NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR: "Sponsor" is Kohler Co., 444 Highland Drive, Kohler, Wisconsin 53044 and is solely responsible for all aspects of this Sweepstakes. The Sweepstakes are in no way sponsored, endorsed, or administered by, or associated with, Instagram or Meta.
2. ELIGIBILITY: The Sweepstakes is open to legal residents of the United States, eighteen (18) years of age at the time of entry. Officers, directors, and employees of Sponsor, and members of their immediate families (biological, step, or in-law) including parent, grandparent, child, sibling, or spouse of any of the foregoing (regardless of where they live) or households of any of the above, whether related or not, IRS dependents, and household members of Sponsor and its respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Sweepstakes, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
3. SWEEPSTAKES PERIOD: The "Sweepstakes Period" will begin on December 27, 2023, at 9:00 AM Central Time ("CT") and ends on January 2, 2024, at 9:00AM AM CT ("Closing Date").
4. ENTRY: To enter the Sweepstakes, an individual must log in to their Instagram account, find the Sweepstakes post on the official @GolfKohler Instagram page located at https://www.Instagram.com/GolfKohler, and:
(1) follow the @GolfKohler Instagram account;
(2) like the Sweepstakes post;
(3) comment their favorite golf memory from the last 25 years and use #GolfKohlerSweepstakes; and
(4) share the Sweepstakes post on their Instagram story.
The awarding of the Prize, as defined below, is subject to the eligibility and forfeiture provisions set forth herein.
Limit one (1) entry per person per Instagram account.
5. ENTRY TERMS: Only eligible entries actually received by Sponsor before the Closing Date will be included in the Sweepstakes drawing.
7. SELECTION OF WINNERS & WINNER NOTIFICATION: Within 48 hours of the entry period closing on January 2, 2024, a random drawing will be held to select one (2) First Prize Winners from all eligible Entries (the “Winner”).
Sponsor’s decisions will be final in all matters pertaining to the random drawing. Sponsor will notify a potential Winner by Instagram message ―via the same Instagram account from which the Entry was posted. Three (3) attempts will be made within one 72-hour period to contact the potential Winners. If a potential Winner does not respond to Sponsor within the 72-hour allotted time period, Sponsor will randomly select another potential Winner from all eligible entries, and the same process will be repeated until a Winner is contacted and the Prize is awarded. Sponsor is not responsible for contacting an entrant if that entrant has changed contact information and failed to provide Sponsor the proper contact information when such information is required. At the sole discretion of the Sponsor, forfeiture of a Prize and the selection of an alternate Winner may result from any of the following: (a) the potential Winner's failure to respond to notification within the specified response period; (b) the potential Winner's failure to provide Sponsor with satisfactory proof of age, identity, and residence; or (c) any non-compliance with these Official Rules.
8. WINNER VERIFICATION: At the discretion of Sponsor, any potential Winner may be required to sign and return to the Sponsor an Affidavit of Eligibility and a Liability and Publicity Release (where permitted) ("Affidavit") after being notified that she/he is a potential Winner.
9. ODDS: The odds of winning the Prize depend on the total number of eligible Entries received during the Sweepstakes Period.
10. PRIZE/APPROXIMATE RETAIL VALUE ("ARV"): The "Prize" consists of: one (1) Limited Edition Toulon Design Whistling Straits 25th Anniversary putter (ARV $300). Two Prizes shall be awarded total. The prize may be referred to individually or collectively in these rules as a “Prize”.
11. PRIZE RESTRICTIONS: Limit one (1) Prize per entrant. Sponsor reserves the right to substitute a prize of equal or greater value if all or part of the advertised Prize is unavailable or cannot reasonably be provided for any reason. No substitution or transfer of Prize by Winner is permitted. Prize is not redeemable for cash. The Winner will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prizes, regardless of whether they, in whole or in part, are used. Any portion of the Prize not accepted by a Winner will be forfeited. The Winner may be required to provide his or her social security number or tax ID for tax reporting as Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the fair market value of each Prize.
If any portion of the Prize is lost, destroyed, or stolen it will not be replaced. Allow 1-2 weeks for the mailing of the Prize.
THE PRIZE IS 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).
12. PUBLICITY: Except where prohibited by applicable law, acceptance of a Prize constitutes that Winner's consent to Sponsor's use of that Winner's name, likeness, photograph, voice, biographical information, statements, and/or home state for advertising and promotional purposes in connection with the Sweepstakes or awarding of the Prizes, in any media, worldwide, without remuneration for said use.
13. RELEASE AND RESERVATION: By participating in the Sweepstakes, unless prohibited by law, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor's reasonable control impairs or is believed to have impaired the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event any Winner engages in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any other person, Sponsor reserves the right to terminate the Sweepstakes or withdraw that Winner's Prize.
14. WAIVER: By entering, unless prohibited by law, participants agree to release, discharge, indemnify, defend, and hold harmless, Sponsor, Instagram, and their respective parents, subsidiaries, affiliates, and their respective officers, directors, members, employees, agents, and agencies, ("Released Parties") from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participating or attempting to participate in the Sweepstakes or from acceptance, possession, misuse, use, or award of the Prize, unless prohibited by law. Winners shall bear all risk of loss or damage to the Prizes after they have been delivered, unless prohibited by law.
IN NO EVENT WILL SPONSOR, ANY PARTICIPATING PROMOTIONAL COMPANIES, RELEASED PARTIES, OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, MULTIPLE, OR ADDITIONAL DAMAGES.
15. DISPUTES: Except where prohibited by applicable law, entrants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate federal or state courts located in Sheboygan County, Wisconsin. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, indirect, lost profits, or consequential damages, or any other damages, including attorneys' fees, and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Sweepstakes, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Wisconsin. By entering, except where prohibited by law, entrants consent to the exclusive jurisdiction and venue of the federal and state courts located in Sheboygan County, Wisconsin.
16. WINNER LIST: The name of the Winner ("Winner List") may be requested only after the Closing Date and no later than December 31, 2024. To receive the Winner List, send request to Kohler Co., 444 Highland Drive, Kohler, WI 53044, Mail Stop 419, Attn: Whistling Straits 25th Anniversary 2023 Sweepstakes.
17. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules 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. When terms such as "may" are used in these Official Rules, Sponsor has sole and absolute discretion. Headings are solely for convenience and will not be deemed to affect the meaning or intent of the Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials 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.