THIS PROGRAM IS INTENDED FOR VIEWING AND PARTICIPATION IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
Overview: Subject to the Terms & Conditions stated herein, Topgolf Rewards members are eligible to participate in certain activities in order to receive Points (as defined herein) which may be redeemed for certain rewards in an online catalog or to enter available online Sweepstakes and/or Instant Win Games (subject to the Official Rules for those promotions). An alternate method of entry is available for Sweepstakes and/or Instant Win Games, and there is no purchase or payment required for participation in those.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER FOR THIS WEBSITE. BY REGISTERING, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS STATED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR THE WEBSITE. SPONSOR RESERVES THE RIGHT TO MODIFY OR TERMINATE THE WEBSITE AND/OR ANY OF ITS COMPONENTS AT ANY TIME AND IN ANY MANNER, IN WHOLE OR IN PART, AS OUTLINED BELOW, EVEN THOUGH SUCH CHANGES MAY AFFECT YOUR ABILITY TO EARN OR USE POINTS. YOU AGREE THAT YOU WILL REVIEW THESE TERMS PERIODICALLY AND THAT YOU SHALL BE BOUND BY ANY MODIFICATIONS HEREOF AFTER NOTICE HAS BEEN GIVEN/POSTED OF ANY SIGNIFICANT CHANGES.
- Sponsor: Topgolf Rewards (the "Program") is sponsored by TopGolf International, Inc, ("Sponsor"), 8750 N. Central Expressway, Suite 1200, Dallas, TX 75231.
- Eligibility: This Program is open to all residents of the 50 United States and the District of Columbia, who are at least 18 years of age or older at the time of registration, and have a valid email address and phone number. The Program is void in Puerto Rico, the U.S. Virgin Islands, other U.S. territories and possessions, outside the United States, and where prohibited by law. Persons in any of the following categories are NOT eligible to participate in the Program: (a) any person who, at any time after August 14, 2017, was or is a director, officer, agent, representative, or employee of Sponsor, or its parent, affiliates, subsidiaries, or service agencies; (b) individuals engaged in the development, production or distribution of materials for the Program or engaged in the administration or execution of this Program; and (c) persons who are or purport to be immediate family members (defined as biological or step-mother/ father, sister, brother, daughter, son, dependent or spouse of any of the foregoing) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Program Term, whether related or not) as any person in any of the preceding categories. Program is subject to all applicable federal, state and local laws and regulations.
- Program Term: The Program begins on August 14, 2017 at 9:00:00 AM Central Time ("CT") ("Start Date") and ends on June 30, 2018 at 11:59:59 PM CT ("End Date") ("Program Term"). Sponsor reserves the right to shorten, extend, suspend, modify, or cancel the Program, at its discretion, at any time.
How to Register for the Program: Become a member ("Member") of the Topgolf Rewards Program by visiting www.TopgolfRewards.com (the "Website") and registering. Registration includes providing certain information about yourself: you will be requested to register with your first name, last name, ZIP Code, telephone number, email address, password, Topgolf Membership card number (optional), and preferred participating Topgolf location. You will also be asked to confirm that you are at least 18 years of age and that you accept these Official Terms and Conditions. Once you are registered, you can sign into your account ("Rewards Account") at the Website with your email address and password. Email addresses from temporary or “disposable” email services/domains may not be used for registration. Members shall be responsible for maintaining and updating their registration and contact information from time to time, to ensure that it is always current, complete and accurate.
Limitation of Accounts: One (1) Rewards Account is permitted per person/email address. If it is discovered that you have created multiple Rewards Accounts by using multiple email addresses, phone numbers and/or identities, all of your Rewards Accounts (and all associated Points) may be void at the Sponsor's discretion. By registering, you (or your parent/legal guardian if you are at least 18, but considered a minor in your state of residence), agree to maintain the confidentiality of your password and Rewards Account, and that you are fully responsible for all activities that occur under your password or Rewards Account.
How to Participate: You may earn Points in the Program online, and/or at participating Topgolf locations in the United States: see www.Topgolf.com/RewardsVenues for a listing of Topgolf locations that are currently participating in the Program. See Section 5.a., below, for details on how to earn Points. Points may then be redeemed online as indicated in Section 5.b., below.
How to Earn Points:
Online Activities: New activities ("Activities") will be added to the Website from time to time, and may also be available on third-party websites. Each Activity has a point value associated with it ("Points"). Activities may be completed as indicated on the "Earn Points" page on the Website; there may be limitations on how often a single Activity may be completed for additional Points. Activities may include, but are not limited to (and such Activities may be discontinued, stopped, or otherwise terminated by Sponsor at any time, without notice):
- Registering for the Program (Points may be earned one (1) time)
- Taking a quick survey (Points may be earned one (1) time per survey)
- Sharing a link with friends on social media or by email (Points may be earned two (2) times per calendar month, each time a friend registers for the Program using the Member's unique link). You must have a personal relationship with any individual you share this Program with.
- Following the Sponsor on social media (Points may be earned one (1) time per social media platform)
- Entering a promotional code distributed by Sponsor, as described in more detail below ("Code") (Points may be earned one (1) time per Code)
Note that not all of the Activities above may be available on the Website at all times. Sponsor may, from time to time by various methods, offer additional points offers to Members.
Some Activities may require Members to link from the Program to other websites on the internet. These other websites are not under Sponsor's control, and Member acknowledges and agrees that Sponsor is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement of the sponsor or any association with its operators. Additional or different terms and conditions may apply when Members are accessing and using such other websites.
All Activities that require you to post or share Content must comply with the Content guidelines as set forth herein. As used herein, "Content" refers to all information, materials, reviews, commentary or other content you submit in connection with any of the Activities referred to above. Content will not be judged.
Participants represent and warrant that their Content is the original work of such participant, it has not been copied from others, it has not previously won awards, it does not violate the rights of any other person or entity, and publication of the Content via various media including Web posting will not infringe on the rights of any third party. Any participants indemnify and hold harmless Releasees (as defined below) from any claims to the contrary
BY SUBMITTING CONTENT, PARTICIPANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON SPONSOR'S WEBSITE, IN SPONSOR'S SOLE DISCRETION. Participant's submission of any Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform, and distribute the Content in any way, in any and all media, without limitation (including without limitation on the Website and/or other Internet sites), and without additional consideration to you. By submitting Content, you hereby represent and warrant that the Content conforms to the requirements set forth herein:
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be obscene or offensive, endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies;
- Content cannot infringe trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind (other than products contained in your entry), or contain any personal identification other than participant's without permission;
- Content cannot infringe copyrighted materials owned by others;
- Content cannot contain the names or other indicia identifying any person, living or dead, without permission;
- Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Content cannot depict, and cannot itself be in, violation of any law (as determined by Sponsor in its sole discretion).
Sponsor reserves the right to waive the requirements set forth herein in its reasonable discretion. Sponsor's decision as to whether any Content is in violation of the above requirements is final and binding on participants.
Games at participating locations: If you have a Topgolf Membership (used for visits to participating locations) in addition to your Topgolf Rewards Program registration on the Website, you may earn Points for playing games at participating locations. Topgolf Memberships start at $5.00 and are subject to the Membership Agreement at http://topgolf.com/us/company/membership-agreement. If your Program registration includes a valid phone number or email address that corresponds to your Topgolf Membership, or if you have registered your Topgolf Membership card number as part of your Program registration, your games played in-venue will automatically earn Points to be credited to your Rewards Account. Unless stated otherwise in the "Earn" section of the Website or at a participating location, you will be deemed to have completed a game once you have hit 15 balls during a single session. You may also earn additional Points for game-related activities in-venue, such as achieving a high-score or trying a new game. Please consult the "Earn" section of the Website or see details in venue for Point-earning activities currently available, the number of Points awarded for each, and any relevant limitations. Points for eligible game-related activities will be credited to a Rewards Account within approximately 48 hours. Available Point-earning activities, as well as the number of Points awarded for each activity, and any limitations on the number of Points that may be awarded for each activity, may be revised by Sponsor at any time, for any reason, and with or without notice to you.
Points for game-related activities completed at participating locations up to seven (7) days before you register for a Rewards Account online will also be credited to your new Rewards Account as above, as long as you provided your phone number or email corresponding with your Topgolf Membership at the time of the activity, or if you registered your Topgolf Membership card number as part of your Program registration.
Point Multiplication & Tiers: The Points earned by a Member by the methods outlined in (i) and (ii) above, may be increased by a factor based on the Member's current Tier, which is assessed based on the number of qualifying visits to a participating location (and unrelated to the number of Points in the Member's Rewards Account). A Qualifying Visit includes any game completed at a participating location using your Topgolf Membership:
Current tier: Number of Visits required to achieve Tier: Point multiplier: 1 0 1.0 2 2 1.1 3 5 1.15 4 11 1.25
Unless stated otherwise in the "Earn" section of the Website or a participating locations, you will be deemed to have completed a game once you have hit 15 balls during a single session. Your Topgolf Membership must be linked to your Rewards Account to accrue games to advance tiers. Tier 1 status begins on the day that a given Member registers for the Program ("Anniversary Date"). Advancement to the next Tier is effective immediately after the required number of Qualifying Visits has occurred. A Tier that has been achieved is effective for 365 days past your next Anniversary Date. Following that period, your subsequent Tier depends on your number of Qualifying Visits during the previous 365 days. Your current Tier status is available online in your Rewards Account. Each Tier may have additional benefits or offers associated with it; see details (and any relevant terms and conditions) in venue or on the "Tiers" section of the Website.
How to Redeem Points:
Redeem online for an Entry into an Available Sweepstakes or Instant Win Game: In order to enter an available Sweepstakes and/or Instant Win Game you must first earn the required number of Points (as indicated on the Website). Then, following the instructions on the Website, you may choose to redeem a certain number of Points (as indicated on the Website for each Sweepstakes or Instant Win Game) for an entry into a participating sweepstakes (each a "Sweepstakes") or other time-seeded instant win game (each an "Instant Win Game"). Each Sweepstakes or Instant Win Game is subject to the Official Rules pertaining to such Sweepstakes or Instant Win Game. Official Rules will be available on the Website (and are incorporated herein by reference) with details regarding eligibility, entry deadlines, prizes available, and how to enter. Each time you enter a Sweepstakes or Instant Win Game, the applicable number of Points will be automatically deducted from your Rewards Account. There may be a limitation on the number of entries or game plays allowed per person for each Sweepstakes or Instant Win Game (as indicated on the Website). All Sweepstakes and/or Instant Win Game available on the Website are void where prohibited.
NO PURCHASE NECESSARY TO ENTER/PLAY OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. You may participate in a Sweepstakes and/or Instant Win Game without making a purchase, completing Activities or redeeming Points by following the instructions set forth in the Official Rules.
Redeem for rewards in the online catalog: To unlock access to the online catalog, you must have a Topgolf Membership in addition to your Program registration on the Website, and have completed at least one Qualifying Visit to a participating location. Sponsor may offer coupons, gift cards, or other available rewards during the Rewards Term, which Points can be redeemed for ("Rewards"). Such Rewards (if any) will be posted and, from time to time, updated on the "Rewards" section of the Website. Rewards offered are subject to change at any given time in Sponsor's sole discretion, and are available only while supplies last. Availability of Rewards may vary throughout the duration of the Program. Sponsor reserves the right (but is not obligated) to substitute a Reward with one of comparable or greater value for any reason and to change the Point value of any Reward at any time. Each Reward has a required number of Points for redemption as stated on the Website and/or at participating locations. You cannot redeem for a Reward unless you have accumulated the required number of corresponding Points in your Rewards Account. Only Points that are currently available in your Rewards Account may be redeemed. To redeem your Points for an online Reward, select a reward and follow the instructions (including providing the requested information) on the Website to confirm your selection. Once your order has been submitted, the required number of Points for that Reward will be deducted from your Rewards Account. You will receive an email confirming your transaction. Once Points have been redeemed they may not be returned or refunded to a Rewards Account for any reason. Participants may be required to provide additional personal information on an as-needed basis depending on the retail value of the Rewards redeemed by a Participant in a calendar year for tax purposes. Participants are responsible for all taxes associated with point earning and redemption for Rewards. Sponsor reserves the right to cancel any Reward at any time. In the event of a printing or posting error in the Points value for any Reward, Sponsor is under no obligation to honor a redemption request at an inaccurate value. No cancellations of Rewards orders placed, nor any exchanges, refunds or returns on an item will be permitted. Rewards are not transferable for cash, credit, other items, or Points under any circumstances. You are responsible for all federal, state, and local taxes, if any, as well as any other costs or expenses associated with acceptance and use of any Rewards. All Rewards, including gift cards and coupons are subject to the terms, restrictions, and conditions as set by the issuer. All Point redemption requests must be received by the Program End Date.
- Points: Points accrued in the Program are non-transferable to other Rewards Accounts, cannot be redeemed for cash, and cannot be combined with or shared with any other Rewards Account. Points do not constitute property, and do not entitle a Member to a vested right or interest. Sponsor expressly reserves the right to establish additional means of accruing Points, to delete any or all of the means currently in effect, to exclude specific types of Activities from the accumulation of Points and to specify periods after which unused Points will be forfeited. Points can be accrued only for Activities actually taken and completed by you, or purchases made by you, as determined by Sponsor, and can be applied only to your Rewards Account. If for any reason your Rewards Account is terminated by either you or the Sponsor, all of your Points accrued will be forfeited. Unused Points shall be deemed void upon the termination of the Program or such expiration period or date that we may impose from time to time. Points and Rewards Accounts cannot be sold, traded, bartered, assigned or transferred to or shared with a third party or auctioned through an online auction site or otherwise. Any Points which Sponsor deems in its sole discretion to have been sold, traded, bartered, assigned or transferred may be confiscated and/or cancelled. Points, once redeemed, cannot be returned, refunded, transferred or re-used. Points have no monetary value and remain the property of the Sponsor.
- Point Balances: Sponsor will attempt to credit earned Points on a timely basis. However, neither Sponsor nor its agents will be liable for any uncredited or misdirected Points. Sponsor reserves the right to invalidate Points if it determines, in its sole discretion, that such Points were improperly credited or obtained fraudulently, or in a manner not described herein. Subject to forfeiture or any expiration, Points will be maintained in your Rewards Account until they are redeemed or until the termination of the Program, whichever shall first occur. All decisions regarding Point balances, redemptions, and forfeitures, and the identity of the individual accessing a Rewards Account, are within the Sponsor's sole discretion. All Points shall expire at the end of the Program Term.
- Expiration of Points Due to Account Inactivity: Sponsor reserves the right to expire all Points in Rewards Accounts with no qualifying Point earning activity for 180 consecutive days, at the end of the 180th day (at 11:59:59 PM CT). Adjustments to Accounts by Sponsor will not be considered a qualifying activity. Expired Points will be removed from the Member's Rewards Account. No extensions, cash refunds or other exchanges will be allowed for expired Points. Sponsor is not obligated, and will not provide notice of such inactivity or expiration to participants. Sponsor reserves the right, at any time, to revise the inactive period causing expiration after one-hundred and eighty (180) days. Notice of such revision shall be posted on the Sponsor's website at www.TopgolfRewards.com
- Codes: Each promotional Code is an alphanumeric code that provides a limited-time offer to receive a certain number of Points when entered. Codes may be distributed in a number of ways including, but not limited to, the following: Sponsor advertisements and communications made through the Website, email, and/or social media. Each Code can only be used once by a Member. Subsequent attempts to re-submit or re-use the same Code will be void and ineligible to earn Points. Some Codes can be used by many Members, but only once per Member. All Codes must be redeemed by the date indicated in the applicable communication or they will be void. Codes must be redeemed through the Website when logged into your Rewards Account. Each time you enter a Code, your Rewards Account will be credited with the appropriate number of Points corresponding to that Code. We suggest you retain your original Codes for verification if required and for your records. All Codes are subject to verification at the sole discretion of Sponsor and its authorized agents. No Points will be credited for any Code deemed void for any reason. Sponsor may, in its sole and absolute discretion, determine any Code to be void for any reason including but not limited to the following: Code is obtained through unauthorized or illegitimate sources/channels, including purchased or obtained at a live auction; Code is not verified or recognized as a valid Code issued by Sponsor; Code is determined to be previously entered and used; Code is incorrectly or incompletely entered or submitted; or Code contains printing or production errors, or any errors in any way. Only Codes obtained from methods approved by Sponsor are eligible.
- In the event of a dispute regarding the identity of a registered Rewards Account holder, the registration will be deemed to have been made by the authorized account holder of the email address at the time of registration and he/she must comply with these Official Terms and Conditions. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access or online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
- Conditions on Member Participation: By participating, all participants (or as applicable, their parents or legal guardians if eligible minors) signify their agreement to be bound by these Official Terms and Conditions, and the decisions of Sponsor and its authorized agents whose decisions in all aspects shall be final and binding. Sponsor and its authorized agents may, at their sole discretion, disqualify any individual from participating in any aspect of the Program, and/or may cancel, suspend or block any Rewards Account registered by such person if Sponsor and its authorized agents deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Official Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Website; or (c) acting with intent to annoy, harass or abuse any other person; or (d) using any automated bot, script or other robotic, mechanical, programmed or automated devices to submit data to the Website or obtain Points, as determined by Sponsor; or (e) engaging in any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (f) engaging in any activity deemed in sole discretion of Sponsor and its authorized agents to be generally inconsistent with the intended operation of the Website. ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. If applicable, USGA members are responsible for monitoring any prize winnings/Rewards in order to maintain their desired status.
- Sponsor reserves the right to revise any of the these Official Terms and Conditions, to apply on a prospective basis, at any time by updating this posting; revisions may include, but are not limited to, the duration of the Program, the methods and number of methods through which you may earn Points (including without limitation the type or number of Activities), the number of Points you may earn, the type or number of Instant Win Games, Sweepstakes, or other promotional activities or Rewards for which you may redeem your Points, the number of Points that may be redeemed, and any of the options made available to you with respect to your Rewards Account. These revisions may be made at any time, even though these changes may affect your ability to earn or use Points. Sponsor will use commercially reasonable efforts, in its discretion, to give notice of any material change. By continuing to participate in any part of the Program and/or Website following the posting of any such change, you are deemed to have agreed to the amended version of these Official Terms and Conditions and are bound by any such revisions and should therefore periodically visit this Website to review the then current Official Terms and Conditions to which you are bound. Any failure to comply with these Official Terms and Conditions, or any attempt to act in a way that is inconsistent with the intent of these Official Terms and Conditions, or any conduct detrimental to Sponsor, or any misrepresentation, or any fraudulent activities in connection with the Program, or failure to act in a manner consistent with federal, state, or local laws, regulations or ordinances by you may result, in addition to any rights or remedies available to Sponsor in law or equity, in the termination of your Rewards Account and all Points accrued, as determined by Sponsor or its authorized agents, in their sole discretion.
- Notwithstanding all of the above, should Sponsor decide to discontinue the Program before the End Date, notice will be given to users (as determined in Sponsor's discretion). Once the notice period has ended, Points will no longer be redeemable, and all Points automatically become void.
- Release of Liability: BY PARTICIPATING, ALL PARTICIPANTS (OR AS APPLICABLE, THEIR PARENTS OR LEGAL GUARDIANS IF ELIGIBLE MINORS), ON BEHALF OF THEMSELVES, THEIR EXECUTORS, HEIRS AND ASSIGNS, AGREE TO RELEASE SPONSOR, ITS PARENT, AFFILIATES, SUBSIDIARIES, FRANCHISEES, ADVERTISING AND PROGRAM AGENCIES, AND SUPPLIERS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE "RELEASEES"), FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE WEBSITE OR PROGRAM, INCLUDING BUT NOT LIMITED TO, PREPARING FOR, OR PARTICIPATING IN ANY PROGRAM RELATED ACTIVITY; (B) ANY FAILURE OR DELAY BY SPONSOR IN CONNECTION WITH THE WEBSITE OR PROGRAM (INCLUDING WITHOUT LIMITATION, THE USE OF, OR INABILITY TO USE, ANY COMPONENT OF THE WEBSITE, ANY TYPOGRAPHICAL, PRINTING, MECHANICAL, NETWORK, ELECTRONIC, HUMAN OR OTHER ERRORS, ERRORS THAT MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF ANY COMPONENT OF THE WEBSITE OR PROGRAM, OR THE REDEMPTION AND ACCRUAL OF POINTS, OR ANY INACCURATE OR INCORRECT DATA CONTAINED ON THE WEBSITE OR PROGRAM); OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF ANY COMPONENT OF THE WEBSITE OR PROGRAM BY SPONSOR, EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR REGISTRATION INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD RELEASEES HARMLESS FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR ANY OTHER USER AUTHORIZED TO USE YOUR REWARDS ACCOUNT, INCLUDING, BUT NOT LIMITED TO, DISCLOSURE OF PASSWORDS TO THIRD PARTIES, ACCRUAL OF POINTS, OR REDEMPTION OF POINTS. PARTICIPANTS AGREE THAT ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS WEBSITE OR THE PROGRAM SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
- Limitations Of Liability: No responsibility or liability is assumed by Releasees for: any technical problems or technical malfunction of any kind which may affect or interrupt the operation of the Program; inaccessibility of the Website or phone systems in whole or in part for any reason; traffic congestion on the Internet or Website or phone lines; unauthorized human or non-human intervention of the operation of the Program; human error; destruction of any aspect of the Program or data thereof; or, inaccessibility or unavailability of a Rewards Account used in connection with the Program. Releasees are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Program, or use of or download of any information from the Website. Use of the Website is at user's own risk. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THE PROGRAM IS PROVIDED 'AS IS' WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
- In the event of any conflict between any details contained in these Official Terms and Conditions and details contained in any other materials, the details of the Program as set forth in these Official Terms and Conditions shall prevail.
- If any provision of these Official Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
- Arbitration and Governing Law: Binding Arbitration: Any controversy or claim arising out of or relating to the Program shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS ("JAMS Rules and Procedures") then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS PROGRAM IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS PROGRAM, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM, OR ANY POINTS AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Terms and Conditions, or the rights and obligations of participant and Sponsor in connection with the Program, and/or for entering any judgment on an arbitration award, shall be governed by, and construed in accordance with, the substantive laws of the State of Texas without regard to Texas conflicts of laws principles. All participants consent to the jurisdiction and venue of the federal, state and local courts for Dallas, Texas.
- No Waiver: Sponsor's failure to exercise or enforce any right or provision of these Official Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Sponsor in writing.
- Captions: The headings in these Official Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Official Terms and Conditions.
- Customer Care: Please feel free to contact us via https://topgolf.com/us/company/contact-us/.
- Complete Agreement: These Official Terms and Conditions, together with those items made a part of these Official Terms and Conditions by reference, make up the entire agreement between Sponsor and the Website Members participating in the Program, and replaces any prior understandings or agreements (whether oral or written). If a court finds any of these terms to be unenforceable or invalid, that term(s) will be enforced to the fullest extent permitted by applicable law and the other terms.