Last Updated: September 7, 2026
1. Acceptance of These Terms
These Terms of Use (the "Terms") are a binding contract between you and Big Draw Golf Club, LLC, a Texas limited liability company ("Big Draw," "we," "us," or "our"). They govern your access to and use of www.bigdraw.com, any Big Draw mobile application, and all related content, features, products, promotions, and services we make available (collectively, the "Services").
By accessing the Services, creating an account, purchasing anything from us, or entering any Big Draw sweepstakes, contest, giveaway, or promotion (each, a "Promotion"), you agree to these Terms and to our www.bigdraw.com/pages/policy which is incorporated by reference. If you do not agree, do not use the Services.
Additional terms apply to specific offerings, including the Official Sweepstakes Rules for each Promotion, Shipping Policy, Refund Policy, and SMS/Messaging Terms. Those additional terms are incorporated into these Terms. If an additional term conflicts with these Terms, the additional term controls for the offering it governs.
2. Who May Use the Services
You may use the Services only if you:
(a) are at least eighteen (18) years of age (or the age of majority in your jurisdiction, whichever is greater);
(b) are a legal resident of one of the fifty (50) United States or the District of Columbia and Canada, excluding the Province of Quebec;
(c) are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and are not identified on any U.S. government restricted-party list, including the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List; and
(d) have not previously been suspended or removed from the Services.
Void where prohibited. Certain Promotions are not open to residents of certain states or provinces because of local law. Eligibility restrictions for each Promotion are stated in that Promotion's Official Rules and control over this Section.
The Services are offered from the United States. We make no representation that the Services or any Promotion is appropriate or available for use outside the permitted jurisdictions, and you may not access the Services from a jurisdiction where doing so is unlawful.
3. Changes to These Terms
We may modify these Terms at any time. If we make material changes, we will post the revised Terms with an updated "Last Updated" date and, where required by law, provide additional notice (for example, by email or an in-Service notice). Changes are effective when posted unless we state otherwise. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Services and cancel any active Membership. Changes to Section 24 (Dispute Resolution) will not apply retroactively to any claim of which we had actual notice before the change.
4. Your Account
4.1 Registration. You must create an account to purchase from us, to hold entries, or to participate in most Promotions. You agree to provide accurate, current, and complete information and to keep it updated. Your legal name and mailing address must match the identification you would use to claim a prize.
4.2 One Account Per Person. You may hold only one (1) account. Creating or using multiple accounts, using another person's identity, using a fictitious identity, or using a mail-forwarding service, virtual mailbox, or proxy address to establish eligibility is a material breach of these Terms and grounds for immediate termination and forfeiture of all entries and prizes.
4.3 Security. You are responsible for safeguarding your credentials and for all activity under your account, whether or not authorized by you. Notify us immediately at support@bigdraw.com if you suspect unauthorized access. We are not liable for losses caused by unauthorized use of your account.
4.4 Suspension and Termination. We may suspend, restrict, or terminate your account, cancel pending orders, void entries, and refuse to award a prize, at any time and without prior notice, if we reasonably believe you have violated these Terms or any Official Rules, engaged in fraud or abuse, or if we are required to do so by law. See Section 16.
5. What We Offer
Big Draw is a golf lifestyle brand and promotional club. Through the Services you may:
(a) Purchase merchandise and golf products ("Merchandise");
(b) Purchase of one-time packages and digital content bundles ("Packages") that include a stated number of entries into one or more Promotions;
(c) Subscribe to a recurring Big Draw membership ("Membership") that includes recurring benefits and a recurring allotment of entries; and
(d) Enter Promotions at no cost using the free methods of entry described in Section 6 and in each Promotion's Official Rules.
We may add, change, suspend, or discontinue any part of the Services, any product, or any Promotion at any time, subject to Section 8 for Memberships already paid for and Section 6.4 for entries already issued.
6. Promotions, Entries, and No Purchase Necessary
6.1 Official Rules Control. Every Promotion is governed by its own Official Sweepstakes Rules posted on the applicable Promotion page. By entering, you agree to those Official Rules, which are incorporated into these Terms. Where the Official Rules and these Terms conflict, the Official Rules control as to that Promotion.
6.2 No Purchase Necessary; Equal Odds. NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A free alternative method of entry ("AMOE") is available for every Promotion and is described in the Official Rules. Each entry received through the free AMOE has the same chance of winning as each entry received with a purchase. Purchasing Merchandise, a Package, or a Membership does not increase the probability of winning associated with any single entry.
6.3 Nature of Entries. Entries are a promotional benefit. Entries (a) have no cash or monetary value, (b) are not property, (c) are not transferable, assignable, saleable, or redeemable for cash or credit, (d) do not survive the account holder's death, and (e) may not be combined across accounts or households. When you purchase Merchandise, a Package, or a Membership, you are paying for the Merchandise, digital content, or Membership benefits — not for entries, which are provided at no additional charge.
6.4 Expiration and Forfeiture of Entries. Unless stated otherwise in the Official Rules, entries apply only to the specific Promotion for which they were issued and expire when that Promotion's entry period closes. Entries are void and forfeited if your account is closed, suspended, or terminated, if you request a refund or initiate a chargeback for the associated purchase, or if we determine the entries were obtained in violation of these Terms or the Official Rules.
6.5 Winner Verification. Potential winners must respond within the time stated in the Official Rules and may be required to complete and return an affidavit of eligibility, a liability and publicity release, an IRS Form W-9 or W-8BEN, government-issued identification, and, for certain prizes, a background check and identity/anti-money-laundering verification. Failure to comply, or the return of a notification as undeliverable, results in disqualification and selection of an alternate winner.
6.6 Taxes. YOU ARE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE, PROVINCIAL, AND LOCAL TAXES, AND FOR ALL LICENSING, REGISTRATION, TITLE, INSURANCE, DELIVERY, AND OTHER COSTS ASSOCIATED WITH ACCEPTING, RECEIVING, OR USING ANY PRIZE. We will report prize values to taxing authorities and issue IRS Form 1099 or other tax documentation as required by law, and may withhold amounts where required. We recommend you consult your own tax advisor. We are not your tax advisor.
6.7 Prizes "As Is." ALL PRIZES ARE AWARDED "AS IS" AND "WHERE IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Where a prize is manufactured by a third party, your only warranty is the manufacturer's warranty, if any. No prize may be substituted, transferred, or assigned by a winner, except that we may substitute a prize of equal or greater value at our sole discretion, including a cash equivalent.
7. Orders, Pricing, and Payment
7.1 Prices. Prices are stated in U.S. dollars and are subject to change at any time before you place an order. Applicable taxes and shipping are calculated and displayed at checkout.
7.2 Errors. Despite our efforts, items may occasionally be mispriced or described inaccurately, or shown as available when they are not. We reserve the right to correct errors and to refuse or cancel any order placed at an incorrect price, including after an order confirmation has been sent. If we cancel such an order after you have been charged, we will issue a refund of the amount charged, and any entries associated with that order will be void.
7.3 Payment Authorization. By submitting payment information, you represent that you are authorized to use the payment method and you authorize us (and our payment processors) to charge the full order amount, including taxes and shipping. We may use third-party payment processors and are not responsible for their acts or omissions.
7.4 Order Limits. We may limit or cancel quantities purchased per person, per household, or per order, and may refuse any order in our sole discretion.
8. Memberships and Automatic Renewal
PLEASE READ THIS SECTION CAREFULLY. IT DESCRIBES AN AUTOMATICALLY RENEWING SUBSCRIPTION.
8.1 Enrollment and Renewal. When you enroll in a Membership, you authorize us to charge your payment method the then-current Membership fee, plus applicable taxes, on a recurring basis at the interval disclosed at checkout (for example, monthly) until you cancel. Your Membership automatically renews at the end of each billing period, and the renewal charge is billed to the payment method on file.
8.2 Disclosures at Sign-Up. Before you are charged, we will clearly and conspicuously disclose the recurring charge amount, the billing frequency, the cancellation method, and the deadline to cancel to avoid the next charge. You must affirmatively consent to those terms.
8.3 Price and Benefit Changes. We may change Membership pricing or benefits. We will give you notice at least thirty (30) days before a price increase takes effect, and the increase will apply to billing periods beginning after that notice. If you do not agree, your remedy is to cancel before the increase takes effect.
8.4 Cancellation. You may cancel your Membership at any time, effective at the end of the then-current billing period, through your account settings at www.bidraw.com/member or by emailing support@bigdraw.com. Cancellation must be completed at least twenty-four (24) hours before the next scheduled renewal date to avoid that renewal charge. We will not require you to speak with a representative to cancel.
8.5 Effect of Cancellation. Cancellation stops future charges. It does not retroactively cancel charges already incurred, and it does not entitle you to a refund of any amount already paid, except where required by law. Your Membership benefits continue through the end of the paid period. Entries already issued to you for Promotions whose entry periods have not yet closed remain valid, unless your account is terminated for cause under Section 16.
8.6 Failed Payments. If a Membership charge is declined, we may retry the charge, suspend Membership benefits, and suspend the issuance of Membership entries until payment is successful. We may terminate the Membership after thirty (30) days of nonpayment.
8.7 Free Trials and Promotional Rates. Where we offer a free or discounted introductory period, the Membership converts to the standard recurring rate at the end of that period unless you cancel before it ends. Introductory offers are limited to one per person and per household.
9. Refunds, Returns, and Chargebacks
9.1 Digital Content and One-Time Packages. Digital content, One-Time Packages, and Membership fees are final and nonrefundable once delivered or once the billing period has begun, except where a nonwaivable law requires otherwise.
9.2 Merchandise. Physical Merchandise may be returned in accordance with our www.bigdraw.com/pages/refund. If a purchase that carried entries is refunded, the associated entries are void, and if you have already been selected as a winner using such an entry, the prize is forfeited.
9.3 Billing Errors. Report any suspected billing error to support@bigdraw.com within thirty (30) days of the charge. Amounts not disputed within that period are deemed accepted, to the extent permitted by law and by your card issuer's rules, which are unaffected by this Section.
9.4 Chargebacks. Initiating a chargeback or payment dispute without first contacting us is a breach of these Terms. We may respond by terminating your account, voiding all entries and pending prizes, and refusing future service, and we may recover the disputed amount plus reasonable costs. This does not limit rights you have under applicable consumer-protection law.
10. Shipping and Risk of Loss
Shipping timelines are estimates. Title and risk of loss for Merchandise and for shipped prizes pass to you upon delivery to the carrier. We are not responsible for carrier delays, misdelivery to an address you provided, or loss or damage occurring in transit, except as required by law. Prizes may take up to eight (8) weeks to deliver after verification is complete.
11. Promotional Codes and Credits
Promotional codes, coupons, and account credits are issued at our discretion, are personal to you, have no cash value, cannot be combined unless we say so, and expire on the date stated. We may modify or revoke them at any time, including for suspected fraud or abuse.
12. Electronic Communications; Text Messages
By creating an account or making a purchase, you consent to receive communications from us electronically, including transactional emails and notices about your account, orders, Membership, and Promotions. Electronic communications satisfy any legal requirement that a communication be in writing. Marketing emails include an unsubscribe link. Separately, if you opt in to text messages, our SMS/Messaging Terms (www.bigdraw.com/pages/sms) apply; consent to receive marketing texts is not a condition of purchase, message and data rates may apply, and you may opt out by replying STOP.
13. User Content
13.1 Your Content. "User Content" means any content you submit to or through the Services or to us in connection with a Promotion, including photos, videos, reviews, testimonials, comments, social media posts tagging or mentioning Big Draw, and submissions to any content-based entry method.
13.2 License You Grant Us. You grant Big Draw a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, and distribute your User Content in any media, in connection with operating, marketing, and promoting the Services and Big Draw. This license is perpetual and irrevocable as to User Content already published or incorporated into materials before you remove it; otherwise it ends a commercially reasonable time after you delete the User Content.
13.3 Your Representations. You represent and warrant that you own or have all rights necessary to grant the license above; that your User Content does not infringe or violate any third party's intellectual property, privacy, publicity, or other rights; that you have obtained consent from every identifiable person appearing in it; and that it does not violate any law or these Terms.
13.4 No Obligation to Publish. We are not obligated to publish, retain, or monitor User Content and may remove or refuse any User Content at any time for any reason.
13.5 Feedback. If you send us ideas, suggestions, or feedback about the Services, you agree we may use them without restriction, attribution, or compensation.
14. Our Intellectual Property
The Services and all content in them — including the BIG DRAW and BIG DRAW GOLF CLUB names and logos, text, graphics, photographs, video, audio, software, and the selection and arrangement of all of it (the "Big Draw IP") — are owned by Big Draw or its licensors and are protected by U.S. and international intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial use. All rights not expressly granted are reserved. You may not reproduce, distribute, publicly display, modify, create derivative works from, sell, license, frame, mirror, or otherwise exploit any Big Draw IP without our prior written permission. Third-party names and marks appearing on the Services (including golf equipment and vehicle brands) belong to their respective owners, and their appearance does not imply any sponsorship of or affiliation with Big Draw unless we state otherwise.
15. Prohibited Conduct
You agree not to, and not to help or permit anyone else to:
(a) enter any Promotion by any method other than those set out in the applicable Official Rules;
(b) use any bot, script, macro, automated entry service, or other automated means to enter Promotions, create accounts, or interact with the Services;
(c) create or control multiple accounts, or coordinate with others to circumvent entry caps, one-per-person limits, or eligibility restrictions;
(d) misrepresent your identity, age, residence, or eligibility, or use a false, forwarded, virtual, or temporary address;
(e) exploit a bug, error, or vulnerability to obtain entries, credits, discounts, or prizes, or fail to report one you discover;
(f) engage in fraud, money laundering, payment fraud, or use of stolen or unauthorized payment instruments;
(g) scrape, crawl, index, harvest, or otherwise systematically extract data from the Services, or use any content from the Services to train, fine-tune, or develop any machine learning or artificial intelligence model;
(h) reverse engineer, decompile, or disassemble any part of the Services, or attempt to gain unauthorized access to any account, system, or network;
(i) upload malware, launch a denial-of-service attack, or otherwise interfere with the operation or security of the Services;
(j) post content that is unlawful, defamatory, harassing, hateful, obscene, deceptive, or that infringes the rights of others, including on our social media channels;
(k) resell, rent, or commercially exploit access to the Services, or offer to buy, sell, or transfer entries or accounts; or
(l) use the Services in violation of any applicable law, including gambling, lottery, sweepstakes, consumer-protection, sanctions, and export laws.
16. Suspension, Termination, and Forfeiture
We may investigate suspected violations and may, in our sole discretion and without prior notice: suspend or terminate your account and Membership; cancel orders; void some or all of your entries; disqualify you from current and future Promotions; withhold or revoke a prize not yet delivered; recover the value of a prize obtained in violation of these Terms; and report conduct to law enforcement. Termination does not entitle you to any refund except as required by law.
Sections 6.3, 6.6, 13, 14, and 17 through 30 survive termination.
17. Third-Party Services, Links, and Sponsors
The Services may link to or interoperate with third-party websites, applications, payment processors, shipping carriers, social media platforms, and prize suppliers. We do not control and are not responsible for third-party content, products, policies, or practices, and inclusion of a link is not an endorsement. Your dealings with third parties are solely between you and them.
Social media. Promotions are in no way sponsored, endorsed, administered by, or associated with Meta, Instagram, X, TikTok, YouTube, Google, or any other platform, and you release each such platform from all liability arising from any Promotion.
18. Golf Activities, Events, and Experiential Prizes — Assumption of Risk
Some prizes and Membership benefits may involve golf play, travel, lessons, equipment use, tournaments, or attendance at events (each, an "Activity"). Golf and travel involve inherent risks of property damage, bodily injury, and death, including risks from struck golf balls, clubs, golf carts, weather, lightning, terrain, and the conduct of other participants.
By participating in an Activity, you voluntarily assume all such risks, whether known or unknown, and you release Big Draw and the Released Parties (as defined in the Official Rules) from all claims arising from participation, to the fullest extent permitted by law. You are responsible for determining that you are physically fit to participate and for obtaining your own travel, health, and liability insurance. Big Draw does not own or operate golf courses, resorts, airlines, or transportation providers and is not responsible for their acts or omissions.
19. Disclaimers
THE SERVICES, ALL CONTENT, ALL PRODUCTS, AND ALL PROMOTIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BIG DRAW AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY ENTRY, ORDER, OR COMMUNICATION WILL BE RECEIVED, RECORDED, OR PROCESSED WITHOUT ERROR. WE ARE NOT RESPONSIBLE FOR LOST, LATE, MISDIRECTED, GARBLED, INCOMPLETE, OR UNDELIVERED ENTRIES OR NOTIFICATIONS, OR FOR ANY HARDWARE, SOFTWARE, NETWORK, SERVER, OR TRANSMISSION FAILURE.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BIG DRAW NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY (INCLUDING THE LOST OPPORTUNITY TO WIN A PRIZE), ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT, OR ANY PROMOTION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL BIG DRAW'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR ANY PROMOTION EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO BIG DRAW IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
YOUR SOLE AND EXCLUSIVE REMEDY FOR AN ENTRY THAT IS NOT RECORDED DUE TO OUR ERROR IS THE ISSUANCE OF A REPLACEMENT ENTRY IN THE SAME OR A COMPARABLE PROMOTION, OR, IF THAT IS NOT PRACTICABLE, A REFUND OF THE PURCHASE PRICE ALLOCABLE TO THAT ENTRY.
These limitations apply even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by our negligence, where such limitation is prohibited by law.
21. Indemnification
You agree to defend, indemnify, and hold harmless Big Draw and its members, managers, officers, employees, agents, affiliates, licensors, prize suppliers, and promotional partners from and against all claims, liabilities, damages, losses, judgments, penalties, and costs (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms or any Official Rules; (b) your User Content; (c) your use or misuse of the Services or any product or prize; (d) your participation in any Activity; (e) your violation of any law or any third party's rights; or (f) any tax liability arising from a prize awarded to you. We reserve the right to assume the exclusive defense of any matter subject to indemnification, at your expense, and you agree to cooperate.
22. Copyright Complaints (DMCA)
If you believe content on the Services infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent:
Copyright Agent, Big Draw Golf Club, LLC 1204 Travis Heights Blvd Austin, TX 78704 Email: dmca@bigdraw.com
We will respond to valid notices, may remove or disable access to the material, and will terminate repeat infringers in appropriate circumstances.
23. Force Majeure
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, severe weather, fire, flood, pandemic or epidemic, war, terrorism, civil unrest, labor disputes, government action or regulation, changes in sweepstakes or gaming law, utility or telecommunications failure, cyberattack, or supplier failure. If such an event materially affects a Promotion, we may modify, suspend, or terminate it in accordance with the Official Rules and applicable law.
24. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS HOW YOU CAN SEEK RELIEF FROM BIG DRAW AND REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF A COURT TRIAL OR CLASS ACTION.
24.1 Informal Resolution First. Before starting an arbitration, you agree to send a written Notice of Dispute to legal@bigdraw.com and to 1204 Travis Heights Blvd, Austin, TX 78704 describing the dispute and the relief you seek. We will send our notice to the email on your account. The parties agree to negotiate in good faith for sixty (60) days after the notice is sent. This period is a condition precedent to filing arbitration, and the applicable statute of limitations is tolled during it.
24.2 Agreement to Arbitrate. If the dispute is not resolved, you and Big Draw agree that any claim, dispute, or controversy arising out of or relating to these Terms, the Services, any purchase, any Membership, or any Promotion — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved exclusively by final and binding individual arbitration, and not in court. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
24.3 Administrator and Rules. Arbitration will be administered by American Arbitration Association under its then-current consumer arbitration rules, before a single arbitrator. The arbitrator has exclusive authority to resolve all issues of arbitrability, except that a court decides questions about the enforceability of Section 24.5. The arbitration will be held in Travis County, TX. Judgment on the award may be entered in any court of competent jurisdiction.
24.4 Fees. Payment of filing, administration, and arbitrator fees is governed by the administrator's consumer rules. If your claim seeks $5,000 or less, Big Draw will pay all such fees, other than your initial filing fee up to the amount it would cost to file in court, unless the arbitrator finds your claim frivolous. Each party otherwise bears its own attorneys' fees, except where a statute or the arbitrator's award provides otherwise.
24.5 CLASS ACTION AND JURY WAIVER. YOU AND BIG DRAW 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND BIG DRAW ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY. If this Section 24.5 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and the remainder will proceed in arbitration.
24.6 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies and remains there, and (b) seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to the Services.
24.7 Your Right to Opt Out. You may opt out of this arbitration agreement within thirty (30) days after you first accept these Terms by sending written notice to legal@bigdraw.com with the subject line "Arbitration Opt-Out," including your name, the email on your account, and a clear statement that you opt out. Opting out will not affect any other part of these Terms or your use of the Services.
24.8 Limitations Period. To the fullest extent permitted by law, any claim must be brought within one (1) year after it accrues, or it is permanently barred.
24.9 Damages Limitation in Arbitration. In any arbitration, the arbitrator may award only such relief as a court could award on an individual claim, and, consistent with Section 20, may not award indirect, consequential, or punitive damages except where a nonwaivable statute requires.
25. Governing Law and Venue
These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, where applicable, by the Federal Arbitration Act. For any dispute not subject to arbitration, you and Big Draw consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection based on lack of personal jurisdiction or forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
26. State Consumer Notices
California residents. Under Cal. Civ. Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210. California's Automatic Renewal Law requires that we obtain your affirmative consent to recurring charges, provide the disclosures in Section 8, and offer an online cancellation method; you may cancel at www.bigdraw.com/pages/member.
New Jersey residents. The exclusions and limitations in Sections 19, 20, and 21 apply only to the extent enforceable under New Jersey law.
Other states. Nothing in these Terms waives any right you have under a nonwaivable provision of your state's consumer-protection law.
27. Export Controls and Sanctions
You may not use the Services or receive a prize in violation of U.S. export control or sanctions laws. You represent that you are not located in a comprehensively sanctioned jurisdiction and are not a restricted party.
28. Privacy
Our collection and use of personal information is described in our www.bigdraw.com/pages/privacy. By participating in a Promotion, you consent to the use of your information for administering the Promotion, verifying eligibility, awarding prizes, tax reporting, and, subject to Section 13 and applicable law, publicity.
29. General
Entire Agreement. These Terms, together with the documents incorporated by reference, are the entire agreement between you and Big Draw regarding the Services and supersede all prior agreements on that subject.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain in full force.
No Waiver. Our failure to enforce any provision is not a waiver of it.
Assignment. You may not assign these Terms or your account without our written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
No Third-Party Beneficiaries. Except for the indemnified and released parties identified in Sections 17, 18, 20, and 21, there are no third-party beneficiaries.
Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Big Draw.
Headings. Headings are for convenience only and do not affect interpretation.
Notices. We may give notice by email to the address on your account, by posting in the Services, or by mail. Notices to us must be sent to the address in Section 30.
30. Contact Us
Big Draw Golf Club, LLC Email: support@bigdraw.co
Big Draw Golf Club, LLC is not affiliated with, endorsed by, or sponsored by the PGA of America, the PGA TOUR, the USGA, the R&A, any golf club or any golf equipment manufacturer, except as expressly stated on a particular Promotion page.