweepstakes. If there are no non-suspect Entries, then Puttshack reserves the right to cancel the Sweepstakes entirely and no prize will be given. If the Sweepstakes is canceled, Sponsor reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect Entries received prior to the event warranting cancelation. If cancelation, termination, modification, or suspension occurs, Sponsor will post a notification on the Social Media Channel used to conduct the Sweepstakes. If an entrant attempts to deliberately undermine the legitimate operation of the Sweepstakes, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the authorized account holder of the account used to make the Entry. The authorized account holder is deemed the natural person who is assigned to an email address associated with the Social Media Channel account, which email address was assigned to that person 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. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.
The Releasees are not responsible for: any incorrect or inaccurate entry information; human errors; technical malfunctions; an inability to access the Social Media Channel; theft, tampering, destruction, or unauthorized access to, or alteration of, Entries; data that is processed late or incorrectly or is incomplete or lost; any Entries which are lost, incomplete, misdirected, stolen, or illegible.
All Entries become the property of the Sponsor and will not be acknowledged or returned. You hereby irrevocably grant the Releasees the right to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use anything you submit in connection with your Entry, including but not limited to your name, image, likeness, appearance, Social Media Channel names and handles and profiles, and other personal characteristics, and all materials created by or on behalf of Releasees that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including without limitation electronic, magnetic, and optical media, motion pictures, television broadcast, cablecast, and satellite, home video and video on demand, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, mobile applications, on any platform and for any purpose, including but not limited to advertising, public relations, publicity, packaging, and promotion of Sponsor and its businesses, products, and services, without further consent from or royalty, payment, or compensation to you.
Sponsor shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to Sponsor your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve the Materials before they are used by Releasees, and that Releasees have no liability to you for any editing or alteration of the Materials or for any distortion or other effects resulting from Releasees’ editing, alteration, or use of the Materials, or Releasees’ presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by Releasees in their sole discretion. Releasees have no obligation to create or use the Materials or to exercise any rights given by this waiver.
False, fraudulent, unfair, or deceptive Entries or acts shall render entrants and their Entries ineligible.
ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, AS A CONDITION OF PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT (1) ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY FINAL CONFIDENTIAL BINDING ARBITRATION. PRIOR TO INITIATING ANY ARBITRATION, THE INITIATING PARTY WILL GIVE THE OTHER PARTY AT LEAST 60 DAYS' ADVANCE WRITTEN NOTICE OF ITS INTENT TO FILE FOR ARBITRATION. THE ARBITRATION WILL BE CONDUCTED UNDER THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN FORCE (THE "AAA RULES"), AS MODIFIED BY THIS ARBITRATION PROVISION. YOU AND PUTTSHACK AGREE THAT THE FEDERAL ARBITRATION ACT APPLIES AND GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THE AAA RULES, AS WELL AS INSTRUCTIONS ON HOW TO FILE AN ARBITRATION PROCEEDING WITH THE AAA, APPEAR AT WWW.ADR.ORG. JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES, AND/OR ANY OTHER DAMAGES, INCLUDING ATTORNEYS' FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (I.E., COSTS ASSOCIATED WITH PARTICIPATING IN THIS PROMOTION), AND ENTRANT FURTHER WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
By entering the Sweepstakes, you authorize Sponsor to contact you for promotional purposes and also regarding the Sweepstakes using any contact information you provided.
By entering the Sweepstakes, you affirm that you have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the United States.
For the name of the winners, send a self-addressed, stamped, envelope to: Puttshack US Inc., Attn: National Mini Golf Day, 303 W Erie St #600, Chicago, IL 60654. Vermont residents may omit return postage.