SWEEPSTAKES TERMS AND CONDITIONS

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE TERMS AND CONDITIONS (THE “RULES”) CONTAINED HEREIN CONSTITUTE AN AGREEMENT BETWEEN YOU AND THE SPONSOR (DEFINED BELOW). THESE RULES ARE MANDATORY FOR THE SWEEPSTAKES AND THEREFORE, BY ENTERING THE SWEEPSTAKES (DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND VOLUNTARILY AGREE TO UNCONDITIONALLY ACCEPT AND ABIDE BY THESE RULES IN THEIR ENTIRETY.

IN RESPECT OF ENTRANTS BASED IN THE UNITED STATES, AS MORE FULLY DETAILED BELOW, THESE RULES CONTAIN A MANDATORY BINDING ARBITRATION CLAUSE REQUIRING ARBITRATION OF ALL DISPUTES CONCERNING THE SWEEPSTAKES. THE RULES ALSO CONTAIN INDEMNITIES FROM YOU TO THE SPONSOR, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

A VALID INSTAGRAM ACCOUNT AND INTERNET ACCESS MAY BE REQUIRED TO PARTICIPATE.


1. THE SPONSOR

This sweepstakes or prize draw (the “Sweepstakes”) is sponsored and operated by: 222 Lakeview Avenue, West Palm Beach, Florida 33401 (the “Sponsor”).

2. THE SWEEPSTAKES

2.1 The title of the Sweepstakes is the “Fireballs GC Champions Kit Giveaway”.

2.2 Entrants (defined below) may enter for a chance to win the Prize, as defined and described in Rule 6 below. There is a limit of one (1) entry per person for the Sweepstakes. See Rule 3 below for entry details.

3. HOW TO ENTER

3.1 The Sweepstakes will run from 15:00 (EST) on Wednesday 18th December 2024 to 23:59 (EST) on Tuesday 31st December 2024 (the “Entry Period”).

3.2 All Sweepstakes entries must be received by the Sponsor during the Entry Period. All entries received after the Entry Period are automatically disqualified. An eligible individual who attempts to enter the Sweepstakes is hereafter referred to as an “Entrant”.

3.3 To receive one (1) entry into the Sweepstakes, during the Entry Period, Entrant may either:

(a) if Entrant is a LIV X and Fireballs GC fan club member, complete and submit the entry form at https://www.fireballsgc.com/fans-competitions-champions-kit?competition=kit_giveaway. The entry form must be filled in with the following mandatory information: Entrant’s first name, last name and email address;

(b) if Entrant is not a LIV X and Fireballs GC member, create a LIV X account and join the Fireballs GC fan club by filling out the form at https://www.fireballsgc.com/fans. The entry form must be filled in with the following mandatory information: Entrant’s first name, last name, email address and country; or

(c) follow @fireballsgc_ account on Instagram from Entrant’ personal Instagram account (if Entrant does not already), click on the pinned post for the Sweepstakes on the Instagram account (@fireballsgc_ / https://www.instagram.com/fireballsgc_/) and share the Sweepstake post. Entrant’s Instagram account must be a public account and cannot be a shared, corporate or organizational account. Data charges may be incurred from Entrant’s wireless carrier for submitting your entry via a mobile device. Be sure to check your wireless carrier’s pricing plan before entering via mobile device.

3.4 To enter without joining the Fireballs GC fan club on LIV X or via Instagram, email your full name and email address with the Sweepstake title in the subject line to liv.x@livgolf.com within the Entry Period to be randomly entered into the Prize draw. If an email entry is received after the Entry Period, no entry will be recorded. No other method of entry will be accepted including entries delivered by hand or by post. Each compliant and successfully emailed request equals one (1) entry into the Sweepstakes.

3.5 Entry into the Sweepstakes governed by these Rules will be completely voluntary and free of charge for all entrants, without any obligations other than those regulated in these Rules. No purchase necessary to enter or win, and a purchase will not increase an Entrant’s chances of winning. An Entrant’s odds of winning depend on the total number of eligible entries received. Entrants are not required to opt-in to receive the Sponsor’s marketing emails to enter the Sweepstakes. An Entrant will be able to able to unsubscribe from receiving emails and other communications from the Sponsor and its affiliates, by following the instructions in the applicable LIV Golf Privacy Policy at https://www.livgolf.com/privacy-policy.

3.6 The Sponsor will not accept:

(a) responsibility for Sweepstakes entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or

(b) incomplete, illegal, erroneous or late entries.

(c) proof of posting or transmission as proof of receipt of entry into the Sweepstake.

3.7 The winner will be drawn at random from all valid entries received during the Entry Period. Subject to verification of eligibility and compliance with these Rules, the potential winner will be declared the official winner of the Sweepstakes (the “Winner”).

4. ELIGIBILITY

4.1 The Sweepstakes is only open to all residents of the 50 United States and the District of Columbia, Great Britain and Spain aged 18 years (except in the case of residents of jurisdictions where the legal age of majority is greater than 18 years, such legal age of majority) or over, who provide certain information and/or personal data and carefully follow the instructions given in these Rules except:

(a) employees, directors and officers of the Sponsor or its holding or subsidiary companies;

(b) employees, directors and officers of agents or suppliers of the Sponsor or its holding or subsidiary companies, who are professionally connected with the Sweepstakes or its administration; and

(c) members of the immediate families (including spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) or households of (a) and (b) above.

5. ENTRY CONDITIONS

5.1 In entering the Sweepstakes, an Entrant confirms that they are eligible to do so in conformance with these Rules and they are eligible to claim the Prize if they are the Winner. The Sponsor may require an Entrant to provide proof that they are eligible to enter the Sweepstakes.

5.2 The Sponsor will not accept competition entries that are:

(a) automatically generated by computer; or

(b) completed by third parties or in bulk.

5.3 There is a limit of one (1) entry per person and additional entries will be void. Entries on behalf of another person will not be accepted and joint submissions are not allowed. Any individual found to be using multiple email addresses to enter will be ineligible. The use of multiple Instagram accounts to enter above the stated limit is specifically prohibited and may result in disqualification at Sponsor’s sole discretion.

5.4 The Sponsor reserves all rights to disqualify an Entrant if their conduct is contrary to the spirit or intention of the Sweepstakes.

5.5 The Sweepstakes is subject to all applicable laws, rules, and regulations. The Sweepstakes is void outside the eligible territory set out above and where prohibited or restricted by law, rule, or regulation.

6. THE PRIZE

6.1 The Prize will be: (i) golf ball from the LIV Golf Andalucia event 2024 (“Event”) signed by Sergio Garcia; (ii) red Fireballs GC cap as worn on the podium by Fireballs GC at the Event; and (iii) red Fireballs GC polo as worn on the podium by Fireballs GC at the Event (the “Prize”). Approximate retail value of the Prize is USD $300 / EUR €280

6.2 The Prize is subject to availability. The Sponsor reserves the right to substitute the Prize with a Prize of equal or greater value.

6.3 The Prize is not negotiable, exchangeable, transferable or redeemable for cash. The Winner is strictly prohibited from selling the Prize to any other person.

6.4 Travel and accommodation are not included in the Prize and the Sponsor accepts no responsibility for any costs associated with any Prize which are not specifically included in that Prize, including, without limitation, meals, personal expenses, insurance and travel expenses.

6.5 The Winner is fully responsible for any and all applicable taxes (including income and withholding taxes) in respect of the Prize and the Sweepstakes.

6.6 All Sweepstakes entries become the property of the Sponsor and will not be acknowledged.

7. WINNER

7.1 The Winner will be selected at a random drawing from all valid entries received during the Entry Period on 2nd January 2025 . The Winner will be subject to verification of eligibility and compliance with these Rules.

7.2 Each Entrant agrees that the decision of the Sponsor is final, binding and conclusive in all matters related to the Sweepstakes.

7.3 The Sponsor will contact the potential Winner personally as soon as practicable after selection:

(a) using the address provided to submit a Sweepstakes entry in accordance with Rule 3.3(a) or Rule 3.4; or

(b) via a private direct message to their Instagram account if Entrant entered in in accordance with Rule 3.3(b), and the Winner must respond to the private message from Sponsor within 48 hours or the Prizes will be forfeited. Potential Winners must continue to follow the @fireballsgc_ Instagram account through prize awarding. It is the sole responsibility of each Entrant to ensure that their privacy settings allow for Sponsor to contact them via direct message. Sponsor reserves the right to disqualify, and not award the prize to, any person who does not comply with the foregoing.

The Sponsor will not amend any contact information after the competition entry has been submitted. The Sponsor is not responsible for typos or errors in any Entrant’s Sweepstakes entry.

7.4 The Sponsor must either publish or make available information that indicates that a valid award took place. To comply with this obligation, the Sponsor will, subject to the following sentence , send the surname and state (where the Winner resides in the United States) or county (where the Winner resides in Great Britain Entrants) of the Winner (as applicable to the country of residence of the Winner) to anyone who emails liv.x@livgolf.com within one month after the Entry Period. If you object to any or all of your surname state or county being published or made available, please contact the Sponsor by email liv.x@livgolf.com. In such circumstances, the Sponsor may still be required to provide the information and winning entry to any regulator, on request.

7.5 By entering the Sweepstakes, an Entrant grants to the Sponsor, LIV Golf Inc., LIV Golf Ltd, LIV Golf Events Ltd and their respective affiliates, designees and third parties in perpetuity and on a worldwide basis, the irrevocable right to use, reproduce, distribute, and display, the Entrant’s name, portrait, picture, likeness, image or statements about the Sweepstakes, or any photograph, video content submitted by the Entrant (whether as part of their entry or to claim a Prize), for any purpose whatsoever concerning the businesses, activities, events, advertisements, promotions or marketing of the Sponsor, LIV Golf Inc., LIV Golf Ltd, LIV Golf Events Ltd and their respective affiliates, and parent and subsidiary companies, throughout the world, including, but without limitation, in connection with the Sweepstakes, and related advertising, marketing, promotion, merchandising, as well as in connection with any other media or technology (including, without limitation, internet protocols, wireless or interactive platforms or interfaces) through which the Sponsor or its affiliates, designees and third parties may distribute content to end users, whether now existing or hereafter developed. This assignment includes the image, intellectual and industrial property rights over the Entrant's portrait, picture, likeness, image or statements about the Sweepstakes, or any photograph, video content submitted by the Entrant, on an exclusive basis and with the ability to subsequently assign to third parties, for the territory of the whole world and for the maximum duration permitted by the applicable regulations, including but not limited to the right of reproduction, distribution, public communication, making available to the public and transformation, in all forms of exploitation and for all means of dissemination, including both internal and external media such as global social networks. External media are managed by third parties who operate independently of Sponsor and its authorised persons or entities. They may have their own privacy notices or policies. Sponsor is not responsible for the content, use or privacy practices of these external media. The assignment does not entitle Entrants to any remuneration and/or benefits other than the Prize if Winner. The Entrant guarantees that the assignment made to the Sponsor and the exploitation of the same by the latter will not entail any infringement of intellectual and industrial property rights, image rights or, in general, the rights of any third party. The Entrant will be exclusively liable for any claims made in this sense, as well as against the Sponsor for all the damages caused.

8. CLAIMING THE PRIZE

8.1 Details of the Prize will be confirmed to the Winner that has accepted the Prize in accordance with Rule 8.3 by 9th January 2025.

8.2 The Prize may not be claimed by a third party on your behalf.

8.3 The Sponsor will make reasonable efforts to contact the potential Winner in accordance with Rule 7.3. If the potential Winner cannot be contacted or is not available, refuses the Prize, is ineligible to receive the Prize, has not claimed the Prize within 48 hours of the attempted notification, the Sponsor reserves the right to award the Prize to the next eligible Entrant selected from the correct entries that were received during the Entry Period. If necessary, the Sponsor will contact up to two (2) alternate winners in order to award the Prize, time permitting, after which the Prize will go unawarded.

8.4 The Sponsor is not responsible if a potential Winner is not able to accept or receive the Prize.

8.5 The potential Winner may be required to provide certain information, documentation or identification to the Sponsor to comply with any tax obligations arising as a consequence of winning the Prize. A Winner who is resident in the United States will be required to submit its valid social security number and/or other documentation or identification to the Sponsor and may receive an IRS Form 1099 for any prize valued at $600 or greater. Prize claim documents will be sent to the potential Winner via email and/or mail. The Prize claim documents for the potential Winner may also include a declaration of eligibility/release of liability/Prize acceptance and publicity release (where permitted by law), a guest release form and any other documentation reasonably requested by the Sponsor, all of which the potential Winner must complete and return within seven (7) days of the date the Prize claim documents are sent to the potential Winner. A Winner who is resident in Spain will be required to submit a copy of his/her ID card or other identification document to the Sponsor for any prize valued at more than €300. In such case, the Sponsor will make the mandatory deposit on account of personal income tax and, in turn, the Winner will have to integrate in his/her general taxable base of the personal income tax return of the corresponding tax year the valuation of the Prize.

8.6 Failure of Winner to meet the eligibility criteria of the Sweepstakes or submit any documentation and/or identification required may result in the potential Winner’s disqualification and forfeiture of the Prize and, in such circumstances, the Sponsor reserves the right to offer the Prize to the next eligible Entrant selected from the correct entries that were received during the Entry Period.

8.7 To the extent permitted pursuant to applicable law, the Sponsor reserves the right, in its sole discretion, to void, modify, suspend, extend, cancel or amend the Sweepstakes (or any portion thereof) in the event the Sponsor is prevented from executing the Sweepstakes as contemplated herein by any event beyond the Sponsor’s control. The Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify, suspend or extend the Sweepstakes or Sweepstakes materials in any way, if it determines, in its sole discretion, that the Sweepstakes materials and/or Prize claim document is impaired or corrupted or that fraud or technical problems, failures, malfunctions or errors have destroyed or undermined the proper entry, integrity, and/or feasibility of the Sweepstakes.

9. DATA PROTECTION AND PUBLICITY

9.1 The Sponsor will process the Entrant’s personal data as set out in the Sponsor’s Privacy Policy at https://www.livgolf.com/privacy-policy, primarily in order to comply with its obligations under these Rules and the aforementioned Privacy Policy, as well as its legal and tax obligations as organizer of the Sweepstakes. By entering this Sweepstake, the Entrant grants the Sponsor and its designees or third parties permission to share the Entrant’s email address and any other personally identifiable data with its affiliates and third party agencies for the purpose of selecting the Winner and facilitating the Prize.

9.2 Entrants and Winners may exercise their rights of access, rectification, erasure, objection, data portability, and limitation of processing in the manner set out in the Privacy Policy where all relevant information on data processing is set out.

10. GENERAL

10.1 If there is any reason to believe that there has been a breach of these Rules, the Sponsor may, at its sole discretion, exclude an Entrant from participating in the Sweepstakes.

10.2 To the extent permitted pursuant to applicable law, the Sponsor reserves the right to hold void, suspend, cancel, or amend the Sweepstakes where it becomes necessary to do so.

10.3 Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies (including legal fees) from any such person to the fullest extent permitted by law. While the Sponsor may take action against fraudulent activities of which they become aware, the Sponsor assumes no responsibility or obligation to proactively police Entrants’ activities, or to investigate any or all claims of fraudulent activity. The Sponsor’s failure to enforce any provision of these Rules shall not constitute a waiver of that provision.

10.4 The Sponsor will not be required to correspond with Entrants.

10.5 By entering the Sweepstakes, all Entrants accept the Rules. The Rules will be available in English and Spanish, at least throughout the Entry Period, at https://www.fireballsgc.com/fans.

10.6 In the event of any inconsistency between the English language and the Spanish language version of these Rules, the English language version shall prevail.

11. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning the Prize in connection with the Sweepstakes. Without limiting the generality of the foregoing, the Prize will be provided "as is" without warranty of any kind, either express or implied, and, to the fullest extent permitted by applicable law, the Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

12. RELEASE AND CONDITIONS OF PARTICIPATION

12.1 Important: By participating in the Sweepstakes, each Entrant hereby releases and agrees to hold the Sponsor, LIV Golf Inc., LIV Golf Ltd, LIV Golf Events Ltd and each of their respective affiliates, Prize partners, developers, licensors, digital/advertising/promotion agencies, and all of their shareholders, officers, directors, agents, representatives and employees (the “Sweepstakes Entities”) harmless from and against any and all costs, injuries, losses or damages of any kind, to the fullest extent permitted by applicable law, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity or the receipt, use or misuse of the Prize.

12.2 By submitting an entry, the Entrant acknowledges and agrees that:

  • (a) Under no circumstances will Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased, against any Sweepstakes Entity.

  • (b) Entrant waives any right to claim ambiguity in these Rules.

  • (c) the Sweepstakes Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:

    • (i) Incomplete, lost, late, or misdirected entries, or for failure to receive entries due to any cause, including, without limitation, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with the Entrant, with the Sweepstakes Entities or otherwise, that may limit the Entrant’s ability to participate in the Sweepstakes;

    • (ii) Incorrect or inaccurate information whether caused by internet users, or by any equipment or programming associated with or utilized in connection with the entry (and the Sweepstakes Entities assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking);

    • (iii) to the fullest extent permitted by applicable law, any injury or damage resulting from participation in the Sweepstakes (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the participant’s rights of publicity or privacy); or

    • (iv) any claim by the Entrant for defamation or portrayal in a false light.

  • (d) The Sweepstakes Entities assume no responsibility for any damage to Entrant’s computer system, which is occasioned by accessing the website or social media pages, or submitting an entry, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.

    12.3 This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. Instagram is completely released of all liability by each participant in this Sweepstakes. Any questions, comments or complaints regarding this Sweepstakes must be directed to Sponsor and not to Instagram.

    13. GOVERNING LAW AND JURISDICTION

    13.1 For Entrants based in Great Britain only: These Rules and the Sweepstakes are governed by English law. If any Entrants to this promotion wish to take court proceedings, then thy must do this within the courts of England and Wales or Scotland.

    13.2 For Entrants based in Spain only: These Rules and the Sweepstakes are governed by Spanish law. If any Entrants to this promotion wish to take court proceedings, they must do this within the courts of Spain.

    13.3 For Entrants based in the United States only: These Rules and Sweepstakes shall be governed by the laws of the State of New York, without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s laws. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Each Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any benefits received, or the administration of the Sweepstakes not resolved through internal adjudication shall be resolved individually, exclusively by arbitration, to take place in the State of New York pursuant to the Rules of the American Arbitration Association, then effective. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Rules will be joined to an arbitration involving any other party subject to these Rules, whether through class arbitration proceedings or otherwise.