Golfsmith Driver Refund Promotion Official Rules

No Purchase Necessary to Participate.
A Purchase Will Not Increase Your Chance of Receiving a Refund or Promotional Item.

  1. General: Sponsor and its Agents are not responsible for any typographical and/or other error(s) in printing of any Promotional materials or the administration of the Promotion. Sponsor and its Agents are not responsible for any lost, late, illegible, misdirected, incomplete or postage-due Submissions. As a condition of participating, participants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) to release Sponsor, its affiliates, subsidiaries, retailers, sales representatives, distributors, and advertising and promotion agencies, and each of their officers, directors, employees and agents ("Promotional Parties"), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any Refund or Promotional Item, (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any Refund or Promotional Item awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. ANY PERSON ATTEMPTING TO FORGE RECEIPT, SUBMISSION, TO DEFRAUD GOLFSMITH IN ANY WAY IN CONNECTION WITH THIS PROMOTION, AND OR TO RECEIVE MORE THAN ONE (1) REFUND/PROMOTIONAL ITEM PER PERSON/HOUSEHOLD/ADDRESS, REGARDLESS OF METHOD OF SUBMISSION, WILL BE AUTOMATICALLY DISQUALFIED BY SPONSOR IN SPONSOR'S SOLE DISCRETION AND WILL NOT RECEIVE A REFUND OR A PROMOTIONAL ITEM AND MAY BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
  2. Eligibility: Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of purchase. Employees, contractors, directors and officers of Golfsmith International, Inc. (“Sponsor”), Taylor Made Golf Company, Inc., and their respective parents, subsidiaries and affiliated companies, distributors, insurers, advertising, fulfillment, judging and promotion agencies (collectively, “Sponsor and its Agents”), and their immediate family members (parent, child, sibling and spouse of each) and those living in their same households of each are not eligible. The Promotion is available to individuals only. Corporations, associations, or other groups may not participate in the Promotion.
  3. Governing Law: By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s 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 State of Texas, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Travis County, Texas.
  4. Payment of Refund or Fulfillment of Promotional Item:

    a. If You Purchased a Promotional Item: Golfsmith and its agents will determine, in their sole discretion, whether the conditions for paying a Refund as outlined in Section 2(a) above have been met. All Purchase Submission claims for a Refund are subject to verification by Golfsmith. If such conditions have been met, as stated in 1(a), to obtain a Refund you must mail your original receipt (which clearly shows the date of purchase) for a qualifying Promotional Item along with a 3x5 card detailing your name, mailing address including zip code, day time phone number and an email address ("Submission") to Golfsmith Driver Refund Promotion, P.O. Box 6168, Douglas, AZ 85655-6168, beginning April 13, 2009 and postmarked no later than April 30, 2009 ("Refund Period"). No Refunds will be issued for Submissions postmarked outside the Refund Period. We recommend that you keep a copy of your original receipt and Purchase Submission for your records. Purchase Submissions are automatically null and void and will be rejected if receipt was not obtained through legitimate channels, is not original, was stolen, or was tampered with in any way, in Sponsor's sole discretion. No copies or other mechanical reproductions of receipts will be allowed.

    All Refunds for qualifying Promotional Item purchases will be in the form of a check and mailed first class; allow 4 to 6 weeks from April 30, 2009 for processing and delivery. Refund recipients will be notified by mail. Shipping charges, if any, on a Purchase Submission will not be refunded. Once a Purchase Submission has been made to receive a Refund, no exchanges or returns on Promotional Items will be allowed. All Purchase Submissions become property of Sponsor and none will be returned. All Purchase Submissions are subject to verification by Sponsor whose decisions are final and binding in all regards. If any Refund is returned as undeliverable, or is not accepted for any reason, Refund will be forfeited. Unclaimed Refunds will not be awarded.

    b. If you Participated by Mail Without Purchasing a Promotional Item: If you participated through the mail-in method set forth above in Section 1(b), Golfsmith will mail you the Promotional Item of your choice, as designated on your No Purchase Submission.

    Promotional Items awarded to No Purchase Submission Participants by Mail will be fulfilled by the Sponsor and will be shipped via Ground transport; allow 10-12 weeks from April 17, 2009. All No Purchase Submissions become property of the Sponsor and none will be returned. All No Purchase Submissions are subject to verification by Sponsor whose decisions are final and binding in all regards. If any Promotional Item is returned as undeliverable, or is not accepted for any reason, the Promotional Item will be forfeited and will not be awarded.

  5. How to Participate: There are two (2) ways to participate.

    6. a. Purchase a Promotional Item: Purchase any new Taylor Made R9, Taylor Made ’09 burners or Taylor Made r7 limited driver (“Promotional Items”) at any Golfsmith retail location nationwide, online at www.Golfsmith.com ("Website") or by phone at 1-800-813-6897, during the period beginning March 19, 2009 and ending 11:59:59 PM Central Standard Time ("CST") April 11, 2009 (“Promotional Period”). You must mail your original receipt (which clearly shows the date of purchase) of a qualifying Promotional Item, along with a 3x5 card detailing your name, mailing address including zip code, day time phone number and an email address ("Purchase Submission") to Golfsmith Driver Refund Promotion, P.O. Box 6168, Douglas, AZ 85655-6168, beginning April 13, 2009 and postmarked no later than April 30, 2009 ("Refund Period"). This Promotion is not valid for (1) Promotional Items purchased at Golfsmith on dates outside the Promotional Period, (2) for Promotional Items returned to Golfsmith prior to issuance of any Refund hereunder, or (3) any pre-owned club purchase. There is a limit of one (1) refund per person/household/address regardless of the number of Promotional Items purchased during the Promotion Period.

    b. Participate by Mail Without Purchasing a Promotional Item: To participate without making a purchase, print the forms from www.golfsmith.com/gosergio or visit a local store and ask any employee for a copy of the entry forms.
    Fill out the forms completely     and mail to Golfsmith Driver Refund Promotion, P.O. Box 6168, Dept. 35, Douglas, AZ 85655-6168 (“No Purchase Submission”). Your No Purchase Submission must be postmarked during the Promotional Period and received by April 30, 2009 to be eligible.

    c. Limit on Submissions: There is a limit of one (1) Purchase or No Purchase Submission (jointly “Submission(s)”) per person/household/address. Submissions will not be acknowledged or returned and proof of sending a Submission will not be deemed proof that it was received. Limit one Submission per outer postmarked envelope. No mechanical reproductions of submissions allowed.

    d. This Promotion is void where prohibited. Subject to all applicable federal, state and local laws and regulations. This Promotion is valid only in the 50 United States and the District of Columbia.

  6. Conditions for Obtaining A Refund or Promotional Item:

    a. If You Purchased a Promotional Item: If Sergio Garcia wins the 2009 PGA Masters golf tournament designated to take place April 9-12, 2009 or as may be officially rescheduled at the Augusta National Golf Club in Augusta, GA (the “2009 PGA Masters”), upon presentation of a proper Purchase Submission and full compliance with the rules outlined herein, you are eligible to receive a refund (“Refund”) payable by check equal to the total purchase price of the Promotional Item you purchased during the Promotional Period (excluding any shipping charges and taxes paid), based on date and amount shown on your original receipt(s).

    b. If you Participated by Mail without purchasing a Promotional Item: If you participated through the mail-in method set forth above in Section 1(b), and if Sergio Garcia wins the 2009 PGA Masters as defined herein, upon presentation of a proper No Purchase Submission and full compliance with the rules outlined herein you are eligible to receive the Promotional Item of your choice as designated on your No Purchase Submission.

    c. Official results of the 2009 PGA Masters shall be those declared by the PGA and detailed in the official rules of the PGA set forth at www.pga.com. Limit one (1) Refund per person/household/address, regardless of method of participation.

Sponsor: Golfsmith International, Inc., 11000 N IH-35, Austin, TX 78753..

THIS PROMOTION IS ONLY SPONSORED BY GOLFSMITH INTERNATIONAL, INC. AND IS NOT SPONSORED BY OR ENDORSED BY TAYLOR MADE GOLF COMPANY, INC., AUGUSTA NATIONAL, INC., THE PGAPROFESSIONAL GOLFERS’ ASSOCIATION OF AMERICA, SERGIO GARCIA OR ANY OTHER ENTITY.

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