GOLF CONTEST CONTRACT TERMS AND CONDITIONS effective Jan 1, 2018
NOTE: Although the Contractual Golf Terms included herein are the Standard, Easily Conforming and Reasonable Golf Contest Terms,
Hole-in-WON works with MANY clients on Amending, Customizing or Waiving terms for your events Specific Needs.
CONTACT US for modification needs via email vp@Hole-in-WON.com or phone 24 x 7 (203) 219-3090
Hole-in-WON.com, LLC the FIRST Hole in One Golf Contest Company, hereby agrees to reimburse the client named on this contract up to a maximum specified prize value if a Hole-in-One or Hole in One Putt (as defined by the USGA rules of Golf), occurs on the date(s) and target hole(s) as specified. SUCH PAYMENT SHALL BE SUBJECT to the FOLLOWING CONTRACT, IT'S TERMS, CONDITIONS, ANY and ALL ADDENDUM’S, RULE’S, VARIABLE TOURNAMENT CONDITIONS, RECEIPT and ACCEPTANCE BY a SIGNATURE, STAMP or SEAL FROM a HOLE-in-WON.COM, LLC MAIN OFFICE PRIOR TO EVENT. International Events (outside the U.S.) “may” need receipt of contract application, 24 hours prior to event, as certain country International Banking Laws could supersede this agreement and be in effect. U.S. E.S.T. and acceptance prior to event, unless stated in writing. Check with Hole-in-WON.com. It is imperative that client complies with ALL terms, addendum’s, and conditions found on both sides of this contract application, and on ALL additional addendums, rules, claim documents & confirmed emails. USGA rules apply in ALL competitions, holes & locations [Putting, Driving Ranges, Parks, and Open Areas etc. NO EXCEPTIONS]. Any Non-Compliance with any rule, term or condition will result in a denial of a prize claim. ALL Contract Terms, Addendum’s and Variable Tournament Conditions are the SOLE responsibility of the client. Client agrees that this is a contractual agreement between two parties, Hole-in-WON.com & Client to simply provide prizes. This is not an insurance policy or product. VOID where prohibited by law. Client has full responsibility to ascertain that this agreement complies with all local laws and will indemnify and hold harmless Hole-in-WON.com, LLC from any wrong doing in all matters. All terms and conditions, subject to change at the discretion of Hole-in-WON.com. Visit www.Hole-in-WON.com/Golf-Terms-Conditions.html.
CONTRACT TERMS AND CONDITIONS effective Jan 1, 2018
(Read Carefully)
A. BEFORE TOURNAMENT
- PAYMENT – A Valid and collectable tournament fee is the basis for Providing Prize(s) Prior to event start. 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, valid credit card 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 or Bank Credit Card authorization clearance or any issue(s) occur, alternate valid collectable payment, certified funds or bank wire 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 PAYMENT VALIDATION SERVICE or SERVICE(S) 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
- CHANGES & CONFIRMATION of CHANGES and/or TERMS – Except as set forth in the Variable Tournament Conditions Section D, Client will FAX, EMAIL, TEXT or 1ST CLASS MAIL ONLY, WRITTEN CONFIRMATION of all written communications and telephone from client of all valid agreed upon changes and/or terms of the contract application and amendments, 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, with Date & Time, postmarked, faxed, texted or emailed Prior to tournament will supersede Prior contract(s), communications or changes of any term(s) condition(s), rule(s) 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, client assignee or event officials. Should Hole-in-WON.com, LLC, at their determination, within reason, deny coverage by email, text, phone and/or verbal notification to the client, sponsor, tournament director, or otherwise a party involved with the event or a witness is a Binding Denial of the contracted prize providing. NO
- 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
- 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 Independent witness required by this section may be a playing partner, or the signor of this Prize limits up to $25,000 one-two witnesses; $25,001 to $99,999 two witnesses; $100,000 + two witnesses (one of which is a PGA certified Golf Professional, or a Police Official for $100,000 + ONLY prizes) 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. ALL Playing Partners are required to complete an individual attestment form in ALL Golf Contests. (See Congratulations Winning Claim Form). 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 contracted 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 or their sponsor request these prizes must be placed upon the exact hole(s) as indicated in this contract. No Extra-Independent witnesses or unedited videotape 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).
- MINIMUM YARDAGE – The MAIN (Large NON-Supplementary Prize) target hole(s) will be measured from teeing ground to flagstick which will be NO LESS than the specified contracted yardage. Temporary Greens and Tees are NOT allowed unless specified. Supplementary Prize Award hole(s) will have a minimum distance of 90 yards unless specified (see Supplementary Prize Section). Non-compliance will result in a COMPLETE denial of claim. SEE SPECIFIC RULES ADDENDUM for your Hole-in-WON Golf Contest. SHOTS – NO practice shots, mulligans (extra attempts by a golfer), re-tries are permitted. NO Multiple entries or shots by (1) individual allowed, otherwise complete contract will be null and void. Each category of authorized number of shots is permitted only during the stipulated round(s) of the named tournament on the dates covered. Mulligans (extra shots by 1 player) must be designated on the front of this contract with witness requirements met or a Hole-in-WON.com, LLC representative present at target hole at all times unless stated. Putting Contests, Driving Ranges, Open Areas, Parks, Fields, etc., must have NO outside assistance whatsoever from helping individuals, deflections, or rebounds AND abide by the USGA Rules of SEE YOUR SPECIFIC RULES ADDENDUM.
- ELIGIBILITY – A HOLE-in-ONE must occur by an officially registered competitor. Pros and Club Pros as well as professionals defined by Hole-in-WON.com are not eligible, unless stated on front of contract. Elite amateur events where 50% or greater have SINGLE digit handicaps are not eligible, unless stated. SEE SPECIFIC RULES ADDENDUM. In the event that the tournament takes place on two or more courses, days or (3) 9-hole courses, the golfer is ONLY ELIGIBLE on the course that they are assigned to play and at the assigned date(s) and time(s). Crossing over to another course is not allowed.
- TARGET HOLE – Only one pre-designated hole may be used on, the target green. Nine (9) hole courses must specify different names for each 9 hole course and specifically which hole(s) will be eligible during the official prize covered round. Coverage does not apply unless prize is offered on the EXACT # target hole as specified in this contract. Holes designated 1-9 would be considered front side and holes 10-18 the backside of a 9-hole course when played twice. Men and Women breakdown is NOT relevant to shots taken at target hole, total # of shots and minimum yardage
C. AFTER TOURNAMENT
- CLAIM NOTIFICATION – Immediate telephone notice by client to the claim department of Hole-in-WON.com, will be reported no later than the first business day after the tournament with written confirmation to be postmarked within 3 business days. Email will suffice. Noncompliance will render the claim null & void. NO
- SUPPLEMENTARY PRIZES – Supplementary Awards are ancillary to this contract and have no effect on fees, unless stated. Values correlate with the distance of the Hole in One. Some of our sponsored awards may have designated trip time frames: SEE AWARD CERTIFICATE(S) for SPECIFIC DETAILS. ALL other trip awards are based on the following yardages: 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 $ value cap. Two witnesses are required for a supplementary award claim. Ireland, Hawaii, Kiawah Island, Pebble Beach, St Andrews, Casa de Campo and some other awards, MUST play on longest available supplementary prize hole(s) and/or pre-paid 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) and visit https://www.hole-in-won.com/Hole-in-one-free-golf-tee-signs-charity-outings-tournaments.htm for additional information and updates on these awards or contact Hole-in-WON directly.
- PROOF of CLAIM – The following documents will be furnished by and returned to Hole-in-WON.com, LLC as proof of a HOLE-in-ONE Golf Contest claim:
- Congratulations Form that explains, first to final steps, instructions and requirements for a winning claim.
- Signed and completed scorecard of the Ace-Maker.
- Certified copy of Tournament Pairing Sheet by the golf course professional and/or tournament director.
- Attested statements by the target hole witnesses, tournament director, the successful Ace-Maker, distance requirement witness(es), hole diagram form 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) only and individually. NO EXCEPTIONS.
- Additional player(s) or witness(es)in the event, may be requested at any time by Hole-in-WON.com.
- 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.
- Claimant must also adhere to all conditions herein, rules and guidelines in the Hole-in-WON.com, LLC "After Accomplishment – Congratulations", winning claim instruction form, ALL Addendum(s), Rule(s), USGA, any additional Official Organization(s) Event rules and Award Certificate
- HOLE-in-WON.COM, LLC's – Reserves the right to substitute a prize with any of their choice, greater or lesser value with variable installment/annuity plan(s), at any time irrespective of previous agreement. Cash may be substituted with client and Hole-in-WON.com approval instead of an unwanted tangible award or auto at a rate of 66.67% of stated value. Exchanges and values for awards are ONLY at the complete discretion of Hole-in-WON.com. Unless stated differently contracts are split award or first winner only. Unless years stated differently contracts are paid out in the installment/annuity plan, 10 years minimum, split award or first winner only. All contractual clauses in Term section C. # 4 subject to change. NO
- DISPUTED CLAIMS – Hole-in-WON.com, LLC, Acts specifically on behalf of Hole-in-WON.com, LLC and specifically NOT as an agent of a client, sponsor or competitor in a tournament in which Hole-in-WON.com provides coverage. Client agrees to indemnify, protect and save harmless Hole-in-WON.com, LLC its agents, employees, and assignees from any and all costs, expenses, employee time, loss of business, legal fees, plus expenses from any claims or causes of actions brought by any contestant, participant, director, sponsor, organization, entity, third party, themselves or otherwise, arising out of the performance of the event(s), the issuance or attempted issuance of this contractual agreement whether bound or only in the process of completion, solely, of the choosing of Hole-in-WON.com. Client will be contractually obligated to submit a monetary retainer in advance, as established “by and to” Hole-in-WON.com prior to any correspondence with direct parties and 3rd parties of the dispute to be used against costs, expenses accrued, legal and otherwise or offset against the additional fees from the dispute or claim value. Client will protect hold harmless and defend Hole-in-WON.com from any and all actions whether alleged to have been caused by any act, error, and omission, negligent or non-negligent or otherwise by ANY party.
- DISPUTED PAYMENTS – Clients will be liable for all additional collection costs, attorney fees, court costs for any NSF checks, charge back(s), credit card or any non-timely payment issue caused by any act, error, omission or otherwise negligent or non-negligent by any party not to exceed $2,500.00 or allowable by law unless stated in writing by Hole-in-WON.com
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.
D. VARIABLE TOURNAMENT CONDITIONS
Specified tournament data pertaining to a change in any event information, 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 contest 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. EXCEPT contractual prizes of $50,000.00 or greater. Number of shots and postponements for this prize level must be done in writing and confirmed in writing by Hole-in-WON.com PRIOR TO the start of the tournament. Rescheduling date MUST be done in writing Email will suffice.
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 to obtain a payment credit. 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 lower or contract will be deemed Null & Void. IMPORTANT: The prize value will be prorated downward if a Golf Hole-in-One Contest occurs and the number of contracted shots has been understated without notification. (Example: Number of shots covered divided by the number of shots taken, times the prize value = Amount Paid).
INCLEMENT WEATHER
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 or a future event within that fiscal year. The rescheduled or (partially completed event) requires written notification to, and acceptance by Hole-in-WON.com, LLC, and Telephone notification of cancellation, or postponement, must be reported by the client no later than the first business day after tournament, with follow up written confirmation to be postmarked, faxed, texted or emailed within 3 business days. NO Exceptions.
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