4∙3∙2∙1 SWEEPSTAKES OFFICIAL RULES
OCTOBER 2017 TOBACCO ROAD GOLF & TRAVEL GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS. VOID WERE PROHIBITED BY LAW.
The October 2017 Tobacco Road Golf Giveaway (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least twenty-one years of age as of the date and time of entry. Sponsor or any of its employees, officers, directors, parent companies (or subsidiaries thereof), affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies (collectively, the “Sweepstakes Entities”), and members of their immediate families (spouses, parents, children, siblings and their spouses, regardless of where they live) and those living in the same household are not eligible to enter. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner. Any entry shall be rendered void if it is in contravention of these Sweepstakes Rules (“the Official Rules”) or where prohibited or restricted by law.
Sweepstakes begins at 12AM Eastern Standard Time (“EST”) on October 1, 2017, and ends at 11:59PM EST on October 31, 2017 (“Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes. Participants (“Entrants”) may enter the Sweepstakes during the Sweepstakes Period by filling out completely and accurately an online entry form at www.tobaccoroadtravel.com/4321-giveaway (the “Website”) or any other microsite or online form as identified by Sponsor during the Sweepstakes Period. Participation is LIMITED TO ONE (1) ENTRY PER PERSON PER SWEEPSTAKES PERIOD. In the event more than one (1) entry is received from any one (1) person during the Sweepstakes Period, the first entry processed will be considered the only valid entry received from that Entrant. In the event of a dispute regarding an entry, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is the natural person who is assigned to the e-mail address by an internet access provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Bulk, automated and/or third party entries are prohibited and will be disqualified. Multiple entrants are not permitted to share the same e-mail address. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, e-mail addresses, logins, or any other methods will void that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s discretion. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All potential winners are subject to verification before any Prize will be awarded. Sponsor is not liable for late, lost, stolen, incomplete, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. Entrants agree that Sponsor shall own the entries, which will not be acknowledged or returned. By submitting an entry, Entrants fully and unconditionally agree to and accept these Official Rules.
C. SELECTION AND NOTIFICATION OF WINNERS
Sponsor will select one (1) potential Prize winner using an electronic random drawing method from the pool of all eligible entries received up until the end of the Sweepstakes Period. Potential winners will be chosen on or about November 1, 2017. Odds of being selected as a winner are based on the total number of eligible entries received up until the date and time of the drawing.
The potential Prize winner will be notified by e-mail and/or telephone within three (3) days after the drawing in which their name was chosen as a potential winner and will be advised of the prize that they are eligible to win. If any prize notification telephone call is not answered after three (3) attempts and/or if the e-mail notification is not answered within three (3) days or returned as undeliverable; or if potential winner and his/her guests are unavailable to travel within any time period specified by Sponsor; or if a potential winner is disqualified or otherwise determined to be ineligible or declines to accept the prize for any reason; or if a potential winner otherwise refuses or fails to comply with the Acceptance Criteria detailed below; the prize will be forfeited and an alternate potential winner may be selected at random from the remaining eligible entries received.
One (1) Entrant (the “Prize Winner “) will receive a three (3) day / two (2) night golf vacation package (“Golf Trip”) in The Village of Pinehurst area for the Prize Winner and up to three (3) guests, staying at Village of Pinehurst area lodging (“Resort”), including:
• Three (3) days’ / two (2) nights’ accommodations for the Prize Winner and up to three (3) guests in two (2) two (2) bedroom rooms at the Resort.
• Green fees and carts at Tobacco Road and two (2) partner golf courses for the Prize Winner and up to three (3) guests for the three (3) days of their stay.
Golf Trip must be taken any time prior to January 1, 2018, and is subject to availability at the Resort. The Prize does not include any travel to or from the Resort or golf course; such travel arrangements and expenses incurred by Prize Winner and his/her guests will be the sole responsibility of Prize Winner and/or his/her guests. Approximate Retail Value (“ARV”) of Prize: $1,200.
E. PRIZE RESTRICTIONS
Sponsor reserves the right to substitute a prize of equal or greater value for the stated Prize and to offer only the stated Prize by random drawing among all legitimate, un-awarded, eligible prize claims. No more than one (1) prize will be offered to an Entrant and only one (1) prize will be offered per household. All potential winners must be able to attend the Golf Trip during the dates that are associated with Golf Trip. Any potential winner who cannot attend the Golf Trip during the dates assigned to their prize may forfeit the prize and a new winner may be drawn. Winner must be a member of the traveling party on all occasions.
No refunds, compensation or alternative dates will be offered to the Prize Winner in the event of cancellation of a confirmed reservation by the Prize Winner, except at the sole discretion of Sponsor. Prizes cannot be substituted, assigned, transferred, or redeemed for cash by winner. Travel restrictions, conditions and limitations may apply. Any person that participates in the Prize that is not deemed to be a guest must pay his/her own expenses. All meals, travel expenses and incidentals not described herein and incurred by winner and his/her guests will be the sole responsibility of the winner and/or his/her guests. Winner and guest must comply with all hotel check-in requirements, including, but not limited to, the presentation of government-issued identification and a major credit card. Any and all fees and costs and all applicable federal, state, and local taxes and expenses related to acceptance and use of the prizes not specifically stated herein, including but not limited to, air travel fees, transportation to and from airport, travel and automobile insurance, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, security fees, gratuities, food, excursions and/or other expenses, are solely the responsibility of the Prize Winner. The Prize Winner will be required to complete Form W-9 for tax reporting purposes.
Prize Winner’s guest(s) must be of the legal age of majority in his/her jurisdiction of residence, or, if guest is a minor child, guest must be accompanied by his/her parent or legal guardian who shall be one of the four people in the Prize Winner’s party. The minor must stay with the parent or legal guardian in the parent’s or legal guardian’s accommodations during the trip.
To the extent permitted by law, guest (or if a minor, his/her parent/legal guardian) must execute a Liability and Publicity Release prior to issuance of a confirmed accommodation booking. In the event winner and/or guest engages in behavior which (as determined by Sponsor in its sole discretion) is obnoxious, threatening or illegal, or which is intended to threaten or harass any other person, or which in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the Golf Trip early, and send winner and/or guest home, and Sponsor shall have no further obligations whatsoever (including any obligation to pay compensation) to the winner and/or guest in respect of the Golf Trip or any future accommodation and any future reservations will be cancelled.
In the event winner and/or guest engages in behavior during their vacation that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner and/or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. TO THE EXTENT PERMITTED BY LAW, SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LEGAL IMPLICATIONS OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF FIRST/SECOND/GRAND PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE FIRST/SECOND/GRAND PRIZE.
All prize details are at Sponsor’s sole discretion. Sponsor is required by law to report the prize where required. An IRS form 1099 will be issued to the Prize Winner.
F. ACCEPTANCE CRITERIA
In order to be considered an official Prize Winner, a potential winner must sign an Affidavit of Eligibility, Liability & Publicity Release (where permitted by law) within three (3) days of notification that they are a potential winner (as detailed in the heading “Release and Limitations of Liability”). ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
G. GENERAL CONDITIONS
Entrants consent that Sponsor and its affiliated companies may contact them for marketing purposes by e-mail or mail regarding publications and information relating to its products, offers and services.
Sponsor reserves the right to suspend, modify, or cancel this Sweepstakes, or any part of it, at any time without notice, to include, but not limited to delaying the start of the Sweepstakes should the Website not be ready to receive entries prior to the start date. Sponsor also reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. The Sweepstakes Entities are not responsible for lost, late, incomplete, illegible, damaged, stolen, or misdirected entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that Entrant is or has attempted to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to annoy, abuse, threaten, or harass any other Entrants or Sponsor representatives.
H. RELEASE AND LIMITATIONS OF LIABILITY
By participating in this Sweepstakes, Entrants agree that Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (5) to the extent permitted by law, any injury, loss or damage of any kind to persons, including personal injury or death or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes, downloading any materials, acceptance, possession or receipt or use or misuse of any prize.
BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE THAT THE SWEEPSTAKES ENTITIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, INCLUDING ACCESS TO AND USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE WEB SITE AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
I. PUBLICITY GRANT
Except where prohibited by law, Prize Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Prize Winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in North Carolina. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
L. OFFICIAL RULES AND WINNER’S LIST
For a copy of the Official Rules and the winners’ names and city of residence available for ninety (90) days after winner selection, send a note detailing your request along with a stamped, self-addressed envelope to:
Attn: Chris Brown
442 Tobacco Road
Sanford, NC 27332
This Sweepstakes is sponsored by LPC Holdings Inc. d/b/a Tobacco Road Golf & Travel, 442 Tobacco Road, Sanford, NC (“Sponsor”).