Last updated: 11 November 2019
Golf Advisor’s Rate to Escape: Maui Sweepstakes
Official Rules
November 11, 2019 – December 31, 2019
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Golf Advisor’s Rate to Escape: Maui Sweepstakes (“Sweepstakes”) will begin on November 11, 2019 at 12:01 A.M. ET and end on December 31, 2019 at 12:00 P.M. (noon) ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Standard Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state, provincial, and local laws. GRAND PRIZE (DEFINED BELOW) DOES NOT INCLUDE ACCOMMODATIONS, PARKING, OR TRANSPORTATION OTHER THAN SPECIFIED BELOW.
ELIGIBILITY: Open only to: (i) permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories), (ii) permanent, legal Canadian residents who are physically residing in Canada (excluding the Canadian Province of Quebec), (iii) permanent, legal United Kingdom residents who are physically residing in the United Kingdom, and (iv) permanent, legal Eire residents who are physically residing in Eire; and who are eighteen (18) years of age or older and of the age of majority in their state or territory of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include GolfNow, LLC d/b/a Golf Advisor, 7580 Golf Channel Drive, Orlando, FL 32819 United States, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 United States (collectively, “Sponsors”), OGIO, 2180 Rutherford Rd, Carlsbad, CA 92008 United States, Ritz-Carlton Kapalua, 1 Ritz Carlton Dr., Kapalua, HI 96761 United States, Royal Lahaina Resort, 2780 Kekaa Dr., Lahaina, HI 96761 United States and the Fairmont Kea Lani, 4100 Wailea Alanui Dr., Wailea-Makena, HI 96753, 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 Sweepstakes. Trip (defined below) must be taken by December 31, 2020 (or on such other dates designated by Sponsors), or Grand Prize (defined below) will be forfeited.
TO ENTER: There are two (2) methods to enter the Sweepstakes:
1. REVIEW ENTRY: To enter the Sweepstakes, during the Sweepstakes Period, visit https://www.golfadvisor.com/ (“Golf Advisor Website”), click the “Write a Review” tab, and follow the provided instructions to select a golf course that you have played and write a review of that golf course (“Review”). Then, check the appropriate box(es) indicating that you would like to enter the Sweepstakes and follow the provided instructions to complete and submit your Review (the “Review Entry”). Review should be truthful and based upon entrant’s actual experience and opinions. Review must comply with the Golf Advisor Review Guidelines, located at https://golfnow.ugc.bazaarvoice.com/content/0079gapromo/guidelines.htm. You must have a Golf Advisor account to submit a Review Entry. If you do not already have a Golf Advisor account, create a free Golf Advisor account according to the instructions on the Golf Advisor Website, which includes providing your full name, email address, and password. Review does not affect chances of winning.
2. WEBSITE ENTRY: To enter the Sweepstakes without providing a Review, during the Sweepstakes Period, visit www.golfadvisor.com/RateToEscape/ and follow the provided instructions to complete and thereafter submit the entry form, which includes your full name, telephone number, and email address (the “Website Entry”).
Review Entry and Website Entry may be collectively referred to herein as “Entry” or “Entries.” If you choose to submit your Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsors and will not be acknowledged.
Limit one (1) Entry per person during the Sweepstakes Period, regardless of method of entry. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries must be received before December 31, 2019 at 12:00 P.M. ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
By entering the Sweepstakes, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Review and to incorporate the Review in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors’ reproduction, publishing, displaying, and/or other use of the Review will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Review contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Review does not comply with these Official Rules or the Golf Advisor Review Guidelines, or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Review (and related Entry) may be rejected as ineligible for consideration and/or deleted. Entries must comply with all applicable laws, rules, and regulations.
PRIVACY: Entrants may have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors or our partners, please go to our privacy policy, located at https://www.nbcuniversal.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated. Entrants who are Canadian residents are advised that their personal information will be stored on servers located in the United States.
WINNER SELECTION AND NOTIFICATION: On or about January 8, 2020, one (1) potential grand prize winner (“Grand Prize Winner”) and twelve (12) potential first prize winners (“First Prize Winners”) will be selected in a random drawing by representatives of Sponsors located in Statesboro, GA from all eligible Entries received during the Sweepstakes Period. Grand Prize Winner and First Prize Winners may collectively be referred to herein as “Winner” or “Winners.” Sponsors representatives will make two (2) attempts to notify potential Winners by the email addresses and/or telephone numbers submitted at the time of Entry. Sponsors may share potential Winners’ names and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Potential Winners may each be required to execute and return an affidavit of eligibility, release of liability, publicity release (except where prohibited) and any other documentation that Sponsors may require (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. If the potential Winner is a Canadian resident, before being declared the actual Winner, the selected entrant must also correctly answer, unaided, a mathematical skill-testing question to be administered as part of the prize notification and/or the Sweepstakes Documents. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (defined below) or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Limit one (1) Prize (defined below) per family or household.
PRIZES: There will be twelve (12) first prizes (“First Prizes”, each a “First Prize”) awarded to First Prize Winners; one (1) First Prize will be awarded to each First Prize Winner. Each First Prize consists of one (1) Golf Advisor swag bag, which includes a shoe bag, cup, koozie, hat, and golf towel. First Prizes will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.
There will be one (1) grand prize (“Grand Prize”) awarded to the Grand Prize Winner. Grand Prize consists of a seven (7) day / six (6) night trip for Grand Prize Winner and one (1) guest (“Guest”) to Maui, Hawaii (“Trip”). Trip will include: roundtrip, coach class air transportation for Grand Prize Winner and Guest from a major commercial airport near Grand Prize Winner’s residence (as determined by Sponsors in their sole discretion) to Maui, Hawaii; one (1) rental vehicle (vehicle rental and associated vehicle rental tax only, make and model to be determined by Sponsors in their sole discretion) for Grand Prize Winner and Guest for six (6) days (“Rental Car”); two (2) nights’ accommodations (single room, double occupancy, room and tax only) at the Fairmont Kea Lani; two (2) rounds of golf during the Trip for Grand Prize Winner and Guest at the Wailea Golf Club (as determined by Sponsors in their sole discretion); two (2) nights’ accommodations (single room, double occupancy, room and tax only) at the Royal Lahaina Resort; two (2) rounds of golf during the Trip for Grand Prize Winner and Guest at a Lahaina golf course (as determined by Sponsors in their sole discretion); two (2) nights’ accommodations (single room, double occupancy, room and tax only) at the Ritz-Carlton, Kapalua; and two (2) rounds of golf during the Trip for Grand Prize Winner and Guest at Kapalua Golf & Tennis (as determined by Sponsors in their sole discretion); and two (2) of each of the following items, courtesy of OGIO, for Grand Prize Winner and Guest: Rig 9800 Travel Bag; Straight Jacket Travel Bag; and Shadow Fuse 304 Stand Bag.
Grand Prize is subject to certain additional terms and conditions as specified by issuers. Additional restrictions may apply. Grand Prize does not include incidental charges, extras (including rental golf clubs and equipment, golf caddies and golf carts), and/or gratuities. Grand Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. GRAND PRIZE DOES NOT INCLUDE PARKING, TRANSPORTATION, OR ACCOMMODATIONS OTHER THAN SPECIFIED ABOVE.
Guest must be eighteen (18) years of age or older as of the start of the Sweepstakes Period. If Grand Prize Winner is younger than twenty-five (25) years of age, Guest must be twenty-five (25) years of age or older in order to check into the applicable hotels and/or rent the Rental Car. Rental Car driver must have a valid driver’s license and a major credit card (subject to terms and conditions of Rental Car issuer in its sole discretion) and will be responsible for any associated and additional costs (including underage driver fees, insurance, gas, child seats, GPS, etc.).
Grand Prize and First Prizes may collectively be referred to herein as “Prize” or “Prizes.”
Estimated Retail Value (“ERV”) of each First Prize is one hundred fifty dollars ($150). ERV of Grand Prize is six thousand nine hundred fifty-two dollars ($6,952). ERV of all Prizes is eight thousand seven hundred fifty-two dollars ($8,752). All Prize values are stated in United States dollars. Actual Retail Value (“ARV”) of Prizes may vary based on, among other things, availability, existing rates at time of booking, dates of travel, and point of departure. Any difference between ERV and ARV will not be awarded. If Winner is a resident of the United States, for any Prize with an ARV of six hundred dollars ($600) or greater, Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Prize for the year in which Prize was won.
All details of Prizes will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a Prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prizes are the sole responsibility of Winners. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. If a Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
The Trip must be taken by December 31, 2020 (or on such other dates designated by Sponsors), or Grand Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and blackout dates may apply. Trip is subject to availability. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner’s place of residence. Grand Prize Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (including, but not limited to, a valid government issued photo ID, passport, and/or valid visa for entry -- as applicable) prior to departure, and failure to do so will result in forfeiture of Grand Prize. Grand Prize Winner and Guest shall ensure that they satisfy all entry and exit requirements of the travel destination, including, without limitation, a requirement to hold a valid machine-readable passport (in some cases with a specified amount of time left on the passport before its expiry date and/or with a specified number of unstamped pages), visa, ESTA and/or any other documentation. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Grand Prize Winner and Guest. Grand Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Grand Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Grand Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Grand Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Golf during the Trip is subject to availability and subject to cancellation. Grand Prize Winner and Guest agree to abide by all applicable hotel, golf course and other venue rules and regulations. All elements of the Grand Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. If Grand Prize Winner chooses to participate in any portion of the Grand Prize, including without limitation, golf during the Trip, with no Guest, the remaining elements of Grand Prize shall constitute full satisfaction of Sponsors’ Grand Prize obligation to Grand Prize Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Grand Prize will be forfeited.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (to the extent permitted by applicable law) (a) to release and hold harmless Sweepstakes Entities and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of a Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prizes, including express warranties provided exclusively by prize supplier that are sent along with Prizes; (c) if selected as a Winner, to the posting of such entrant’s name on the Golf Advisor Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. These Official Rules do not create any right or benefit enforceable by any person not a party to them (within the meaning of the Contracts (Rights of Third Parties) Act 1999).
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York (HOWEVER, THE LAWS OF CANADA SHALL APPLY VIS-À-VIS ANY ENTRANT WHO IS RESIDENT IN CANADA AS WILL THE LAWS OF ANY CANADIAN PROVINCE OR CANADIAN MUNICIPALITY THAT APPLY TO ANY RESPECTIVE CANADIAN ENTRANT AND NOTWITHSTANDING ANYTHING CONTAINED IN THIS PARAGRAPH WHERE A CANADIAN ENTRANT IS INVOLVED THE COURTS OF THE PROVINCE OF ONTARIO SHALL HAVE EXCLUSIVE JURISDICTION IN RELATION TO ANY MATTER RELATING TO SUCH PERSON). If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOTWITHSTANDING THE ABOVE, FOR ANY MATTER RELATING TO ANY ENTRANT WHO IS A RESIDENT OF THE UNITED KINGDOM OR EIRE, THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF ENGLAND FOR ANY UNITED KINGDOM RESIDENT (OR EIRE FOR ANY EIRE RESIDENT) AND THE PROMOTER AND ALL SUCH ENTRANTS TO THE COMPETITION WHO ARE RESIDENTS OF THE UNITED KINGDOM OR EIRE SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE APPLICABLE RESIDENT COUNTRY.
WINNER ANNOUNCEMENT/OFFICIAL RULES: For the names of the Winners, available after January 15, 2020, or a copy of these Official Rules send a self-addressed, stamped envelope to be received by March 22, 2020 to: Golf Advisor’s Rate to Escape: Maui Sweepstakes, Golf Channel Consumer Promotions, 7580 Golf Channel Drive, Orlando, FL 32819 United States, Attn: Doug Brown and specify if you are requesting the names of the Winners or a copy of the Official Rules.