[Lamkin / The Sand Trap Facebook Sweepstakes]
Sponsored by [Lamkin] and (“Sponsors”).
NO ENTRY FEE. NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. [Entry deadline is October 31, 2012.] [Sweepstakes begins on [October 22, 2012] and end on [October 31, 2012].
1. Eligibility: The Lamkin / The Sand Trap Facebook Sweepstakes (the “Sweepstakes”) is open to legal residents of the U.S. [(excluding New York, Florida, Rhode Island, Puerto Rico and Quebec)], eighteen (18) or older, as of the date of entry, who have an active e-mail account and Internet access as of the beginning of the Sweepstakes period. Entrants under the age of 18 must have permission from their parents or legal guardians to participate. Employees of Sponsors and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsors through an outsourcer or temporary employment agency during the Sweepstakes period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). VOID WHERE PROHIBITED.
2. To Enter: You may enter the Sweepstakes in one of two ways:
(a) To enter online, Fill out the gateway entry form: http://www.huddler.com/lamkin/lamkin.html
No mechanically reproduced entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods.
[Only one entry per person, household and/or e-mail address is permitted, regardless of method of entry. Entrants submitting multiple entries or violating any of these Official Rules may be disqualified.]
3. Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing, to be held on or around [at least 7 days after online deadline] at the Lamkin offices 6530 Gateway Park Drive, San Diego, CA. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. The [Grand Prize] Winner will be selected at random from among all eligible entries received. Winners will be notified by e-mail.
Winners will be notified by e-mail.
4. Prizes and Odds: The prizes to be awarded from the Sweepstakes are as follows:
(a) One (1) First Place Prize: set of Lamkin grips and one putter grip (14 grips total) retail value of approximately $70 (US) per winner.
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsors for a prize of equal or greater value. Sponsors will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
Total value of all prizes to be awarded: $70 (U.S.).
5. Notification of Winners: Winners will be notified by e-mail within [five (5)] business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within [seven (7)] days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
6. General Rules: By entering the Sweepstakes, you agree to be bound by these Official Rules. The Sweepstakes is offered by Sponsors, 6530 Gateway Park Drive, San Diego, CA, which are not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By entering the Sweepstakes, You further agree to release, indemnify, defend and hold Sponsors, The Sand Trap, Huddler.com and their parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsors’ control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. Winners agree to be bound by these Official Rules, and Sponsor’s decisions in all respects relative to the Sweepstakes are final.
In no event will SponsorS, The Sand Trap, or huddler.com be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) arising out of or in connection with your participation in the SWEEPSTAKES, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not SponsorS HAVE been advised of the possibility of such loss or damage. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. Additional Conditions: Except where prohibited, by participating in the Sweepstakes and/or] winning any prize, [entrant/winner] consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant/winner for advertising and promotional purposes, including without limitation, inclusion in Sponsors’ newsletters, the Sweepstakes website at [http://thesandtrap.com/ and http://www.facebook.com/thesandtrapgolf] and Sponsors’ homepages at [http://www.facebook.com/lamkingrips] [http://www.lamkingrips.com/], without additional compensation. All entries become property of Sponsor and none will be acknowledged or returned. Allow 6-8 weeks for delivery of prizes.
Sponsors reserve the right, in their sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Sponsors reserve the right to disqualify any entrant or winner, as determined by Sponsors, in their sole discretion. The Sweepstakes are subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in these Sweepstakes, you acknowledge that you have read these official Rules and agree to abide by them and by the decisions of Sponsors, which are final and binding on all matters pertaining to the Sweepstakes. These Official Rules are governed by the law of the State of California, excluding rules governing choice of laws.
LAWSUITS: Any action, suit or case arising out of, or in connection with, this Sweepstakes or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in Santa Clara County, California.
ARBITRATION: Except where prohibited, as a condition of participating in the Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with the Sweepstakes, any prizes awarded or the determination of winners, shall be resolved individually, [without resort to any form of class action], and exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective, in Santa Clara County, California. Further, in any such dispute, claim or cause of action, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim indirect, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering the Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
8. Winner’s List, Official Rules: For a list of prize winners or a copy of these Official Rules, send your request and a stamped, self-addressed envelope to Lamkin / The Sand Trap Facebook Sweepstakes, 525 Market St, Ste 200, San Francisco, CA.
9. Sponsors Addresses: 6530 Gateway Park Drive, San Diego, CA.