Win a playing experience with Rory McIlroy

 

TAYLORMADE GOLF LIMITED (the “Promoter”)

PROMOTION TERMS AND CONDITIONS – OFFICIAL RULES

 

 

This document sets out the terms of participation in the Win a playing experience with Rory McIlroy Promotion (the “Promotion”). By entering this Promotion, you agree to the conditions set out below (“Official Rules”). Information on how to enter forms part of the terms and conditions of entry. Entry into the Promotion is deemed acceptance of these Official Rules.

 

 

ELIGIBILITY

 

  1. Eligible Entrants": Entry is open to residents of the UK , Republic of Ireland (ROI), France and Germany only who meet the following criteria:
    1. The entrant must be eighteen (18) years old or older as of time of entry and must have purchased a new TaylorMade Stealth, Stealth Plus or Stealth HP driver (“TaylorMade Stealth Driver”) from a participating TaylorMade retailer (the retailer must have advised you at the time of purchase that you are eligible to enter this promotion).
    2. The purchase must have occurred within the Promotion Period referred to in section 2
    3. The purchase of the Stealth Driver must be for your personal use and not purchased as part of your trade or business or with a view to reselling the Driver.

Directors, management, employees (and their immediate families) of the Promoter and its related bodies are not eligible to enter. Entry in this Promotion does not constitute entry into any other promotion or contest.

 

  1. The Promotion commences at 10.00 BST on 15 August 2022 am and closes at 23:59 BST on 17th October 2022 (Promotion Period).

 

PROMOTION ENTRY

 

  1. To enter the Promotion during the Promotion Period, you must complete all of the following steps to receive one (1) entry into the draw (based on the time and date of entry):
    1. Follow the links to the promotional entry page;
      1. For residents of the UK follow this link tmgolf.co/WinaRoundWithRory  ,
      2. residents of the ROI follow this link tmgolf.co/WinaRoundWithRoryIE
  1. residents in Germany follow this link tmgolf.co/WinaRoundWithRoryDE
  1. Complete the entry form for the Promotion on the Taylormade website by submitting the requested details: including:
    1. First name
    2. Last name
  • Valid Email Address
  1. Mobile telephone number
  2. Product purchased
  3. Date of purchase
  • Name and address of the retailer from whom you purchased the product

 

  1. By clicking the submit button you will agree these Official Rules and be entered into the Promotion.

 

  1. Upon entry, you will receive an automated ‘thanks for entering’ email to notify each entrant their submission has been received.

 

  1. You will be given an option to subscribe for future personalised information to be sent to you relating to TaylorMade goods and services, news items, offers and promotions. You do not need to tick the opt in box to enter into the Promotion. If you agree to receiving such marketing materials by ticking the opt in box you may unsubscribe at any time by contacting TaylorMade or by following the unsubscribe instructions which accompany such marketing materials.

 

  1. We will only use the information you have provided as referred to in b. above for the purposes of this Promotion, including contacting the Winners (as defined in clause 7) to obtain further information relating to the supply and delivery of the prizes.  Your information will be used in accordance with TaylorMade’s privacy policy see https://www.taylormadegolf.co.uk/shared-customer-service-customer-legal/privacy.html  Please also see section 27 to 32 below relating to the use of your information.
  2. Only one entry per person is permitted.

 

  1. Incomplete, indecipherable, illegible, or late entries will be deemed invalid and will be rejected. The Promoter (as defined in section 24) reserves the right, at its reasonable discretion, to disqualify any entry where it reasonably suspects that such entry or its contents are prohibited by these Official Rules, any relevant law, or the content is otherwise deemed inappropriate.

 

  1. The Promoter reserves the right to verify the validity of entries and the eligibility of Entrants and reserves the right to disqualify any Entrant for tampering with the entry process or for submitting an entry that is not (in the reasonable opinion of the Promoter) in accordance with these terms and conditions. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

 

  1. The Promoter is not responsible for any technical malfunction of any communications network or any lost, late, delayed, ineligible, incomplete, corrupted or misdirected entries, howsoever caused.

 


 

PRIZE DRAW

 

  1. This is a prize draw, 1 main winner (Main Winner) and up to 100 runner up winners (Runner Up Winner) (collectively called “Winners” or individually “Winner”) will be randomly selected from the pool of entries submitted during the Promotion Period . The First entry pulled from the draw will be the Winner, subsequent entries drawn will be eligible for a runner up prize and will be Runner Up Winners. Entries will be drawn on the 24th October 2022. (Draw Date).

 

THE PRIZE

 

  1. Main Prize: The Main Winner shall be entitled to the Main Prize subject to the Main Winner accepting the Main Prize in accordance with section 12.          
    The Main Prize shall be a “playing experience with Rory McIlroy”. TaylorMade shall organise for the Main Winner and a guest (selected by the Main Winner)  and the representative from the retailer who sold the Stealth Driver to the Main Winner (collectively referred to as the Winning Party) to play at least 3 holes but not more than 6 holes with Rory McIlroy at a golf course of Rory’s choice (located in either England, Scotland or Northern Ireland) (“Golf Course") and at a time that is suitable to Rory and the Main Winner. Rory will also be available to provide instruction and guidance during the warm up session on the driving range before playing. The Winning Party may then play the rest of the round of 18 holes. The Main Prize must be taken within a period of 12 months from the end of the Promotion Period otherwise it will no longer be valid.
    1. The Main Prize includes payment by the Promoter of green fees for one round of 18 holes at the Golf Course, use of the driving range before the round and all reasonable travel expenses for the Winning Party to get to the Golf Course (including where necessary flights and travel to and from the destination airport and to and from the Golf Course).
    2. The Main Prize does not include and the Winning Party must organise and pay for
      1. travel by the Winning Party from their home to any departure airport and back or where the Winning Party is resident in the same country as the Golf Course and within a reasonable distance from the Golf Course, travel to and from the Golf Course,
      2. any overnight accommodation as may be needed or as desired
  • any refreshments, meals and any beverages required (complimentary water will be provided during the experience day).
  1. Winning Party’s obligations; Each member of the Winning Party must:
    1. comply with all local rules and terms and conditions imposed by the Golf Course in relation to the use of the Golf Course and club premises (including any minimum handicap requirements and any dress code) which will be made available to the Winning Party and shall be solely responsible for any damage or injury caused to any third party by that member. Each member of the Winning Party must ensure they each take out adequate golf insurance and or travel insurance and shall each indemnify TaylorMade and the Golf Course against any losses costs and expenses incurred arising from such third party claims, and shall put right the damage; and
    2. The Main Prize must be taken on the date as agreed with the Main Winner and Rory (subject to Rory’s availability). TaylorMade may rearrange that date should for whatever reason Rory cannot attend, or if the Golf Course cannot host the event on such date for whatever reasons including but not limited to covid 19 restrictions, inclement weather or other unforeseen reasons or reasons beyond TaylorMade’s control. If such date cannot be arranged or re-arranged within 12 months from the end of the Promotion Period the Main Prize may be forfeited without compensation.
  • It will be the responsibility of each member of the Winning Party to ensure that they have valid travel documents where necessary (such as passports, visas, entry permits etc)
  1. each member of the Winning Party should bring their own golf clubs and other equipment to play a round of golf.
  2. It will be the responsibility of each member of the Winning Party to ensure that they can take such time off work or re arrange any other commitments so that they are able to attend on the date agreed to take the Main Prize. If the Main Winner cannot attend, then s/he must advise TaylorMade immediately. TaylorMade is not responsible if the Main Winner (or their Guest) cannot attend for any reason (including if they are refused entry into the country due to invalid travel documents) and in such event, the Main Winner will forfeit the Main Prize, however TaylorMade will try and reschedule, if this is not possible then TaylorMade may re-select another Main Winner for this Main Prize. The Main Winner shall not be entitled to any compensation or a cash payment in lieu of the Main Prize.
  1. Runner up prize: Each Runner Up Winner shall be entitled to 12 TaylorMade TP5 Golf balls (“Runner Up Prize”).

 

NOTIFICATION AND CLAIMING THE PRIZE

 

  1. The Main Winner and Runner Up Winners will be notified in writing (including email), within 14 days of the Draw Date, using contact details provided in their entry. If the contact details are incorrect then the Prize will be forfeited by that Winner or Runner Up Winner. The Promoter is only obliged to try and contact the Winner once.
  2. Attempts to notify potential Main Winner or Runner Up Winners will be made using email. Promoter shall have no liability for any Prize notification that is not received by a potential Main Winner or Runner Up Winners for any reason beyond the Promoters control.
  3. Winners have 7 days from notification to accept in full the Prize and to e-mail or telephone their acceptance to TaylorMade. If any potential Winner does not accept the Prize within 7 days of notification, or cannot be contacted, or declines the Prize or is unable to comply with these Official Rules, TaylorMade reserves the right in its sole discretion to offer the Prize to an alternative Winner or to declare the Prize as being forfeited and un-awarded. The provisions of this clause 12 shall apply to any alternative Prize Winner.
  4. Unless the Winner objects and informs TaylorMade that they object, TaylorMade may announce the Winner generally through its channels and upon request by any third party to inform them of the Winners surname and general area of residence. For this purpose the Winner agrees that the Promoter shall have the right to provide, announce or publish the Winners’ surname and initial and their town of residence information and use their information for related promotional and publicity purposes without compensation to the Winner.
  5. The Promoter’s decision is final and the Promoter will not enter into correspondence regarding the result.

 

FILMING

  1. As the Main Prize (see section 8 above) forms part of a TaylorMade experience day, TaylorMade, may be filming and recording the day and may use all or any part of the film footage, audio tracks and any still images or other content (Content) in its promotional material. The Entrant hereby agrees and consents to the following:
    1. By accepting the Main Prize and attending the Golf Experience with Rory McIlroy the Entrant agrees to the experience day being filmed and recorded and that they are also filmed and recorded as part of the experience day and TaylorMade using any part of the Content which may include footage audio and still images of the Main Winner, in any marketing and promotional material in whatever format and on whatever media for a period of ten (10) years following the end of the Promotion Period or such other longer period as may be agreed.
    2. TaylorMade shall have sole editorial rights to the Content and may decide what and how any such Content will be used for promotional purposes and on what media.
    3. TaylorMade shall for the purposes of any data protection laws be considered the Controller of the content they are using and the Main Winner does not object to any of TaylorMade, storing the Content and using it for marketing and promotional purposes, and sharing such Content for that purpose and the Main Winner hereby acknowledges that such purpose forms part of TaylorMade’s, legitimate interests pursued by them. TaylorMade shall hold and use any images and content related to each member of the Winner Party in accordance with clauses 27 to 32.
    4. That each member of the Winner Party shall not be entitled to any compensation or remuneration in relation to the use of the Content by TaylorMade.
    5. Each member of the Winner Party shall have no right to withdraw his consent to TaylorMade’s, using the content for promotional purposes unless such use is detrimental to any of the Winner Party and the affected member of the Winner Party advises TaylorMade and providing such evidence as may be reasonably requested of how such use is causing a detrimental effect. In such case TaylorMade, may modify the promotional material to remove the detrimental effect and may continue to use such content as modified where possible.
    6. Each member of the Winner Party, if requested will sign a waiver of image rights document or such other similar document produced by TaylorMade to cover the points referred to in this clause 13. If the guest selected by the Main Winner in accordance with clause 7 shall also be filmed and recorded as part of the experience day TaylorMade will request the guest to sign a waiver of image rights document or such other similar document produced by TaylorMade to cover the points referred to in this clause 13 and the Main Winner shall advise the guest accordingly.

 

GENERAL

 

  1. The Promoter accepts no responsibility for any tax liabilities that may arise from winning the Main Prize or Runner Up Prize.
  2. The Main Prize and any Runner Up Prize are not transferable or exchangeable and cannot be taken as cash and if for any reason whatsoever, Main Prize and any Runner Up Prize becomes unavailable, the Promoter reserves the right to substitute the Main Prize and any Runner Up Prize for another prize of the same or greater value. For the avoidance of doubt it may not be reasonably possible to substitute the Main Prize.
  3. The Promoter holds no responsibility for incorrect or insufficient details provided by the Entrant. Should an Entrant’s details change; it is the responsibility of the Entrant to provide these details to the Promoter.
  4. It is a condition of accepting the Prize that the Winner must comply with all the conditions of these Official Rules.
  5. The Main Winner and any Runner Up Winner must provide or verify their contact details to TaylorMade at the time of being notified that they are a Main Winner or Runner Up Winner.
  6. If any act, omission, event or circumstance occurs which is beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these Official Rules, the Promoter will not be liable for any failure to perform or delay in performing its obligations and the Promoter reserves the right (subject to any applicable law) to cancel, terminate or modify or suspend this Promotion.
  7. The Promoter, its related bodies corporate and their respective officers, employees, contractors and agents (Promotion Parties) will not be liable for any losses, damages, expenses, costs or personal injuries arising out of this Promotion, the promotion of this Promotion or the use of any Prize, including but not limited to any breach of these terms and conditions, contract or tort (including negligence) and any other common law, equitable or statutory remedy (Damages) whatsoever, including but not limited to direct, indirect and consequential Damages, including Damages that cannot reasonably be considered to arise naturally and in the ordinary course of things, even if those Damages were in the contemplation of the Promotion Parties. Notwithstanding the above nothing in these terms and conditions limits or excludes a Promotion Party’s liability for death or personal injury arising from its negligence and the limitations and exclusions referred to above only apply to the extent they are permissible under law. Nothing in these Official Rules affects, restricts, limits or excludes any statutory rights of a consumer.
  8. TaylorMade collects personal information about Entrants for the purpose of running this Promotion. Entrants consent to the Promoter using personal information provided in connection with this Promotion for the purposes of facilitating the conduct of the Promotion, awarding any Prizes, and gathering feedback from the Winners on the Prize after the Promotion has ended. Without limiting the foregoing Entrants' personal information provided in connection with this Promotion will be handled in accordance with the Promoter's Privacy Statement, a copy of which is available at https://www.taylormadegolf.co.uk/shared-customer-service-customer-legal/privacy.html if there is a dispute as to the identity of an Entrant, the Promoter’s decision in deciding who to award the Prize to is final.
  9. Promoter The Promoter of this Promotion is TaylorMade Golf Limited (a company registered in England under number 01424575), whose principle trading address and registered office is at TaylorMade Court, Jays Close, Viables Business Park, Basingstoke, RG22 4BS, UK – VAT number GB330426006. (Promoter or TaylorMade)

 

PROMOTION ENTITIES AND DATA PROTECTION

 

  1. Promotion Entities: The Promotion shall be run by TaylorMade. The Promoter may use third parties (Promotion Entities) to assist with the running of the Promotion. For this Promotion, the Promoter has engaged:
    1. Greenroom Digital (located in the UK and Australia) to assist with collection and management of data, entry forms, selection of the Winners, and who have created a dedicated TaylorMade web page on their site referred to in section 5b above for the entry page and terms and conditions for this promotion.
    2. Amazon Web Services (AWS) (located in Germany) Cloud Computing to offer reliable cloud storage and used to host the web page referred to above.
    3. Iterable (located in the US) as a marketing platform interface to manage marketing communications and as a marketing contact information database.
    4. mParticle (located in the US) as a customer data platform working as a centralised contact information database.
  2. Use of your information: By entering into this Promotion, the Entrant understands that their data will be shared with the above named third parties for the purposes of this Promotion. If the Entrant selects the ‘opt in’ tick box on the online entry form providing their consent to receive marketing information as specified, then their data will also be used by the Promoter and the above named third parties for such specified marketing purposes during and after the promotion. The Entrant has the right to opt out of receiving marketing communications at any time, by following the instructions set out in the marketing communications.
  3. Data Protection: TaylorMade is committed to complying with the provisions of (EU) regulation No. 2016/679 of 27 April 2016 and applicable Data Protection laws including the Data Protection Act 2018 relating to the protection of individuals regarding the processing of personal data and the free movement of personal data (the GDPR).
  4. Except as otherwise contemplated in these Rules, and to the extent Entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used for this Promotion only, and in accordance with the online privacy notice available at https://www.taylormadegolf.co.uk/shared-customer-service-customer-legal/privacy.html All personal data of the Entrant will be treated confidentially by TaylorMade (who shall also be the “Controller”) and collected, stored and processed only for the purpose of carrying out the Promotion. Except as detailed in clause 26 above in respect of sharing information with the Promotion Entities, personal data will not be transmitted to other third parties, unless with the consent of the Entrant or where legally permitted, including the requirement to disclose the Winners, their area of residence and winning Entry to the relevant regulatory body if challenged.
  5. Some processing activities may require access from or transfer of the Entrant’s personal data to and storage in countries outside the European Economic Area, such as the UK or the USA, which may not provide for the same level of data protection as is applicable in the EU. In such event, TaylorMade will make sure that appropriate safeguards are secured in advance of any transfer of personal data. These safeguards may include verifying that the recipient of the Entrant’s personal data adheres to an EU-approved adequacy mechanism to protect personal data such as entering into standard contractual clauses as issued by the European Commission that are available at https://ec.europa.eu/info/law/law-topic/data-protection_en when the European Commission has not determined that an adequate level of data protection in the relevant country is recognized by it.
  6. The Entrant’s personal data provided as part of this Promotion is not retained by TaylorMade beyond the length of time required for the Promotion and allocating the Prize. After this period, TaylorMade or a Promotion Entity on TaylorMade’s behalf may retain the Entrant’s personal data in archive for at least a 2 year retention period after the end of the Promotion to resolve any queries or disputes in relation to the Promotion and may share it with Promotion Entities for that purpose. If the Entrant has opted in to receiving marketing materials in the future then such data shall be used solely for that purpose until the Entrant opts out of receiving such information.
  7. The Entrant has at any time the right to information about their personal data stored at the Promoter and to further information concerning data processing as well as to rectification, deletion or restriction of processing. For the assertion of these rights, the Entrant may turn directly to: privacy@taylormadegolf.com
  8. The Entrant also has the right of appeal at any time to a relevant supervisory authority where the Entrant lives.
    1. For Entrants based in the UK this is the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF;
    2. For Entrants based in Republic of Ireland this is Data Protection Commission, 21 Fitzwilliam Square South Dublin 2 D02 RD28  Ireland or they can be contacted through their website at https://www.dataprotection.ie/
    3. For Entrants based in France this is CNIL, 3 Place de Fontenoy TSA 80715 75334 PARIS CEDEX 07 France or they can be contacted through their website at https://www.cnil.fr/fr/cnil-direct/question/adresser-une-reclamation-plainte-la-cnil-quelles-conditions-et-comment. ]
    4. For entrants based in Germany this is the competent authority being the local supervisory authority (Landesdatenschutzbehörde) of the respective state where they live

 

  1. GOVERNING LAW/JURISDICTION: This Promotion is governed by the laws of England and Wales. The statutory provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the Entrant as a consumer is domiciled remain unaffected. For the purposes of any disputes hereunder the English courts shall have nonexclusive jurisdiction. The right of the Entrant who is a consumer to bring proceedings against the Promoter and/or the Promotion Entities in the courts located at the place where the Entrant is domiciled remains unaffected.

 

  1. WINNERS LIST/OFFICIAL RULESTo obtain any legally-required Winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send between 24th October and 30th November in a self-addressed envelope with the proper postage affixed to:

 

TaylorMade Golf Limited

Taylormade Court, Jays Close, Viables Industrial Estate, Basingstoke, Hampshire RG22 4BS, UK

Attn: Graeme Morton

 

Please specify "Winners List" or "Official Rules" and reference to “Win a playing experience with Rory McIlroy” in your request as appropriate.