ANA INSPIRATION VALLEY RESIDENT AMBASSADOR SWEEPSTAKES (THE “SWEEPSTAKES”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED DURING THE ENTRY PERIODS. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. TRAVELING AND/OR LODGING NOT INCLUDED IN PRIZE.
WINNER MUST BE PRESENT AT THE MUSIC IN THE PARK EVENT SCHEDULED FOR MARCH 26, 2017.
HOST: The host of this Sweepstakes is IMG Worldwide, LLC, 71800 Highway 111, Suite A103, Rancho Mirage, CA 92270 (“Host”). This Sweepstakes is governed by these official rules (“Official Rules”). By participating in the Sweepstakes, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Sweepstakes, as determined by Host and its agents, are final in all respects.
ELIGIBILITY: The Sweepstakes is open only to individuals who attend one of the City of Rancho Mirage “Music in the Park” concert events to be held on February 19, 2017, February 25, 2017, March 5, 2017, March 11, 2017 and March 26, 2017 (each an “Event”), who legal residents of one of the fifty (50) United States or D.C., and who are eighteen (18) years of age or older at the time of entry. Employees, officers, and directors (including immediate family members (i.e., spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of the Host and its parent, affiliated companies, subsidiaries, licensees, distributors, dealers, retailers, printers, advertising and promotion agencies, and any and all other companies associated with the Sweepstakes are not eligible to participate or win the Prize. The “Host Entities” shall mean the Host, its parent, subsidiary, affiliated and related entities, and the owners, general and limited partners, members, shareholders, directors, officers, employees and agents of the foregoing entities.
ENTRY PERIOD: The Sweepstakes will have five (5) Entry Periods. The entry periods (the “Entry Period(s)”) shall commence on the following times and dates:
Entry Period #1: Begins upon the opening of the gates for the Event to be held on Sunday, February 19, 2017 and shall end when the gates for the Event to be held on February 19, 2017 are closed to the public.
Entry Period #2: Begins upon the opening of the gates for the Event to be held on Sunday, February 25, 2017 and shall end when the gates for the Event to be held on February 25, 2017 are closed to the public.
Entry Period #3: Begins upon the opening of the gates for the Event to be held on Sunday, March 5, 2017 and shall end when the gates for the Event to be held on March 5, 2017 are closed to the public.
Entry Period #4: Begins upon the opening of the gates for the Event to be held on Sunday, March 11, 2017 and shall end when the gates for the Event to be held on March 11, 2017 are closed to the public.
Entry Period #5: Begins upon the opening of the gates for the Event to be held on Sunday, March 26, 2017 and shall end when the gates for the Event to be held on March 26, 2017 are closed to the public.
Limit one (1) entry per person during their attendance at each Event. Additional entries beyond the specified limit, and any entries that do not otherwise comply with these Official Rules, will be void. Host’s designated computer shall be the official timekeeper of the Sweepstakes. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Host’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions or abide by these Official Rules or other instructions of Host may be disqualified.
RANDOM DRAWING AND ODDS: There will be one (1) Winner selected at the last Event by random drawing. The potential winner must be present at the Event at the time of the drawing. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”). The decisions of Host are final and binding on all matters relating to this Sweepstakes. Odds of winning depend on the total number of eligible entries received by Host during the Entry Periods.
WINNER SELECTION: All eligible entries received during the Entry Periods will be gathered together at the end of the final Entry Period. One potential Winner will be chosen at random from among such pool of entries. The potential Winner must be present at the Event at the time of the drawing. Announcement and instructions for obtaining the Prize will be communicated to the potential Winner at the time of the drawing. Each entrant is responsible for listening to the drawing of the winner. If a potential Prize Winner cannot be reached by Host within thirty seconds (:30) of the announcement of such winner at the final Event (“Required Response Time”), that potential Prize Winner shall forfeit the Prize. Upon the request of Host, the potential Winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form (collectively, “Affidavit”). If a potential Winner fails to comply with these Official Rules, that potential Winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.
NOTIFICATION: Each potential Winner will be notified by Host via public announcement at the Final Event (the “Prize Notification”) and will be required to provide his/her name, address, age and other personal information necessary to receive the Prize. In the event that any potential Winner does not respond to any such Prize Notification within the Required Response Time, declines the Prize for any reason a disqualification will result, the Prize will be forfeited and, at Host’s sole discretion and time permitting, an alternate potential Winner may be randomly selected from among all remaining eligible entries. The potential Winner may be required to submit his/her valid social security number and/or other identification to Host and may be required to execute and return an Affidavit. Failure to submit any identification required by Host or to return the required documents within the specified time period, noncompliance with these Official Rules or the return of the Prize (or any portion thereof) or Prize Notification as undeliverable may result in disqualification and Prize forfeiture and, at Host’s sole discretion and time permitting, may cause an alternate potential Winner to be randomly selected from among all remaining eligible entries. The Host Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages.
PRIZE: There will be one (1) prize which shall include: an inside the ropes experience for two people on Sunday, April 2, 2017, one clubhouse parking pass, two clubhouse dining passes, invitation for two people to take a photo with the champion on the 18th green after play is completed, invitation for two people to take a photo with the champion of the ANA Inspiration and mayor of Rancho Mirage on the 18th green after play is completed, invitation for two people to attend the “Toast to the Champion Party”, two printed and signed photos from the champion of the ANA Inspiration, plus two printed and signed photos from the champion of the ANA Inspiration and mayor. Approximate Retail Value (“ARV”) of the Prize is Three Thousand Dollars ($3,000.00).
PRIZE CONDITIONS: One (1) Prize Will Be Awarded. All Prize details shall be determined, in the sole and absolute discretion of Host. No compensation will be paid in lieu of lost Prize or cancelled event. The Winner is strictly prohibited from auctioning, trading or otherwise transferring the Prize unless Host consents in writing. The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. The Winner is fully responsible for any and all applicable federal, state, and local taxes (including income and withholding taxes), regardless of whether they, in whole or in part, are used. The ARV of the Prize is based on available information provided to Host and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. The Winner may be required to provide Host with a valid social security number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received. All costs and expenses associated with the Prize acceptance and use not specified herein as being provided are the sole responsibility of the Winner. The Prize is non-transferable and non-assignable, with no cash redemptions except at Host’s sole and absolute discretion. Host reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value at its sole and absolute discretion. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any Prize. Prize may not be resold or offered for resale. Any such resale may result in disqualification and Prize forfeiture. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen Prize(s) or any Prize that is undeliverable or does not reach a Winner because of an incorrect or changed address. If a Winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and the Released Parties will have no further obligation with respect to that Prize or portion of the Prize. No more than one Prize will be awarded. The Released Parties are not responsible for and Winner will not receive the difference, in any, between the actual value of the Prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.
RELEASE: By entering the Sweepstakes and submitting an entry, each entrant releases in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the entry, and the use thereof as permitted hereunder, including, but not limited to, claims of copyright or trademark infringement, false endorsement, libel, slander, defamation or infringement of rights of publicity or privacy. Nothing herein will obligate Host to make any use of any of the rights set forth herein.
WAIVER OF LIABILITY/PUBLICITY RELEASE: By participating in the Sweepstakes and submitting an entry, each entrant agrees to: (i) be bound by these Official Rules, including all entry requirements, and (ii) waive any and all claims against Host and its parent, affiliated companies, subsidiaries, officers, directors, employees, agents, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Sweepstakes, and all of their respective officers, directors, employees, agents and representatives (collectively, “Released Parties”) for any injury, damage or loss that may occur, directly or indirectly, in whole or in part, from the participation in the Sweepstakes or from the receipt or use of the Prize (or any portion thereof) or any travel or activity related to the receipt or use of the Prize (or any portion thereof). By entering this Sweepstakes, each entrant gives his/her express permission to be contacted by Host by telephone, email and/or postal mail for Sweepstakes purposes. The Winner, by acceptance of the Prize, grants to Host and each of its designees the right to publicize Winner’s name, address (city and state of residence), photograph, voice, statements and/or other likeness and Prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, API, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials, or the cancellation or postponement of any event. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by entrants, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person’s computer and/or wireless device related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or attempt to undermine the legitimate operation of the Sweepstakes by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Host or who are in violation of these Official Rules, as solely determined by host, will be disqualified and all associated entries will be void. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to legal action by Host and/or its respective agents. Host shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the Sweepstakes, and to resolve all disputes in its sole discretion. Released Parties: (i) make no warranty, guaranty or representation of any kind concerning the Prize (or any portion thereof), and (ii) disclaim any implied warranty. Host’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Host reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Sweepstakes (or any portion thereof). In the event of cancellation, Host may elect to identify a Winner and award the Prize by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Host also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. In the event Host is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Host’s control (each a “Force Majeure” event or occurrence), Host shall have the right to modify, suspend or terminate the Sweepstakes or Prize.
CAUTION: ANY ATTEMPT TO DAMAGE OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, HOST WILL DISQUALIFY ANY SUCH ENTRANT, AND HOST AND/OR ITS RESPECTIVE AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an e-mail account, the winning entry will be declared made by the full name submitted the entry at the time of entry provided he/she is eligible according to these Official Rules. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Host’s satisfaction, the affected entry will be deemed ineligible.
As a condition of entering this Sweepstakes, each entrant agrees that: (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Sweepstakes, or any Prizes awarded (each, a “Claim”), shall be: (1) 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 (2) settled by binding arbitration in New York County, New York 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 entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, applicable to contracts entered into and performed exclusively in that State, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
NAME OF SWEEPSTAKES WINNER: To receive the name of the Winner, send a stamped self-addressed envelope prior to June 30, 2017, to: “ANA Inspiration Rancho Mirage Ambassador Sweepstakes”, IMG Worldwide, LLC, 71800 Highway 111, Suite A103, Rancho Mirage, CA 92270 (Attn: Legal Department).