Communications with this Site.
General Terms and Conditions:
On certain areas of our Site, you may be able to interact with other users or upload messages or other content, including videos ("Content"). We may terminate your account and your ability to upload Content if we believe, in our sole discretion, that you have violated any of the terms in these Terms and Conditions, or any law. These terms and conditions should be read in conjunction with the Acushnet Company Legal and Privacy notices.
You are prohibited from posting or transmitting any false, inaccurate, misleading, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane Content or any Content that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Acushnet Company will fully cooperate with any law enforcement authorities or court order requesting or directing Acushnet Company to disclose the identity of or help identify or locate anyone posting any such Content.
You agree that you will not post Content that contains personal information about any individual, violates the privacy of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. You agree that you will not impersonate any person or organization, including without limitation, an employee of Acushnet Company. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you post any Content that infringes any copyright, trademark, patent, trade secret or other intellectual property right of a third party.
You agree to indemnify and hold Acushnet Company (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
Although Acushnet Company may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Acushnet Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. Acushnet Company assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
Acushnet Company appreciates your comments, but please do not send to Acushnet Company any suggestions, drawings, models or other descriptions of any ideas related to new products, modifications to existing products or marketing efforts. Acushnet Company does not accept such unsolicited products or marketing suggestions.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary with no obligation of confidence on the part of Acushnet Company, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. Acushnet Company cannot prevent the "harvesting" of information from this Site, and you may be contacted by Acushnet Company or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, Acushnet Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to the person sending such information.
Ratings and Reviews Service, message boards, blogs, chat rooms, and other forums:
The Ratings and Reviews Service, message boards, blogs, chat rooms, and other forums (collectively, the “Boards”) we may provide on this Site are intended to allow information exchanges, and for users to express their opinions. We encourage you to interact with the site by reading and commenting on our postings. Here are some additional ground rules to the items that we will post:
- Not all posts will be published. We reserve the right to review all submissions and to remove any submission for any reason, in its sole discretion.
- We do not guarantee that you will have any recourse through Acushnet Company to edit or delete any Content you have submitted. You acknowledge that you, not Acushnet Company, are responsible for the contents of your submission.
- The purpose of the Boards is to focus on Acushnet Company products. Accordingly, we will not post or comment on Acushnet Company policies or rumors, or on our competitors‚ products, marketing strategies or players that endorse their products. We prefer to keep the topics related to Acushnet Company equipment and players.
- We will offer links to some other websites. While many of these links will be to sites with which we have no commercial or other relationship, some links will be to websites where we have purchased advertisements.
- We will not post any Content that contains business solicitation of any type, including advertising a product or service, offering a product or service for sale, or directing readers to a location for more information about a product or service, or for which you have been compensated or granted consideration by any third party.
- We will not post any Content that includes any information that references other websites, addresses, email addresses, contact information or phone numbers.
- By submitting your email address in connection with your rating and review, you agree that Acushnet Company and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
- We may occasionally edit some postings according to these policies. For more information, please click here for our Legal Notice.
If you believe that Content was posted in violation of these Terms and Conditions, please notify us via email to firstname.lastname@example.org. We may, but typically will not, acknowledge receipt of your complaint. You agree that we cannot and will not act as arbiter of disputes arising from third party communications or transmission to the Site, but will take only such action as we believe are appropriate in our sole discretion. If you are a copyright owner and you believe your rights have been violated by Content uploaded to this Site, please follow our Proprietary Rights Complaint Process below.
Any Content you submit on this website containing artwork, audio recordings, copy, ideas, images, music, photography, text, video recordings, written materials and/or other materials is governed by these terms.
You hereby grant to Acushnet Company an irrevocable, non-exclusive, royalty-free perpetual license to use and exploit the Content, including, without limitation, the title(s) and each and every element of the Content, in whole or in part, in any and all manner and media throughout the world. You hereby acknowledge and agree that: (a) Acushnet Company shall have the right to edit, alter or arrange the Content in any way it desires in its sole discretion; (b) Acushnet Company shall not have any obligation to provide you with any credit when using your Content; and (c) you waive any “moral rights” that you may have in the Content. You understand that Acushnet Company will act in reliance upon your grant of rights, representations, warranties and indemnities in this Agreement and may incur substantial expense in reliance upon this grant of rights, representations, warranties and indemnities should Acushnet Company use your Content.
Proprietary Rights Complaint Process:
Acushnet Company is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Acushnet Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA").
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this site in the manner described below:
1. By sending an email to email@example.com; or
2. By sending a letter via U.S. mail to:
Attn: Legal Department
333 Bridge Street
Fairhaven, MA 02719
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b. Identification of the copyrighted work claimed to have been infringed;
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Register.com to locate the material;
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(For more details on the information required for valid notification, see 17 U.S.C. 512(c))
Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request.
Pursuant to 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
TITLEIST AUSTRALIA PTY LTD
Online Sweepstakes Guidelines
Promotion Period: [insert dates]
Upon completion of the online form, click the “submit” button to send the entry. If you do not provide the personal information requested on the online form you will not be able to enter into this promotion. By entering the competition you agree to the terms and conditions on that website, including the collection of your personal information (see privacy statement below).
The promotion commences [insert start date] at 12:01am (AEST/AEDST) and ends on [insert end date] at 11:59pm (AEST/AEDST). All entries must be received before that time.
There will be one (1) Prize Draw for the promotion. The first Prize Draw will be conducted at 12 noon (AEST/AEDST) on [insert draw date] at Acushnet Australia Pty Ltd Unit 4, 2 Federation Way, Mentone Victoria 3194. To be eligible for the first Prize Draw your entry must be received by 11.59pm on the [insert date]. The prize shall consist of [insert prize(s)] Approximate Retail Value ("ARV") of the prize(s) is [insert value]. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed except as provided herein. Titleist reserves the right to substitute prizes of equal or greater value should feature prizes become unavailable. All taxes on prizes are the responsibility of the winners. The winner will be contacted by email.
There is a limit of one (1) entry per person and one (1) prize per household.
WEBSITE ENTRY INFORMATION
Please refer to www.Titleist.com.au for full terms and conditions of entry. No responsibility accepted for late, lost or misdirected entries.
Entries via the website http://www.Titleist.com.au become the property of Acushnet Australia Pty Ltd (“The Promoter”), of Unit 4, 2 Federation Way, Mentone Victoria. Acushnet Australia Pty Ltd collects the personal information provided by each entrant to notify individuals if they win a prize. If you do not provide your personal information as requested, the Promoter will not be able to enter you into this promotion. This information may be disclosed to third parties contracted to provide services to Acushnet Australia Pty Ltd in connection with the competition. If an entrant agrees, on the online entry form, Acushnet Australia Pty Ltd will provide that entrant with further information about Acushnet Australia products and services. To stop receiving this, an entrant can write to the Promoters’ addresses below, or if the information is sent electronically, unsubscribe using the links provided. An entrant may request access to his or her personal information, ask a privacy-related question or get a copy of the Promoters' Privacy Policies by writing to:
“The Privacy Compliance Officer”
Acushnet Australia Pty Ltd
PO Box 112 Braeside VIC 3195
The Promoters' Privacy Policies can also be viewed at http://www.titleist.com.au/corporate/privacy.asp
Any costs associated with accessing the promotional website is the entrant’s responsibility and is dependent on the Internet service provider used. Any contact details incorrectly entered on the website may invalidate the relevant entry at the Promoter's discretion.
Authorised under NSW Permit LTPM/11/00942, ACT Permit TP 11/04743.
TERMS AND CONDITIONS:
Information on prizes and how to enter this promotion forms part of the terms and conditions of entry.
Entry into this promotion is deemed to be acceptance of these Conditions of Entry.
- Entry is open to all residents of Australia. The directors, employees and immediate families of the Promoter, Acushnet Australia Pty Ltd, and its retailers, suppliers, associated companies and its agencies are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
- The Promoter reserves the right, in its sole discretion, to disqualify any entry not made in accordance with these terms and conditions. Further, at the Promoter's sole discretion, the Promoter may deem all or any entries from any person ineligible, and prohibit that person's further participation in this competition, where that person tampers with, or benefits from any tampering with, the entry process or the operation of the competition or acts in violation of these conditions, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any person.
- Incomplete online entry forms will be ineligible for the prize draw.
- The promotion period commences at 12.01am (AEST/AEDST) [insert date] and ends at 11.59pm (AEST/AEDST) [insert date]. All entries must be received before the end of the promotion period. The Prize Draws will be conducted at 12 noon (AEST/AEDST) on the [insert date] at Acushnet Australia Pty Ltd Unit 4, 2 Federation Way, Mentone Victoria 3194. To be eligible for the Prize Draw your entry must be received by 11.59pm on the [insert date].
- To enter, you must fully complete an online entry form at the Promoter's website, http://www.titleist.com.au. Post Office Box addresses will not be accepted. Upon completion of the form, click the “submit” button to send the entry. There is a limit of one (1) entry per person and one (1) prize per household.
- The Promoter shall not be liable for any costs incurred, responses received or any other consequences of user error.
- The prize shall consist of [insert prize]. Approximate Retail Value ("ARV") of the prize is [insert value]. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed except as provided herein. Titleist reserves the right to substitute prizes of equal or greater value should feature prizes become unavailable, subject to relevant authorities approval. All taxes on prizes are the responsibility of the winners. The winner will be contacted by email.
- The prize, or any unused portion of the prize, are not exchangeable and cannot be redeemed for cash.
- The Promoter's decision in relation to any aspect of the promotion is final and binding. No correspondence will be entered into.
- The Promoter does not accept responsibility for late or misdirected entries. Entries are deemed to be received when received into the Promoter's database.
- If any part of a prize is no longer capable of being redeemed, the new winner will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant Regulatory Gaming Authorities.
- The winner will be notified by email within 48 hours of the draw on [insert date].
- The prize will be awarded to the person named on the winning online entry form. The Promoter reserves the right to request the winner to provide proof of identity and proof of residency at the nominated prize delivery address prior to awarding the prize. Identification considered suitable for verification will be at the discretion of the Promoter.
- If for any reason this competition is not capable of running as planned by the Promoter (which includes any matter beyond the control of the Promoter including but not limited to infection by line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause(s) which corrupts or affects the administration, security, fairness, integrity or proper conduct of this promotion) then, in addition to clause 4, the Promoter reserves the right to cancel, terminate or modify or suspend the promotion subject to the approval of the Regulatory Gaming Authorities in each state and territory, where required.
- The Promoter is neither responsible nor liable for any change in prize value of the prize occurring between [insert start date] and the date the prize is claimed. Prize will be delivered to the residential address as identified by the prize winner. The Promoter and its associated agencies and companies will not be liable for any damage in transit to prizes.
- If the individual prize value exceeds $500 “ARV” the Promoter will publish the results of Titleist Sweepstakes in The Australian newspaper within two weeks from the date the prize draw takes place. The Promoter will disclose the winner's first initial, surname and suburb or city and state of residence at http://www.Titleist.com.au. If you do not provide your personal information, you cannot participate in this competition.
- Tax implications may arise if you win a prize. You should seek independent financial advice prior to acceptance of a prize.
- Confirmation of printing errors and other quality control matters will not be used as a reason for refusing payment of prizes.
- Disposal of any unclaimed prizes may be made subject to any written directions given under Lottery and Gaming Regulations. Unclaimed prizes will be drawn at the same location as the original prize draw on [insert time] (AEST/AEDST) at [insert date 3 months from end of contest]. If the individual prize value exceeds $500 “ARV” the winner’s will be notified in writing and their details will be published in The Australian newspaper within two weeks from the date of the second chance prize draw.
- The Promoter, participating retailers and any of their employees, contractors and agents or employees of their contractors and agents, will not be liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect or consequential losses) or for personal injury or death which is suffered or sustained by the winner of a prize or any other person or otherwise suffered or sustained in connection with participating in this competition, or as a result of taking or making use of any prize or any act or omission (whether negligent or not) of the Promoter, participating retailers and any of their employees, contractors and agents or employees of their contractors and agents or any person associated with any of them, except for any liability which cannot be excluded by law.
- The Promoters assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of entries. The Promoters is not responsible for any problems or technical malfunction of any telephone network or lines, mobile communications network, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoters on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this promotion. The Promoters reserve the right to take any action that may be available.
- The Promoter is Acushnet Australia Pty Ltd Unit 4, 2 Federation Way, Mentone Victoria 3194 (ABN: 23105 222 017), telephone 03 9540 5006.
- Authorised under NSW Permit LTPM/11/00942, ACT Permit TP 11/04743.
Copyright 2011 Acushnet Company. All rights reserved. The Titleist® and FootJoy® brands together comprise Acushnet Company.