PickSix and One & Done
NO PURCHASE NECESSARY.
VOID WHERE PROHIBITED BY LAW. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (EXCLUDING PUERTO RICO, OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES) AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE NOT LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA.
THIS PROMOTION IS IN NO WAY AFFILIATED WITH APPLE INC. OR GOOGLE INC.
1. ELIGIBILITY. The PickSix (“Promotion”) is open to legal residents of the 50 United States and the District of Columbia (EXCLUDING PUERTO RICO, OTHER UNITED STATES TERRITORIES, AND FOREIGN TERRITORIES), who are thirteen (13) years or older as of the date of entry, and are registered members of the Play PickSix mobile application. Registration is further described below in Section 4.
The following are not eligible for the Promotion: (i) employees and agents of Game Point Capital, LLC (“GPC”), Sponsors and Promoters and their respective parent, subsidiary and affiliated companies; and (ii) the “immediate family members” and/or “household members” of any of the persons set forth in (i) above. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings or spouses. “Household members” shall mean people who share the same residence at least three (3) months a year.
Participation in the Promotion constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsors’ decisions. The decisions of GPC and the Sponsors regarding all matters relating to the Promotion are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. This Promotion is void in all U.S. Territories, (e.g., Puerto Rico and Guam) and where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
2. SPONSOR; PROMOTERS. This Promotion is offered by GPC and certain sports bars, restaurants and other entities (the “Sponsor” or “Sponsors”) that have entered into an agreement with GPC to use the Play PickSix mobile application. Any additional advertisers associated with the Promotion, if any, shall be deemed a “Promoter” for purposes of these Official Rules.
Topgolf is not a Sponsor or Promoter of the PickSix Promotion or the Play PickSix mobile application and as such does not endorse or administer the Promotion. The Topgolf gift card reward for winners of the Promotion is the sole responsibility of GPC.
MOREOVER, PLAY PICKSIX AND ITS CONTEST AND PROMOTIONS ARE IN NO WAY AFFILIATED WITH APPLE INC. OR GOOGLE INC.
4. PICKSIX REGISTRATION. To enter the Promotion, you must be a registered member of the Play PickSix mobile application. Registration is FREE.
5. TIMING. Registration for the Promotion is available at all times when there are a sufficient number of upcoming games to complete a PickSix, a One & Done or both.
6. HOW TO PLAY.
General. There are two games that comprise the Promotion and can be played within the Play PickSix app: (1) PickSix and (2) One & Done.
8. PRIZES. The prize for winning PickSix is a $10 Topgolf gift card OR if played at a Sponsor’s location, the prize is a $100 gift card redeemable by the Sponsor.
The prize for winning One & Done is a $10 Topgolf gift card OR if played at a Sponsor’s location, the prize is a $50 gift card redeemable by the Sponsor.
Prize Winners will be determined within a reasonable time after all the games selected in a PickSix and/or One & Done conclude. Prize winners will be determined on an ongoing basis.
Winners of a $10 Topgolf Gift card will receive their prize from GPC by email. Winners of a Sponsor’s $100/$50 gift card will receive their prize directly from the Sponsor.
The odds of winning a PickSix are approximately 2%. The odds of a One & Done are undetermined as they are dependent on the sport and your score prediction.
9. PRIZE RESTRICTIONS. Winning a prize is contingent upon fulfilling all requirements set forth herein. Winners are solely responsible for any and all expenses, relative to participation in the Promotion (including acceptance of any prize) not specified herein.
If a potential winner is a minor in hisher jurisdiction of primary residence, potential winner’s parentlegal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himselfherself and the potential winning minor. Prizes may be awarded in the name of, or to, parentlegal guardian.
No cash or other prize substitution, assignment or transfer of prizes is permitted, except at GPC’s or the Sponsor’s sole discretion due to prize unavailability. GPC or the Sponsor reserves the right to substitute a prize with one of comparable value or greater value (e.g., GPC or the Sponsor may opt instead to award the cash equivalent of any prize in lieu of the prize itself). THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE.
Gift Cards are NOT redeemable/exchangeable for cash. Other restrictions may apply.
10. ENTRY ERRORS/ NO RETURN OF ENTRIES; DISPUTES. Neither GPC, the Sponsors nor the Promoters are responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Neither GPC, the Sponsors nor the Promoters are responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion, including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.
Once submitted, entries become the sole property of GPC and the Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder, i.e., natural person associated with the entry, will be deemed to be the registrant.
Potential winners may be required to show proof of identification, and GPC or the Sponsor may require that the potential winner provide proof that his/her identification matches the User Information associated with the winning entry (both at the time of entry and at the time of verification of a potential winner). GPC OR THE SPONSOR RESERVE THE RIGHT TO DISQUALIFY ANY POTENTIAL WINNER IF IT DETERMINES, IN ITS SOLE DISCRETION, THAT ANY USER INFORMATION WAS CHANGED OR FALSIFIED IN ORDER TO MEET ELIGIBILITY REQUIREMENTS.
11. POTENTIAL WINNERS. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY GPC OR THE SPONSOR, WHOSE DECISIONS ARE FINAL. GPC OR THE SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. GPC OR THE SPONSORS WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF THEIR OWN VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID.
A potential winner will be disqualified (i) heshe does not comply with these rules (or is otherwise determined to be ineligible), (ii) heshe does not request their prize at the sponsoring location within two (2) days of winning, or (iii) the prize is undeliverable for any reason.
12. PUBLICITY RELEASE. As a condition of receiving a prize, potential winners may be asked to complete, sign and return, except where prohibited, a Publicity Release, within ten (10) days of the date stated on the prize notice. Except where prohibited, participation in this Promotion constitutes winner’s consent to GPC’s, Sponsor’s and Promoter’s, and any of their respective agents’ use of winner’s name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
13. CONDITIONS OF PARTICIPATION. Participation constitutes entrant’s full and unconditional agreement to these official rules and to GPC’s and the Sponsor’s decisions. The decisions of GPC and the Sponsors in regard to all matters of this Promotion are final and binding.
GPC and the Sponsors reserve the right in their sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner.
Without limiting the foregoing, GPC and the Sponsors may lock out an entrant who, in GPC’s or the Sponsors’ sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE OR MOBILE APPLICATION MAY BE SUBJECT TO CIVIL ANDOR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, GPC or the Sponsor may modify, cancel, terminate, andor suspend the Promotion if, in GPC’s or the Sponsor’s sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Promotion, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
14. RELEASE AND INDEMNITY. By participating in this Promotion or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless GPC, Sponsors, Promoters, and each of their respective related companies, and all of their respective officers, directors, employees and agents (collectively, the “Released Parties”) for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities) or the acceptance, possession or use/misuse of a prize.
15. GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
16. LIMITATIONS OF LIABILITY. The Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Promotion or prizes, and are not responsible for: (1) any incorrect or inaccurate information, whether caused by the entrants or by any of the equipment, hardware, software or programming associated or used with the Promotion; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Promotion; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion, access to the Play PickSix mobile app, or receipt or use of any prize.
17. DISPUTES/CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Cumberland county, Maine; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Maine law, without reference to Maine’s choice of law rules, governs the Promotion and all aspects related thereto.
19. OFFICIAL RULESFor a copy of the Official Rules mail a self-addressed stamped envelope to the address below (Residents of VT may omit return postage).
c/o Game Point Capital, LLC
P.O. Box 4500
Portland, ME 04112
20. ADDRESS; COPYRIGHT. The Promotion and all accompanying materials are copyright (c) 2018 Game Point Capital, LLC. GPC’s address is P.O. Box 4500, Portland, ME 04112.