Official Rules
NO PURCHASE NECESSARY
1. Eligibility: Tour i – We Win – You Win (the “Program”) is only open to legal residents of Canada who have attained the age of majority in their province/territory of residence on or before the expiry of the Promotion Period and who are not employees of Callaway Golf Canada Ltd. or its parent company, Callaway Golf Company, or its or their affiliate or subsidiary companies, its or their advertising and promotional agencies, or members of their respective immediate families. "Immediate families" is defined as a parent, sibling, child or spouse, regardless of where they reside. By registering for the Program, you agree to be bound by these Official Rules. Please note that only one entry per person is valid. This Program is subject to all applicable federal, provincial, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Program. Winning a prize is contingent upon fulfilling all requirements set in these Official Rules.
2. Sponsor:
Callaway Golf Canada Ltd.
250 Courtland Avenue
Concord, Ontario
L4K 4N3
3. Timing: The Program begins on January 15, 2010 at 12:01 a.m. (Eastern Standard Time) and ends on November 14, 2010 at 11:59 p.m. (Eastern Standard Time) (the "Promotion Period"). The Sponsor’s computer system is the official time-keeping device for the Program.
4. How to Enter: During the Promotion Period, visit www.mycallaway.ca/personal/profile.jspx and ensure that your mycallaway.ca profile is fully updated with your personal information (First Name, Last Name, Mailing Address & Phone Number). Only members with a fully completed mycallaway.ca profile are eligible to win. Please note that we cannot courier prizes to P.O. Boxes, we need your street name and number in order to qualify. Once your mycallaway.ca profile is updated with the required information you will automatically receive one (1) entry into the Program. Limit: Each participant may enter one (1) time in the prize giveaway during the Promotion Period.
Multiple entrants are not permitted to share the same email address. Also, any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
5. Prize Drawing: Sponsor’s decisions as to the administration and operation of the Program and the selection of the potential winners are final and binding in all matters related to the Program. On or around the date that a Tour i golf ball has been used by a 2010 tournament winner on the North American PGA or LPGA Tour the Sponsor will randomly select the potential Program winners for the allocated Prizes from all eligible entries received during the Promotion Period. The potential winners will be notified by mail, email or phone. The potential winners will be required to correctly answer unaided a time-limited arithmetical skill-testing question administered by email. The potential winners will also be required to sign and return to Sponsor, within three (3) days of the date notice or attempted notice is sent, a Prize Winner Declaration Form in order to claim the designated prize. If a potential winner cannot be contacted, or fails to sign and return the Prize Winner Declaration Form within the required time period, that potential winner forfeits the designated prize. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that 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 eligible entries.
6. Prizes: All prizes are non-transferable and no substitution (cash or otherwise) will be made except as provided at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any prize for one of equal or greater value if the designated prize should become unavailable for any reason.
Prizes:
Limit One prize per winner. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
7. Release of Liability: The Sponsor shall accept no responsibility for loss, damage or claims caused by the awarded prizes or the Program itself. By entering, entrants release and hold harmless the Sponsor, Callaway Golf Company, its and their affiliated and related companies and advertising and promotional agencies and all of their respective directors, officers, shareholders, employees, agents, successors and assigns (collectively, the "Released Parties") from any and all liability for any injuries, loss or damage of any kind arising from or in connection with the Program or use or misuse of any prize won.
8. Publicity: By entering the Program, each entrant consents to the use of his or her name, age, address, photograph, likeness and essay (where applicable) in any publicity related to this Program carried out by the Sponsor, without compensation, worldwide and in perpetuity, in any and all forms of media now known or hereafter devised, including the Internet, unless prohibited by law.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Program, 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 Program, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Program or to be acting in violation of these Official Rules or any other Callaway Golf promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties 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 Program; (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 Program; (4) technical or human error which may occur in the administration of the Program or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Program or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Program, provided that if it is not possible to award another entry due to discontinuance of the Program, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the prizes offered in these Official Rules. No more than the stated number of prizes will be awarded.
11. Disputes: Except where prohibited by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this program or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Program, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Program, shall be governed by, and construed in accordance with, the laws of the province/territory of the dispute without giving effect to any choice of law or conflict of law rules.
12. Entrant's Personal Information: All entries become the sole property of Sponsor and will not be acknowledged or returned. By entering the Program, all entrants consent to Sponsor’s collection, use and disclosure of personal information to any third party for the purposes of administering the Program and unless otherwise specified, for consumer research and marketing purposes. To the extent permitted by law, upon entering into this Program, each entrant agrees to Sponsor’s use of his/her personal information as described in its Privacy Policy located at http://www.mycallaway.ca/privacy_en.jspx .
13. Winner’s List: The name of the Program winners will be posted at www.mycallaway.ca/contests/winners.jspx once they have been contacted and have returned a fully completed Prize Winner Declaration Form.
14. Residents of Quebec: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Regie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Regie only for the purpose of helping the parties reach a settlement.
15. More Winners than Anticipated: If, as a result of an error relating to the entry process, drawing or any other aspect of the Program, there are more potential winners of prizes than contemplated in these rules, there will be a random draw amongst all eligible prize claimants to award the correct number of prizes.
16. Contest Rules: These Official Rules are available at http://www.mycallaway.ca/contests/touri_rules.html or may be obtained by writing to:
Callaway’s Tour i Wins, You Win Official Rules
7100 Woodbine Ave, Suite 108
Markham, ON
L3R 5J2