Terms and Conditions
SWING KING HOLE IN ONE SKILL CONTEST
THE SKILL CONTEST IS VOID WHERE PROHIBITED BY LAW AND WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET. THE SKILL CONTEST IS SUBJECT TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
In the event of a conflict between these Official Rules and any marketing materials published by Swing King and/or any representations made by any party other than Swing King, including but not limited to any participating golf course employee, these Official Rules govern and control.
The Skill Contest is open only to amateur golfers (as defined by the United States Golf Association (the “USGA”) under the “Rules of Amateur Status”) who: (i) are at least eighteen (18) years old, or the age of majority in the state in which this Skill Contest is being entered, (ii) are rightfully engaging in a full round of golf and/or a Swing King sanctioned event for just consideration at a participating golf course, and (iii) have never earned a PGA Professional card nor ever been a Club Professional or Touring Professional (as both terms are defined by the USGA).
2. CONTEST PERIOD:
The Skill Contest ends on a date designated by Swing King, in its discretion.
3. HOW TO ENTER AND WIN:
To enter, participants (each a “Participant”) must: (i) pay and receive a verifiable receipt for a valid contest entry fee at a participating golf course (subject to entry fee and the corresponding prize as designated at participating golf course at the time of entry) (collectively “Entry Fee”), (ii) be a member of the Swing King Hole in One Club at a participating golf course, or (iii) have their entry fee included or added to their greens fees for daily play, tournaments, or outings (collectively an “Entry”).
This Skill Contest is only open to participants who take part during the normal daylight operating hours of a participating golf course, excluding days when the course is closed whether due to repair, holiday, or any other reason, and only when Swing King’s monitoring cameras and equipment are operational and in full working order.
After Entry, a Participant is limited to one (1) golf swing (the “Shot”) from the appropriate tee box, as set forth below, of the hole designated by the participating golf course (“Eligible Hole”) at the time of participation for a chance to hit a hole in one. Limit one (1) Shot per participating Entry. Participant may purchase additional Shots at certain participating golf courses as agreed to by the participating golf course and Swing King. A Shot will only be deemed a potentially winning Shot (“Potentially Winning Shot”), if such Shot is taken between the appropriate tee markers, as set forth below, and come to rest, without any interference of any kind, in the cup of the Eligible Hole. A Shot will be deemed to have been taken when the Participant’s golf club comes in contact with his/her ball. No mulligans, practice shots, or substitute shots are allowed. Participant taking a Shot must be eligible as set forth herein.
By participating in this Skill Contest, you hereby agree that all interpretations shall be subject to the USGA Rules of Golf available at usga.org.
EACH PARTICIPANT MUST USE EQUIPMENT CONFORMING TO USGA SPECIFICATIONS, AND MUST TEE-OFF BETWEEN THE TEE MARKERS IN THE TEE BOX THAT MEET ALL 3 OF THE FOLLOWING CONDITIONS: (I) ARE NO CLOSER THAN THE TEE MARKERS DESIGNATED FOR SUCH PARTICIPANT’S HANDICAP, AGE, AND GENDER (FOR EXAMPLE, WOMEN MUST TEE-OFF NO CLOSER THAN THE WOMEN’S TEE AT THE HOLE); (II) IS NOT MORE ADVANTAGEOUS OR CLOSER THAN THE TEE MARKERS AND TEE BOX FROM WHICH PARTICIPANT HAS BEEN CONSISTENTLY TEEING OFF DURING PARTICIPANT’S CURRENT ROUND (FOR EXAMPLE, MEN PLAYING FROM THE LONGER MEN’S TEE CANNOT MOVE UP TO THE SHORTER MEN’S TEE AT THE HOLE); AND (III) ARE IN ANY EVENT LISTED ON THE SCORECARD AS NO CLOSER THAN 135 YARDS FROM THE HOLE FOR MEN, AND 120 YARDS FROM THE HOLE FOR WOMEN. PARTICIPANT MAY NOT MOVE OR ADJUST THE TEE MARKERS SET BY A PARTICIPATING GOLF COURSE.
No Participant, Witness (as defined below), or other party may do anything that obstructs or affects or could obstruct or affect the travel or course of the ball being played by the Participant. Any attempt to obstruct or affect the travel or course of the ball will be considered a violation of these Official Rules and the Participant shall be deemed ineligible to receive any prize and shall forfeit their Entry Fee.
Swing King reserves the right to disqualify a Participant’s Shot in this Skill Contest if it becomes aware, in its sole discretion, of any malfunction of its video system. In such event, Swing King’s sole liability to participant will be a refund of the Entry Fee in Swing King’s sole discretion.
4. HOW TO CLAIM A PRIZE:
In the event that a Participant hits a Potentially Winning Shot, Participant must notify the Pro Shop at the participating golf course before leaving the course and fill out all paperwork as required to claim a prize which can be found at https://www.swingking.com/golf-winners/form (the “Winners Claim Form”).
Participant must provide Swing King with the names of any parties that are at least eighteen (18) years old, or the age of majority within the state in which the Skill Contest was entered, that were present and witnessed the Potentially Winning Shot (individually a “Witness” and, collectively, the “Witnesses”), and Participant and each Witness must endorse the score card for the round of golf in which the Potentially Winning Shot was made. Participant must preserve this score card.
Participant must furnish to Swing King or to the Pro Shop of the course where the Potentially Winning Shot was made the: (i) Winners Claim Form; and (ii) the endorsed score card signed by the Participant and Witness(es).
5. ENTRY FEE AND PRIZES:
Entry Fees required to be paid and the prize corresponding therewith will be designated at the participating golf course at the time of entry, which may be subject to additional terms provided at the time of entry.
The prizes are non-transferable. Prizes will be subject to applicable U.S. withholding requirements and prize payout may be reduced in connection therewith and as required by law. All prize details not specified in these Official Rules will be determined in Swing King’s sole and absolute discretion. Winners will be solely responsible for all federal, state and/or local taxes on prize. Delivery will be via check and will only be to the verified winner’s physical mailing address (no P.O. Boxes) in the fifty (50) United States or the District of Columbia except in Swing King’s sole and absolute discretion and will be the physical mailing address entrant used at the time of submission of Winners Claim Form. Delivery date within sixty (60) days after verification is completed and the exact date is to be determined by Swing King.
In the case of a valid Winner winning a $1,000,000 prize, the $1,000,000 grand prize will be paid out in equal installments of $25,000 per year without interest, with the first payment to be made within approximately 30 days after the occurrence of the hole in one; and the subsequent thirty-nine (39) payments of $25,000 on the anniversary such first payment. The valid winner may elect to receive a lump sum cash payment of $575,000 in lieu of the annuity payment at his/her discretion. All taxes for such prizing is the full responsibility of the valid winner.
6. VERIFICATION OF WINNER:
If any potential winner is ineligible, or the prize or prize notification is not deliverable, the prize is forfeited. Neither Swing King nor participating golf courses are or shall be responsible or liable for late, lost, misdirected or unsuccessful efforts to notify the potential winner(s) or prize utility, quality, damages of any kind during shipping or anytime thereafter. Except where prohibited, participation in the Skill Contest constitutes each winner’s consent to Swing King and participating golf course’s and their respective agents’ use of winner’s name and likeness, for advertising, promotional, and other purposes in any manner, in any and all media, now known or hereinafter devised, worldwide, in perpetuity, without further payment or consideration, notification, or permission (unless prohibited by law), and by participating in the Skill Contest, you further agree to execute any specific consent needed or requested by Swing King, participating golf courses or their respective designees in furtherance of such use. Additional paperwork, releases, background checks or screenings, to the extent allowed by law, may also be required before a prize can be awarded.
Upon receipt of the documents listed above, Swing King shall have a period of thirty (30) business days to investigate and verify the Potentially Winning Shot.
As a condition to claiming the Skill Contest prize, Swing King may require the Participant to make him/herself and the Witness(es) available for questioning by Swing King or its agent and/or designee and, if desired in Swing King’s sole discretion, to submit to a polygraph examination at a time and place reasonably convenient to both Swing King and the Participant or Witness. The costs of the polygraph examination will be borne by Swing King. Further, it shall be the Participant’s sole responsibility to cause any Witness required to submit to such questioning by Swing King and/or its agent and/or designee.
Swing King shall be afforded more than thirty (30) days to conduct this verification process if its video equipment has malfunctioned or suffers from other errors or glitches subsequent to the Potentially Winning Shot, or if more time is reasonably needed to question or examine Participant and/or Witness(es).
Swing King reserves the right, in Swing King’s sole discretion, to deny a prize based on any facts reasonably calling the validity of the Participant’s prize claim into question. In the event that a prize is denied in good faith, including, but not limited to, the malfunctioning of equipment or lack of credible Witnesses, Swing King shall issue a refund of the Participant’s entry fee and shall have no further obligation or liability to the Participant whatsoever.
All Potentially Winning Shots are subject to verification of eligibility before a prize can be awarded. You can only be verified as a winner by Swing King. Any information you receive from a participating golf course is not confirmation of winning.
Potential winners who do not provide the required information, or do not abide by these Official Rules or other instructions of Swing King may be disqualified at Swing King’s sole and absolute discretion.
7. RELEASE; LIMITATIONS OF LIABILITY; GENERAL CONDITIONS:
UNDER NO CIRCUMSTANCES WILL SWING KING, OR PARTICIPATING GOLF COURSES AND THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERSHIP, MEMBERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE TO PARTICIPANT FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR PARTICIPATION IN THE SKILL CONTEST; (B) USE OF YOUR EMAIL ADDRESS AND PHONE NUMBER AND SWING KING VIDEO AS PERMITTED UNDER THESE OFFICIAL RULES; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) THE ACTION OR INACTION OF ANY GOLF COURSE, GOLF COURSE MANAGEMENT COMPANY OR RESORT; OR (E) YOUR ACTIVITIES AT OR TRAVELING TO OR FROM A GOLF COURSE AND OR PARTICIPATION IN THIS SKILL CONTEST; OR, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, OR TELECOMMUNICATIONS FAILURE). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO PARTICIPANT. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE RELEASED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE RELEASED PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT OR SERVICE OWNED OR CONTROLLED BY THE RELEASED PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Released Parties related to the Skill Contest. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
PARTICIPANT AGREES THAT THE SKILL CONTEST IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RELEASED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) PARTICIPATION IN THE SKILL CONTEST; AND/OR (B) USE OF EMAIL ADDRESS, PHONE NUMBER AND VIDEO AS PERMITTED UNDER THESE OFFICIAL RULES. IN ADDITION, THE RELEASED PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, AND QUIET ENJOYMENT. THE RELEASED PARTIES DO NOT REPRESENT OR WARRANT THAT THE SKILL CONTEST WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT PARTICIPATION IN SKILL CONTEST IS AT PARTICIPANT’S SOLE RISK.
YOU ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN GOLF IS A POTENTIALLY STRENUOUS ACTIVITY AND PRESENTS RISK OF PROPERTY DAMAGE, PERSONAL INJURY AND DEATH. YOU HAVE VOLUNTARILY ELECTED TO PARTICIPATE IN THE ACTIVITIES ASSOCIATED WITH THE SKILL CONTEST WITH KNOWLEDGE OF THE DANGERS INVOLVED, AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF PROPERTY DAMAGE, PERSONAL INJURY, AND DEATH. YOU DO HEREBY WAIVE, RELEASE, AND DISCHARGE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, AND WRONGFUL DEATH, AND CLAIMS OF ANY NATURE WHICH MAY HEREAFTER ACCRUE TO YOU OR YOUR ESTATE AS A DIRECT OR INDIRECT RESULT OF YOUR PARTICIPATION IN THE SKILL CONTEST.
PARTICIPANT HEREBY ACKNOWLEDGES THAT HE/SHE IS BEING VIDEOTAPED AND MONITORED BY SWING KING’S SYSTEMS, and that Swing King shall own all pictures, film, and references captured by its video monitoring system. Participant hereby releases and consents to Swing King’s use of Participant’s image, likeness, and information for whatever purpose it desires in conjunction with the marketing and promotion of Swing King (unless prohibited by law). The Participant, by participating in this Skill Contest, consents and hereby irrevocably authorizes Swing King to use, copy, exhibit, publish and distribute the Winner’s name, image, and likeness, however lawfully acquired, in any manner whatsoever, through any medium whatsoever, whether in existence now or to come into existence in the future including, but not limited to, the internet/online, print, multimedia, film and video, for the purpose of promoting Swing King throughout the world and universe. Participants further understand and agree that Swing King may edit, modify and/or use any such likeness or image as Swing King deems appropriate. Each Participant agrees that he/she will make no monetary or other claim against Swing King for the use of, or in relation to, the use of such name, image and/or likeness. In addition, Participants hereby waive any right to inspect or approve any finished material or publication, including, but not limited to, written copy, wherein any such name, image or likeness appears. Winner(s) hereby understands and acknowledges that once released by Swing King, including as part of any legally required winner’s list, winner’s name, image or likeness may be used by a third party(ies) and that Swing King will have no control over such use by such third party(ies). Each winner agrees to hereby hold harmless and release “Released Parties” (as defined below) from all claims, demands and causes of action which winner, his/her heirs, representatives, executors, administrators or any other persons acting on winner’s behalf or on behalf of winner’s estate have or may have by reason of this authorization.
Swing King reserves the right to modify, suspend, cancel, or discontinue any Skill Contest at any time for any reason, including without limitation to comply with applicable laws, rules, and regulations, and to take any actions Swing King deems necessary, in its sole discretion, to protect its participating golf courses, or if any virus, bug, technical failures, unauthorized human intervention or other causes beyond Swing King’s control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Skill Contest. Swing King reserves the right to correct clerical or typographical errors in promotional materials, including without limitation these Official Rules.
Any attempt to deliberately damage the content, materials, operating systems, monitoring systems, or activities of this Skill Contest is unlawful, disqualifies the Participant, and is subject to legal action by Swing King or its agents and assigns.
If any Participant or party that is present with Participant is found tampering with, hacking, cheating, or abusing any aspect of Swing King’s operating or monitoring systems, or equipment, or whom Swing King believes to be causing, with or without intent, any malfunction, error, disruption, damage to the Swing King equipment and/or system, or attempting to create an unfair advantage for Participant, such Participant and such party that is present with Participant will automatically be disqualified and may be subject to prosecution under law.
In the event that either party files an action to enforce these Official Rules, or any action is filed in relation to, stemming from, or interpreting these Official Rules, whether for declaratory, injunctive, legal, equitable, or other relief, the prevailing party in such action shall be entitled to an award of the reasonable costs and fees (including reasonable attorneys’ fees) that the prevailing party incurred in the action.
The failure of either party to insist on the performance of any of these Official Rules, or the waiver of any breach of these Official Rules, shall not be construed as a waiver of the term(s) or condition(s), and the term(s) and condition(s) shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
Swing King reserves the right to modify or add to these Official Rules at any time without prior notice ("Updated Official Rules"). You agree that Swing King may notify you of the Updated Official Rules by posting them on the Swing King website so that they are accessible via a link on the home page, and that your participation in the Skill Contest after Swing King has posted the Updated Official Rules (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Official Rules. Therefore, you should review these Official Rules before participating in the Skill Contest. The Updated Official Rules will be effective as of the time of posting, or such later date as may be specified in the Updated Official Rules, and will apply to your participation in the Skill Contest from that point forward.
These Official Rules shall constitute the entire understanding between the parties with regard to the subject matter discussed herein. Any prior written or oral or contemporaneous oral representations shall not be binding on either party except to the extent expressly and specifically stated in these Official Rules.
8. GOVERNING LAW AND VENUE:
These Official Rules are governed by, and subject to, the laws of the State of Illinois, without regard to such states conflict of laws rules. For purposes of litigating any dispute that arises directly or indirectly from the relationship of the parties evidenced by this Official Rules, the parties hereby submit to and consent to the exclusive jurisdiction of the State of Illinois and agree that such litigation shall be conducted only in the courts of Cook County, Illinois, or the federal courts for the United States for the Northern District of Illinois, and no other courts.
Digital Golf Technologies, Inc., a Delaware corporation d/b/a Swing King (“Swing King”), 954 W. Washington Blvd., Suite 505, Chicago, IL 60607.
Swing King reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Skill Contest in violation of these Official Rules and/or criminal and/or civil law.