1) PARTICIPATION FEE: Any citizen or permanent legal resident of the United States may enter this game of skill June 26, 2008 through July 6, 2008 during posted operational hours (which are subject to change) for the Summerfest Hole-in-One Contest (the “Contest”). In exchange for a non-refundable fee of $6.00, eligible persons (collectively referred to herein as “Participants” and individually referred to herein as “Participant”) may hit three (3) golf balls consecutively in an attempt to make a hole-in-one on the official green approximately 165 yards off shore in order to win the game of skill. Participants who succeed in the game of skill are eligible to receive Prizes as defined in Section 5 of these Official Rules. By entering this Contest, Participants agree to abide by and be legally bound by these Official Rules on the Contest (the “Official Rules”).
2) ELIGIBILITY: A Participant must be a citizen or permanent legal resident of the United States to golf for the chance to win any of the prizes described in Section 5 of these Official Rules (collectively referred to herein as “Prizes” and individually referred to herein as a “Prize”). Full-time benefited employees, officers, and/or directors of Milwaukee World Festival, Inc. (“MWF”), or their Immediate Families, and MWF’s consultants, licensees, contractors, and any individual employed to work on the Maier Festival Park grounds (the “Summerfest Grounds”) during Summerfest 2008, and officers, directors and employees of any company providing a Prize, including Marcus Hotels & Resorts, Midwest Airlines, Buell Motorcycle Company, LLC, Entercom Milwaukee, L.L.C. (Sportsradio 1250 WSSP), and WDJT – CBS 58 (the “Prize Sponsors”) and their Immediate Families and any other persons engaged with the production and/or the administration of the Contest (collectively, the “Companies”) are not eligible to enter. For the purpose of administering this Contest, “Immediate Family” includes spouses, parents, children and siblings (including stepparents, stepchildren and stepsiblings) of the employee, officer and/or director of MWF or the Prize Sponsors. Current and former professional golfers (i.e., current and former members of the PGA, LPGA or any other professional golfing organization as well as any individual who derives or has derived the majority of his or her annual income for any given year from golfing) are not eligible to win Prizes. Additionally, any Prize won by a minor (under 18 years of age) shall be awarded to his or her parent or legal guardian. Participants (or the parents or legal guardian of Participants under the age of 18) who win Prizes must present a government issued photo ID when Prizes are awarded.
3) HOW TO ENTER/HOW TO PLAY: To enter the Contest, eligible Participants should visit the Summerfest Grounds between June 26, 2008 and July 6, 2008 during operational hours of the Hole-in-One Contest. For a $6.00 fee, a Participant may hit three (3) golf balls at the official pin consecutively in an attempt to hit a hole-in-one shot. Multiple Participants cannot golf on a single $6.00 fee. There is no limit to the number of times a Participant may pay the $6.00 fee and play the game of skill.
By paying the $6.00 nonrefundable fee, a Participant will receive the opportunity to hit three (3) golf balls consecutively at the official pin in an attempt to win the game of skill. For the purposes of this Contest, Participants may not use any golf ball or club other than those supplied by MWF for the Contest. If an eligible Participant succeeds in making a hole-in-one, upon verification of eligibility, that person will be designated as a “Grand Prize Winner” (if he/she is the first person to make a hole-in-one) or “First Prize Winner,” (if he/she is the second or subsequent person to make a hole-in-one) pending that person’s (or that person’s parent or legal guardian, if that person is a minor) completion of an Affidavit of Eligibility and Release(s) of Liability and presentation of proper identification. Grand Prize Winner and First Prize Winner’(s) name(s), and respective city, and state of residence will be posted on the Internet at http://www.summerfest.com on and after July 29, 2008 through December 1, 2008. Participants who hit a golf ball from the tee that lands inside a designated circle painted around the hole (but not in the hole) will win a pin prize (“Pin Prize”) as defined in Section 5 of these Official Rules.
4) PARTICIPANT’S RESPONSIBILITIES: Participants must meet the eligibility requirements set forth in Section 2. By entering this Contest, all Prize Winners, and Prize Winners’ parents or legal guardians, if Prize Winner is a minor (both on behalf of themselves and Prize Winner), agree to (i) grant MWF, and those acting pursuant to MWF’s direction or control, and the Prize Sponsors, the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including without limitation, the world wide web and the Summerfest web site, at any time or times, the Prize Winner’s name, portrait, picture, voice, likeness, city and state of residence or biographical information as news or information and for advertising, trade and promotional purposes without additional consideration; and further without additional compensation, and (ii) appear for or provide biographical or other information for use in any presentation or other activity which may include filming, audio taping, videotaping, or other electronic recordings as may be determined from time to time by MWF and the Prize Sponsors. Failure to make such appearances or grant such rights may result in disqualification.
5) PRIZES: The Grand Prize for the first Hole in One made by an eligible Participant is a 2008 25th Anniversary Buell® 1125™ Motorcycle. Any subsequent eligible Participant to successfully make a hole-in-one will be designated a “First Prize Winner” and will receive one roundtrip flight for the Participant and one companion on Midwest Airlines, valued up to $1,000. MWF, in its sole discretion, reserves the right to change or substitute Prizes or Prize components.
Participants who hit a golf ball from the tee that lands inside a designated circle around the hole without going in the hole will win a prize (“Pin Prize”) consisting of a $50 gift card for Grand Geneva Resort & Spa. A total of 250 gift cards will be made available. Redemption of gift cards is subject to additional rules printed on the card and must be redeemed by the expiration date printed on the card. Expiration dates will not be extended for any reason. Pin Prizes are available only while supplies last. After all the Pin Prizes have been awarded, any Participant to successfully hit a ball into the designated circle without going in the hole will not receive a prize. MWF and its agents reserve the right to increase or decrease the diameter of the circle at any time. Limit one Pin Prize per person.
6) PRIZE DELIVERY: The Grand Prize Winner (if any) and First Prize Winners (if any) (or their parents or legal guardians, if the Prize Winner(s) are minors) must meet all requirements for eligibility to participate in the Contest and complete, sign and return an Affidavit of Eligibility and Liability and Publicity Release(s) for receipt by MWF by 5:00 p.m. CST on July 31, 2008. Failure to do so may result in forfeiture of the Prize, which may not be awarded. Each Winner must consent to the use of their name, city, and state of residence in advertising and publicity, without additional compensation. Winners are responsible for all related fees and taxes required in connection with their Prize or its receipt. Prizes may not be transferred to any other person, exchanged, substituted or redeemed for cash or otherwise, except at the sole discretion of MWF and the relevant Prize Sponsor. MWF is not responsible for lost, late, misdirected, postage due, incorrect, illegible or incomplete Releases or Affidavits; which may result in forfeiture. Unclaimed Prizes or portions thereof may not be awarded. Winner of the Grand Prize (if any) must take delivery of the Grand Prize at Hal’s Harley-Davidson Buell, 1925 S. Moorland Road, New Berlin, WI, and will be responsible for tax, title, licensing and registration of the Grand Prize.
Pin Prize Winners must show proper identification and legibly print their name, address and provide their signature on the Pin Prize Winner Form provided to them by the employee working in the Hole-In-One area. The completed form must be brought to the Hole-In-One cashier within 5 minutes after receipt of the form. Pin Prize Winner Forms presented any later than five minutes after receipt of the form will not be honored. The Hole-In-One cashier will hand the actual gift card to the winner upon surrender of the completed winner’s form and presentation of a valid photo ID. If Pin Prize Winner is under age 18, his or her parent or legal guardian may claim the prize on the winner’s behalf.
7) ODDS: The odds of winning Prizes are based upon the skill of the Participants, the number of eligible Participants and the ability of Participants to hit a hole-in-one shot and follow the requirements of these rules.
8) NO LIABILITY: THE PRIZE SPONSORS, THE COMPANIES AND MWF, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS, SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR RELATED TO THIS CONTEST OR THE SPONSORSHIP OF, OR PARTICIPATION IN, THIS CONTEST, INCLUDING WITHOUT LIMITATION, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. THE PRIZE SPONSORS, THE COMPANIES AND MWF HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR, AND SPECIFICALLY DISCLAIM, ANY WARRANTY, EXPRESS OR IMPLIED IN FACT OR LAW (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), REGARDING THIS CONTEST OR ANY PRIZES (INCLUDING, WITHOUT LIMITATION, THE QUALITY OF ANY PRIZES, THEIR MERCHANTABILITY OR FITNESS FOR USE), WHICH PRIZES ARE PROVIDED “AS IS”, NOR ARE THEY RESPONSIBLE FOR LACK OF AVAILABILITY OR DELAYS IN THE AWARD OF PRIZES. MWF will not be responsible for lost, stolen, damaged or destroyed Prizes once Prizes are delivered to the Winner. No such Prizes will be replaced by MWF. Unused components of Prizes are non-refundable and no cash, credit or merchandise will be issued.
10) VOID WHERE PROHIBITED BY LAW: This Contest is void where prohibited by law. If all or any part of this Contest is prohibited or regulated by the laws or regulations of a particular jurisdiction, MWF reserves the right to disqualify Participants, change, alter or modify eligibility and prize structure (including without limitation the right to limit participation in the Contest) or to suspend or cancel the Contest as may be necessary, in the MWF’s sole discretion, to comply with such laws or regulations.
11) DISPUTE RESOLUTION: As a condition of participation in this Contest, all Participants agree that any and all disputes which cannot be resolved between the Participants and MWF, the Prize Sponsors and/or the Companies, and all causes of action arising out of or connected with this Contest, shall be resolved individually in a state or federal court located in Milwaukee County, Wisconsin, and under the laws of the State of Wisconsin, without giving effect to conflict of laws principles. All Participants in this Contest consent to the jurisdiction and venue of such state and federal courts and waive any rights they may have to a trial before a jury in connection with any such dispute.
12) MWF’s RIGHTS: This Contest is sponsored by Milwaukee World Festival, Inc., 200 N. Harbor Drive, Milwaukee, WI 53202. MWF’s decisions on all matters relating to this Contest will be final. MWF reserves the right, in its sole discretion, to alter or amend these Official Rules and it’s procedures in administering the Contest and to establish additional rules or procedures in the operation of this Contest should MWF, in its sole discretion, so desire.
