TERMS AND CONDITIONS FOR LA GOLF “SORRY SCOTTY” PROMOTIONAL OFFER
LA Golf (the “Company” or “LA Golf”) hereby sets forth the following terms and conditions related to the limited time “Sorry Scotty” Promotional Offer (the “Offer”).
1. Scope of Offer. For a limited time only, upon the use of the Promo Code “SORRYSCOTTY” (the “Promo Code”) at the time of purchase of any LA Golf Putter, LA Golf will offer to purchase from Customer up to one (1) Scotty Cameron Putter (the “Product”) in useable condition for a total fee of $300, and LA Golf will then donate the Product to a charity furthering the growth of the game of golf amongst disadvantaged youths (Youth on Course, https://youthoncourse.org/).
2. Mechanics of Offer.
3. Applicability of Terms and Conditions. The purchase and subsequent donation of any Product described herein is expressly limited to and governed by these Terms and Conditions. These Terms and Conditions are incorporated into and made a material part of any purchase order issued and accepted by LA Golf and Customer. Any acceptance of LA Golf’s offer is expressly limited to acceptance of these Terms and Conditions, or those amended from time to time by LA Golf. LA Golf may at its sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. It is Customer’s responsibility to check these Terms for changes prior to submitting the Promo Code and the Product for Company Purchase and Donation, and in any event Customer’s submission of the Promo Code and the Product following the posting of changes to these Terms constitutes Customer’s acceptance of any changes. LA Golf expressly objects to and rejects any additional or different terms or conditions proposed by Customer. No Customer-generated or Customer-altered terms or conditions shall become part of the parties’ Purchase Order agreement or shall modify these Terms and Conditions, even if signed by Customer, nor shall any course of performance, course of dealing, or usage of trade operate as a modification or waiver of these Terms and Conditions. By accepting the terms and conditions of the Purchase Order, Customer accepts and assents to these Terms and Conditions.
4. Limitations of Offer. The promotion is valid for a limited time only, and may be modified, revoked, or cancelled by LA Golf at any time prior to acceptance of the Offer by Customer in accordance with the process outlined above. The Offer is non-transferable and may not be resold. This promotion may not be combined with other offers, including promotional certificates.
5. Ownership and Condition of the Product. Upon accepting the Offer, Customer shall represent and warrant that the Product is in useable condition, and that Customer owns all rights, title and interest in the Product. By accepting and purchasing the Product from Consumer in accordance with the process outlined above, Customer agrees that all rights, title and interest in the Product will transfer to LA Golf until such time as the donation to the charity is made by LA Golf in its own name.
6. Prices, Shipping Risk/Charges and Taxes. All pricing on Purchase Orders is final, unless modified under the Terms and Conditions herein. LA Golf shall bear the risk of damage via shipment (but not loss via shipment), and all contemplated shipping and handling charges are included in the price and within the prepaid label and packaging provided by LA Golf (any additional or alternative measures taken by Customer shall be at the Customer’s sole expense). Customer shall pack, mark and ship the Product in accordance with sound commercial practices within the golf industry so as to prevent damage during transport and the package with the Product shall be clearly marked as destined for LA Golf.
7. Delivery; Title; Risk of Loss. Title to, and risk of loss, for all Products shipped to LA Golf with an executed Purchase Order by Customer shall pass to LA Golf only after unloading the Products at the delivery location selected by LA Golf on the Shipping Label.
8. Returned or Rejected Products. LA Golf shall inspect all Products within a reasonable time after receipt to confirm they are in useable condition, and shall be deemed to accept such Products unless it gives Customer written notice of any defect or non-conformity within a reasonable time after inspection, which shall be no later than four months from receipt of the Products). Upon such notice, LA Golf shall have the right to collect the $300 reimbursement from Customer upon returning the Rejected Product. Failure to give notice of any defect or non-conformity shall not affect any warranty or operate as acceptance of any Product with a latent defect.
9. Donations and Charitable Use. Donations pursuant to this Offer will be made by LA Golf (not by Customer), and are complete and final charitable gifts to the Foundation and are not refundable. The Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code. Further, the Offer and transaction described herein do not give Customer the ability to indicate preferences for specific use of the Product by the charity selected by LA Golf.
10. Delays, Losses, and Force Majeure. LA Golf will not be liable or held responsible for any delays or losses related to the failure to receive the Product arising from any fault of any third parties, or arising from directly or indirectly from Acts of God, severe weather conditions, labor disputes, governmental actions, war, riots, pandemics, local or global health emergencies, or other circumstances or causes beyond the reasonable control of Buyer.
11. Assignment. Customer shall not assign, delegate, or subcontract its performance under any Purchase Order or these Terms and Conditions without the prior written consent of LA Golf, which LA Golf may withhold in its sole discretion.
12. Cancellation. Once Customer has entered in the Promo Code and has shipped the Product in useable condition, Customer shall not have the right to cancel or otherwise terminate this Agreement. Once LA Golf receives and accepts the shipped Product, neither Party shall have the right to cancel or otherwise terminate this Agreement. LA Golf reserves the right to cancel all or any part of the Purchase Order, without liability to LA Golf, if the Product is not in useable condition for a putter according to commonly-accepted uses and practices in the game of golf.
13. Disclaimer of Certain Damages and Limitation of Liability. CUSTOMER UNDERSTANDS AND AGREES THAT IN NO EVENT SHALL LA GOLF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS WITH LA GOLF PERSONNEL, ON ANY THEORY OF LIABILITY, RESULTING FROM THE OFFER OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS. UNDER NO CIRCUMSTANCES SHALL LA GOLF BE LIABLE TO YOU FOR MORE THAN THREE HUNDRED DOLLARS ($300) IN THE AGGREGATE.
14. Release. Customer shall release, defend, indemnify and hold LA Golf, its shareholders, officers, directors, employees, agents and representatives harmless from and against any claims, demands, causes of action, judgements, proceedings, awards, damages, losses, fines, penalties, costs, expenses and liabilities (collectively, “Losses”) arising out of the Purchase of the Product from Consumer. LA Golf shall have no duty to indemnify Customer for any reason not expressly undertaken in these Terms and Conditions, and in no event will LA Golf indemnify Customer for Customer’s acts, omissions, or negligence.
15. Severability. Any provision contained herein determined to be unenforceable, illegal or invalid shall be automatically voided and shall not affect the enforceability, legality or validity of the remaining provisions herein.
16. Relationship between the Parties. The relationship between Customer and LA Golf is solely that of independent contracting parties, and nothing in these Terms and Conditions or any Purchase Order shall be construed to create an employment, joint venture, partnership, or agency relationship between the Parties.