Rules
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE STATES OF NEW YORK, NEW JERSEY AND PENNSYLVANIA ONLY (EXCLUDING, WITHOUT LIMITATION, THE STATE OF FLORIDA AND All US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH. YOU MUST BE THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE OR OLDER TO ENTER. YOU ARE NOT AUTHORIZED TO ENTER THIS SWEEPSTAKES IF YOU DO NOT MEET THESE CRITERIA. INTERNET ACCESS REQUIRED.
Atlantic Canada's "Ultimate Golf Trip" Sweepstakes (the" Sweepstakes") - Official Rules.
No Purchase Necessary. A purchase will not increase your chances of winning a prize. Void where prohibited.
The "Sweepstakes Period" is from 12:00:01 PM Atlantic Time ("AT") July 5, 2010 ("Sweepstakes-Start") to 12:00:01 PM ("AT") August 31, 2010 ("Sweepstakes-End"). Sponsor's website computer determines the time.
Eligibility: This Sweepstakes is open only to legal residents residing in the States of New Jersey, New York and Pennsylvania only (excluding, without limitation, residents of the State of Florida and all US territories and possessions) who are the age of majority in their state of residence. Employees, officers, directors, agents, representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of household of Atlantic Golf Organization, Headspace Design and THE MARKETING AGENCY, LLC ("Administrator") and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Sweepstakes (the "Sweepstakes Entities") and employees, officers or directors of golf courses or golfing equipment manufacturers, distributors or retailers are not eligible to enter or be awarded a prize.
How to Enter: This Sweepstakes is entered online only: Go to Golf Coastal Canada during the online Sweepstakes Period and follow the instructions for entering the sweepstakes. You will be asked to complete all required fields including, without limitation, your full name, zip code, date of birth and a valid, working email address for which you are the authorized user. Entries must be made by an individual from a stand-alone computer device and may not be made by proxy or any electronic/automated means such as script, bot, macro, or any
Limit one entry per person or email address. All discovered entries made in violation of these rules will be deleted. You must supply an accurate, functioning email address, for which you are the authorized user, for your entry to be eligible and to be notified should Sponsor wish to use this form of winner notification. It is an entrant's responsibility to keep his/her email address current. An email "Authorized user" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g. webmail provider, business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address. In the case of a dispute regarding who submitted a particular online entry, the entry will be deemed submitted by the authorized account holder of the email account.
Winner Selection: One (1) Grand Prize winner will be chosen on or about September 1st, 2010 in random drawings, from all eligible entries received. Potential winner will be notified within three (3) business days after the selection is made via email to the email address submitted during entry. A potential winner will have three (3) business days to reply, agreeing to accept the prize and providing full contact information. Failure to confirm and provide the information above, will signify to Sponsor that the prize has been declined and forfeited for all time and another potential winner will be chosen in random drawings.
Prizes: (1) Grand Prize: A 9-day golf trip for four (4) to Atlantic Canada including: Roundtrip, economy class air travel for four (4), on an airline to be determined by Sponsor in its sole, subjective determination, from the nearest major, international airport to winner's residence in NJ, NY or PA United States to New Brunswick, Canada (all participants must be legal residents of the States of NJ, NY or PA); Eight (8) nights accommodations in hotels of Sponsor's choosing (with room tax) in New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland in two (2) standard, double-occupancy rooms of Sponsor's choosing; eight (8) rounds of golf, all lunches and dinners, transportation by rental vehicle or helicopter in Sponsor's sole determination and some sightseeing. Winner will be responsible for all other expenditures not specifically mentioned here including, without limitation, all equipment necessary to play golf, all meals and beverages not provided, gratuities, telephone, incidentals, transportation to and from originating/return and destination airport(s), personal expenses and travel/medical/baggage insurance. This prize must be taken from September 15 to October 7, 2010 or it will be forfeited in its entirety. Only adults, 25 years of age or older, may drive a rental car. Airline tickets issued may not be eligible for accrual of frequent flyer mileage. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor's sole discretion. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner's possession. Sponsor will determine airline and flight itinerary in its sole discretion. No stopovers are permitted on tickets issued as the Grand Prize. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. Any unclaimed and/or unused portion of the Grand Prize travel package or element thereof will be forfeited by Grand Prize Winner and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight or transfer. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor's air travel, car rental and helicopter transfer prize supplier, as detailed in the passenger ticket contract issued by such supplier. By entering this Sweepstakes a winner acknowledges that Sweepstakes Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. The right to receive a prize is not exchangeable but is transferable within one (1) week of prize award to a resident of NJ, NY or PA only and subject to all the conditions of these Official Rules. There is no prize substitution nor will there be a cash equivalent given to winner, except that Sponsor may substitute a prize of comparable or greater value in its sole discretion. Prize and prize notifications that are returned as undeliverable may disqualify winner. The prize will be awarded if claimed properly and is awarded "as is." ARV: $25,000 depending on time of year of travel. Odds of winning the prize: Dependant on number of eligible entries received in the Sweepstakes-Period. Should the value of the prize be less than the ARV stated above, the difference will not be awarded in cash or kind.
General: By participating in this Sweepstakes, you agree to be bound by these Official Rules. Sweepstakes administration will be supervised by THE MARKETING AGENCY, LLC, an independent judging organization, whose decisions are final and legally binding. No participant or potential winner shall have the right to contest any decision by Sponsor or the independent judging organization, concerning any aspect of the Sweepstakes. Sponsor is not responsible for those who cannot access the Internet or cannot click-through for any period of time regardless of, without limitation, technical, hardware, software, telephone, Internet, virus contamination or network problems, or for delay, failure or malfunction for any reason including, but not limited to, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, human errors including, but not limited to, errors by Sponsor who enters incorrect information into any of Sponsor's computer systems or by force majeure. Sponsor reserves the right to cancel/terminate, modify or suspend the Sweepstakes if in Sponsor's sole determination it believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including tampering, unauthorized intervention (hacking), fraud, technical failures, or force majeure or any other causes beyond Sponsor's control. Should the sweepstakes be canceled/terminated, for the reasons stated above, a winner will be chosen from all eligible, non-suspect entries received to the cancellation/termination date. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor's sole judgment it suspects that entrant has not complied with these Official Rules. Without limitation, all of an entrant's discovered entries will be disqualified, at the sole discretion of Sponsor, if Sponsor suspects than an entrant has attempted: (i) to enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate, illegible or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Only the prize and the value listed in the Official Rules shall be awarded. The Grand Prize potential winner and his/her three (3) companions (who must all be legal residents of the United States and the age of majority) will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release or an Affidavit of Eligibility, Liability and (where legal) Publicity Release (Travel Companion) as they may apply within three (3) business days of date on notification or it will be concluded definitively and for all time that the prize has been declined and a new potential winner will be selected in random drawings. Grand Prize winner will be responsible for, without limitation: 1) all travel documents including, without limitation, a current, valid U.S. Passport, if required, and/or other travel documents/requirements, acceptable to the airlines, The Transportation Security Administration (TSA), Transport Canada the Canadian and United States Governments, (2) all medical requirements, (3) respecting all local regulations and (4) for full compliance with the regulations of the country and all venues. Sponsor, airline(s), customs, immigration and local venue authorities have the right to refuse travel and/or admission to anyone who does not have proper documents or who does not comply with all regulations or comport him/herself properly. There will be no substitution or compensation for a prize or part of a prize forfeited due to winner's or winner's companions non-compliance with all regulations or any other reason. Should a greater number of prize claims be received because of printing, emailing or programming errors or for any reason whatsoever, only the number of prizes stated in these Official Rules and their values will be awarded in random drawings.
By entering, you explicitly agree to forever and irrevocably release, defend, indemnify and hold harmless the Sweepstakes Entities and their successors and assigns and their respective officers, directors, employees, representatives and agents, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims judgments, injuries, death, fines, penalties, losses, costs, expenses and demands whatsoever in law or equity, including all attorney or "expert" fees or costs, which you now have or may acquire, by reason of any personal injury, death, loss of or damage to others or to property, or any reason, occurring during or arising out of the Sweepstakes, your participation or inability to participate in the Sweepstakes or the acceptance, possession, attendance at, travel related to, inability to use or misuse of the prizes and any elements thereof; any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor's control. Prizewinner waives the right to 1) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and 2) claim any liability (including attorney's and experts fees and costs) which might arise from redeeming or seeking to redeem said prize (including travel related thereto). A Prize not claimed will not be awarded.
Sweepstakes void where prohibited, licensed, restricted or taxed. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners' responsibility and an IRS form #1099 will be sent to Grand Prize winner for $25,000 for the year 2010.
Except where prohibited by law, by entering the Sweepstakes, as a condition of participating in this Sweepstakes and winning the prize, you agree to the use by Sponsor and its designees of your name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission. YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, BEING PLACED ON A WINNERS' LIST.
As a condition of participating in this Sweepstakes, you agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' or experts' fees, other than your actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or your rights and obligations or Sponsor's rights and obligations in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Province of Newfoundland, Canada without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that Province in the City of Gander. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
The Sweepstakes Entities shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in the Sweepstakes website, any marketing materials or these or the abbreviated Official Rules.
All entries submitted become the property of Sponsor and none will be acknowledged or returned. Sponsor and Administrator collect personal information from you when you enter the Sweepstakes. The information collected is subject to the Sponsor's Privacy Policy which can be found by clicking Privacy Policy on www.golfcoastalcanada.com and Administrator's Privacy Policy found at www.themarketingagency.com. By participating in the Sweepstakes, entrants hereby agree to Sponsor's and Administrator's collection and usage of their personal information according to their privacy policies and acknowledge that they have read and accepted Sponsor's/Administrator's privacy policy.
For a Winners List - available on or about September 20, 2010, send a self addressed, adequately stamped, #10, business envelope to Winner - Atlantic Canada "Ultimate Golf Trip " Sweepstakes, c/o The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306 to be received by September 20, 2010. No mechanically reproduced or photocopied requests allowed; only one (1) request per outer mailing envelope. You cannot enter the Sweepstakes using this address. All entries mailed to this address will be discarded.
This Sweepstakes is sponsored by Atlantic Golf Organization Incorporated, P.O. Box 174, 17 Hornell Street, Gander, NL, A1V 1W6 and administered by The Marketing Agency, LLC, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
All trademarks are the property of their respective owners. The use of any prize does not imply any endorsement of, or participation in, this Sweepstakes by its provider. © 2010, The Marketing Agency.