NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
ENTRANTS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE MUST HAVE PERMISSION FROM THEIR PARENT OR LEGAL GUARDIAN IN ORDER TO ENTER. A PRIZE WON BY A MINOR IN HIS OR HER LEGAL JURISDICTION OF RESIDENCY WILL BE AWARDED IN THE NAME OF SAID MINOR’S PARENT OR LEGAL GUARDIAN.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES TO THESE OFFICIAL RULES.
1. SPONSOR:
Good TRKR, LLC, 500 2nd Avenue, Suite A, San Mateo, California 94401 (“Sponsor”).
2. ELIGIBILITY:
THE PAR 4 KIDS SWEEPSTAKES (THE “SWEEPSTAKES”) IS OPEN AND OFFERED ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, WHO ARE THIRTEEN (13) YEARS OF AGE AND OLDER AND WHO HAVE A FOTITION ACCOUNT IN GOOD STANDING. Employees, officers, and directors of Sponsor, Administrator, Akron Children’s Hospital (“Prize Provider”), Bridgestone Invitational Tournament, Firestone Country Club, PGA Tour, and each of their respective parent entities, subsidiaries and affiliated companies (collectively, “Sweepstakes Entities”), as well as advertising, sweepstakes, or production agencies or partners (and their respective dependents, immediate family members, including children, spouse, parents, siblings and their respective spouses, regardless of where they reside, and individuals residing in their same household, whether or not related) are not eligible to participate or win. Entry into the Sweepstakes does not constitute entry into any other contest or sweepstakes. The Sweepstakes shall be subject to all applicable federal, state, municipal, local laws and regulations and these Official Rules and by entering, all entrants agree that they have read these Official Rules, the Fotition terms and policies and agree to abide by and to be bound by the terms and conditions of the Official Rules, Fotition terms and policies and the decisions of Sponsor, which shall be final and binding in all respects. False and/or deceptive entries or acts shall render entrants ineligible.
3. ENTRY PERIOD:
The Sweepstakes begins on August 3, 2017 at 12:00 AM Pacific Time (“PT”) and ends at 11:59:59 PM PT on August 6, 2017 (the “Sweepstakes Period”). The Website’s database clock is the official timekeeper for this Sweepstakes.
4. HOW TO ENTER:
To enter during the Sweepstakes Period, entrant (“Entrant”) must (1) visit https://fotition.com/c/par-4-kids#/ (“Fotition Website”), or the Par-4-Kids campaign section of the Fotition iOS or Android app (each an “App”); (2) post a photo by uploading a picture of yourself and/or your immediate family (i.e. spouse, siblings, and/or children (collectively “Family”)); and (3) and sign in to your Fotition Account (“Account”) or sign up for an Account to receive one (1) entry into the Sweepstakes (“Entry”). You can sign up for an Account on the Website, the Fotition Website, or either App, for free, by connecting with Facebook OR entering your name, email address, @username and password. NOTE: To receive an eligible Entry, an Entrant must complete all steps outlined in this section.
A partial or incomplete Entry will be disqualified. If a Photo includes a person who is not an immediate Family member of Entrant (as defined above) then Entry will be disqualified.
Limit four (4) Entries per Account (regardless of whether one (1) person has more than one (1) Account or more than one (1) person uses the same Account) during the Sweepstakes Period. Entries must be received by 11:59:59 PM PT on August 6, 2017 to be eligible for the Sweepstakes. Any attempts by an Entrant to submit more than four (4) Entries total, may result in such Entrant being disqualified.
Any attempt by any Entrant to enter by using multiple/different Accounts, email addresses, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified, at the sole discretion of Sponsor. Use of any automated system to participate is prohibited and may result in disqualification. Sweepstakes Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which may be disqualified. In the event of a dispute regarding who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the Account from which the Entry was submitted. "Authorized account holder" is defined as the natural person who is assigned the email address used to create the Account associated with an Entry, by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with relevant e-mail address. No automatically generated Entries will be accepted.
5. Photo Requirements, Restrictions and License:
a) Entrants (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) agree to and understand that the Photo will be made available to the public, including without limitation, posting on the Internet. Whether or not the Photo is published on the Internet, Sponsor makes no representation or warranty regarding the confidentiality of any Photo.
b) Each Photo must be taken by Entrant and be an original creation of the submitting Entrant. The Photo must be under no restriction, contractual or otherwise, that will prevent Sponsor's use of the Photo and each Photo must be free of any and all liens, encumbrances and claims of third parties. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) acknowledges, agrees, represents and warrants that, nothing in the Photo infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which may be required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured from any entity with any rights in or to the Photo. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) agrees to indemnify and hold harmless each of the Sweepstakes Entities, Facebook and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting this Sweepstakes, and their respective parent, subsidiaries, and affiliates and each of their respective officers, directors, members, employees, agents and subcontractors (collectively, the “Released Parties”), 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 Entrant of these Official Rules or the warranties and representations made by Entrant herein. Modifying, enhancing or altering a third party's preexisting work does not qualify as Entrant's original creation.
c) By submitting the Photo, the Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) grants Sponsor, for no additional compensation other than entry into the Sweepstakes, a non-exclusive, royalty-free, worldwide, perpetual license to publish, make available to the public, reproduce, edit, modify, exploit, make derivative works from or otherwise use the Photo through any and all media available at any time during, or after, the Sweepstakes Period on any related websites, in any Sweepstakes materials, whether related or un-related to the Sweepstakes, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate. In addition, Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) warrants that any so called "moral rights" in the Photo have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Photo or other submitted materials, whether or not Entrant has been awarded a Prize (defined below in Section 9) in connection with any such Photo or other materials. Entrant (or Entrant’s parent/legal guardian, if Entrant is deemed a minor in the state of his/her residence) agrees to release, defend, indemnify and hold harmless each of the Released Parties from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant's heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor's exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor's use of the Photo and any portion thereof, or the likeness of any natural person therein.
d) Entrants are responsible for securing necessary permissions and licenses for any persons and/or materials contained in the Photo.
e) If Entrant did not take submitted Photo, it is the Entrant’s responsibility to secure necessary permissions from photographer to enter Photo into Sweepstakes.
6. Photo Content Restrictions:
Photos must not contain material that:
a) Contains or depicts someone smoking or intoxicated;
b) Violates or infringes another's rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
c) Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
d) Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor, Akron Children’s Hospital, PGA Tour, or Bridgestone Invitational;
e) Contains indecent or unsafe behavior or situations, profanities or obscenities, including but not limited to use of firearms/weapons/ammunition, nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, violent, hateful, tortuous, slanderous or libelous;
f) References persons or organizations without their written permission other than that of Sponsor, Akron Children’s Hospital, PGA Tour, or Bridgestone Invitational;
g) Disparages any persons or organizations;
h) Includes threats to any person, place, business, or group;
i) Is unlawful, in violation of or contrary to all applicable federal, state, or local laws and regulations;
j) Contains anything that is determined to damage or diminish the goodwill of the Released Parties, as determined by such entities solely in their respective discretion; or
k) Does not comply with the terms or conditions or guidelines posted by Fotition.
Failure of any Photo to comply with the above "Photo Requirements" and "Photo Content Restrictions," as determined by Sponsor, in its sole discretion, may result in disqualification of Entrant. Without limitation, Sponsor reserves the right in its sole discretion to disqualify any Entry that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity, does not comply with these Official Rules or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein. Entries shall not be acknowledged or returned. Photos must be suitable for presentation in a public forum, in the sole determination of Sponsor.
7. RANDOM DRAWING AND WINNER NOTIFICATION:
There will be one (1) grand prize winner in this Sweepstakes (the “Grand Prize Winner” or “Winner”). Following the end of the Sweepstakes Period, one (1) potential Grand Prize Winner (the “Potential Winner”) will be randomly selected from among all eligible Entries received throughout the Sweepstakes Period, by Administrator whose decisions are final and binding in all matters relating to this Sweepstakes. Potential Winner will receive an initial notification by Administrator or Sponsor via the email address associated with their Account on or about September 15, 2017. It is each Entrant’s responsibility to timely check his/her email (and/or spam filters) for any notifications from Sponsor or Administrator. The Potential Winner (or Potential Winner’s parent/legal guardian if the Potential Winner is deemed a minor in the state of his/her residence) will be required to be in contact with Administrator and/or Sponsor, after receiving the initial notification within forty-eight (48) hours to begin the Winner verification process. The Potential Winner (or Potential Winner’s parent/legal guardian if the Potential Winner is deemed a minor in the state of his/her residence) must meet all eligibility requirements and may be required to provide their Tax Identification number, proof of U.S. residency, sign an affidavit of eligibility, and publicity and liability release, and work with any travel companion to sign their Guest (defined below in Section 9) release, or such other documents as Sponsor and/or Prize Provider deems necessary, in their sole discretion (collectively, the “Prize Claim Documents”), each of which must be completed, signed and returned within three (3) days from date of issuance, or the Prize (defined below in Section 9) may be forfeited and may be awarded to an alternate Winner, time permitting. If any Prize notification or attempted notification is returned as undeliverable, the Prize will be forfeited and may be awarded to an alternate Winner, time permitting. By accepting the Prize, Winner (or Winner’s parent/legal guardian if the Winner is deemed a minor in the state of his/her residence) represents and warrants they are in compliance with these Official Rules.
At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: [a] Potential Winner’s failure to respond to initial notification within forty-eight (48) hours after its transmission; [b] the failure of notification due to deactivation of the Potential Winner’s email or Fotition Account prior to receipt of notification; [c] Potential Winner’s failure to respond to Sponsor’s or Administrator’s email and direction; [d] Potential Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [e] Potential Winner’s failure to execute and return the Prize Claim Documents within three (3) days after it is e-mailed to the Potential Winner; [f] Potential Winner’s failure to validly claim the Prize by September 15, 2017; and [g] any other non-compliance with these Official Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate Winner, time permitting. Once Potential Winner has completed all requirements in these Official Rules and been verified by Sponsor and/or Administrator, they will be declared a Winner. Odds of winning depend on the total number of eligible Entries received during the Sweepstakes Period.
8. PRIZE:
One (1) Grand Prize Winner will receive one (1) Grand Prize Flight (“Flight”). Flight consists of a flght for two on Air Bear – Ohio’s first pediatric-dedicated helicopter, as determined in Prize Provider’s sole discretion. Flight must be taken before December 1, 2017 as determined by Prize Provider and must be booked by November 15, 2017. Flight includes: (a) 15-20 minute flight for the Winner and one (1) guest.
Approximate Retail Value (“ARV”) of Grand Prize: USD $1,000.00.
9. PRIZE CONDITIONS:
If Grand Prize Winner is a minor in his/her jurisdiction of residence, the Guest must be his/her parent or legal guardian. The Guest must be the age of majority in his/her jurisdiction of residence, unless such minor travel companion is the child or legal ward of the Grand Prize Winner. The Winner’s Guest must complete and return any paperwork required by Prize Provider, including but not limited to a non-disclosure and/or publicity release.
All travel arrangements to and from the Akron Children’s Hospital must be arranged by the Winner and will not be provided by the Sponsor. Prize Provider will not replace any lost or stolen tickets, certificates or similar items.
Winner must book trip by November 15, 2017 and travel must take place before December 1, 2017 on dates as specified by Prize Provider in its sole discretion. Grand Prize may not be combined with any other coupon, certificates, discount, bonus, infant fare, upgrade, or promotional offers/tickets. Void if altered.
Flight will last approximately 15-20 minutes. The Winner and their guest will be taken through a short pre-flight safety briefing. The Winner and guest will take off and land on the helipad at Akron Children’s Hospital.
- The Winner and Guest must be able to sit in the seat and buckle the 5-point harness.
- The Winner and Guest must be able to physically climb in and out of the Air Bear helicopter.
- The Winner and Guest must be at least 18 years of age or be with their parent or guardian.
- The Winner and Guest must be able to understand and follow directions of the captain and crew.
Air Bear will not fly in inclement weather. These can be, but are not limited to: low visibility, high winds, precipitation. The flight will be delayed or rescheduled if Air Bear is called out on an emergency flight.
Released Parties (defined above in Section 6) bear no responsibility if any event, element or detail of the Grand Prize, including without limitation the Flight, is canceled, postponed or becomes unavailable for any reason. Should any event, element or detail of the Grand Prize become unavailable, Released Parties shall have no obligation to the Winner. The Winner and his/her Guest shall be subject to all terms and conditions printed on any ticket, gift card, or certificate issued in conjunction with the Grand Prize.
Winner and Guest must obey all rules and complete any paperwork required for the Prize, including but not limited to any additional releases, contracts, non-disclosure agreements, waivers required by the Prize Provider or Sweepstakes Entities and, failure to sign such paperwork and/or to furnish all required information on dates selected by Prize Provider or Sweepstakes Entities in their sole discretion will result in forfeiture of the Prize.
If Winner chooses not to bring a Guest, the Flight will be awarded in increments suitable for the actual number of travelers with no substitute prize or compensation being provided to Winner. Winner may not charge Guest for participating in the Flight.
In the event the Grand Prize cannot be awarded as stated, that Grand Prize will go unawarded. Costs and expenses associated with Grand Prize acceptance and use not specifically stated herein as being provided are the sole responsibility of the Winner. Grand Prize is not redeemable for cash and is subject to availability, non-transferable, non-negotiable, non-refundable and no substitution will be made except as provided herein at the Prize Provider's sole discretion. Prize Provider reserves the right to substitute the Grand Prize (or any element thereof) for one of equal or greater value for any reason. All federal, state and local taxes are solely the responsibility of the Winner. Winner will receive an IRS Form 1099-MISC reflecting the final actual value of his/her Prize. Prize is subject to California nonresident withholding taxes if Winner is a non-resident of California. Grand Prize will be awarded provided it is validly claimed by November 15, 2017, after which no alternate Winner will be selected, nor unclaimed Grand Prize awarded.
The Released Parties make no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Grand Prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH GRAND PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
10. PRIVACY POLICIES AND DATA COLLECTIONS:
Information provided by you for this Sweepstakes during the entry process is subject to Sponsor’s privacy policy located at https://fotition.com/privacy-policy. By entering this Sweepstakes, each Entrant agrees that the Sponsor and/or Administrator has the right to contact the Entrant via the email address associated with their Account used to post the Entry in order to administer and fulfill this Sweepstakes.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Facebook is a registered trademark.
11. CONDITIONS OF PARTICIPATION:
By entering this Sweepstakes and/or accepting any Prize you may win, you agree, represent and warrant that: [a] you will be bound by these Official Rules and the Sponsor’s decisions, which shall be final in all respects; [b] the Entry will not be acknowledged or returned; [c] you release and hold harmless each of the Released Parties (defined above in Section 6) from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in the Sweepstakes or any Sweepstakes-related activity, or from any interaction with, or downloading of, computer information; [d] the Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the Prize; [e] Winner’s acceptance of a Prize constitutes the grant to Sponsor and Prize Provider and assignment of an unconditional right to use Winner's name, address (city and state only), voice, likeness, photograph, biographical and Prize information, statements about the Sweepstakes and/or live and taped performances of interviews for any programming, publicity, advertising and Sweepstakes purposes without additional compensation, except where prohibited by law; [f] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Official Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select potential Winner by such method as Sponsor in its sole discretion shall consider equitable from all eligible Entries received prior to such termination or suspension; [g] the Released Parties are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software and for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: human errors, errors in the advertising, these Official Rules, selection and announcement of the Winner and distribution of the Prize; [h] the Released Parties are not responsible for any inability of the Winner to accept or use the Prize (or any portion thereof) for any reason; [i] Sponsor has the right to modify Prize award procedures at its sole discretion; [j] the Released Parties are not responsible for changes to Facebook functions that may interfere with the Sweepstakes or your ability to timely enter; and [k] Released Parties are not responsible for any failure of delivery of potential Winner notification.
12. LIMITATIONS ON LIABILITY:
Released Parties are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen Entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of Entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; or for the incorrect or inaccurate capture of Entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes or Account used, as solely determined by the Sponsor, will be disqualified (and all associated Entries will be void), and Sponsor reserves the right to terminate such Entrant’s eligibility to participate in this or any other Sweepstakes offered by Sponsor. Released Parties are not responsible for injury or damage to Entrants’ or to any other person’s computer, electronic device or mobile device related to or resulting from participating in this Sweepstakes. Without limiting the release provided above, and for greater certainty, Released Parties will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of Entries; (b) the theft, destruction or unauthorized access to, or alteration of, Entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to an Entrant’s or other person’s system or equipment occasioned by participation in this Sweepstakes.
13. DISPUTES:
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Prize awarded, other than those concerning the administration of the Sweepstakes or the determination of Winner, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
14. OFFICIAL RULES/WINNER’S LIST:
For an official Winner’s list (available after 9/15/17), or a copy of these Official Rules (before 8/6/17), send a self-addressed, stamped envelope to: Par 4 Kids Sweepstakes – WINNER’S LIST OFFICIAL RULES (please specify official Winner’s list or Official Rules), c/o Fotition, LLC., 500-A 2nd Ave, San Mateo, CA 94401, San Mateo, CA 94401. Residents of Vermont may omit return postage on all requests. Official Rules may also be obtained during the Sweepstakes Period on the Fotition Website.