Run Your Pool and TaylorMade Golf “The Open Pick 6” Contest
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
RUNYOUROFFICEPOOLS, LLC DOES NOT PROVIDE SERVICES RELATED TO GAMBLING. THE SITE AND THIS CONTEST ARE FOR ENTERTAINMENT PURPOSES ONLY AND FREE TO PLAY
1. CONTEST PERIOD
The Contest commences on July 20, 2023 at 12:00:01 a.m. Eastern Time, and ends on Sunday, July 23, 2023 11:59:59 p.m. Eastern Time (“Contest Period”), or if there are delays, following the conclusion of The Open event at Royal Liverpool Golf Club in Wirral in Merseyside, England. Sponsor’s computer is the official time-keeping device for the Contest.
2. SPONSOR
The Sponsors of the Contest are RunYourOfficePools, LLC, located at 383 Corona Street Unit #819, Denver, Colorado 80220 (“RYP”) and Taylor Made Golf Company, Inc. located at 5545 Fermi Court, Carlsbad, CA 92008 (“TaylorMade”, and together with RYP, “Sponsor” or “Sponsors”).
3. ELIGIBILITY
The Third Major Challenge (“Contest”) is open only to individuals who are legal residents of the 50 United States or the District of Columbia (excluding Washington and Nevada) and are at least eighteen (18) years old or the age of public contest or sweepstakes eligibility in their jurisdiction (whichever occurs later) at the time of entry. Void where prohibited or restricted by law. The Contest is subject to all applicable federal, state and local laws and regulations.
The following individuals are not eligible to enter or win a Prize: Employees, contractors, representatives, agents, directors, and officers of RunYourOfficePools, LLC or Taylor Made Golf Company, Inc. their respective parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Contest (“Contest Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, and siblings and the “steps” of each); professional football players; team owners, management and personnel; sports agents and their employees; league personnel; and sports betting operators and their employees.
By participating in this Contest, entrants agree to be fully and unconditionally bound by these official rules (“Official Rules”), the Site Terms of Service, the Privacy Policy of RYP and by the decisions of the Sponsor in all matters relating to the Contest.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements, as determined by Sponsor in its sole discretion, will be disqualified from the Contest.
4. HOW TO PLAY
To enter this Contest, prior to the close of the Contest Period, entrants must: (1) create an account at www.RunYourPool.com (the “Site”), (2) join the pool on the Site located at https://play.runyourpool.com/the-open-pick-6, and (3) choose a total of six (6) golfers to form the entrant’s “Player Roster”. The golfers in the tournament will be divided into six (6) tiers or flights, based on their odds to win the tournament. If multiple sources have the same golfer with different odds, the average of those odds will be used. Each pool member will choose one (1) golfer from each of the six tiers. The goal is to be the Entrant whose Player Roster performs the best, cumulatively, as a team. The pool member with the lowest aggregate stroke total for their Player Roster is the winner for that tournament. Any tournament golfer who does not make the cut (i.e., advance past the 2nd round of the tournament) will be given the highest scores of Round 3 and Round 4, respectively.
Entrants will also enter a tie-breaker, which is the predicted total score for the winning tournament golfer of this tournament. The predicted score used for the tie-breaker should be the golfer’s total strokes, NOT score to par. Example: Enter 274 strokes (NOT -14 or 14 strokes under par).
A pick deadline will be established as soon as tee times for the Open Championship are publicly available. In any event, the pick deadline will be no later than the date and time at which the first player tees off for the first round of the Open Championship on July 20, 2023. Selections cannot be made or changed after the pick deadline. Any entrant who fails to enter their Player Roster before the pick deadline shall receive an automatic score of zero (0) points for the contest.
Satisfaction of each of the foregoing by the end of the Contest Period shall be considered an “Entry.” The Entry must fulfill all Entry requirements, as specified, to be eligible to win a prize. An Entry that is not complete or does not adhere to the Official Rules or specifications may be disqualified at the sole discretion of Sponsor . You may only enter once and you must fill in all of the information requested. You may not enter more times than indicated by using multiple email addresses, identities or devices in an attempt to circumvent the Official Rules. If you use fraudulent methods or otherwise attempt to circumvent the Official Rules, your Entry may be removed from eligibility at the sole discretion of Sponsor .
Scoring
One (1) point is awarded for each stroke a golfer in your Player Roster takes during the tournament. Any tournament golfer who does not make the cut will be given the highest score of Round 3 and Round 4, respectively.
The Entrant with the lowest aggregate stroke total for their Player Roster is the winner for the Contest (“1st Prize”). The Entrant with the second lowest aggregate stroke total for their Player Roster will place second in the Contest (“2nd Prize”). The Entrant with the third lowest aggregate stroke total for their Player Roster will place third in the Contest (“3rd Prize”).
Tie-breaker
In the event of a tie, the Entrant with the closest guess to the winning score of the tournament will win.
In the event of a tie for first place that cannot be broken by the application of the tie-breaker (closest guess to the winning score of the tournament), the Entrant who selected the tournament winner in their Player Roster will win first prize. In the event multiple first place entrants had the same tie breaker and selected the winning golfer in the event, one (1) winner will be randomly selected by the Sponsor.
Bonus Prize
All Entrants who submit picks in the contest before the pick deadline on July 20, 2023, and have at least three (3) players on their Player Roster make the cut in the tournament, will be entered into a random drawing. One winner of that drawing will win a package of seventy two (72) TaylorMade golf balls. The drawing will be held on or before July 28, 2023 and the one (1) winner will be notified on or before July 28, 2023.
Interpretation of Rules
In the event of an ambiguity or dispute in the Contest rules or scoring, Sponsor may, in its sole discretion, determine the proper interpretation or resolution of the rule or score at issue. Sponsor’s decision in this matter will be final. At the time of entering the Contest, each participant will have the opportunity to opt-in to receive promotional communications from Taylor Made Golf Company, Inc. (“TaylorMade”). Note, opting-in to receive promotional communications from TaylorMade will not in any way whatsoever increase or otherwise impact the chances of winning in this Contest. A participant can opt-out of receiving promotional communications from TaylorMade at any time without impacting their chances of winning in this Contest.
5. PRIZE
Prize winners will receive one of the following four prizes:
• 1st Prize: One (1) TaylorMade Fourth Major Commemorative GolfBag (Approximate Retail Value (“ARV”) $599.99), one (1) TaylorMade Fourth Major Commemorative Driver Headcover (ARV $59.99), one (1) TaylorMade Fourth Major Commemorative Putter Headcover (ARV $49.99), three (3) TaylorMade Third Major Commemorative Hybrid and/or Fairway Headcovers (ARV $49.99), , one (1) Stealth2 Driver (ARV $599.99), and two (2) of any combination of Stealth2 fairway woods and hybrids (ARV $349.99 each) .
• One (1) Stealth2 Driver (ARV $599.99) and one (1) set of seven (7) Stealth irons (ARV $999.99). (“2nd Prize”)
• One (1) Stealth2 Driver ($599.99). (“3rd Prize”)
• Seventy two (72) TaylorMade golf balls (ARV $359.94) (“Bonus Prize”).
Aggregate ARV of all Prizes in the Contest: $4,719.82
6. WINNER NOTIFICATION
Potential winners of all prizes will be notified by message sent to the email address or phone number no later than 6:00 pm Eastern Time the Friday following the completion of the weekend-long contest. Potential winners who have not provided a correct email address or phone number during the creation of their RunYourPool.com account may be disqualified and forfeit their Prize(s). Potential winners who no longer have an account with RunYourPool.com at time of notification may be disqualified and forfeit their Prize(s).
If a winner (i) is determined to be ineligible, (ii) fails to respond to the initial verification message within one (1) week of notification or after three (3) attempts (whichever occurs first), (iii) fails to sign and return all requested documents by the specified return date, the winner forfeits the prize in its entirety and an alternate winner will be selected based upon the criteria above. If Sponsor has selected two (2) potential winners pursuant to the procedure set forth above, and none completes the requirements herein, then that prize will not be awarded.
7. WINNER SELECTION
The First, Second, and Third Prize winner selection will depend upon the scoring and tie breaker methods as set forth in Section 4, “How to Play.” The Bonus Prize winner will be selected in a random drawing held on or about July 28, 2023 from among all eligible Entries received. The random drawing will be conducted by Sponsor, whose decisions are final on all matters relating to this Contest.
8. ODDS OF WINNING
Odds of winning Prizes depend on the total number of entrants, and the ability of the entrants to pick the Player Roster with the lowest aggregate score for the tournament.
9. PRIZE CONDITIONS
Winners are subject to verification, including verification of age and residency. Prizes are non-transferable and no Prize substitution is permitted, except at the sole discretion of the Sponsor. If a Prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a Prize with one of comparable or greater value. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of the winner.
As a condition to receiving a Prize, winners must sign and return any documents requested by Sponsor, including but not limited to, an affidavit of eligibility and publicity/liability release. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in a Prize.
The entrant must be the rightful owner of the e-mail address entered into the Contest. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable e-mail account is registered. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner. Use of any automated system to participate is prohibited and will result in disqualification.
10. TAXES
The value of the Prize will be taxable to winners as income, to the extent taxes apply. Winners are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Prize.
All Contest Prize winners of $600 or more will be issued an IRS Form 1099 in the amount of the actual retail value of the applicable Prize and must submit a completed W9 to Sponsor for that purpose.
11. PUBLICITY
Except where prohibited by law, each winner’s acceptance of a prize constitutes permission for Sponsor, Prize providers, and their respective agents a worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and likeness in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration.
12. LIMITATION OF LIABILITY
By participating in the Contest, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Contest; and (b) to release, discharge and hold harmless Sponsors and each of their respective subsidiaries, affiliates, distributors, promotion and advertising agencies, and the respective officers, directors, shareholders, employees, agents and representatives of each of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons (including death) or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest related activity or the acceptance, possession, use or misuse of any prize.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or orders, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or orders, the announcement of the prizes, or in any Contest related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest.
Released Parties are not responsible for injury or damage to any person's computer or smartphone related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest, website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void.
ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE CONTEST. EACH ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN NO EVENT WILL SPONSOR OR ANY OF THE RELEASED PARTIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ANY PERSON’S PARTICIPATION IN THE CONTEST OR THE AWARD OR USE OR INABILITY TO USE THE PRIZES, OR ASSOCIATED WITH ANY ASPECT OF THE PRIZES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR OR ANY RELEASED PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
13. WAIVER
By participating in this Contest, Entrants agree to waive any rights to claim ambiguity with respect to these Official Rules. Entrants also waive all rights to bring any claim, action, or proceeding against the Release Parties for any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from or any of Sponsor or the Released Parties in connection with, the Contest, any Entry, or the Prizes, including, but not limited to, personal injury, death, or damage to or loss of property, or liability for any taxes and fees, arising out of participation in the Contest or receipt or use or misuse of any Prize.
14. SPONSOR’S RESERVATION OF RIGHTS
Sponsor reserves the right to modify the Contest and Prize award procedures at any time and for any reason.
Should any portion of the Contest be, in Sponsor’s sole opinion, compromised for any reason, including virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest (or portion thereof) and, if terminated, at its discretion, select the potential winners from among all non-suspect, eligible Entries received prior to the termination date.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL AVAILABLE REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
15. AGREEMENT TO ARBITRATE & CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. YOU AND RUNYOUROFFICEPOOLS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
1. You hereby agree that, except as provided in Section 12.F below, any claim, dispute, or controversy between you and Sponsor, whether brought by you or by Sponsor, arising out of or relating in any way to the Agreement, your use of our Website or any of our content, or other aspect of the Website, must be resolved through final, binding, and confidential arbitration administered by JAMS in accordance with the then-current Streamlined Arbitration Rules and Procedures for commercial contracts (the “JAMS Rules”), except that you or we may assert claims in small claims court if those claims qualify under applicable law. In addition, either you or we have the option to bring claims in court to seek temporary or preliminary injunctive relief without seeking damages, in any court of competent jurisdiction. If the JAMS Rules conflict with any portion of these Terms of Service, these Terms of Service shall control. The parties will mutually agree on an arbitrator, provided that if the parties cannot agree on an arbitrator within ten (10) days, JAMS will choose the arbitrator. In rendering an award, the arbitrator shall apply the governing law stated in Section 15, except that the Federal Arbitration Act will govern the interpretation and enforcement of this Section.
2. The arbitration of any claims or disputes hereunder shall be conducted in New York County, New York, USA, except that if you are an individual, the arbitration may be conducted in the county or parish of the billing address you provide to us (if applicable) or else in the county or parish of your primary residence. You or we may also choose to have the arbitration conducted by telephone, based on written submissions, or in person at another mutually agreed location. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules, including, if you are an individual, the JAMS Consumer Arbitration Minimum Standards. Each party will bear its own attorneys' and experts' fees in connection with any dispute governed by this Agreement.
3. Unless you opt-out of arbitration as set forth below, and except with respect to the class arbitration waiver as set forth in Section 12.D below, the arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to interpretation, applicability, unconscionability, formation, arbitrability, and/or enforceability of this arbitration provision, including any challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, the arbitrator will be empowered to grant whatever relief would be available in court under law or in equity (including injunctive and declaratory relief and statutory damages) and must follow the Agreement, as a court would. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
4. You agree that an arbitration will be conducted on an individual, and not a class-wide, basis. An arbitrator will have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to the extent of their individual claims. YOU ACKNOWLEDGE AND AGREE THAT UNLESS OTHERWISE AGREED IN WRITING BY YOU AND SPONSOR, WITH REGARD TO ANY CLAIMS HEREUNDER, YOU WILL NOT BE ENTITLED TO SEEK TO, AND AN ARBITRATOR OR COURT MAY NOT, JOIN OR CONSOLIDATE YOUR CLAIMS WITH ANY OTHER SIMILAR CLAIMS OF ANY OTHER PERSON OR PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
5. You can opt out of this arbitration provision by sending a notice ("Rejection Notice") to Sponsor within sixty (60) days of the date that you first agreed to these Terms of Use or to any subsequent revisions to this Section 16. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. To opt out, you must send your name, address, username, the email address, or phone number associated with your account, and a clear statement that you want to opt out of this arbitration agreement to Legal@RunYourPool.com. In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming that Sponsor received the Rejection Notice within sixty (60) days. You may opt out of the Agreement in its entirety by not using the Website.
6. If for any reason, a claim proceeds in court rather than arbitration under this Section 12, the claim shall be resolved exclusively in the appropriate state and federal courts located in the state of Delaware. With respect to any non-arbitrable claims, both parties hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive all objections to such courts on any basis, including without limitation inconvenience of the forum.
16. PRIVACY
Any personally identifiable information collected during an entrant’s participation in the Contest may be used by Contest Parties for the proper administration and fulfillment of the Contest, and may also be used to send marketing and promotional emails about the Contest Parties’ products and services to entrant pursuant to the Site’s Privacy Policy. Entrants may opt out of such emails at any time. Eligibility to participate in the Contest is not dependent upon entrant’s consent to receive emails and such consent will not affect entrant’s chances of winning.
Sponsor shall have the right to post entrant’s picks along with entrant’s user name on the Site.
17. WINNER’S LIST
For the names of the winners, send an email to admin@runyourpool.com. Requests must be received no later than sixty (60) days after the end of the Contest Period.