ELIGIBILITY: The ‘Win With Phil’ Promotion (the “Promotion”) is only open to legal residents of the 50 United States and Washington D.C., at least 18 years of age or older at time of entry. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries and where prohibited or restricted by law. Employees and immediate family members (parents, children or siblings, whether or not the individual lives in the same household) of Callaway Golf Sales Company, Golfsmith International, Inc., Phil Mickelson, GSD&M Idea City, Little & King Co., LLC, Augusta National, Inc., and their respective sponsors, parent companies, affiliates, subsidiaries, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of the Sweepstakes (all of the above, together with Sponsor, collectively referred to as “Promotion Entities”) are not eligible to enter. “Household member” shall mean people who share the same residence at least 3 months a year. All federal, state, and local laws and regulations apply.
AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Receiving a Refund or Promotional Item is contingent upon your fulfillment of all requirements set forth herein.
HOW TO PARTICIPATE: There are two (2) ways to participate, as set forth below. There is a limit of one (1) entry per person, household, and address, regardless of method of participation.
PURCHASE A PROMOTIONAL ITEM: Purchase any new 2010 Callaway Golf FT-iZ Driver, Callaway Golf FT-Tour Driver, Callaway Golf Diablo Edge Driver, or Callaway Golf Diablo Edge Tour Driver (“Promotional Items”) at any Golfsmith retail location in the United States between March 10 and April 7 (the “Promotion Period”). Save your original receipt; no Refund (as defined below) will be issued without submission of an original Golfsmith receipt (as set forth below). This Promotion is not valid for (i) purchases made from any place other than a Golfsmith retail location in the United States (ii) items purchased at Golfsmith on dates outside of the Promotional Period, (iii) items purchased online or by phone, or (iv) Promotional Items returned to Golfsmith prior to issuance of corresponding Refund. YOU MAY ONLY RECEIVE ONE (1) REFUND PER PERSON, HOUSEHOLD, AND ADDRESS, REGARDLESS OF THE NUMBER OF PROMOTIONAL ITEMS YOU PURCHASED. UPON DETERMINATION OF ELIGIBILITY, NO MORE THAN ONE (1) REFUND WILL BE SENT TO ANY SINGLE HOUSEHOLD/ADDRESS REGARDLESS OF HOW MANY INDIVIDUALS AT SUCH HOUSEHOLD/ADDRESS HAVE ENTERED THE PROMOTION. Promotional Items purchased during the promotional period and returned under Golfsmith's Return Policy are subject to a 10% restocking fee. Restocking fee is equal to 10% of the original line item price on the original transaction prior to any discounts or adjustments being applied.
PARTICIPATE BY MAIL: To participate without making a purchase, visit any Golfsmith retail location, and ask a sales associate for an Official ‘Win With Phil’ Entry Form. Complete the Official Entry Form and mail it to the address indicated on the Form (Win With Phil Promotion; PO Box 8427; Melrose Park, IL 60161-8427 ). Submissions must be postmarked by April 7, 2010 and received prior to April 23, 2010 (the ‘Mail in Entry Period’). Mail in submissions received outside of the Mail in Entry Period will not be accepted or honored. Submissions will not be acknowledged or returned and proof of sending will not be deemed proof that the submission was received. NO COPIES OF AN OFFICIAL ENTRY FORM WILL BE ACCEPTED.
HOW TO GET A REFUND/PROMOTIONAL ITEM: Please note that there is a limit of one (1) Refund or Promotional Item per person, household, and address. Upon determination of eligibility, no more than one (1) Refund or Promotional Item will be sent to any single household/address regardless of how many individuals at such household/address have entered the Promotion.
IF YOU PURCHASED A PROMOTIONAL ITEM: If Phil Mickelson wins the 2010 Masters Tournament designated to take place April 8-11, 2010 or as may be officially rescheduled at the Augusta National Golf Club in Augusta, GA (the “2010 Masters”), you will be eligible to receive a refund (the “Refund”) payable by check in the amount of the total purchase price of one (1) Promotional Item you purchased during the Promotional Period, based on date and amount shown on your original receipt. To obtain a Refund, you must mail your original receipt for a qualifying Promotional Item (which must clearly show the date of purchase) along with a 3x5 card with your name, mailing address, daytime telephone number, and e-mail address to Win With Phil Promotion; PO Box 8427; Melrose Park, IL 60161-8427. No copies of receipts will be accepted. Refund requests must be postmarked between April 12, 2010 and April 30, 2010 (the “Refund Period”). No Refunds will be issued for requests postmarked outside the Refund Period. Requests will not be acknowledged or returned and proof of sending a request will not be deemed proof that the request was received. We recommend that you keep a copy of your receipt and proof of purchase for your records. All requests are subject to verification by the Sponsor. Refund checks will be mailed within 8 to 10 weeks after verification. Once a submission has been made to receive a Refund, no exchanges or returns on Promotional Items will be allowed. Unclaimed Refunds will not be awarded.
IF YOU PARTICIPATED BY MAIL: If Phil Mickelson wins the 2010 Masters, the Sponsor will mail you the Promotional Item you indicated on the Official Entry Form within 12-16 weeks after the conclusion of the 2010 Masters. No cash or other substitution is allowed except by the Sponsor who may substitute a Promotional Item with another item of equal or greater value if the Promotional Item you designated becomes unavailable, as determined by the Sponsor in its sole discretion.
FOR ALL REQUESTS: Official results of the 2010 Masters shall be those declared by the Masters Tournament Committee. Limit one (1) Refund per person/household/address, regardless of method of participation. If Phil Mickelson does not win the 2010 Masters Tournament, no Refunds or Promotional Items will be awarded. The Sponsor shall determine whether any participant has fulfilled all of the requirements necessary to receive a Refund or Promotional Item. You are responsible for any costs and taxes not set forth herein.
GENERAL CONDITIONS: If Phil Mickelson fails to win the 2010 Masters (whether due to a failure to play, failure to finish in first place, or failure to finish the event), no Refunds or Promotional Items shall be awarded. In the event that Phil Mickelson announces his intention not to play in the 2010 Masters in advance of the event, Sponsor reserves the right (but is not obligated), in its sole and absolute discretion, to select a substitute Callaway Golf Tour Staff Professional in his place and stead. In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, the Sponsor may, in its sole discretion, suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules. The 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 Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Promotion is subject to federal, state, and local laws and regulations and is void where prohibited.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, you agree to release and hold harmless the Promotion Entities, and their respective parents, subsidiaries, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Promotion or the processing of submissions/requests; or (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 Promotion or receipt or use of any Promotional Item. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion, and in no event shall the Released Parties 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.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Texas. 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 Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas.
WINNERS LIST: For a list of winners, send a separate, self-addressed, stamped envelope to: “Win With Phil Winners,” c/o Little & King Co., LLC, 20 Iroquois Place, Massapequa, NY 11758 by 4/30/2010.
SPONSOR: The Promotion is sponsored by Golfsmith International, Inc., 11000 N IH-35, Austin, TX 78753 (the “Sponsor”). The Promotion is not sponsored or endorsed by Phil Mickelson or Augusta National, Inc.
ADMINISTRATOR: Little & King Co., LLC, 20 Iroquois Place, Massapequa, NY 11758.