GENERAL TERMS AND CONDITIONS FOR PROMOTIONS
Effective 7 May 2024
Scope. These terms and conditions (General Rules) apply to all prize draws, sweepstakes, competitions, contests, giveaways (Promotions) sponsored by (a) for U.K. residents: Callaway Golf Europe Limited of Unit A27 Barwell Business Park, Leatherhead Road, Chessington, KT9 2NY, United Kingdom or (b) for E.U. residents, Callaway Golf E.U. B.V. of Herikerbergweg 88, 1101CM Amsterdam (Promoter, us, we, our), unless modified or superseded by the official rules posted for a specific Promotion (Official Rules). If any provision of the Official Rules conflicts with any provision of these General Rules, the provisions in the Official Rules will prevail. The General Rules and Official Rules are collectively the Promotion Terms.
Binding Agreement. By entering a Promotion, each entrant (Entrant, you) agrees to be bound by the Promotion Terms.
Eligibility. Unless stated otherwise in the Official Rules, a Promotion is open to legal residents of the place of residence set out in the Official Rules (Eligible Countries). If no place of residence is set out in the Official Rules, the Promotion is void (i) outside the United Kingdom and the European Economic Area, (ii) in Denmark, Italy, Latvia, Portugal or Spain, (iii) if the prize is worth more than €2,500, Ireland, and (iv) where prohibited or restricted by law. You must be at least 18 years old or the legal age of majority in the relevant Eligible Country where you reside.
You must be a follower of the official @CallawayGolfEU or @CallawayGolfEurope or any of our other designated social media accounts indicated in the Official Rules to be eligible to enter any Promotion. No employees of the Promoter or any member of the Topgolf Callaway Corp. group of companies (TCBrands Group), which together with the Promotor are the TCBrands Group nor any of their immediate family or any of TCBrands Group's franchisees, licensees, distributors, resellers, agents or any third party directly associated with administration of the Promotion are eligible to enter the Promotion. In entering any Promotion, you confirm that you are eligible to do so and eligible to claim the prize. We may require you to provide proof that you are eligible to enter the Promotion.
Entries. Unless stated otherwise in the Official Rules, there is a limit of one entry (Entry) per person per Promotion. The Promotion will run from and to the date and time set out in the Official Rules. All Entries received after the closing date and time are automatically disqualified. Our computer is the official time-keeping device for Promotions, and unless otherwise stated, all times are GMT.
We do not accept (a) responsibility for entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind, (b) proof of transmission as proof of receipt of Entry, (c) illegible, incomplete, forged or altered Entries. All Entries become the exclusive property of the Sponsor and will not be returned. Any person who attempts to participate with multiple social media accounts or emails, under multiple identities or using any device or artifice to submit multiple Entries violating the Entry limitation will be disqualified. In case of dispute, the natural person assigned to a social media account by the applicable social media platform used to submit the Entry is deemed the Entrant. Proof of submission of an Entry form does not constitute proof of receipt.
Promotions, unless otherwise noted, are not sponsored, endorsed or administered by any hosting social media platform. You understand that Entries are provided to us and not to the hosting social media platform. The Promotion is free to enter, and no purchase is required. The odds of winning for each Promotion depend on the eligible number of Entries received.
Entries must not (1) be obscene, indecent, sexually explicit, suggestive, profane, pornographic, violent, derogatory of any ethnic, racial, gender, religious, professional or age group, (2) promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of them), any activities that may appear unsafe or dangerous, or any particular political agenda or message, (3) be offensive, endorse any form of hate or hate group, (4) not defame, misrepresent or contain disparaging remarks about us or our products or services, or other people, products or companies, (5) communicate messages or images inconsistent with the positive images and/or goodwill to which we wish to associate, (6) invade privacy or other rights of any person, firm or entity, (7) in any other way violate any applicable laws or regulations or the terms of service of the applicable social media platform, (8) infringe any third party trademarks or infringe copyrighted material, and (9) contain any personal identification, such as names, email addresses or street addresses except as specifically required by the Official Rules.
By submitting an Entry, you acknowledge (1) that submission of an Entry is gratuitous and made without restriction and does not place us under any obligation, (2) that we are free to use or otherwise disclose any ideas contained in an Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation, (3) that, by accepting your Entry, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from other sources, (4) that your Entry may be posted on our websites and social media pages, at our sole discretion.
By submitting an Entry, you (1) grant to us, any member of the TCBrands Group, and any advertising and promotion agencies, prize sponsors and any of their officers, directors, employees and representatives (Promotion Parties), of an exclusive, irrevocable, unlimited, worldwide, perpetual, sub-licensable license and right to, copy, distribute, publish, display and otherwise use your Entry for purposes of the Promotion or for any advertising or publicity on behalf our behalf, without further compensation or obligation, (2) acknowledge that we have no obligation to use or post any Entry submitted, (3) warrant and represent that the Entry: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity, (e) that you have obtained permission from a person who's name, likeness or voice is used in the Entry, and (f) and that publication of the Entry via various media including web posting, will not infringe on the rights of any third party rights, (4) acknowledge that any photos submitted may be cropped or otherwise altered, and (5) warrant and represent that the Entry conforms to the Promotion Terms.
If your Entry includes likenesses of third parties or contains elements not owned by you (such as, but not limited to, depictions of persons, buildings, trademarks or logos), you must be able to provide legal releases for such use, including our use of such Entry, in a form satisfactory to us, upon request, before award of the prize and/or naming of the prize winner. You, with this, irrevocably assign and transfer to us all of their right, title and interest in and to the Entry and related materials, including but not limited to all copyright and trademark rights which the winner may have in the Eligible Country and worldwide, therein, for consideration, the receipt and sufficiency of which is acknowledged. Upon our request, you must execute and deliver such additional instrument of assignment, as deemed necessary by us, to establish the ownership of record of the right, title and interest in and to the Entry and all copyrights transferred and waived under these General Rules.
We do not edit entries posted to social media platforms, and the views/opinions of the Entrant do not reflect our views in any manner. We reserve the right to, and may or may not, monitor/screen Entries before posting them to our home page(s) on the applicable social media platforms.
Disqualifications. Entries that are not in compliance with Promotion Terms, from an Entrant who has received a prize from us in connection with any Promotion in the previous 30 days or if you engage in any conduct we deem to be improper, unfair or otherwise adverse to the operation of the Promotion or detrimental to other Entrants of the Promotion, as determined by us in its sole discretion, may be disqualified. Improper conduct includes falsifying personal information required during registration or prize claim, violating any term or condition stated in the Promotion Terms, paying or bartering for Entries or votes, accumulating Entries or votes through methods such as automated computer scripts or any other programming techniques, allowing others to use your personal information to accumulate Entries or votes, intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with the Promotion or taking actions that are negligent, injurious or reckless in pursuit of any prize offered in connection with the Promotion. You agree that we may void any part of a prize you may have won and/or require the return of any part you may have won due to such improper conduct. You further acknowledge that any forfeiture of a prize and/or return in no way prevents us from pursuing other avenues of recourse, such as criminal or civil proceedings in connection with such conduct.
Prizes. Subject to these Promotion Terms, there will be one winner whose Entry will be drawn randomly from all eligible Entries from all Eligible Countries as set out in the Official Rules. The winning Entry will be drawn using Viral Sweep (https://www.viralsweep.com/) software application or, if different, as set out in the Official Rules. You may be required to privately (through the applicable social media platform's direct message, email, or other secure, private means) provide your name, address, age and other personal information necessary to receive the prize if you are selected as a winner.
We will make all reasonable efforts to contact the winner using the email provided at the time of Entry or via direct message on the relevant social media platform. If a winner does not respond to us within 7 days of being notified, then the winner's prize will be forfeited and we will be entitled to select another winner using the process described above. If the winner rejects the prize or the Entry is invalid or otherwise in breach of the Promotion Terms, the winner will forfeit their right to receive the prize, and we are entitled to select another winner using the process described above.
Taxes, fees, and all other expenses not specified in the prize description in the Official Rules, if any, are the sole responsibility of the winner (regardless of whether the prize, in whole or in part, is used). The approximate retail value (ARV) of any prize is based on information we have obtained. The value of any prize awarded to the winner may be reported for tax purposes as required by law. No substitution or transfer of prizes is permitted except at our sole and absolute discretion. The ARV may differ at the time of the prize award.
Any products supplied as part of the prize come with our standard consumer manufacturer's warranty against manufacturing defects, and we will, at our option, either repair or replace any such defective products during the warranty period. We make no representation or warranty regarding the quality of the prizes, the availability of our e-commerce platforms, or any conditions, warranties, or other terms implied by statute or common law, which are excluded to the fullest extent permitted by law. No provision in these Promotion Terms affects your statutory rights.
The winner may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. The prize may be awarded to an alternate winner if the affidavit/release(s) is not returned within 7 days of the date of first attempted notification (or within such other period as stated in the Official Rules). Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize or notification as undeliverable may result in forfeiture of the prize and selection of an alternate winner.
We must either publish or make available information that indicates that a valid award took place. To comply with this obligation, we will publish the surname and country of the winner on our social media pages within 7 days after the winner has been notified and accepted their award. We will send the surname and county of the winner and, if applicable, copies of their winning entries to anyone who emails europecustomerservice@callawaygolf.com within one month after the closing date and time. If you object to any or all of your surname, county and winning Entry being published or made available, please contact us at europecustomerservice@callawaygolf.com. In such circumstances, we must still provide the information and winning Entry to the relevant regulatory bodies, including the Advertising Standards Authority, on request.
The decision of the Promoter is final, and no correspondence or discussion will be entered into.
Questions. Any questions, comments or complaints regarding a Promotion must be directed to us, not the applicable social media platform. You can contact us by sending us a direct message on the relevant social media platform or by emailing us at europecustomerservice@callawaygolf.com quoting the name of the Promotion. Please note that any direct message or customer service email is not monitored 24/7. We will use reasonable efforts to respond to your query as soon as possible but are not responsible if you cannot enter the Promotion due to a delay in responding to your query.
Your Privacy. We have a legitimate interest in operating Promotions. In some contexts, we are also required by law to collect information about those who enter our Promotions. By entering a Promotion, you agree (1) to receive email communications or direct messages from us regarding the administration of the Promotion, including notifying you by email if you are the winner, (2) to receive marketing from us and our affiliates. You may opt out of receiving marketing at any time by clicking unsubscribe from any email received from us or by notifying us at unsubscribe me, and (3) to the processing of your personal data under our Privacy Policy, including transferring your personal data to the United States of America and our third-party sub-processors. We will only transfer your personal data under applicable law and have appropriate data processing agreements in place, including model clauses and organisational and technical measures.
Limitation of Liability. To the extent legally permitted, no member of the TCBrands Group will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by our negligence or that of our employees. Your statutory rights are not affected.
Miscellaneous. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Promotion with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud). The invalidity or unenforceability of any provision of the Promotion Terms will not affect the validity or enforceability of any other provision. If any provision of the Promotion Terms is deemed invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed following their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of the Promotion Terms. If any legal or regulatory authority challenges the Promotion Terms or any Promotion, we reserve the right to discontinue or modify the Promotion Terms and/or Promotion or to disqualify Entrants residing in the affected geographic areas. In such event, the Promotion Parties have no liability to any Entrants disqualified due to such action.
Governing Law and Disputes. For U.K. residents: Any Promotion targeted at U.K. residents is governed by English law, and if any Entrants to a Promotion wish to take court proceedings, they must do so within the courts in the United Kingdom. For E.U. residents: Any Promotion targeted at E.U. residents are governed by the law of the Netherlands, and if any Entrants to a Promotion wish to take court proceedings, they must do so within the courts of the Netherlands or their country of residence if they are in the E.U.
Trademarks. All trademarks are the property of their respective owners.