Phigolf X b8ta Mini Tournament - Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTEST IS OFFERED ONLY IN CERTAIN STATES WITHIN THE UNITED STATES. MANY WILL ENTER, FEW WILL WIN.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 48 CONTIGUOUS CONTINENTAL UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR: PhiNetworks Co. Ltd. #1709, G-Plus Kolon Digital Tower 123, Digital-ro 26-gil, Guro-gu. Seoul, South Korea
The PhiGolf x b8ta Mini Tournament (the “Contest”) is open only to individuals who are (a) eighteen (18) years of age or older at the time of entry and (b) legal residents of the 48 contiguous continental United States or the District of Columbia. The following individuals are not eligible to enter or win a prize: employees, contractors, representatives, agents, directors, and officers of PhiNetworks Co. Ltd. (“Sponsors”) and its parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the Contest, including, without limitation, b8ta, inc., and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each.
By participating in this Contest, you fully and unconditionally agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsors in all matters relating to the Contest. Winning is contingent upon, among other things set forth in these Official Rules, fulfilling all requirements in the Official Rules.
- Contest Period and Eastern Daylight Time Zone
The entry period for the Contest commences on June 12, 2021 at 8:00AM PDT and ends on June 13, 2021 at 11:59PM PDT (“Contest Entry Period”). Contestants may only enter in person at b8ta stores.
All times are Pacific Daylight Time (“PDT”), unless otherwise stated. Sponsors’ computer is the official time-keeping device for the Contest.
- How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT, PROOF OF PURCHASE OR ANY CONSIDERATION OF ANY KIND IS NECESSARY TO PARTICIPATE.
To enter, contestants must be present in-person at the Location and complete the below requirements during the Contest Entry Period. Each contestant must play the first 3 holes on the Wolf Creek course in the WGT mobile app. For each hole, the contestant may take only one swing to try to get as close to the hole as the player can.
Scoring and Judges
The score for each hole is based on WGT Closest to the Hole Scoring rules (the “WGT Rules”).
The final score for an individual is the combined scores of the 3 holes for that person. First place is the person with the lowest score at the end of the tournament. Second and Third places are the second and third lowest scores respectively. Additionally, for the third hole, anybody who holes out wins a Phigolf. The scoring will be judged and confirmed by a member of the Sponsor’s team experienced with the WGT Rules.
Compliance with the entry requirements will be determined by Sponsors in their sole discretion. Submissions that violate these entry requirements, as determined by the Sponsors in their sole discretion, or do not meet the submission deadlines will be disqualified from the Contest.
If Sponsor determines an entry is invalid it may select an alternate winner.
- Winner Selection and Notification
On or about June 14, all winners will be contacted by email to arrange for shipping of prizes.
- Contest Prizes and Prize Claims
- First Place: Phigolf Buddy Pack (2 units of Phigolf WGT Edition)
- Second Place: Phigolf WGT Edition (1 unit)
- Third Place: PuttOut and PuttOut mat
- Hole out at Hole #3: Phigolf WGT Edition (1 unit)
The total Approximate Retail Value (ARV) of all prizes offered in this Contest is at least $1,096.
THE PRIZES ARE PROVIDED “AS IS” AND CARRY NO WARRANTY WHATSOEVER. SPONSORS HAVE NEITHER MADE NOR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO THEIR QUALITY OR MECHANICAL CONDITIONS. SPONSORS HEREBY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, TITLE, AND NONINFRINGEMENT.
Odds of winning depend upon number of entries received. The winners are subject to verification, including verification of age and residency. The prizes are non-transferable and no prize substitution is permitted, except at the sole discretion of the Sponsors. If a prize cannot be awarded for any reason, Sponsors reserve the right in their sole discretion to substitute a prize with one of comparable or greater value.
The winners are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a prize. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner.
As a condition of receiving a prize, the winner must sign and return any documents requested by Sponsors, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the prize. The winner will be issued an IRS Form 1099 in the amount of the actual retail value of the prize and must provide Sponsors with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes prior to being awarded the prize.
Within one (1) week of receipt of notification regarding prize winning, the winner must provide the winner’s full name and valid mailing address to Sponsors so that Sponsors can mail the prize to the winner. Sponsors will pay for the cost of mailing the prize to the winner. The method of shipping and the carrier will be determined in the sole discretion of Sponsors. If the winner (a) is determined to be ineligible, (b) fails to respond to the initial message regarding prize winning within one (1) week of notification or after three (3) attempts (whichever occurs first), (c) fails to provide the winner’s full name and valid mailing address within one (1) week of receipt of notification regarding prize winning, or (d) fails to sign and return all requested documents by the specified return date, the winner forfeits the prize in its entirety and an alternate winner will be announced based upon a random drawing of the other eligible entries received during the Entry Period.
By participating in the Contest, you grant to Sponsor and its affiliated companies and agents, licensees and assigns, the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), voice, biographical information, entry (including the submitted photo) and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), biographical information, or entry (including the submitted photo).
- Release and Limitations of Liability
By participating in the Contest, you agree to release and hold harmless the Sponsor, b8ta, inc., their respective parent companies, subsidiaries, divisions, affiliates, suppliers, brokers, printers, distributors and advertising, and any other entities affiliated with the administration of the Contest, together with the respective officers, directors, employees, and agents of each (collectively, the "Releasees") from and against any claim or cause of action arising out of participation in the Contest or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Contest; (d) errors in the administration of the Contest or the processing of entries; (e) changes to Instagram policies and procedures that may interfere with the operation of the Contest; (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contest or receipt of any prize; (g) if a winner, the use of name and/or photograph for advertising and publicity purposes without compensation (unless prohibited by law) and you further agree to execute specific consents to such use if asked to do so, and to the announcement of his or her name, city and state; and/or (h) any representation, warranty or guaranty, in whole or in part, in law or in fact, that the Releasees may have made relative to the prize or otherwise. You further agree that in any cause of action, the Releasees’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Releasees be liable for attorney’s fees. YOU WAIVE THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY CONTEST -RELATED WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree to indemnify and hold the Releasees harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Releasees due to or arising out of your participation, or your conduct in creating an entry or otherwise in connection with the Contest, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
- LEGAL WARNING
ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Sponsors’ Reservation of Rights
If the Contest is not capable of running as planned for any reason, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsors reserve the right, at their sole discretion, to disqualify any individual who is responsible or who tampers with the entry process or otherwise acts in violation of these Official Rules, and to cancel, modify, or terminate the Contest. In the event of cancellation, Sponsors reserve the right to randomly draw an alternate winner from all eligible, non-suspect entries received prior to cancellation. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, your sole remedy shall be another entry into the Contest.
- Governing Law and Jurisdiction
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsors in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By entering, you consent to the jurisdiction and venue of the state and local courts located in Santa Clara County, California and the federal courts located in the Northern District of California for the resolution of all disputes, and agree that any and all disputes shall be resolved exclusively in those courts. Sponsors’ failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Any personally identifiable information collected during your participation in the Contest will be collected and used by Sponsors and its designees (i) for the proper administration and fulfillment of the Contest and as otherwise described in these Official Rules and (ii) to send you newsletters relating to Sponsors events, products, and services which may be of interest to you. To unsubscribe from Sponsors commercial e-mail lists, use the unsubscribe link in any commercial e-mail message you receive. Unsubscribing will not affect your eligibility to win the Contest.
- Winner’s List
For the first name, last initial, city and state of the winners, send an email specifying your request(s) to email@example.com. Requests must be received no later than sixty (60) days after the end of the Contest Entry Period.
- Subject to Change
These Official Rules and the terms and conditions contained herein are subject to change at Sponsor’s sole discretion.