Terms Of Use
Overview
This website is operated by Rapsodo Pte Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Rapsodo Pte Ltd. Rapsodo Pte Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are job seekers, employers, recruiters, agencies, browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 –Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our site or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 –General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 –Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 –Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service
SECTION 5 –Products Or Services
Certain products or services may be available exclusively online through the website. These products or services are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products, Services or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 –Warranty, Return And Refund Policy
If your delivery is incomplete or damaged in transportation, please contact without delay our customer service support-intl@rapsodo.com or call 844.772.7763 (Toll Free Number USA) for assistance.
Rapsodo offers a thirty (30) -day money back guarantee on orders placed from our web-store. If you have bought the Rapsodo product for your own private use as a consumer and want to exercise your right to cancel the contract and return the hardware, you can return it within thirty (30) calendar days after the date of receipt of the delivery. Please see our Return Policy page for details.
Make sure that the merchandise is in its original packaging and returned in a shipping box. Once your return is received and processed, you will receive an email confirming your order has been successfully refunded. Returns or replacements of parts and/or products may be subject to shipping, handling, replacement and/or restocking fees.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
SECTION 7 –Accuracy Of Billing And Accout Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel your purchase at any time. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 8 –Accuracy Of Personal Information
We reserve the right to modify, delete, or suspend any information in your account or to suspend the entire account. We may, in our sole discretion, cancel your account at any time. In the event that we make a change to or cancel personal information or your account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to sign up or purchase a single account per person or company. More than one account per person or company is strictly prohibited. You agree to enter accurately and truthfully your personal information. You agree that all information provided by the site will be for your sole use and will not be copied, distributed, sold, rented, or otherwise transmitted or given to any third party.
Your submission of personal information through the site is governed by our Privacy Policy.
SECTION 9 –Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 –Third-Party Links
Certain content, products and services available via our site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 –User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 –Errors, Inaccuaracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 –Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 –Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Rapsodo Pte Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 –Indemnification
You agree to indemnify, defend and hold harmless Rapsodo Pte Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 –Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 –Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 –Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
SECTION 20 –Changes To Terms Of Services
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 –MLM Competitions Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING OR THE ARV OF THE PRICES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. COMPETITION PERIOD: Each Prized competition (“Competition”) begins and ends on the dates and times specified in the individual competition rules page (the “Competition Period”).
2. ELIGIBILITY: The Competition is open to all Rapsodo, Inc. (“Sponsor”) users residing in the United States who are either (a) at least 18 years old and who have been authorized to enter the Competitions by their parents or legal guardians, or (b) at least 18 years old (collectively, the “Entrant”). Sponsor and its respective parents, subsidiaries, affiliates, collaborators, distributors, retailers, sales representatives, advertising and promotion agencies (the “Competition Entities”) and each of their respective officers, directors, employees, affiliates and agents are ineligible to enter the Competition or win a prize. In no case shall the Competition Sponsor, their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, partners, sponsors, service providers or licensors be liable for Entrant eligibility in or to participate in the events of any organization, such as but not limited to High School Athletics Associations, the National Collegiate Athletic Association, the United States Golf Association, etc., in conjunction with each organization’s rules, regulations and bylaws.
3. AGREEMENT TO RULES AND RIGHT OF PUBLICITY RELEASE: By participating in the Competition, each Entrant (if a minor, together with the Entrant’s parent or legal guardian) unconditionally accepts and agrees (a) to comply with and abide by these Official Rules, (b) to comply with and abide by the decisions of Sponsor, which shall be final and binding in all respects, and (c) that Sponsor or external sponsors and their assigns, licensees, successors and designees may use the Entrant’s name, city/state of residence, image, voice, appearances and likeness as embodied in the Entrant’s Rapsodo MLM profile, Entry and workout video(s) or otherwise, the Entrant’s Entry (if applicable) and /or profile picture for all their advertising, trade, promotional, marketing and/or any other purpose in any media or format throughout the world now or hereafter known without further compensation (financial or otherwise), permission or notification.
4. PRIZES: Number of Winners, prize(s) and their respective approximate retail value (“ARV”) are as outlined in the individual competition rules page.
Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by the Winner(s). Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Competition is open to only legal residents of the United States and the prize(s) will only be awarded and/or delivered to addresses within said locations, not including PO boxes. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize Winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
5. HOW TO ENTER: The Competition must be entered during the Competition Period by following the instructions stated in the individual competition rules page. The maximum number of entries each Entrant may submit is as stated in the individual competition rules page.
Entries that (a) are not complete, (b) do not adhere to the rules, instructions or specifications (as stated in these Official Rules and/or in the individual competition rules page) or (c) are submitted by individuals who do not meet the eligibility requirements stated in these Official Rules may be disqualified at the sole discretion of Sponsor. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Any competition attempt must be made by the Entrant. Any attempt by Entrant to obtain more than the permissible number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Sponsor’s database clock will be the official timekeeper for this Competition.
6. WINNER SELECTION: Winner(s) will be selected in the manner described in the individual competition rules page. Decision by the Sponsor or its designated representatives is final. Odds of winning will vary depending on the number of eligible Entries received. Each Entrant (if a minor, the Entrant’s parent or legal guardian) agrees that the Sponsor and any external sponsor entities and their designees and assigns may use the Entrant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification. All shot videos must be uploaded to Sponsor’s database by competition end time for Winner(s) to be in consideration for prize(s).
7. WINNER NOTIFICATION: Winner(s) will be notified by email at the same email address through which they register with the Rapsodo MLM App. Potential Winner(s) must accept a prize by email within 7 calendar days of the date/time the Winner notification email is sent. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any Winner notification not responded to within the stipulated time frame or returned as undeliverable may result in prize forfeiture and an alternate Winner may be selected.
Award of prize is conditional upon a potential Winner’s accepting, signing and returning of a form of declaration of eligibility release as provided by the Sponsor. Failure to timely return the declaration as required may result in prize forfeiture and an alternate Winner may be selected. Entrant(s) are eligible to win a prize once every ninety (90) day period.
The receipt by Winner of the prize offered in this Competition is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (DETERMINED AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE COMPETITION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. PRIVACY: Any personal information supplied by the Entrant will be subject to the privacy policy of Sponsor. By entering the Competition, the Entrant grants Sponsor permission to share the Entrant’s email address, video, name, city/state of residence, image, voice, appearances and likeness as embodied in the Entrant’s Rapsodo MLM profile, and any other personally identifiable information with the Competition Entities for the purpose of administration and prize fulfillment.
9. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Competition; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Competition; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Competition or download of any materials in the Competition.
If, for any reason, the Competition is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition in whole or in part. In such event, Sponsor shall immediately suspend all Winner determination and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor in its sole discretion. Sponsor and Competition Entities shall not have any further liability to any participant in connection with the Competition.
10. SPONSOR: The Sponsor of the Competition is Rapsodo, Inc. located at 51C Chesterfield Mall, Unit #212. Chesterfield, MO 63017 Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Competition. For any questions relating to the Competition, please contact Sponsor at support-intl@rapsodo.com
SECTION 22 –Dicks Sporting Goods Premium Subscription Offer
To redeem your free 1-year Premium Cloud Subscription go to https://rapsodo.myshopify.com/products/golf-premium-subscription and complete the steps below:
1) Enter the email you will use for your MLM account and selects “add to cart”
2) Enter coupon code DSGSUB to your order and select “Proceed to Checkout”
3) Fills in billing information and complete your order.
4) Create or log into your MLM account using the same email, and the premium subscription will show as active.
Open to legal US Residents 18+. Void where prohibited. New Rapsodo MLM users only. Limit one subscription per person/mailing address regardless of how many MLM units purchased. Valid on in-store and online purchases of the Rapsodo Mobile Launch Monitor. Purchases must be made no later than 8/29/21 and subscription must be redeemed no later than 9/12/21.
SECTION 23 –Mike Malaska Lesson Package and MLM Giveaway
OFFERED ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AGED 16 YEARS OR OLDER. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. DESCRIPTION: The Rapsodo x Malaska Golf Social Giveaway (the “Promotion”) is sponsored by Rapsodo, Inc. (the “Sponsor”) and offered between 12:00 AM Central Time (“CT”) on August 31, 2021 and 11:59 PM CT on September 1, 2021 (the “Offer Period”) via the Sponsor’s Instagram account at https://www.instagram.com/rapsodogolf/ (the “Social Media Platform”). During the Offer Period, Sponsor will make one or more posts which offer entry into the Promotion (a “Promotional Post”) on the Social Media Platform. You are not a winner until Sponsor or its designated administrator verifies your applicable entry and you have fully complied with these Official Rules.
2. ELIGIBILITY: The Promotion is open only to legal residents of the 48 Contiguous United States and the District of Columbia (the “Eligibility Area”) who are 16 years of age or older and have a valid Instagram account as of the date of entry. If you are under the age of majority in your jurisdiction of residence (a “Minor”), you must obtain permission from your parent or legal guardian (“Parent”) before participating. Free Instagram app download is available via www.instagram.com. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, participating advertising and promotion agencies, prize suppliers, advertising partners, and the immediate family members (spouses and siblings, children and parents and their spouses, and the “steps” of each, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Sponsor’s determinations of eligibility are final and may be made at any time. Void in Alaska, Hawaii, and where prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding (and if entrant is a Minor, such entrant’s participation in the Promotion also constitutes such entrant’s Parents’ unconditional agreement to and acceptance of same, on behalf of themselves and on behalf of the entrant). Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor’s sole discretion if they fail to comply with any of the terms of these Official Rules.
4. TO ENTER: When the Promotion is offered, you will see a Promotional Post offering entry into the Promotion, subject to your own Instagram settings and the frequency with which you check your Instagram news feed and/or Sponsor’s Instagram page. Entry instructions are as follows: earn one entry by following @RapsodoGolf and @MalaskaGolf on Instagram, “liking” the Promotional Post, and adding a comment to the Promotional Post where you tag two friends who have improved their golf game. Note that the friends you tag in your comment will not receive an entry into the Promotion by virtue of being tagged in your comment; however, they may also enter the Promotion if they wish (and if they are eligible under, and comply with, these Official Rules).
Entries must be completed no later than 11:59 PM CT on September 1, 2021.
Further, to remain eligible to claim a prize, entrants must remain followers of Sponsor’s account @RapsodoGolf (and of @MalaskaGolf) on Instagram through the time of prize award. Note that your Instagram account must be set to “public” or a similar setting that will allow Sponsor to see your entry. Your entry will not be considered successfully submitted if your Instagram account settings prevent Sponsor from seeing your entry. Entries and other submitted material become the property of Sponsor (subject only to terms imposed by Instagram) and will not be acknowledged or returned.
Do NOT include any of the following in your comment to the Promotional Post: (a) brand names, brand images, or brand logos (besides those of Rapsodo and Malaska Golf; (b) your email address or phone number; (c) any website address; (d) executable programming of any kind, including without limitation, viruses, worms, spyware, etc.; or (e) encrypted content of any kind. Should Sponsor determine that an entry is in violation of these Official Rules or any other applicable terms, Sponsor reserves the right to seek have the entry removed from the Social Media Platform, to disqualify the associated participant, and/or to take other actions it deems necessary, all in Sponsor’s sole discretion. See Section 5 below for important additional entry requirements. Each entry must meet all requirements.
Limit (1) entry per person and per Instagram account. Entries will not be judged; see Section 6 for information on random winner selection. Multiple entrants are not permitted to share the same Instagram account. Entries submitted in excess of stated limits will be void. Use of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. Sponsor is under no obligation to correspond about entries, nor is Sponsor required to acknowledge its receipt of entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the Instagram account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the account by the applicable Social Media Platform. Potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. If you post updates to or receive updates from Instagram from your wireless phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating in the Promotion via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment, application, and internet access charges, if any. In addition to compliance with these Official Rules, all participation must also comply with the terms of service www.instagram.com/about/legal/terms.
5. ADDITIONAL ENTRY REQUIREMENTS: Any elements that appear in an entry including, without limitation, brand names, logos, images, must be either: (a) entirely original, created by the entrant; (b) property of the Sponsor and/or Malaska Golf (the “Provided Materials”); or (c) in the public domain. Sponsor grants to entrants a limited revocable, non-sub-licensable, license to use the Provided Materials for the sole purpose of creating an entry, if an entrant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect an entrant’s chances of winning. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor or Malaska Golf as applicable, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
Use of any prohibited elements in an entry may result in disqualification of the applicable entry, in the Sponsor’s sole discretion. Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not violate or encourage the violation of any law, rule or regulation. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries must not defame or invade the privacy or publicity rights of any person (including, but not limited to, celebrities or celebrity look-alikes), living or deceased, or otherwise infringe upon a person’s personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following
requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor’s image (all as determined by Sponsor in its sole discretion) will be considered void.
By participating in the Promotion, you represent and warrant that: (a) you are the creator of your entry; (b) your entry is wholly original (apart from the Provided Materials or any allowable public domain elements); (c) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (d) your entry has not previously been entered in any other promotion; and (e) you own all rights to your entry (including, without limitation, the copyrights contained therein, and excluding any allowable public domain elements or the Provided Materials).
By participating in the Promotion, if you include a photo as part of your participation, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness is included in the photo (and if such person is under the age of 18 or has not yet reached the age of majority in their jurisdiction of residence, you have also obtained written permission from that person’s parent or legal guardian); (b) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (c) you can and will give written copies of such permissions to the Sponsor upon request; and (d) you understand that such documents may be required in order to be deemed a winner. Failure to provide said proof may result in disqualification of the entry from the applicable Promotion. Sponsor’s determination as to whether any entry potentially violates the rights of any third party is final. Submitting an entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
By participating in the Promotion, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of Instagram) and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post on Facebook, Instagram, and/or Twitter any entries selected in its sole discretion. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below in Section 8), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
Further, by participating, each entrant: (a) agrees to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not any particular entry is selected for any prize; (b) acknowledges that the material that will be submitted as part of the Promotion may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties (as defined below in Section 8) and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that they will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in an entrant’s entry; (c) hereby waives any right to any claim or liability with respect to the Released Parties’ use of similar materials; and (d) understands that submitting any element that is copyrighted by another individual will result in the applicable entrant being responsible for any legal action the legal copyright holder might take against the Released Parties.
6. RANDOM DRAWINGS/PRIZE DESCRIPTIONS/ODDS: On or about September 2, 2021, Sponsor or its designee will conduct a random drawing to select one (1) potential winner from among all eligible entries received. The verified winner will receive a prize consisting of one (1) Rapsodo Golf Mobile Launch Monitor selected by Sponsor with an approximate retail value (“ARV”) of $499. Total ARV of the prize is $499. See Section 7 below for additional prize restrictions and winner notification details. Odds of winning depend on the number of eligible entries received.
7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The name of each potential winner and/or their social media name and/or “handle” may be announced online prior to verification, however any such announcement is not a guarantee of eligibility. Each potential winner will be notified by Sponsor’s Instagram account @rapsodogolf via direct or private message on the Social Media Platform, or via a winner notification comment on the applicable Promotional Post where Sponsor will mention or tag the potential winner in the comment. The message or comment will instruct the potential winner to send a private message to the Sponsor along with the potential winner’s full name, email address, and telephone number, within 48 hours after the time that the comment/message was posted/sent. Note that a potential winner should make certain they are corresponding specifically with Sponsor’s Instagram account @rapsodogolf before providing any information. It is recommended that entrants confirm that their Social Media Platform notification settings are turned on as applicable, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them in this manner. Potential winner must reply as instructed to identify him/herself, confirm their eligibility and ability to accept the prize, and provide their requested contact information within such 48 hour period, or they may be disqualified, in Sponsor’s sole discretion. If any potential winner is a Minor, the applicable prize will be awarded to the potential winner’s Parent, who must fulfill all requirements of a winner under these Official Rules. A potential winner (and if a Minor, their Parent) may subsequently be required to complete an affidavit of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry, which must be returned within the time period specified by Sponsor at the time of such request. Further, any potential winner of a prize valued at $600 or more will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Proof of identity, age, and legal residence may be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents within the required time period; (b) they fail to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining eligible entries for the applicable Promotion via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or any change of such contact information after entry submission. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize (or any substitution prize) will not be awarded. Winner should expect to receive their prize within approximately 2 to 4 weeks following winner verification. Prizes will only be shipped to an address within the Eligibility Area.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, entrants agree to release and hold harmless Sponsor, Malaska Golf, Facebook, Inc., Instagram, LLC, and Twitter, Inc., together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and advertising partners, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Promotion or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Promotion; (d) errors in the administration of the Promotion or the processing of entries; (e) changes to Social Media Platform policies and procedures that may interfere with the operation of the Promotion; (f) content filtering or any malfunction/error/failure which may impact the accessibility of a Promotional Post, entries, or the transmission or receipt of winner verification notices (or other communications with a winner or potential winner); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s
participation in the Promotion or receipt of any prize. Without limiting the foregoing, the Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of their entry, or their conduct in creating an entry or otherwise in connection with their participation in the Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
10. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, or illegible entries; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to entrant’s or any other person’s computer, mobile device or other equipment related to or resulting from participation in the Promotion. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Promotion, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Promotion, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. In the event of any conflict between any details contained in these Official Rules and the details contained in any Promotion advertising materials, the details as set forth in these Official Rules shall prevail. If, for any reason, the Promotion (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, disease, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; (b) award the prize(s) for the affected Promotion from among the applicable eligible entries received for such affected Promotion up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute discretion. Participants agree to waive any rights to claim ambiguity of these Official Rules.
11. CONDUCT: By participating in the Promotion, entrants: (a) fully and unconditionally agree to be bound by these Official Rules and by all decisions of Sponsor (which decisions shall be final and binding in all respects), including without limitation decisions regarding eligibility, winner(s) and the interpretation of terms used in these Official Rules; (b) represent and warrant that all information provided by entrant in connection with the Promotion is true, accurate and complete; and (c) agree to comply with all federal, state and local laws and regulations. Sponsor reserves the right, at any time and at its sole discretion, to disqualify and/or deem ineligible to participate in the Promotion or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Promotion or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive or unsportsmanlike manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), social media handle(s), voice,
biographical information, entry, and written or oral statements (the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
13. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Promotion you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over St Louis County, Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
14. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
15. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Promotion, entrants agree and consent to Sponsor’s collection, use and retention of their personal information provided in their entries for all purposes related to the Promotion (including, without limitation, processing and administering entries, sharing an entrant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Promotion, communicating with and awarding prize(s) to winner(s), and making public announcements about winner(s)), as well as in accordance with Sponsor’s Privacy Policy currently published at https://rapsodo.com/privacy-policy/. Please review Sponsor’s Privacy Policy before submitting your entry. If you object to the above or anything stated in Sponsor’s Privacy Policy, you should not enter the Promotion.
16. WHO WON?: For the first name, last initial, city, and state of the winner(s), mail a self-addressed, stamped envelope to be received by November 1, 2021 to: Rapsodo x Malaska Golf Social Giveaway Winner List, PO Box 750, Southbury, CT 06488-0750. Winner may also be announced on the Sponsor’s website and/or social media accounts, at Sponsor’s sole discretion.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion. The above referenced Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter. You understand that you are providing your information to Sponsor, not to Facebook, Instagram, or Twitter. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not to Facebook, Instagram or Twitter.
Sponsor: Rapsodo, Inc., 51C Chesterfield Mall, Chesterfield, MO 63017
© 2021 Rapsodo, Inc. All rights reserved.
SECTION 24 – 2023 RAPSODO GOLF ROASTS CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
OFFERED ONLY TO LEGAL RESIDENTS OF THE FORTY-EIGHT CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST TWENTY-ONE (21) YEARS OLD, AT DATE OF ENTRY. VOID OUTSIDE THE FORTY-EIGHT CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AND VOID WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
THE CONTEST GRAND PRIZE ONLY INCLUDES THE TOURNAMENT FEES AS DESCRIBED,
AND DOES NOT INCLUDE ANY TRAVEL, LODGING, OR OTHER EXPENSES.
1. PROGRAM DESCRIPTION AND CONTEST PERIOD: The 2023 Rapsodo Golf Roasts Contest (the “Contest”) sponsored by Rapsodo, Inc. (the “Sponsor”) provides an opportunity for entrants to film a 30-second (or shorter) video of themselves playfully roasting their buddy’s golf game (the “entry” or “Contest Entry”). Entry process is further described in Section 4 below. Prizes are described in Section 9 below. Entries will be judged based on the criteria set forth in Section 8 below. The Contest begins at 12:01 A.M. Central Time (“CT”) on May 15, 2023 and ends at 11:59 P.M. CT on June 4, 2023 (the “Contest Period”). Sponsor reserves the right to extend the Contest Period and/or change the timing of the subsequent dates as deemed necessary in their sole opinion. If such changes are made, the new timing will be noted in these Official Rules.
2. ELIGIBILITY: The Contest is open only to legal residents of one of the 48 Contiguous United States and the District of Columbia (the “Eligibility Area”) who are at least twenty-one (21) years old at date of entry, and who: (1) have a valid Facebook, Instagram and/or Twitter account; (b) are amateur golfers who hold a valid World Handicap System compliant handicap; and (c) are available and eligible to compete in the Golf Digest Open under the rules published at https://www.golfdigest.com/golf-digest-open-rules. Employees, officers, and directors of Sponsor, Discovery Golf, Inc. dba Golf Digest (“Prize Provider”), their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, as well as members of the immediate families (spouses, parents, siblings and children, and the “steps” of each, regardless of where they live) of such employees/officers/directors, and those living in the same household as such employees/officers/directors, are not eligible to enter or win. Further, members of commercial talent unions, including without limitation, the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTRA), are also not eligible to enter or win a prize. All determinations of eligibility will be made by Sponsor and its designees (collectively, the “Contest Entities”) in their sole discretion, where such decisions are final and may be made at any time. All applicable federal, state, and local laws and regulations apply. The Contest is intended for viewing and participation within the Eligibility Area only. Do not participate in the Contest unless you reside legally within the Eligibility Area. The Contest is void outside the Eligibility Area and where prohibited or restricted by law.
3. PARTICIPATION AGREEMENT: BY PARTICIPATING IN THE CONTEST, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE CONTEST ENTITIES, AND BY THE DECISIONS OF THE CONTEST ENTITIES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS CONTEST; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES AS FURTHER DETAILED IN SECTION 11; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE CONTEST IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER: To enter, first carefully review these Official Rules including all entry requirements, then complete both of the following steps by the end of the Contest Period:
Step 1 – Film Your Entry: Film your entry video, an original 30-second (or shorter) video of yourself playfully roasting your buddy’s golf game. Do not include any music in your entry video. Do not include any recognizable 3rd party brand names or logos in your entry video. See Section 5 below for other important additional video requirements before you film your video. The buddy that you name or reference in your entry may hereafter be referred to as your “Buddy”. Your Buddy must be an amateur golfer, age 21 or older, who holds a valid World Handicap System compliant handicap and is available and eligible to compete in the Golf Digest Open under the rules published at https://www.golfdigest.com/golf-digest-open-rules. You must first request and obtain your Buddy’s permission prior to uploading an entry in which they are named/referenced. Sponsor reserves the right to require proof of such permission from you at any time as a condition of participation, in a format to be specified by Sponsor in its sole discretion.
Step 2 – Upload and Complete Your Entry: Next, post your entry video to your personal Facebook account, or to your personal Instagram account (“feed post” or “reel” only), or to your personal Twitter account. You must include the required hashtag #RapsodoRoastsContest and mention @RapsodoGolf in your post. Your Facebook, Instagram or Twitter account must not be set to “private”, “protect my tweets” or similar setting that would prevent the Contest Entities from viewing your entry video. Note that the Contest Entities may use third-party hashtag monitoring software to aggregate entries into an electronic file for purposes of judging, and for any other purposes related to the Contest. Facebook, Instagram and Twitter may hereafter be referred to together as the “Platforms”, or individually as a “Platform”.
Free Facebook accounts are available at www.facebook.com. Free Instagram app download is available via www.instagram.com. Free Twitter accounts are available at www.twitter.com. All applicable Platform terms apply. Your entry is not complete and/or eligible until you have successfully completed the applicable steps above during the Contest Period. Further, note that your entry will not be considered successfully submitted and/or eligible if your Platform account or post settings prevent the Contest Entities from seeing your entry. In order for your entry to be considered for judging, you must maintain (as applicable) your Platform account in good standing, and must keep the video post up through June 15, 2023 (unless asked by the Contest Entities to take down the video post prior to this date).
Each eligible entrant may submit up to one (1) entry per day, per Platform. Submitting the same entry multiple times will not increase an entrant’s chances of winning. Each Contest Entry must meet all requirements. Any attempt by a person to use multiple accounts or identities to gain more entries than permitted by these Official Rules may result in disqualification at the discretion of the Contest Entities. The Contest Entities are under no obligation to correspond about entries, nor are the Contest Entities required to acknowledge receipt of entries. Proof of submission of an entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the Platform account associated with the applicable entry, at time of submission, will be deemed to be the entrant, as applicable, and must comply with these Official Rules. The “authorized account holder” is the natural person assigned to the applicable Platform account by the Platform provider. Potential winners may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the entrant associated with a particular entry cannot be resolved to the Contest Entities’ satisfaction, the affected entry will be deemed ineligible. In addition to compliance with these Official Rules, the entry must also comply with the terms of service of the Platform where the entrant’s entry is posted (https://www.facebook.com/legal/terms, www.instagram.com/about/legal/terms or https://twitter.com/en/tos, as applicable). Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating via mobile phone, if you are a potential winner, the Contest Entities may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment and Internet access charges, if any. Multiple entrants are not permitted to share the same Platform account.
5. ADDITIONAL REQUIREMENTS FOR ENTRY VIDEOS: Do not include any music in your Contest Entry video. Do not include any recognizable 3rd party brand names or logos in your entry video (with the sole exception of the Provided Materials as defined below). Do not engage in any violent, dangerous, or illegal behavior in creating a Contest Entry. Entries must be completed in English. Except for the “Provided Materials” (as defined below), do not copy the works of others, in whole or in part. Your Contest Entry must original to you, except as otherwise specified herein.
Any elements that appear in a Contest Entry video including, without limitation, names, company names, graphics, filters, frames, logos (including in the clothes worn), or images, must be either: (a) entirely original (created by the entrant); (b) property of the Sponsor and/or Prize Provider (and for Prize Provider, limited to the name “Golf Digest” and/or “Golf Digest Open”) (collectively, the “Provided Materials”); (c) the name/nickname of the entrant’s Buddy, used with permission; or (d) in the public domain. For any individual who appears recognizably (or who is named) in your video, you must have express permission from them to submit the video and grant the rights set forth herein. Sponsor and Prize Provider grant entrants a limited revocable, non-sub-licensable license to use the Provided Materials for the sole purpose of creating a Contest Entry, if an entrant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect an entrant’s judging score. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor (and/or Prize Provider, as applicable), and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
Contest Entry videos must not: (i) contain email addresses or phone numbers; (ii) contain any recognizable 3rd party or copyrighted or trademarked materials, including, but not limited to, music, brand names, logos, or trade dress (with the exception of the Provided Materials); (iii) contain inappropriate content, including but not limited to profane, lewd, pornographic or violent material, or materials which promote drugs, underage or irresponsible use of alcohol, tobacco products, weapons, illegal or illicit activities, hate or violence (to be determined by Contest Entities, in their sole discretion); (iv) defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (v) contain trade secrets; or (vi) invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Sponsor reserves the right to remove (or seek to have removed by the applicable Platform) any entries that do not meet the above or its own marketing code in the sole discretion of Sponsor, and such entries will not be entered into the Contest.
Use of any prohibited elements in a Contest Entry video may result in disqualification of the applicable Contest Entry, in the Contest Entities’ sole discretion. Submitting a Contest Entry that contains elements which are copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you. The Contest Entities' determination as to whether any entry potentially violates the rights of any third party is final. Contest Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, or not in keeping with Sponsor's image (all as determined by the Contest Entities in their sole discretion) may be considered void, in the Contest Entities’ sole discretion.
6. ENTRANT’S REPRESENTATIONS: By submitting an entry, you represent and warrant that: (a) you are the creator of your entry video; (b) except as it relates to the Provided Materials, you have obtained written permission from each person whose name, image, likeness and/or voice ("Likeness") is included in the Contest Entry or who assisted you in the filming of the applicable video (and if such person is under the age of 18 or has not yet reached the age of majority in their jurisdiction of residence, you have also obtained written permission from that person’s parent or legal guardian), such person(s) have granted all necessary rights to use the applicable video, and you will provide a copy of such written permission and grant of rights to Sponsor upon request or risk disqualification; (c) apart from the content of the Provided Materials, neither you, nor your Buddy, nor any person whose Likeness is included in the Contest Entry, are affiliated with commercial talent unions, including without limitation, the Screen Actors Guild (SAG) or the American Federation of Television and Radio Artists (AFTRA); (d) your Contest Entry is wholly original (apart from the Provided Materials, and any allowable public domain elements); (e) your Contest Entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, including any current or former employer, and does not defame any person or entity; (f) your Contest Entry has not previously been entered in any other promotion; (g) prior to posting your Contest Entry video in connection with this Contest, your Contest Entry video had not been previously published in any medium; (h) your Contest Entry does not violate any law or regulation; (i) apart from any applicable content within the Provided Materials, no third party owns any of the rights to your Contest Entry (including, without limitation, any copyrights or trademarks contained therein); (j) you agree to waive any claim for reimbursement for any equipment or materials necessary to submit a Contest Entry regardless of whether or not the Contest Entry is selected for any prize; (k) your Contest Entry is gratuitous and made without restriction, and will not place Contest Entities under any obligation except as specifically described herein; and (l) Contest Entities are free to disclose or otherwise disclose the ideas contained in your Contest Entry on a non-confidential basis to anyone or otherwise use the ideas without any compensation to you.
Further, by participating: (1) you acknowledge that the material that will be submitted as part of the Contest may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Contest Entities or Prize Provider, and hereby acknowledge that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Contest Entities or Prize Provider routinely use and consider in the course of their business activities, and you understand that you will not be entitled to any compensation because of use by the Contest Entities or Prize Provider of any materials similar to those in your Contest Entry; (2) you hereby waive any right to any claim or liability with respect to Contest Entities’ or Prize Provider’s use of similar materials; and (3) you understand that submitting any element that is copyrighted by another individual will result in you being responsible for any legal action the legal copyright holder might take against you or the Released Parties (as defined below in Section 11).
7. SPONSOR’S RIGHTS TO ENTRIES: By submitting a Contest Entry, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of an applicable Platform) an irrevocable and perpetual, royalty-free, assignable, worldwide license, in all media, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, crop, create derivative works of, exhibit, and otherwise use your Contest Entry or any part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of Contest Entries selected in its sole discretion, or to re-post on any social media website or other website, any entries selected in its sole discretion. Any use of a Contest Entry by Sponsor should not be interpreted as a representation of eligibility or a designation of any particular status in the Contest. Should Sponsor or its designee edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. By submitting a Contest Entry, you forever waive any legal or moral rights in the entry that may preclude Sponsor’s use of the Contest Entry, or require your permission for Sponsor to use the Contest Entry. By submitting a Contest Entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against any of the Released Parties (as defined below in Section 11), or any other person or entity, on the grounds that any use of the Contest Entry, or any derivative works, infringe any of your rights, including, without limitation, copyrights, or moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your Contest Entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
Unless otherwise detailed herein, Sponsor shall have no obligation (express or implied) to use any Contest Entry, or to otherwise exploit any Contest Entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of any Contest Entry for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof. If Sponsor shall desire to secure additional assignments, certificates of engagement for the Contest Entry or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each entrant agrees to sign the same upon Sponsor's request.
8. JUDGING/WINNER DETERMINATION: On or by June 5, 2023, a panel of judges selected by the Contest Entities will judge all eligible entries according to the following equally-weighted criteria: Adherence to Contest Theme; (b) Originality/Creativity; and (c) Appeal. The two (2) entrants whose entries score the highest will each be deemed a “Finalist”, pending verification of eligibility and continued compliance with these Official Rules. The one (1) eligible Finalist whose entry scores highest overall and who fulfills their obligations as a Finalist (and whose Buddy also complies with all requirements) will be deemed the Grand Prize winner, pending verification of eligibility and continued compliance with these Official Rules. The one (1) Finalist who does not win the Grand Prize will receive a Second Place Prize as described in Section 9 below, pending verification of eligibility and continued compliance with these Official Rules. Note, however, that Sponsor reserves the right to award fewer than the stated number of prizes, if in their sole and absolute discretion they do not receive a sufficient number of eligible or qualified entries for the Contest. In the event of a tie, the Contest Entry (from among the tied entries) with the highest “Appeal” score will be prevail (and if a tie cannot be broken in this manner, the entry with the highest “Originality/Creativity” score will prevail), pending verification of the associated entrant’s eligibility and continued compliance with these Official Rules. The decisions of the Contest Entities and judges are final and binding. Judging scores will not be made public.
9. PRIZE DESCRIPTIONS:
One (1) Second Place Prize will be made available, each consisting of a 12-month Golf Digest+ Subscription for the Second Place Prize winner and their Buddy, approximate retail value (ARV) $39.95 per subscription.
One (1) Grand Prize will be made available, consisting of entry fees for the 2023 Golf Digest Open Regional Qualifier of the Grand Prize winner’s choice (subject to availability and Sponsor’s approval). The Grand Prize will be provided as a $500 qualifier fee paid for Grand Prize winner, and a $500 qualifier fee paid for Grand Prize winner’s Buddy. The Grand Prize only includes these paid fees, and does not include any travel, lodging, equipment, clothing, or any other expenses. 2023 Golf Digest Open Regional Qualifier dates and course locations can be viewed at https://www.golfdigest.com/open. Tournament qualifier date/location cannot be changed once selected. No compensation will be made in the event of the cancellation or delay of any prize element except at the sole and absolute discretion of Sponsor. In the event that the Grand Prize winner (and/or their Buddy) engage in behavior that (as determined by Sponsor, Prize Provider, or either of their designees and service providers, in its/their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the prize experience early without further compensation to the Grand Prize winner and/or their Buddy. Grand Prize winner and their Buddy must follow all COVID-related safety protocols and procedures required by Sponsor, Prize Provider, and/or any of their designees or service providers (“Sponsor/Provider”), which may include but are not limited to obtaining COVID test(s) at time(s) specified by Sponsor/Provider and furnishing proof of such tests and their satisfactory results, wearing required PPE, and/or following established sanitization procedures and behavioral/social distancing requirements. Failure to comply with these requirements may result in the Grand Prize winner and/or their Buddy being denied access to one or more aspects of the prize, which may result in forfeiture of the prize or portion thereof. Grand Prize winner and Buddy fully understand that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines, can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
Any prize details not specified herein will be determined by Sponsor in its sole discretion. See Section 10 below for finalist/winner notification details and additional prize restrictions. Limit one (1) prize per entrant.
10. FINALIST/WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The names of Finalists and/or their social media “handles” may be announced online prior to verification; however, any such announcement is not a guarantee of winning.
Potential finalists will first be notified by direct message on the applicable Platform from Sponsor’s account @RapsodoGolf, to request and obtain the potential Finalist’s email address and phone number, which the potential Finalist must provide as instructed by within 24 hours after the time Sponsor’s initial direct message was sent, or they may be disqualified in the Contest Entities’ sole discretion. Note that a potential Finalist being contacted in this manner should make certain they are corresponding specifically with Sponsor’s account @RapsodoGolf before providing any information. It is recommended that entrants confirm that their Facebook/Instagram/Twitter notification settings are turned on as applicable, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them in this manner.
Each potential Finalist will then be notified by email, to confirm/obtain their complete contact information, to request a completed affidavit of eligibility/liability release/perpetual license and (where legal) a publicity release, to request proof of the potential Finalist’s identity, age, and legal residence (in the form of a copy of government-issued photo identification), to request a similar affidavit and identification from the Finalist’s Buddy (where the Finalist may be designated as responsible for requesting/collecting their Buddy’s affidavit and identification, and providing them to Sponsor or its designee as instructed), and to request any other releases or documentation deemed necessary for the verification of the potential Finalist’s eligibility and/or Sponsor’s intended use of the potential Finalist’s entry. A potential Finalist must reply with all requested information and completed documents within 24 hours after the time that the notification email was sent, or the Finalist may be disqualified in the Contest Entities’ sole discretion. The Contest Entities also reserve the right to contact a potential Finalist using any other contact information provided in the potential Finalist’s entry, to alert the Finalist to the notification email and/or conduct a survey of the potential Finalist’s eligibility. In the Contest Entities’ sole discretion, a potential Finalist or potential winner may only be notified one time as set forth above for attempted notification. Additionally, the Sponsor reserves the right to request, from any entrant and at any time, an edited version of an entry, where such edits are deemed necessary but do not to materially improve the quality of the entry, all as determined by the Sponsor, to be returned within 48 hours from the time of request by Sponsor or Sponsor’s designee. Any such requested edited version may then be considered the entrant’s entry for all purposes of the Contest.
In the event of disqualification of a Finalist, winner, or potential winner, at the Contest Entities’ sole discretion, a prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. A Buddy may only be substituted (as compared to the Buddy named/referenced in the corresponding Contest Entry) at Sponsor’s sole and absolute discretion. No responsibility is assumed by the Contest Entities for any incorrect or missing social media account information, prize claim information, postal address, email address or phone number associated with an entry/prize claim, or for any change of address, email, social media account or phone number of an entrant.
No prize transfer will be permitted. Unless otherwise specified herein, no prize substitution will be permitted except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. The Contest Entities will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable prize recipient. The Contest Entities make no representations regarding the tax liability associated with any prize, and each prize recipient is advised to seek counsel regarding any tax liabilities associated with their prize. Contest Entities reserve the right to withhold any portion of a prize deemed necessary for compliance with tax withholding requirements, and to forward such portion to the applicable taxing authority on behalf of a prize recipient. All prizes are awarded as-is and without warranty of any kind, implied or express. Winners of Second Place Prizes should expect to receive their prizes within approximately 4 to 8 weeks following winner verification. Second Place Prizes will only be shipped within the 48 Contiguous United States or the District of Columbia.
11. RELEASE AND INDEMNIFICATION: BY PARTICIPATING IN THE CONTEST, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, PRIZE PROVIDER, META PLATFORMS, INC., INSTAGRAM, TWITTER, THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, AND ADVERTISING AND PROMOTION AGENCIES, TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO), INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY THE CONTEST ENTITIES OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY CONTEST-RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. INDEMNITY: By participating, each participant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of their entry, or their conduct in creating an entry, or otherwise in connection with their participation in this Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
13. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, incomplete, damaged or garbled entries, direct messages, emails, release forms or any other documents or communications of any kind; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Released Parties, including the inability to submit entries or other disruption related to Internet traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant's access of the Contest, whether human, mechanical or electronic; (e) incorrect or inaccurate information whether caused by Contest users or by any of the programming or equipment associated with or used in the Contest; (f) any printing errors, typographical errors, or human errors, including but not limited to any human, mechanical typographical or electronic error which may occur in the administration of the Contest, the processing of the entries, the announcement of the prize or winners, or in any Contest-related materials; (g) changes to Platform policies and procedures that may interfere with the operation of the Contest; (h) content filtering or any malfunction/error/failure which may impact the accessibility of entries or the transmission or receipt of winner verification notices (or other communications with winners); or (i) unauthorized human intervention in the Contest. The Contest Entities may consider entries to be void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, irregular in any way or otherwise not in compliance with these Official Rules. Although the Contest Entities attempt to ensure the integrity of the Contest, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Contest, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.
In the event of any conflict between any Contest details contained in these Official Rules and Contest details contained in any Contest advertising materials, the details of the Contest as set forth in these Official Rules shall prevail. If, for any reason, the Contest (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, disease, pandemic, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Contest, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Contest, and to select the applicable winner(s) via the means of winner determination described in these Official Rules (from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable), or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. Any failure by the Contest Entities to enforce any of these Official Rules will not constitute a waiver of such Official Rules. You are not a winner until your entry has been verified and you have complied with these Official Rules. Each entry is the opinion or view of the applicable entrant, and does not reflect the views of the Released Parties.
By participating in this Contest, entrants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Contest, including its administration. When terms such as “may” are used in the Terms and Conditions, the Contest Entities have sole and absolute discretion. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
14. CONDUCT: The Contest Entities reserve the right, at any time and in their sole discretion, to disqualify and/or deem ineligible to participate in this Contest or any future Sponsor promotions, any individual it suspects: (a) to be tampering with the entry process or the operation of the Contest or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
15. PUBLICITY: By participating in the Contest, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), social media handle(s), voice, biographical information, Contest Entry, written or oral statements regarding the Contest or Sponsor’s products/services (collectively, the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
16. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Contest you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over St Louis County, Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
17. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Contest, entrants agree and consent to the Contest Entities’ collection, use and retention of their personal information provided in their entries or prize claims for all purposes related to the Contest (including, without limitation, processing and administering entries or prize claims, sharing an entrant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Contest, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Contest), as well as in accordance with Sponsor’s Privacy Policy published at https://rapsodo.com/privacy-policy/ provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review Sponsor’s Privacy Policy before participating. If you object to anything stated in these Official Rules or Sponsor’s Privacy Policy, do not participate in the Contest.
18. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
19. WINNER LIST: For the first name, last initial, and city and state of the winners, mail a self-addressed, stamped envelope to be received by August 31, 2023 to: 2023 Rapsodo Golf Roasts Contest Winner List, PO Box 750, Southbury, CT 06488-0750. Prize winners may also be announced on the Sponsor’s and/or Prize Provider’s website and/or social media accounts, at Sponsor’s sole discretion.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest. Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. You understand that you are providing your information to Sponsor, not to Facebook, Instagram or Twitter. Any questions, comments or complaints regarding the Contest must be directed to the Sponsor and not to Facebook, Instagram or Twitter.
Sponsor: Rapsodo, Inc., 47E Chesterfield Mall #180, Chesterfield, MO 63017
© 2023 Rapsodo, Inc. All rights reserved.
SECTION 25 - RAPSODO COMBINES SWEEPSTAKES – AUGUST 2023 OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE OR PAYMENT WILL NOT INCREASE CHANCES OF WINNING.
OFFERED ONLY TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD, AT DATE OF ENTRY. VOID OUTSIDE THE FIFTY UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC), AND VOID WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
PARTICIPATION IS SOLELY AT EACH PARTICIPANT’S OWN RISK AND LIABILITY.
1. ENTRY PERIOD: The Rapsodo Combines Sweepstakes – August 2023 (the “Sweepstakes”) sponsored by Rapsodo, Inc. (the “Sponsor”) begins at 12:01 A.M. USA Central Time (“CT”) on August 1, 2023, and ends at 11:59 P.M. CT on August 31, 2023 (the “Entry Period”).
2. ELIGIBILITY: The Sweepstakes is open only to individuals who are at least twenty-one (21) years old as of the date of participation, who reside legally in one of the 50 United States, the District of Columbia, or Canada (excluding the province of Quebec). Eligible jurisdictions together may be referred to as the “Eligibility Area”. Employees, officers, and directors of Sponsor, its parents, affiliates, subsidiaries, and advertising and promotion agencies, as well as members of the immediate families (spouses, parents, siblings and children, and the “steps” of each, regardless of where they live) of such employees/officers/directors, and those living in the same household as such employees/officers/directors, are not eligible to enter or win. All determinations of eligibility will be made by Sponsor and its designees (collectively, the “Sweepstakes Entities”) in their sole discretion, where such decisions are final and may be made at any time. All applicable federal, provincial, territorial, state, and local laws and regulations apply. The Sweepstakes is intended for viewing and participation within the Eligibility Area only. Do not participate in the Sweepstakes unless you are at least eighteen (18) years old, and reside legally within the Eligibility Area. The Sweepstakes is void outside the Eligibility Area and where prohibited or restricted by law.
3. PARTICIPATION AGREEMENT: BY PARTICIPATING IN THE SWEEPSTAKES, EACH PARTICIPANT REPRESENTS AND WARRANTS THAT THEY: [A] HAVE READ THESE OFFICIAL RULES, AND AGREE TO BE BOUND BY THEM, AND BY THE INTERPRETATIONS OF THESE OFFICIAL RULES BY THE SWEEPSTAKES ENTITIES, AND BY THE DECISIONS OF THE SWEEPSTAKES ENTITIES, WHICH ARE FINAL IN ALL MATTERS RELATING TO THIS SWEEPSTAKES; [B] AGREE TO RELEASE AND HOLD HARMLESS THE RELEASED PARTIES AS FURTHER DETAILED IN SECTIONS 7 AND 8; [C] ACKNOWLEDGE COMPLIANCE WITH THESE OFFICIAL RULES; [D] WARRANT THAT ALL INFORMATION PROVIDED BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE; AND [E] AGREE TO COMPLY WITH ALL FEDERAL, PROVINCIAL, TERRITORIAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. TO ENTER: There are two (2) ways to enter the Sweepstakes:
- Each time you use your Rapsodo Mobile Launch Monitor device (or MLM2PRO™ device) in connection with your Rapsodo Premium Membership to complete a “Rapsodo Combine” testing sequence and fully sync session during the Entry Period, you will receive one (1) Sweepstakes entry. See https://rapsodo.com/pages/golf for device and subscription details. By participating in the Sweepstakes in this manner, you agree that your information associated with your Rapsodo Premium Membership is accurate, and that the Sponsor and its designees may use that information for the purpose of administering this Sweepstakes.
- To receive one (1) Sweepstakes entry without making a purchase, clearly and legibly hand print your name, complete mailing address, daytime phone number, email address and date of birth on a 3” x 5” piece of paper and mail it in a hand-addressed, stamped envelope postmarked by August 31, 2023 and received by September 7, 2023 to: Rapsodo Combines Sweepstakes Entry, PO Box 750, Southbury, CT 06488-0750 USA. Limit one entry per outer envelope. Each entry must be mailed separately. No photocopies or mechanical reproductions of entries are permitted. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due or misdirected mail. All mail-in entries become the property of Sponsor and will not be returned to entrant.
Proof of purchase, delivery or receipt of an entry will not be deemed by Sponsor as proof of entry into this Sweepstakes. Entries are void if late, unreadable, inaccurate, incomplete, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Sponsor is under no obligation to correspond about entries, nor is Sponsor required to acknowledge its receipt of entries. Sponsor reserves the right to, and at its sole discretion may, reject any entry for failure to comply with any applicable entry requirements. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the email address associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the email account by the applicable email account provider. Potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor's satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply to online activity in connection with the Sweepstakes. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further agree that by providing your mobile phone as part of your participation information, you are consenting to Sponsor or its designee contacting you via a live call or text message to your mobile phone if you are a potential winner, which will be subject to the charges pursuant to your wireless service provider’s rate plan.
5. RANDOM DRAWING/PRIZE DESCRIPTIONS/ODDS: On or about September 8, 2023, an independent judging organization will conduct a random drawing from among all eligible entries received, to award the following prizes:
Two (2) Grand Prizes: each a virtual golf lesson with Claude Harmon, with an approximate retail value (“ARV”) of USD$470. The date of the lesson is subject to Claude Harmon’s availability, and if unavailable, Sponsor reserves the right to substitute a different professional golf instructor in its sole discretion. The lesson date and time will be arranged by email/phone between the Sponsor and the winner. Sponsor will make all reasonable efforts to provide the winner with details of the prize at the earliest possible opportunity. Sponsor will have final discretion on all elements and aspects of how the prize is organized. Once the prize details including date and time are confirmed, this cannot be amended or altered by the winner. Grand Prize winners are responsible for providing their own internet connection, compatible video chat device, and location from which they will attend the virtual lesson.
Ten (10) Second Prizes: each is winner’s choice of either: (a) a Rapsodo Golf Hat, ARV USD$50; OR (b) 12 RPT™ Golf Balls, ARV USD$70.
Any prize details not specified herein will be determined by Sponsor in its sole discretion. See Section 6 below for winner notification details and additional prize restrictions. Odds of winning depend on the number of eligible entries received. Limit one (1) prize per person/household.
6. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The names of the potential winners may be announced online prior to verification; however, any such announcement is not a guarantee of winning. Potential winners will be notified on or about September 8, 2023 by Sponsor or its designee, via email at the email address associated with the potential winner’s entry. A potential winner may also be notified by Sponsor or its designee via phone or text message at the phone number associated with the potential winner’s entry, to alert the potential winner to (and/or confirm the potential winner’s receipt of) the email notification. The email notification may include a brief survey of the potential winner’s eligibility details, potential winner’s written agreement to be bound by these Official Rules, and (if selected as a potential Second Prize winner) the potential winner’s choice of Second Prize. The email notification may also include a declaration of eligibility, a liability release, and a publicity release (where legal). Further, for residents of Canada, the notification email will include a mathematical skill-testing question, which the potential winner must correctly answer via reply email as a condition of prize receipt. If any potential winner is 18 years of age or older as is required for entry, but has not yet reached the age of majority in their jurisdiction of residence (a “Minor”), Sponsor may require written consent and agreement to these Official Rules from the potential winner’s parent or legal guardian on behalf of the Minor, in a form deemed acceptable by Sponsor in its sole discretion, as a condition of prize receipt. All requested information and properly completed documents must be returned in accordance with the instructions included in the email notification, within three (3) business days after the time that the notification email was sent, or the potential winner may be disqualified. Proof of identity, age, and legal residence (in the form of a copy of government-issued photo identification) may be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification.
Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents or requested materials within the required time period; (b) they fail to comply with any of the terms of these Official Rules; or (c) any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion, the prize may be awarded to an alternate winner selected from among the remaining applicable eligible entries via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing personal information, prize claim information, postal address, email address or phone number associated with an entry/prize claim, or for any change of address, email, or phone number of a participant.
No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of equal or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, provincial, territorial, state, and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Sponsor makes no representations regarding the tax liability associated with any prize, and each winner is advised to seek counsel regarding any tax liabilities associated with their prize. Sweepstakes Entities reserve the right to withhold any portion of a prize deemed necessary for compliance with tax withholding requirements, and to forward such portion to the applicable taxing authority on behalf of a prize recipient. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the stated approximate retail value and actual value of a prize will not be awarded. Under no circumstances will Sponsor award more prizes than are listed in these Official Rules. Winners of Second Prizes should expect to receive their prizes within approximately 4 to 8 weeks following winner verification.
7. RELEASE AND HOLD HARMLESS: BY PARTICIPATING IN THE SWEEPSTAKES, PARTICIPANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR, CLAUDE HARMON AND HIS MANAGEMENT AND RELATED COMPANIES, META PLATFORMS, INC. AND ANY OTHER SOCIAL MEDIA PLATFORM USED TO PROMOTE THE SWEEPSTAKES, THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND ADVERTISING AND PROMOTION AGENCIES, TOGETHER WITH THE RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS OF EACH (AFOREMENTIONED INDIVIDUALS AND ORGANIZATIONS COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM ANY WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES (INCLUDING ANY TRAVEL OR ACTIVITY RELATED THERETO), INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY AND THE COLLECTION, USE AND/OR SHARING BY THE SWEEPSTAKES ENTITIES OF PERSONALLY IDENTIFIABLE INFORMATION OF THE ENTRANTS. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY SWEEPSTAKES-RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. INDEMNITY: By participating, each participant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out such participant’s conduct in entering the Sweepstakes, or otherwise in connection with their participation in the Sweepstakes.
9. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) lost, late, unintelligible, misdirected, postage-due, incomplete, damaged or garbled entries, emails, release forms or any other documents or communications of any kind; (b) technical errors, failures, or interruptions related to computers, hardware, software, programming, servers, providers, networks, or telephones; (c) communication disruption or other forces beyond the reasonable control of the Released Parties, including the inability to submit entries or other disruption related to Internet traffic, virus, bug or non-authorized intervention; (d) damage caused by computer virus or otherwise resulting to any computer or device from entrant's participation in the Sweepstakes, whether human, mechanical or electronic; (e) incorrect or inaccurate information whether caused by Sweepstakes users or by any of the programming or equipment associated with or used in the Sweepstakes; (f) any printing errors, typographical errors, or human errors, including but not limited to any human, mechanical typographical or electronic error which may occur in the administration of the Sweepstakes, the processing of the entries, the announcement of the prize or winners, or in any Sweepstakes-related materials; (g) changes to social media platform policies and procedures that may interfere with the operation of the Sweepstakes; (h) content filtering or any malfunction/error/failure which may impact the accessibility of entries or the transmission or receipt of winner verification notices (or other communications with winners); or (i) unauthorized human intervention in the Sweepstakes. The Sweepstakes Entities may consider entries to be void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, irregular in any way or otherwise not in compliance with these Official Rules. Although the Sweepstakes Entities attempt to ensure the integrity of the Sweepstakes, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Sweepstakes, including entrants' or other individuals' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.
In the event of any conflict between any Sweepstakes details contained in these Official Rules and Sweepstakes details contained in any Sweepstakes advertising materials, the details of the Sweepstakes as set forth in these Official Rules shall prevail. If, for any reason, the Sweepstakes (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, disease, pandemic, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Sweepstakes, Sponsor reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes, and to select the applicable winner(s) via the means of winner determination described in these Official Rules (from among the applicable eligible, non-suspect entries received up to the time of such cancellation, termination, modification or suspension, as applicable), or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. Any failure by the Sweepstakes Entities to enforce any of these Official Rules will not constitute a waiver of such Official Rules. You are not a winner until your entry has been verified and you have complied with these Official Rules.
By participating in this Sweepstakes, entrants agree to waive any right to claim ambiguity or any deficiency in these Official Rules or the Sweepstakes, including its administration. When terms such as “may” are used in these Official Rules, the Sweepstakes Entities have sole and absolute discretion. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any jurisdiction within the Eligibility Area that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. CONDUCT: The Sweepstakes Entities reserve the right, at any time and in their sole discretion, to disqualify and/or deem ineligible to participate in this Sweepstakes or any future Sponsor promotions, any individual they suspect: (a) to be tampering with the entry process or the operation of the Sweepstakes or any website; (b) to be acting in violation of these Official Rules or Sponsor’s privacy policy or other terms, conditions or guidelines; (c) to be acting in bad faith or in a disruptive or unsportsmanlike manner, or with the intent to annoy, abuse, threaten or harass any other person; (d) to have failed to agree to these Official Rules; or (e) to be in violation of these Official Rules. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SPONSOR BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
11. PUBLICITY: By participating in the Sweepstakes, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state/province/territory), social media handle(s), voice, biographical information, written or oral statements regarding the Sweepstakes or Sponsor’s products/services (collectively, the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
12. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Sweepstakes you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over St Louis County, Missouri, United States; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, United States, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri, United States or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri, United States.
13. COLLECTION AND USE OF PERSONAL INFORMATION: By entering the Sweepstakes, entrants agree and consent to the Sweepstakes Entities’ collection, use and retention of their personal information provided in their entries and/or prize claims for all purposes related to the Sweepstakes (including, without limitation, processing and administering entries or prize claims, sharing an entrant’s personal information with Sponsor’s service providers, contractors, prizing partners, etc. as necessary to conduct and operate the Sweepstakes, communicating with and awarding prizes to winners, making public announcements about winners, and advertising, promoting and publicizing the Sweepstakes), as well as in accordance with Sponsor’s Privacy Policy published at https://rapsodo.com/privacy-policy/ provided that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail. Please review Sponsor’s Privacy Policy before participating. If you object to anything stated in these Official Rules or Sponsor’s Privacy Policy, do not participate in the Sweepstakes.
14. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
15. WINNER LIST: The first name, last initial, city and state/province/territory of the winners will be posted in a feed post at https://www.instagram.com/rapsodogolf/ after winner verification is complete, and for a minimum of 60 days thereafter. Prize winners may also be announced on the Sponsor’s website and/or other social media accounts, at Sponsor’s sole discretion.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Sweepstakes is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Sweepstakes. By participating in the Sweepstakes, you hereby acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Meta Platforms, Inc. or any other social media platform used to promote the Sweepstakes. You understand that you are providing your information to Sponsor, not to Meta Platforms, Inc. or any other social media platform used to promote the Sweepstakes. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not Meta Platforms, Inc. or any other social media platform used to promote the Sweepstakes.
Sponsor: Rapsodo, Inc., 47E Chesterfield Mall #180, Chesterfield, MO 63017 USA
© 2023 Rapsodo, Inc. All rights reserved.
SECTION 26 – Contact Information If you have any questions about these Terms Of Use, the practices of this site, or your dealings with this site, please contact us at:
Rapsodo Pte Ltd
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Singapore 139950