SWEEPSTAKES TERMS AND CONDITIONS
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Without limitation, this contract includes INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND a limitation of your rights and remedies. As more fully detailed below, you agree that all disputes associated with this Sweepstakes will be decided by binding arbitration (found in Rule 12).
THE SPONSOR
These sweepstakes (the “Sweepstakes”) are sponsored by LIV Golf Incorporated, a Delaware corporation, with a mailing address at 222 Lakeview Avenue, West Palm Beach, Florida 33401 (the “Sponsor”). By applying to enter these Sweepstakes, Entrant, as defined below, acknowledges that he or she has read, understood, and voluntarily agrees to unconditionally accept and abide by these terms and conditions (the “Terms and Conditions”) in their entirety.
THE COMPETITION
2.1 The title of the competition is “Brooks Koepka Autograph Item Sweepstakes”.
2.2 Purchase a Grounds, Birdie Shack or Gallery Club ticket for the LIV Golf Miami 2023 event scheduled to take place on October 20 - 22, 2023 (the “Event”) between September 28 – October 2, 2023 to be entered into a prize draw to win an autographed item from Brooks Koepka (the “Prize”).
HOW TO ENTER
3.1 The competition will run from 1:00 p.m. EST on September 28, 2023 (the “Opening Date”) to 11:59 p.m. EST on October 2, 2023 (the “Closing Date”).
3.2 Enter the competition by purchasing a ticket to the Event by the Closing Date. If a purchase is not completed by the Closing Date for any reason, no entry will be recorded. To enter without purchasing a ticket, manually print in ink your full name and email address on a postcard or in a letter and post to: Ticketing Department, LIV Golf, 32nd Floor 10 Grand Central, 155 East 44th Street, New York, New York 10017. Such postal entry must be postmarked by the Closing Date and received by the Sponsor by October 9, 2023 (the “AMOE Received By Date”) to be randomly entered into the prize draw. If a mail-in entry is received after the AMOE Received By Date, no entry will be recorded. No other method of entry will be accepted including entries delivered by hand. An eligible individual who attempts to enter the Sweepstakes is hereafter referred to as an “Entrant”.
3.3 No purchase necessary to enter or win, and a purchase will not increase an Entrant’s chances of winning. An Entrant’s odds of winning depend on the total number of eligible entries received. Entrants are not required to opt-in to Sponsor’s marketing database to enter the Sweepstakes.
3.4 The Sponsor will not accept:
(a) responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of entry to the competition.
3.5 Five winners will be drawn at random from all valid entries received by the Closing Date or AMOE Received By Date (as applicable). Subject to verification of eligibility and compliance with these Terms and Conditions, the potential winner will be declared the official winner of the competition (the “Winner”).
ELIGIBILITY
4.1 The Sweepstakes is only open to all residents of the 50 United States and the District of Columbia aged 18 years (except in the case of residents of jurisdictions where the legal age of majority is greater than 18 years, such legal age of majority) or over, except:
employees, directors and officers of the Sponsor or its holding or subsidiary companies;
employees, directors and officers of agents or suppliers of the Sponsor or its holding or subsidiary companies, who are professionally connected with the competition or its administration; and
(c) members of the immediate families (including spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) or households of (a) and (b) above.
5. ENTRY CONDITIONS
5.1 In entering the Sweepstakes, Entrant confirms that Entrant is eligible to do so and eligible to claim any Prize that Entrant may win. The Sponsor may require Entrant to provide proof that Entrant is eligible to enter the competition.
5.2 The Sponsor will not accept competition entries that are:
automatically generated by computer; or
(b) completed by third parties or in bulk.
5.3 There is a limit of one entry per person and additional entries will be void. Entries on behalf of another person will not be accepted and joint submissions are not allowed.
5.4 The Sponsor reserves all rights to disqualify an Entrant if the Entrant’s conduct is contrary to the spirit or intention of the prize competition.
5.5 The competition is subject to all applicable laws, rules, and regulations. The competition is void outside the eligible territory set out above and where prohibited or restricted by law, rule, or regulation.
6. THE PRIZE
6.1 The Prize is an autographed item from Brooks Koepka for the Winner. The Prize has no approximate retail value.
6.2 For the avoidance of doubt, the Prize does not include a ticket for entry to the Event where the Winner (i) has not purchased tickets to enter the prize draw and has entered by post, or (ii) has purchased a ticket for an alternative day of the Event.
6.3 Prizes are subject to availability. The Sponsor is not responsible for cancellation or pre-emption of the artist’s attendance or for other circumstances that make it impractical or impossible to fulfil this element of the Prize. The Sponsor reserves the right to substitute the Prize with a Prize of equal or greater value.
6.4 The Prize is not negotiable or transferable or redeemable for cash. Winners are strictly prohibited from selling their Prizes to any other person.
6.5 Travel and accommodation are not included in the Prize and the Sponsor accepts no responsibility for any costs associated with any Prize which are not specifically included in that Prize, including, without limitation, meals, personal expenses, insurance and travel expenses.
6.6 Use of any ticket to Sponsor’s event is subject to the standard terms, conditions, and health and safety policies applicable to the ticket; see https://www.livgolf.com/ticket-terms-conditions for details.
6.7 The Winner agrees to comply with the conditions of entry and all health and safety policies applicable at the venue at which the event is hosted, and shall ensure that those attending with them as Winner’s guest do so. Winner and/or guest who are rude, abusive or deemed otherwise unsuitable by the Sponsor may be excluded from the competition or required to leave to leave any venue.
6.8 Winner is fully responsible for any and all applicable taxes (including income and withholding taxes) in respect of the Prize and the Sweepstakes.
7. WINNERS
7.1 Each Participant agrees that the decision of the Sponsor is final, binding and conclusive in all matters related to the Sweepstakes.
7.2 The Sponsor will contact the potential Winner personally as soon as practicable after selection, using the email address provided when purchasing the ticket(s) or as part of the competition entry for postal entries. The Sponsor will not amend any contact information following the ticket purchase or competition entry has been submitted (as applicable).
7.3 To obtain the list of Winners, please email tickets@livgolf.com within one month after the Closing Date of the competition. The list will be available when the Sweepstakes is officially over, and the Prizes have been verified and awarded.
7.4 By entering the Sweepstakes (i.e., buying a ticket or posting an entry) Entrant grants to Sponsor and its designees, in perpetuity the right to use, reproduce, distribute, and display, Entrant’s name, portrait, picture, likeness, image or statements about the Sweepstakes, for any purpose whatsoever, throughout the universe, including, but without limitation, in connection with the Sweepstakes, and related advertising, marketing, promotion, merchandising, as well as in connection with any other media or technology (including, without limitation, Internet protocol, wireless or interactive platforms or interfaces) through which Sponsor or its designees may distribute content to end users, whether now existing or hereafter developed.
7.5 Winner’s guest must be of legal age of majority in their jurisdiction(s) of residence.
8. CLAIMING THE PRIZE
8.1 Details of the Prize will be confirmed to Winner that has accepted the Prize in accordance with clause 8.3 by October 16, 2023.
8.2 The Prize may not be claimed by a third party on your behalf.
8.3 The Sponsor will make reasonable efforts to contact the potential Winners. If a potential Winner cannot be contacted or is not available, refuses the Prize, is ineligible to receive the Prize, or has not claimed their Prize within 24 hours of the attempted notification, the Sponsor reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.
8.4 The Sponsor is not responsible if a potential Winner is not able to take up the Prize.
8.5 The potential Winner may be required to submit their valid social security number and/or other documentation or identification to Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Prize claim documents will be sent to the potential Winner via email and/or mail. The Prize claim documents for the potential Winner may also include a declaration of eligibility/release of liability/Prize acceptance and publicity release (where permitted by law), a guest release form and any other documentation reasonably requested by Sponsor, all of which the potential Winner must complete and return within seven days of the date the Prize claim documents are sent to the potential Winner.
8.6 Failure to meet the eligibility criteria of the Sweepstakes or submit any documentation and/or identification required may result in the potential Winner’s disqualification and prize forfeiture and, in such circumstances, the Sponsor reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received before the Closing Date.
8.7 The Sponsor reserves the right, in its sole discretion, to modify, suspend, extend, or cancel the Sweepstakes (or any portion thereof) in the event the Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond the Sponsor’s control. The Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines, in its sole discretion, that the Sweepstakes materials and/or Prize claim document is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors have destroyed or undermined the proper entry, integrity, and/or feasibility of the Sweepstakes.
9. DATA PROTECTION AND PUBLICITY
9.1 The Sponsor will process Entrant’s personal information as set out in the Sponsor’s Privacy Policy at https://www.livgolf.com/privacy-policy. By entering this Sweepstake, Entrant grants the Sponsor and its designees permission to share Entrant’s email address and any other personally identifiable information with its affiliates and third party agencies for the purpose of selecting Winners and facilitating Prizes.
10. GENERAL
10.1 If there is any reason to believe that there has been a breach of these Terms and Conditions, the Sponsor may, at its sole discretion, reserve the right to exclude an Entrant from participating in the Sweepstakes.
10.2 The Sponsor reserves the right to hold void, suspend, cancel, or amend the Sweepstakes where it becomes necessary to do so.
10.3 Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. While Sponsor may take action against fraudulent activities of which they become aware, Sponsor assumes no responsibility or obligation to proactively police Entrants’ activities, or to investigate any or all claims of fraudulent activity. Sponsor’s failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.
10.4 Sponsor will not be required to correspond with Entrants.
11. DISCLAIMER OF WARRANTIES
11.1 To the fullest extent permitted by applicable law, the Sponsor makes no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize in connection with the Sweepstakes. Without limiting the generality of the foregoing, such prizes are provided "as is" without warranty of any kind, either express or implied, and, to the fullest extent permitted by applicable law, the Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.
12. RELEASE AND CONDITIONS OF PARTICIPATION
12.1 Important: By participating in the Sweepstakes, each Entrant hereby releases and agrees to hold the Sponsor, its affiliates, Prize partners, developers, licensors, digital/advertising/promotion agencies, and all of their shareholders, officers, directors, agents, representatives and employees (the “Sweepstakes Entities”) harmless from and against any and all costs, injuries, losses or damages of any kind, including, without limitation, property damage, death and bodily injury (whether due to negligence or otherwise), due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of any Prize.
12.2 By submitting an entry, Entrant agrees that:
(a) Under no circumstances will Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased, against any Sweepstakes Entity.
(b) Entrant waives any right to claim ambiguity in these Terms and Conditions.
(c) Entrant acknowledges and agrees that the Sweepstakes Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:
(i) Incomplete, lost, late, or misdirected entries, or for failure to receive entries due to any cause, including, without limitation, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with Entrant, with the Sweepstakes Entities or otherwise, that may limit Entrant’s ability to participate in the Sweepstakes;
(ii) Incorrect or inaccurate information whether caused by Internet users, or by any equipment or programming associated with or utilized in connection with the entry (and the Sweepstakes Entities assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking);
(iii) Any injury or damage resulting from participation in the Sweepstakes (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or
(iv) Any claim by Entrant for defamation or portrayal in a false light.
(d) The Sweepstakes Entities assume no responsibility for any damage to Entrant’s computer system, which is occasioned by accessing the website or social media pages, or submitting an entry, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
13. GOVERNING LAW
13.1 These terms and conditions shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
14. ARBITRATION
14.1 By participating in this Sweepstakes, each Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any benefits received, or the administration of the Sweepstakes not resolved through internal adjudication shall be resolved individually, exclusively by arbitration, to take place in the State of New York pursuant to the Rules of the American Arbitration Association, then effective. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.