This website is operated by Rapsodo Pte Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Rapsodo Pte Ltd. Rapsodo Pte Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are job seekers, employers, recruiters, agencies, browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our site or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service
SECTION 5 – Products Or Services
Certain products or services may be available exclusively online through the website. These products or services are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products, Services or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – Warranty, Return And Refund Policy
Rapsodo Pte Ltd does not refund any amount of any service purchased on the site (please refer hereafter for Rapsodo Baseball product). In the case where a company holding an account with Rapsodo Pte Ltd is dissolved or declares bankruptcy, no refund for the remaining subscription period will be issued.
For any purchase of Rapsodo Baseball products, Rapsodo Pte Ltd offers a 30-day money back guarantee on orders placed from our web-store. Please read the complete LIMITED WARRANTY, as well as the complete RETURN AND REFUND POLICY for this product here.
SECTION 7 – Accuracy Of Billing And Accout Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, cancel your purchase at any time. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
SECTION 8 – Accuracy Of Personal Information
We reserve the right to modify, delete, or suspend any information in your account or to suspend the entire account. We may, in our sole discretion, cancel your account at any time. In the event that we make a change to or cancel personal information or your account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to sign up or purchase a single account per person or company. More than one account per person or company is strictly prohibited. You agree to enter accurately and truthfully your personal information. You agree that all information provided by the site will be for your sole use and will not be copied, distributed, sold, rented, or otherwise transmitted or given to any third party.
SECTION 9 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – Third-Party Links
Certain content, products and services available via our site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 – Errors, Inaccuaracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Rapsodo Pte Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – Indemnification
You agree to indemnify, defend and hold harmless Rapsodo Pte Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – Govering Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
SECTION 20 – Changes To Terms Of Services
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – MLM Competitions Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING OR THE ARV OF THE PRICES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. COMPETITION PERIOD: Each Prized competition (“Competition”) begins and ends on the dates and times specified in the individual competition rules page (the “Competition Period”).
2. ELIGIBILITY: The Competition is open to all Rapsodo, Inc. (“Sponsor”) users residing in the United States who are either (a) at least 18 years old and who have been authorized to enter the Competitions by their parents or legal guardians, or (b) at least 18 years old (collectively, the “Entrant”). Sponsor and its respective parents, subsidiaries, affiliates, collaborators, distributors, retailers, sales representatives, advertising and promotion agencies (the “Competition Entities”) and each of their respective officers, directors, employees, affiliates and agents are ineligible to enter the Competition or win a prize. In no case shall the Competition Sponsor, their directors, officers, employees, affiliates, agents, contractors, interns, suppliers, partners, sponsors, service providers or licensors be liable for Entrant eligibility in or to participate in the events of any organization, such as but not limited to High School Athletics Associations, the National Collegiate Athletic Association, the United States Golf Association, etc., in conjunction with each organization’s rules, regulations and bylaws.
3. AGREEMENT TO RULES AND RIGHT OF PUBLICITY RELEASE: By participating in the Competition, each Entrant (if a minor, together with the Entrant’s parent or legal guardian) unconditionally accepts and agrees (a) to comply with and abide by these Official Rules, (b) to comply with and abide by the decisions of Sponsor, which shall be final and binding in all respects, and (c) that Sponsor or external sponsors and their assigns, licensees, successors and designees may use the Entrant’s name, city/state of residence, image, voice, appearances and likeness as embodied in the Entrant’s Rapsodo MLM profile, Entry and workout video(s) or otherwise, the Entrant’s Entry (if applicable) and /or profile picture for all their advertising, trade, promotional, marketing and/or any other purpose in any media or format throughout the world now or hereafter known without further compensation (financial or otherwise), permission or notification.
4. PRIZES: Number of Winners, prize(s) and their respective approximate retail value (“ARV”) are as outlined in the individual competition rules page.
Gift cards and gift certificates are subject to the terms and conditions of the issuer. Prizes cannot be transferred, redeemed for cash or substituted by the Winner(s). Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.
This Competition is open to only legal residents of the United States and the prize(s) will only be awarded and/or delivered to addresses within said locations, not including PO boxes. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the prize Winner. Failure to comply with the Official Rules will result in forfeiture of the prize.
5. HOW TO ENTER: The Competition must be entered during the Competition Period by following the instructions stated in the individual competition rules page. The maximum number of entries each Entrant may submit is as stated in the individual competition rules page.
Entries that (a) are not complete, (b) do not adhere to the rules, instructions or specifications (as stated in these Official Rules and/or in the individual competition rules page) or (c) are submitted by individuals who do not meet the eligibility requirements stated in these Official Rules may be disqualified at the sole discretion of Sponsor. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Any competition attempt must be made by the Entrant. Any attempt by Entrant to obtain more than the permissible number of entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void Entrant’s Entries and that Entrant may be disqualified. Sponsor’s database clock will be the official timekeeper for this Competition.
6. WINNER SELECTION: Winner(s) will be selected in the manner described in the individual competition rules page. Decision by the Sponsor or its designated representatives is final. Odds of winning will vary depending on the number of eligible Entries received. Each Entrant (if a minor, the Entrant’s parent or legal guardian) agrees that the Sponsor and any external sponsor entities and their designees and assigns may use the Entrant’s name, voice, city/state of residence, photos, video or film clips, and/or other visual likeness for advertising and/or trade purposes and/or any other purpose in any media or format now or hereafter known without further compensation (financial or otherwise), permission or notification. All shot videos must be uploaded to Sponsor’s database by competition end time for Winner(s) to be in consideration for prize(s).
7. WINNER NOTIFICATION: Winner(s) will be notified by email at the same email address through which they register with the Rapsodo MLM App. Potential Winner(s) must accept a prize by email within 7 calendar days of the date/time the Winner notification email is sent. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Any Winner notification not responded to within the stipulated time frame or returned as undeliverable may result in prize forfeiture and an alternate Winner may be selected.
Award of prize is conditional upon a potential Winner’s accepting, signing and returning of a form of declaration of eligibility release as provided by the Sponsor. Failure to timely return the declaration as required may result in prize forfeiture and an alternate Winner may be selected. Entrant(s) are eligible to win a prize once every ninety (90) day period.
The receipt by Winner of the prize offered in this Competition is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (DETERMINED AT SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS WINNER OF THE COMPETITION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. LIMITATION OF LIABILITY: Sponsor assumes no responsibility or liability for (a) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (b) any unauthorized access to, or theft, destruction or alteration of entries at any point in the operation of this Competition; (c) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, camera, computers or providers utilized in any aspect of the operation of the Competition; (d) inaccessibility or unavailability of any network or wireless service, the Internet or website or any combination thereof; (e) suspended or discontinued Internet, wireless or landline phone service; or (f) any injury or damage to participant’s or to any other person’s computer or mobile device which may be related to or resulting from any attempt to participate in the Competition or download of any materials in the Competition.
If, for any reason, the Competition is not capable of running as planned for reasons which may include without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Competition, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Competition in whole or in part. In such event, Sponsor shall immediately suspend all Winner determination and prize awards, and Sponsor reserves the right to award any remaining prizes (up to the total ARV as set forth in these Official Rules) in a manner deemed fair and equitable by Sponsor in its sole discretion. Sponsor and Competition Entities shall not have any further liability to any participant in connection with the Competition.
10. SPONSOR: The Sponsor of the Competition is Rapsodo, Inc. located at 51C Chesterfield Mall, Unit #212. Chesterfield, MO 63017 Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the Competition. For any questions relating to the Competition, please contact Sponsor at firstname.lastname@example.org
SECTION 22 – Dicks Sporting Goods Premium Subscription Offer
Open to legal US Residents 18+. Void where prohibited. New Rapsodo MLM users only. Limit one subscription per person/mailing address regardless of how many MLM units purchased. Valid on in-store and online purchases of the Rapsodo Mobile Launch Monitor. Purchases must be made no later than 8/29/21 and subscription must be redeemed no later than 9/12/21.
SECTION 23 – Mike Malaska Lesson Package and MLM Giveaway
OFFERED ONLY TO LEGAL RESIDENTS OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA, AGED 16 YEARS OR OLDER. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. DESCRIPTION: The Rapsodo x Malaska Golf Social Giveaway (the “Promotion”) is sponsored by Rapsodo, Inc. (the “Sponsor”) and offered between 12:00 AM Central Time (“CT”) on August 31, 2021 and 11:59 PM CT on September 1, 2021 (the “Offer Period”) via the Sponsor’s Instagram account at https://www.instagram.com/rapsodogolf/ (the “Social Media Platform”). During the Offer Period, Sponsor will make one or more posts which offer entry into the Promotion (a “Promotional Post”) on the Social Media Platform. You are not a winner until Sponsor or its designated administrator verifies your applicable entry and you have fully complied with these Official Rules.
2. ELIGIBILITY: The Promotion is open only to legal residents of the 48 Contiguous United States and the District of Columbia (the “Eligibility Area”) who are 16 years of age or older and have a valid Instagram account as of the date of entry. If you are under the age of majority in your jurisdiction of residence (a “Minor”), you must obtain permission from your parent or legal guardian (“Parent”) before participating. Free Instagram app download is available via www.instagram.com. Employees, officers and directors of Sponsor, its parents, subsidiaries, affiliates, participating advertising and promotion agencies, prize suppliers, advertising partners, and the immediate family members (spouses and siblings, children and parents and their spouses, and the “steps” of each, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible. Sponsor’s determinations of eligibility are final and may be made at any time. Void in Alaska, Hawaii, and where prohibited or restricted by law.
3. AGREEMENT TO OFFICIAL RULES: Participation in the Promotion constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding (and if entrant is a Minor, such entrant’s participation in the Promotion also constitutes such entrant’s Parents’ unconditional agreement to and acceptance of same, on behalf of themselves and on behalf of the entrant). Winning a prize is contingent upon fulfilling all requirements set forth herein. Any entrant may be disqualified at Sponsor’s sole discretion if they fail to comply with any of the terms of these Official Rules.
4. TO ENTER: When the Promotion is offered, you will see a Promotional Post offering entry into the Promotion, subject to your own Instagram settings and the frequency with which you check your Instagram news feed and/or Sponsor’s Instagram page. Entry instructions are as follows: earn one entry by following @RapsodoGolf and @MalaskaGolf on Instagram, “liking” the Promotional Post, and adding a comment to the Promotional Post where you tag two friends who have improved their golf game. Note that the friends you tag in your comment will not receive an entry into the Promotion by virtue of being tagged in your comment; however, they may also enter the Promotion if they wish (and if they are eligible under, and comply with, these Official Rules).
Entries must be completed no later than 11:59 PM CT on September 1, 2021.
Further, to remain eligible to claim a prize, entrants must remain followers of Sponsor’s account @RapsodoGolf (and of @MalaskaGolf) on Instagram through the time of prize award. Note that your Instagram account must be set to “public” or a similar setting that will allow Sponsor to see your entry. Your entry will not be considered successfully submitted if your Instagram account settings prevent Sponsor from seeing your entry. Entries and other submitted material become the property of Sponsor (subject only to terms imposed by Instagram) and will not be acknowledged or returned.
Do NOT include any of the following in your comment to the Promotional Post: (a) brand names, brand images, or brand logos (besides those of Rapsodo and Malaska Golf; (b) your email address or phone number; (c) any website address; (d) executable programming of any kind, including without limitation, viruses, worms, spyware, etc.; or (e) encrypted content of any kind. Should Sponsor determine that an entry is in violation of these Official Rules or any other applicable terms, Sponsor reserves the right to seek have the entry removed from the Social Media Platform, to disqualify the associated participant, and/or to take other actions it deems necessary, all in Sponsor’s sole discretion. See Section 5 below for important additional entry requirements. Each entry must meet all requirements.
Limit (1) entry per person and per Instagram account. Entries will not be judged; see Section 6 for information on random winner selection. Multiple entrants are not permitted to share the same Instagram account. Entries submitted in excess of stated limits will be void. Use of any automated system to enter as determined by Sponsor in its sole judgment is prohibited and will result in disqualification at Sponsor’s sole discretion. Any attempt by any entrant to obtain more than the stated maximum number of entries by using multiple/different Instagram accounts, identities, registrations, or logins, or through any other methods, may void all of that entrant’s entries and that entrant may be disqualified. Sponsor is under no obligation to correspond about entries, nor is Sponsor required to acknowledge its receipt of entries. Proof of submission of entry does not constitute proof of receipt of entry. In the event of a dispute as to the identity of the entrant associated with any entry, the authorized account holder of the Instagram account associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the account by the applicable Social Media Platform. Potential winner may be required to show proof of being the authorized account holder. In the event a dispute regarding the identity of the person who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. Normal Internet access and usage charges imposed by your online service will apply. If you post updates to or receive updates from Instagram from your wireless phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. You further understand that by participating in the Promotion via mobile phone, if you are a potential winner, the Sponsor may contact you via mobile phone, which will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information. Entrants are solely responsible for any related equipment, application, and internet access charges, if any. In addition to compliance with these Official Rules, all participation must also comply with the terms of service www.instagram.com/about/legal/terms.
5. ADDITIONAL ENTRY REQUIREMENTS: Any elements that appear in an entry including, without limitation, brand names, logos, images, must be either: (a) entirely original, created by the entrant; (b) property of the Sponsor and/or Malaska Golf (the “Provided Materials”); or (c) in the public domain. Sponsor grants to entrants a limited revocable, non-sub-licensable, license to use the Provided Materials for the sole purpose of creating an entry, if an entrant chooses to do so. Use of Provided Materials is not required for entry, nor will it affect an entrant’s chances of winning. In addition, entrant recognizes that all of the right, title, and interest in the Provided Materials as well as all derivative works created using the Provided Materials (including an entry) shall vest exclusively in Sponsor or Malaska Golf as applicable, and entrant will not have or take any action that might harm or adversely affect such rights. No right, title, or interest in and to the Provided Materials except for the limited license granted to entrant in these Official Rules is transferred or created.
Use of any prohibited elements in an entry may result in disqualification of the applicable entry, in the Sponsor’s sole discretion. Entrants must not engage in any violent, dangerous, or illegal behavior in creating an entry. Entries must not violate or encourage the violation of any law, rule or regulation. Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies. Entries must not defame or invade the privacy or publicity rights of any person (including, but not limited to, celebrities or celebrity look-alikes), living or deceased, or otherwise infringe upon a person’s personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following
requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor’s image (all as determined by Sponsor in its sole discretion) will be considered void.
By participating in the Promotion, you represent and warrant that: (a) you are the creator of your entry; (b) your entry is wholly original (apart from the Provided Materials or any allowable public domain elements); (c) your entry does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (d) your entry has not previously been entered in any other promotion; and (e) you own all rights to your entry (including, without limitation, the copyrights contained therein, and excluding any allowable public domain elements or the Provided Materials).
By participating in the Promotion, if you include a photo as part of your participation, you further represent and warrant that: (a) you have obtained written permission from each person whose image or likeness is included in the photo (and if such person is under the age of 18 or has not yet reached the age of majority in their jurisdiction of residence, you have also obtained written permission from that person’s parent or legal guardian); (b) if you are not the person who took the applicable photo, you have obtained written permission from the person who took the applicable photo and such person(s) have granted all necessary rights to use the applicable photo; (c) you can and will give written copies of such permissions to the Sponsor upon request; and (d) you understand that such documents may be required in order to be deemed a winner. Failure to provide said proof may result in disqualification of the entry from the applicable Promotion. Sponsor’s determination as to whether any entry potentially violates the rights of any third party is final. Submitting an entry that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you.
By participating in the Promotion, you grant the Sponsor and its affiliated companies the unconditional (subject only to any applicable rights of Instagram) and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, edit, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party. Without limiting the foregoing, Sponsor reserves the right to post an online gallery of entries selected in its sole discretion, or to re-post on Facebook, Instagram, and/or Twitter any entries selected in its sole discretion. Should Sponsor edit your entry for purposes of re-use, you are not relieved from responsibility for compliance with these Official Rules. You agree that, upon request by the Sponsor, you will sign a copyright assignment. By participating, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties (as defined below in Section 8), or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. You further acknowledge that, unless specified otherwise herein, the Sponsor is in no way obligated to broadcast, publish or use your entry in any way. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sponsor. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor.
Further, by participating, each entrant: (a) agrees to waive any claim for reimbursement for any equipment or materials necessary to submit an entry regardless of whether or not any particular entry is selected for any prize; (b) acknowledges that the material that will be submitted as part of the Promotion may embody materials, suggestions, or ideas similar to those which have been developed by others or by the Released Parties (as defined below in Section 8) and hereby acknowledges that any similarity is purely coincidental and unavoidable in light of the volume of ideas that the Released Parties routinely use and consider in the course of each of their business activities, and understands that they will not be entitled to any compensation because of use by the Released Parties of any materials similar to those in an entrant’s entry; (c) hereby waives any right to any claim or liability with respect to the Released Parties’ use of similar materials; and (d) understands that submitting any element that is copyrighted by another individual will result in the applicable entrant being responsible for any legal action the legal copyright holder might take against the Released Parties.
6. RANDOM DRAWINGS/PRIZE DESCRIPTIONS/ODDS: On or about September 2, 2021, Sponsor or its designee will conduct a random drawing to select one (1) potential winner from among all eligible entries received. The verified winner will receive a prize consisting of one (1) Rapsodo Golf Mobile Launch Monitor selected by Sponsor with an approximate retail value (“ARV”) of $499, plus one (1) “Coach Connect Lesson Package with Instructor Mike Malaska” selected by Sponsor with an ARV of $525. Total ARV of the prize is $1,024. See Section 7 below for additional prize restrictions and winner notification details. Odds of winning depend on the number of eligible entries received.
7. WINNER NOTIFICATION AND GENERAL PRIZE RESTRICTIONS: The name of each potential winner and/or their social media name and/or “handle” may be announced online prior to verification, however any such announcement is not a guarantee of eligibility. Each potential winner will be notified by Sponsor’s Instagram account @rapsodogolf via direct or private message on the Social Media Platform, or via a winner notification comment on the applicable Promotional Post where Sponsor will mention or tag the potential winner in the comment. The message or comment will instruct the potential winner to send a private message to the Sponsor along with the potential winner’s full name, email address, and telephone number, within 48 hours after the time that the comment/message was posted/sent. Note that a potential winner should make certain they are corresponding specifically with Sponsor’s Instagram account @rapsodogolf before providing any information. It is recommended that entrants confirm that their Social Media Platform notification settings are turned on as applicable, such that they would be notified in a timely fashion of Sponsor’s attempt to contact them in this manner. Potential winner must reply as instructed to identify him/herself, confirm their eligibility and ability to accept the prize, and provide their requested contact information within such 48 hour period, or they may be disqualified, in Sponsor’s sole discretion. If any potential winner is a Minor, the applicable prize will be awarded to the potential winner’s Parent, who must fulfill all requirements of a winner under these Official Rules. A potential winner (and if a Minor, their Parent) may subsequently be required to complete an affidavit of eligibility, a liability release, a copyright assignment, and (where legal) a publicity release, and any other releases or documentation deemed necessary for Sponsor’s intended use of the winning entry, which must be returned within the time period specified by Sponsor at the time of such request. Further, any potential winner of a prize valued at $600 or more will also be required to return a properly completed IRS W-9 form within the time period specified by Sponsor, and such winner will receive an IRS Form 1099 issued in his/her name for the actual value of prizes received. Proof of identity, age, and legal residence may be required to claim a prize. In Sponsor’s sole discretion, a potential winner may only be notified one time as set forth above for attempted prize notification. Any winner or potential winner may be disqualified in Sponsor’s sole discretion if: (a) they fail to reply or to provide any required information or properly completed documents within the required time period; (b) they fail to comply with any of the terms of these Official Rules; or (c) if any prize or prize notification is returned as undeliverable. In the event of disqualification of a winner, at Sponsor’s sole discretion the prize may be awarded to an alternate winner selected from among the remaining eligible entries for the applicable Promotion via the means of winner determination described herein, pending verification of eligibility. If any prize remains unclaimed after three (3) potential winners have been notified for that prize, the prize may remain unawarded, in Sponsor’s sole discretion. No responsibility is assumed by Sponsor for any incorrect or missing contact information associated with an entry, or any change of such contact information after entry submission. Any prize details and restrictions not specified will be determined by Sponsor in its sole discretion. No prize transfer. Unless otherwise specified herein, no prize substitution except at Sponsor’s sole discretion due to unavailability, in which case a prize of comparable or greater value will be awarded. All other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded are the sole responsibility of the applicable winner. Sponsor will not replace any lost, damaged or stolen prizes. All taxes (including without limitation Federal, state and local taxes) in connection with a prize, and the reporting consequence thereof, are the sole responsibility of the applicable winner. Unless otherwise indicated herein or in any applicable manufacturer’s warranty information, all prizes are awarded as-is and without warranty of any kind, implied or express. Any difference between the approximate value and actual value of a prize (or any substitution prize) will not be awarded. Winner should expect to receive their prize within approximately 2 to 4 weeks following winner verification. Prizes will only be shipped to an address within the Eligibility Area.
8. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Promotion, entrants agree to release and hold harmless Sponsor, Malaska Golf, Facebook, Inc., Instagram, LLC, and Twitter, Inc., together with their respective parents, subsidiaries, affiliates, advertising and promotion agencies, prize suppliers, and advertising partners, together with the respective officers, directors, shareholders, employees, and agents of each (aforementioned individuals and organizations collectively, the “Released Parties”) from and against any and all losses, damages, rights, claims and actions arising out of participation in the Promotion or receipt or use/misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Promotion; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors or any errors made in the advertisement of the Promotion; (d) errors in the administration of the Promotion or the processing of entries; (e) changes to Social Media Platform policies and procedures that may interfere with the operation of the Promotion; (f) content filtering or any malfunction/error/failure which may impact the accessibility of a Promotional Post, entries, or the transmission or receipt of winner verification notices (or other communications with a winner or potential winner); (g) claims based on publicity rights, defamation and/or invasion of privacy and the collection, use and/or sharing by Sponsor of personally identifiable information of the entrants; or (h) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s
participation in the Promotion or receipt of any prize. Without limiting the foregoing, the Promotion, all prizes, and all materials provided on or through any Promotion-related website are provided “as is” without warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. INDEMNITY: By participating, each entrant agrees to indemnify and hold the Released Parties harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties due to or arising out of their entry, or their conduct in creating an entry or otherwise in connection with their participation in the Promotion, including but not limited to: claims for trademark infringement; copyright infringement; violation of an individual’s right of publicity or right of privacy; or defamation.
10. GENERAL: Released Parties and Internet/wireless access providers are not responsible for: (a) incomplete, lost, late, misdirected, damaged, garbled, or illegible entries; (b) any technical malfunction, human error, typographical error, lost/delayed data transmission, omission, interruption, deletion, defect or line failure in connection with any telephone/cellular network, data network, computer equipment, software or any combination thereof; (c) inaccessibility of any website in whole or in part for any reason or (d) any injury or damage to entrant’s or any other person’s computer, mobile device or other equipment related to or resulting from participation in the Promotion. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way or otherwise not in compliance with these Official Rules. Although Sponsor attempts to ensure the integrity of the Promotion, Released Parties are not responsible for the actions of entrants or other individuals in connection with the Promotion, including entrants’ or other individuals’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. In the event of any conflict between any details contained in these Official Rules and the details contained in any Promotion advertising materials, the details as set forth in these Official Rules shall prevail. If, for any reason, the Promotion (or portion thereof) is not capable of running as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, by reason of any acts of God, disease, terrorist acts, earthquake, war, fire, flood, unusually severe weather, strikes or legal disputes (whether legal or illegal), industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine or otherwise affect the administration, security, fairness, integrity, viability or proper conduct of the Promotion, Sponsor reserves the right in its sole and absolute discretion to either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; (b) award the prize(s) for the affected Promotion from among the applicable eligible entries received for such affected Promotion up to the time of the impairment; or (c) proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Entry must be made by the entrant and via the means described in these Official Rules only. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute discretion. Participants agree to waive any rights to claim ambiguity of these Official Rules.
12. PUBLICITY: By participating, you grant to Sponsor and its affiliated companies the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), social media handle(s), voice,
biographical information, entry, and written or oral statements (the “Materials”), for advertising and promotional purposes in promoting or publicizing Sponsor, its affiliated companies, and the products or services of each, in any and all media without limitation as to time or territory, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of the Materials.
13. DISPUTES/CHOICE OF LAW: Except where prohibited, by participating in the Promotion you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state and federal courts with jurisdiction over St Louis County, Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion (if any) but in no event attorneys’ fees; (c) under no circumstances will you be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased; and (d) your remedies are limited to a claim for money damages (if any) and you irrevocably waive any right to seek injunctive or equitable relief. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Missouri, without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri.
14. SEVERABILITY/HEADINGS: If any provision of these Official Rules is found to be void or unenforceable for any reason, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
16. WHO WON?: For the first name, last initial, city, and state of the winner(s), mail a self-addressed, stamped envelope to be received by November 1, 2021 to: Rapsodo x Malaska Golf Social Giveaway Winner List, PO Box 750, Southbury, CT 06488-0750. Winner may also be announced on the Sponsor’s website and/or social media accounts, at Sponsor’s sole discretion.
Any third-party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third-party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion. The above referenced Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or Twitter. You understand that you are providing your information to Sponsor, not to Facebook, Instagram, or Twitter. Any questions, comments or complaints regarding the Promotion must be directed to the Sponsor and not to Facebook, Instagram or Twitter.
Sponsor: Rapsodo, Inc., 51C Chesterfield Mall, Chesterfield, MO 63017
© 2021 Rapsodo, Inc. All rights reserved.
SECTION 24 – Coach Connect Promotion: Sept. 2-5
To redeem your free Coach Connect lesson, download the Rapsodo MLM app and perform the following: 1) Create or log into your MLM account using your email. 2) Click on the “Coach” tab at the bottom of the app. 3) Choose a coach to complete your lesson with. 4) Enter coupon code “CCTOUR” to your order and select “Proceed to Checkout”. 5) Lesson credit will be applied at checkout.
Open to legal US Residents 18+. Void where prohibited. New Rapsodo MLM users only. Limit one subscription per person/mailing address regardless of how many MLM units purchased. Valid only on online purchases of the Rapsodo Mobile Launch Monitor. Lessons must be completed with participating coaches. Code “CCTOUR” is worth $50 and can only be used once. Cannot be used to purchase a lesson package or monthly subscription. Purchases must be made no later than 9/05/21 and lessons must be redeemed no later than 10/05/2021.
SECTION 25 – Contact Information
Rapsodo Pte Ltd
67 Ayer Rajah Crescent