1. Introduction
Welcome to http://www.travismathew.com (the “Website”). The Website is owned and operated by travisMathew, LLC, and its subsidiaries and affiliates (collectively referred to herein as “TravisMathew,” “we,” “us” and “our”).
By using the Website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the “Agreement”) and any and all rules, guidelines and directions found throughout the Website. Please read this Agreement carefully. This Agreement applies to all users of the Website, including users who are viewers of material on the Website and users who register for the Website as set forth below in Section 6.
By using the Website you also represent that you are at least 13 years old. TravisMathew does not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. YOU MAY NOT USE OR REGISTER FOR THE WEBSITE IF YOU ARE UNDER THE AGE OF 13.
In addition, when you use any current or future version of the
Website, you also will be subject to the terms and conditions of
this Agreement. Please print a copy of this Agreement for your
records. We may, from time to time, modify the terms of this
Agreement. When we make changes, we will post those in a new Terms
of Use Agreement. Your use of the Website following any such
modification constitutes your agreement to the terms of the modified
Agreement. You should visit this page periodically to learn of any
changes to this Agreement.
2. PRIVACY
Please review our Privacy Policy, which also governs your visit to
the Website, to understand our privacy practices. The terms and
conditions of our Privacy Policy are incorporated herein and made a
part of this Agreement.
3. CONSIDERATION
You acknowledge that this Agreement is supported by reasonable and
valuable consideration, the receipt and adequacy of which is hereby
acknowledged. Without limiting the foregoing, you acknowledge that
such consideration includes, without limitation, your use of the
Website and receipt of data, materials and information available at
or through the Website.
4. RESTRICTIONS ON USE OF MATERIALS
Trademarks. TravisMathew and other trademarks, service marks, trade
names, and trade dress indicated on our Website are trademarks or
registered trademarks of TravisMathew and its affiliates. All rights
in such names are hereby reserved. The use or misuse of these
trademarks or any materials, except as permitted herein, is
expressly prohibited, and nothing stated or implied on the Website
confers on you any license or right under any patent or trademark
owned or controlled by TravisMathew or any third party.
Copyright. All information, text, images, photographs, graphics,
videos, music, user interface and other content and materials
contained on the Website are the copyrighted property of
TravisMathew or its third-party licensors to the full extent
provided under the United States Copyright Act and all international
copyright laws. Under applicable copyright laws, you are prohibited
from copying, reproducing, modifying, distributing, displaying,
performing, or transmitting any of the contents of the Website for
any purposes. Nothing stated or implied on the Website confers on
you any license or right under any copyright of TravisMathew or any
third party.
The Website and the information contained in reference herein are
for your personal, non-commercial use only. Except as otherwise
specifically permitted herein, you shall not broadcast, duplicate,
copy, reproduce, edit, manipulate, modify, publish, rent, sell,
publicly display, perform, distribute, transmit, or circulate to
anyone the contents of the Website, or use the contents of the
Website in litigation, or for any commercial or promotional
purposes, without the express written consent of TravisMathew or its
lawful successors and assigns.
For usage permission, please contact us via e-mail at
info@travismathew.com
5. NOTICE OF COPYRIGHT INFRINGEMENT
We respect and honor the intellectual property of others. If you
believe that your work has been copied and is accessible on the
Website in a way that constitutes copyright infringement, please
provide our copyright agent with the following information:
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(1) Identification of the copyrighted work claimed to have been
infringed;
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(2) Identification of the allegedly infringing material on the
Website that is requested to be removed;
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(3) Your name, address, and daytime telephone number, and an
e-mail address if available, so that we may contact you if
necessary;
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(4) A statement that you have a good faith belief that the use of
the copyrighted work is not authorized by the copyright owner, its
agent, or the law;
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(5) A statement that the information in the notification is
accurate and, under penalty of perjury, that the signatory is
authorized to act on behalf of the owner of an exclusive copyright
right that is allegedly infringed;
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(6) An electronic or physical signature of the copyright owner or
someone authorized on the owner’s behalf to assert infringement of
copyright and to submit the statement.
Our copyright agent for notice of claims of copyright infringement
on the Website is TravisMathew’s General Counsel, who can be reached
as follows:
GENERAL COUNSEL
6. REGISTRATION
You do not have to register to view the Website. You can visit the
Website, read articles and other materials, browse merchandise, post
comments and product reviews, and check on offerings without
registering for a user account. You can also contact us about a
particular video, picture, audio file or other posting without
having an account. However, you must register for an account in
order to access the full features of the Website, including but not
limited to the ability to purchase products through the Website. To
register, you must create a user account, which requires you to
provide your e-mail address and select a password. When creating a
user account, you must provide accurate, complete and updated
registration information. You are solely responsible for the
activity that occurs on your account, and you must keep your account
password secure. You must notify TravisMathew immediately of any
breach of security or unauthorized use of your account. TravisMathew
will not be liable for any losses caused by any unauthorized use of
your account. TravisMathew reserves the right to refuse registration
or terminate a user account at any time in its sole discretion. You
may also terminate or discontinue your own account at any time.
7. COMMENTS AND UNSOLICITED SUBMISSIONS
We welcome your comments and feedback about the Website and our
products. In addition, in some places the Website enables users to
post comments and product reviews which may be viewed by other
users. Any comments, reviews, testimonials, feedback, notes,
messages, ideas, suggestions or other communications (collectively,
“Comments”) posted to the Website or sent to us, whether through the
Website, e-mail, facsimile, U.S. mail or by other means, shall be
and remain the exclusive property of TravisMathew. Your submission
of any such Comments shall constitute an irrevocable assignment to
TravisMathew of any and all worldwide rights, titles and interests
in all copyrights and other intellectual property rights in the
Comments. As such, TravisMathew (and its licensees, distributors,
agents, representatives and other authorized users) will be entitled
to use, reproduce, disclose, publish and distribute any material you
submit for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not
send us any Comments which you do not intend to assign to us,
including any confidential materials such as product ideas,
concepts, data, technical information, suggestions, photographs,
artwork, stories, videos, audiovisual works, sound recordings,
program formats, characterizations and/or other similar materials
(“Unsolicited Submissions”).
If, despite our request, you intentionally or unintentionally send
us Unsolicited Submissions, we (and our licensees, distributors,
agents, representatives and other authorized users) shall be
entitled to unrestricted use of such Unsolicited Submissions for any
purpose whatsoever, commercial or otherwise, without the requirement
of any permission from or payment to you or to any other person or
entity. If there exists any doubt or ambiguity about whether any
material constitutes an Unsolicited Submission, such material shall
be conclusively deemed to be an Unsolicited Submission. No
Unsolicited Submission shall be subject to any obligation of
confidentiality on our part and we shall not be liable for any use
or disclosure of any Unsolicited Submission. Without limiting the
foregoing, you hereby grant TravisMathew (and its licensees,
distributors, agents, representatives and other authorized users),
without the requirement of any permission from or payment to you or
to any other person or entity, a perpetual, non-exclusive,
irrevocable, fully-paid, royalty-free, sub-licensable and
transferable worldwide license to use, re-use, reproduce, transmit,
print, publish, display, exhibit, distribute, re-distribute, copy,
host, store, cache, archive, index, categorize, comment on,
broadcast, stream, edit, alter, modify, adapt, translate, create
derivative works based upon and publicly perform such Unsolicited
Submissions, in whole or in part, in all media formats and channels
now known or hereafter devised for any and all purposes including,
without limitation, news, advertising, promotional, marketing,
publicity, trade or commercial purposes, all without further notice
to you and with or without attribution (the “Submissions License”).
You agree to the foregoing grant of rights, consents, agreements and
assignments whether or not your Unsolicited Submissions are used by
us.
You hereby appoint us as your agent with full power to enter into
and execute any document and/or do any act we may consider
appropriate to confirm the grant of rights, consents, agreements,
assignments and waivers set forth in this Agreement.
You agree that any Unsolicited Submissions you make are not being
made in confidence or trust and that no confidential or fiduciary
relationship is intended or created between you and us in any way.
To the extent any “moral rights,” “ancillary rights,” or similar
rights in or to the Unsolicited Submissions exist and are not
exclusively owned by us, you agree not to enforce any such rights as
to us or our licensees, distributors, agents, representatives and
other authorized users, and you shall procure the same agreement not
to enforce from any others who may possess such rights.
The terms of the Submissions License shall govern our right to use
all Unsolicited Submissions. Without limiting the scope of the
Submissions License or any future grant of rights, consents,
agreements, assignments and waivers you may make with respect to
Unsolicited Submissions, you hereby ratify any prior grant of
rights, consents, agreements, assignments and waivers made by you
with respect to Unsolicited Submissions submitted by you to us.
8. LICENSE AND WEBSITE ACCESS
TravisMathew grants you a limited, revocable and nonexclusive
license to access and make personal use of the Website but not to
download (other than page caching) or modify it, or any portion of
it, except with express written consent of TravisMathew. This
license does not include any resale or commercial use of the Website
or its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of the Website or its
contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots,
spiders or similar data gathering and extraction tools
Neither the Website nor any portion of the Website may be
reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
of TravisMathew. You may not frame or use framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of TravisMathew and
its affiliates, licensors or licensees without express written
consent of TravisMathew. You may not use meta tags or any other
hidden text using TravisMathew’s name or trademarks without the
express written consent of TravisMathew. Any unauthorized use will
immediately terminate the permission or license granted by
TravisMathew.
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of TravisMathew so long as the
link does not portray TravisMathew or its products or services in a
false, misleading, derogatory, or otherwise offensive manner as
determined by TravisMathew in its sole discretion. You may not use
any TravisMathew logo or other proprietary graphic or trademark as
part of the link without express written permission of TravisMathew.
You may not make any other part of the Website, other than the home
page of the Website, available as part of another service by “deep
linking,” or otherwise, without prior written permission from
TravisMathew.
9. THIRD-PARTY AND CO-BRANDED WEBSITES
The Website may contain hyperlinks (“links”) to websites operated by
persons or entities other than TravisMathew (“third-party Websites”)
or to co-branded websites operated by a third party, including
TravisMathew’s affiliates and licensees (“co-branded Websites”). We
provide such links for your reference and convenience only. A link
from the Website to a third-party or co-branded Website does not
mean or imply that TravisMathew endorses the content on that
third-party or co-branded Website or the operator or operations of
that third-party or co-branded Website. TravisMathew explicitly
disclaims any responsibility for the accuracy, completeness or
availability of information, content and materials found on any
third-party or co-branded Website. TravisMathew does not endorse any
of the merchandise, nor can we ensure that you will be satisfied
with any products or services that you purchase from a third-party
or co-branded Website. TravisMathew does not make any
representations or warranties as to the security of any information,
content or materials (including, without limitation, credit card and
other personal information) you might be requested to give to any
third-party. You hereby irrevocably waive any claim against
TravisMathew with respect to information, content and materials
contained on any third-party or co-branded Website, and any
information, content and materials you provide to such third-party
or co-branded Website (including, without limitation, credit card
and other personal information). You are solely responsible for
determining the extent to which you use any content at any
third-party or co-branded Website to which you might link from our
Website. We therefore strongly encourage you to make whatever
investigation you feel necessary or appropriate before proceeding
with any Online or offline transaction with any of these
third-parties.
TRAVISMATHEW IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES
INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR
CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR
CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY
TRANSACTION.
10. YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your
use of the Website, and such further limitations as may be set forth
in any written or on-screen notice from TravisMathew. As a condition
of your use of the Website, you warrant that you will not use the
Website for any purpose that is unlawful or prohibited by this
Agreement. All information that you provide in connection with any
interaction with the Website or any co-branded Website must be
accurate, complete, and current.
By using the Website, you agree not to violate or attempt to violate
the security of the Website, including, by way of illustration but
not limitation, actions such as accessing data not intended for you
or logging into a server or account that you are not authorized to
access; attempting to probe, scan, or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization; attempting to interfere with service
to any user, host, or network, including, without limitation, by way
of submitting a virus to or overloading, “flooding,” “spamming,”
“mailbombing,” or “crashing” the Website; sending unsolicited
e-mail, including promotions and/or advertising of products or
services; and forging any TCP/IP packet header or any part of the
header information in any e-mail or posting.
11. TERMINATION OR RESTRICTION
TravisMathew may terminate or restrict your access to all or any
part of the Website at any time, with or without cause, with or
without notice, effective immediately. You may also terminate your
use of the Website at any time, provided that all of the provisions
of this Agreement, including, without limitation, ownership
provisions, warranty disclaimers and indemnity limitations, shall
survive any such termination.
12. RISK OF LOSS
All products purchased from the Website are transported and
delivered to you by an independent carrier not affiliated with, or
controlled by, TravisMathew. Title to products purchased on the
Website, as well as the risk of loss for such products, passes to
you when TravisMathew delivers these items to the carrier.
13. PRODUCT INFORMATION
TravisMathew attempts to be accurate in describing its products and
services on the Website. We do not warrant that product and service
descriptions or other content of this or any other Website are
complete, reliable, current, or error-free.
We have made every effort to display as accurately as possible the
colors of our products that appear on the Website. However, as the
actual colors you see depend on your computer monitor and other
factors beyond our control, we cannot guarantee that your computer’s
display of any color on the Website will be accurate.
Many TravisMathew products displayed on the Website are available in
our retail store(s) in the United States while supplies last. In
some cases, merchandise displayed for sale at the Website may not be
available in retail store(s). Unless otherwise stated, the prices
displayed at the Website are quoted in U.S. Dollars.
14. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE WEBSITE IS PROVIDED BY TRAVISMATHEW ON AN “AS IS” AND “AS
AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
TRAVISMATHEW MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE
INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS,
SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE WEBSITE,
INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH
THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT,
OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE
WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE WEBSITE
IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL
RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE
OF THE WEBSITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAVISMATHEW DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
IN NO EVENT WILL TRAVISMATHEW, OR ANY PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE,
SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR
NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE
THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD
PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT
YOU PROVIDE TO TRAVISMATHEW THROUGH THE WEBSITE; OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE
OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN
STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
15. APPLICABLE LAW AND DISPUTES
This Agreement, your rights and obligations, TravisMathew’s rights
and obligations, and all actions contemplated by this Agreement,
will be governed by the laws of the United States of America and the
State of California, without regard to principles of conflicts of
law and as if this Agreement were a contract wholly entered into and
wholly performed within the State of California.
Any dispute relating in any way to your visit to the Website or to
products you purchase through the Website shall be submitted to
confidential arbitration in Orange County, California, United States
of America, except that, to the extent you have in any manner
violated or threatened to violate our intellectual property rights,
we may seek injunctive or other appropriate relief in any state or
federal court in Orange County, California, United States of
America, and you consent to exclusive jurisdiction and venue in such
courts.
Arbitration under this Agreement shall be conducted under the JAMS
Streamlined Arbitration Rules and Procedures in effect at the time
the demand for arbitration is filed. The parties specifically
incorporate the terms of California Code of Civil Procedure section
1283.05 with respect to discovery. The arbitrator’s award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
16. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold TravisMathew, its
licensors, licensees, distributors, agents, representatives and
other authorized users, and each of the foregoing entities’
respective resellers, distributors, service providers and suppliers,
and all of the foregoing entities’ respective officers, directors,
owners, employees, agents, representatives and assigns
(collectively, the “Indemnified Parties”) harmless from and against
any and all losses, damages, liabilities and costs (including,
without limitation, settlement costs and any legal or other fees and
expenses for investigating or defending any actions or threatened
actions) incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of this Agreement. You shall
use your best efforts to cooperate with TravisMathew in the defense
of any claim. TravisMathew reserves the right, at its own expense,
to employ separate counsel and assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
17. MISCELLANEOUS LEGAL PROVISIONS
TravisMathew may discontinue this Website at any time and for any
reason, without notice. TravisMathew may change the contents,
operation, or any and all other features of this Website at any time
for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and TravisMathew as a result of this
Agreement or your use of the Website. Nothing contained in this
Agreement is in derogation of our right to comply with governmental,
court, and law enforcement requests or requirements relating to your
use of the Website or information provided to or gathered by us with
respect to such use. A printed version of this Agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
TravisMathew’s failure to enforce any provision of this Agreement or
respond to a breach by you or other parties shall not in any way
waive its right to enforce subsequently any terms or conditions of
this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under
applicable law, the remaining provisions will continue in full force
and effect, and the invalid unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding
the Website and its contents, and supersedes any prior or
contemporaneous communications between you and TravisMathew
regarding the Website and its contents.
All rights not expressly granted herein are hereby reserved to
TravisMathew.
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW.
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Who Can Enter: Any legal U.S. resident 18 years of age or older
is eligible to participate in Travis Mathew’s Physical Warehouse
Sale sweepstakes “Sweepstakes”. Employees, officers, principals,
directors or agents of TravisMathew (“Sponsor”) or its subsidiaries
or affiliates, or advertising and promotion agencies (collectively,
“Released Parties”), and members of their households (whether or not
related) or immediate families (spouse, and parents children and
siblings and their respective spouses, regardless of where they
reside), are not eligible to participate.
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How to Enter: Each entrant must register and complete the Online
entry form at
http://survey.qualtrics.com/jfe/form/SV_a00sewWtPfP9ftX. The Online
entry form must be submitted between 12:01 AM Pacific Time (“PT”) on
March 21, 2019 ("Sweepstakes Open Time") and 11:59 PM PT on March
24, 2019 ("Sweepstakes Close Time"). By entering this Sweepstakes,
entrants are agreeing to receive emails from TravisMathew. Entrants
will be able to unsubscribe to these emails at any time. Any entry
forms that are illegible, incomplete or late will be disqualified.
Entrants may not submit more than one (1) entry into the
Sweepstakes. Multiple entries and entries generated by script, macro
or other automated means will be void. All entries become the
property of the Sponsors. All entries become the sole property of
Sponsors.
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Prize: The Prize includes: (i) one (1) Online discount code for
$500 redeemable only at www.travismathew.com, (ii) one (1) Callaway
Epic Flash Driver. The winner is solely responsible for the
reporting and payment of any tax liabilities incurred as a result of
or relating to the awarding or use of Prize. The Prizes is awarded
"AS IS" without any warranty of any kind, express or implied. Prize
cannot be redeemed for cash. No substitution, exchange or transfer
of the Prize will be made or is permitted by winner. Sponsor
reserves the right to substitute a prize (or portion thereof) for an
alternative prize of comparable or greater value in Sponsor's
sole and absolute discretion. All Prize details are at Sponsors’
sole discretion. Discount code cannot be redeemed against products
in the luggage and club covers categories on www.travismathew.com.
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Prize Drawings: One (1) potential winner will be selected in a
random drawing conducted by the Sponsor based on eligible entries
properly submitted between the Sweepstakes Open Time and the
Sweepstakes Close Time. The prize drawing for the Sweepstakes will
be held at TravisMathew Headquarters in Huntington Beach on or about
March 25, 2019.
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Odds of Winning: Each entrant's odds of winning are
dependent on the aggregate number of eligible entries properly
submitted between the Sweepstakes Open Time and the Sweepstakes
Close Time.
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Winner Notification: The potential winner will be notified via
e-mail within 48 hours after the drawing, which is currently
anticipated to occur on March 25, 2019. The potential winner will be
required to respond to the e-mail notification to acknowledge
receipt of Sponsor's notification and awarding of the Prize. If
no response is received by Sponsor from winner (via email or
otherwise) within three (3) calendar days following the Prize
notification email, the Prize will be awarded to a replacement
winner to be determined by the Sponsor in the Sponsors' sole and
absolute discretion. The potential winner will be required to prove
eligibility to receive and claim the Prize. The Prize will be
provided to the winner after the winner responds to the initial
email notification and satisfies all eligibility requirements. All
decisions of the Sponsor about the winner are final, binding and
non-appealable. The Released Parties are not responsible for any
incorrect or illegible address information or the non-delivery of
the Prize resulting therefrom, or for any unsuccessful efforts to
notify a winner or to receive a winner's response.
It is the sole responsibility of the entrant to notify Sponsor in
writing if the entrant changes his/her contact information. (To do
so, write to: TravisMathew Physical Warehouse Sale Giveaway c/o
Marketing Department, 15202 Graham Street, Huntington Beach, CA
92649).
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Limits of Liability: By entering the Sweepstakes, entrants
release and hold Released Parties harmless from and against any and
all damages and claims of any kind in connection with the
Sweepstakes or resulting from entrance in the Sweepstakes, or
receipt, acceptance, possession or use of the Prize. Sponsor
reserves the right to substitute the Prize for an alternative prize
of equal or greater value in Sponsor's sole and absolute
discretion.
Released Parties assume no responsibility for any (i) lost, stolen,
delayed, damaged, garbled, inaccurate or misdirected entries or
emails, or for any failure of any other website during the
Sweepstakes, or (ii) any problems or technical malfunctions of any
telephone network or lines, computer on-line systems, servers,
access providers, computer equipment, software, failure or delay of
any e-mail or entry to be received by Sponsor on account of
technical problems or traffic congestion on the Internet or at any
website, or (iii) any combination thereof including, but not limited
to, any injury or damage to an entrant's or any other
person's computer or other equipment related to or resulting
from entrant's participation in the Sweepstakes. Sponsor
reserves the right, in their sole discretion, to cancel or suspend
the Sweepstakes should a virus, bug or other corrupt the security or
proper administration of the Sweepstakes. If terminated, Sponsors
reserve the right, in their sole discretion, to award the Prize at
random from among all non-suspect, eligible entries received up to
time of such action or as otherwise deemed fair and appropriate by
Sponsors. Any attempt to deliberately damage any website or to
undermine the legitimate operation of this Sweepstakes is a
violation of criminal and civil laws, and should such an attempt be
made, Sponsor reserves the right to seek remedies and damages
(including, without limitation, attorneys’ fees) to the fullest
extent permitted by law, including criminal prosecution. Except
where prohibited, each entrant agrees that any and all disputes,
claims and causes of action arising out of, or connected with, this
Sweepstakes or any prize awarded shall be resolved individually,
without resort to any form of class action, and exclusively by the
appropriate court located in the State of California. 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 Sponsor in connection
with the Sweepstakes, shall be governed by, and construed in
accordance with, the laws of State of California, without giving
effect to any choice of law or conflict of law rules (whether of the
State of California or any other jurisdiction), which would cause
the application of the laws of any jurisdiction other than State of
California. The invalidity or unenforceability of any provision of
these Official Rules shall not affect the validity or enforceability
of any other provision. In the event that any provision is
determined to be invalid or otherwise unenforceable or illegal,
these Official Rules 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.
-
Publicity Grant: Entry into the Sweepstakes shall be deemed to
be entrant's consent and authorization for Sponsors and their
respective designees to the use of entrant's name, address (city
and state only) and any other information submitted by entrant for
commercial, advertising and promotional purposes, in any and all
media, now or hereafter devised in any manner, worldwide in
perpetuity, without further compensation or notification to, or
permission from, entrant, unless prohibited by law.
-
Winner Publicity: The Sponsor will publish the first name, last
initial and location (city/state) of the winner in an Instagram
story post. To obtain the winners' names, send a self-addressed,
stamped envelope to: TravisMathew Attention: Marketing Department
15202 Graham Street Huntington Beach, CA 92649 with a written
request by March 31, 2019.
-
Official Rules: For a copy of these Official Rules, send a
self-addressed stamped envelope to: TravisMathew Attention:
Marketing Department 15202 Graham Street Huntington Beach, CA 92649
with a written request by March 25, 2019.
-
General: This Sweepstakes is subject to all applicable federal
and state laws and regulations. By entering the Sweepstakes
participants agree to be bound by these Official Rules and by the
decision of the Sponsor, which shall be final and binding on all
matters relating to this Sweepstakes. This Sweepstakes shall be void
where prohibited by law.
-
Privacy: Sponsor may use any of the entrant's personal
information submitted in connection with this Sweepstakes per the
terms of the privacy policy located at
http://www.travismathew.com/legal/.
-
Sponsors: TravisMathew, 15202 Graham Street, Huntington Beach,
CA 92649
19. BAZAAR VOICE TERMS AND CONDITIONS
CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF
USE
These Terms of Use govern your conduct associated with the
Customer Ratings and Reviews and/or Questions and Answers
service offered by TravisMathew (the "CRR Service").
By submitting any content to TravisMathew, you guarantee that:
-
You are the sole author and owner of the intellectual property
rights in the content;
-
All "moral rights" that you may have in such content have been
voluntarily waived by you;
-
All content that you post is accurate;
- You are at least 18 years old;
-
Use of the content you supply does not violate these Terms of Use
and will not cause injury to any person or entity.
You further agree that you may not submit any content:
-
That is known by you to be false, inaccurate or misleading;
-
That infringes any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy;
-
That violates any law, statute, ordinance or regulation
(including, but not limited to, those governing, consumer
protection, unfair competition, anti-discrimination or false
advertising);
-
That is, or may reasonably be considered to be, defamatory,
libelous, hateful, racially or religiously biased or offensive,
unlawfully threatening or unlawfully harassing to any individual,
partnership or corporation;
-
For which you were compensated or granted any consideration by any
unapproved third party;
-
That includes any information that references other websites,
addresses, email addresses, contact information or phone numbers;
-
That contains any computer viruses, worms or other potentially
damaging computer programs or files.
You agree to indemnify and hold TravisMathew (and its officers,directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), 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.
For any content that you submit, you grant TravisMathew a perpetual,irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at TravisMathew's sole discretion. TravisMathew reserves the right to change, condense, withhold publication, remove or delete any content on TravisMathew's website that TravisMathew deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. TravisMathew does not guarantee that you will have any recourse through TravisMathew to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, TravisMathew reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not TravisMathew, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of TravisMathew, its agents,subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.