You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Linksoul, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Linksoul reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Linksoul also reserves the right to change the short code or phone number from which messages are sent.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Linksoul, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
Reply the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to unsubscribe from 29691. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Linksoul and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Linksoul through any other programs you have joined until you separately unsubscribe from those programs.
Customer Care
If you are experiencing any problems, please contact our customer service agents by emailing customercare@linksoul.com or calling 1-888-217-4911.
Dispute Resolution
General. In the interest of resolving disputes between you and Linksoul in the most expedient and cost effective manner, you and Linksoul agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Linksoul or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Linksoul or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND LINKSOUL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Linksoul to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Linksoul will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Linksoul. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Linksoul intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Linksoul address for Notice is: 530 S. Coast Hwy, Oceanside, California 92504, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Linksoul will make good faith efforts to resolve the claim directly, but if you and Linksoul do not reach an agreement to do so within 30 days after the Notice is received, you or Linksoul may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Linksoul must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Linksoul will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Linksoul for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Linksoul agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Linksoul made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND Linksoul AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Linksoul agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Linksoul makes any future change to this arbitration provision, other than a change to Linksoul address for Notice, you may reject the change by sending us written notice within 30 days of the change to Linksoul address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Linksoul.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
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WIN BUBBA'S 2021 AUGUSTA JORDAN IV GOLF SHOES
OFFICIAL RULES
NO PURCHASE, PAYMENT OR SALES PRESENTATION OF ANY KIND NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA) AGE 21 AND OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED. Employees, and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, of LINKSOUL, LLC ("Sponsor") are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are binding and final on all matters relating to this Sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws.
SWEEPSTAKES PERIOD. The Sweepstakes begins on April 1, 2022 and ends at 11:59:59 PM Pacific Time "(PT)" on April 10, 2022 (the "Sweepstakes Period"). Sponsor's clock is the official time-keeping device for this Sweepstakes.
TO ENTER:
A. Registering Online. During the Sweepstakes Period, you may register for and enter the Sweepstakes online by visiting https://linksoul.com/pages/lee-elder (the "Website") and filling out and submitting the registration form for the Sweepstakes. You will receive one (1) entry into the Sweepstakes for registering online. Limit: Limit of one (1) Sweepstakes entry per person/per email address for registering for the Sweepstakes online.
B. Bonus Entries. Only after you enter the Sweepstakes by registering, you may obtain Sweepstakes bonus entries ("Bonus Entries") during the Sweepstakes Period, the following way:
1. Purchases made at linksoul.com. When you visit linksoul.com during the Sweepstakes Period and make a purchase you will automatically receive a bonus entry for every $100 spent on merchandise ("Bonus Entry Spend"), not including taxes or shipping costs. Limit: There is no limit to the number of Bonus Entries obtained by this method of entry.
C. General Requirements. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the permitted number of registrations/entries/Bonus Entries in the Sweepstakes by using multiple/different email addresses, identities, registrations, or any other methods will void that entrant's entries and that entrant may be disqualified. No automatic, programmed, robotic or similar means of entry are permitted and will result in disqualification. The submission of a registration/online entry is solely the responsibility of the entrant, and all data, Internet access and usage charges are the responsibility of the entrant. If you use your mobile device to log in to the Website, you will be charged according to your wireless service provider's standard data rates. Check with your wireless service provider for details on data rates and other applicable charges.
In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to provide Sponsor with proof that potential winner is the authorized account holder for the email address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.
Once submitted, registrations/entries become the exclusive property of Sponsor and will not be returned. Except as otherwise stated in these Official Rules, personal information collected from Sweepstakes registrations/entries will be used in accordance with Sponsor's Privacy Policy (found at https://linksoul.com/pages/privacy-policy-terms-of-use and with any consent given by an entrant at the time of entry.
Please note that you may not be sent confirmation of receipt of a registration/entry; in the event that your registration is acknowledged in any way following submission, such acknowledgement does not constitute any representation by Sponsor as to the eligibility of your Sweepstakes registration/entry. Any automated computer receipt (such as a confirmation email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. Any illegible, unintelligible, incomplete, or garbled registrations/entries are not permitted and may be disqualified. By entering, you agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Any registrations/entries not in conformance with these Official Rules will be disqualified. For a copy of these Official Rules, please print them from the Website during the Sweepstakes Period.
WINNER SELECTION:
One (1) potential Grand Prize winner will be selected in a random drawing by Sponsor, on or about May 1, 2022 from all eligible entries received throughout the Sweepstakes Period from all entry methods. Sponsor's decisions are final and binding in all matters relating to this Sweepstakes. Odds of winning a prize depend on the number of eligible entries received from all entry methods. Limit one (1) prize per person. Potential winners will be notified by email and will be required to confirm eligibility within twenty-four (24) hours. Potential winners must comply with all of the terms and conditions of these Official Rules; winning is contingent upon fulfilling all requirements. Potential winners will be required to sign and return an Affidavit of Eligibility and Release (an "Affidavit"), and may be required to produce evidence of residency, within three (3) days of notification/verification in order to receive the prize. Sponsor may conduct a background check to confirm any potential winner's eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner.
In the event: (a) a potential winner cannot be reached by Sponsor within 48 hours from first notification after a reasonable effort has been exerted based on the information submitted by potential winner; (b) of noncompliance with the above or within any of the aforesaid time periods; (c) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize; (d) a potential winner cannot or does not comply with the Official Rules; (e) a potential winner's prize notification or Affidavit is returned as undeliverable for whatever reason; or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner may be disqualified from the Sweepstakes in the sole discretion of Sponsor, and (time permitting) Sponsor may select and award the prize to an alternate potential winner by a random drawing from among the other eligible entries received. Up to three (3) alternate drawings will be held, after which the prize will remain un-awarded. Unclaimed prizes may not be awarded, and upon prize forfeiture, no compensation will be given, and Sponsor will have no responsibility or liability to that entrant.
GENERAL CONDITIONS:
Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Administrator reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes (or any portion thereof) and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken. As a condition of entering, entrants (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing): (a) that Sponsor and their respective parents, affiliates, prize suppliers, and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (collectively, the "Released Parties") will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, including any travel related thereto, or participation in this Sweepstakes; (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. By entering, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in San Diego County, California. Each winner, by acceptance of prize, except where legally prohibited, grants (and agrees to confirm this grant in writing if requested) permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
WINNERS' LIST:
For the names of the winners (available after May 1. 2022), send a self-addressed, stamped envelope to: Destination Linksoul Experience, 530 S. Coast Hwy, Oceanside 92054, for receipt no later than June 30, 2022.
SPONSOR: LINKSOUL, LLC, Oceanside, CA 92054
ADMINISTRATOR: LINKSOUL, LLC, Oceanside, CA 92054