Treetops Virtual Hole In One Contest
ELIGIBILITY: The contest is open to any person 18 years of age or older. Employees of Treetops Resort and Contests International, Inc., the Sponsor, (and their families and members of their households) are not eligible to win. Persons residing in jurisdictions, which prohibit participation, are not eligible to receive prizes; entry into the contest constitutes entrant's representation that he or she does not reside in such jurisdiction.
3. NO PURCHASE REQUIRED TO ENTER OR TO WIN A PRIZE. Entrants do not have to purchase any products to participate or to win.
4. HOW TO ENTER: The Treetops Virtual Hole In One Contest will be held at one of the Treetop courses, on the virtual 6th hole at Threetops. A download version of the World Tours Golf game and the Threetops 6th hole will be made available for free, linked from Treetops.com. The Treetops Virtual Hole In One Contest begins on May 24, 2002 and ends on June 24, 2002 (the "Promotional Period"). A person can enter as many times as he or she likes. To enter, visit the website, follow the instructions, complete the entry form, and click to submit. The top 25 qualifiers will be invited by email to enter a one shot final event for the grand prize. The Game organizers will contact the top 25 qualifiers by email beginning on June 25th, informing them of their eligibility to enter the grand finale. The one shot final event for the grand prize will begin on July 1, 2002 and end on July 2, 2002. The best shot closest to the pin will get the grand prize. If there are ties (multiple holes in one) the winner will be the one who hit the closest in the qualifying event. All Internet access and usage charges are the responsibility of the entrant. If for any reason the contest is not capable of running as planned, including any causes which may corrupt or affect the administration, fairness, integrity, or proper conduct of the contest, Sponsor reserves the right at its sole discretion, to terminate, modify, or suspend the contest. All timely entries received on-line before any service outage will be included in the contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof. Sponsor is not liable for any injury or damage to an entrant's, or any other person's, computer related to or resulting from participation or downloading any materials related to the contest. In the event of a dispute, eligible electronic entries will be considered made by the authorized account owner of the email address submitted at the time of entry. All Entries: To be eligible for the Treetops Virtual Hole in One Contest, on-line entries must be received by 11:59 PM. on June 24, 2002. All Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete entries are void.
5. PRIZE DETAILS: All entries will be considered skill entries and awarded accordingly. There is one Grand Prize: Certificate for 2 nights stay in deluxe accommodations at Treetops Resort and 54 holes of golf for 2 people. The Grand Prize is subject to availability and based on double occupancy. The Grand Prize will be valid for 1 year upon receiving the certificate. The winner will also receive 2 gift bags. The approximate retail value of the trip is $830.00. Winner acknowledges that except and to the extent that the Sponsor cannot by law exempt itself from responsibility or liability, the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prizes described herein; including, but not limited to, its quality, merchantability, mechanical condition or fitness for use. All warranties are hereby disclaimed, and the winner will accept the prize "as is." All federal, state and local taxes, fees and other expenses not specified herein are the winner's responsibility. Prizes cannot be assigned, transferred, exchanged or redeemed for cash, but Sponsor may substitute cash value for the prize at its sole option. If the prize is unavailable, a prize of equal or greater value may be substituted. Other prizes include: (1) second place prize: a poster from the 2001 Par 3 Shootout, autographed by Paul Azinger, Lee Trevino, Phil Mickelson and Raymond Floyd; and a gift bag. Retail value is $70.00. (1) Third place prize: gift bag, retail value is $40.00.
6. WINNER (S): All prizes will be awarded unless unclaimed.
All prizewinners will be notified by email and posted at the Treetops website, www.treetops.com. The winner in Treetops Virtual Hole In One Contest will be impartially determined by Sponsor based upon computer data generated by the entries. Sponsor's decisions regarding all aspects of the Game shall be final and binding. Potential winner may be required to execute an affidavit of eligibility and liability/publicity release to be returned within ten days of notification or such other date set by sponsor. If the potential winner fails to submit the affidavit in the time allowed, declines to accept the prize or a prize notification is returned as undeliverable, the potential winner will be disqualified and the Sponsor will select an alternate winner. Failure to respond within the applicable time period will result in forfeiture of prize. In the liability release, winner will agree to release Sponsor and its agencies from any injuries, damages or losses that may be sustained in connection with ownership, use or misuse of the prize. Winners agree that Sponsor may use their names or likeness for advertising and publicity purposes without additional compensation (except where prohibited).
Winners of prizes of $600 or more in value will be required to disclose sufficient information such that Sponsor can issue 1099 tax forms.
7. ODDS: The odds of winning will be determined by the number of entries. To obtain a winner's list (available after July 2, 2002), send a self-addressed business size (#10) envelope to Sponsor at: 1628 Henthorne Drive, Ste 100, Maumee, OH 43537. All requests for a winner's list must be received by January 2, 2003.
8. DISPUTES: Each entrant agrees that: any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any disputes will be resolved by on-line arbitration as follows: Within forty-five days of the receipt of the written demand, each party shall each choose an attorney as a representative, and the representatives shall choose an arbitrator. The arbitrator shall accept arguments via email and fax, and submit a decision to the parties or their attorneys via email. Each party shall pay half the costs of the arbitration proceeding. The arbitrator shall not have the authority to award punitive damages or any other form of relief not contemplated in these Rules. Regarding each issue submitted to arbitration, the decision shall be accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and Sponsor in connection with the contest shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Ohio or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Ohio.
9. SPONSOR: Contest is sponsored by Contests International, Inc. ("Sponsor"). Sponsor reserves the right to cancel the Contest at any time and substitute another promotion in its place. A hard copy of these rules will be provided to anyone who requests them by writing to Sponsor at the following address: Contests International, Inc., 1628 Henthorne Drive, Ste 100, Maumee, Ohio, 43537, and encloses a self-addressed, stamped number 10 envelope. Washington and Vermont residents may omit return postage.
June 1, 2002