PXG X AMERICAN MARSHAL’S U.S. TEAM ULTIMATE FAN GIVEAWAY
OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE GIVEAWAY
Important: Please read these Official Rules before entering this Giveaway (“Giveaway”). By participating in the Giveaway, you agree to be bound by these Official Rules the decisions of Sponsor, which are final and binding, and you represent that you satisfy all of the eligibility requirements below. The Giveaway is sponsored by Parsons Xtreme Golf, LLC, 15690 N. 83rd Way, Scottsdale, Arizona 85260 (“Sponsor”).
1. ELIGIBILITY AND ODDS: The Giveaway is open only to legal residents of, and who are physically located within, any of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age at the time of entry (or nineteen (19) if resident of Alabama or Nebraska, or twenty-one (21) if resident of Mississippi). Directors, managers, officers, and employees of Sponsor, and any of its affiliates, subsidiaries, professional advisors, consultants, contractors, legal counsel, public relations firms, and advertising, fulfillment and marketing agencies or suppliers, and each of their immediate family members (including spouses, parent, siblings, and children) and household members are not eligible to participate in the Giveaway. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. To be eligible, to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. The Giveaway is void where prohibited by law. Subject to applicable federal, state, and local laws. The odds of winning a prize will be determined by the number of eligible entries received.
2. GIVEAWAY PERIOD: The Giveaway starts at 5:00 pm Mountain Standard Time ("MST") on 09/15/2023 and ends at 7:00pm MST on 09/21/2023 ("Giveaway Period"). All entries must be received during the Giveaway Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor's or its designee's computer is the official time-keeping device for the Giveaway.
3. HOW TO ENTER: To enter, during the Giveaway Period, entrant must complete be following @PXG and @AmericanMarshals on Instagram. Comment on the official giveaway post(s) tagging a friend and stating why you are the ultimate U.S. TEAM fan.
4. IDENTITY OF ENTRANT: All entries must be submitted by the individual entrant. Bulk or automated entries will be disqualified. Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor's sole discretion. In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address provided. An “authorized account holder” means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.).
5. WINNER SELECTION AND NOTIFICATION: Sponsor will select a winning comment or around 09/22/23 ("Draw Date") from among all eligible entries. The potential winner will be notified via the provided email and/or phone number within five (5) business days of the Draw Date. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, as specified by Sponsor, an Affidavit or Eligibility and Liability/Publicity Release to claim his/her prize. If (i) the attempted notification is returned as undeliverable or the potential winner does not respond within two (2) business days from the first notification attempt by Sponsor; (ii) any required documents are not returned as specified by Sponsor, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if the potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining entries.
6. VERIFICATION OF POTENTIAL WINNER: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GIVEAWAY. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
7. PRIZE: Giveaway prize is as follows: One (1) prize winner will receive a full bag of custom fit PXG equipment, one (1) American Marshal’s set of horns headwear, and one (1) American Marshals U.S. TEAM Jersey. Approximate Retail Value ("ARV") of the prize: $4,000. Please allow up to 4 weeks for delivery of prize. Winner of prizes valued at $600 or more will be issued a 1099-MISC form for the retail value of the prize. ALL FEDERAL, STATE, AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes are not transferable. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Giveaway. All costs associated with winner's acceptance and use of the prize not explicitly stated in these Official Rules are the sole responsibility of the winner, and Sponsor will not provide any compensation or reimbursement for these costs. Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). By accepting a prize, winner acknowledges compliance with these Official Rules.
8. DISCLAIMER: By participating in all or a portion of the Giveaway, each entrant agrees to release and hold harmless all directors, managers, officers, and employees of Sponsor and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, and advertising, fulfillment and marketing agencies or suppliers (collectively, “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Released Parties’ reasonable control; (c) any Giveaway disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; (d) any printing or typographical errors in any materials associated with the Giveaway; (e) errors in the administration of the Giveaway or the processing of entries; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such entrant’s participation in the Giveaway or acceptance, receipt, use or misuse of any prize, or travel to any Giveaway-related events; and (g) any claims based on publicity rights, copyright/trademark infringement, intellectual property rights, defamation or invasion of privacy and merchandise delivery.
9. LIMITATION OF LIABILITY AND RELEASES: By entering the Giveaway, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Giveaway or delivery, mis-delivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses, and damages related to rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort, (including negligence), warranty or other theory. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE OTHER RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE GIVEAWAY OR USE OR INABILITY TO USE ANY PRIZE PROVIDED FOR USE IN THE GIVEAWAY OR ANY PRIZE, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. PUBLICITY: To the fullest extent permitted by applicable law, entry into the Giveaway constitutes entrant’s permission to use entrant’s name, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further notice, permission or compensation (including in a public-facing winner list). As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of their name, aural and visual likeness and prize information for advertising, marketing, and promotional purposes without further notice, permission or compensation.
12. WINNERS LIST AND RULES: For copy of the winner list, mail your request along with a stamped, self-addressed envelope to the address listed in Section 16 below. For a copy of the Official Rules, please visit: PXG X AMERICAN MARSHAL’S U.S. TEAM ULTIMATE FAN GIVEAWAY
13. INTELLECTUAL PROPERTY NOTICE: All PXG-related trademarks are trademarks of Parsons Xtreme Golf, LLC. All other trademarks or registered trademarks used herein are the property of their respective owners. The Giveaway and all accompanying materials are Copyright 2023 by Parsons Xtreme Golf, LLC. All rights reserved.
14. DISPUTE RESOLUTION: EACH ENTRANT AGREES THAT (1) ANY DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY OR ANY PRIZE AWARDED WITH BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR THE APPROPRIATE STATE COURT LOCATED IN MARICOPA COUNTY, ARIZONA; AND (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS GIVEAWAY, BUT IN NO EVENT ATTORNEYS’ FEES. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, WITHOUT REGARD TO CHOICE OF LAW OR CONFLICT OF LAW RULES. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND AGREE TO SUBMIT TO THE JURISDICTION OF THOSE COURTS.
15. GENERAL CONDITIONS: Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problems, or any condition caused by events beyond the reasonable control of Sponsor that may cause the Giveaway to be disrupted or corrupted, Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official rules; and (b) award the prize from among the non-suspect, eligible entries received up to the time of the impairment. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Giveaway, tamper with the operation of the Giveaway or engage in any conduct that is detrimental or unfair to Sponsor, the Giveaway or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Giveaway. Any attempt by an entrant or other individual to deliberately damage any website associated with the Giveaway or undermine the legitimate operation of the Giveaway may be in violation of criminal and civil law, and Sponsor reserves the right to prosecute and seek damages from any such person to the fullest extent permitted by applicable law. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Giveaway. Sponsor reserves the right to disqualify any entries received that contain inappropriate or offensive content. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. The use of the terms “include” or “including” in these Official Rules is illustrative and not limiting.
16. SPONSOR: The Sponsor of the Giveaway is Parsons Xtreme Golf, LLC, 15690 N. 83rd Way, Scottsdale, Arizona 85260.