IF YOU BELIEVE YOU ARE A WINNER OF THE HOLE-IN-ONE CONTEST, NOTIFY THE COURSE’S PRO SHOP WITHIN 24 HOURS OF MAKING YOUR HOLE-IN-ONE.
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OFFICIAL RULES
If you believe you are a winner of the Hole-in-One Contest, you must notify the pro shop within 24 hours of making your hole in one.
IMPORTANT: If you believe you have won a prize, in addition to complying with the balance of these Official Rules, you must notify the pro shop within 24 hours of hitting your winning shot!
OFFICIAL RULES
These Official Rules (the “Rules”) bind all Participants that enter the Automated Contest Evidence Contest (the “Contest”). The Contest is operated by Automated Contest Evidence, LLC (ACE) (the “Company”) at participating golf courses. Capitalized terms used in these Rules without definition shall have the meanings assigned to them in the “DEFINITIONS” section.
THIS CONTEST IS VOID WHERE PROHIBITED BY LAW. THE CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
In the event of a conflict between the Rules and any other materials published by the Company or any representations made by the Company or any other third party, including a participating golf course or agent thereof, the Rules shall govern and control.
Section 1. DEFINITIONS.
For purposes of these Rules, the following terms shall have the meanings set forth below and any derivatives of terms shall have the correlative meanings:
Company means Automated Contest Evidence, LLC (ACE)/ACE Golf Systems.
Contest means the hole in one contest governed by these Rules.
Entry Fee means a sum of money required to be paid by an individual to a participating golf course to become a Participant in the Contest, subject to the other eligibility requirements in Section 2.
Participant means any individual who fully complies with the eligibility requirements in Section 2, including the payment of the Entry Fee.
Playing Partner means any individual with whom the Participant is playing their round of golf.
Potentially Winning Shot means a golf shot struck from the tee box on which Company is offering a prize and ends up in the hole on that specific hole on the same shot, which Participant believes entitles him or her to a Prize, but has not yet been confirmed as a Verified Winning Shot by Company.
Prize means the cash amount offered by the Company in the event a Participant makes a Verified Winning Shot.
Rules means these Official Rules, governing the Contest.
USGA’s Rules of Amateur Status means the United States Golf Association’s Rules of Amateur Status.
Winners Claim Form means the document that needs to be completed by a Participant after he or she has made a Potentially Winning Shot as part of the process to confirm the shot as a Verified Winning Shot.
Verified Winning Shot means a shot that has been confirmed by the Company as complying with these Rules, which therefore entitles the Participant to the Prize.
Witness is any person, including a Playing Partner, who saw the Participant strike a Potentially Winning Shot.
Section 2. ELIGIBILITY AND ENTERING.
The Contest is only open to individuals who comply with the USGA’s Rules of Amateur Status who: (i) are at least eighteen years of age, and (ii) are rightfully engaging in a full round of golf for adequate consideration at a participating golf course.
To be eligible to win a Prize, a participant must have, prior to commencing his/her round by teeing off on the first or tenth hole of a participating golf course (or any other hole if playing in a “shotgun” event or if otherwise instructed by the participating golf course), paid either a standard greens fee which included an Entry Fee to participate in the Contest or a separate/additional Entry Fee to be eligible for the Contest. Participants may be asked to retain their receipt from the participating golf course showing the payment of the Entry Fee.
The Contest is only available when the participating golf course is open during normal operating hours and only when Company’s cameras and other recording equipment are operational and can easily verify a Potentially Winning Shot. The contest is valid between 6:00 AM and 10:00PM.
To qualify as a hole-in-one, Participant, as determined by the sole discretion of the Company, must have struck the shot from behind the tee markers on the designated tee box which corresponds to Participant’s biological sex or age. If a Participant hits a winning shot from their non-designated tee box on the contest hole or if the Participant hits a winning shot from less than 135 yards for Men and 115 yards for women, the grand prize amount will be adjusted based on the yardage of the shot and is at the discretion of the Company. The grand prize will be $1,000.00 for Men hitting from a tee box 135 yards or more from the hole or Women hitting from a tee box 115 yards or more from the hole. The grand prize will be $750.00 for Men hitting from a tee box 115-134 yards from the hole or Women hitting from a tee box 100-114 yards from the hole. The grand prize will be $500.00 for Men hitting from a tee box 114 yards or less from the hole or Women hitting from a tee box less than 100 yards from the hole. If a golf course’s standard hole-in-one grand prize is set at a value different than $1,000, all variable yardage payouts will be adjusted proportionately. All of Participant’s equipment used during the round in which a Potentially Winning Shot was struck must comply with the United States Golf Association’s Rules of Golf currently in effect. Only the first shot in which a Participant strikes the ball will qualify for the Contest; provisional shots, shots struck after incurring a penalty on a prior attempt, mulligans, practice shots, and the like are not eligible. To be eligible, the Participant’s shot itself must comply with all of the United States Golf Association’s Rules of Golf currently in effect.
Section 3. HOW TO CLAIM A PRIZE.
In the event a Participant believes they have made a Potentially Winning Shot, Participant must notify the pro shop at the participating golf course within 24 hours of making their Potentially Winning Shot and fill out all documents provided by the participating golf course, as required to win a prize.
Participant and all Playing Partners must endorse the Winner’s Claim Form for the round of golf during which the Potentially Winning Shot was made. Participant must provide to the Company the completed Winner’s Claim Form, W9 Form, Contest affidavit, and photocopy of Participant’s driver’s license. Failure to meet the three requirements in the preceding sentence may keep a Potentially Winning Shot from becoming a Verified Winning Shot. Golf course management must provide verification of yardage of the winning shot and sign the Winner’s Claim Form.
Section 4. 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.
Prizes will be paid only to the Participant who made the Verified Winning Shot (the process for verification is explained in Section 5). Prizes may be subject to U.S. withholding requirements and prize payout may be reduced in connection therewith and as otherwise required by law. Winners are solely responsible for all federal, state, and/or local taxes on Prize. Prize will be paid via check to the address provided on the Winners Claim Form and video footage of the Verified Winning Shot will be emailed to the email address provided on the Winners Claim Form.
Section 5. VERIFICATION OF WINNER.
IF FOR ANY REASON COMPANY’S CAMERAS OR RECORDING EQUIPMENT MALFUNCTIONS AND DOES NOT FULLY CAPTURE THE EVIDENCE NEEDED TO VERIFY A POTENTIALLY WINNING SHOT, COMPANY WILL NOT BE REQUIRED TO PAY A PRIZE. PARTICIPANT’S SOLE REMEDY IS THE REFUND OF THE ENTRY FEE.
As a condition to claiming the Prize, Company may require the Participant to make himself or herself and any Witnesses available for questioning by Company or its agent(s) and/or designee.
Participation in the Contest constitutes each Participant’s consent to Company’s use of Participant’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 (except where prohibited by law). By participating in the Contest, Participants winning a Prize further agree to execute any specific consent needed or requested by Company, 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.
Section 6. RELEASE; LIMITATIONS OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL COMPANY, OR PARTICIPATING GOLF COURSES AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, MEMBERS, PRINCIPALS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE TO PARTICIPANT FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) YOUR PARTICIPATION IN THE CONTEST; (B) USE OF YOUR EMAIL ADDRESS AND PHONE NUMBER AND COMPANY’S 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 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.
Section 7. GOVERNING LAW & DISPUTE RESOLUTION.
The Rules and Contest are governed by, and subject to, the laws of the state of Wisconsin, without giving effect to the principles of conflicts of laws.
Any dispute arising with respect to these Rules or the Contest shall be settled by arbitration in Appleton, Wisconsin, by a single arbitrator mutually agreed to by the disputing parties pursuant to the rules of the American Arbitration Association, but without any requirement that the parties utilize the arbitration services of the American Arbitration Association. Such arbitration shall be the sole and exclusive remedy for such disputes. Any award rendered shall be final and conclusive upon the parties, and a judgment may be entered in any court having jurisdiction.
Section 8. SEVERABILTY.
Each provision of these Rules shall be considered severable, and if for any reason any provision or provisions of these Rules are determined to be invalid or contrary to any existing or future law, the invalidity shall not affect or impair the operation of those portions of these Rules that are valid.
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