2013 Birdies for Charity
TERMS & CONDITIONS
THE PLAYERS Championship is an annual PGA TOUR professional golf tournament held at TPC Sawgrass in Ponte Vedra Beach, Florida. THE PLAYERS is operated by PGA TOUR, Inc. and is focused on generating revenue for charitable organizations in the five (5) county greater Jacksonville area.
Birdies for Charity is a fundraising program operated by PGA TOUR Charities, Inc. designed to give participating charities in the five (5) county greater Jacksonville area the opportunity to generate contributions for their organization in connection with the number of birdies made by PGA TOUR players during THE PLAYERS.
The program has three primary components:
1. Solicitation of donations from individuals
2. Guess the Birdies contest
3. Bonus Pool
The primary goal of the Birdies for Charity program is to successfully solicit and collect donations from the general public. Each participating organization has the opportunity to solicit donations from individuals. PGA TOUR Charities will not solicit donations for any participating charity. 100% of the donations collected (after deduction of credit card processing fees, if any) will go to the particular charity who solicited the donation.
To create additional excitement for the program, PGA TOUR Charities will conduct a Guess the Birdies contest. Participants who make a donation or complete an official donation form are eligible to guess the number of birdies that will be made by PGA TOUR players during the official competition rounds of THE PLAYERS. The Guess the Birdies entry form will be included in the official Birdies for Charity donation form as well as the program online donation portal that will be hosted and maintained by PGA TOUR Charities. Participants must submit their guess for the Guess the Birdies contest when submitting the official Birdies for Charity donation form or making a donation online. A prize determined by PGA TOUR Charities will be awarded to the individual who correctly guesses the exact number of birdies made during THE PLAYERS. If no individual guesses the exact number of birdies made, then the prize will be awarded to the individual who guesses the closest to such number (without going over). In case of any ties, tournament-knowledge questions of increasing difficulty as selected by PGA TOUR Charities will be posed until a winner is determined (by correctly answering such question(s)).
As additional excitement for the participating charities in the program, PGA TOUR Charities will award a Bonus Pool, which will be distributed to participating charities based on the percentage of the total amount raised under the Birdies for Charity program that is allocable to such charity. The percentages applicable to each charity will be based solely on PGA TOUR Charities’ books and records and may be broken in to multiple tiers based on the operating budget of the participating charity or other factor determined by PGA TOUR Charities in its sole discretion.
Participating charities are prohibited from soliciting donations in advance of the official kick-off of the program as defined by PGA TOUR Charities. Charities may notify constituents via normal communication (e.g., newsletter) that the charity is participating in the program but may not directly or indirectly request a donation be made in advance of the official program period. Failure to abide by this prohibition will result in expulsion from the program.
Limited use of the trademarks Birdies for Charity and THE PLAYERS will be granted to participating charities provided that samples of any material bearing such trademarks must be submitted to PGA TOUR Charities for its approval prior to distribution. Unauthorized use of the trademarks Birdies for Charity, THE PLAYERS, PGA TOUR Charities or any trademark owned by PGA TOUR is strictly prohibited and is grounds for immediate expulsion from the program.
Participating charities are responsible for collection and submission to PGA TOUR Charities of all printed official donation forms prior to the program deadline established by PGA TOUR Charities. PGA TOUR Charities is not responsible for any donation forms not received by such deadline. Incomplete or illegible donation forms will be returned without being processed and will not be included in the program.
Donations to participating charities from PGA TOUR Charities will be equal to 100% of the collected donations less solely applicable credit card processing fees. No payment will be made for uncollected donations. Payments made over and above the stated donation amount on official donation forms will be paid to the applicable charity.
Payments of donations online are made to PGA TOUR Charities and not the participating charity. Payments of donations via cash or check are made directly to the participating charity. Each participating charity is required to submit to PGA TOUR Charities a Donation Report Form identifying donations made directly to the charity. PGA TOUR Charities will establish a deadline for participating charities to submit the Donation Report Form. Within approximately thirty (30) days after THE PLAYERS, PGA TOUR Charities will make payment to each participating charity of applicable online donations collected by PGA TOUR Charities under the Birdies for Charity program.
Each participating charity must be and must remain throughout the Birdies for Charity program a United States 501(c)(3) charitable entity, duly formed, validly existing and in good standing under the laws of Florida and must remain qualified to do business in all jurisdictions in which the nature of its business or assets would so require. Each participating charity, including the individual registering for participation on behalf of the charity, represents that it has full power and authority to enter into and perform its obligations under the program and that the consummation of the transactions contemplated by participation have been duly and validly authorized. These terms and conditions constitute a legal, valid and binding agreement of charity and are enforceable against it in accordance with its terms. Each charity agrees that it and any employees, agents or contractors it may employ or utilize shall comply with all applicable laws, statutes, ordinances, rules and regulations of any governmental authority and with any rules or regulations promulgated by PGA TOUR Charities in connection with the program.
Further, each charity covenants and agrees to indemnify and hold PGA TOUR Charities and its respective officers, directors, employees, affiliated entities, and sponsors (and their respective officers, directors and employees) (collectively, the “TOUR Indemnities”) harmless from and against any and all losses, claims, damages, expenses, judgments, awards, petitions, demands or liabilities (including without limitation reasonable counsel fees whether incurred in preparation for trial, at trial, on appeal or in bankruptcy proceedings), joint or several, to which any of TOUR Indemnities may become subject (collectively, “Claims”) arising out of or in connection with (a) charity’s breach of its obligations, (b) the negligence or willful misconduct by charity or its officers, directors, employees, contractors or agents in connection with the performance of charity’s obligations except to the extent that any such Claim arises from the negligence or willful misconduct of a TOUR Indemnitee, and/or (c) any aspect of the development, implementation, promotion, and operation of a sweepstakes, raffle or contest conducted by charity related to the Birdies for Charity program, including without limitation, any claim asserted by any governmental or regulatory entity related thereto. PGA TOUR Charities will notify charity promptly upon receipt of notice of any such Claim, and charity will assume responsibility for the defense thereof on behalf of the appropriate TOUR Indemnitee at charity’s sole cost and expense. This indemnity shall survive termination or expiration of the program.
The rules for participation may be amended at any time by PGA TOUR Charities. PGA TOUR Charities is a 501(c)(3) charitable Florida organization. Payment to PGA TOUR Charities is tax deductible to the extent permitted by law.
A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE OF FLORIDA (800) 435-7352. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE OF FLORIDA. PGA TOUR CHARITIES, INC.’S REGISTRATION NUMBER ISSUED BY THE FLORIDA DEPARTMENT OF AGRICULTURE DIVISION OF CONSUMER SERVICES UNDER CHAPTER 496 OF THE FLORIDA STATUTES IS CH-3169.