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Kith For TaylorMade Invitational Drawing - Official Rules
OFFICIAL RULES
Kith For TaylorMade Invitational Drawing
THIS DRAWING IS FOR A CHANCE TO PURCHASE A TRIP TO PEBBLE BEACH FOR THE KITH FOR TAYLORMADE INVITATIONAL. PRICES ARE OUTLINED IN THE DRAWING.
- General. The Kith For TaylorMade Invitational Drawing (the “Drawing”) is sponsored by Kith Retail LLC (“Sponsor”). The Drawing is subject to these Official Rules and to all applicable federal, state, and local laws. Void in Puerto Rico, United States possessions and territories, and where prohibited or restricted by law.
- Eligibility. This Drawing is open to legal United States residents of the 50 United States and the District of Columbia who are over the age of majority in their state of residence as of the time of entry. Employees of Sponsor, its affiliates, parent company, subsidiaries, tournament entry providers and advertising and promotion agencies (the “Drawing Entities”), together with the immediate families (spouses, parents, siblings, and children) and those persons living in the same household as such employees (whether or not related), are not eligible to enter or win. Drawing Entities, as referenced herein, shall specifically include Kith Retail LLC and Taylor Made Golf Company, Inc. and each of their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Drawing.
- Entry Period. The entry period (“Entry Period”) will begin at 11 a.m. Pacific Time on 4/2/24, and will end at 11:59 p.m. Pacific Time on 4/8/24.Sponsor’s (or Sponsor’s designated representative's) computer is the official timekeeper for the Drawing.
- How to Enter. If you have subscribed to the Kith application (the “App”), follow the instructions within the App to go to the entry page, and complete and submit all required information during the Entry Period.
The App is available from the Apple App Store or Google Play. Limit one (1) entry per person. Any other form of entry is void. In the event of a dispute over the identity of an entrant, the authorized account holder of the email address used to set up the App will be deemed to be the entrant. The authorized account holder of an email address shall mean the natural person assigned to such account by the Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with such account. The potential winner may be required to provide identification sufficient to show that he/she was the authorized account holder of such email address.
All entries become the property of Sponsor and will not be returned to entrant. Automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro, bot or Drawing service) will be disqualified and transmissions from these or related email or IP addresses may be blocked.. All entries must be received and recorded during the Entry Period to be eligible for the drawing.
Please note that any normal Internet access and usage charges imposed by your Internet service provider will apply. If you use a mobile device to download the App, your wireless service carrier’s standard charges, data rates and other fees may apply. You understand that by participating in this Drawing via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which may be subject to charges pursuant to your carrier’s rate plan.
- Tournament Entry and Odds. There is one tournament entry to be purchased, consisting of one or more spots in the Kith for Taylormade tournament. The approximate retail value (“ARV”) of the tournament entry is $6000. Winner is responsible for all other expenses associated with receipt and use of Tournament entry (travel to and from the Tournament).
Odds of winning depend on the number of eligible entries received during the Entry Period.
- Winner Selection and Notification. The winner will be selected by drawing from all eligible entries received. The drawing will be conducted by Sponsor or Sponsor’s representative on or about April 8th,following the end of the Entry Period. The potential winner for the Drawing will be notified via email at the email address provided by the entrant. If a potential winner does not respond to the email within 24 hours of the first notification attempt, that potential winner may be disqualified and an alternate potential winner will be selected from the remaining eligible entries. If a potential winner is found to be ineligible, does not or cannot comply with these Official Rules, or if the tournament entry notification is returned as undeliverable, the potential winner will be disqualified and an alternate potential winner will be selected; provided, however, that if Sponsor has been unable to successfully notify a qualified potential winner after Sponsor has attempted to notify five (5) potential winners, Sponsor may elect not to award a tournament entry for the Drawing.
As a condition of receiving a tournament entry, the potential winner may be required to complete, sign and return to Sponsor an affidavit of eligibility and liability release and, except where prohibited by law, a publicity release within the time period designated by Sponsor, if Sponsor so requests, in Sponsor’s sole discretion. If a potential winner fails to do so, or is found to be ineligible, that potential winner will be disqualified. It is winner’s sole responsibility to make sure that Sponsor has accurate address information for winner.
Please note that no entrant is a winner of a tournament entry unless and until such entrant’s eligibility has been verified and Sponsor has confirmed such verification to the winner.
- General.THIS DRAWING IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE, MUNICIPAL AND LOCAL LAWS AND REGULATIONS. Tournament entry is non-transferable; no substitutions or exchanges by winner permitted. Tournament entry may not be redeemed for cash value.
Sponsor has not made and is not responsible for, and hereby disclaims, any representation, warranty or guaranty, express or implied, in fact or in law, relative to the tournament entry.
By participating in the Drawing, each entrant agrees for entrant and for entrant's heirs, executors, and administrators to release, indemnify, defend, and hold the Drawing Entities and their respective officers, directors, employees and representatives (“Released Parties”) harmless from any and all losses, damages, rights, claims, and actions of any kind in connection with the Drawing. By participating in this Drawing, each entrant agrees to abide by and be bound by these Official Rules, and to waive any right to claim any ambiguity or error herein or in the Drawing itself, and to be bound by all actions of the Sponsor and/or Sponsor's representative, whose decisions are binding and final on all matters related to this Drawing. By accepting the tournament entry, winner grants to Sponsor the right to use his/her name, likeness, hometown, and biographical information for any lawful purpose (including but not limited to advertising and promotion), in perpetuity, in any media now known or hereafter developed, without further permission or compensation, except where prohibited by law. By accepting the tournament entry, winner agrees for himself/herself and for his/her heirs, executors and administrators to release, hold harmless, indemnify and defend the Released Parties and their respective officers, directors, employees and representatives from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death, arising out of participating in this Drawing, or the acceptance, possession, use or misuse of any tournament entry, or while preparing for, participating in and/or traveling to or from any tournament entry related activity and claims based on rights of publicity, rights of privacy, defamation or tournament entry delivery.
Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate registration or entry information, or for any faulty, failed, garbled or jumbled electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Drawing; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the operation of the Drawing; (d) inaccessibility or unavailability of the internet in general; or (e) any injury or damage to participant’s or to any other person’s computer which may be related to or result from any attempt to participate in the Drawing.
Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Drawing (or any portion of the Drawing) should any cause or problem corrupt or inhibit the administration, security or proper operation of the Drawing and, in such situation, to select the winner in such manner as deemed fair and appropriate by Sponsor. If, in the Sponsor's opinion, there is any suspected or actual evidence of tampering with any portion of the Drawing, or if technical difficulties compromise the integrity of the Drawing, Sponsor reserves the right to void suspect entries and/or terminate the Drawing (or any portion of the Drawing) and select a winner using all known eligible non-suspect entries received as of the date of termination. Sponsor may prohibit entrant from participating in the Drawing or winning a tournament entry if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Drawing by cheating, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor’s representatives. Any attempt by an entrant to deliberately undermine the legitimate operation of the Drawing is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law. Sponsor is not responsible for typographic or printer's errors. In no event will more than the number of tournament entries stated in these Official Rules be awarded.
- WAIVER. BY PARTICIPATING IN THIS DRAWING, ENTRANTS AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE DRAWING, OR ANY TOURNAMENT ENTRIES OR OFFERS 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 THE DRAWING, BUT IN NO EVENT WILL ATTORNEY’S FEES BE AWARDED OR RECOVERABLE; AND (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND/OR ANY OTHER DAMAGES (OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES) AND/OR ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE FOREGOING MAY NOT APPLY TO EVERY ENTRANT.
- Governing Law.THIS DRAWING SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. VENUE FOR ANY ACTIONS HEREUNDER SHALL BE IN THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN DIEGO COUNTY, CA.
- Use of Information. Personally identifiable information that is submitted by entrants as part of this Drawing will be used to administer the Drawing, select the tournament entry winner and fulfill the tournament entry, and will be subject to Sponsor’s privacy policy at https://kith.com/pages/privacy-policy .
- Sponsor. Kith Retail LLC