1. PLEASE REVIEW THE “DISPUTES & ARBITRATION” SECTION BELOW REGARDING YOUR RIGHTS IN ANY DISPUTE INVOLVING THIS PROMOTION, INCLUDING A MANDATORY ARBITRATION CLAUSE AND A WAIVER OF A JURY TRIAL OR CLASS ACTION, THAT LIMITS YOUR RELIEF.
2. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. The $100K Fan Putt Presented by Odyssey® (the “Promotion”) is sponsored by the Ladies Professional Golf Association (the “LPGA”) and Callaway Golf Sales Company(“Callaway”). Promotion is offered only in the United States and the District of Columbia (the “Promotion Area”). Void outside the Promotion Area and where prohibited.
3. Entries start on August 26, 2024 at 12:01 AM Eastern Time (″ET″), except for New York, where entries start on September 16, 2024 at 12:01 AM. Entry deadline is 11:59 PM ET on October 20, 2024. Drawing to determine potential Qualifiers will be held on October 21, 2024. Putting Contest to determine the Grand Prize (below) or Consolation Prize (below) winner and the Runner-Up Prize (below) winners will be held on November 23, 2024 in Naples, Florida. You must attend and participate in the Putting Contest in person to be eligible to win the Grand Prize, Consolation Prize or any Runner-Up Prize. The LPGA‘s computer is the official time-keeping device for this Promotion.
4. The Grand Prize of $100,000.00 will only be awarded if the Contender (below) successfully makes the Challenge Putt (below). If the Contender does not make the Challenge Putt, the Contender will be awarded the Consolation Prize and the Grand Prize will not be awarded. Only one of the Grand Prize or the Consolation Prize will be awarded, but not both. See Putting Contest section below.
5. If required for any prize, winner will be issued an IRS Form 1099-MISC (or its equivalent) reflecting the Approximate Retail Value (“ARV”) of prize, and he/she/they will be solely and exclusively responsible for all state, federal or local income taxes that may result from his/her/their acceptance of any prize.
6. Promotion is subject to all federal, state and/or local laws. The LPGA shall be entitled to interpret these official rules (“Official Rules”) as needed — including without limitation rules regarding eligibility, entries, deadlines, winner selection and prize restrictions. By participating, you agree to these Official Rules and to the decisions of the LPGA, which are final and binding in all respects. For more information about the Promotion, visit https://lpga.com/100k-fan-putt (the “Promotion Page").
7. You must be twenty-one (21) years old or older and a legal resident of the Promotion Area (above) for at least three (3) months during the year to be eligible to participate in this Promotion.
8. In addition, you are not eligible to participate if you have had an active professional PGA/LPGA teaching professional license/card at any time since 2023, or have been an active player on any professional tour, including without limitation, the LPGA Tour, Epson Tour, PGA Tour, Korn Ferry Tour, DP World Tour, etc., at any time since 2023, or are a member of the immediate family or household (whether or not related) of any such person(s), are not eligible to enter or win. “Immediate family members” shall mean spouse, parents, siblings and children, including “steps” and “in-laws”. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not.
9. Employees, associates, officers, directors, volunteers and agents of the LPGA, Callaway, Interactive Promotions Group (“IPG”), Tiburón Golf Club at The Ritz-Carlton Naples (″Tiburón″), or any other entity directly involved in the development, administration or execution of the Promotion, and the members of their immediate families and households (whether or not related) as defined above.
10. Promotion is not open to groups, clubs or organizations. Groups, clubs and organizations are prohibited from reproducing or distributing Promotion materials to their members without the LPGA‘s prior express consent.
11. Qualifier Prizes (4): Roundtrip (economy class) airfare from major commercial airport closest to Qualifier’s home to Naples, Florida, four (4) nights’ hotel accommodations (single standard room, double occupancy, room and room tax only) at an area hotel to be determined by the LPGA in its discretion, checking in on November 20, 2024 and out on November 24, 2024 (COMBINED TRAVEL EXPENSES FOR QUALIFIER AND GUEST NOT TO EXCEED $2,500.00), and tickets (general admission) to the CME Group Tour Championship (the ″Tournament″) on November 20-24, 2024 at Tiburón Golf Club at The Ritz-Carlton Naples, 2620 Tiburón Drive, Naples, Florida for the Qualifier and one (1) guest; and for Qualifier only, the opportunity (the ″Invitation″) to participate in the Fan Putt contest (the ″Putting Contest″) on November 23, 2024. ARV: $3,000.00.
12. Grand Prize* (1): $100,000 if Contender successfully makes the Challenge Putt. ARV: $100,000.00.
13. Consolation Prize* (1): One (1) set of Callaway® golf clubs (Irons, Woods, Driver, Putter, Golf Bag) and one (1) year’s supply of golf balls (defined as nine (9) dozen golf balls) if Contender does not successfully make the Challenge Putt. ARV: $6,600.00.
14. *Only the Grand Prize or the Consolation Prize will be awarded, but not both. See Putting Contest section below.
15. Runner-up Prizes (3): One (1) custom Odyssey® Putter by Callaway. ARV: $1,000.00.
16. The odds of winning a Qualifier Prize depend on the number of entries received. The Putting Contest is a contest of skill and the likelihood of winning a particular prize will depend on the skill of the Qualifiers.
17. All prize details shall be at the LPGA‘s sole discretion. Each prize offered is provided “as is” with no warranty or guarantee either express or implied by Released Parties (below). Without limiting the foregoing, Released Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize. Other restrictions apply.
18. Each winner assumes sole responsibility for all expenses and incidental costs associated with the prizes not expressly included in the prize description above, including without limitation, all federal, state and/or local taxes, including sales, use and income taxes (if any), all additional transportation, travel and/or lodging, food, beverages, snacks, parking, concessions, souvenirs, merchandise, COVID tests, personal items, tips, gratuities, upgrades, extras, surcharges, fees and/or other items.
19. The ARV of any prize may vary, depending on variables such as dates, departure cities, options, industry and/or seasonal fluctuations. If the actual value of any prize is less than the ARV stated above, that winner shall not be entitled to any compensation or reimbursement for the difference.
20. In addition, the following specific prize restrictions apply to the relevant prizes.
Cash Prizes
21. Cash prize (if any) will be paid in the name of the Grand Prize winner. No payments will be made to third parties. Cash prize may be subject to federal withholding requirements.
Travel Prizes
22. Travel prize elements, such as hotel or airfare (the “Travel Award”), are limited to a maximum value of $2,500.00 per Qualifier Prize. Each Qualifier is solely responsible for any costs or expenses that exceed the maximum Travel Award amount.
23. Each guest must be at least eighteen (18) years old unless Qualifier is his/her/their parent or legal guardian and may be required (or his/her/their parent/legal guardian may be required if a minor) to sign a liability waiver and/or (where legal) publicity release prior to receipt of tickets or confirmation of reservations.
24. Qualifiers may be required to coordinate travel with specified travel agent and to make advance reservations. Reservations must be booked through specified agent. No credit will be issued if booked through other sources.
25. Prize travel and seat selection are subject to hotel/airline restrictions, availability and confirmation of reservations, are subject to change without notice, and may not be combined with any other offer. Hotel may require a major credit card or cash deposit for incidentals. Blackout dates may apply. Travel may be capacity-controlled, and seats may not be available on all flights or in all markets. No refunds or credit for changes are allowed. Prize ticket travel may not accrue frequent flyer points. Stopovers/upgrades/wait-listing/open returns may not be permitted for tickets booked using prize tickets.
26. Prize tickets are non-transferable, are not redeemable for cash and are void if sold or bartered. The sale or barter of tickets obtained through redemption of prize certificates or vouchers is also prohibited. Any tickets obtained through such sale or barter are void and will not be honored for travel. Final choice of departure and destination airports, airline carrier, travel dates, flight times, and/or choice of destination hotel accommodations is at the sole discretion of the LPGA.
27. Qualifiers and guests are solely responsible for obtaining, at their own expense, any picture identification, immunization, where applicable, or other requirements associated with travel as well as any travel insurance or any other form of insurance desired and to be in possession of all necessary travel documents at the time and point of departure. Carrier may deny boarding to any passengers without proper documentation. No refund or compensation will be made in the event of such denied boarding or of the cancellation or delay of any air or ground transportation.
28. All travel and hotel accommodations must be used and/or completed in their entirety during the dates or date periods set forth above in the prize description or on any tickets or passes redeemed or obtained through the prizes. The LPGA is not responsible for the cancellation of the event or any cancellation or delays in transportation or other travel accommodations due to any unforeseeable interruption.
29. No credit or cash will be given for any unused portion of Travel Award. Travel Award is provided "AS-IS" and no trip extensions, hotel extensions, or changes will be made except at the LPGA‘s sole discretion.
30. Tournament tickets are subject to certain terms and conditions as specified by the issuer. Exact Tournament seating or viewing locations (if applicable) will be determined at the sole discretion of Tiburón and/or the LPGA and may be subject to change. Tournament tickets are valid only on the date set forth above in the prize description or on the tickets. If unused, tickets cannot be returned, refunded or exchanged for cash value or substitute tickets. Tournament tickets awarded as part of any prize may not be resold or offered for resale or used in any way for commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification, prize forfeiture, and/or revocation of any license granted by such Tournament tickets.
31. Qualifiers and guests agree to submit to any temperature and other screenings required by Tiburón as a condition of admission to any Tournament or participation in or attendance at any other prize-related activities. Without limiting the generality of the foregoing, Qualifiers and guests must comply with any other applicable Tiburón COVID guidelines, safety measures and/or protocols in connection with the Tournament ticket prize component, including any temporary or permanent social distancing requirements and/or mask or face covering requirements, as permitted by law. Refusal to comply with all such applicable COVID-19 requirements may result in forfeiture of the prize and no replacement or alternate prize will be provided. The LPGA shall not be responsible under any circumstances whatsoever for providing any Qualifier with any form of compensation for any prize or portion thereof forfeited due to the refusal of the Qualifier or his/her/their guest to comply with all applicable COVID-19 requirements. For more information about any Tiburón COVID protocols, visit https://www.tiburonnaples.com/. The LPGA has no control over COVID-19 protocols imposed by any venue and provides this information as a courtesy and without any representation as to the accuracy or currency of the information. As health authority recommendations continue to evolve, venue and other third-party pandemic procedures are regularly updated, and Qualifiers and guests are solely responsible for ensuring access to the most up-to-date information.
32. In addition, Qualifiers and guests are responsible for observing all applicable laws, guidelines, regulations, orders and directives at the time of the Tournament to guard against contracting and/or transmitting the COVID-19 virus (as defined by the World Health Organization and any of the strains, variants or mutations thereof), which may include, without limitation, the observance of social distancing guidelines, frequent washing of hands and use of hand sanitizers, and the wearing of face masks, gloves, and other personal protection equipment, and other safety measures.
33. Tiburón reserves the right to remove or to deny entry to any person, including any Qualifier or any guest, who engages in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person at the Tournament, or who refuses to abide by applicable Tiburón regulations or policies. Without limiting the foregoing, use of any Tournament tickets or attendance at the Tournament or any Tournament-related activity is subject to all Tiburón rules, regulations, policies and restrictions. Visit https://www.tiburonnaples.com/ or call (239) 593-2200 for more information about Tiburón. The LPGA will not replace any lost, mutilated, or stolen Tournament tickets.
34. Prizes are subject to change or cancellation without written notice or warning. Should an act of God, hurricane, war, fire, riot, earthquake, act of public enemies, actions of governmental authorities, epidemics, pandemics and the spread of infectious diseases, including without limitation, COVID-19 (as defined by the World Health Organization and any of the strains, variants or mutations thereof), and any related governmental or judicial actions, including but not limited to travel restrictions, taken in connection with, or as a response to, any such event, or any other event beyond the reasonable control of a party, whether or not existing, known, foreseen or foreseeable at the time the Tournament occurs, render the fulfilment of all or a portion of any prize delayed, hindered, adversely affected, impracticable, or impossible, the LPGA, in its sole and absolute discretion, reserves the right to evaluate, make modifications to, and restructure the fulfilment processes and timelines for such prize, or portion thereof. The LPGA may modify and/or restructure any prize or portions thereof to comply with government orders or guidelines and the LPGA‘s and Tiburón’s health and safety requirements. In addition, Qualifiers and their guests should be aware of and comply with government guidelines regarding travel restrictions.
35. Released Parties (below) will not be responsible for weather conditions, Acts of God, acts of terrorism, epidemic, pandemic (including COVID), other health crises, civil disturbances, labor strike, work stoppage, natural disaster or any other event or occurrence outside their control (each, a “Force Majeure Event”) that may cause the cancellation, postponement or restricted viewing of the Tournament, in whole or part.
36. Merchandise prizes or prize components are provided “as is” with no warranty or guarantee either express or implied by Released Parties and carry no warranty other than that offered by manufacturers. Released Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
37. Invitation has no cash value, is not transferable, and is not redeemable in full or part for cash. Should any Qualifier be unable to attend the Putting Contest, the LPGA in its sole discretion may disqualify that Qualifier and select an alternate Qualifier in accordance with the procedures described below (Qualifier Selection, Notification & Verification). The LPGA reserves the right, in its sole discretion, to cancel or suspend the Putting Contest if an act of God or similar event interferes or if other causes corrupt or affect the safety, fairness, or proper conduct of the Putting Contest.
38. Entries will be accepted starting on August 26, 2024 at 12:01 AM ET (except for New York residents, who may enter starting on September 16, 2024 at 12:01 AM ET) and ending on October 20, 2024 at 11:59 PM ET (the “Promotion Period”). To enter, first scan a specially marked QR Code at participating retailers who sell Callaway® golf clubs to access the Promotion Page or type the URL directly (https://lpga.com/100k-fan-putt) then follow the instructions to complete an official entry form with any required information, which may include your your name, e-mail address, daytime phone, age or data of birth, zip code, country, and favorite LPGA tour player. This is the only method of entry. Entries will not be accepted via any other method.
39. Entry deadline is October 20, 2024 at 11:59 PM ET. Proof of sending is not proof of receipt by the LPGA. The LPGA will not accept screen shots as proof of entry.
40. IMPORTANT: MESSAGE AND/OR DATA RATES MAY APPLY TO THE USE OF MOBILE PHONES/DEVICES TO PARTICIPATE IN THE PROMOTION. WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS. EACH WIRELESS CARRIER’S DATA RATE PLAN MAY VARY, AND YOU SHOULD CONTACT YOUR WIRELESS CARRIER FOR INFORMATION ON DATA RATE PLANS AND CHARGES RELATING TO YOUR PARTICIPATION IN THIS PROMOTION.
41. Limit one (1) entry per person. Any entries received from any person over the stated limit will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses or mobile devices, or the submission of false contact information under multiple or different e-mail addresses, mobile devices, identities, registrations, accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in the LPGA‘s sole discretion.
42. Each entry must include a valid daytime phone number or e-mail address for the entrant and each entrant remains solely responsible for notifying the LPGA of changes in his/her/their contact information. Released Parties are not responsible for voice or electronic communications that are undeliverable because of any form of call blocking, inability to leave a voice message, passive or, as to e-mail, active filtering of any kind. In the event of a dispute as to the identity or eligibility of a Qualifier based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for the entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain. In the event of a dispute as to the identity of any entrant, the potential Qualifier agrees to furnish requested documentation confirming his/her/their status as the Authorized Account Holder. If such a dispute cannot be resolved to the LPGA‘s satisfaction, the affected entry will be deemed ineligible.
43. Entrants who fail to provide any required information may be disqualified without further notification by the LPGA. Entrants agree that Released Parties are not responsible for entries that are lost, misdirected, undelivered, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. The LPGA reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules.
44. The information that you provide in connection with the Promotion may be used by the LPGA and Callaway in accordance with their respective Privacy Policies, which are found at https://www.lpga.com/privacy-policy and https://www.callawaygolf.com/legal/privacy-policy respectively, and which may be updated from time to time.
45. On October 21, 2024, or within a reasonable time thereafter, the LPGA or its designee will conduct a random drawing to select four (4) names from all timely entries received. Subject to verification of eligibility, the persons whose names are so drawn will be declared the qualifiers (“Qualifiers”). The LPGA reserves the right to award fewer than the stated number of prizes if it does not receive an adequate number of properly submitted and eligible entries.
46. The LPGA will contact each potential Qualifier using the information provided at the time of entry. Each potential Qualifier must respond to such notification within forty-eight (48) hours and provide his/her/their full name and any requested contact information, which may include complete mailing address (street addresses only; no P.O. Boxes will be accepted). Each potential Qualifier may be required to present valid photo identification and/or to execute and return an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents to the LPGA within five (5) days after initial notification and as a condition of receiving any prize and of continued eligibility. The LPGA in its sole discretion may allow for transmission of any verification materials via fax or e-mail.
47. If any potential Qualifier (a) cannot be contacted directly by, or does not respond to, the LPGA or its designee within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, the LPGA in its discretion may disqualify that individual and an alternate Qualifier will be selected by random drawing as soon as reasonably practicable after such disqualification. Alternate Qualifier must respond to initial notification within forty-eight (48) hours, or no later than 5:00 PM ET on November 8, 2024, whichever is earlier, and provide any requested verification paperwork within five (5) days, or no later than 5:00 PM ET on November 8, 2024, whichever is earlier. If time permits, the LPGA will make up to three (3) attempts to verify an alternate Qualifier for any prize. If the LPGA is unable to verify an alternate Qualifier for any prize after three (3) attempts, or there is not enough time remaining prior to the Tournament to verify and coordinate travel for an alternate Qualifier, no further attempts will be made for such prize and that prize will not be awarded. Confirmed Qualifiers will receive instructions from the LPGA or its designee for coordinating prize travel.
48. Putting Contest will be held on November 23, 2024 immediately following the end of Tournament play. The LPGA will communicate the specific time and check-in instructions to Qualifiers as they become available and prior to or at the beginning of the Tournament. In addition, the LPGA will instruct the Qualifiers on Putting Contest rules (including prohibitions on pre-Putting Contest onsite practice, onsite reconnaissance, etc.)
49. The Putting Contest will be videotaped and/or streamed or broadcast live in the sole discretion of the LPGA. Qualifiers must be physically present and will be required to comply with the Tiburón Golf Club dress code as conditions of participating in the Putting Contest. At or prior to Putting Contest check-in, Qualifiers will be required to produce a valid government-issued photo ID and execute a liability waiver and, except where prohibited, a publicity release. Non-compliance with any requirement or obligation may result in disqualification and selection (time permitting) of an alternate Qualifier as described above (Qualifier Selection, Notification & Verification).
50. After checking in with Putting Contest officials (the “Contest Officials”) and executing any required documents, the Qualifiers will compete in a “putt off” from progressively longer distances determined by the LPGA to determine the top Qualifier.
51. Subject to verification of eligibility and ongoing compliance with these Official Rules, the top Qualifier will be declared the “Contender”, and the remaining three (3) Qualifiers will be declared the Runner-up Prize winners. The Contender will progress to the final round of the Putting Contest. During the final round of the Putting Contest, the Contender will have one (1) opportunity to attempt to make a putt from an undisclosed number of feet (the “Challenge Putt”). Subject to ongoing compliance with these Official Rules:
a. Grand Prize: If the Contender successfully makes the Challenge Putt as confirmed by the Contest Officials, he/she/they will be declared the winner of the Grand Prize;
b. Consolation Prize: If the Contender does not successfully make the Challenge Putt as confirmed by the Contest Officials, he/she/they will be declared the winner of the Consolation Prize.
52. The Grand Prize, Consolation Prize and Runner-Up Prizes are collectively referred to as the “Putting Contest Prizes.” Qualifiers agree that all decisions by the Contest Officials shall be final and binding in all respects.
53. Each Qualifier may be required to execute additional winners’ documents, tax forms and/or other legal documents onsite and provide them to the Contest Officials prior to the close of business on November 23, 2024, as a condition of receiving any Putting Contest Prize. If any Qualifier fails to satisfy any such verification requirement, declines to accept the prize, or is otherwise determined to be ineligible, the LPGA in its discretion may disqualify that Qualifier and that prize will not be awarded.
54. Merchandise prizes may be awarded onsite or shipped to confirmed winners at the addresses provided to the Contest Officials. If the Grand Prize is awarded, it will be paid in one (1) lump sum to the Grand Prize winner via company check or equivalent within thirty (30) days of verification of eligibility.
55. Upon fulfilling any prize, the LPGA will be deemed to have awarded the prize to such winner and such winner assumes full responsibility for the prize. The LPGA reserves the right to award fewer than the stated number of prizes if it does not receive an adequate number of properly submitted and eligible entries.
56. The LPGA and Callaway may, in their individual discretion, post the verified Qualifiers' names on the Promotion Page and/or any of their respective websites, including https://www.lpga.com/ and https://www.callawaygolf.com and on or in any of their respective social media pages or channels.
57. Except as provided in these Official Rules or otherwise required by law, the LPGA is not responsible for entering into any correspondence or discussion regarding any Promotion results.
58. By accepting a prize, each winner agrees to award the LPGA and Callaway the right to publicize his/her/their name, photographs (including the use and appearance of his/her/their photograph on their respective websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
59. By participating in the Promotion or accepting a prize, you agree that the LPGA, Callaway, IPG, Tiburón, Facebook, a product of Meta Products, Inc. (“Facebook”), Twitter, Inc. (“Twitter”), TikTok Inc. (“TikTok”), Google LLC (“YouTube”), Instagram, a product of Meta Products, Inc. (“Instagram”), the Contest Officials, any other company involved in the development or administration of this Promotion, their respective parent companies, affiliates, subsidiaries, distributors, advertising and promotion agencies, prize suppliers, franchisees, and all of their respective officers, directors, agents, employees and related persons (collectively, the “Released Parties”): (a) are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including but not limited to: failed, incomplete, misdirected, corrupted, garbled or delayed transmissions, telephone connections, traffic congestion on telephone lines, the Internet or at any website; or disconnected, interrupted, or unavailable network, server, or other connections; or late, lost, undeliverable, damaged or stolen mail; or other errors of any kind, whether human, mechanical, or electronic; or entries that for any reason are not properly submitted or received by the LPGA by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the selection, determination or announcement of the winners or prizes, or otherwise in any Promotion-related materials; (c) are not responsible for any injury or damage to any computer, tablet, smartphone, modem or other device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any unauthorized third-party use of any entry materials; (f) are not responsible for the inability to select Qualifiers or determine winners because of postal failure, equipment failure, or data storage failure; (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of the Qualifiers, the determination of winners, the award of prizes or otherwise in any Promotion-related materials or activity; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in, or traveling to participate in, any part of the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
60. RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION PAGE OR RELATED WEBSITES OR MOBILE PLATFORMS, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION.
61. BY ENTERING THE PROMOTION, ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE PROMOTION, YOU FURTHER AGREE THAT (A) 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 IN ACCORDANCE WITH THE MANDATORY ARBITRATION PARAGRAPH BELOW); (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET COSTS DESCRIBED ABOVE.
62. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND THEREFORE THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
63. The LPGA reserves the right to cancel, suspend or terminate this Promotion, or any part thereof, if the LPGA determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, regularly scheduled maintenance, malfunction, or any other cause beyond the LPGA‘s control. In such an event, the LPGA will post notice of same at the Promotion Page and, as applicable, select the Qualifiers at random from all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion and/or determine the winners in accordance with above-described selection process, or in such other manner as the LPGA, in its sole discretion, deems fair and appropriate under the circumstances.
64. The LPGA reserves the right to disqualify any individual from further participation in the Promotion if the LPGA concludes, in its sole discretion, that such person (a) has attempted to tamper with any entry or selection process or other any operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards the LPGA or any other entrant or participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including by using any prohibited device or method. Any failure by the LPGA to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
65. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND THE LPGA RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
66. All activity arising out of and relating to the Promotion, including any reference to the status of any person as a “Qualifier” or ”winner,” is subject to verification and/or auditing for compliance with the Official Rules. If the LPGA determines, in its sole discretion, that verification or auditing activity evidences non-compliance of any entry and/or entrant with the Official Rules, the LPGA reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time. The LPGA reserves the right to conduct a background check on any potential winners and to disqualify any individual based on such background check if the LPGA determines, in its sole discretion, that awarding a prize to any such individual might reflect negatively on the LPGA or Callaway. Each participant agrees to cooperate with the LPGA and its representatives in connection with all verification, auditing and/or background check activities.
67. The LPGA reserves the right to correct typographical, printing or clerical errors in any Promotion-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the LPGA reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
68. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, point of sale, television, print, mobile or online advertising, or onsite signage or other materials, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
69. Neither Promotion nor the LPGA is sponsored, endorsed or administered by, or associated with Facebook, Twitter, TikTok, YouTube or Instagram (collectively, the “Social Media Platforms”), or any of their respective parents, governors, subsidiaries, affiliates, directors, officers, shareholders or agents. The Social Media Platforms will have no liability or responsibility for any claim arising in connection with participation in the Promotion or any prize awarded. By entering, accepting a prize and/or otherwise participating in this Promotion, you agree to completely release the Social Media Platforms from all liability. Any questions, comments or complaints regarding the Promotion must be directed to the LPGA and not to the Social Media Platforms.
70. Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any 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 or of the LPGA. Any questions or complaints about this Promotion must be directed to the LPGA and not to such third parties.
71. LPGA® is a registered service mark of the Lais professional Golf Association. Callaway® and Odyssey® are registered trademarks of Top Golf Callaway Brands Corp. Tiburón is a registered service mark of Tiburon Golf Ventures Limited Partnership. The Ritz-Carlton is a registered service mark of Ritz-Carlton Hotel Company, L.L.C. All rights reserved.
72. Arbitration: To the fullest extent permitted by law, as a condition of participating in this Promotion, each participant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Promotion, or any prize offered or awarded (each, a “Claim”), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in the City of Orlando, Florida before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses.
73. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Promotion, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
74. By entering, accepting a prize and/or otherwise participating in the Promotion, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules that are not subject to mandatory arbitration shall be brought only in the federal or state courts located in the City of Orlando, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
75. For a copy of the Official Rules or the final Winners' List, visit the Promotion Page or https://www.lpga.com/ or mail a SASE to: $100K Fan Putt Presented by Odyssey® c/o LPGA, 100 International Golf Drive, Daytona Beach, Florida 32124, specifying either “Winners' List” or “Official Rules.” Final Winners' List will be available after January 23, 2025.
76. Operator: Ladies Professional Golf Association.
77. Co-Sponsor: Callaway Golf Sales Company