Wednesday, 21 March 2018
European Tour flag  (European Tour)
European Tour flag (European Tour)

COMPETITION TERMS AND CONDITIONS

1.     These terms and conditions apply to all competitions featured online at www.europeantour.com (the “Website”), on the PGA European Tour app (the “App”),  or on any of PGA European Tour’s social media channels, including, but not limited to, Facebook, Twitter and Instagram (“Social Network Sites”), and any other competitions organised by PGA European Tour (or a third party on PGA European Tour’s behalf).

2.     By entering a competition, entrants accept these terms and conditions together with any specific instructions and terms for such competition which may be mentioned in any electronic messages, or on the Website or App, or communicated to entrants in any other way (“competition information”). Such competition information shall prevail in the event of there being any inconsistency between these competition terms and conditions and any competition information.

3.     PGA European Tour may cancel or amend any competition, competition information, or these terms and conditions without prior notice. Any changes will be posted either within the competition information or these terms and conditions.

Competition Entry

4.     Entry to the competition and the award of a prize is subject to any local laws or restrictions and PGA European Tour reserves the rights to hold void, cancel, suspend or amend the competition where it becomes necessary to do so.

5.     Entrants 10 years of age or under must obtain permission from a parent or guardian before entering. There is no maximum age limit unless specified otherwise in the competition information.

6.     Where a prize involves travel of any description, any winner under the age of 18 must be accompanied by an adult.

7.     Employees and members of their immediate families (including any live-in partner or household member) of any of the following may not enter:

a.      companies within PGA European Tour’s group of companies;

b.     any company involved in the organisation, management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries; and

c.      any company involved in any capacity in the production or sponsorship of a promotion to which the competition relates.

8.     Where the competition information specifies a minimum or maximum age limit PGA European Tour reserves the right to ask for proof of age, and may use any channels and methods available to carry out checks of any details provided. Entrants may only enter the competition in their own name.

9.     The opening and closing dates and times for entries are as indicated in the competition information.

10.   By entering the competition entrants warrant that all information submitted by them is accurate, true, current, and complete. Entrants also warrant that they are the copyright owners of any copyright works submitted, for example photographs and drawings, and PGA European Tour’s use of such works will not infringe the rights of any third party.

11.   Where indicated in the competition information, some competitions are only open to registered users of the Website or App. There is no charge for registration.

12.   Entry to the competition may only be made through the applicable method(s) indicated in the competition information. Not all of the following methods of entry may be available for entry to each competition. The following terms and conditions will apply where the method is indicated as being available in the competition information.

a.      Web entry

Where specified in the competition information as an available method of entry to the competition, web entrants are required to follow the instructions on the Website as indicated in the competition information. Web entrants may be required to supply their name, and/or email address and/or a contact telephone number and/or any other details.

b.     E-mail entry

Where specified as an available method of entry to the competition, e-mail entrants may enter the competition by sending an e-mail with the information indicated in the competition information and to the email address indicated. There is no charge for email entries. Entrants may receive a message confirming their entry to the competition. Internet service providers’ fees may apply when accessing the internet.

c.      App entry

Where specified as an available method of entry to the competition, App entrants may enter the competition by responding and/or providing information indicated, as required in the competition information. There is no charge for such entries. Internet service providers’ fees may apply when accessing the internet.

d.     Entry via Social Network Sites

Where specified as an available method of entry to the competition, Social Network Site entrants may enter the competition by responding and/or providing information indicated, as required in the competition information. There is no charge for such entries. Internet service providers’ fees may apply when accessing the internet. 

13.   Neither PGA European Tour nor its servants, agents, nor any other party or organisation involved in the management, promotion, or administration of the competition or its entry routes or donation of prizes or their agents or subsidiaries involved in the competition will accept responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions (including but not limited to security functions by software used by PGA European Tour or any third party), virus, bugs, or other causes outside its control.

14.   Entries submitted through agents or third parties or in bulk (i.e. more entries than a human being could submit in the time available without the use of software or other devices designed to make automated entries) will not be accepted. Unless stated otherwise in the competition information, no more than one (1) prize per person per competition will be awarded. 

15.   Any entries which are incomplete, incorrect, inaudible, incomprehensible, or not received by PGA European Tour will be void. PGA European Tour reserves the right to consider valid entries using a range of alternate keywords acceptable to PGA European Tour. All other terms and conditions apply to an alternate keyword entry.

16.   In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of an entry or any answers given by entrants (if applicable), or the operation of any part of the competition, network or phone system, the decision of PGA European Tour shall be final and no correspondence will be entered into.

17.   PGA European Tour will not be liable to reimburse any expenses arising out of or incurred in making an entry in any competition. Where PGA European Tour decides in its sole discretion that an entrant is eligible for a refund, eligibility for such refunds will be notified to relevant entrants. PGA European Tour reserves the right to refuse to make a refund where it suspects dishonest or fraudulent conduct on the entrant’s part or where the entrant has not complied with the rules of the competition (for example, in exceeding the maximum number of entries).

Prizes

18.   The prize is as specified in the competition information.

19.   Where the prize involves the winner travelling, the winner (and their companion(s) if applicable) may be required to hold a valid passport and/or other necessary travel documentation (including without limitation any visas). Where the prize necessitates travel on a specific date, the winner (and their companion(s) if applicable) must be able to travel on the date specified by PGA European Tour, or the competition information, and no alternative dates will be available. Where there are multiple people travelling, the winner and their companion(s) must travel at the same time on the same itinerary.

20.   Where the prize involves travel or another experience on a date and/or destination to be chosen by the winner, the date and/or destination chosen is subject to availability and the prize must be taken within twelve (12) months of the winner being notified of their win, unless specified otherwise in the competition information. The winner must provide PGA European Tour with their preferred date and/or destination within twenty-eight (28) days of being notified of their win. PGA European Tour will use reasonable endeavours to arrange the prize for the winner’s preferred date and/or destination, but these are subject to availability and PGA European Tour reserves the right to require the winner to take the prize on alternative dates and/or to an alternative destination of PGA European Tour’s choice.

21.   Where the prize involves travel to a destination outside the United Kingdom, PGA European Tour will use reasonable endeavours to arrange direct flights from an airport conveniently located for the winner but may require the winner to fly from an alternative airport. The winner is solely responsible for travel to and from the airport specified by PGA European Tour and all insurance and applicable taxes and for any costs, expenses and charges not specified as being included in the prize description in the competition information.

22.   The prize is also subject to the terms and conditions of the manufacturer or supplier.

23.   The prize winner will be the first valid entry (or such number of entries as specified in the competition information) drawn at random from a pool of entries received, which pool may include void entries, subject to eligibility and winner confirmation, unless otherwise stated in the competition information. The competition information will detail the judging criteria on which the winning entry (or entries) will be selected, where the winner is not randomly selected. Where the winner is randomly selected from all correct and valid entries, the draw for the winner will where possible take place within seven (7) days of the date on which the competition closes.

24.   Prize draw prizes will be awarded in accordance with the laws of chance and, if required by law or regulation, under the supervision of an independent observer. Any competition requiring a subjective assessment in the selection of winning entries will be judged from all valid entries by PGA European Tour or as indicated in the competition information and, if required by law or regulation, an independent judge or a panel including one member who is independent of the competition’s promoters and intermediaries. Selection of winning entries is final and no correspondence will be entered into.

25.   Should more prizes be claimed than are available for any reason, a simple prize draw will take place for the available prize(s). 

26.   Winner contact:

a.      General contact: Any winner/s will be contacted as soon as it is practicable on or after the draw date or judging date (as appropriate) as indicated in the competition information. Reasonable efforts will be made to contact a winner on the phone number provided (or other method of contact if appropriate) when entering the competition. Unless the prize is time critical or time sensitive, PGA European Tour or its representative will try to contact the winner over a seven (7) day period.

b.     Time critical: Where the prize must be taken up within one (1) month of the close date of the competition, this will be considered “time critical”. As a winner needs to be picked and contacted before this time period passes, the competition information will indicate the date/date range upon which the winner will be contacted and PGA European Tour or its representative will attempt to contact the winner on the phone number (or other method of contact if appropriate) provided, as indicated in the competition information.

c.      Time sensitive: Where the prize must be taken up by a date which is more than one (1) month but less than three (3) months after the close date of the competition, unless otherwise stated in the competition information, PGA European Tour or its representative will contact the winner on the phone number (or other method of contact if appropriate) provided, calling on weekdays and as appropriate at the weekend or as indicated in the competition information.

d.     In the event that the winner cannot be contacted (or fails to respond to any message left) within the time periods set out above (or in the competition information) or if the winner fails to provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, this may result in forfeiture of the prize and PGA European Tour reserves the right to disqualify that entrant (without further liability to that entrant) and offer the prize to the next eligible entrant and thereafter until a winner is found.

27.   PGA European Tour may in its sole discretion refuse to provide a prize, or seek its recovery, in the event of non-entitlement under these terms and conditions or an entrant’s breach of these terms and conditions, the Website’s terms of use, fraud, dishonesty, or other inappropriate or improper conduct including but not limited to the use of technology which enables an entrant to evade charges when entering the competition or the improper use of technology when entering the competition, for example submitting a computer generated drawing where a human drawing is required. Where a competition can be entered online PGA European Tour reserves the right to refuse to provide a prize if the winner’s MyEuropeanTour account has been cancelled for any reason and/or the winner has been banned from registering a new MyEuropeanTour account for any reason.

28.   Any entrant who enters or attempts to enter the competition in a manner, which in PGA European Tour’s determination, is contrary to these terms and conditions or is fraudulent or unjust to other entrants (including without limitation tampering with the operation of the competition, hacking, cheating, deception, or any other unfair playing practices such as intending to annoy, abuse, threaten, or harass any other entrants or PGA European Tour and/or any of its agents or representatives), may be declined entry to the competition at PGA European Tour’s sole discretion.

29.   PGA European Tour reserves the right to modify, cancel, terminate or suspend the Competition in whole or in part, at its sole discretion, if it believes the Competition is not capable of being conducted as specified in these terms and conditions or in the event of a virus, computer bug or unauthorised human intervention or any other cause that is beyond the reasonable control of PGA European Tour that could corrupt or affect the administration, security, impartiality, or normal course of the Competition. 

30.   PGA European Tour reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and/or identity requested by PGA European Tour has been confirmed or if such proof is not produced on request or to disqualify the entrant from the competition.

31.   PGA European Tour endeavours to deliver the prize as soon as it is practicable from the date of making contact with the winner, unless otherwise specified to the winner. Delivery restrictions may apply. No cash equivalent (where applicable) or alternative prize will be given and the prize is non-transferable and non-exchangeable. However, PGA European Tour reserves the right to change the prize due to circumstances beyond its control or to offer an alternative of similar value.

32.   Where the prize and/or information relating to the prize is to be provided directly to the winner by a third party, the winner (and where applicable, their companion(s)) is (are) required to comply with all instructions and necessary requirements as may be specified by the third party to receive and/or take up the prize, including but not limited to contacting such third party within specified timeframes, adhering to the itinerary as specified, paying any required charges and/or costs which are not included in the prize, completing any required forms including but not limited to booking forms and to delivering any required documentation to that third party, including but not limited to proof of identification. PGA European Tour will accept no responsibility and will not be liable to the winner or any other persons where the winner fails to comply with such instructions and such failure may result in forfeiture of the prize.

33.   For delivery of the prize, you may be required to be available at a specified time and place.

34.   The winner will be contacted as soon as practicable on or after the draw date or judging date (as appropriate) as indicated in the competition information. Reasonable efforts will be made to contact a winner on the phone number or email address provided when entering the competition or such other method of contact deemed appropriate by PGA European Tour in its sole discretion in the circumstances. If the winner cannot be contacted or successful contact is not made within the fixed time period as specified or if the winner fails to provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the interaction terms and conditions, this may result in forfeiture of the prize and PGA European Tour reserves the right to disqualify that winner (without further liability to that winner) and offer the prize to the next eligible entrant and thereafter until a winner is found.

35.   Any entrant and/or winner must comply with any directions given to them by PGA European Tour, the prize provider(s) and/or their agents and with all relevant laws, rules and regulations, restrictions, itinerary, and where applicable, in compliance with the Ofcom Broadcasting Code. Failure to comply with instructions, itineraries, rules, restrictions, requirements, laws and guidelines may result in an invalid entry and/or forfeiture of the prize.

36.   By entering the competition entrants grant to PGA European Tour a non-exclusive licence to use and publish their entry in any media for the purpose of announcing the winner.

Data Protection and Publicity

37.   PGA European Tour (or any third party nominated by PGA European Tour) may exercise its sole discretion to use the winner’s (and (if applicable) their companion’s) name, address, and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice and/or without charge. 

38.   Information and data (“personal data”) which is provided by entrants when they enter will be held and used by PGA European Tour and its suppliers and contractors in order to administer the competition. Where necessary, entrants’ personal data may also be passed to relevant regulatory bodies including the police or other authorities in the course of the investigation of any complaints or suspected unlawful activity in connection with the competition. Aggregate, non-personal data may also be used for the purpose of undertaking market research or in facilitating reviews, developments and improvements to relevant services.

39.   Any personal data will only otherwise be used in accordance with PGA European Tour’s privacy policy which can be viewed at http://www.europeantour.com/aboutus/privacy/index.html. Any entrant who is entering the competition via e-mail may opt out of receiving any marketing communications from PGA European Tour at the end of the e-mail. For more details about how PGA European Tour uses data for marketing, please see PGA European Tour’s privacy policy.

40.   PGA European Tour and/or the prize provider may be required to send personal data of the winner of a competition (and where applicable, their companion(s)) to third parties outside the European Economic Area, for the purposes of fulfilling and administering the competition and/or the prize and the winner agrees to such transfer for these purposes.

41.   Winners will be listed on the competition winners’ page and, where applicable, winners’ names may be mentioned in the relevant PGA European Tour tournament programme, on other websites or on social media. This means that if you are a winner, your name and location may be published on the Website, announced in the relevant PGA European Tour  tournament programme or included on other websites or on social media.

42.   By entering any of competition you agree that you do not have any commercial relationship with PGA European Tour or the prize provider, and that you are not an agent of PGA European Tour or the prize provider.

Liability

43.   Nothing in these terms and conditions restricts your statutory rights as a consumer.

44.   Nothing in these terms and conditions shall exclude or limit PGA European Tour’s liability for death or personal injury caused by their staff or supplier’s negligence or for fraud. Subject to this, PGA European Tour cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the competition or as a result of accepting any prize. PGA European Tour is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in the competition.

45.   Subject to Clause 39 above, PGA European Tour reserves the right to amend any element of a competition for reasons beyond its reasonable control, including, but not limited to the unavailability of the vote, poll, competition or prize draw entry platform before the closing date, or for strike, lock-out, labour dispute, illness, act of God, natural disaster, adverse weather conditions, war, riot, civil commotion, accident, epidemic or pandemic, malicious damage, fire, flood and/or storm, compliance with law or governmental order, rule, regulation or direction, breakdown of plant, machinery or transportation. PGA European Tour is not responsible for any loss or damage caused to you as a result of any of these occurrences.

46.   PGA European Tour cannot promise that the services relating to the competition will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. These services may be suspended temporarily and without notice in the case of system failure, maintenance or repair, network issues, or for reasons reasonably beyond the control of PGA European Tour. PGA European Tour will not be liable in the event that all or any part of the service relating to the competition is discontinued, modified or changed in any way.

47.   You agree to reimburse PGA European Tour in respect of any damages suffered by PGA European Tour or any losses by PGA European Tour resulting from any claim made by a third party in each case in respect of any matter arising from your use of the services relating to the competition in breach of the interaction terms and conditions or from your violating of any applicable law or regulation.

Standard terms 

48.   In the event that any entrant does not, or is unable to, comply with and meet these terms and conditions and the competition information, PGA European Tour shall be entitled at its sole discretion to disqualify such entrant, without any further liability to such entrant. In these circumstances, any prize(s) won by the entrant may be forfeited and PGA European Tour reserves the right to reclaim any prize(s) already distributed to the entrant. Any entrant must comply with any directions given to him or her by PGA European Tour including but not limited to any and all relevant laws, rules and regulations.

49.   The invalidity or unenforceability of any provision of these terms and conditions 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 terms and conditions 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.

50.   Each competition is governed by the laws of England and Wales and the English Courts will have exclusive jurisdiction over any claims or proceedings in connection with the competition.

51.   The promoter of the competition is PGA European Tour, European Tour Building, Wentworth Drive, Virginia Water, Surrey, GU25 4LX, United Kingdom.

52.   These terms and conditions were last updated on 05 February 2018.  

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