Rising Star Outreach, Inc., a 501(c)(3) Non-Profit 2022 Golf Ball Drop Prize Official Rules
NO DONATION, PURCHASE OR OTHER CONSIDERATION NECESSARY. A DONATION, PURCHASE OR OTHER CONSIDERATION WILL NOT INCREASE YOUR CHANCES OF WINNING. BY REGISTERING OR OTHERWISE ENTERING THE GOLF BALL DROP, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE REGISTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO RISING STAR OUTREACH, INC. FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The Golf Ball Drop in-person registration begins at 12:01 a.m. (MT) June 7, 2022, and ends at 8:30 a.m. (MT) on June 20, 2022, while electronic registration begins at 12:01 a.m. (MT) June 7, 2022, and ends on June 19, 2022, at 5:00 p.m. (MT) (the “Registration Period”). Electronic registrations must be received by Rising Star Outreach on or before 5:00 p.m. (MT) on June 19, 2022. Send email to firstname.lastname@example.org. You must be 18 years or older to register. At the sole discretion of Sponsor, multiple entries from the same email address may be allowed. In the event of a dispute regarding the identity of the person submitting a registration, the registration will be deemed to be submitted by the authorized account holder to whom email account is registered. Entries made for any unethical purpose, or meant to harm Sponsor in any way, or to deny registrants a fair opportunity at winning, including, without limit, by means of any mass duplication, automatic, robotic, or programmed method, or through any promotion entry, solicitation of others, notification, mass mailing, mass emailing, viral social media, or related service, or in any manner not in compliance with the requirements of these Official Rules are invalid and will be disqualified.
ELIGIBILITY: This event is open only to legal residents of the fifty United States and District of Columbia, who have reached the age of majority at time of entry. Void in Puerto Rico, and all other U.S. and foreign territories and possessions, and wherever else prohibited or restricted by law. Employees of the Rising Star Outreach, Inc. (“Sponsor”) and its affiliates, subsidiaries, divisions, and prize provider, advertising and promotion agencies (Sponsor and the above collectively, “Golf Ball Drop Entities”) are not eligible.
CONDITIONS OF REGISTRATION: Incomplete registrations will not be accepted. All registrations become the property of Sponsor. All registrations will be submitted as the name on the email or registration of the individual person on the electronic registration, or the name given during in-person registration. The prize can only be awarded to the person whose name is listed. Registrations generated by script, macro, robotic or by any other automatic or mechanical means are void. By participating, registrants agree to these Official Rules, including all eligibility requirements. Sponsor reserves the right to disqualify participants who violate these Official Rules or interfere with the Golf Ball Drop in any manner. If a registrant is disqualified, Sponsor reserves the right to terminate that registrant’s eligibility. Neither Golf Ball Drop Entities nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission or failures of any network, computer equipment, web site or software, or any other error or malfunction, or late, lost or misdirected entries. Golf Ball Drop Entities are not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this activity.
DRAWING: One (1) prize winner will be randomly selected from all eligible entries received during the Registration Period. The random selection shall be conducted by dropping golf balls assigned to each registered entry from a helicopter onto or near a previously “designated hole” at Red Ledges golf course at approximately 8:45 a.m. (MT) on June 20, 2022. Whichever ball is the closest linear distance to the center of the designated hole (as determined with a flag pin if necessary) will be the winning ball and the winner will be that person or entity associated with the registration for that ball. In happenstance where two or more balls enter the hole, the ball at the bottom of the cup will determine the winner. In the unlikely case of a tie where two or more balls enter the bottom of the cup, or a single ball cannot be reasonably ascertained as at the bottom of the cup, or for any other anomaly or reason as judged solely in the discretion of Sponsor, Sponsor reserves the right to select the winner using any random number generator found on the Apple, Google or similar smartphone application library. Whether for tie-braker or the need to determine the winner among all registered entries, the random number generator will be set to the highest numbered ball, and the ball closest to the randomly generated number will be the winning ball. Should the random number generator process created a subsequent tie, the process will be repeated over until a single winning ball is ascertained. The registering person or entity linked to that ball shall then be the winner of the prize. Registrants recognize and accept that there may be human and/or electronic errors in the ball drop, number generation and their associated processes, and accept those errors as part of the of the event without claiming any liability against any of the Golf Ball Drop Entities. Sponsor decisions are final and binding on all matters relating to this Golf Ball Drop. The winning golf ball number and winner will be announced at the Rising Star Outreach Charity Golf Invitational luncheon on June 20, 2022, and the winner will also be notified via email. Winner will have 7 days to respond back to the prize notification. If a prize notification email is returned or unanswered within the allotted time (7 days) or if a potential winner declines the prize or is ineligible, an alternate winner will be selected by random drawing of the remaining eligible entries using the random number generator process outlined above. As a condition of awarding the prize: (1) you consent to Sponsor’s use of your name for promotional purposes, including posting of the winner’s name in a winners list, in social media (such as Instagram®, Twitter® and Facebook®) and via live and online announcements, without additional compensation, except where prohibited by law, (2) if requested by Sponsor, the winner is required to sign and return an affidavit of eligibility/publicity and liability release within the time specified by Sponsor and (3), proof of social security number as may be required by Sponsor for tax withholding or reporting purposes. If a winner is ineligible, cannot be contacted, fails to timely return an affidavit/release as specified by Sponsor, declines the prize, or if the prize is returned as undeliverable, an alternate winner will be selected. If, in Sponsor’s opinion, there is any reasonably suspected or actual evidence of tampering with any portion of the Golf Ball Drop, or if technical difficulties compromise the integrity of the Golf Ball Drop, Sponsor reserves the right to terminate the Golf Ball Drop and conduct a random drawing to award the prize using all valid (as solely judged in the discretion of Sponsor) entries received as of the termination date. Technical difficulties may include, without limit, excessive wind, rain or other weather conditions, unsafe helicopter operating conditions for any reason whatsoever as solely judged by the helicopter pilot, operator and/or Sponsor, unavailability of helicopter and/or pilot, legal challenges or threatened legal challenges, safety of participants at the charity golf tournament, safety of and/or potential damage to the Red Ledges grounds or improvements, danger to, injury, or incapacitation of those persons performing the ball drop and measurements, interference by registrant(s), observers or other third parties, economic impracticality and/or any Force Majeure event.
PRIZE: One (1) winner will be awarded the following prizes: Five nights, six days at Emerald Meadows Estate, Huntsville, Utah. PRIZE WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Golf Ball Drop Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to prize, including express warranties provided exclusively by a prize provider that may be sent along with a prize. All taxes, if applicable, are the sole responsibility of the winner. No prize substitution or cash substitution is permitted, except by Sponsor, in its sole discretion, for reason of unavailability in which case a prize of equal or greater value may be awarded. At Sponsor’s sole discretion prize may be assigned or transferred by winner. Odds of winning depend upon the number of eligible entries received during the Registration Period. Winner should allow 6 to 8 weeks from notification for delivery of the prize. The total estimated value of the prize is $7,500.00. Awarded prize is subject to verification of eligibility and compliance with these Official Rules.
LIABILITY LIMITS AND INDEMNITY: BY REGISTERING, ENTERING AND/OR PARTICIPATING, ALL REGISTRANTS AND WINNER, ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS HEREBY: (A) RELEASE GOLF BALL DROP ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES OR LOSSES OF ANY KIND TO PERSONS OR PROPERTY, INCLUDING DEATH AND BODILY INJURY, WHICH MAY BE SUSTAINED IN CONNECTION WITH THE CONDUCT OR OUTCOME OF THE GOLF BALL DROP OR THE RECEIPT, OWNERSHIP OR USE OR MISUSE OF ANY PRIZE AWARDED, (B) INDEMNIFY AND HOLD HARMLESS GOLF BALL DROP ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM THE FOREGOING, AND (C) INDEMNIFY AND HOLD HARMLESS GOLF BALL DROP ENTITIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM THE ACTS OR OMISSIONS OF REGISTRANT OR WINNER. UNDER NO CIRCUMSTANCES WILL GOLF BALL DROP ENTITIES BE LIABLE FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES (INCLUDING LOST PROFITS) OR ANY OTHER DAMAGES IN EXCESS OF ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $50.00 (FIFTY AND 00/100 USD), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. REGISTRATIONS HEREBY WAIVE ANY AND ALL RIGHTS UNDER UTAH CODE ANNOTATED §76-10-1113, SHOULD ANY SUCH SECTION APPLY. THE WAIVERS, LIABILITY LIMITS AND INDEMNITY PROVISIONS OF THIS PARAGRAPH EXTEND TO ALL THOSE INVITED BY ANY REGISTRANT, AND EACH REGISTRANT AGEES TO IMMEDIATELY INDEMNIFY SPONSOR, WHENVER AND HOWEVER SPNSOR MAY PAY, FOR ANY AND ALL DAMAGES AND LIABILITIES SPONSOR SUFFERS AT THE HANDS OF ANY REGISTRANT INVITEE, OR ITS/HER/HIS HEIRS, SUCCESSORS AND ASSIGNS.
1. Dates of arrival begin January 15, 2023. You must coordinate with owners of the property a minimum of 60 days prior to visit. Transportation to the property, cleaning fees, deposits and other incidentals may be required and are not a part of the prize package. Additional rules and conditions, including without limit, injury waivers, damage deposits and other contacts of usage, may apply.
GENERAL: The Golf Ball Drop is governed by the laws of the State of Utah, subject to all federal, state, and local laws. The decisions of Sponsor are final with respect to all aspects of the Golf Ball Drop. The Sponsor reserves the right to verify eligibility qualifications of any winner. Except where prohibited, all disputes arising out of or connected with the Golf Ball Drop will be resolved on an individual basis by binding arbitration subject to the rules of the American Arbitration Association. The foregoing shall not limit any party’s right to seek injunctive or equitable relief in any court with jurisdiction over the parties or to bring qualifying claims in small claims court. If an in-person hearing is required then it will take place in Provo, Utah; provided, however, the parties may mutually agree on an alternative location. The arbitrator’s decision and award will be final and binding and judgment on the award may be entered in any court with jurisdiction. The invalidity or unenforceability of any portion or provision of these Official Rules or an Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or an Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If there is a discrepancy between these Official Rules and any other promotion materials, the Official Rules will control and govern the Golf Ball Drop. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver or continuing waiver of that provision.
WINNER DESIGNATION: The winner will be announced live at the Rising Star Outreach Charity Golf Invitational luncheon, June 20, 2022.