LA GOLF BALL PROMOTIONAL GOLF BALL GIVEAWAY
Official Rules, Terms and Conditions for
LA GOLF BALL PROMOTIONAL GOLF BALL GIVEAWAY
PRELIMINARY INFORMATION: Void where prohibited. The LA Golf Ball Promotional Giveaway (the “Promotional Giveaway”) began on February 14, 2023 at 8:00 A.M. PST and ends upon revocation of the Promotional Giveaway offer at LA Golf’s discretion when the revocation of the Promotional Giveaway is indicated on LA Golf’s web site, no later than May 15, 2023 (the “Promotional Giveaway Period”). All times in the Promotional Giveaway refer to Pacific Standard Time (“PST”). The Promotional Giveaway is subject to all applicable federal, state and local laws.
ELIGIBILITY: The Promotional Giveaway is open only to: (i) permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), and who are eighteen (18) years of age or older and of the age of majority in their state or province of residence as of the start of the Promotional Giveaway Period. Officers, directors, and employees of LA Golf Shafts, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Promotional Giveaway.
TO ENTER: To enter the Promotional Giveaway during the Promotional Giveaway Period, a Participant must first purchase or pre-order any LA Golf Putter from the LA Golf web located at www.lagolf.co (the “Page”) by entering in the Promotional Code “FREEBALLS” provided on the pop-up banner on the Page. Purchase of an LA Golf Putter is a requirement to be eligible to participate in the Giveaway. Entry and Promo Code must be submitted via submission on this Page upon purchase of an LA Golf Putter. If you choose to submit your Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All entries and information related to entries become the property of LA Golf and will not be acknowledged or returned.
ADDITIONAL INFORMATION FOR ENTRANTS: Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. In case of a dispute over the identity of an entrant, LA Golf shall retain the right and discretion to refuse participation of any entrant. 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. By entering the Promotional Giveaway, entrants grant LA Golf the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Statement and to incorporate the Statement 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 LA Golf and that the LA Golf’s reproduction, publishing, displaying, and/or other use of the Statement 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. Entries must comply with all applicable laws, rules, and regulations. LA Golf shall have no obligation to copy, publish, display, or otherwise exploit any Statement made by any entrant.
GIVEAWAY GOLF BALLS: Upon purchase of an LA Golf Putter and entry of the Promo Code, there will initially be one (1) box consisting of twelve (12) LA Golf Balls (the “LA Golf Balls”) sent to the address provided by the Participants who apply and purchase through LA Golf’s web site via the procedures outlined above (the “Giveaway”). All LA Golf Balls will be awarded “as is” with no warranty or guarantee, either express or implied by LA Golf. The Prototype Balls are not yet USGA Approved, are intended for testing and/or practice purposes, and are not available for sale to the public. All details of Giveaway will be determined by LA Golf in its sole discretion. All taxes and any other unforeseen expenses, costs, or fees associated with the acceptance and/or use of the LA Golf Balls are the sole responsibility of Entrants. The LA Golf Balls cannot be transferred by Entrants or redeemed for cash and are valid only for the items detailed above, with no substitution of any product by Entrants.
CONDITIONS: By entering the Promotional Giveaway, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless LA Golf and all of its affiliates or subsidiaries, and each of 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 Promotional Giveaway and/or his/her acceptance, possession, use, or misuse of LA Golf Balls or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Promotional Giveaway 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; (c) to the posting of such entrant’s name on the Page 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, Terms and Conditions and to waive any right to claim any ambiguity or error therein or in the Promotional Giveaway itself, and to be bound by all decisions of the LA Golf, which are binding and final. Failure to comply with these conditions may result in disqualification from the Promotional Giveaway at LA Golf’s sole discretion.
ADDITIONAL TERMS: LA Golf reserves the right to permanently disqualify from any promotion or giveaway any person it believes has intentionally violated these Official Rules, Terms and Conditions. The failure of LA 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 LA Golf (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules, Terms and Conditions. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Promotional Giveaway. 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. LA Golf reserves the right to cancel, modify, or suspend the Promotional Giveaway 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). LA Golf may prohibit any entrant or potential entrant from participating in the Promotional Giveaway, 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, LA Golf, or LA Golf’s agents or representatives; or behaves in any other disruptive manner (as determined by LA Golf in their sole discretion). LA Golf reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Promotional Giveaway.
DISPUTES AND DISPUTE RESOLUTION: The Promotional Giveaway is governed by, and will be construed in accordance with, the laws of the State of California, and the forum and venue for any dispute shall be in Los Angeles, California. If the controversy or claim is not otherwise resolved through direct discussions or voluntary mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). All proceedings brought pursuant to this paragraph will be conducted in the County of Los Angeles. 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.