Golf Digest U.S. Open Contest 2009-2010
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Golf Digest U.S. Open Contest 2009-2010 (the “Promotion”) consists of a skill-based contest (“Contest”) and a random-draw sweepstakes (“Sweepstakes”). The Promotion is open only to legal residents of the fifty (50) United States (including The District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of Sponsor and Administrator and the United States Golf Association (the "USGA") and their parent and affiliate companies, suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Void outside the 50 United States/DC and where prohibited. Participation in the Promotion constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Advance Magazine Publishers, Inc. d/b/a The Conde Nast Publications, Inc., 4 Times Square, New York, NY 10036. Administrator: ePrize, LLC, One ePrize Drive, Pleasant Ridge, MI 48069. Administrator is an independent judging organization whose decisions as to the administration and operation of the Promotion and the selection of the potential winners are final and binding in all matters related to the Promotion.
3. Timing: The Promotion begins on November 10, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on April 30, 2010 at 11:59 p.m. ET (the "Promotion Period"). The Promotion consists of three (3) phases as set forth in the chart below:
| Phase | Starts at 12:00 a.m. ET | Ends at 11:59 p.m. ET |
|---|---|---|
| Upload Phase | November 10, 2009 | January 31, 2010 |
| Judging Phase | February 1, 2010 | March 1, 2010 |
| Voting Phase | March 31, 2010 | April 30, 2010 |
Administrator’s computer is the official time-keeping device for this Promotion.
4. How to Enter:
To Enter the Contest: During the Upload Phase, visit http://www.gdopenchallenge.com or http://www.gdopencontest.com and follow the links and instructions to complete and submit the registration including a valid home address. P.O. Boxes are not permitted. After completing the registration, follow the links and instructions to upload and submit one (1) essay explaining how would playing in the Golf Digest U.S. Open Challenge at Pebble Beach significantly change your life and about your golf game in order to receive one (1) entry into the Contest ("Essay"). By completing the registration and submitting your Essay, you agree that it adheres to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Essay and disqualify you from the Contest if it believes, in its sole discretion, that your Essay fails to conform to the Guidelines and Restrictions.
EssayGuidelines: The Essay must meet the following guidelines:
The Essay must be in text format;
The Essay must not exceed sixty (60) words in length;
The Essay must be in English; and
The Essay cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any means.
Content Restrictions: The Essay must meet the following content restrictions:
The Essay must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
The Essay must not disparage Sponsor, Administrator or any other person or party affiliated with the promotion and administration of this Contest;
The Essay must not contain brand names or trademarks;
The Essay must not contain text not created by entrant;
The Essay must not contain text that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
The Essay must not contain text that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
The Essay must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Essay is created.
Limit: You may only submit one (1) Essay during the Upload Phase. All Entries submitted will become the exclusive property of Sponsor, and none will be acknowledged or returned. Essays received from any person or email address in excess of the stated limit will be void. Essays generated by script, macro or other automated means are void. Uploading an Essay constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Essay in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If necessary, entrant will sign any necessary documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Essay. Released Parties (as defined in Section 8, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Essays; all of which will be void.
To Enter the Sweepstakes: During the Promotion Period, follow the links and instructions as set forth in Section 4(a) above to upload an Essay. Submit your registration and upload your Essay to receive one (1) entry into the Sweepstakes. Limit: Each entrant may receive one (1) entry into the Sweepstakes by uploading an Essay during the Promotion Period. On days when you subsequently login, you will automatically receive one (1) Sweepstakes entry, but you will not be able to submit additional Essays. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
Additional Entries: An entrant may gain additional entries during the Promotion Period by the following methods:
Voting: During the Voting Phase, follow the links and instructions to vote on the Entry (defined below) you believe should win the Contest. You will receive one (1) entry into the Sweepstakes for each vote you submit. Limit: Each entrant may receive one (1) Sweepstakes entry per day during the Voting Phase through this method.
Tell A Friend Program: During the Promotion Period, you will be invited to submit the names and email addresses of up to five (5) friends per day who must be eligible to participate in the Promotion. Each person that you refer will receive an email notifying them about the Promotion. You may only refer persons with whom you have an existing relationship. For each referral you make with a valid email address, you will automatically receive one (1) additional entry into the Sweepstakes, for a total of up to five (5) additional entries per day during the Promotion Period through this method.
5. Winner Determination:
a. For Contest: Qualified judges will judge all eligible Essays. Judges will select a maximum of fifty (50) Essays as qualifiers (each a "Qualifier") based on the following criteria: creativity and originality (25%), expression of respect and love for the game (25%), the ability to tell an engaging story about why winning the Contest would be life changing (25%), and an exhibition of the ability to stand up under the pressure of the challenge (25%) (collectively, "Judging Criteria"). In the event of a tie between two (2) or more Essays, the Sponsor will determine the winning Essay in its sole discretion based on creativity and originality. The potential Qualifiers will be notified by email, telephone, or registered mail no later than February 5, 2010. Each Qualifier will then be put through an interview process beginning with a phone interview that may or may not be followed by an in-person interview. Golf Digest Editors will conduct the interviews on the phone and in-person and will travel, if necessary, to meet with the Qualifiers. The answers and responses to the interview questions will be judged by the Golf Digest Editors based on the Judging Criteria. A maximum of twenty (20) Qualifiers (each a "Semi-Finalist") will be selected through this process and invited to attend a 3-day, 2-night event with the Golf Digest Editors in February, 2010. Golf Digest Editors will continue to interview the Semi-Finalists throughout the weekend event to determine three (3) to eight (8) semi-finalists (each, a "Finalist"). Each potential Finalist will be required to sign a release form, and be interviewed and videotaped. Sponsor, in its sole discretion, will set up requirements with Finalists in order to produce and create the videotape (each a "Video"). Once all Finalist Videos are complete, Sponsor will edit the Videos and the Essays to create an entry for each Finalist (each an "Entry") on or before March 31, 2010. If a potential Finalist does not sign a release form, submit to an interview, and agree to be videotaped to create a complete entry, potential Finalist will be disqualified. Three (3) to eight (8) Entries will be posted at http://www.gdopenchallenge.com and http://www.gdopencontest.com for public voting during the Voting Phase. Members of the public will be invited to vote for their favorite Entry, with a limit of one (1) vote per day. The Finalist that receives the highest number of votes during the Voting Phase will be the potential Contest Grand Prize winner. In its sole discretion, Sponsor reserves the right to select an alternate Contest Grand Prize winner should the voting appear to have been tampered with or manipulated in any way. In case of a tie, the Sponsor, in its sole discretion, will select the potential winner based on an application of the Judging Criteria. The potential Contest Grand Prize winner will be contacted on or around May 3, 2010. Multiple voters are not permitted to share the same email address. Any attempt by any voter to obtain more than the stated number of votes by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that voter's votes and that voter may be disqualified. Use of any automated program to vote will result in disqualification.
b. For Sweepstakes: Administrator will randomly select the potential Sweepstakes winner from all eligible entries on or around May 3, 2010 and will notify the potential winner by mail, email or phone at that time.
6. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential Sweepstakes Grand Prize winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Administrator, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (except where prohibited) (the “Affidavit”) in order to claim his/her prize. The Contest Semi-Finalist and Grand Prize winners (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Administrator, within five (5) days of the date notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (except where prohibited) (the “Affidavit”) in order to claim his/her prize. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit within the required time period, he/she forfeits the prize. In the event that the potential Contest Grand Prize winner is disqualified for any reason, an alternate winner will be determined by the Entry with the next highest number of votes. If after three (3) attempts a Contest Grand Prize winner is not confirmed, the applicable prize will remain un-awarded. If a potential Sweepstakes Prize winner is disqualified for any reason, Administrator will award the prize to an alternate potential winner by random drawing from among all remaining eligible entries. There will be five (5) alternate drawings, after which the applicable prize will remain un-awarded. Without limiting the generality of these Official Rules, the Contest Grand Prize winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Essay and Entry and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Essay and Entry for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Essay and Entry and that Sponsor in its sole discretion shall have the right to refrain from using the Essay and Entry. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor, Released Parties (as defined in Section 8, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
7. Prizes:
a. Contest Prizes: ONE (1) CONTEST GRAND PRIZE: A trip for two (2) to San Francisco, CA and the opportunity (for the winner only) to play golf with an undetermined number of celebrities. Actual date of round will occur between June 6, 2010 and June 10, 2010, as determined by Sponsor. Trip package includes roundtrip, coach-class air transportation for two (2) from a major commercial airport near winner’s home in the U.S. (determined by Sponsor in its sole discretion) to San Francisco, CA, four (4) days, three (3) nights accommodations at a hotel determined by Sponsor in its sole discretion (standard single room, double occupancy); and the opportunity for winner only to play golf at Pebble Beach, CA site of the 2010 U.S. Open with a group of celebrities and be filmed by NBC Sports (specific celebrities and all details will be determined by Sponsor in its sole discretion). Winner must travel between June 6, 2010 and June 10, 2010 depending on the actual date of round of golf or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. Approximate Retail Value (“ARV”): $4,600. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
MAXIMUM TWENTY (20) CONTEST SEMI-FINALIST PRIZES: A trip for semi-finalists to a destination in the continental US selected by Sponsor. Semi-finalists will participate in a two (2) day, two (2) nights, interview session. Includes roundtrip domestic coach-class air transportation for one (1) from a major airport near semi-finalist’s home in the U.S. to a destination in continental U.S. selected by Sponsor, and two (2) nights accommodations at a hotel determined by Sponsor in its sole discretion (one (1) standard room, double occupancy). Semi-Finalist must travel within February 2010 as determined by Sponsor or an alternate Semi-Finalist will be selected. ARV: $1,100. Actual value may vary based on airfare fluctuations and distance between departure and destination. Semi-Finalist will not receive difference between actual and approximate retail value.
b. Sweepstakes Prizes: ONE (1) GRAND PRIZE: A golf vacation for two (2) to Pebble Beach, CA. Trip package includes roundtrip, coach-class air transportation for two (2) from a major commercial airport near winner’s home (determined by Sponsor in its sole discretion) to San Francisco; four (4) days, three (3) nights accommodations at a hotel determined by Sponsor in its sole discretion (standard single room, double occupancy); two (2) rounds of golf for two (2) at the Pebble Beach Golf Resort (tee times determined by Sponsor in its sole discretion). Winner must complete the trip by May 3, 2011 or prize will be forfeited. Trip must be booked at least twenty-one (21) days prior to departure. ARV: $6,292. Actual value may vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value.
For Trip Prizes: Trips are subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package descriptions above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless child of winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, travel companion must be winner’s parent/legal guardian. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If, in the judgment of Sponsor, air transportation is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air transportation at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor is not responsible if golf game with celebrities, or filming of game is delayed, postponed or cancelled for any reason, in which event that portion of the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.
For All prizes: Prizes are not transferable or redeemable for cash and no substitution is allowed, except by Sponsor, who reserves the right to substitute a prize or prize component of comparable or greater value, in its sole discretion. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
8. Release: By receipt of any prize, each winner agrees to release and hold harmless Sponsor, Administrator, the USGA, NBC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Promotion constitutes each winner’s consent to Sponsor’s and its agents’ or assigns use of winner’s name, Essay, Entry, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes, at random, from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages 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.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Sweepstakes or Contest entry, provided that, if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy (http://www.golfdigest.com/services/privacypolicy) and ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html).
14. Winner List: Winner List requests will only be accepted after the promotion end date (listed above) and no later than July 30, 2010. For the Winner List, visit the promotion website, complete the form at the bottom of the FAQ, and select "Request a list of winners" in the drop down.
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