Terms and Conditions
TERMS AND CONDITIONS
A. BASIC INSTRUCTIONS:
Eligibility: THIS GAME OF SKILL (herein “Game of Skill”) is open to Amateur golfers (as defined by the United States Golf Association (the “USGA”) who (i) are at least eighteen (18) years old, or the age of majority in the state in which this Game of Skill is being entered, at the time of participation in the Game of Skill, (ii) are rightfully engaging in a full round of golf, for just consideration, at the subject golf course, (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), and (iv) have agreed to be governed by the terms herein (“Participant”).
Sponsor: This Game of Skill is sponsored by Digital Golf Technologies, LLC, a Delaware limited liability company (“DGT”).
Limitations: This Game of Skill is only open to Participants during the normal daylight operating hours of the participating golf course, excluding days when the course is closed whether due to repair, holiday, or any other reason, and only when DGT’s monitoring cameras and equipment are in full working order.
How to Enter: Participants must i) be a member of the DGT Hole in One Club at a participating golf course and/or ii) be participating in a tournament our outing that is using the DGT system for a hole in one tournament at a qualifying course and/or iii) have their shot sponsored by the participating golf course included in their greens fees.
B. RULES:
By participating in this Game of Skill, you hereby agree to be governed by 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 (i) appropriately corresponds with their handicap, age, and gender, and (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. Participant may not move or adjust the tee markers.
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 Terms and Conditions and the Participant shall be deemed ineligible to receive any prize and shall forfeit their entry fee.
Participant is allowed one Shot per sponsored hole, per purchased round. To win this Game of Skill, Participant’s Shot must begin between the appropriate tee markers and come to rest, without any interference, in the designated cup of the sponsored hole, as a result of a single swing by Participant. NO mulligans, practice shots, or substitute shots are allowed. Participant must be the person taking the Shot, and cannot substitute another person to take the Shot in Participant’s place.
C. HOW TO CLAIM A PRIZE:
In the event that Participant’s Shot comes to rest in the designated cup of the sponsored hole (a “Winning Shot”), Participant must notify the pro shop at the participating golf course before leaving the course and fill out all paperwork provided by the Pro Shop attendant as required to claim a prize.
Participant must provide DGT 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 Game of Skill was entered, that were present when the Shot was made and that witnessed the 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 Winning Shot was hit. Participant must preserve this score card.
Participant must furnish toDGT or to the Pro Shop of the course where the Winning Shot was hit the (i) Winners Claim Form; and (ii) the Witness Information Form; and (iii) the endorsed score card signed by those individuals who fill out the Witness Information Form.
D. VERIFICATION:
Upon receipt of the documents listed in Subsection C (3), above, DGT shall have a period of thirty (30) business days to investigate and verify the Winning Shot.
As a condition to claiming the prize of this Game of Skill, within ten (10) days of such request being sent to the Participant, DGT may require the Participant to make him/herself and the Witness(es) available for questioning by DGT or its agent and/or designee and, if desired in DGT’s sole discretion, to submit to a polygraph examination at a time and place reasonably convenient to both DGT and the Participant or Witness. The costs of the polygraph examination will be borne by DGT. Further, it shall be solely the Participant’s responsibility to cause any Witness required to submit to such questioning by DGT and/or its agent and/or designee, to participate in any such proceeding.
DGT 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 Winning Shot, or if more time is reasonably needed to question or examine Participant and the Witnesses.
DGT reserves the right, in DGT’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, DGT shall issue a refund of the Participant’s entry fee and shall have no further obligation or liability to the Participant whatsoever.
E. AWARD OF PRIZE:
Upon DGT’s completion of the verification process detailed in Section D, above, and upon DGT’s approval of the Winning Shot, DGT shall contact the winning Participant (the “Winner”) and shall specify a time and place for the awarding of the prize. The time and place for the awarding of the prize shall be reasonably convenient to both DGT and the Winner, and shall occur within thirty (30) days of DGT approving the Winning Shot.
All applicable taxes are the sole responsibility of the Winner. Winner will be required to provide DGT a W-9 form for tax reporting. If Winner fails to provide DGT with a W-9, then DGT shall request such form from Winner. If Winner subsequently fails to provide DGT with a W-9 within ten (10) days of DGT’s request, then Winner shall be disqualified from the awarding of the prize.
Prior to the awarding of the prize, the Participant agrees to sign additional documentation (the “Prize Reaffirmation”) that may include, but not be limited to, (i) acknowledgement on the part of the Participant that he/she had read, understood and agreed to these terms and conditions prior to participating in this Game of Skill, (ii) that receipt of a check in the amount of the prize shall constitute complete, full and final satisfaction of the awarding of the prize to the Participant and (iii) a general release forever releasing DGT and its members, officers, directors, managers, employees and representatives from any and all claims and/or actions and other liabilities that could be brought by Participant, Participant’s successors in interest, personal representatives or assigns, under any theory of law at any time. It is expressly understood that Participant’s failure to sign such Prize Reaffirmation shall be deemed a breach of these Terms and Conditions and shall result in the forfeiture of any prize to be given to Participant.
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.
F. GENERAL CONDITIONS AND WAIVERS:
By entering this Game of Skill, Participant agrees to be bound by these Terms and Conditions, and acknowledges that he/she will act in accordance with all Game of Skill rules and requirements. Any false representation or material omission will disqualify Participant from eligibility and a right of refund.
Participant hereby acknowledges that he/she is being videotaped and monitored by DGT’s systems, and that DGT shall own all pictures, film, and references captured by its video monitoring system and Teeosk. Participant hereby releases and consents to DGT’s use of Participant’s image, likeness, and information for whatever purpose it desires in conjunction with the marketing and promotion of DGT. The Participant, by participating in this Game of Skill, consents and hereby irrevocably authorizes DGT to use, copy, exhibit, publish and distribute the Winner’s name, image, and likeness, how ever 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 DGT throughout the world and universe. The Winner further understands and agrees that DGT may edit, modify and/or use any such likeness or image as DGT deems appropriate. The Winner agrees that he/she will make no monetary or other claim against DGT for the use of, or in relation to, the use of such name, image and/or likeness. In addition, the Winner hereby waives 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 hereby understands and acknowledges that once released by DGT Winner’s name, image or likeness may be used by a third party(ies) and that DGT will have no control over such use by such third party(ies). Winner agrees to hereby hold harmless and release DGT, its members, officers, agents and representatives, 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. DGT shall not disclose the Winner’s physical or email address, nor phone number, in any such materials or publications.
DGT and its related, affiliated, and subsidiary companies, officers, directors, members, employees, representatives, agents, and/or independent contractors are not responsible for claims, injuries, losses or damages of any kind resulting from participation in this Game of Skill, or acceptance, use, misuse, possession, loss or misdirection of any awarded prize.
Entry fees and the right to participate cannot be sold, assigned, delegated or otherwise transferred under any circumstances.
Any attempt to deliberately damage the content, materials, operating systems, monitoring systems, or activities of this Game of Skill is unlawful, disqualifies the Participant, and is subject to legal action by DGT 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 DGT’s operating or monitoring systems, or equipment, or whom DGT believes to be causing, with or without intent, any malfunction, error, disruption, damage to the DGT 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.
By entering this Game of Skill Participant acknowledges and agrees that DGT may use Participant’s email address and phone number to send promotional materials, updates, and notifications, and may share Participant’s information with third parties for marketing purposes.
If Participant desires that DGT not share Participant’s email and/or telephone number with others for marketing purposes nor send Participant email or text notifications with promotional materials, updates and/or other notifications, other than the Confirmation and other required communications in conjunction with the approval and prize awarding process, then Participant must notify DGT of such desire in writing via email or letter, it being understood that such restriction shall only apply to the subsequent sharing of information by DGT in the event information was previously shared with others prior to DGT receiving such notification.
G. MISCELLANEOUS:
Dispute Resolution: All disputes under this Agreement shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The parties shall appoint a mutually agreeable arbitrator reasonably familiar with Game of Skills and contracts. In the event the parties are unable to agree to a single arbitrator, the dispute shall be submitted to a panel of three (3) arbitrators, one of which shall be reasonably familiar with Games of Skill and contracts. Each party shall appoint an arbitrator and the two arbitrators so appointed shall then select a third arbitrator. The arbitrators shall apply applicable federal laws and regulations and the laws of the state of Delaware., The decision of the arbitrators shall be binding and conclusive on all parties involved, and judgment upon their decision may be entered in a court of competent jurisdiction. The prevailing party in any such arbitration shall be entitled to collect from the non-prevailing party all costs of the arbitration, including reasonable attorneys' fees. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis, or on a basis involving claims brought in a purported representative capacity on behalf of others.
Forum and Venue: By entering this Game of Skill, Participant agrees that any and all disputes, causes of action, or claims between DGT and any party affected by this Game of Skill or these Terms and Conditions shall be governed by the laws of the state of Delaware, without regard to its conflict of law provisions. The sole venue for such dispute, cause of action, or claim shall be in the court of competent jurisdiction in the state of Delaware.
No Waiver: The failure of either party to insist on the performance of any of these Terms and Conditions, or the waiver of any breach of these Terms and Conditions, 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.
Entire Agreement: These Terms and Conditions 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 Terms and Conditions.
Prevailing Party: In the event that either party files an action to enforce these Terms and Conditions, or any action is filed in relation to, stemming from, or interpreting these Terms and Conditions, 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.
