COBRA GOLF “ENDLESS SUMMER BALL SPEED CHALLENGE” CONTEST | OFFICIAL RULES

COBRA GOLF "ENDLESS SUMMER BALL SPEED CHALLENGE" CONTEST | OFFICIAL RULES

THIS CONTEST IS OPEN ONLY TO SELECT RESIDENTS OF CANADA, EXCLUDING QUEBEC, AND IS GOVERNED BY CANADIAN LAW.

Standard data rates apply to participants who choose to participate in the Contest via a mobile device. Please contact your service provider for pricing and service plan information and rates before mobile device participation.

1. KEY DATES:
The Cobra Golf Endless Summer Ball Speed Challenge (the "Contest") begins on June 14, 2024 at 9:00 a.m. ET and ends on June 15, 2024 at 7:00 p.m. ET (the "Contest Period").

2. ELIGIBILITY TO ENTER:
The Contest is open to residents of Canada who: (i) have reached the legal age of majority in the province at the time of entry; or (ii) are between the ages of thirteen (13) and the legal age of majority in their province of residence (each, a "Minor") provided any such Minor's parent/legal guardian has consented to his/her participation in the Contest and has accepted and agreed to be legally bound by these Official Rules and Regulations (the "Rules") on the Minor's behalf.

This Contest is not open to employees, representatives or agents (and those with whom such persons are living, whether related or not) of COBRA PUMA GOLF (the "Sponsor"), or any of their respective associated and affiliated entities, advertising/promotion agencies, or any other individual(s), entity or entities involved in the development, production, implementation, administration or fulfillment of the Contest (collectively with the Sponsor and Endless Summer, the "Contest Parties"). This contest is also not open to PGA Professionals or Long Drive athletes.

NOTE TO MINORS: The Sponsor reserves the right, in its sole and absolute discretion, on a random audit basis to contact a Minor's parent/legal guardian for the purposes of verifying his/her: (i) agreement to be legally bound by these Rules on the Minor's behalf; (ii) consent to the Minor's participation in this Contest; and/or (iii) consent to the collection, use and disclosure of the Minor's personal information. Failure of a Minor's parent/legal guardian to complete any such required verification to the complete satisfaction of the Sponsor within the timeframe specified by the Sponsor may, in the sole and absolute discretion of the Sponsor, result in disqualification of the Minor.

3. HOW TO ENTER:
NO PURCHASE NECESSARY. MAKING A PURCHASE WILL NOT INCREASE OR OTHERWISE IMPACT YOUR CHANCES OF WINNING IN THIS CONTEST.

To enter, visit the COBRA Golf driving range experience at Endless Summer Long Drive Championship at Trillium Wood Golf Club in Belleville, ON during the Contest Period and scan the QR code, provide your first name, last name, valid email address, and opt in to receive marketing promotions from COBRA Golf. Once you have entered all required information, you will receive three (3) golf swings using a DARKSPEED Driver, and the fastest ball speed number of the three (3) swings will be recorded as an Entry. If you are a Minor, you will need to provide the full name, valid email address and telephone number of your parent or legal guardian. Once you have entered all required information, follow the instructions to submit your entry (each, an "Entry" and collectively the "Entries").

The Contest Parties and each of their respective officers, directors, agents, representatives, successors, and assigns (collectively, the "Released Parties") are not responsible for (and have no liability in relation to) late, lost, misdirected, delayed, incomplete or incompatible Entries (all of which are void).

4. AGREEMENT TO BE LEGALLY BOUND BY RULES:
By participating in this Contest, you (and your parent or legal guardian on your behalf if you are a Minor) are signifying that you have read and agree to be legally bound by these Rules.

5. PRIZES:
There are three (3) prizes (a "Prize") available to be won, consisting of: (i) one (1) DARKSPEED Driver and custom fitting from COBRA Golf. One (1) prize will be awarded to each of the top three (3) ball speeds recorded during the Contest. The approximate retail value of this Prize is $799.99 CAD. Only one prize available per entrant.

If a confirmed winner is a Minor, then the Prize will be awarded to his/her parent or legal guardian. Prizes will not be awarded directly to Minors.

IMPORTANT NOTE: ANY AND ALL OTHER COSTS ASSOCIATED WITH UTILIZING A PRIZE WILL BE THE SOLE AND ABSOLUTE RESPONSIBILITY OF THE WINNERS. NONE OF THE RELEASED PARTIES, NOR ANY OTHER ENTITY, WILL BE PROVIDING ANY COMPENSATION WHATSOEVER WITH RESPECT TO ANY COSTS ASSOCIATED WITH UTILIZING A PRIZE OR OTHERWISE.

Each Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions are permitted, except at Sponsor's option. Sponsor reserves the right, in its sole and absolute discretion, to substitute a Prize or a component thereof with a prize of equal or greater retail value, including, without limitation, but at Sponsor's sole and absolute discretion, a cash award.

None of the Released Parties makes any representation or offers any warranty, express or implied, as to the quality or fitness of any Prize awarded in connection with the Contest. To the fullest extent permitted by applicable law, a confirmed winner understands and acknowledges that he or she may not seek reimbursement or pursue any legal or equitable remedy from either the Sponsor or any of the other Released Parties should his/her Prize fail to be fit for its purpose or is in any way unsatisfactory.

6. ENTRY LIMIT AND CONDITIONS:
There is a limit of one (1) Entry per person. If it is discovered by the Sponsor (using any evidence or other information made available to or otherwise discovered by the Sponsor) that any person has attempted to use multiple names, multiple identities, multiple email addresses, any automated, macro, script, robotic or other system(s) or program(s), and/or any other means not in keeping with the Sponsor's interpretation of the letter and spirit of these Rules to enter or otherwise participate in or to disrupt this Contest; then he/she may be disqualified from the Contest in the sole and absolute discretion of the Sponsor.

7. VERIFICATION:
All Entries and entrants are subject to verification at any time and for any reason. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsor - including, without limitation, government issued photo identification): (i) for the purposes of verifying an individual's eligibility to participate in this Contest; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Entry and/or other information entered (or purportedly entered) for the purposes of this Contest; and/or (iii) for any other reason the Sponsor deems necessary, in its sole and absolute discretion, for the purposes of administering this Contest in accordance with the Sponsor's interpretation of the letter and spirit of these Rules. Failure to provide such proof to the complete satisfaction of the Sponsor within the timeline specified by the Sponsor may result in disqualification in the sole and absolute discretion of the Sponsor. The sole determinant of the time for the purposes of this Contest will be the official time-keeping device(s) of the Sponsor.

8. ELIGIBLE WINNER SELECTION PROCESS:
On or around June 17, 2024 (the "Selection Date") in Toronto, Ontario at approximately 11:00 a.m. ET, three (3) eligible entrants with the top three (3) fastest ball speeds during the Contest Period will be contacted from among all eligible Entries submitted and received in accordance with these Rules. The odds of winning depend on the number of eligible Entries submitted and received in accordance with these Rules.

9. ELIGIBLE WINNER NOTIFICATION PROCESS:
Each eligible winner, or his/her parent or legal guardian if the eligible winner is a Minor, will contacted by e-mail within five (5) business days from the Selection Date. If an eligible winner (or his/her parent or legal guardian if the eligible winner is a Minor) cannot be contacted as outlined above, or if there is a return of any notification as undeliverable; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible participant from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

10. ELIGIBLE WINNER CONFIRMATION PROCESS:
NO ONE IS A WINNER UNLESS AND UNTIL THE SPONSOR OFFICIALLY CONFIRMS HIM/HER AS A WINNER IN ACCORDANCE WITH THESE RULES. BEFORE BEING DECLARED AS A CONFIRMED PRIZE WINNER, an eligible winner will be required to correctly answer a mathematical skill-testing question without mechanical or other aid (which may, in the sole and absolute discretion of the Sponsor, be administered online, by email or other electronic means, by telephone, or in the Sponsor's form of declaration and release).

By participating in the Contest and accepting a Prize, each eligible winner (and his/her parent or legal guardian if the eligible winner is a Minor) hereby: (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the applicable Prize (as awarded); (iii) releases the Sponsor and all of the other Released Parties from any and all liability in connection with this Contest, his/her participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of his/her name, city and province/territory of residence, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by or on behalf of the Sponsor in any manner whatsoever, including print, broadcast or the internet. IMPORTANT NOTE: The Sponsor may require, in its sole and absolute discretion, that an eligible winner sign (and have his/her parent or legal guardian if the eligible winner is a Minor) and return the Sponsor's form of declaration and release prior to being confirmed as a winner.

If an eligible winner: (a) fails to correctly answer the skill-testing question; (b) cannot accept (or is unwilling to accept) the applicable Prize (as awarded) for any reason; and/or (c) is determined to be in violation of these Rules (all as determined by the Sponsor in its sole and absolute discretion); then he/she will be disqualified (and will forfeit all rights to the applicable Prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to randomly select an alternate eligible entrant for the applicable Prize from among the remaining eligible Entries submitted and received in accordance with these Rules in accordance with the procedures outlined in Rule 8 (in which case the foregoing provisions of this section shall apply to such newly selected eligible winner).

11. LIABILITY:
By participating in this Contest, you (and your parent or legal guardian on your behalf if you are a Minor) accept all risk and consequences of entry and participation in this Contest, and agree to release and hold Sponsor and all of the other Released Parties harmless from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses, of any kind, under any legal theory, arising from or related to this Contest, including but limited to your entry and participation in this Contest, the acceptance and/or use (or misuse) of any prize, printing errors, any claims based upon rights of publicity and invasion of privacy. Entrant shall indemnify Sponsor and all of the other Released Parties from and against all claims or suits and any damages or costs (including reasonable attorneys' fees) arising from or relating to entrant's violation or inaccuracy of any warrantees or representations made relating to this Contest. Sponsor assumes no responsibility for errors which may occur in the transmission of entrant's entry. The Sponsor and other Released Parties are not responsible for any fraud or misconduct on the part of the entrants. Should an entrant engage in fraud or misconduct of any nature, including but not limited to a violation of the Official Contest Rules, such entrant shall be subject to immediate disqualification.

IN NO EVENT SHALL SPONSOR OR ANY OF THE OTHER RELEASED PARTIES BE LIABLE TO ENTRANT FOR ANY LOST PROFITS, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST. ENTRANT'S SOLE DAMAGES SHALL BE LIMITED TO ENTRANT'S ACTUAL OUT OF POCKET EXPENSES, EXCLUDING ATTORNEYS' FEES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND CONTEST ENTITIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.

12. GENERAL CONDITIONS:
This Contest is subject to all applicable federal, provincial/territorial and municipal laws. The decisions of the Sponsor with respect to all aspects of this Contest are final and binding on all entrants without right of appeal.

ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR'S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.

The Sponsor and other Released Parties will not be liable for: (i) any failure of any website or any platform during the Contest; (ii) any technical malfunction or other problems of any nature whatsoever, including, without limitation, those relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; (iii) the failure of any Entry and/or other information to be received, captured or recorded for any reason whatsoever, including, but not limited to, technical problems or traffic congestion on the internet or at any website; (iv) any injury or damage to an entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest; (v) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (vi) any combination of the above.

By entering this Contest, each entrant (and his/her parent or legal guardian on his/her behalf if the entrant is a Minor) expressly consents to the Sponsor, its agents and/or representatives, storing, sharing and using the personal information submitted only for the purpose of administering the Contest and in accordance with Sponsor’s privacy policy (https://cobragolf.ca/privacy-policy). This section does not limit any other consent(s) that an individual may provide the Sponsor or others in relation to the collection, use and/or disclosure of their personal information.

The Sponsor reserves the right, subject only to the approval of the Régie in Quebec, to adjust any of the dates, timeframes and/or other Contest mechanics stipulated in these Rules, to the extent deemed necessary by Sponsor, for purposes of verifying compliance by any entrant, Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Contest as contemplated in these Rules, or for any other reason.

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 the terms as if the invalid or illegal provision were not contained herein.

To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein.