PXG CANADA BLACK OPS CHALLENGE
OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CHALLENGE.
Important: Please read these Official Rules before entering this Challenge (“Challenge”). By participating in the Challenge, 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 Challenge is sponsored by Parsons Xtreme Golf, LLC, 15690 N. 83rd Way, Scottsdale, Arizona 85260, USA (“Sponsor”).
1. ELIGIBILITY AND ODDS: The Challenge is open only to legal residents of, and who are physically located within Canada, excluding the province of Quebec who are the age of majority or older at the time of entry. 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 Challenge. 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 Challenge is void where prohibited by law. Subject to applicable federal, provincial, and local laws. The odds of winning a prize will be determined by the number of eligible entries received.
2. CHALLENGE PERIOD: The Challenge starts at 10:00 am Eastern Standard Time ("EST") on 2/2/2024 and ends at 4:00pm EST on 2/4/2024 ("Challenge Period"). All entries must be received during the Challenge 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 Challenge.
3. HOW TO ENTER: To enter, during the Challenge Period, entrant must register in-person at the PXG Black Ops Challenge (the “Challenge”) located at the Toronto Golf Show event located at 6900 Airport Rd., Hall 5, Mississauga, ON L4V 1E8, and provide individual contact details. Each entrant will be given five (5) opportunities to hit a golf ball on a simulator of Sponsor’s choice, using Sponsor’s equipment and golf balls provided at the PXG Black Ops Challenge site. No outside equipment or golf balls will be permitted. The total distance hit, and the total distance from the center line, will be measured by Sponsor equipment at the site. The entrant whose total distance measures the highest, and the entrant whose distance from the center line measures the lowest, as determined by Sponsor in its sole discretion, will qualify for a Prize under Section 7. In the event of a tie, the Prize winner will be selected at random using a random number generator on-site. Limit one (1) entry per person during the Challenge Period.
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 inform the winning entrant within seven (7) days following the close of the Challenge via the contact method provided. Potential winner will be required to provide his or her mail address and phone number and then will be required to correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill-testing question administered by telephone. Failure of a potential prize winner to correctly answer the skill-testing question in the time allotted will result in disqualification, the forfeiture of his or her interest in the prize, and the random selection of a substitute prize winners from among all remaining eligible entries received.
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 CHALLENGE. 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: Challenge prizes are as follows: Two (2) Prize Winners will each receive a PXG Black Ops Driver. Approximate Retail Value ("ARV") of the prize: C$ 799. Please allow up to 4 weeks for delivery of prize. ALL FEDERAL, PROVINCIAL, 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 Challenge. 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 Challenge, 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 Challenge 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 Challenge; (e) errors in the administration of the Challenge 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 Challenge or acceptance, receipt, use or misuse of any prize, or travel to any Challenge-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 Challenge, 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 Challenge 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 CHALLENGE OR USE OR INABILITY TO USE ANY PRIZE PROVIDED FOR USE IN THE CHALLENGE 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 Challenge 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.
11. PRIVACY: Any information submitted or collected in conjunction with the Challenge will be subject to Sponsor’s privacy policy posted at www.pxg.com/en-us/privacy-policy. By participating in the Challenge, each entrant authorizes Sponsor to collect, use, process, transfer and store all data provided by you, including without limitation, personal data, to the United States, or any location(s) throughout the world that Sponsor deems necessary, whether within such entrant’s country or residence or elsewhere, and with such party(ies) as Sponsor deems appropriate, for purposes of administration of the Challenge. Personal information will be used only to: (a) administer the Challenge or provide information regarding the Challenge; (b) contact and publicize potential winner; and/or (c) if an entrant selects to receive additional information from Sponsor, to send additional information to that entrant during or after the Challenge Period. Each entrant has the right to withdraw and correct your personal data, but such entrant is not allowed to resubmit entries. Directions on procedures for submitting corrections or personal data are provided in the privacy statement of Sponsor.
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
Canada Black Ops Challenge
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 Challenge and all accompanying materials are Copyright 2024 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 CHALLENGE 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, USA; 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 CHALLENGE, BUT IN NO EVENT ATTORNEYS’ FEES. THESE OFFICIAL RULES ARE GOVERNED BY THE LAWS OF THE STATE OF ARIZONA, USA 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 Challenge 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 Challenge to be disrupted or corrupted, Sponsor may, in its sole discretion, either: (a) suspend the Challenge to address the impairment and then resume the Challenge 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 Challenge, tamper with the operation of the Challenge or engage in any conduct that is detrimental or unfair to Sponsor, the Challenge or any other entrant (as determined in Sponsor’s discretion) are subject to disqualification from the Challenge. Any attempt by an entrant or other individual to deliberately damage any website associated with the Challenge or undermine the legitimate operation of the Challenge 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 Challenge. 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 Challenge is Parsons Xtreme Golf, LLC, 15690 N. 83rd Way, Scottsdale, Arizona 85260, USA.