1. NO PURCHASE IS NECESSARY TO ENTER OR WIN. The Great MOMs Giveaway Contest (the “Contest”) is sponsored by the Ladies Professional Golf Association (the “LPGA”). Contest is offered only in the forty-eight (48) contiguous United States or the District of Columbia (the “Contest Area”). Void outside Contest Area and where prohibited.
2. Contest is subject to all federal, state and/or local laws. The LPGA shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, entry or other deadlines, Finalist and Grand Prize Winner selection, prize restrictions, and eligibility — and all its decisions are final and binding in all Contest-related matters. By participating, you irrevocably, fully and unconditionally agree to be bound by these Official Rules and the decisions of the LPGA and waive any right to claim ambiguity in these Official Rules or any other Contest-related advertising or materials.
3. Contest starts on March 15, 2022 at 12:01 AM Eastern Time (“ET”). Entry deadline is 11:59 PM ET on April 15, 2022. The LPGA‘s computer is the official time-keeping device for this Contest.
4. Contest consists generally of the following three (3) phases, which are described in more detail below:
5. Phase I – Entry Period (3/15/2022 - 4/15/2022): Each entrant may submit an Essay and Photo (both defined below) (together, the “Submission”) about a Nominee (defined below). Limit one (1) Submission per entrant and per Nominee.
6. Phase II – Finalist Selection (4/16/2022 - 4/20/2022): All timely and properly submitted Submissions will be judged to select the thirteen (13) Finalists.
7. Phase III – Grand Prize Winner Selection (4/21/2022 – 4/30/2022): The thirteen (13) Finalist Submissions will be judged to select the Grand Prize Winner. The Finalists and Grand Prize Winner are sometimes referred to collectively as “winners” in these Official Rules.
8. To be eligible, each entrant and Nominee must be eighteen (18) years old or older and a legal United States resident living in the Contest Area (above).
9. Employees, associates, officers, and directors of the LPGA, Mastro Communications, Inc. (“Mastro”), any other entity directly involved in the development or administration of the Contest, and the members of their immediate families (defined as spouse, parent, grandparent, sibling, child, and grandchild) and households, are not eligible to enter or win.
10. Contest is not open to groups, clubs or organizations. Groups, clubs and organizations are prohibited from reproducing or distributing Contest materials to their members without the LPGA‘s prior express consent.
11. Grand Prize (1): Round-trip (economy class) airfare for two from major commercial airport nearest to winner’s home to a major commercial airport servicing Clifton, New Jersey, two (2) nights’ hotel accommodations (single standard room, double occupancy, room and room tax only) in an area hotel selected by the LPGA, two (2) hospitality tickets to the 2022 Cognizant Founders Cup on May 13 and 14, 2022 at the Upper Montclair Country Club (“UMCC”), 177 Hepburn Rd, Clifton, NJ 07012, Player Meet & Greet for two, all valid only during the weekend of May 13, 2022, and one (1) $300 Visa® gift card. Hospitality tickets include continental breakfast and lunch for both days. Approximate Retail Value (“ARV”): $2,450.00.
12. Finalist Prizes (13): LPGA Outerwear piece. ARV: $80.00.
13. The likelihood of winning will depend on the skill of the participants. Limit one (1) Finalist Prize per person.
14. All prize details shall be at the LPGA‘s sole discretion. All winners assume sole responsibility for all expenses and incidental costs associated with prize not expressly included in the relevant prize description above, including without limitation, any federal, state and/or local income, sales, use or other taxes, passport expenses, fees, passenger tariffs or duties, airline or airport fees, security fees, baggage charges, service charges, facility charges, surcharges, upgrades, concessions, snacks, meals, beverages, alcoholic beverages, tips, gratuities, parking, sightseeing, souvenirs, merchandise, COVID tests, extras, trip or travel insurance, all transfers, transportation, travel or lodging expenses not expressly included above, Internet access, laundry service, local and local distance telephone calls, resort services, room service, excursions, spa treatments, fees, personal items and incidentals. Hotel or resort may require valid major credit card or cash deposit for incidentals.
15. Actual value of travel elements or any prize component may vary, depending on departure cities, transportation means and industry or seasonal fluctuations. If the actual value of travel elements awarded is less than the ARV stated above, winner will not be entitled to any compensation or reimbursement for difference in value.
16. Gift card prizes or prize components are subject to all terms and conditions thereon as well as any additional limitations or restrictions imposed by issuer Visit https://usa.visa.com for more information about Visa gift cards.
17. Guest of Grand Prize winner must be at least eighteen (18) years old unless winner is his/her/their parent or legal guardian and may (or his/her/their parent/legal guardian may be required if a minor) to sign a liability waiver and/or (where legal) publicity release prior to receipt of prize tickets and travel documents and/or confirmation of reservations. Winner and guests must travel on the same itinerary and use hotel or resort accommodations and tickets or passes together.
18. Grand Prize winner may be required to coordinate travel with specified travel agent and to make advance reservations at least six (6) days prior to scheduled departure dates or no later than May 7, 2022 and no itinerary changes will be permitted thereafter. Blackout dates may apply. Prize trip travel and seat selection are subject to availability and confirmation of reservations. Travel may be capacity-controlled and seats may not be available on all flights or in all markets. No refunds or credit for changes are allowed. Prize ticket travel may not accrue frequent flyer points. Stopovers/upgrades/wait-listing/open returns may not be permitted for tickets booked using prize tickets. Prize tickets are non-transferable, are not redeemable for cash and are void if sold or bartered. The sale or barter of tickets obtained through redemption of prize certificates or vouchers is also prohibited. Any tickets obtained through such sale or barter are void and will not be honored for travel. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by any selected transportation carrier as detailed in the relevant passenger ticket contract. No compensation will be paid in the event of any delay in ground or air transportation.
19. The LPGA reserves right in its sole discretion to substitute ground transportation in the event that the winner resides within one hundred and twenty-five (125) miles of destination city. Other restrictions apply.
20. Winner will pick up hospitality package upon check-in to designated hotel. Either winner or guest must be at least twenty-one (21) years old to check in to hotel. Hotel or resort accommodations and travel dates are subject to availability and confirmation of reservations, are subject to change without notice, and may not be combined with any other offer. The LPGA will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
21. Travel-related prize elements in regions affected by COVID-19 may be fulfilled with alternative arrangements. The LPGA reserves the right to fulfill travel-related prize elements in regions affected by COVID-19 with alternative arrangements if it deems necessary in its sole discretion. For more information on COVID-19, please visit the Centers for Disease Control's website. Travel to other states may be restricted by current or future state travel advisories. For more information about New Jersey COVID requirements, visit https://covid19.nj.gov. The winner and his/her/their guest are solely responsible for ensuring compliance with any destination screening or health requirements or CDC travel requirements or restrictions. Released Parties (defined below) are not responsible for the accuracy of any information concerning travel advisories or requirements.
22. Grand Prize winner and his/her/their guest are solely responsible for obtaining, at their own expense, any picture identification, immunization, where applicable, or other requirements associated with travel as well as any travel insurance or any other form of insurance desired and to be in possession of all necessary travel documents at the time and point of departure. Carrier may deny boarding to any passengers without proper documentation. No refund or compensation will be made in the event of the cancellation or delay of any air or ground transportation.
23. The Player Meet and Greet prize element has no cash value and is subject to the sole discretion of the LPGA and/or the individual Players, the Cognizant Founders Cup organizers and/or venue. If any such prize element is unavailable or cannot be or is not fulfilled for any reason, winner will not be entitled to any substitution, remuneration or alternate prize element. No specific player is guaranteed to be present during the Player Meet and Greet, which may be videotaped, may be subject to additional restrictions, including any LPGA temporary or permanent requirements relating to COVID.
24. Exact seating or viewing locations at the Cognizant Founders Cup will be determined by the LPGA. Cognizant Founders Cup dates and times are determined in the discretion of venue and/or hosts, as applicable, and may be subject to change. The terms and conditions of the tickets awarded as part of the prize will govern in the event any Cognizant Founders Cup is not held due to weather, an act of God, epidemic or pandemic (including COVID), an act of terrorism, civil disturbance or any other reason. Winner and guest agree to comply with all applicable venue regulations in connection with the prize, including any temporary or permanent social distancing requirements and/or mask or face covering requirements. The LPGA and UMCC reserve the right to remove or to deny entry to any person, including the winner or guest, who engages in a disruptive or unsportsmanlike manner, or with intent to annoy, abuse, threaten or harass any other person at the Cognizant Founders Cup. Released Parties (defined below) will not be responsible for acts of God, acts of terrorism, epidemic, pandemic (including COVID), civil disturbances, artist/actor/labor strike, work stoppage, or any other natural disaster outside their control that may cause the cancellation or postponement of the Cognizant Founders Cup. Prize tickets are valid only for the dates and times set forth above in the prize description or on the tickets. Cognizant Founders Cup tickets awarded as part of the prize may not be resold or offered for resale or used in any way for commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture and may invalidate the license granted by the Cognizant Founders Cup tickets. UMCC guest and dress code requirements apply during event. Visit https://www.uppermontclaircountryclub.com/guests for more information.
25. Winner and guest agree to submit to any temperature and other screenings, including COVID-19 tests and/or submission of proof of COVID-19 vaccination, required by Cognizant Founders Cup and/or UMCC as a condition of admission to any Cognizant Founders Cup or participation in or attendance at any other prize-related activities and comply with other safety measures or protocol established by Cognizant Founders Cup and/or the UMCC. Without limiting the generality of the foregoing, winner and guest are required to follow all COVID guidelines and protocols put in place by Cognizant Founders Cup and/or UMCC. Refusal to comply with all applicable COVID-19 requirements will result in forfeiture of the prize and no replacement or alternate prize will be provided. The LPGA shall not be responsible under any circumstances whatsoever for providing the winner with any form of compensation for any prize or portions thereof forfeited due to the refusal of the winner or guest to comply with any applicable COVID-19 requirements. For more information about COVID protocols, visit https://www.uppermontclaircountryclub.com or call (973) 779-7505. The LPGA has no control over COVID-19 protocols imposed by any venue and provides this link as a courtesy and without any representation as to the accuracy or currency of the information. As health authority recommendations continue to evolve, venue and other third-party pandemic procedures are regularly updated, and winner and guest are solely responsible for ensuring access to the most up-to-date information.
26. In addition, winner and guest are required to observe all applicable laws, guidelines, regulations, orders and directives at the time of the Cognizant Founders Cup to guard against contracting and/or transmitting the COVID-19 virus, which may include, without limitation, the observance of social distancing guidelines, frequent washing of hands and use of hand sanitizers, and the wearing of face masks, gloves, and other personal protection equipment, and other safety measures.
27. Prizes are not redeemable for cash and may not be sold, bartered or auctioned. The right to receive any prize is not transferrable. Any prize or portion thereof not accepted by any winner is forfeited and no cash or substitute will be offered or permitted. Prizes may not be substituted except that the LPGA in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
28. Any person who wins prizes through any LPGA-sponsored promotions with cumulative value equal to or greater than $600 in a calendar year will receive an IRS 1099 MISC Form or other required tax document(s).
29. Each prize offered is provided “as is” with no warranty or guarantee either express or implied by Released Parties. Merchandise prizes or prize components (if any) carry no warranty other than that offered by manufacturers. Released Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Other restrictions apply.
30. Entries will be accepted beginning March 15, 2022 at 12:01 AM ET and ending at 11:59 PM ET on April 15, 2022. To submit a Nominee, you must complete each of the following steps:
a. Create a written explanation of two hundred and fifty (250) words or less about a ″MOM″ (mother or mentor, regardless of gender) who makes a difference in the world (the “Nominee”) and should be recognized (the “Essay”). You may not nominate yourself;
b. Include a photo of the MOM you are nominating (the “Photo”); and
c. Submit the Essay and Photo and any required contact information indicated for the relevant Entry Method (below), which may include your name and contact information, the Nominee’s name, age, contact information (telephone number, mailing address, and/or e-mail address) (the “Required Information”) using any one (1) of the Entry Methods below. Your Submission (defined above) must satisfy all of the applicable “Submission Requirements” below.
31. You may enter your Submission through only one (1) of the following five (5) methods (“Entry Methods”):
32. Online: Visit https://www.lpgafounderscup.com (the "Contest Page") and follow the instructions to upload your Submission and complete an official entry form with any Required Information (above);
33. E-mail: Send an e-mail with your Submission to Founders@LPGA.com with “Contest Entry” in the subject line and all Required Information (above) in the body during the Contest Period;
37. These are the only methods of entry. Entries will not be accepted via any other method.
38. IMPORTANT: MESSAGE AND/OR DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE TO PARTICIPATE IN THE CONTEST. WIRELESS SERVICE MAY NOT BE AVAILABLE IN ALL AREAS.
39. Entry deadline is April 15, 2022 at 11:59 PM ET. Entries must contain all required hashtags above, must be publicly visible/findable and must be posted no later than the above deadline to be eligible. The LPGA will not accept screen shots as proof of entry and proof of sending is not proof of receipt by the LPGA. The LPGA will not accept screen shots as proof of entry.
40. Regardless of method, limit one (1) entry per person and per Nominee. Additional entries received from any such person thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses or mobile devices, or the submission of false contact information under multiple or different e-mail addresses, mobile devices, identities, registrations, social media or other accounts or logins) or any other devices or artifices to enter or encourage, directly or indirectly, multiple or false entries are prohibited and suspected or detected entry method violations may void some or all entries submitted by that entrant, in the LPGA‘s sole discretion. No group submissions will be accepted.
41. All entries must include a working daytime telephone number and valid e-mail address for the entrant and preferably for the Nominee as well. The LPGA is not responsible for voice or electronic communications that are undeliverable due to incorrect or out-of-date information provided by entrant or Nominee or because of any form of call blocking of any kind or inability to leave a voice message, or any form of passive, or as to e-mail, active filtering of any kind or failure to enable mobile or wireless device to receive "push" notifications. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address or social media account, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address or social media account used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain or the social media account by the relevant social media platform. In the event of a dispute as to the identity of any entrant, the potential winner agrees to furnish requested documentation confirming his/her/their status as the Authorized Account Holder. If such a dispute cannot be resolved to the LPGA‘s satisfaction, the affected entry will be deemed ineligible.
42. Entrants who fail to provide any Required Information may be disqualified without further notification by the LPGA. The LPGA is not responsible for entries that are lost, misdirected, undelivered, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. The LPGA reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. All entries become the property of the LPGA and will not be returned or acknowledged.
45. No individuals other than Nominee and/or entrant may be identifiable in any Essay or Photo. Essays and Photos must not contain any other personally identifiable information regarding any third parties. Essays and Photos must not refer to or depict any identifiable trademark, trade name, logo, or brand names other than those belonging to the LPGA.
46. Each Essay must be written in English and no longer than two hundred fifty (250) words. Each Essay and Photo must be original to entrant (not copied, adapted, or reproduced from any other source and not collaboration with any other person) or entrant must have all necessary rights to submit Essay or Photo in this Contest. No watermarks, signatures, or copyright notices may be added to any Essay or Photo. Essays and Photos must not have been previous published and must not be pending publication.
47. Each Essay and Photo must be appropriate for publication in a commercially distributed magazine or other generally available medium. Essays and Photos must not depict any content, language or images that would make the Essays or Photos inappropriate for publication to a general audience as determined by the LPGA in its absolute and sole discretion. Without limiting the foregoing, Essays and/or Photos that include foul language, nudity or other states of undress, graphic or excessively violent content, lewd, pornographic, obscene, indecent, hateful, tortious, illegal, defamatory, slanderous, libelous, false, or disparaging content, or that content invades any person’s privacy or other rights, or that promotes or advocates drug use, bigotry, racism, hatred, or harm against any group or individual, or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age, or that appears to violate any third-party intellectual property rights, as determined by the LPGA in its absolute and sole discretion, will be disqualified.
48. In the event that any claim of unauthorized use of any content contained within the Submission, including any Essay or Photo, is made by any third party, the LPGA reserves the right to immediately terminate access to the Essay or Photo (including on the Contest Page) and disqualify the related Submission and entrant.
49. The LPGA may reject any Essay or Photo that it determines has violated the Official Rules (including the Submission Requirements), or is otherwise unsuitable, offensive, or in poor taste and disqualify the accompanying Submission and entrant at any time during the Contest, even if the Submission has already been submitted to the Contest Judges (as defined below) for consideration. You agree that the LPGA has the sole discretion to decide whether any Submission satisfies these Official Rules and that its decisions are final.
50. By submitting your Essay and Photo, you warrant that (a) your Essay and Photo are original to and created solely by you and were not copied, in whole or in part, from any work belonging to anyone else, (b) your Essay and Photo do not violate any copyright laws, and does not plagiarize, libel, slander, defame, disparage, or otherwise infringe on or violate the rights of any third parties, (c) all persons identified in your Essay and/or Photo have agreed to be so identified in this Contest; (d) you are legally entitled to submit your Essay and Photo in the Contest; (e) the distribution, reproduction, display and any other uses of your Essay and/or Photo by the LPGA as permitted herein will not infringe any third-party rights, including those of any person who is identifiable in your Essay and Photo; and (f) your Essay and Photo comply with these Official Rules.
51. Each entrant agrees to indemnify and hold harmless Released Parties (defined below), their parent companies and subsidiaries, and their respective officers, directors, employees and affiliated organizations, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by the entrant of these Official Rules or the warranties and/or representations made by entrant pursuant to these Official Rules.
52. By submitting any Essay or Photo, you expressly grant to the LPGA (and to those acting on the LPGA’s behalf) a non-exclusive, perpetual, world-wide royalty-free license (and waive all moral rights in and to your Essay and/or Photo) to display or otherwise use your Essay and/or Photo on the Contest Page and any related sites in connection with this Contest.
53. Beginning on April 16, 2022 and ending on April 20, 2022, or within a reasonable time thereafter, an independent panel of qualified judges consisting of public relations personnel, LPGA staff and artistic and creative professionals (the “Contest Judges”), will review each of the timely and properly entered Submissions and score them based on the following equally-weighted selection criteria: demonstrated inspiration/deservingness, photographic quality and overall excellence (the “Judging Criteria”). Subject to verification of eligibility, the thirteen (13) entrants whose Submissions receive the highest overall scores during the Judging Period will be declared the Finalists (each, a "Finalist"). Only the thirteen (13) Finalist Submissions will proceed to the Grand Prize Winner Selection phase (below).
54. If necessary, tied Submissions will be rejudged by the Contest Judges in accordance with the previously-described judging criteria.
55. All Finalist Submissions will be displayed at the Contest Page during the Grand Prize Winner Selection, beginning on April 21, 2022 at 12:01 AM ET and ending on April 30, 2022 at 11:59 PM ET, during which any individuals who visit the Contest Page (collectively referred to as “Voters”) may view and vote for their favorite Finalist Submissions, subject to the restrictions set forth in the “Public Voting Restrictions” section.
56. The Finalist Submissions will also be judged by the Contest Judges during this period, based on the following equally-weighted selection criteria: relevance to theme, overall excellence and audience appeal as influenced by public voting (the “Final Judging Criteria”). Subject to verification of eligibility, the Finalist who receives the highest score at the conclusion of the Grand Prize Winner Selection will be declared the Grand Prize Winner. The LPGA reserves the right to select fewer than the stated number of Grand Prize Winners if it does not have a sufficient number of eligible Finalists.
57. If necessary, tied Submissions will be rejudged by the Contest Judges in accordance with the previously-described judging criteria.
58. All Votes must be received by the LPGA no later than April 30, 2022 at 11:59 PM ET. Proof of sending is not proof of receipt by the LPGA. The LPGA will not accept screen shots as proof of voting.
59. Voters, entrants and other participants are prohibited from obtaining or soliciting votes by offering prizes or other inducements to members of the public, vote farming, vote purchasing, vote exchanging, or any other activity that artificially inflates such votes as determined by the LPGA in its sole discretion. The use of robotic, repetitive, automatic, programmed, mechanical, script, macro, or any other automated means or similar methods or agents (including, but not limited to, contest-voting services or multiple or different e-mail addresses, identities, registrations, mobile devices, other accounts or logins) or any other devices or artifices to vote or encourage, directly or indirectly, such activity by others, is prohibited and suspected or detected voting method violations may result in the disqualification of all votes received from that Voter or through that method and/or disqualification of the relevant Submission and corresponding entrant, as determined by the LPGA in its sole discretion. Without limiting the foregoing, the LPGA reserves the right to determine in its sole and absolute discretion whether any votes are invalid and to disqualify any duplicate, suspect or otherwise invalid votes. Irregular votes, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or source or by the use of multiple e-mail addresses, accounts, or log-ins will be considered invalid.
60. The LPGA reserves the right in its sole discretion to disqualify any vote or Voter at any time that in its opinion does not comply with these Official Rules. Votes become the property of the LPGA and will not be returned or acknowledged. Regardless of any results displayed on the Contest Page or “leader board,” no entrant will be a ”Finalist” or “Grand Prize Winner” until the results have been confirmed by the LPGA and its decisions shall be considered final and binding in all results.
61. The LPGA will contact each potential winner using the information supplied by winner on his/her/their entry form. Each winner must respond to the LPGA within forty-eight (48) hours of initial notification and may be required to present valid photo identification and/or to execute and return an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents (the “Verification Paperwork”) to the LPGA within five (5) days of initial notification, and as a condition of receiving prize. The LPGA in its sole discretion may allow for transmission of Verification Paperwork via fax or e-mail from any or all winners. If applicable, the LPGA, in its sole discretion, may permit a verified winner to authorize, in writing, another adult to pick up his/her/their prize; however, winner must agree to release and hold the LPGA harmless from all liability for any prize claimed by his/her/their authorized designee and winner’s designee will be required present photo ID. Upon fulfilling any prize, the LPGA will be deemed to have awarded the prize to the winner and such winner assumes full responsibility for the prize.
62. If any potential winner (a) cannot be contacted directly by, or does not respond to, the LPGA within the time stated above, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, or (d) is otherwise determined to be ineligible, the LPGA in its discretion may disqualify that individual and that prize will not be awarded.
63. The LPGA may, in its sole discretion, post the verified winners’ names on the Contest Page and/or any of the LPGA‘s websites, including https://www.lpga.com/, and on or in any of the LPGA‘s social media pages or channels. Except as provided in these Official Rules or otherwise required by law, the LPGA is not responsible for entering any correspondence or discussion regarding any Contest results.
64. By accepting a prize, each winner agrees to award the LPGA the right to publicize his/her/their name, photographs (including the use and appearance of his/her/their photograph on the LPGA‘s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
65. As noted above, all winners and guests must agree to observe all applicable laws, guidelines, regulations, orders and directives at the time of the Cognizant Founders Cup to guard against contracting and/or transmitting the COVID-19 virus (as defined by the World Health Organization and any of the strains, variants or mutations thereof) as well as submit to required other screenings, including COVID-19 tests and/or submission of proof of COVID-19 vaccination, required by Cognizant Founders Cup and/or UMCC as a condition of admission to Cognizant Founders Cup. Released Parties (defined below) cannot guarantee that winners and guests will not be exposed to and/or contract COVID-19 or other contagious diseases. Winners and guests agree that (a) all who attend any Cognizant Founders Cup and/or other prize-related activity do so at their own risk, that (b) winners and guests accept the risk of being exposed to, contracting, and/or spreading COVID-19 or other contagious diseases along with all related consequences, and that (c) winners and guests waive all right to bring any claims, including but not limited to claims of negligence, and agree to execute documents to that effect. Without limiting the generality of the foregoing, and notwithstanding the risks associated with COVID-19, all winners and guests acknowledge and fully assume the risk of any illness, disease, personal injury, death, bodily harm, emotional distress and/or psychological harm that any winner or guest may suffer or incur as a direct or indirect result of accepting a prize or participating in any prize-related activity, including without limitation, contracting COVID-19.
66. By entering the Contest, voting, accepting a prize and/or otherwise participating in the Contest, you agree that the LPGA, Mastro, Facebook, Instagram, Twitter, the UMCC, any other company involved in the development or administration of this Contest, and a range of subsidiaries, agencies, affiliates, franchisees, promoters, prize suppliers, directors, officers, employees, agents and related persons (collectively, the “Released Parties”): (a) are not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including but not limited to: failed, incomplete, misdirected, corrupted, garbled or delayed transmissions, telephone connections, traffic congestion on telephone lines, the Internet or at any website; or disconnected, interrupted, or unavailable network, server, or other connections; or late, lost, undeliverable, damaged or stolen mail; or other errors of any kind, whether human, mechanical, or electronic; or entries that for any reason are not properly submitted or received by the LPGA by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, Nominees, Voters or other participants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest or in the printing of this offer, administration of this Contest, or in the selection or announcement of the winners or prizes, or otherwise in any Contest-related materials; (c) are not responsible for any injury or damage to any computer, tablet, smartphone, modem or other device as a result of participation in this Contest or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Contest, including the Nomination, voting and Judging processes; (e) are not responsible for any unauthorized third-party use of any entry materials (including any Submissions); (f) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; (g) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Contest, the acceptance of entries and Submissions, the processing of votes, the selection of winners, the prizes or otherwise in any Contest-related materials; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Contest (in whole or in part, and including voting), the use (including modification, adaptation, and reproduction) of entry or Nomination materials (including any Submissions) during or after the Contest, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize.
67. RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO ANY PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE CONTEST OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF ANY PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE CONTEST PAGE OR RELATED WEBSITES OR MOBILE PLATFORMS, OR ANY OF THEIR RESPECTIVE FEATURES OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE CONTEST.
68. By entering the Contest, voting, accepting a prize and/or otherwise participating in the Contest, you agree to release and hold Released Parties harmless from all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, illness (including contracting COVID-19 and/or any related illness), personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, relating to or arising from, in whole or in part, directly or indirectly, (a) your participation or inability to participate, in the Contest or any Contest-related or prize-related activity; (b) the use by Released Parties (including modification, adaptation, and reproduction) of entry materials (including any Submissions) during or after the Contest; (c) the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of any prize; and (d) any other claim or cause of action you may have against any Released Party. If, for any reason, any individual’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, that individual’s sole remedy is another entry, if it is possible.
69. BY ENTERING THE CONTEST, VOTING, ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE CONTEST, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY AND HOLD RELEASED PARTIES HARMLESS FROM ALL ALLEGED, EXISTING, OR FUTURE ACTIONS, CLAIMS, AND/OR LIABILITIES OF WHATEVER NATURE THAT MAY ARISE IN CONNECTION WITH, OR RELATE IN ANY WAY TO, EXPOSURE TO OR CONTRACTION OF COVID-19 (AS DEFINED BY THE WORLD HEALTH ORGANIZATION AND ANY OF THE STRAINS, VARIANTS OR MUTATIONS THEREOF) OR OTHER COMMUNICABLE AND/OR INFECTIOUS DISEASES, VIRUSES, BACTERIA OR ILLNESSES OR THE CAUSES THEREOF (COLLECTIVELY, “COMMUNICABLE DISEASE”) RELATED TO YOUR PARTICIPATION IN THE CONTEST AND/OR ANY RELATED ACTIVITIES ARRANGED, PROMOTED AND/OR SPONSORED BY THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, THOSE CLAIMS THAT ARISE AS A RESULT OF: (A) THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES AND/OR (B) THE INHERENT RISKS ASSOCIATED WITH VISITING ANY VENUE, INCLUDING WITHOUT LIMITATION ANY CONTEST-RELATED OR PRIZE-RELATED VENUE, DURING ANY COMMUNICABLE DISEASE EPIDEMIC OR PANDEMIC, INCLUDING THE COVID-19 PANDEMIC.
70. BY ENTERING THE CONTEST, VOTING, ACCEPTING A PRIZE AND/OR OTHERWISE PARTICIPATING IN THE CONTEST, YOU FURTHER AGREE THAT (A) ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT ATTORNEYS' FEES; AND (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY DAMAGES OTHER THAN ACTUAL OUT-OF-POCKET COSTS DESCRIBED ABOVE.
71. SOME STATES DO NOT ALLOW LIMITATIONS ON THE ABILITY TO PURSUE CLASS ACTION REMEDIES, OR ON CERTAIN KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
72. Note: Without limiting the generality of the foregoing, the LPGA reserves the right, in its sole and absolute discretion, to terminate or suspend all or part of this Contest in the event that (a) its ability to award any prizes or portions thereof is restricted or prohibited by any federal, state, local or municipal governing or regulatory body or agency, or by law or regulation; (b) any prize travel or prize activity is cancelled, postponed, or suspended by any third party as a result of any decision, decree or recommendation of any federal, state, local or municipal governing or regulatory body or agency, including any public health authorities; (c) that such prize travel or attendance or participation in any prize activity is discouraged or recommended against by any public health authority; or (d) the LPGA reasonably concludes in its sole discretion that such travel or activities cannot be offered or enjoyed in a manner that is sufficiently safe to the relevant participants, employees or affected general public; whether any of the foregoing arise out of or result from new, ongoing or re-emerging occurrence in connection with COVID-19 or any mutation thereof, travel bans, travel restrictions, “stay at home” government orders, guidelines or advisories, health crisis, or other causes outside of the LPGA‘s control.
73. For the avoidance of doubt, the LPGA‘s failure or inability to award any prize offered, or otherwise to otherwise comply with any provision of these Official Rules as a result of the foregoing or of act of God, hurricane, earthquake, fire, volcanoes, war, riot, act of terrorism (domestic or otherwise), act of public enemies, actions of governmental authorities, restraints of public authority, or any similar or dissimilar occurrence or anything else beyond the LPGA‘s control (excepting compliance with applicable codes and regulations) or other force majeure event that makes awarding any prize offered in this Contest impracticable, inadvisable, impossible or illegal or that otherwise materially affects the LPGA‘s ability to provide any prize will not be considered a breach of these Official Rules and the LPGA will have the right in its sole discretion to award a different prize, cancel or rescind the relevant prize and/or cancel the Contest as a whole.
74. The LPGA reserves the right to cancel, suspend or terminate this Contest, or any part thereof, if the LPGA determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest has been corrupted or impaired by any non-authorized intervention, fraudulent or suspect voting, network failure, information storage failure, telecommunications failure, regularly scheduled maintenance, malfunction, or any other cause beyond the LPGA‘s control. In such an event, the LPGA will post notice of same at the Contest Page and select the winners in accordance with the previously-described selection process from all non-suspect entries received prior to the suspension, cancellation or termination of the Contest or in such other manner as the LPGA, in its sole discretion, deems fair and appropriate under the circumstances.
75. The LPGA reserves the right to disqualify any individual from further participation or voting in the Contest if the LPGA concludes, in its sole discretion, that such person (a) has attempted to tamper with any entry or selection process or other any operation of the Contest, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards the LPGA, the Contest Judges or any other entrant, Voter or other participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter and/or vote more than the number of times permitted herein, including by using any prohibited device or method. Any failure by the LPGA to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
76. ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND THE LPGA RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
77. All activity arising out of and relating to the Contest, including any reference to the status of any person as a ”Finalist” or “Grand Prize Winner” is subject to verification and/or auditing for compliance with the Official Rules. If the LPGA determines, in its sole discretion, that verification or auditing activity evidences non-compliance of any entry and/or entrant or Voter with the Official Rules, the LPGA reserves the right to bar such Voter from further participation, disqualify such entry and/or entrant and/or any relevant votes from the Contest and any prize at any time. The LPGA reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if the LPGA determines in its sole discretion that awarding a prize to any such individual might reflect negatively on the LPGA. Each entrant agrees to cooperate with the LPGA and its representatives in connection with all verification, auditing and/or background check activities.
78. The LPGA reserves the right to correct typographical, printing or clerical errors in any Contest-related materials. No more than the stated number of prizes will be awarded. If production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, the LPGA reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
79. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or other participants or Released Parties in connection with the Contest, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida.
80. To the fullest extent permitted by law, as a condition of participating in this Contest, each participant agrees that (a) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prize awarded (each, a “Claim”), shall be (i) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (ii) settled by binding arbitration in the City of Orlando, Florida before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (b) under no circumstance will participant 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.
81. By entering the Contest, voting, accepting a prize and/or otherwise participating in the Contest, you expressly (a) agree that any legal proceedings arising out of or relating in any way to this Contest or these Official Rules that are not subject to arbitration shall be brought only in the federal or state courts located in the City of Orlando, Florida, and (b) consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
82. In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Contest-related materials, including but not limited to the Contest entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
83. Neither Facebook, Instagram nor Twitter sponsor or endorse this Contest or the LPGA. Any questions or complaints about this Contest must be directed to the LPGA and not to Facebook, Instagram or Twitter. Any third-party trademarks mentioned herein are the property of their respective trademark owners and the use or mention of any such third-party trademarks in these Official Rules or in the Contest is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Contest.
84. For a copy of the Official Rules or the final Winners’ List, visit the Promotion Page or https://www.lpga.com/ or mail a SASE to: Great MOMs Giveaway Contest c/o Ladies Professional Golf Association, 100 International Golf Drive, Daytona Beach, Florida 32124, specifying either “Winners’ List” or “Official Rules.” Winners’ List will be available after May 30, 2022.
85. Sponsor: Ladies Professional Golf Association.