Agreement to Official Rules
Participation in the 18Birdies Golf Cap Design Challenge (the “Competition”) constitutes contestant’s (“Contestant”) full and unconditional agreement to and acceptance of these rules (“Official Rules”) and the decisions of Sponsor and/or its designees (including, without limitation, decisions regarding eligibility and judging of Entries (as defined below), selection of the Winners (as defined below), and the awarding of the Prizes (as defined below)), which are final and binding in all respects. Winning a Prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
The Competition begins on October 13, 2017 at 12:00am PST, and ends on October 27, 2017 at 11:59pm PST (the “Competition Submission Period”). All times mentioned in these Official Rules are Pacific Standard Time unless expressly noted otherwise. Sponsor’s time-keeping system is the official time-keeping device for the Competition. Sponsor has the sole discretion in determining the timeliness of any action or inaction related to the Competition. The Competition is open only to individual persons who, as of the date of Submission, are at least eighteen (18) years of age and are permanent legal residents of the fifty (50) United States and the District of Columbia. Contestants must own or have access at their own expense to a computer, an Internet connection, and any other electronic devices, documentation, software or other items that Contestants may deem necessary to create and enter their Submission. Void where prohibited or restricted by law and in any location outside the fifty (50) United States and the District of Columbia. Entries generated by a script, bot, macro or other automated means are void. Employees, contractors and agents (and their immediate families and household members) of Sponsor and/or its subsidiaries, affiliates, and divisions, and persons who were awarded a prize or received other promotional consideration from Sponsor within the last six (6) months prior to the beginning of the Competition period are also not eligible to participate or win. For the avoidance of doubt, if it is found, in Sponsor’s sole discretion, at any time during or after the Competition period, that any of the eligibility criteria herein are not met with respect to any Contestant, such Contestant may be disqualified from the Competition. Sponsor’s determination of eligibility shall be final.
How to Enter
Beginning on October 13, 2017 at 12:00am PST, visit www.18birdies.com/designchallenge and click on "Submit Design" button at the top or bottom of the page.
Winner Selection / Odds / Notifications
- After the Competition Submission Period, Sponsor will review all eligible Entries and select up to twenty (20) finalists (the “Finalists”). Public voting is scheduled to take place between November 3, 2017 at 10:00am PST, and ends on November 10, 2017 at 11:59pm PST (the “Voting Period”). Public voting will contribute to the decision process, but not be the deciding factor on the winner. Sponsor will determine the Competition winners (“Winners”).
- Public votes may be displayed on the Competition Website, on a real-time basis (or as close to real time as possible), before being verified for integrity. These unverified votes will not necessarily reflect accurately the voting for the Finalists.
- The Finalists will be an influencing factor on the basis of the verified vote counts, as determined by Sponsor. Sponsor reserves the right to extend the Voting Period at any time for any reason.
- Use of an automated process or similar device to submit an electronic vote is strictly prohibited. Any attempt to circumvent the one-vote limit per Submission, including the use of multiple email addresses or any form of automated vote processes will subject all votes from the person or entity to disqualification. Sponsor reserves the right to disqualify any Contestant at their sole discretion, if a Contestant receives multiple and/or irregular votes from the same user or users, or receives votes in a manner that otherwise may indicate automated or non-automated vote manipulation. If the voting process for the Finalists fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor, in its sole discretion, reserves the right to determine the Finalist by using non-suspect votes, or by any other means Sponsor deems appropriate. Contestants may not pay or otherwise compensate anyone or provide any other type of consideration in exchange for votes.
- There is no limitation on the number of Submissions a Contestant can enter during the Competition Submission Period. However, a Contestant may only have at most one (1) Submissions declared a Finalist. If a Contestant has more than one (1) Submission among the Finalists with the most verified votes, only the one (1) Submission from that Contestant with the most verified votes will be declared among the Finalists – subject to conditions set forth herein.
- In the event one or more Submission(s) receive(s) the same number of votes (the “Tied Submissions”), then the Tied Submission will be determined by Sponsor.
- If two or more Submissions are among the Finalists for votes and the Submissions are substantially similar, as determined by Sponsor in their sole discretion, only the one Submission that received the most votes will be declared a Finalist.
- The odds of being selected a Winner depend on the total number of eligible Entries received in the Competition. If the potential Winner cannot be contacted, for any reason, within five (5) days after the first attempt to contact him/her, Sponsor may select an alternate potential Winner in his/her place from the remaining non-winning, eligible Entries. Sponsor shall have no liability for a potential Winner’s failure to receive notices due to spam, junk e-mail, or other security settings or for the provision of incorrect or otherwise non-functioning contact information.
Winners of the Competition will receive the following prizes (“Prizes”):
- One (1) “Grand Prize Winner” will receive a check in the amount ofFive Thousand and No/100 U.S. Dollars ($5,000.00 USD).
- Four (4) “Runners Up” will receive a check in the amount of One Thousand and No/100 U.S. Dollars ($1,000.00 USD), plus an 18Birdies “fashion” prize pack. Each Prize is awarded “AS IS” and is non-transferable, non-assignable and non-refundable. The Prize will be mailed to the winning Contestants’ addresses within 45 days of receipt of the signed affidavit(s) of eligibility or a similar verification document and liability/publicity release(s) form(s). No substitution for cash or other prize may be made, provided however, that Sponsor reserves the right (but has no obligation) to substitute the Prize, or component thereof, with another prize, or component thereof, including cash, of equal or greater value should the awarded Prize not be available for any reason as determined by Sponsor in its sole discretion. Receipt of the Prize is conditioned upon compliance with any and all federal, state, province, and local laws and regulations. Any and all prize-related expenses, including without limitation any and all federal, state, province, and/or local taxes and fees, shall be the sole responsibility of the Winner. The Winners will be issued an IRS Form 1099 and must complete an IRS Form W-9 in connection with the actual value of his or her prize. Contestants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with Visa, and hereby releases Visa from any and all liability arising from or related to the Competition.
General Conditions of Participation
- Entries will not be returned to Contestants after submission. By participating in the Competition, each Contestant represents and warrants that his/her Submission: (I) is an original creation; (ii) has not been copied or derived in whole or in part from any other work; (iii) does not violate or infringe (including, if applicable, all images and people depicted in the Submission) any copyright, trademark, privacy or publicity right, or other personal proprietary or intellectual property right of any person or entity; (iv) is not defamatory, libelous, obscene, or otherwise illegal; (v) is the sole and exclusive property of Contestant; (vi) he/she has complete, worldwide distribution rights for his/her Submission; (vii) he/she has received the written consent of any person (or parent or legal guardian if such person is a minor) who appears in any Submission. Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any Submission that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules.
- Sponsor reserves the right, in its sole discretion, to terminate, modify, or suspend the Competition if, in Sponsor’s sole discretion, there is any suspected or actual evidence of tampering with any portion of the Competition or if unauthorized intervention, fraud, technical difficulties, failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Competition. In such event, Sponsor reserves the right (but does not have the obligation), in its sole discretion, to award the Prize at random from among eligible, non-suspect Entries received up to the time of suspected impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the submission process or the operation of the Competition or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of a Competition is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision of these Official Rules.
Non-Exclusive License and Publicity of Competition Submission / Ownership
By entering the Competition and submitting a Submission, Contestant grants to Sponsor a non-exclusive, irrevocable, unlimited, perpetual, royalty free, worldwide license to: (a) to use, reproduce and publish the Submission or material in connection with the Competition; (b) to publicly display, link to the Submission, and/or feature the Submission and all its content in connection with the promotion of this Competition in all media (now known or later developed); and (c) store the Submission on servers, for marketing purposes, and/or for the promotion of the Competition. You agree to sign any necessary documentation that may be required by Sponsor or its designees to make use of the rights you granted above. Contestants waive all rights to any compensation or recognition for the use by Sponsor of the Submission for the purposes described above. Once submitted, Sponsor may modify, augment, and incorporate the Submission to any other work for the purposes described above (collectively, “Adaptions”). Contestant will own and retain all right, title, and interest in and to Contestant’s Submission, subject to the license granted to Sponsor in this Section 7, above. Sponsor will own and retain all right, title and interest in and to all Adaptations of Contestant’s Submission made by, or by any third party for the benefit of Sponsor, subject to Contestant’s rights in the underlying content contained in Contestant’s Submission.
Right of Publicity Grant to Sponsor
- By submitting a Submission, each Contestant grants to Sponsor and to its designees the right to use his/her name, likeness, distinctive appearance, image, portrait, picture, or photograph (whether still or moving), voice, including, without limitation, a recording or parts thereof, whether in writing, audio and/or video, and biographical and professional information listed, provided, referenced, or otherwise contained in the Submission for any purpose related to or in connection with the Competition, in any medium, without further notice, approval, compensation or additional consideration to Contestant, unless prohibited by law. Contestant understands and accepts that the only compensation Contestant will receive for granting this right is the publicity Contestant may receive by the publication or broadcasting of Contestant’s Submission into the Competition and/or the announcement of Contestant’s participation in the Competition.
Release and Indemnity
Each Contestant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless Sponsor and its affiliates, subsidiaries, those working on its behalf, and each of its respective officers, directors, managers, representatives, employees, agents, successors, and assigns from and against all claims, damages, loss, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or is in any way related to participation in the Competition or the awarding, acceptance, receipt, use, or misuse of the Prize.
Limitations of Liability
Sponsor is not responsible for: (a) incorrect or inaccurate transcription of Submission information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected Entries, or Entries received through impermissible or illegitimate channels, all of which will be disqualified from the Competition; (b) any technical errors associated with the Competition, including lost, interrupted, or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility, or failed computer, satellite, telephone, cellular tower, or cable transmissions, lines, or technical failure, or jumbled, scrambled, delayed, or misdirected transmissions, or computer hardware or software malfunctions, failures, or difficulties; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) any other errors or problems in connection with the Competition, including, without limitation, errors that may occur in the administration of the Competition, announcement of the Winner, the cancellation or postponement of the Competition, or in any Competition-related materials; and/or (e) injury, death, losses, or damages of any kind, to persons or properties which may be caused, directly or indirectly, in whole or in part, from Contestants’ participation in the Competition or acceptance, receipt, or misuse of the Prize.
Any and all disputes, claims, and causes of action arising out of or in connection with the Competition shall be resolved individually, without resort to any form of class action. All Competitions shall be governed by, and construed in accordance with, the laws of the State of Colorado, regardless of conflicts of laws principles. Any action or litigation concerning the Competition shall take place exclusively in the federal or state courts in the State of Colorado, and each Contestant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Each Contestant agrees to service of process by mail or other method acceptable under the laws of the State of Colorado. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE COMPETITION. CONTESTANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF CONTESTANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
No Third-Party Endorsements
By participating in the Competition, Contestants acknowledge that the Competition is in no way sponsored, endorsed or administered by, or associated with Facebook and/or Experticity/ReadyPulseand hereby release such entities from any and all liability arising from or related to the Competition. The information Contestants provide for the Competition is being provided to Sponsor and not to Facebook and/orExperticity/ReadyPulse.
For a complete list of Winners, visit the Competition Website on or about November 12, 2017.