CONTRACT TERMS AND
CONDITIONS effective Jan 1, 2011 (Read Carefully)
A. BEFORE TOURNAMENT
1. PAYMENT – A valid and collectable
tournament fee is the basis for Providing Prize(s). Envelope containing check
for Hole-in-won.com, LLC Hole-In-One tournament fee must be postmarked
(non-metered) prior to the day of the tournament or bank deposit receipt into
an account of a Hole-in-won.com LLC account prior to the event. In the event
that collected funds are NSF, certified funds will be forwarded immediately to
Hole-in-won.com LLC to cover such a determination, prior to the event. (HOLE-IN-WON.COM
WILL NOT BE RESPONSIBLE FOR ANY SERVICES AND THIS CONTRACT WILL TERMINATE IF
VALID PAYMENT TO HOLE-IN-WON.COM, IS NOT RECEIVED PRIOR TO EVENT. Hand
delivered payments need a written receipt, dated/timed prior to event and
signed by both client and a Hole-in-won.com official. Client or tournament is
solely responsible for obtaining documentation or proof of payment under this
contract.
2. CHANGES & CONFIRMATION OF CHANGES AND/OR TERMS – Except as set forth in the
Variable Tournament Conditions Section, Client will FAX. EMAIL OR
1ST CLASS MAIL, WRITTEN CONFIRMATION of all telephone and written
communications from client of all valid agreed upon changes and/or terms of the
contract application, PRIOR to the tournament. ONLY a signed, sealed or stamped
confirmation, VERIFYING A VALID AGREED UPON CHANGE, signed by a Hole-in-won.com
Office official, postmarked, faxed or emailed prior to tournament will
supersede prior contract(s), communications or changes of any term(s)
conditions, rules and addendum’s. Confirmation of change(s) in term(s) as with
payment received to Hole-in-won.com is the SOLE responsibility of client
or tournament. Should Hole-in-won.com LLC, at their determination, within
reason, deny coverage within 48 hours of event, phone and/or verbal notification
to the client, sponsor, tournament director, or otherwise a party involved with
the event and a witness is a binding denial of prize providing. NO EXCEPTIONS.
3. SIGNS -
Client's failure to receive or the receipt of incorrect signs, other proposal
documents or other promotional materials does not relieve the client of or
affect its obligations under this agreement and NO partial or total refund will
be given. NO EXCEPTIONS!
B. DURING TOURNAMENT
1. WITNESSES – Unless otherwise stated,
Client must provide the Independent witness(es) required by this section. All
Independent (a non-playing / non-participating) witness(es) must be age 18 or
over, NO witness required by this section may be a playing partner, or the
signor of this contract. Prize limits up to $25,000 one; $25,001 to $99,999 two
witnesses, $100,000 + two witnesses (one of which is a PGA certified Golf
Professional, or a Police Official) AND unedited videotape. Waivers to these
target hole witness provisions are permissible whenever network, cable
television videotape, or unedited videotape of entire target hole activity is
available to Hole-in-won.com, LLC, or a Hole-in-won.com LLC designated
representative AND a Police Official is present at the target hole at all
times. Putting competitions require two separate independent witnesses to
verify distance(s) and two separate independent witnesses for event
activity (4 witnesses total) AND unedited videotape of entire hole(s)
event activity. Hole-in-won.com, LLC representative witnessing an event
must be in writing prior to the event. IF Hole-in-won.com, LLC has
provided supplementary prizes at the client’s request these prizes must
be placed upon the exact hole(s) as indicated in this contract. No
Extra-Independent witnesses are required on these holes as Hole-in-won.com, LLC
will accept the attestments of two or all playing partners if an ace is made.
(See Supplementary Prize section).
2. MINIMUM YARDAGE – The target hole(s) will be
measured from teeing ground to flagstick which will be NO LESS than the
specified yardage, and no More than 10 yards of the contracted yardage.
Temporary greens and Tees are NOT allowed unless specified.
Non-compliance will result in a COMPLETE denial of claim. SEE SPECIFIC RULES
ADDENDUM.
3. SHOTS – NO practice shots,
mulligans, re-try’s are permitted. NO Multiple entries or shots by (1)
individual allowed otherwise. Each category of authorized number of shots is
permitted only during the stipulated round(s) of the named tournament on the
dates covered. Mulligans must be designated on the front of this contract with
a Hole-in-won.com, LLC representative present at target hole at all times
unless stated. Putting Contests, Driving ranges must have NO outside assistance
whatsoever from helping individuals, deflections, or rebounds AND abide by the
USGA Rules of Golf. SEE SPECIFIC RULES ADDENDUM.
4. ELIGIBILITY – A HOLE-IN-ONE must occur
by an officially registered competitor. Pros and Club Pros are not
eligible, unless stated. Elite amateur events are not eligible, unless stated.
SEE SPECIFIC RULES ADDENDUM. In the event that the tournament takes place
on two or more courses, or 3 9-hole courses, the golfer is ONLY ELIGIBLE on the
course that they are assigned to play. Crossing over to another course is
not allowed.
5. TARGET HOLE – Only one pre-designated
hole may be used on the target green. Nine (9) hole courses must specify which
hole(s) will be eligible during the official covered round. Coverage does not
apply unless prize is offered on the EXACT target hole as specified in this
certificate. Holes designated 1-9 would be considered front side and holes
10-18 the backside of a nine-hole course. Men and Women breakdown is NOT
relevant to shots taken at target hole, total # of shots and minimum yardage
is.
C. AFTER TOURNAMENT
1. CLAIM NOTIFICATION – Immediate telephone notice
by client to the claim department of Hole-in-won.com, Inc. will be reported no
later than the first business day after the tournament with written
confirmation to be postmarked within 3 business days. Non compliance will
render the claim null & void. NO EXCEPTIONS.
2. SUPPLEMENTARY PRIZES – Supplementary Awards
values correlate with the distance of the Hole In One. Some of our
sponsored awards may have designated time frames: SEE AWARD CERTIFICATE FOR
DETAILS. ALL other trip awards are based on the following yardage’s:
186yards+=4days/3nights; 141-185yards=3days/2 nights; less than 141 yards = 2
days/1 night. Merchandise packages (Pro Shop, Airline Tickets,
Titleist/Foot-Joy, Travel Credits, etc.) are designated as follows: 186 yards+
= $500; $166-185 yards = $400; 141-165 yards = $300; 120-140 yards = $200; less
than 120 yards = $100. The value of the merchandise and trip awards above
will be determined by the attested statements of the claimants. . Air
Transportation is NOT included unless stated with surcharge paid, prize hole
with air MUST play from the longest remaining par 3. Any Air
Transportation must be from Hole-In-Won.com’s List of major airports and total
airfare price is not to exceed the cap. Two witnesses are required for a
supplementary award claim. Ireland, Hawaii, Kiawah Island MUST play on longest
available supplementary prize hole and/or paid a sur-charge. Hole-in-won.com
reserves the right to substitute prizes of greater or lesser value if awards
are not available. Supplementary Awards are subject to availability and
individual restrictions. NO Cash exchanges. Hole-in-won.com determination is
Final. SEE AWARD CERTIFICATE(S).
3. PROOF OF CLAIM – The following documents
will be furnished to Hole-in-won.com, LLC as proof of a HOLE-IN-ONE claim:
a)
Signed
and completed scorecard of the Ace-Maker.
b)
Certified
copy of Tournament Pairing Sheet by the golf course professional and/or
tournament director.
c)
Attested
statements by the target hole witnesses, tournament director, the successful
Ace-Maker, statement of resident pro and two or more playing partners (Per B-1,
B-2, B-3, B-4, B-5, above). These forms to be furnished by
Hole-in-won.com, LLC, and are to be filled out in full by the appropriate
witness(es). NO EXCEPTIONS
d)
All
employees, witness, winners, and playing partners will submit to a polygraph
test should that demand be made by any representative of Hole-in-won.com, LLC,
or its sponsors. Refusal will result in the forfeiture of the award.
e)
Claimant
must also adhere to all conditions herein, rules and guidelines in the
Hole-in-won.com, LLC "After Accomplishment" form, ALL addendum’s, and
Award Certificate documents.
4. HOLE-IN-WON.COM, LLC's contracts from $25,000.00
and more, are paid out in an installment/annuity plan, 20 years minimum unless
years stated differently AND First Winner ONLY or split award, Unless stated
differently. Hole-in-won.com, LLC reserves the right to substitute
a prize with a variable installment/annuity plan(s), with greater or
lesser value. Cash may be replaced with client approval instead of an
unwanted auto at a rate of 75% of stated value. Exchanges for awards are at the
complete discretion of Hole-in-won.com.
5. DISPUTED CLAIMS – Hole-in-won.com, LLC. Acts
specifically in behalf of Hole-in-won.com, LLC and specifically NOT as an agent
of a client or competitor in a tournament in which Hole-in-won.com, Inc.
provides coverage. Client agrees to indemnify, protect and save harmless
Hole-in-won.com LLC from any cost or expense arising from any claims by any
contestant, director, sponsor, organization, or otherwise, and to submit a
monetary retainer in advance as established “by and to” Hole-in-WON.com prior
to any correspondence with 3rd parties, whether alleged to have been
caused by any act, error, omission or otherwise, negligent or non-negligent by
ANY party. Any and all disputes are EXCLUSIVELY subject to the jurisdiction of
the courts of NEW YORK, NY or Washington, DC with each party liable for their
own attorney’s fees. All disputes or problems that arise which cannot be
settled by the parties will be submitted to mediation first and, if the problem
does not settle, it will be submitted to confidential and binding arbitration
held in a jurisdiction of Hole-In-Won.com’s choosing.
VARIABLE TOURNAMENT CONDITIONS
Specified tournament data pertaining to a change
in number of shots, cancellations, postponements or weather conditions REQUIRE
NOTIFICATION TO Hole-in-won.com, LLC. PRIOR TO THE START OF
TOURNAMENT. Telephone messages are time recorded 24 hours a day, 7 days a week
at the Hole-in-won.com, LLC, OFFICE numbers listed on this contract. You may
also communicate any changes in required coverage in writing or via fax or
email. Postponements, Cancellations or changes in number of player participants
are the ONLY variable condition allowed by phone from client to
Hole-in-won.com, LLC. Rescheduling date MUST be done in writing.
NUMBER OF SHOTS
Each
category of shots specified on this Contract permit a 5% variance, plus or
minus (+ or – 10 players, whichever is less), without a change in the contract
fee. Shot variance greater than 5% or shot variances less than stated number
must be reported to Hole-in-won.com, LLC prior to the tournament. Coverage
fee adjustment will be billed or refunded after the tournament.
IMPORTANT: PUTTING CONTESTS, SHOOTOUT EVENTS & DRIVING RANGE EVENTS MUST
use precise number of shots or contract will be deemed Null & Void. IMPORTANT:
The prize value will be prorated downward if a Hole In One occurs and the number
of contracted shots has been understated by more than the allowed 5% variance.
(Example: Number of shots covered divided by the number of shots taken times
the prize value - Amount Paid).
REFUND POLICY for PAYMENTS
ALL Requests for a Refund MUST Be done IN WRITING and PRIOR TO Event Start.
SPECIAL CONDITIONS Assuming
no shots were taken on the target hole(s), a full 100% refund will be made if
the tournament is canceled due to inclement weather preventing play, or this
contract will be amended to a rescheduled rain date without additional charge. Partially
completed events before weather termination allow the unused number of
shots premium to apply to a rescheduled rain date. The rescheduled or
(partially completed event) requires written notification to, and acceptance by
Hole-in-won.com, LLC. Telephone notification of cancellation, or postponement,
must be reported by the client no later than the first business day after
tournament, with written confirmation to be postmarked, faxed or emailed within
3 business days. AND WILL BE VERIFIED BY a HOLE-in-WON Representative BEFORE ANY REFUND WILL BE ISSUED.
Should the Golf course NOT verify that the event was cancelled or partially cancelled SOLELY Due to Inclement Waether NO Refund will be issued
ALL NON GOLF EVENTS have NO REFUNDS DUE or REFUND POLICY
