1. NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS CONTEST. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO, U.S. VIRGIN ISLANDS, U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. CONTEST PERIOD; ENTRY PERIODS. The 2013 Mizuno Golf “Play Famously” Contest (the “Contest”) begins March 7, 2013 at 12:00:01 AM Pacific Time and ends May 24, 2013 at 11:59:59 PM Pacific Time (the “Contest Period”). For purposes of these Official Rules, a “day” will run from 12:00:01 AM Pacific Time to 11:59:59 PM Pacific Time. Sponsor’sclock is the official time-keeping device for this Contest.
The Contest Period is divided into three (3) Contest judging periods (“Judging Periods”):
Judging Period #1
March 7, 2013 – March 27, 2013
Judging Period #2
March 28, 2013 – April 23, 2013
Judging Period #3
April 24, 2013 – May 24, 2013
3. ELIGIBILITY. The Contest is open only to legal residents of the 50 states of the United States and the District of Columbia who at time of entry are at least eighteen (18) years of age. (Proof of residency and age may be required.) Officers, directors, and employees (collectively, “employees”) of Mizuno USA, Inc. (“Sponsor”), Brand AMP, LLC (“Brand AMP”), McKinney Ventures, LLC (“McKinney”), Leader Enterprises, Inc. (“Leader”), and theirparents, subsidiaries, affiliated companies, agents, advertising and promotional agencies, those involved in the execution and administration of the Contest and the immediate family members (defined as parents, spouse, children, siblings, grandparents) of such employees, and all those with whom such employees are domiciled, are NOT eligible to enter or win. Professional golfers and those who play golf for a living are not eligible to enter or win.
Individuals who are (a) athletes at National Collegiate Athletic Association (“NCAA”) member institutions and certain other post secondary institutions or (b) high school athletes committed to NCAA member institutions and certain other post secondary colleges institutions (collectively, “College Athletes”) may be ineligible to enter or win this Contest according the rules and regulations of the NCAA, other inter-collegiate athletic associations and/or the post secondary institution the College Athlete attends (or is committed to attend). Any College Athlete who desires to enter this Contest should first consult with his/her post secondary institution’s compliance officer or athletic department director before entering. All winners of the Contest must agree to sign the Team JPX Agreement described in section 6 below and must participate in all required Team JPX activities. According to the United States Golf Association (the “USGA”), a winner of this Contest who is a golfer “of skill and reputation” will lose his/her amateur status during all such time that such winner is subject to the terms of the JPX Agreement and that Sponsor makes commercial use of such winner’s image; anyone concerned with maintaining his/her amateur status with the USGA should consult the USGA for an opinion prior to accepting any Contest prize. Sponsor, Brand AMP, Leader and McKinney make no representation as to the ability of any College Athlete to participate in this Contest or of any winner to maintain his/her amateur status, and are not responsible for, and hereby disclaim, any and all responsibilities, obligations, liabilities, claims and damages associated with a College Athlete’s/golf amateur’s decision to participate in this Contest or accept a Contest prize.
4. HOW TO ENTER. During the Contest Period, you can enter the Contest and become a contestant in the Contest (a “Contestant”) by visiting the Contest website at www.MizunoUSA.com/playfamously(the “Website”). You’re invited to visit an authorized Mizuno retailer and try out the new Mizuno Golf JPX 825 irons. After that, visit the Website during the Contest Period and complete the Contest entry form(the “Entry Form”) including your name, age, zip code, email address, your current handicap/index, the approximate number of rounds of golf you play each month, and the name/location of your “home golf course” (the one you play the most often). In order to complete your entry into the Contest, you must also submit an essay on the Website (an “Essay”), up to a maximum of 500 words, that meets the requirements described in Section 4(a) below and describes why you deserve to be a member of Mizuno’s “Team JPX,” a team of golfers passionate about the game of golf who are extremely dedicated to improving their games. In addition to your Essay, you may also (but are not required to) submit/upload up to three (3) photographs (“Photographs”) and/or one (1) video (a “Video”), depicting/describing why you deserve to be a Team JPX member.
For purposes of this Contest and these Official Rules, your “Entry” is, collectively, the information and materials submitted by you as a Contestant, including, without limitation, the information disclosed through the Entry Form, and the Essay, Photographs and/or Video submitted. Limit one (1) Entry per person and/or per email address. To be eligible to win a Grand Prize awarded for a particular Judging Period, your Entry must be received by 11:59:59 PM Pacific Time on the last day of that particular Judging Period. The last day for the submission of Entries is May 24, 2013.
Contestants are not required to purchase any Sponsor products to create an Entry. By entering and submitting an Entry, you (and if you are under the age of majority in your state of legal residence, your parent or legal guardian) agree that you have read and consent to be bound by these Official Rules. To be eligible for this Contest, your Entry must comply with all of the requirements of these Official Rules, including, without limitation, all of the requirements listed below in this Section 4:
(a) You must submit one (1) Essay as part of your Entry. Your Essay must succinctly describe/demonstrate (i) why you deserve to be a member of Team JPX, (ii) your passion for the game of golf, and (iii) your commitment to game improvement. Your Essay may be no more than 500 words in length (including, without limitation, words such as “I,” “a,” “and,” etc.), as determined by the Sponsor in its sole discretion.
(b) You may also submit up to three (3) Photographs and/or one (1) Video with your Essay. If you submit Photographs, each Photograph must be less than 5 MB in size and be in .jpg or .png format. If you submit a Video, your Video must be no more than 2 minutes in length, be less than 25 MB in size, and be in .mp4, .mov or .wmv format. (Note that any Photograph or Video that is not of satisfactory quality (i.e., brightness, focus, volume) to be viewed online may be rejected, at Sponsor’s sole discretion.)
(c) All Entries, Essays and Videos must be in English.
(d) Your Entry (including your Essay, Photographs and/or Video) must (i) be your own original work, created solely by you, and be the exclusive property of you alone; (ii) not have been previously published, released or distributed in any form; and (iii) not have won any prior awards or competitions.
(e) Entries may not contain, depict or reference any names, materials, products or services of any company or entity (other than Sponsor) or of any third parties, including, without limitation, any third party trademarks, logos, or trade dress. Any clothing, signs or other images visible in Videos or Photographs submitted should not contain any visible third party logos, drawings, cartoons, phrases, or trademarks.
(f) Entries may not in any way violate or infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Entries (including Photographs and Videos) may not contain look-alikes of celebrities or other public or private figures, living or deceased. Videos may not contain music of any kind.
(g) You may not be, nor may you work with parties in conjunction with your Entry who are, under any contractual relationship that may prevent Sponsor from being able to use the Entry worldwide in all media in perpetuity on a royalty-free basis, without any payment or fee obligations.
(h) Entries may not, as determined by Sponsor in Sponsor’s sole discretion include, contain, depict or discuss: (i) any illegal, immoral, obscene, profane, lewd, inappropriate, disparaging, libelous, defamatory or offensive material; (ii) any content unsuitable for broadcast, publishing, posting or reproducing (including, but not limited to, nudity, pornography, profanity, or the incorporation of drugs or alcohol); (iii) any racial, ethnic, religious, or sexual derogatory characterizations or slurs; (iv) any threats to any person, place, business, group or world peace, or (v) any material that features, suggests and/or promotes violence or dangerous activities that may result in injury to yourself or others. Entries may not have been dangerous or unsafe to make.
(i) Entries may not contain any content or performance that has been broadcast or streamed, published or televised on television, or as part of a recording or a motion picture film or television program.
(j) Entries may not violate any laws, regulations or applicable network or publishing/posting standards, and shall not promote any product or service other than those owned by Sponsor.
(k) Entries may not contain, show, depict or discuss any personally identifiable information or the names, likeness, or image of any person other than yourself. (Therefore, your Entry may not contain the names, likenesses, voices or other indicia identifying any other persons, including, without limitation, celebrities or other public or private figures, living or deceased.) If any other such persons appear or are referred to in your Entry, you are solely responsible for obtaining, prior to submitting your Entry, any and all releases and consents necessary to permit the exhibition and use of the third party’s name/information and/or use of the Photographs or Video in accordance with these Official Rules, and by submitting, you (and if you are under the age of majority in your state of residence, your parent/legal guardian) represent to Sponsor that you have obtained same. If requested, you must be able to provide such releases and consents in a form acceptable to Sponsor. If any person appearing or referenced in an Essay, Photograph or Video is under the age of majority in their state of residence, the signature of a parent or legal guardian is required on each release and consent. You acknowledge and agree that any personally identifiable information about yourself in your Entry is non-proprietary and non-confidential, and may be disclosed publicly, and you are solely responsible for any consequences thereof.
(l) Contestants may not copy or otherwise plagiarize Entry materials from any source. Modifying, enhancing or altering a pre-existing work does not qualify as an original creation or submission.
(m) Entries may not convey or communicate any message inconsistent with the positive brand, reputation for wholesomeness or good will of Sponsor.
(n) You must fully complete the Entry Form. Any illegible, unintelligible, garbled, incomplete, or non-complying Entries are not permitted and will be rejected.
Sponsor reserves the right in its sole and unfettered discretion to reject or disqualify any Entry for any reason, including any Entry that Sponsor believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Contestant acknowledges and agrees that once submitted, the Entry may be posted on the Website, social networking sites and any websites controlled or operated by Sponsor or its affiliates, divisions or subsidiaries. Whether a submitted Entry is ever used or posted by Sponsor on the Website or any social media site or otherwise presented for viewing by the public is in the sole and absolute discretion of Sponsor. The decisions of Sponsor on this and all matters pertaining to the Contest shall be final and binding.
Please note that you may not be sent confirmation of receipt of an Entry; in the event that your Entry is acknowledged in any way following submission, such acknowledgement does not constitute any representation by Sponsor as to the eligibility of your Entry. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. The submission of an Entry is solely the responsibility of the Contestant, and all internet access and usage charges are the responsibility of the Contestant.
In the event of a dispute over the identity of a Contestant, the winner will be the Authorized Account Holder of the e-mail address submitted on the Entry Form. “Authorized Account Holder” shall be deemed to mean the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatic, programmed, robotic or similar means of entry are permitted.
For a copy of these Official Rules, please print them from the Website, or send a stamped, self-addressed envelope to: 2013 Mizuno Golf “Play Famously” Contest Official Rules, 3030 Old Ranch Pkwy., Suite 300, Seal Beach, CA 90740, by May 24, 2013. (Vermont residents may omit return postage.)
5. JUDGING AND DETERMINATION OF WINNERS. All Entries must meet the Contest entry requirements described in these Official Rules. Eligible Entries will be judged by a panel of independent, qualified judges appointed by Sponsor, which may consist of representatives from Sponsor, Brand AMP, McKinney and other organizations. Contest judging determinations are in the sole and absolute discretion of the judges, and such decisions and determinations are not subject to further review or appeal by Contestants. Because of the unique nature and scope of the Contest, Sponsor cannot accurately predict the number of Contestants who will participate in the Contest. Odds of winning depend on the nature, quality and number of eligible Entries received during the Contest Period (and for eachJudging Period).
Preliminary Judging. The judges will periodically review eligible Entries as they are submitted in the “Preliminary Judging,” where each judge will award up to a total of 100 points for an Entry according to the following judging criteria and point award method (the “Preliminary Judging Criteria”): (i) skill and creativity in describing/depicting why the Contestant should be a Team JPX member (0-40 points); (ii) demonstrated passion for the game of golf (0-30 points); and (iii) demonstrated commitment to improvement in golf game (0-30 points). The overall total score received for an Entry from the judges in the Preliminary Judging is referred to as that Entry’s “Preliminary Score.” All eligible Entries received will be judged in the Preliminary Judging at least one time during the Judging Period in which they are received.
At the end of each Judging Period, the Contestants with Entries receiving the highest Preliminary Scores for such Judging Period will be deemed the Judging Period finalists (the “Finalists”) for that particular Judging Period. One Contest judge (the “Interview Judge”) will then contact each Finalist and conduct a telephone interview with each Finalist (an “Interview”). The Interview Judge will judge the quality of each Interview and will award up to a total of 100 points for each Finalist Interview (the “Interview Score”). A Finalist’s Interview Score will be added to such Finalist’s Preliminary Score to obtain that Finalist’s “Total Finalist Score.” The Grand Prizes available for a particular Judging Period will be awarded based on a ranking of the highest Total Finalist Scores for such Judging Period.
In the event of a tie among Entries for a Finalist position or for a Grand Prize, the judges will re-judge the tied Entries using the Preliminary Judging Criteria, until such time as the Finalist position or Grand Prize winner is determined.
Assuming that there are a sufficient number of qualified, eligible Entries received in the overall Contest Period, Sponsor will award a total of eleven (11) Grand Prizes. Sponsor will award the eleven (11) Grand Prizes according to the following schedule: (i) the three (3) Finalists with the highest Total Finalist Scores following the close of the 1st Judging Period will each receive a Grand Prize; (ii) the four (4) Finalists with the highest Total Finalist Scores following the close of the 2nd Judging Period will each receive a Grand Prize; and (iii) the four (4) Finalists with the highest Total Finalist Scores following the close of the 3rd Judging Period will each receive a Grand Prize.
All non-winning Entries received in a particular Judging Period will be carried over and considered in the following Judging Period(s); however, Grand Prize winning Entries will not be carried over or considered for additional prizes. Limit one (1) Grand Prize per Contestant. In the event that Sponsor receives less than the minimum number of eligible Entries required to award all of the available Grand Prizes for a particular Judging Period, any un-awarded Grand Prizes will be carried over and available for award in the following Judging Period. In the event that Sponsor receives less than the minimum number of eligible Entries required in order to award all of the Grand Prizes available for the overall Contest Period, such prizes will remain un-awarded.
6. WINNER NOTIFICATION. Potential winners must comply with all of the terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. Potential winners will be notified by phone, email or mail. Because of the need for Sponsor to timely announce the prize winners, if any potential winner notification is returned as undeliverable, or if potential winner does not respond to notification within five (5) days of the date of prize notification, prize may be forfeited at Sponsor’s sole discretion, and the Contestant with the next highest score will become an alternate winner.
Potential Grand Prize winners will be required to sign and return a notarized Affidavit of Eligibility/Ownership/Liability Release and Copyright Assignment, Publicity Release and Team JPX Agreement (collectively, a “Team JPX Agreement”) within five (5) days of the date of prize notification in order to receive prize. Through the Team JPX Agreement, each potential Grand Prize winner, among other things: (i) covenants and agrees to participate in all required activities as a Team JPX member, including, without limitation, participating in the Mizuno JPX Invitational golf tournament and in certain required promotional activities; and (ii) agrees to publicizewinner’s preparation for the Mizuno JPX Invitational, to participate in various video shoots and interviews, and to promote the Mizuno JPX Invitationaltournament and Mizuno as required by the Team JPX Agreement; (iii) grants a publicity release to Sponsor(as permitted by law); and (iv) agrees to represent Sponsor favorably as a member of Team JPX and to behave in such manner so as ensure that Sponsor’s use of such person in advertising or publicity will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor as determined by Sponsor in its sole discretion. (If any potential winner is under the age of majority in their state of legal residence, the Team JPX Agreement must be executed on potential winner’s behalf by a parent or legal guardian). In the event that the names, likeness, voices, image or personal information of any third parties appear in a potential winner’s Entry, such potential winner will be required to provide a signed release and assignment of rights from each person named, heard, shown or otherwise discussed in the Entry (and in the case of minors, from the minor’s parent or legal guardian) within five (5) days of the date of prize notification. In the event of non-compliance with any of these requirements, the prize will be forfeited and the Contestant with the next highest score may be selected as an alternate winner. Unclaimed prizes and/or forfeited prizes may not be awarded.
If Sponsor so elects, a potential Grand Prize winner may be required to submit to, and cooperate in, a confidential background check to confirm eligibility as a Team JPX member and to help ensure that the use of any such person in the required advertising, publicity and promotional activities of Sponsor will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor as determined by Sponsor in its sole discretion. If requested, potential Grand Prize winner (and if potential winner is a minor, potential winner’s parent or legal guardian) will agree to such background check and understands and agrees that Sponsor may disqualify such person based on the results of the background check. In the event of such disqualification, the prize will be forfeited and Sponsor may, in its sole discretion, award prize to the Contestant with the next highest score.
7. PRIZES. Assuming that there are a sufficient number of qualified, eligible Entries received in the overall Contest Period, Sponsor will award a total of eleven (11) Grand Prizes in the Contest.
Grand Prizeconsists of a position on Team JPX and a trip for Grand Prize winner and one (1) guest to Atlanta, Georgia for 4days/3nights on 9/14/13- 9/17/13 during which winner will compete (and guest may caddie for winner) in the Mizuno Amateur Staff Championship, a/k/a the “Mizuno JPX Invitational.” Grand Prize specifically includes: (i) round-trip, coach-class air transportation for two to Atlanta from the closest major airport to the winner’s home address (determined by Sponsor in its sole discretion); (ii) transportation in Atlanta during trip; (iii) one (1) room hotel accommodations (double occupancy) for three nights; (iv) video swing instructions and video analysis of swing for winner by Dr. Gary Wiren; (v) a set of Mizuno JPX golf clubs (includinga set of JPX-825 irons, a JPX-825 driver, a JPX-825 fairway wood, a JPX-825 Hybrid club, and two JPX wedges) for winner; (vi) a custom club fitting (for JPX-825 irons)for winner; (vii) one (1) Mizuno staff golf club bagfor winner; (viii) a season’s worth of Mizuno Golf Apparel for winner (including 6 Mizuno golf shirts, 12 pairs of Mizuno golf gloves, 6 pieces of Mizuno headwear, a Mizuno Warmalite ¼ zip pullover, a Mizuno leather belt, and a Mizuno Tour umbrella and towel); (ix) the opportunity for winner to participate as a contestant (and winner’s guest to participate as a caddie) in the Mizuno JPX Invitational (weather permitting); and (x) the opportunity for winner to serve as a member of Team JPX and to participate in the Team JPX activities (described more fully in the Team JPX Agreement). Total approximate retail value (“ARV”) of Grand Prize: $7,000.00; actual value may vary based on airfare and hotel fluctuations. (The opportunity to participate in the Mizuno JPX Invitational and to serve as a member of Team JPX has no cash value.)
Grand Prize winner and winner’s guest must be available to travel on actual dates set for tripby Sponsor, or winner will forfeit Grand Prize in its entirety and an alternate Grand Prize winner will be selected. Grand Prize winner’s guest will be required to sign and return a liability release not less than 14 days before departure date or will not be permitted to accompany winner on trip. If Grand Prize winner’s guest is a minor, parent or legal guardian must sign and return release not less than 14 days before departure date and must accompany minor on trip (which cost is not provided as part of prize). No additional compensation will be provided in the event that Grand Prize winner elects not to invite a guest to accompany winner on trip. Grand Prize winner and winner’s guest must travel on the same itinerary, and are responsible for providing all required identification and travel documents and complying with all applicable security requirements. In the event of non-compliance with any of these requirements, the Grand Prize will be forfeited in its entirety and Sponsor may, at its sole discretion, award the prize to an alternate winner. If Grand Prize winner and guest cannot travel on trip for any reason whatsoever after all travel arrangements are made, Grand Prize winner will forfeit prize and Sponsor may at its sole discretion award the prize to an alternate winner.
In the event that Grand Prize winner resides within 200 miles of Atlanta, Georgia, ground transportation may be provided to such winner in the lieu of air travel and no additional compensation will be provided for travel to and from destination as part of trip portion of prize. In the event that the Mizuno JPX Invitational is postponed or canceled, including because of weather, Sponsor will not be responsible for awarding that portion of the prize and no substitution or compensation will be provided. The remainder of the Grand Prize will be awarded. In the event that Dr. Gary Wiren becomes unavailable for any reason out of Sponsor’s control, Sponsor reserves the right to substitute another person or persons in order to fulfill swing instructions portion of the prize, in Sponsor’s sole discretion.
Prizes (and any portion(s) thereof) are non-transferable. Unless otherwise specifically provided for herein, all taxes or expenses, including, without limitation, expenses associated with the Grand Prize not specified hereinas part of Grand Prize (such as gratuities, incidental charges, surcharges, personal expenses, insurance, telephone charges, and other transportation costs), sales tax, luxury tax, and any other costs incurred in claiming or using any of the prizes, are the sole responsibility of the prize winner. No prize substitution or cash equivalent of prize, except at Sponsor’s sole discretion, and then only for a prize of equal or greater value. Any difference between the actual value of any prize and the approximate retail value set forth in these Official Rules may not be claimed and will not be awarded.
8. GENERAL CONDITIONS. Contest is subject to all applicable federal, state, and local laws and regulations. By entering, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) agrees: (i) to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects; (ii) that Contestant’s Entry cannot be used by Contestant (or third parties) for any commercial purpose other than to enter this Contest; (iii) to be contacted by Sponsor by mail, email or telephone; and (iv) to participate in all applicable post-winning activities as set forth in these Official Rules. By entering the Contest, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) further agrees that Sponsor and any of its designees may post, publish and use all or any part of Contestant’s Entry (and if Contestant is a prize winner, use Contestant’s name, voice, likeness, image, statements, biographical data, address (city and state only) and prize information) in any and all media now existing or hereafter devised for illustration, promotion, art, editorial, advertising, trade or any other purpose whatsoever, in perpetuity, without attribution, notification, compensation or consents (except where prohibited by law), and Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) hereby releases Sponsor, Brand AMP, McKinney, Leader, and their respective parent companies, subsidiaries, affiliated entities, shareholders, members, managers, officers, printers, distributors, and advertising agencies, and their employees, agents, representatives and consultants (collectively, the “Released Parties”) from any liability with respect thereto.
Sponsor reserves the right, in its sole discretion, to: (i) disqualify from this or any contest it sponsors, now or in the future, any person it finds, in its sole discretion, has violated these Official Rules, entered or attempted to enter the Contest more than the permitted number of times through the use of multiple email addresses or any other device or means, or tampered with the entry process, the operation of the Contest, or any other aspect of this Contest; and (ii) modify, cancel or suspend part or all of this Contest in the event that human or technical occur in the administration of this Contest or the processing of Entries, or other errors, printing errors, tampering, fraud, unauthorized intervention, technical failure, or other causes beyond Sponsor’s control, corrupt or impair the administration, security, fairness or proper play of the Contest. In such event, or in the event the Contest is cancelled, suspended or discontinued for any reason, Sponsor may judge and award prizes based on Contest information collected up to the time of Contest cancellation or suspension. Sponsor reserves the right, in its sole discretion, to extend the Contest Period in the event that Sponsor receives an insufficient number of qualified Entries in the Contest (as determined by Sponsor in its sole and absolute discretion).
The Released Parties shall not have any obligation or responsibility, including any responsibility to award any prizes to Contestants, with regard to: (i) Entries that contain inaccurate information or do not comply with or violate these Official Rules; (ii) Entries or prize claims or notifications that are lost, late, unintelligible, damaged, delayed, destroyed, misdirected, garbled, incomplete, illegible or are otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (iii) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alternation of, Entries, or any incorrect or inaccurate transcription of entry information; (iv) Contestants who have committed fraud or deception in entering or participating in the Contest or in claiming any prize; (v) any problems or technical malfunctions of the Contest, the Website, or of any telephone or communications network or lines, computer on-line systems, servers or providers, computer equipment, software, or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to Contestant’s or any other person’s computer related to or resulting from participation or downloading any materials related to this Contest; (vi) any inability of a winner to accept a prize for any reason; (vii) early termination of the Contest, or the inability to award any prize, in the event Sponsor receives fewer than the number of qualified Entries necessary (as determined by Sponsor in its sole and absolute discretion) to award such prize; or (viii) the inability to award all or any part of a prize due to errors, delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control.
By entering and/or participating in this Contest, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) releases and agrees to indemnify and hold harmless the Released Parties from any and all liability for any accident, loss, tax liability, injury, death or damage of any kind, arising from Contestant’s participation in this Contest or in any Contest related activity, or resulting from acceptance, possession, use or misuse of any prize, or while traveling to and/or from a location as part of or to obtain or use a prize. Contestants and prize winners acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates.
9. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION. By entering this Contest, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) represents and warrants as follows: (i) the Entry is the Contestant’s sole, original work, and Contestant holds the sole and exclusive rights to the Entry; (ii) the Entry was created solely by the Contestant for the purpose of entering the Contest; (iii) no part of the Entry has been previously published, distributed or otherwise exploited; (iv) the Entry does not and will not violate or infringe upon the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (v) the Entry does not contain any computer virus and is otherwise uncorrupted; (vi) the Entry does not and will not violate any applicable laws or applicable publishing/posting standards or requirements; (vii) the Entry is not and will not be defamatory or libelous, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (viii) any person appearing or otherwise identified in the Entry consents (or if a minor, has the consent of his/her parent/legal guardian) to the Entry and its use in the Contest and as otherwise set forth in these Official Rules; and (ix) the Entry otherwise complies with all of the requirements and conditions of the Official Rules, including, without limitation, all those requirements and conditions listed in section 4 of these Official Rules.
Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) hereby agrees to indemnify and hold the Released Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating, in whole or in part, directly or indirectly, to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Contestant hereunder. If Contestant is a minor in his or her state of legal residence and is selected as a potential winner, prior to issuance of any prize, Contestant’s parent or legal guardian will be required to acknowledge all of the foregoing in writing on the minor’s behalf and will be required to further acknowledge that the minor and parent/legal guardian shall be bound thereby.
10. GRANT OF RIGHTS. By entering, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) irrevocably grants Sponsor, its subsidiaries, divisions, affiliates, and advertising and promotional agencies, an unlimited, worldwide, perpetual, non-exclusive, royalty-free, unconditional license and absolute right to edit, modify, adapt, distribute, stream, post, publish, broadcast, reproduce, store, copy, transmit, publicly display, exhibit, exploit and/or otherwise use the Entry (including the Essay, Photographs and/or Video) in whole or in part, and copyrights therein, in any way and in any and all media now known or later invented, in Sponsor’s sole discretion, including but not limited to, the posting of the Entry (in whole or in part) on the Website, social networking sites or any websites controlled or operated by Sponsor or its affiliates, divisions or subsidiaries. Upon Sponsor’s request, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) agrees to sign any and all legal forms deemed necessary by Sponsor to irrevocably assign, convey and transfer to Sponsor any and all right, title and interest in and to the Entry, including without limitation, all copyrights associated therewith, or that Sponsor may otherwise reasonably require in order to effectuate the purposes and intents of these Official Rules.
11. DISPUTE RESOLUTION. Any and all disputes with respect to this Contest will be resolved in the appropriate courts in the State of Georgia exclusively, and subject to the laws of the State of Georgia, without regard to conflicts of laws principles. Should there be a conflict between the laws of the State of Georgia and any other laws, the conflict will be resolved in favor of the laws of the State of Georgia. By entering, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) consents to the jurisdiction and venue of the federal, state and local courts located in/for Gwinnett County, Georgia. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision. Except where prohibited, by entering this Contest, Contestant (and if Contestant is under the age of majority in their state of legal residence, Contestant’s parent or legal guardian) agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys’ fees; and (iii) under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim, punitive damages, incidental damages, consequential damages or any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. (NOTE: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above may not apply to you.)
12. WARNING. Any attempt by CONTESTANT or any other person to deliberately undermine the legitimate operation OF THE WEBSITE OR OF this CONTEST may be a violation of criminal and civil laws, and should such an attempt be made, SPONSOR reserveS the right to seek remedies and damages (including attorneys’ fees) from any such CONTESTant or OTHER person to the fullest extent permitted by law, including seeking criminal prosecution.
13. SPONSOR. Sponsor: Mizuno USA, Inc., 4925 Avalon Ridge Parkway, Norcross, Georgia 30071.
14. WINNERS LIST. For names of prize winners, send a self-addressed, stamped, business-size envelope to: 2013 Mizuno Golf “Play Famously” Contest Winners List, 3030 Old Ranch Pkwy., Suite 300, Seal Beach, CA 90740, by November 30, 2013. Information regarding scores awarded for Entries will not be available.