OPTISHOT TOURNAMENT RULES
1. HOW TO ENTER AND PLAY:
Eligible entrants may enter the Optishot Season Pass Tournament (the “Tournament”) by visiting https://optishotgolf.com/pages/optishot-season-pass and selecting either the Mini Tour or the Pro Tour Season Pass package. One entry per person and/or email address. Duplicate entries will be disqualified. Submitting an incomplete entry may result in disqualification. Entries are Edens’ property and will not be returned. Edens is not responsible for lost or misdirected messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, online failures, acts of God, natural disasters, power failures, hardware, software or other technical malfunctions or disturbances or other communications failures or circumstances affecting receipt of entries or entrants’ ability to participate in this promotion.
2. NO ADDITIONAL PURCHASE NECESSARY.
No additional payment, proof of purchase, entry fee, or other consideration of any kind is required to be eligible to win. The Tournament is a one-time promotional event that does not involve paying money or giving consideration for the chance to win a prize and does not involve the purchase of a product or service for substantially more than its fair market value. Skill is the predominant factor in determining which entrant wins, with the lowest score(s) in a virtual golf game played using real golf clubs determining who wins prizes.
The Tournament is open to anyone with access to an Optishot device. Every entrant must be at least eighteen (18) years of age or the age of legal majority in the entrant’s state at the time of entry. Corporations, limited liability companies, partnerships, associations, sole proprietorships, business and labor organizations, other public or private entities, and board members, managers, executive staff, and other employees of Edens Technologies, LLC’s (“Edens”) and Edens parents, subsidiaries, and affiliates, and the immediate families and members of the household of any such individuals, are not eligible to enter or win. To remain eligible for the Tournament, an entrant must remain an active subscriber to Edens’ email promotion list. Edens reserves the exclusive right to determine whether any entrant meets any pre-drawing or post-drawing requirement to claim any prize.
Eligible participants will play in a virtual golf tournament using Optishot2. Prizes are awarded at random to all participants.
The Prizes may include but not be limited to clubs, golf balls, gift cards, and Platinum Courses.
Edens will notify winners within three (3) days after the tournament by sending an email to the email address the entrant provided on the entry form. The winner must respond within seven (7) days of Edens transmitting that notice. If the winner fails to respond within that time period, prizes will be forfeited and may be awarded to an alternate winner Eden chooses. Shipping will be covered by Eden.
All winners may be required to provide evidence that the individual is the authorized account holder of the email address associated with the winning entry and complete an affidavit of eligibility and any applicable releases. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed submitted by the person in whose name the email account is registered. Eden will make such determinations in Edens’ sole discretion.
Edens exclusively reserves all rights to provide adequate substitutes for the prize if such becomes undeliverable. If Edens determines that a winning entrant is ineligible, Edens will award the prize to an eligible participant with the next lowest score. This process will continue until all prizes are awarded to eligible participants.
5. ODDS. Actual odds of winning are based upon the number of eligible entries received. Each eligible entry shall have an equal chance of winning.
6. DECISIONS. By submitting an entry or participating in the Tournament, entrants agree to abide by and be bound by these Rules and to accept Edens’ decisions as final. Entrants also agree to indemnify and hold harmless Edens and its officers, directors, employees, members and representatives, and agents from any liability arising from participating in the Tournament, or from accepting or using any Prize. Edens and its officers, directors, employees, members, and representatives, and agents are not responsible for any negligence, claims, liability, injury, property loss, or other damages of entrants, winners, or others arising from, or in connection with, the acceptance or use of prizes awarded or participation in this Tournament. Edens reserves the right to disqualify entrants who fail to follow these Rules or who make any misrepresentations relative to the Tournament and prize redemption.
7. PURPOSE. The Tournament is a promotional activity that is designed to promote Edens and the sale of its Optishot products.
8. MISCELLANEOUS. This Tournament is void to the extent prohibited by law and all federal, state, and local regulations apply. At its sole discretion, Edens may substitute prizes of equivalent value, amend the Rules, or discontinue the Tournament at any time and for any reason. Edens disclaims any responsibility to notify participants of any aspect related to the conduct of this Tournament.
9. TAXES. Prize winners are solely responsible for all applicable federal, state and local taxes, surcharges, tariffs, duties, shipping and handling charges, and all other charges associated with taking possession of or owning the Prize.
11. WARRANTY. Edens and its officers, employees, and agents make no warranty of any kind regarding the Prize or any Edens or Optishot products. EDENS AND ITS SUBSIDIARIES, TOGETHER WITH THEIR RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS EXPRESSLY EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES OFFERED BY EDENS, OR ITS OFFICERS, EMPLOYEES, AND AGENTS WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.12. WAIVER. By participating in this Tournament, each participant agrees to waive any and all claims for damages for death, personal injury, loss of property or property damage that he or she may sustain as a result of his or her participation in the Tournament and/or the use of any prize, and any damages or losses arising from the implementation or carrying out of the Tournament or any participant’s failure to win the Tournament or receive the prize, and to release Edens and its subsidiaries, affiliates, directors, officers, employees, agents, from any and all liability arising out of or connected in any way with his or her participation in the Tournament, even though that liability may arise out of an intentional act, omission, negligence or carelessness on the part of the persons or entities mentioned above. All entrants and winners agree that Edens shall have no liability for any injury, misfortune, or damage to either persons or property incurred by entering, participating in, winning, or losing any Tournament and/or by the acceptance, use, or non-use of any prize received in connection with this Tournament.
13. APPLICABLE LAW. Any claims or controversies relating to or arising from this tournament shall be governed by and interpreted in accordance with the Michigan law, without regard to the conflicts of law principles thereof and shall be brought in state or federal courts located in Wayne County, Michigan. Each entrant agrees to the venue and jurisdiction contemplated by this section, submits to the exclusive jurisdiction of those courts, and waives any and all objections to jurisdiction and venue in those courts.
15. DISPUTES. Entrant agrees that: (1) any and all disputes, claims, and causes of action, arising out of or in connection herewith, shall be resolved individually, without class action, and any judicial proceeding shall take place in the state or federal courts in Michigan; (2) any and all claims, judgments, and awards shall be limited to out-of-pocket-costs incurred in entering this Tournament, but shall not include attorney’s fees; and (3) entrant waives all rights to claim punitive, incidental, and consequential damages, and any other damages and rights to have damages multiplied or increased.
16. SPONSORS: Edens is the Tournament sponsor. Edens is located at 115 N. Center Street, Northville, MI 48167. For a written copy of the Rules or a list of Prize winners, please send a written request to Eden.
The Tournament and all accompanying materials are copyrighted (c) 2015 EDENS TECHNOLOGIES, LLC.