A Golf Giveaway Unlike Any Other

Terms & Conditions

OFFICIAL RULES

THIS GIVEAWAY IS ONLY OPEN TO ACTIVE ANNUAL SWINGU PREMIUM SUBSCRIBERS. FREE TRIAL SUBSCRIBERS ARE NOT ELIGIBLE. 

The Giveaway may only be entered in or from the 50 United States and the District of Columbia. Entries originating from any other jurisdiction are not eligible for entry. This Giveaway is governed exclusively by the laws of the United States. You are not authorized to participate in the Giveaway if you are not located within the 50 United States or the District of Columbia.

1. Eligibility. Participation open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years old. Void outside the fifty (50) United States and the District of Columbia and where prohibited, taxed or restricted by law. Employees, officers and directors of Swing by Swing Golf, Inc. dba SwingU (“Sponsor”), subsidiaries, affiliates, partners, retailers, advertising and promotion agencies, manufacturers or distributors of Giveaway materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. Only individuals can enter. Entries from teams, companies or groups are not permitted. Sponsor reserves the right to disqualify any entry, for whatever reason, including, but not limited to, a perceived or actual conflict of interest. All federal, state and local laws and regulations apply.

2. Agreement to Rules. By entering the Giveaway, the contestant (“You”) agree to comply with and abide by these Rules and the decisions of the Sponsor, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the Sponsor’s decisions as final and binding as it relates to the content of this campaign. Entrants should look solely to the Sponsor with any questions, comments or issues related to the Giveaway.

3. Entry Period. Entry period ends at 11:59:59 PM ET on March 19, 2023 (“Giveaway Period”). Sponsor’s computer is the official time-keeping device for the Giveaway. 

4. How to Enter. The Giveaway is only open to active annual SwingU Premium subscribers. Such subscribers by completion of the Giveaway Period shall be automatically entered to the drawing at no additional cost to the subscriber. The entry must fulfill all requirements of the Giveaway, as specified, to be eligible to win a prize, including acceptance of these Terms & Conditions. Entries that are incomplete or do not adhere to the rules or specifications of the Giveaway may be disqualified at the sole discretion of the Sponsor. You may not enter more times than indicated by using multiple email addresses, identities, or devices in an attempt to circumvent the rules. If you use fraudulent methods or otherwise attempt to circumvent the rules of the Giveaway, your submission may be disqualified at the sole discretion of the Sponsor.

5. Prizes. The one (1) winner of the Giveaway (the “Winner”) will receive the following prizes for themself and two guests of their choice (guests must be 18+ years old and residents of the United States as well):

    • 3 tickets to the practice round at the first men’s major championship of 2023 on Tuesday, April 4, 2023.
    • 1 round of golf at a nearby golf course hosted by a SwingU representative on Monday, April 3, 2023.
    • Reimbursement up to $3,000 ($1,000 per person) travel stipend for flights, hotel and/or rental car

The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution shall be permitted except for at the Sponsor’s discretion. The prize is nontransferable. Substitution of the prize or transfer/assignment of the prize to others or request for the cash equivalent of the prize by the Winner is not permitted. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the Winner. Acceptance of the prize constitutes permission for the Sponsor to use the Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

6. Odds of Winning. The odds of winning depend on the number of eligible entries received. No participant shall receive more than one entry into the drawing.

7. Winner Selection and Notification. The Winner will be selected by Random Draw under the supervision of the Sponsor. The Winner will be notified within 7 days of the winner selection. The Sponsor shall have no liability for a Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for a Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within 7 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected.

8. Conditions. Sponsor shall not be liable or responsible in the event any entrant or winner’s Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the Winners. Participation in Giveaway and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state and country), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Giveaway or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor and their respective partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Giveaway, or possession, acceptance and/or use or misuse of prize or participation in any Giveaway-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules or attempt to interfere with this Giveaway in any way shall be disqualified. Sponsor is not responsible if Giveaway cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, epidemics, pandemics, weather or acts of terrorism.

9. Additional Terms. Any attempted form of entry other than as set forth in Section 4 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Giveaway, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Giveaway or downloading any materials in this Giveaway. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Giveaway should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud, epidemics, pandemics, or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveaway. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Giveaway or web site. Sponsor may prohibit an entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives. 

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S ACCESS TO AND USE OF SPONSOR’S PAGE AND/OR THE GIVEAWAY, AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE GIVEAWAY. WITHOUT LIMITING THE FOREGOING, THIS GIVEAWAY AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO ENTRANTS, OR SHALL ONLY APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT ANY OF THE ABOVE LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE AFFECTED LIMITATION OR EXCLUSION OF LIABILITY SHALL BE DEEMED OMITTED FROM THESE OFFICIAL RULES AND SHALL IN NO WAY AFFECT THE LEGALITY, VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE OFFICIAL RULES.

11. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Giveaway. Any controversy or claim arising out of or relating to these Official Rules and/or the Giveaway shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Connecticut, City of Hartford. 

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CONNECTICUT WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Giveaway, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of Hartford in the State of Connecticut. The parties agree not to raise the defense of forum non convenient.

12. Use of Data. Any personal data submitted to, or collected by, Sponsor or its data processors in connection with the Giveaway, processed by Sponsor and/or its data processors in accordance with Sponsor’s privacy policy for the purposes of conducting, administering, and marketing the Giveaway. Please review the Sponsor’s privacy policy at https://www.swingu.com/privacy-policy/. By participating in the Giveaway, you hereby acknowledge: (i) you have read and understood Sponsor’s privacy policy; (ii) Sponsor has a valid legitimate interest in processing your personal data for these purposes; and (iii) Sponsor’s legitimate interests are not outweighed by your own interests or fundamental rights and freedoms.

13. List of Winners. To obtain a list of Winners, send a self-addressed, stamped envelope by April 20, 2023 to: Sponsor using the contact details set out below and include the following reference: A Golf Giveaway Unlike Any Other Winner’s List Request.

14. Sponsor. Swing by Swing Golf, Inc. dba SwingU. The Sponsor’s address is 80 Statehouse Square #158, Hartford, CT 06123.