Golf Digest's Ultimate Lexus U.S. Open Sweepstakes Rules and Regulations
The following promotion is intended for the 48 contiguous United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the 48 contiguous United States or D.C., 21 years or older, and accessing this site in the United States.
Golf Digest’s Ultimate Lexus U.S. Open Sweepstakes OFFICIAL RULES NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN ALASKA, HAWAII, AND WHERE PROHIBITED.
- How to Enter: Beginning at 9:00 a.m. ET on June 7, 2021 until 9:00 a.m. ET on June 21, 2021 (the “Promotion Period”), you may enter the Golf Digest's Ultimate Lexus U.S. Open Sweepstakes (the “Promotion”) by visiting the Golf Digest website (https://golfdigest.com/GolfDigests-Ultimate-Lexus-US-Open-Sweepstakes) (the “Website”) and completing and submitting the online entry form. Incorrect and incomplete entries are void. These Official Rules are also available on the Website.
Limit of one (1) entry per eligible person during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant and such individual must comply with these Official rules. 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. Potential winner may be required to show proof of being the authorized account holder.
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- Eligibility: This Promotion is open only to legal residents of the 48 contiguous United States and D.C. who are 21 years of age or older as of the Promotion start date. Employees and members of their households, whether or not related, and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible. Void in Alaska, Hawaii, and where prohibited.
- Publicity Grant: Except where prohibited, participation in the Promotion constitutes your consent to Promotion Entities’ use of your name, photograph, likeness, statements, biographical information, voice, entry, and state of residence for promotional purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
- Limitations of Liability: Discovery Golf, Inc. dba Golf Digest (“Sponsor”), Ritway, Inc., the United States Golf Association (“USGA”), Lexus/Toyota Motor Sales U.S.A., Inc. and any other participating sponsors (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, prize suppliers, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) (collectively, “Released Parties”) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due or any combination thereof. Online submission is not considered proof of delivery or receipt. Upon submission, all entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Released Parties from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion (including any travel or activity related thereto) or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- How Winner will be Determined: One (1) potential Grand Prize Winner (the “Grand Prize Winner”) will be selected in a random drawing from among all eligible entries on approximately June 22, 2021, and will be contacted by phone or email on or about three (3) business days following the drawing. Sponsor’s decisions with respect to the Grand Prize Winner, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. The prospective Grand Prize Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of issuance of prize notification. If Sponsor is unable to contact the prospective Grand Prize Winner within three (3) days from first notification attempt, if the prospective Grand Prize Winner fails to complete and return all requested forms by the specified date, if the potential Grand Prize Winner does not pass Sponsor’s background check (in its sole discretion) or if the prospective Grand Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected. The odds of winning depend upon the number of eligible entries received. Sponsor reserves the right to conduct a background check on the potential Grand Prize Winner and reserves the right in its sole discretion to disqualify such individual based on such background check if Sponsor determines in its sole discretion that awarding the prize to such potential Grand Prize Winner might reflect negatively on Sponsor or any of the Promotion Entities. Failure by potential Grand Prize Winner to agree to a background may also result in disqualification.
- Conditions of Entry: If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date or as otherwise deemed fair and appropriate by Sponsor. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Prize: The Grand Prize Winner will receive the following (the “Grand Prize Items”): a trip for two (2) to Pebble Beach Resorts consisting of: (i) round-trip coach class airfare for Grand Prize Winner and one (1) guest to and from the Monterey Regional Airport in Monterey County, California, and the major U.S. airport nearest Grand Prize Winner’s residence within the 48 contiguous U.S. (as determined by Sponsor in its sole discretion); (ii) two (2) day/two (2) nights hotel accommodations (one room, double occupancy, room rate and tax only) at Pebble Beach Resort (or at another hotel in Sponsor’s sole discretion); (iii) the use of a Lexus® vehicle to be driven solely by the Grand Prize Winner during the referenced stay in (ii); (iv) a round of golf for two (2) guests at a Pebble Beach Resorts course (pending tee time availability) (or other course to be determined by Sponsor); and (v) U.S. Open® merchandise from the USGA for Grand Prize Winner only ((i) through (v) collectively the “Grand Prize”). Total approximate retail value (“ARV”) of the Grand Prize: $6,700.
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility. Winner will be issued a 1099 tax form for the actual value of the Grand Prize.
Travel must be round trip. Sponsor will determine airline, flight itinerary and other trip details in its sole discretion. If in the judgment of Sponsor air travel is not required due to Grand Prize Winner's proximity to destination, air transportation may be substituted with another method of transportation at Sponsor's sole and absolute discretion. If winner elects to partake in any or all portions of his/her prize with no guest, no substitutions will be provided for unawarded portions of prize. Grand Prize Winner will not receive difference between actual and ARV. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Car rental is subject to availability and rental provider’s terms and conditions, which includes having a valid driver’s license. Subject to availability, driver must be at least 21 years of age and have a major credit card in his or her name. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All travel must be completed by December 31, 2021, and must be arranged with Sponsor a minimum of sixty (60) days in advance, and is subject to availability and Sponsor’s approval. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Grand Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. If Grand Prize Winner is unable to fulfill Grand Prize during time period, Grand Prize Winner forfeits the Grand Prize in its entirety and an alternate winner may be selected. Meals and beverages, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are not included. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize Winner and guest must travel the same itinerary or prize will be forfeited in its entirety. Grand Prize Winner and guest are solely responsible for obtaining any identification documents necessary for domestic travel. If Grand Prize Winner is not legally eligible for travel to the destination, the Grand Prize will be forfeited in its entirety and an alternate winner may be selected. The guest of Grand Prize Winner must be legal U.S. residents and at least twenty-one (21) years of age or older, unless child or legal ward of the Grand Prize Winner, and must each sign a release of liability and publicity. If Grand Prize Winner’s guest fails to return such documents within date and/or time indicated within such documents, then the Grand Prize Winner may forfeit the right to take the guest. Grand Prize cannot be transferred or substituted, or redeemed for cash, except at Sponsor’s sole discretion. Grand Prize Winner and guest must comply with all venue rules and regulations. All travel is subject to any and all advisories, restrictions or requirements instituted by the U.S. Department of Defense, the U.S. Department of Homeland Security and/or the U.S. Centers of Disease Control and Prevention, as required, including but not limited to passing one (1) or more COVID-19 antigen and screening tests and testing negative for COVID-19 and/or providing proof of being fully vaccinated and executing any assumption of risk or other documents relating to COVID-19. Winner and travel companion/guest fully understands that (a) the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, “COVID-19”) is extremely contagious and there is an inherent risk of exposure to COVID-19 in any place where people are or have been present; (b) no precautions, including the protocols that may be implemented from time to time based upon public health and government-sponsored guidelines (collectively, the “Protocols”), can eliminate the risk of exposure to COVID-19; (c) while people of all ages and health conditions have been adversely affected by COVID-19, certain people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions; and (d) exposure to COVID-19 can result in being subject to quarantine requirements, illness, disability, other short-term and long-term health effects, and/or death, regardless of age or health condition.
- Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Maryland. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Montgomery County, Maryland, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Maryland. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
- Severability: If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and the Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
- Winner List: Beginning on or about July 13, 2021, or whenever the Grand Prize Winner confirmation is complete, you may obtain the name of the Grand Prize Winner by going to the Website through August 13, 2021.
- Sponsor: Discovery Golf, Inc. dba Golf Digest, 8403 Colesville Road, Silver Spring, Maryland 20910.
- Administrator: Ritway, Inc., 1463 E. Weisgarber Rd., Knoxville, TN 37909.
- Trademark Attribution: U.S. Open® and Lexus® trademarks are trademarks of their respective owners. The United States Golf Association is not a sponsor or administrator of the Promotion.
The Sweepstakes and all accompanying materials are © 2021 Discovery Golf, Inc. dba Golf Digest.