- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
- VOID WHERE PROHIBITED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE PROMOTION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE PROMOTION PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The USGA Fantasy Flip Presented By Ally (“Promotion”) is open to anyone with a “USGA Profile” (as defined below), however, you must be a legal resident of one (1) of the fifty (50) United States or the District of Columbia, and at least eighteen (18) years of age or older at the time of entry, to qualify for a prize. Employees, officers and directors of United States Golf Association (“Sponsor” or “USGA”), Realtime Media LLC (“Administrator”), Ally Financial, Inc., Oakmont Country Club, Erin Hills, The Broadmoor, San Diego Country Club, and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively, the “Promotion Parties”), their immediate family members (regardless of where they live) and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Promotion or win a prize. For purposes of this Promotion, immediate family members are defined as spouse, partner, parents, step-parents, legal guardians, in-laws, grandparents, siblings, step-siblings, children, step-children, and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void where prohibited by law, rule or regulation. By participating in the Promotion, you unconditionally accept and agree to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules, administration of the Promotion, selection of the winners, and Sponsor’s exercise of discretion, which will be final, non-appealable, and binding in all respects.
2. TIMING: The Promotion begins at or about 9:00 a.m. Eastern Time (“ET”) on May 23, 2024 and ends at 11:59:59 a.m. ET on August 18, 2024 (“Promotion Period’). The Promotion Period is comprised of eight (8) separate championship periods, which coincide with USGA championship play (each, a “Championship Period”), which is scheduled to occur as set forth below, plus a “Season Long” Championship Period that spans the entire Promotion Period:
Championship Period |
Associated Championship Name |
Start Date (at 9:00 a.m. ET) |
End Date (at 11:59:59 a.m. ET) |
Scoring Period* |
1 |
U.S. Women’s Open Presented By Ally |
May 23, 2024 |
June 2, 2024 |
May 30 – June 2, 2024 |
2 |
U.S. Open Championship |
June 6, 2024 |
June 16, 2024 |
June 13 – 16, 2024 |
3 |
U.S. Senior Open Championship |
June 20, 2024 |
June 30, 2024 |
June 27 – 30, 2024 |
4 |
U.S. Senior Women’s Open Championship |
July 25, 2024 |
August 4, 2024 |
August 1 – 4, 2024 |
5 |
U.S. Girls’ Junior Championship |
July 8, 2024 |
July 20, 2024 |
July 17 – 20, 2024 |
6 |
U.S. Junior Amateur Championship |
July 15, 2024 |
July 27, 2024 |
July 24 – 27, 2024 |
7 |
U.S. Women’s Amateur |
July 29, 2024 |
August 11, 2024 |
August 7 – 11, 2024 |
8 |
U.S. Amateur |
August 5, 2024 |
August 18, 2024 |
August 14 – 18, 2024 |
* Note: actual USGA championship play times may vary due to weather delays and/or other unforeseen circumstances which may disrupt or delay USGA championship play. Sponsor reserves the right, in its sole discretion, to adjust the Scoring Period due to any such delay or disruption. Sponsor will operate in the spirit of the Promotion and the Scoring Period will occur during USGA championship play and a final score calculated at the end of official USGA championship play, if those dates vary from what is published above.
Non-winning entries submitted in a Championship Period do not carry forward to subsequent Championship Periods, with the exception of the Season Long Championship Period. All collective entries across Championship Periods will be included in the Season Long Championship Period. You may participate in as many Championship Periods as you wish, subject to the limits set forth below, and you must enter each Championship Period separately. You are automatically entered in to participating in the Season Long prize pool by participating in at least one (1) Championship Period. The designated computer clock of the Sponsor is the official time-keeping device in the Promotion.
3. HOW TO PARTICIPATE: To participate in this Promotion, as further described below, you will need a computer or a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, you will need to download the free USGA application (the “App”) from the mobile device’s app store or visit www.usopen.com (the “Website”) and sign-up for a USGA account (“USGA Profile”) if you do not already have one. Creating a USGA Profile is free. By submitting your information and creating a USGA Profile, you will be required to agree to the USGA terms of service and privacy policy. If you do not agree to the USGA’s terms of service and privacy notice, you cannot create a USGA Profile or participate in this Promotion.
During a Championship Period, log in to your USGA Profile on the Website or App, and click on the link to access “Fantasy Flip”. Follow the on-screen prompts to create a username and agree to these Official Rules. Once submitted, click to reveal a randomly-selected pack of three (3) cards, each representing either: (i) for professional championships, a player slated to participate in the Championship Period’s associated championship, or (ii) for amateur championships, a possible in-play scenario or outcome (ex. a hole in one). If the Scoring Period for the associated Championship Period has not started, yet, according to the chart above, you will have the option to “flip”, or trade, a card for a different, randomly-selected card once. Then, click to “save” your team (the “Team”). If the Scoring Period for the applicable Championship Period has begun, as set forth in the chart above, you will not have the option to flip, and your Team will be the initial pack of cards. In the event a player withdraws from the applicable Championship prior to 12:00 a.m. ET on the first day of the Scoring Period, any participant with that player included in their Team will be randomly assigned a new player by the Sponsor. In the event a player withdraws after 12:00 a.m. ET on the first day of the Scoring Period, a new player will not be assigned. Note: available players in a Championship Period will be limited and are determined by Sponsor in its sole and absolute discretion. Player cards will not include every player in the field. Each card will be unique; however, a participant may receive the same Team as another participant.
Limit of one (1) registration per person/USGA Profile during the Promotion Period, and one (1) Team per Championship Period. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of entries is the sole responsibility of the entrant.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the registered account holder of the email address associated with the USGA Profile, provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries.
4. DETERMINING THE WINNERS: Throughout the Scoring Period for the applicable Championship Period, your Team’s performance in the championship will be scored according to the points system set forth at https://www.usga.org/content/usga/home-page/championships/2024/fantasy-flip-official-rules/scoring.html.
The top-scoring team or entrant scores will be posted in a leaderboard on the Website and App throughout the Promotion Period. Participants who saved their Team after the applicable Scoring Period has begun will be awarded points retroactively.
At the end of the Championship’s Scoring Period, the entrant with the Team with the highest score will be deemed the potential first prize winner, the entrant with the Team with the second-highest score will be deemed the potential second prize winner, and the entrant with the Team with the third-highest score will be deemed the potential third prize winner for that Championship Period.
At the end of the Season Long Championship Period, the entrant with the highest overall combined scores from all Teams across all Championship Periods will be deemed the potential Season Long first prize winner, the entrant with the second-highest overall combined scores from all Teams across all Championship Periods will be deemed the potential Season Long second prize winner, and the entrant with the third-highest overall combined scores from all Teams across all Championship Periods will be deemed the potential Season Long third prize winner.
In the event of a tie for any Championship Period, the entrant who locked his/her Team in first, according to Sponsor’s time stamp, will be deemed the potential winner. In the event of a tie for the Season Long Championship Period, the entrant who locked in his/her first Team first, according to Sponsor’s time stamp, will be deemed the potential winner. Sponsor reserves the right not to award all prizes or to choose fewer than the stated number of winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Sponsor is not responsible if any championship play is suspended, rescheduled, or canceled for any reason. Prize awards are subject to verification of eligibility and compliance with these Official Rules.
5. WINNER NOTIFICATION: The potential prize winners will be notified using the information associated with their USGA Accounts (method to be selected by Sponsor in its sole discretion) in a commercially reasonable time after selection of winners. The Promotion Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an email. As part of the winner notification process, each potential winner will be required to complete and submit a prize redemption form (“Redemption Form”), and for any potential winner of a prize valued at $600 or more, will be required to complete and submit a declaration of eligibility/release of liability/prize acceptance agreement (“Declaration”), within ten (10) days of date of notification, as a condition of receiving a prize. If any potential prize winner fails or refuses to sign and return the Redemption Form and/or the Declaration within the required time period or if the Redemption Form and/or Declaration is returned as rejected, faulty, unclaimed or returned as undeliverable to potential winner, and/or the potential winner is otherwise noncompliant, the potential winner will be disqualified and an alternate will be selected, determined by the entrant with the next-highest Team score for the applicable Championship Period. P.O. Boxes are not permitted. The Promotion Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages. A potential winner becomes a “winner” only after verification of eligibility by Sponsor.
Parents or legal guardians of a winner of any prize valued at or above $600 who is under the age of majority in their state/jurisdiction of residence (which is eighteen [18] in most states but is nineteen [19] in Alabama and Nebraska and twenty-one [21] in Mississippi) may be required to also sign the Declaration in order for the winner to be qualified to receive his or her prize.
If any potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner may be selected from among all remaining entries repeating the process identified above. No more than the stated number of prizes will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winner(s) of the advertised number of prizes available may be selected by reviewing the Team score of all persons making purportedly valid claims for such prize(s). Inclusion in such process shall be each entrant’s sole and exclusive remedy under such circumstances. The Promotion Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners.
6. PRIZES/PRIZE RESTRICTIONS: The prizes to be awarded in this Promotion are as follows:
U.S. Women’s Open Presented By Ally Championship Period
· One (1) First Prize: Two (2) Weekly Gallery Tickets – for use by winner and one (1) guest – to the 2025 U.S. Women’s Open, and one (1) $500 USGA Shop eGift Card. Approximate Retail Value (“ARV”): $800.
· One (1) Second Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Third Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
Total ARV of all prizes available in the U.S. Women’s Open Presented By Ally Championship Period: $1,550.
U.S. Open Championship Period
· One (1) First Prize: Two (2) Weekly Gallery Tickets – for use by winner and one (1) guest – to the 2025 U.S. Open, and one (1) $500 USGA Shop eGift Card. ARV: $2,100.
· One (1) Second Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Third Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
Total ARV of all prizes available in the U.S. Open Championship Period: $2,850
U.S. Senior Open Championship Period
· One (1) First Prize: Two (2) Weekly Gallery Tickets – for use by winner and one (1) guest – to the 2025 U.S. Senior Open, and one (1) $500 USGA Shop eGift Card. ARV: $850.
· One (1) Second Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Third Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
Total ARV of all prizes available in the U.S. Senior Open Championship Period: $1,600.
U.S. Senior Women’s Open Championship Period
· One (1) First Prize: Two (2) Weekly Gallery Tickets – for use by winner and one (1) guest – to the 2025 U.S. Senior Women’s Open, and one (1) $500 USGA Shop eGift Card. ARV: $700.
· One (1) Second Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Third Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
Total ARV of all prizes available in the U.S. Senior Open Championship Period: $1,450.
U.S. Girls’ Junior Championship Period
· One (1) First Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Second Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
· One (1) Third Prize: One (1) $100 USGA Shop eGift Card. ARV: $100.
Total ARV of all prizes available in the U.S. Girls’ Junior Championship Period: $850.
U.S. Junior Amateur Championship Period
· One (1) First Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Second Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
· One (1) Third Prize: One (1) $100 USGA Shop eGift Card. ARV: $100.
Total ARV of all prizes available in the U.S. Girls’ Junior Championship Period: $850.
U.S. Women’s Amateur Championship Period
· One (1) First Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Second Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
· One (1) Third Prize: One (1) $100 USGA Shop eGift Card. ARV: $100.
Total ARV of all prizes available in the U.S. Women’s Amateur Championship Period: $850.
U.S. Amateur Championship Period
· One (1) First Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Second Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
· One (1) Third Prize: One (1) $100 USGA Shop Gift eCard. ARV: $100.
Total ARV of all prizes available in the U.S. Amateur Championship Period: $850.
Season Long Championship Period
· One (1) First Prize: Two (2) Weekly Trophy Club Tickets – for use by winner and one (1) guest – to the 2025 U.S. Open, $4,500 made payable to winner that may be used for travel expenses, and one (1) $500 USGA Shop eGift Card. Approximate Retail Value (“ARV”): $8,000.
· One (1) Second Prize: One (1) $500 USGA Shop eGift Card. ARV: $500.
· One (1) Third Prize: One (1) $250 USGA Shop eGift Card. ARV: $250.
Total ARV of all prizes available in the Season Long Championship Period: $8,750.
The total ARV of all prizes available in the Promotion is $19,600.
Prizes are non-transferable, with no cash redemptions, equivalents, or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and are subject to prize provider’s rules and restrictions. In the event that Sponsor is unable to provide a prize or prize component, the Sponsor may elect to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. Prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes received, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor as of the time these Official Rules are printed and may fluctuate. The value of any prize valued at $600 or more awarded to a winner will be reported for tax purposes as required by law. The winners of such prize will be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of winners for the actual value of the prizes received. Any unclaimed prize will be forfeited. Prizes, if legitimately claimed, will be awarded. The Promotion Parties are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Promotion Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated number of prizes will be awarded. The Promotion Parties are not responsible for, and winner will not receive the difference, if any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material. Limit of one (1) prize per person per Championship Period. Sponsor will attempt to fulfill all properly-claimed prizes within approximately four (4) to six (6) weeks after winner verification.
Except as otherwise set forth herein, travel, transportation, parking, lodging, meals, and any and all other costs or expenses not expressly set forth in these Official Rules are not included in any prize. Winners are responsible for all gratuities, transportation, lodging, and any other incidental costs or expenses not identified in these Official Rules. Winners of event tickets and their guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
If, for whatever reason, any event associated with a prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled event. The tickets to the event are subject in all respect to the terms and conditions set forth on the tickets and any requirements of the facility hosting the event. Seat locations (if applicable) will be determined by Sponsor. Each winner is strictly prohibited from selling, auctioning, trading or otherwise transferring the tickets unless Sponsor consents in writing. In the event a winner and/or their guest engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the applicable experience early. Decisions regarding the conduct of the winners and guests in all aspects of their participation in the prize event/activity will be in the sole discretion of Sponsor, and any of Sponsor’s representatives and final and binding in all respects. Winners and guests may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If a winner or guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal.
7. GENERAL: Subject to applicable law, each winner hereby expressly grants to the Promotion Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prizes to the winners. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Promotion by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Promotion or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Promotion should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Promotion; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Promotion; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
8. CONDUCT: The Promotion Parties are not responsible for the actions of entrants in connection with the Promotion, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. The Promotion Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
9. WAIVERS AND DISCLAIMERS: The Promotion Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Teams, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries, Teams or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or any website or any combination thereof or for 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 Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible entries received for the Promotion up to the time of such action.
10. RELEASES: All entrants, as a condition of participation in this Promotion, agree to release, discharge, indemnify and hold harmless and indemnify the Promotion Parties and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Promotion (including travel to/from any Promotion activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) entrant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Promotion activity and/or prize.
11. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will be governed by and construed in accordance with the internal laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
12. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of New Jersey, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in the State of New Jersey. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of New Jersey. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
13. ENTRY INFORMATION AND PROMOTION COMMUNICATIONS: As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion Winner’s list. By participating in the Promotion, entrant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://www.usga.org/content/usga/home-page/usga-privacy-policy.html.html. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
14. NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any or to otherwise exploit any entrant’s Team or score or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entrant’s Team or score for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
15. DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Promotion, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Promotion. Sponsor cannot accurately predict the number of entrants who will participate in the Promotion.
16. FURTHER DOCUMENTATION: If Sponsor desires to secure additional assignments, certificates of engagement for the Teams or scores or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Official Rules, then entrant agrees to sign the documents upon Sponsor’s request.
17. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Declaration will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Declaration is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
18. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by October 18, 2024 to: USGA Fantasy Flip Presented By Ally - Winners List Request, c/o Realtime Media, 1001 Conshohocken State Road, Suite 2–100, West Conshohocken, PA 19428.
19. SPONSOR: United States Golf Association, 77 Liberty Corner Road, Liberty Corner, NJ 07938. Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion.
20. ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, Suite 2–100,
West Conshohocken, PA 19428; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf.