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World Golf
Tour Presents PGA.com Charity Challenge
Official Rules
1. NO PURCHASE NECESSARY.
2. PURCHASING WILL NOT IMPROVE YOUR CHANCES OF WINNING. ONLINE PROMOTION BEGINS AT
12:00 AM PACIFIC STANDARD TIME ON OCTOBER 1, 2008 AND ENDS AT 11:59 PM PACIFIC STANDARD
TIME ON OCTOBER 31, 2008.
3. TO ENTER SWEEPSTAKES: DURING THE PROMOTION PERIOD, THERE WILL BE TWO (2) SWEEPSTAKES;
THE NEW PLAYER SWEEPSTAKES AND THE ROUND OF GOLF SWEEPSTAKES. NEW PLAYER SWEEPSTAKES: GO
TO WWW.WORLDGOLFTOUR.COM AND FOLLOW THE LINKS AND INSTRUCTIONS TO REGISTER AS A PLAYER ON
THE WORLD GOLF TOUR SITE. ONCE YOUR EMAIL ADDRESS HAS BEEN VERIFIED YOU WILL AUTOMATICALLY
BE ENTERED INTO THE NEW PLAYER DRAWING. ROUND OF GOLF SWEEPSTAKES: REGISTERED PLAYERS
HAVING ACTIVE ACCOUNTS AT WWW.WORLDGOLFTOUR.COM AND WHO SUCCESSFULLY COMPLETE A ROUND OF
NINE HOLES ON SAID SITE WILL BE AUTOMATICALLY ENTERED INTO THE ROUND OF GOLF SWEEPSTAKES.
ALL ENTRIES MUST BE RECEIVED BY 11:59 PM PACIFIC STANDARD TIME, OCTOBER 31, 2008. LIMIT ONE
ENTRY PER PERSON PER HOUSEHOLD PER SWEEPSTAKES. THE NEW PLAYER SWEEPSTAKES IS OPEN TO
INDIVIDUALS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY, WHO REGISTER
AS A NEW PLAYER DURING THE PROMOTION PERIOD, HAVE INTERNET ACCESS AS OF THE DATE OF ENTRY AND
ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. THE ROUND OF GOLF
SWEEPSTAKES IS OPEN TO INDIVIDUALS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE
DATE OF ENTRY, HAVE ACTIVE REGISTERED ACCOUNTS WITH WORLD GOLF TOUR, HAVE INTERNET ACCESS
AS OF THE DATE OF ENTRY AND ARE LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT
OF COLUMBIA. THIS PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND THE DISTRICT
OF COLUMBIA (THE "ELIGIBILITY AREA") ONLY. DO NOT PROCEED FURTHER IN THIS SITE OR THESE
MATERIALS IF YOU ARE NOT LOCATED IN THE ELIGIBILITY AREA.
4. SWEEPSTAKES SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. VOID IN PUERTO
RICO AND WHERE PROHIBITED.
5. SPONSOR OF THIS SWEEPSTAKES IS WORLD GOLF TOUR, INC. EMPLOYEES OF SPONSOR AND ITS
ADVERTISING AGENCIES, SUBSIDIARIES, AFFILIATES, AND/OR PROMOTIONAL PARTNERS AND MEMBERS
OF THEIR IMMEDIATE FAMILIES TOGETHER WITH WHOM SUCH EMPLOYEES ARE DOMICILED ARE NOT
ELIGIBLE TO ENTER OR WIN.
6. NEW PLAYER SWEEPSTAKES: TEN (10) WINNERS WILL BE RANDOMLY DRAWN FROM THE POOL OF
ELIGIBLE ENTRIES. DRAWING WILL BE HELD ON OR ABOUT NOVEMBER 15, 2008 AT 160 SANSOME
ST. SAN FRANCISCO, CA. WINNERS WILL RECEIVE ONE (1) ADIDAS POLO SHIRT (ARV $60) AND
ONE (1) SLEEVE OF TAYLORMADE TP RED GOLF BALLS (ARV $10). ROUND OF GOLF SWEEPSTAKES:
ONE (1) WINNER WILL BE RANDOMLY DRAWN FROM THE POOL OF ELIGIBLE ENTRIES. DRAWING WILL
BE HELD ON OR ABOUT NOVEMBER 15, 2008 AT 160 SANSOME ST. SAN FRANCISCO, CA. WINNER
WILL RECEIVE ONE (1) NEW BURNER DRIVER FROM TAYLORMADE (ARV $299). APPROXIMATE RETAIL
VALUE OF ALL PRIZES $999. IF THE WINNER IS NOT OF THE AGE OF MAJORITY IN THE STATE OF
THE WINNER’S RESIDENCE, THEN THE WINNER’S PARENT OR LEGAL GUARDIAN MUST SIGN AN AFFIDAVIT
AND ALL RELEASES ON WINNER’S BEHALF.
7. THE ODDS OF WINNING A PRIZE DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING
THE PROMOTION PERIOD.
8. WINNERS WILL BE NOTIFIED BY EMAIL. IF A WINNER DOES NOT RESPOND WITHIN 14 DAYS OF
THE DATE APPEARING ON THE PRIZE NOTIFICATION, OR FAILS TO COMPLY WITH THE INSTRUCTIONS
CONTAINED IN THE PRIZE NOTIFICATION WITHIN THAT TIME PERIOD, SPONSOR RESERVES THE RIGHT
TO RANDOMLY CHOOSE AN ALTERNATE WINNER FROM THE POOL OF REMAINING ELIGIBLE ENTRIES.
RETURN OF ANY PRIZE NOTIFICATION AS UNDELIVERABLE WILL RESULT IN DISQUALIFICATION AND
SELECTION OF AN ALTERNATE WINNER. IN THE EVENT OF A DISPUTE CONCERNING THE IDENTITY OF
THE PERSON SUBMITTING AN ENTRY ONLINE, THE ENTRY WILL BE DEEMED TO BE SUBMITTED BY THE
PERSON IN WHOSE NAME THE EMAIL ACCOUNT IS REGISTERED. WINNER MAY BE REQUIRED TO PROVIDE
EVIDENCE OF IDENTITY IN CONNECTION WITH CLAIMING THE PRIZE.
9. ENTRIES THAT ARE LOST, LATE, MISDIRECTED, GARBLED, INCOMPLETELY RECEIVED, MUTILATED,
OR ILLEGIBLE, FOR ANY REASON, INCLUDING BY REASON OF HARDWARE, SOFTWARE, BROWSER OR NETWORK
FAILURE, MALFUNCTION, CONGESTION OR INCOMPATIBILITY AT SPONSOR’S WEBSITE OR ELSEWHERE,
WILL NOT BE ELIGIBLE AND SPONSOR IS NOT RESPONSIBLE FOR ANY TECHNICAL PROBLEMS RELATED TO
ONLINE ENTRIES. PROOF OF SENDING WILL NOT BE DEEMED TO BE PROOF OF RECEIPT BY SPONSOR.
SPONSOR RESERVES THE RIGHT TO MODIFY, SUSPEND OR TERMINATE THIS SWEEPSTAKES IN THE EVENT
THAT IT BECOMES INFECTED BY A COMPUTER VIRUS OR IS OTHERWISE TECHNICALLY IMPAIRED OR IF
THE SWEEPSTAKES CANNOT BE CONDUCTED AS PLANNED BY CAUSES BEYOND THE CONTROL OF THE
SPONSOR. IN THE EVENT OF EARLY TERMINATION, WINNERS WILL BE RANDOMLY SELECTED FORM ALL
ELIGIBLE ENTRIES RECEIVED AT THE TIME OF TERMINATION.
10. INCOME AND OTHER TAXES, IF ANY, ON THE VALUE OF THE PRIZE ARE THE SOLE RESPONSIBILITY
OF THE WINNERS.
11. ACCEPTANCE OF PRIZE CONSTITUTES CONSENT AND AGREEMENT TO USE WINNER’S NAME AND LIKENESS
FOR EDITORIAL, ADVERTISING AND PUBLICITY PURPOSES, WITHOUT FURTHER COMPENSATION, EXCEPT WHERE
PROHIBITED. BY ENTERING AND/OR BY ACCEPTING A PRIZE, YOU AGREE TO RELEASE SPONSORS, THEIR
AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY
ARISING OUT OF YOUR PARTICIPATION IN THIS SWEEPSTAKES WITH RESPECT TO THE AWARDING, RECEIPT,
USE AND/OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND
PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY.
12. EACH WINNER MAY BE REQUIRED TO SIGN AN AFFIDAVIT OF ELIGIBILITY, A PUBLICITY RELEASE
(WHERE PERMITTED BY LAW), AND A LIABILITY RELEASE WHICH MUST BE SIGNED AND RETURNED WITHIN
14 DAYS OF THE DATE ON THE PRIZE NOTIFICATION OR PRIZE WILL BE FORFEITED AND AN ALTERNATE
WINNER WILL BE CHOSEN. BY ENTERING AND/OR BY ACCEPTING THE PRIZE, YOU AGREE (WHERE PERMITTED
BY LAW) TO HAVE YOUR NAME LISTED ON THE WORLD GOLF TOUR, INC. WEB SITE.
13. NO SUBSTITUTION OF PRIZE, INCLUDING CASH SUBSTITUTIONS, EXCEPT BY SPONSOR IN WHICH CASE
A PRIZE OF GREATER OR EQUAL VALUE WILL BE SUBSTITUTED. PRIZE IS NOT TRANSFERABLE.
14. YOU AGREE THAT YOU SHALL NOT UPLOAD, POST OR TRANSMIT ANY MATERIALS WHICH CONTAIN ANY
COMPUTER VIRUSES, EASTER EGGS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENT OR PROGRAMMING
ROUTINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT
OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
15. SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY ENTRANT FOUND TAMPERING WITH THE ENTRY PROCESS
OR WITH THE OPERATION OF THE SWEEPSTAKES OR WHO VIOLATES THESE OFFICIAL RULES. CAUTION: ANY
ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION
OF SUCH ENTRANT. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES
AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE
LAW, INCLUDING CRIMINAL PROSECUTION.
16. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE ACKNOWLEDGED OR RETURNED.
SPONSOR IS NOT LIABLE FOR LOST, STOLEN, MISDIRECTED, OR LATE ENTRIES.
17. THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES WITH VENUE IN SAN FRANCISCO
COUNTY IN THE STATE OF CALIFORNIA.
18. BY ENTERING, YOU GIVE YOUR EXPRESS PERMISSION TO BE CONTACTED BY SPONSOR BY E-MAIL AND
YOU AGREE TO BE BOUND BY THESE RULES AND SPONSOR’S DECISIONS, WHICH ARE FINAL AND BINDING
IN ALL MATTERS RELATED TO THE SWEEPSTAKES. WINNING A PRIZE IS CONTINGENT UPON FULFILLING
ALL REQUIREMENTS SET FORTH HEREIN. ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED
TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS PROMOTION
BUT IN NO EVENT ATTORNEYS’ FEES; AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE,
INCIDENTAL, AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET
EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
19. FOR A WINNER’S LIST, SEND A STAMPED, SELF-ADDRESSED ENVELOPE AFTER NOVEMBER 15, 2008
TO: WORLD GOLF TOUR, INC. 160 SANSOME ST. 2ND FLOOR, SAN FRANCISCO, CA. 94104. VERMONT
RESIDENTS MAY OMIT RETURN POSTAGE.
20. INFORMATION COLLECTED FROM ENTRANTS IS SUBJECT TO WORLD GOLF TOUR INC.’S SECURITY AND
PRIVACY POLICY AVAILABLE AT WWW.WORLDGOLFTOUR.COM.
21. THE SPONSOR: WORLD GOLF TOUR, INC. LOCATED AT 160 SANSOME ST. 2ND FLOOR, SAN FRANCISCO,
CA 94104.
Privacy Policy
Thank you for visiting World Golf Tour’s ("World Golf Tour") Internet web site ("Site") located at
the URL www.worldgolftour.com. This Privacy Policy details certain policies implemented throughout
World Golf Tour governing World Golf Tour’s use of personally identifiable information about users of
our Site and our services provided via this Site and through your use of World Golf Tour’s services.
Privacy Policy Updates
Due to the Internet’s rapidly evolving nature, World Golf Tour may need to update this Privacy Policy
from time to time. If so, World Golf Tour will post its updated Privacy Policy on our Site located at
www.worldgolftour.com so you are always aware of what personally identifiable information we may
collect and how we may use this information. World Golf Tour encourages you to review this Privacy
Policy regularly for any changes. Your continued use of this Site and/or continued provision of personally
identifiable information to us will be subject to the terms of the then-current Privacy Policy.
Information Collection and Use
You can generally visit our Site without revealing any personally identifiable information about yourself.
However, in certain sections of this Site, we may invite you to register to use our services and enter
a contest, contact us with questions or comments and request information. Due to the nature of some of
these activities, we may collect personally identifiable information including your contact information
such as your email address, username, password, player name, zip code, country, age and gender. We may
use your personally identifiable information to contact you to provide you with the services for which
you have registered, enter you in contests for which you have registered, for internal marketing purposes
and to improve our products and services. If you use World Golf Tour’s "tell a friend" or "send replay"
features, we may ask you to submit your friend’s email address and we will only use such email address to
send the requested information or replay.
If you have won a contest, we will collect your first and last name, address, shipping address, tax
identification number, date of birth, and identity verification. We will use such information to complete
the prize fulfillment and comply with tax regulations.
Children’s Privacy
World Golf Tour recognizes the privacy interests of children and we encourage parents and guardians to
take an active role in their children’s online activities and interests. This Site is not intended for
children under the age of 18. World Golf Tour does not target its services or this Site to children under
18. World Golf Tour does not knowingly collect personally identifiable information from children under
the age of 18.
Aggregate Information
The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site,
pages visited per use, browser type, IP addresses, exit page, duration of use, operating system type, and we
may analyze this data for trends and statistics in the aggregate, but such information will be maintained,
used and disclosed in aggregate form only and it will not contain personally identifiable information. We
may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather
broad demographic information for use and disclosure in aggregate form.
Cookies
We may use small text files called cookies to improve overall Site experience. A cookie is a piece of data
stored on the user’s hard drive containing information about the user. Cookies generally do not permit us
to personally identify you.
Disclosure and Opt-In
If you are a contest winner, we may provide your name to other users of our Site if they request a list of winners
of a contest. We may disclose your personally identifiable information to our third party service providers that
assist us in providing services to you (such as our third party co-location provider or contest administrator). The
service providers will be obligated to use your personally identifiable information only to provide the services to
us. When legally required or at World Golf Tour’s discretion, World Golf Tour will cooperate with law enforcement
agencies in any investigation of suspicious or alleged illegal activity on this Site or on the Internet. We will
not sell your personally identifiable information to any company or organization except we may transfer your personally
identifiable information to a successor entity upon a merger, consolidation or other corporate reorganization in
which World Golf Tour participates or to a purchaser of all or substantially all of World Golf Tour’s assets to
which this Site relates.
Only if you have expressly agreed to allow us to provide your personally identifiable information to our contest
sponsors by clicking on the "Opt-In" button and opting-in, will we provide your personally identifiable information
to such partners and sponsors for their marketing use. You have the choice of whether or not you would like us to
provide your personally identifiable information to such third party contest sponsors. If you do not want your
information shared, you can choose not to allow the transfer of information to such third party contest sponsors
by not opting-in and not providing any information. Their use of your personally identifiable information will be
subject to their privacy policies and terms of use and they may contact you with marketing messages. Please be
aware that we cannot control the activities of third parties to whom we provide your personally identifiable information
and as such, as cannot guarantee that they adhere to the same privacy and security procedures as World Golf Tour.
Security
We may employ procedural and technological security measures that are reasonably designed to help protect your
personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. World
Golf Tour may use password protection, encryption and other security measures to help prevent unauthorized access
to your personally identifiable information.
Questions
If you have any questions regarding this Privacy Policy please contact us via email at: members@worldgolftour.com.
This Privacy Policy was last updated: May 15, 2007
This Privacy Policy is effective as of: May 15, 2007
Online Terms of Use
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE
ON THE WORLD WIDE WEB (THE "SITE") OF WORLD GOLF TOUR, INC. ("WORLD GOLF TOUR") AND
ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS
OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF
THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET
FORTH BELOW. WORLD GOLF TOUR RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME
AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE
TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR
CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS SITE AND BY USING THIS SITE, YOU
REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE.
General Use Restrictions
All information, documents, products, software, games and services provided on this
Site, including trademarks, logos, graphics and images that are not Submissions
(as defined below) (the "Materials") are provided to you by WORLD GOLF TOUR or WORLD
GOLF TOUR’s licensors or partner entities, as applicable.
WORLD GOLF TOUR grants you the limited right to display the Materials only on your
personal computer, and to copy and download the Materials displayed on this Site,
provided that: (1) both the WORLD GOLF TOUR copyright notice (set forth below) and
this permission notice appear in the Materials so displayed, copied or downloaded,
(2) such display, copy or download is solely for your personal or internal
informational use (that is, not distributed or otherwise transmitted outside of
your home or company, or otherwise broadcast in any media). You acknowledge and
agree that you have no right to modify, edit, alter or enhance any of the
Materials in any manner. A subcategory of the Materials is software ("Game
Software") and in addition to the license grant set forth above in this section,
WORLD GOLF TOUR grants you the limited right to access and cache the Game
Software solely for your noncommercial use in connection with your participation
in the Site. These limited license terminates automatically, without notice to
you, if you breach any of these Terms. Upon termination of this limited license,
you agree to immediately destroy any electronic or printed Materials.
Except as stated herein, you acknowledge that you have no right, title or interest
in or to the Materials on any legal basis, without the advance written authorization
of WORLD GOLF TOUR. You agree that you shall not, under any circumstances: (i) exploit
the games or any of its parts, including without limitation the Game Software, for any
commercial purpose, including without limitation use at a cyber cafe, computer gaming
center or any other location-based site without the express written consent of WORLD
GOLF TOUR; or (ii) host, provide or develop matchmaking services for the game or
intercept, emulate or redirect the communication protocols used by WORLD GOLF TOUR in
any way, including without limitation through protocol emulation, tunneling, packet
sniffing, modifying or adding components to the game, use of a utility program or any
other techniques now known or hereafter developed, for any purpose, including without
limitation unauthorized network play over the Internet, network play utilizing
commercial or non-commercial gaming networks, or as part of content aggregation
networks.
Party Content
Third parties may provide certain information and content to WORLD GOLF TOUR
("Third Party Content"). The Third Party Content is, in each case, the copyrighted
work of the creator/licensor, and may be subject to terms of use and/or privacy
policies of such third parties. Please contact the appropriate third party for
further information regarding such terms. WORLD GOLF TOUR DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT.
No Framing
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror"
any Materials on this Site on any other server or Internet-based device without
the advance written authorization of WORLD GOLF TOUR or its licensors,
respectively.
Links To Third Party Sites
This Site may provide links to other Web sites or resources over which WORLD GOLF
TOUR does not have control ("External Web sites"). Such links do not constitute
an endorsement by WORLD GOLF TOUR of those External Web sites. You acknowledge
that WORLD GOLF TOUR is providing these links to you only as a convenience, and
further agree that WORLD GOLF TOUR is not responsible for the content of such
External Web sites. Your use of External Web sites is subject to the terms of
use and privacy policies located on the linked to External Web sites.
Privacy Policy
Your use of the Site is governed by the WORLD GOLF TOUR Privacy Policy that is
available at www.worldgolftour.com/privacypolicy.asp (the "Privacy Policy").
Contest Rules
If you are entering a contest, your entry in the contest is subject to the contest
rules that are available at www.worldgolftour.com/current_contest_rules.asp
Password Restricted Areas of the Site and Usernames
You agree to provide true, accurate, current and complete information about yourself
as prompted by a registration form to obtain a password for any Restricted Areas
(as defined below). Certain areas of the Site may be password-restricted to
authorized users that become members ("Restricted Areas"). If you are an authorized
member of the Restricted Areas, you are responsible for maintaining the confidentiality
of your password and account, and agree to notify WORLD GOLF TOUR if your password is
lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been
compromised. You are responsible for activities that occur under your account. You
agree to immediately notify WORLD GOLF TOUR of any unauthorized use of your account
or any other breach of security in relation to the Site known to you.
Each user will either select a username or allow WORLD GOLF TOUR to automatically
select a username at random. Additionally, users may form "teams" and such teams
will be required to choose a team name. When you choose a username, team name or
otherwise create a label that can be seen by other players using the games, you
must abide by the following guidelines as well as the rules of common decency. If
WORLD GOLF TOUR finds such a label to be offensive or improper, it may, in its sole
and absolute discretion, change the name, remove the label and corresponding chat
room, and/or suspend or terminate your use of the games.
In particular, you may not use any name:
1. Belonging to another person with the intent to impersonate that person, including
without limitation a "Game Master" or any other employee or agent of WORLD GOLF TOUR;
2. That incorporates vulgar language or which are otherwise offensive, defamatory,
obscene, hateful, or racially, ethnically or otherwise objectionable;
3. Subject to the rights of any other person or entity without written authorization
from that person or entity;
4. That belongs to a popular culture figure, celebrity, or media personality;
5. That is, contains, or is substantially similar to a trademark or service mark,
whether registered or not;
6. Belonging to any religious figure or deity;
7. Taken from WORLD GOLF TOUR’s products;
8. Related to drugs, sex, alcohol, or criminal activity;
9. Comprised of partial or complete sentence (e.g., "Inyourface", "Welovebeef", etc);
10. Comprised of gibberish (e.g., "Asdfasdf", "Jjxccm", "Hvlldrm");
11. Referring to pop culture icons or personas (e.g. " "Britneyspears", "Austinpowers",
"Batman")
12. That utilizes "Leet" or "Dudespeak" (e.g., "Roflcopter", "xxnewbxx", "Roxxoryou")
13. That incorporates titles. For purposes of this subsection, "titles" shall include
without limitation ’rank’ titles (e.g. , "CorporalTed," or "GeneralVlad"), monarchistic
or fantasy titles (e.g., "KingMike", "LordSanchez"), and religious titles (e.g., "ThePope,"
or "Reverend Al").
You may not use a misspelling or an alternative spelling to circumvent the name restrictions
listed above, nor can you have a "first" and "last" name that, when combined, violate the
above name restrictions.
Submissions
You acknowledge that you are responsible for the information and material that you submit
to the Site (each a "Submission"), and that you, and not WORLD GOLF TOUR, will have full
responsibility for each such Submission, including its legality, reliability, appropriateness,
originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy,
you agree that any Submission provided by you in connection with this Site is provided on a
non-proprietary and non-confidential basis. You agree that WORLD GOLF TOUR shall be free to
use or disseminate a Submission on an unrestricted basis for any purpose and if you submit
information to the Site, you grant WORLD GOLF TOUR a nonexclusive, worldwide, royalty-free
license to (in any media now known or not currently known or invented) link to, utilize, use,
copy, exploit, and prepare derivative works of the Submission, provided, that WORLD GOLF TOUR
agrees to use any personally identifiable information included in your Submissions in accordance
with WORLD GOLF TOUR’s Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL
PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO WORLD GOLF TOUR.
Posting Etiquette
WORLD GOLF TOUR asks that you respect our on-line community and other individuals. When submitting
Submissions to or otherwise using the Site and/or the services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights
of privacy and publicity) of others.
- Impersonate or represent WORLD GOLF TOUR, our staff or other industry professionals.
- Solicit a member’s password or other account information.
- Harvest user names, addresses, or email addresses for any purpose.
- Use racially, ethnically, or otherwise offensive language.
- Incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
This list of prohibitions is an example and is not complete or exclusive. These prohibitions do
not require WORLD GOLF TOUR to monitor or remove any Submissions or other information submitted
by you or any other user. WORLD GOLF TOUR reserves the right to terminate your access to your
account, your ability to access and post to the Site or to receive the services with or without
cause and with or without notice, or for any action that WORLD GOLF TOUR determines is inappropriate
or disruptive to the Site, services or to any other user of the Site and/or services. You hereby
agree to waive any claims against WORLD GOLF TOUR and its affiliates, contractors, agents and
employees for losses, damages and injuries for which are based on or relate to communications
or materials made available to the Site or posted on the Site by persons other than WORLD GOLF
TOUR. WORLD GOLF TOUR may report to law enforcement authorities any actions that may be illegal,
and any reports it receives of such conduct. When legally required or at WORLD GOLF TOUR’s
discretion, WORLD GOLF TOUR will cooperate with law enforcement agencies in any investigation of
alleged illegal activity on the Site.
Trademarks and Copyrights
The trademarks, service marks, brands, names, logos and designs ("Trademarks") of WORLD GOLF TOUR
or others used on this Site are the property of WORLD GOLF TOUR or their respective owners. You may
not remove or alter any Trademark. You may not use any trademark displayed on the Site without the
express prior written permission of WORLD GOLF TOUR or the respective owner, and nothing contained
on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks.
All of the Materials appearing on this Site, including but not limited to, text elements, site design,
images and icons, as well as the selection, assembly and arrangement thereof, are the sole property
of WORLD GOLF TOUR, INC., Copyright ©, unless otherwise specified. All rights not expressly granted
herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution,
modification, retransmission or publication of any copyrighted material is strictly prohibited without
the express written consent of the copyright owner.
Copyright Agents
WORLD GOLF TOUR respects the intellectual property of others, and we ask you to do the same. WORLD GOLF
TOUR may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site
or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you
believe that your work is the subject of copyright infringement and appears on our Site, please provide
WORLD GOLF TOUR’s copyright agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web
page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim
is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
WORLD GOLF TOUR’s agent for notice of claims of copyright infringement on this Site can be reached
as follows:
By mail:
Fish & Richardson P.C., P.A.,
Suite 3300,
60 South Sixth Street, Minneapolis,
United States, 55402
RE: World Golf Tour, Inc.
By phone:
(612) 337-2591
Ownership/Selling of the Account or Virtual Items
WORLD GOLF TOUR does not recognize the transfer of your user accounts ("Accounts"). You may not
purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account,
and any such attempt shall be null and void. WORLD GOLF TOUR owns, has licensed, or otherwise has
rights to all of the content that appears in the games and on this Site. You agree that you have
no right or title in or to any such content, including the virtual goods or currency appearing
or originating in the games, or any other attributes associated with the Account or stored on
the Site. WORLD GOLF TOUR does not recognize any virtual property transfers executed outside
of the games or the purported sale, gift or trade in the "real world" of anything related to
the games. Accordingly, you may not sell items for "real" money or otherwise exchange items
for value outside of the games.
Indemnification
You agree to defend, indemnify and hold harmless WORLD GOLF TOUR and its affiliates, representatives,
partners, agents and employees from and against any and all liabilities, claims, costs and expenses,
including attorneys’ fees, that arise out of or in connection with your use of the Site or breach of
these Terms.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions, outdated information
which may affect the quality of the Materials. You acknowledge that the Materials have not been
independently verified or authenticated in whole or in part by WORLD GOLF TOUR, and agree that WORLD
GOLF TOUR does not warrant the accuracy or timeliness of the Materials and further agree that WORLD GOLF
TOUR has no liability for any errors or omissions in the Materials, whether provided by WORLD GOLF TOUR
or its licensors.
WORLD GOLF TOUR, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR
GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR
MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY
CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS"
AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Acknowledgement
YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN RUNNING, THE GAME SOFTWARE MAY MONITOR YOUR COMPUTER’S
PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH THE GAME SOFTWARE, AN
"UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE,
INCLUDING, WITHOUT LIMITATION, ANY "BOT" OR "SPIDER" THAT IN WORLD GOLF TOUR’S SOLE DETERMINATION
ENABLES OR FACILITATES CHEATING OF ANY TYPE OR ALLOWS USERS TO MODIFY OR HACK THE GAME SOFTWARE.
Limitation of Liability
NEITHER WORLD GOLF TOUR NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR
CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT
OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS
SITE, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF
WORLD GOLF TOUR WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
General
WORLD GOLF TOUR controls and operates this Site from its headquarters in the United States and
makes no representation that the Materials are appropriate or will be available for use in
locations other than the United States. If you use this Site from outside the United States,
you are entirely responsible for compliance with applicable local laws, including but not limited
to the export and import regulations of other countries in relation to the Materials. These Terms
will be governed by California law and United States federal law, without regard to the choice or
conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or
causes of action related to these Terms or in connection with this Site only in the federal and
state courts located in San Francisco County, California. If any provision of these Terms is held
by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining
in full force and effect. The failure of WORLD GOLF TOUR to enforce any right or provision in these
Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by
WORLD GOLF TOUR in writing. The Terms comprises the entire agreement between you and WORLD GOLF
TOUR and supersede all prior or contemporaneous negotiations, discussions or agreements, if any,
between the parties regarding the subject matter contained herein.
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