Official Rules, Terms and Conditions for LA GOLF BALL PROTOTYPE GOLF BALL GIVEAWAY
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. Void where prohibited. The LA Golf Ball Prototype Giveaway (“Prototype Giveaway”) will begin on November 17, 2022 at 10:00 A.M. PST and ends when the first one thousand (1,000) dozen boxes of golf balls are given away to eligible participants pursuant to these Terms and Conditions. All times in the Prototype Giveaway refer to Pacific Standard Time (“PST”). The Prototype Giveaway is subject to all applicable federal, state and local laws.
ELIGIBILITY: Prototype Giveaway 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 Prototype 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 Prototype Giveaway.
TO ENTER: To enter the Prototype Giveaway during the Prototype Giveaway Period (which became active on October 28, 2022), visit the LA Golf Prototype Ball Giveaway page located at www.lagolf.co/lagolfball (the “Page”), or respond to the “free ball” pop-up, then enter your email address to submit an entrant’s application to participate. Each entrant will then receive email updates on how to join LA Golf in the final phase of the testing process with the prototype LA Golf Ball, providing advanced notification for the date and time for available purchase / giveaway - November 17, 2022 at 10:00 am PST (the “Launch Date and Time”). The product page on the LA Golf website will also feature a countdown clock to the Launch Date and Time. Entry must be submitted via email address submission on this Page. 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 become the property of LA Golf and will not be acknowledged or returned.
Upon Launch, the Prototype Golf Balls will be available for purchase to the Entrants at the cost of $0 per box of dozen golf balls (not including shipping) until the first one thousand (1,000) boxes are issued to the first one thousand (1,000) Entrants. A flat shipping fee of fifteen dollars ($15) will be the responsibility of each entrant, and will be displayed at checkout with the “shipping cost calculator”. Once the check out and shipping payment is finalized, the LA Golf Prototype Golf Balls will be sent to the address provided by the Entrant. Once the first one thousand (1,000) boxes are purchased / given away, a “Sold Out” graphic will be triggered on the Product Page of the LA Golf Website, prohibiting any further purchases / giveaways of the Prototype Golf Balls.
ADDITIONAL INFORMATION FOR ENTRANTS: Limit one (1) Entry per person during the Prototype Giveaway Period. Multiple Entries received from any person beyond this limit will void all such additional Entries. 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 Prototype 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 PROTOTYPE GOLF BALLS: There will be one (1) box consisting of twelve (12) Prototype LA Golf balls (“Prototype Balls”) given away to the first one thousand (1,000) eligible participants who apply and purchase through LA Golf’s web site via the procedures outlined above (the “Giveaway”). The Giveaway 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. In addition to the fifteen dollar ($15) flat shipping fee outlined above, all taxes and any other unforeseen expenses, costs, or fees associated with the acceptance and/or use of Prototype Balls are the sole responsibility of Entrants. Prototype Balls cannot be transferred by Entrants or redeemed for cash and are valid only for the items detailed above, with no substitution of Prototype Balls by Entrants.
CONDITIONS: By entering the Prototype 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 Prototype Giveaway and/or his/her acceptance, possession, use, or misuse of Prototype 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 Prototype 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 Prototype 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 Prototype 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 Prototype 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 Prototype 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 Prototype 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 Prototype Giveaway.
DISPUTES AND DISPUTE RESOLUTION: The Prototype 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.