OFFICIAL RULES

"CHIRP TRIFECTA CONTEST"

Last Updated: 3/16/2022

Pick the top three finishers in an event during this year’s PGA Tour calendar.

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. YOU HAVE NOT YET WON. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. SOME RESTRICTIONS AND CONDITIONS APPLY.

ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES AND YOUR SUCCESS IN THE PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. THE PROMOTION IS OFFERED ONLY TO LEGAL UNITED STATES RESIDENTS WHO ARE AT LEAST 18 YEARS OF AGE OR OLDER ON THE DATE OF ENTRY AND MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE RULES. NEVADA AND WASHINGTON RESIDENTS ARE NOT ELIGIBLE. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ADDITIONAL CONDITIONS APPLY, PLEASE READ THESE RULES IN THEIR ENTIRETY.

PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SPONSOR ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

**All third-party trademarks mentioned herein or in any advertising associated with this promotion are the property of their respective trademark owners.

By participating in the Chirp Trifecta Contest promotion (“Contest”), you agree to be bound by these Contest Official Rules. Please read these Contest Official Rules before entering the Contest. Failure to comply with these Contest Official Rules may (in the sole discretion of Sponsor) result in disqualification from the Contest. You must meet the eligibility requirements and follow the Contest Official Rules regarding participation as set forth here. Sponsor reserves the right to cancel, modify or suspend the Contest at any time in its sole discretion.

  1. SPONSOR: CHIRP GOLF LLC (“Chirp Golf”), 6 E. 43rd Street, 12th Floor, New York, NY 10017 ("Sponsor").

  2. ELIGIBILITY: The Contest is offered only to legal United States residents who are at least 21 years of age on the date of entry. Residents of Nevada and Washington state are not eligible. Players must not be officers, directors, or employees of the Sponsor, its subsidiaries and affiliated companies, advertising, promotional and judging agencies involved in this Contest, persons engaged in the development, production, or distribution of materials for these Contest, or the immediate family members (grandparents, parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not). Additionally, Players must not be anyone professionally associated with the PGA Tour or any of its individual events, including but not be limited to the golfers, caddies, trainers, announcers/analysts, individuals otherwise employed by the golfers, etc., and the immediate family members (grandparents, parent, child, sibling, and spouse of each) of and/or persons living in the same household as such individuals (whether related or not). Hereinafter, all such individuals not otherwise excluded shall be referred to as Eligible Entrants.

    A person cannot be an Eligible Entrant or Winner if such person is a person (a) with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List) or under any statute or executive order or (b) who is acting, directly or indirectly, for or on behalf of any such person. federal, state, and local laws and regulations apply. Individuals will be required to provide a valid identification and may be required to provide a valid taxpayer identification number or social security number to claim a prize. All federal, state, and local taxes are the responsibility of the Winner.

  3. CONTEST PERIOD: The Contest Period will begin on March 16, 2022, and end on December 31, 2023. The Contest covers the below listed events. The entry periods for each week’s contest are available each week on the Chirp Golf App following the conclusion of the prior week’s contest and the published updated Official World Golf Rankings. In any event Entrants shall have a period of at least 24 hours prior to the week’s event beginning to submit entries.

    • Valspar Championship

    • World Golf Championships-Dell Technologies Match Play

    • Valero Texas Open

    • RBC Heritage

    • Mexico Open at Vidanta

    • Wells Fargo Championship

    • AT&T Byron Nelson

    • PGA Championship

    • Charles Schwab Challenge

    • the Memorial Tournament presented by Workday

    • RBC Canadian Open

    • U.S. Open

    • Travelers Championship

    • John Deere Classic

    • Genesis Scottish Open

    • The Open Championship

    • 3M Open

    • Rocket Mortgage Classic

    • Wyndham Championship

    • FedEx St. Jude Championship

    • BMW Championship

    • TOUR Championship

    • NOTE: Entries are no longer permitted once each event begins. Sponsor reserves the right to adjust these Contest Entry Periods as necessary. In the event of a delayed PGA Tour event or a delay to the weekly updated Official World Golf Rankings, the weekly contest entry period may be adjusted. Updates to the weekly contest entry periods shall be provided within the Chirp Golf App.

      The above listed entries period dates shall be collectively referred to hereafter as the “Contest Entry Periods”.

  4. HOW TO ENTER:

    NO PAYMENT OR PURCHASE NECESSARY. To enter any week’s Contest, Eligible Entrants must be logged into their Chirp Golf App account, select the desired Contest (i.e., Chirp Trifecta Contest), and follow the prompts to complete one Contest Entry (the “Contest Entry”).

    During each Contest Entry Period, Eligible Entrants must select, via the Chirp Golf App, three (3) picks from three (3) buckets of golfers corresponding with each PGA Tour event (as listed above). Specifically, Eligible Entrants must select: one golfer from the “Favorites” category; one golfer from the “Contenders” category; and one golfer from the “Longshots” category. Each Eligible Entrant must be registered on and have a Chirp Golf App account created at the time of entry in order to be eligible for each Contest. Contest Entries will be posted to the App immediately after tee-off time of the corresponding weekly event.

    • Selections made by Eligible Entrants each week shall be referred to as “Weekly Pick(s)”.

    • Sponsor shall not be liable for any problems that occur during the entry process, including without limitation, late, incomplete, delayed, undelivered, or misdirected entries, and shall not have any obligation to advise an entrant of an incomplete, invalid, or undeliverable submission. No illegal, incomplete, forged, or altered entries will be accepted.

    • There is a strict limit of one (1) Contest Entry per Eligible Entrant.

  5. WINNERS: Winners shall be Eligible Entrants who successfully select the three golfers who place first, second, and third, for the applicable week of their Contest Entry and have not previously won the Contest. Eligible Entrants that correctly select one and/or two golfers who finish first, second, or third in that week’s event, have NOT won. Sponsor will send any applicable Winners individual emails to the email address used at registration on the Chirp Golf App or provide direct notification via the Chirp Golf App. Each player is strictly limited to a maximum of one winning Contest Entry. Any player who has previously won the Contest will become ineligible to win any future Contest. Subject to verification of eligibility and compliance with the terms of these Contest Official Rules, the potential Winners will be declared the official “Winners” of the weekly Contest. Odds of winning depend on the total number of eligible Contest Entries received each week. This is a free to play Contest, with no purchase or payments necessary at any time. All decisions of the Sponsor regarding the Contest and the application of these Rules are final and binding.

  6. PRIZES, APPROXIMATE RETAIL VALUE ("ARV"), AND ODDS OF WINNING: Sponsor may award a prize ranging in value from $1,000 (one thousand U.S. dollars) to $5,000 (five thousand U.S. dollars) each week as specified on the Contest entry card in the Chirp Golf App, split equally amongst eligible Winners for that week. The Winner(s) will be announced via Sponsor’s social media accounts following the conclusion of each contest. The odds of winning a prize in the Contest will depend on the number of Eligible Entrants and each Player’s (as defined in these Rules) success in the Contest.

  7. FURTHER PRIZE INFORMATION: Sponsor will determine all details of the prize in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of a prize are the sole responsibility of the Winner. All decisions of Sponsor are final. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deem necessary or desirable under applicable federal, state, and local tax laws, rules, regulations, codes, or ordinances. Neither Sponsor nor or any of its agents, employees, affiliates, subsidiaries, or contractors shall have responsibility or liability for cancellations, delays, or any other change in the promotion or of any Contest and its agents, employees, affiliates, subsidiaries, or contractors are not responsible or liable for any expenses incurred as a consequence thereof.

  8. AWARD OF PRIZES: If you are the confirmed Winner of a prize, you will be notified by email to your registered Chirp Golf App email address within ten (10) days following the Winner validation process. Sponsor shall have no liability for a Winner’s failure to receive notice due to Winner’s spam, junk e-mail or other security settings or for Winners’ provision of incorrect or otherwise non-functioning contact information. Sponsor may also announce you as the Winner on social media and Sponsor’s website, using your first name and first initial of your last name, your state of residence (e.g., “John S. from Colorado”), and your profile photo. Any failure of a Winner to notify and communicate acceptance within the timeframe set forth by Sponsor will result in forfeiture of the Prize. Prior to receiving a prize payment, all Winners must prove their identity and complete a W-9 Internal Revenue Service Form. Sponsor will furnish prize checks via FedEx or another express courier mail to Winner(s) within thirty (30) days after identity verification and completion of the W-9 Form. Sponsor will furnish an Internal Revenue Service Form 1099 to the Winner and to any Winner winning $600 or above. You are required to provide valid and current email, home address, and account payment information so that we can remit the prize to you if you are a Winner.

    In order to receive a prize, Winner(s) must currently be the holder of a valid Chirp Golf App account and have not previously deleted or closed their Chirp Golf App account.

    Before awarding the prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Contest Official Rules and to execute and return any required documentation, including but not limited to, an Affidavit of Eligibility, a Publicity Release, a tax acknowledgment form, and to provide other information as required to award your prize. You must execute and return all documents completed in their entirety within ten (10) business days from the date any such documents are sent to you, or you may forfeit a prize (in Sponsor's sole discretion). If you are found to be ineligible or not in compliance with these Contest Official Rules, decline to accept the prize, Sponsor is unable to contact you, or in the event that a prize notification is returned undeliverable, you will forfeit a prize.

    **

    The right to receive a prize is non-assignable, non-transferable and no prize substitution, exchange or other equivalent will be allowed, except by Sponsor in its sole discretion. FEDERAL, STATE AND LOCAL TAXES, IF ANY, ARE YOUR SOLE RESPONSIBILITY.

  9. WINNER’S LIST: Winners may be announced on social media, and/or Sponsor’s website. Updated lists of each week’s Winners, if any, may be posted weekly on social media and/or on Sponsor’s websites.

  10. LIMITATION OF LIABILITY: Sponsor and each of their officers, directors, employees, owners, affiliates, subsidiaries, agents, contractors, suppliers, and partners (Sponsor and each of their officers, directors, employees, owners, affiliates, subsidiaries, agents, contractors, suppliers, and partners, hereinafter collectively, “Released Parties") are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable Contest Entries; or for any error in any Contest Entries, in the Contest, in any Weekly Pick, inability to play, or any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/website/application/social media accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of Entries or information, or the failure to capture, or loss of, any such information or of any Contest Entries. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, the Contest or any Weekly Pick is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, stop, modify, or suspend the Contest or any Weekly Pick. The Released Parties are expressly not liable for any harm, including but not limited to, any physical harm that may befall any person a result of participation in this Contest, including but not limited to participating in the Contest, making, or submitting Contest Entries, the award or use of any prize and participation or inability to participate in any activities associated with the Contest or of a Weekly Pick.

  11. ELIGIBLE ENTRANT E-MAIL AND/OR CHIRP GOLF APP ACCOUNT: Contest Entries are deemed made by the authorized named account holder of the Chirp Golf App account submitted at the time of entry in the Contest. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for the Chirp Golf App account. A potential Winner may be requested to provide Sponsor with proof that the potential Winner is the authorized account holder of the associated e-mail address. The prize will only be awarded to the authorized account holder. In the event that a player deletes their Chirp Golf App account prior to winning or being awarded a prize, a player will immediately forfeit and become ineligible for the prize. In such event, Sponsor will not have any liability to award a prize to a user who has deleted their account before being awarded and receiving a prize.

  12. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering the Contest, you, and on behalf of your heirs, executors, and administrators, agree: (a) to be bound by these Contest Official Rules and by all applicable laws and decisions of Sponsor which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Contest Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of the Released Parties in connection with the Contest, any Entries, or a prize; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise in connection with: (i) the Contest, any prize, the Contest Entries, any Weekly Pick, or any other activities engaged in in connection with the Contest, the Contest Entries, or any prize, or any Weekly Pick, including but not limited to your participation or inability to participate in the Contest, any Weekly Pick, obtain or use any prize, or any other activity, (ii) typographical or printing errors in these Contest Official Rules or in any Contest related materials, including but not limited to any instructions, advertising or promotional materials (iii) any change in the Contest or any Weekly Pick or prize (or any components thereof), including but not limited to, due to unavailability, or due to reasons beyond Sponsor's control, (iv) any interruptions in or postponement, cancellation, or modification of the Contest, including any Weekly Pick, (v) human error, vi) incorrect or inaccurate transcription, receipt or transmission of any Contest Entries, (vii) any technical malfunctions or unavailability of the any social network, other website, mobile application, telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access the app or other platform, relating to the Contest, or to submit any Contest Entries, to play any Weekly Pick, or to receive a prize, (ix) any lost/delayed data, voice, or video transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Contest Entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties or of any other third party, (xii) lost, late, stolen, misdirected, damaged or destroyed prizes (or any element thereof), or (xiii) the negligence or willful misconduct by you or of any third party.

  13. DISCLAIMERS, DISPUTE RESOLUTION AND LIMITATIONS OF LIABILITY: PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SPONSOR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SPONSOR: Each Eligible Entrant hereby forever discharges, releases, and agrees to defend, indemnify and hold harmless the Released Parties, from any damage, injury, death, loss or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from or in any way relate to participation in the Contest, including playing any Weekly Pick, or the awarding, acceptance, use or misuse of any prize, sponsorship or marketing benefits provided under the Contest. and all disputes, claims, and causes of action arising out of or in connection with this Contest, including but not limited to any Weekly Pick or of any prize, shall be resolved individually, without resort to any form of class action. This Contest shall be governed by, and construed in accordance with, the internal laws of the State of New York, without regard to conflict of law principles.

    First, you agree to try to resolve any disputes informally by contacting support@getchirpgolf.com. Sponsor will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Sponsor may bring a formal proceeding, as set forth below.

    You agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury, and review is limited. The arbitrator’s decision and award are final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be administered by the American Arbitration Association (the “AAA”) before a sole arbitrator in accordance with the provisions of its Commercial Arbitration Rules and/or its Consumer Arbitration Rules, excluding any rules or procedures permitting class actions. In the event AAA is unwilling or unable to administer the arbitration and the parties cannot agree on a replacement, a court with jurisdiction shall select the arbitration organization or arbitrator. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Contest Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. The Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of Eligible Entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in a New York, New York small claims court.

    The Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration and judgment upon such arbitration award may be entered in any court having jurisdiction. All Eligible Entrants agree to abide by the terms of these Contest Official Rules and the decisions of the Sponsor, which are final, and waive any right to claim ambiguity in these Contest Official Rules. In the event any party challenges a term or provision of these Contest Official Rules, the party hereby expressly waives any and all opportunities to recover any amount from the Released Parties relating to this Contest or otherwise. Each Eligible Entrant agrees to service of process by mail or other method acceptable under the laws of the State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH PARTICIPATING IN THE CONTEST, IF ANY. EACH ELIGIBLE ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ELIGIBLE ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. IN NO EVENT WILL SPONSOR OR ANY OF THE RELEASED PARTIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISNG OUT OF OR IN CONNECTION WITH ANY PERSON OR ENTITY’S PARTICIPATION IN THE CONTEST OR OF ANY GAME OR THE AWARD OR USE OR INABILITY TO USE A PRIZE, OR ASSOCIATED WITH ANY ASPECT OF A PRIZE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ANY RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The Released Parties disclaim any liability from and in connection with the Contest, any Weekly Pick, the Chirp Golf App, any prize, or any component thereof.

    Opt-Out: You can decline this agreement to arbitrate by sending a letter to Sponsor that must be postmarked within thirty (30) days of a Contest Entry. The letter must specify your first and last names, email, mailing address, and explain that you are opting out of the contest rules arbitration provision. The letter should be sent to: Chirp Golf LLC, 6 E. 43rd Street, 12th Floor, New York, New York, 10017. If you opt out of these arbitration provisions, Sponsor will not be bound by them either.

  14. PUBLICITY RIGHTS: By accepting a prize, you agree to allow Sponsor and each of their designees, the perpetual right to use your name, biographical information, photos and/or likeness, your Contest Entries, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world-wide, including but not limited to on the World Wide Web and Internet (including social media) without notice, review or approval and without additional compensation except where prohibited by law; if requested by Sponsor you shall provide any requested consents.

  15. ELIGIBLE ENTRANT’S PERSONAL INFORMATION: Information collected from Eligible Entrants is subject to and will be used in accordance with the Privacy Policy (as amended from time to time) of Sponsor) available here: https://storage.googleapis.com/assets.boomfantasy.com/eightam/static/v9/privacyPolicy.html which is incorporated into these Contest Official Rules by reference.

  16. CONTACTS: You consent to Sponsor contacting you via your phone number or email, or through the Chirp Golf App concerning the Contest, including notifying you if you are a Winner of a prize and/or in order to promote Weekly Picks. You warrant, represent, and agree that you have the right to provide your phone and email to Sponsor in connection with any Contest Entries and the Contest, and to have Sponsor contact you at such phone number and email, even if such phone number or email is provided by an employer. You expressly consent to Sponsor and each of their partners and affiliates’ use of your contact information, including your phone number or email, for marketing and other promotional purposes. If at any time you do not wish to receive marketing communications, you may opt out from receiving these communications. Sponsor shall have ten (10) days to implement such requests, in accordance with United States federal law.

  17. GENERAL: These Contest Official Rules are subject to and incorporated by reference within Sponsor's Terms of Use. If there is any conflict between the Terms of Use and these Contest Official Rules, the Contest Official Rules take precedence but only in relation to the Contest. In the event of any conflict with any details contained in these Contest Official Rules and details contained in any other place including on a social media or on the Chirp Golf App, the details set forth in these Contest Official Rules shall prevail. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Contest, (including through unlawful access to an app account, through the use of multiple app accounts to enter the Contest or play any Weekly Pick or otherwise participate in the Contest, or the use of non-public information) or to be acting in violation of these Contest Official Rules. In such event, Sponsor may terminate an individual's ability to participate in the Contest and/or refuse to award or seek the return of any prize. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR ANY WEEKLY PICK, INCLUDING ANY USE OF NON-PUBLIC INFORMATION OR OTHER CHEATING IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

  18. SEVERABILITY: You agree that these Contest Official Rules are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of these Contest Official Rules. These Contest Official Rules will be deemed amended to the extent necessary to make these Contest Official Rules enforceable, valid and, to the maximum extent possible, consistent with applicable law and consistent with the original intention of the parties; and the remaining terms and provisions will remain in full force and effect. If any provision of these Contest Official Rules is found by a court of competent jurisdiction to be invalid, Sponsor will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Sponsor as reflected in the original provision. The invalidity or unenforceability of any provision of these Contest Official Rules does not affect the validity or enforceability of any other provision of these Contest Official Rules, which will remain in full force and effect.

  19. APPLE AND GOOGLE DISCLAIMERS: You acknowledge and agree that these Contest Official Rules are between you and Sponsor, and do not impose any obligations upon Apple Inc. (“Apple”) and Google LLC (“Google”). You further acknowledge and agree that: Apple and its subsidiaries and Google and its subsidiaries are third-party beneficiaries under these Contest Official Rules and that under these Contest Official Rules, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of these Contest Official Rules against you as a third-party beneficiary thereof. Apple and Google have no responsibility for the Contest or any included content. To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to the Contest, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty. Apple and Google are not responsible for addressing any of your claims or those of any third-party relating to the Contest, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the Contest failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation. In the event of any third- party claim that the Contest or your possession and use of the Contest infringes that third-party’s intellectual property rights, Apple and Google will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.

"CHIRP ROYALE CONTEST"

Last Updated: 7/31/2020

NO PAYMENT OR PURCHASE NECESSARY TO PLAY, ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT AFFECT THE LIKELIHOOD OF WINNING. PRACTICE OR SUCCESS AT FREE-TO-PLAY CONTESTS DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

  1. CONTEST DESCRIPTION: Chirp Golf offers Account holders the ability to compete in certain games, contests, sweepstakes or similar promotions within the Services (each a "Contest") that correspond to various, real-world golf tournaments or other events ("Tournaments"). Each Contest will consist of an entry period (each an "Entry Period"; collectively, "Entry Periods") that will start when the Contest is available to enter ("Entry Period Start Time") and will end at a specified time ("Entry Period End Time").

CONDITIONS APPLY. Please read these Official Contest Rules, the Terms Of Service for Chirp Golf (available here), and any additional guidelines, policies and rules posted for the applicable Contest carefully and completely before competing in any individual Contest. Capitalized terms used herein that are not otherwise defined herein have the same meaning ascribed to the term in the Terms of Service for Chirp Golf (hereinafter, the "Terms of Service").

  1. AGREEMENT TO RULES: By choosing to compete in any individual Contest, each participant ("Entrant" or "you") unconditionally accepts and agrees to comply with and abide by these Official Contest Rules, the Terms of Service and any additional guidelines, policies and rules posted for the applicable Contest (each as in effect at the time of the Contest and hereinafter referred to as the "Rules"). You further agree to be fully and unconditionally bound by the Rules. In addition, you agree to accept the decisions of Sponsor (defined below) as final and binding as it relates to this Sweepstakes.

  2. SPONSOR: The Sponsor of each Contest will be announced prior to the beginning of each applicable Contest ("Sponsor"). PGA Tour Inc., is not a sponsor of the Contests and is in no way affiliated with Chirp Golf. 

  3. ELIGIBILITY REQUIREMENTS: Each Contest is limited to individuals with an active Account on Chirp Golf who satisfies all eligibility requirements set forth in the Rules, including, without limitation, any additional eligibility restrictions set forth in additional guidelines, policies and rules posted for a specific Contest or Contests. Each time you choose to compete in any individual Contest, you re-certify that (i) you are fully able and competent to enter into and compete in the applicable Contest, and (ii) you are eligible to enter into and compete in the applicable Contest as set forth in the Rules, including, without limitation, eligibility requirements set out in the Terms of Service with respect to your legal residency, your age (21+), your location at the time of the applicable Contest, your status on any self-exclusion list or other exclusion list where individuals named therein are prohibited from gambling or wagering (in one form or another), and your personal, familial, employment or professional relationship with any of Sponsor, the Company (as defined in the Terms of Service), its contractors (including Boom Fantasy), PGA Tour Inc. (including its parent(s), subsidiaries, affiliates and each of their respective shareholders, members, successors, and agents) or fantasy sports or sports gaming companies. Please review the eligibility requirements in the Terms of Service (available here) to ensure you continue to satisfy the eligibility requirements therein prior to competing in each Contest. Final eligibility for the award of any prize is subject to verification of your eligibility. Each Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law.

  4. HOW TO ENTER: No payment or purchase necessary. To enter any individual Contest, eligible individuals must be logged into their Account, select the desired Contest, and follow the prompts to complete one Contest entry (the "Entry") for the applicable Contest by predicting (i) the player to finish first in the applicable round among other players competing in the applicable tournament set forth in the applicable Contest (the "Single Round Questions"); (ii) the overall best finisher or finishers of the applicable Tournament (the "Tournament Winner Question"); and (iii) the select live questions displayed during a round (the “Live Questions”).

All Entries must be submitted during the Entry Period for the applicable Contest. Entry Period Start Time and Entry Period End Time for each Contest will vary. Contests, Entry Periods, and Entry Period Start Times and Entry Period End Times are subject to change at the discretion of Sponsor. Sponsor’s database clock will be the official timekeeper for this Contest. All Entries must be made by the individual Entrant personally. Automated or robotic Entries submitted by individuals or organizations will be disqualified.

Entries that are incomplete, unsubmitted, garbled, corrupted, suspect, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. "Receipt" of an Entry only occurs when Sponsor’s servers record an Entrant’s registration information and Entry during the corresponding Entry Period. Screen shots, printouts or any other purported “proof” or “evidence” of entry or winning whatsoever, in lieu of Sponsor’s validation process, shall not be binding under any circumstances.

  1. SCORING OF ENTRIES: Please see the Chirp Golf app for details on each Contest’s scoring.

  2. CONTEST WINNERS AND PRIZE PACKAGE:

  3. A total prize pool will be awarded to the Entrants with the highest scores in each Contest (each “Winner”) based on the scoring results for the applicable Contest with the amount of each Winner’s share of the prize pool determined by the Winner’s particular finish in the Contest.

    The award of the award of the prize pool to the potential Winners of each Contest are in each individual case subject to verification of eligibility and satisfaction of the prize conditions by the applicable Winner. Each Entrant’s scoring and finish is FINAL based on the outcome of the applicable Contest and the objective scoring criteria for the Contest without regard to the disqualification or ineligibility of any Winner and without regard to whether any individual prize is otherwise unclaimed or unawarded. All determinations by Sponsor of Entrant disqualification, ineligibility and Winners of each Contest shall be final. Please see the Chirp Golf app for details on each Contest’s total prize pool.

  1. ODDS OF WINNING: The odds of winning any particular Contest depends on the total number of eligible entries received for the applicable Contest and your success competing in the applicable Contest. Making a purchase or payment of any kind will not affect the likelihood of winning.

  2. WINNER NOTIFICATION: The Winners of each Contest will be notified of their prize via the email provided in their Chirp Golf Account. Prizes won in Contests and shown in your Chirp Golf Account remain subject to satisfaction of all prize conditions, including verification of eligibility, compliance with the Rules, compliance with applicable U.S. tax reporting and withholding laws, and (when applicable) Sponsor’s receipt of an executed publicity release. Sponsor is not responsible for any delay or failure to receive the notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor the Winner’s Chirp Golf Account.

  3. PRIZE CONDITIONS: Receipt of any prize awarded is conditioned upon the applicable Winner completing and providing Sponsor with such documentation as may be reasonably required to verify eligibility, compliance with the Rules and to comply with applicable U.S. tax reporting and withholding laws. Receipt of all or any share of the grand prize is further conditioned on providing Sponsor with an executed publicity release. By participating in each Contest and agreeing to the Rules, each Entrant acknowledges and agrees that the prize conditions may include releasing Sponsor from liability and hereby grants permission for Sponsor to use his/her name, likeness, email and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

Any and all taxes on any prize won and any other expenses related to accepting the prize are the sole responsibility of the applicable Winner. Winnings of $600 or more must be reported to the U.S Internal Revenue Service (“IRS”). Any applicable Winner may be required to complete, sign and return an IRS Form W-9 (or such other form as may be required by the IRS for tax purposes) and will be responsible for any taxes related to accepting the prize. Any applicable Winner agrees to provide his/her personal social security number, acceptable government issued identification and any other documentation necessary for Sponsor to properly report the applicable Winner’s winnings to the IRS as required by law and to issue the applicable Winner any appropriate tax reporting documentation.

Upon satisfaction of all applicable prize conditions, you may request that the applicable cash prize or accumulated cash prizes (if any) be issued to you (i) through your Chirp Golf Account via a verified PayPal account linked to your Account (which may require inputting your exact first name, last name and email address associated with your PayPal account) or (ii) by contacting Sponsor via e-mail to request a check be mailed to you. If you do not already have a PayPal account, you can visit http://www.paypal.com to create a free PayPal account. ENTRANT ACKNOWLEDGES AND AGREES THAT PRIZES WILL NOT BE ISSUED AND MAY BE WITHHELD UNTIL SATISFACTION OF ALL PRIZE CONDITIONS.

All prizes are nontransferable and you must request issuance of prizes through one of the means permitted above within one (1) year of the applicable Contest. Failure to comply with the Rules and satisfy all prize conditions may result in disqualification to win the applicable prize.

  1. DISQUALIFICATION AND EARLY TERMINATION OF THE SWEEPSTAKES: If any particular Contest or Contests cannot be administered as intended or in compliance with the Rules due to tampering, computer virus, fraud, technical failures, act of God, force majeure or any other cause, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the affected Contest(s) in whole or in part, at any time, without notice. In such an event, the Sponsor also reserves the right, but not the obligation, to award the prizes from among all valid, eligible, and non-suspect entries received as of the early termination date and time.

  2. WINNER LIST: The scoring results for each Contest, including identifying the Winners by their username, will be posted promptly after the official Tournament results and finishing positions are posted by the PGA, which results will be available within Chirp Golf to all Entrants. Copies of the list of Winners may also be requested by sending a written request for the “Winner List” clearly identifying the specific Contest subject to the request along with a stamped, self-addressed envelope to Chirp Golf addressed to Chirp Golf LLC, 6 E. 43rd Street, New York, NY 10017. Written requests for the winner list for any particular Contest must be received no later than 30 days after the applicable Entry Period End Time.

  3. SWEEPSTAKES ADMINISTRATION: Chirp Golf reserves the right to correct, and is not responsible for, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Chirp Golf also is not responsible for incorrect, illegible or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. If any provisions of the Rules are determined by a court of competent jurisdiction to be valid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.

  4. GAMBLING PROBLEMS: The Contests are being provided for promotional and entertainment purposes only. Nothing of value can be wagered or risked in any Contest. Nonetheless, if you have concerns about gambling – or if you are concerned about a friend or family member – information and resources to help combat problem gambling are available from the National Council on Problem Gambling, Gam-Anon, or Gamblers Anonymous. For additional information or resources relating to problems with gambling, please visit the websites for the National Council on Problem Gambling, Gam-Anon, or Gamblers Anonymous.

If you or someone you know has a gambling problem, call 1-800-GAMBLER.

© 2023 Chirp Golf LLC. All Rights Reserved. These Contest Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor.