
Effective Date: DATE OF ACCEPTANCE BY GOLFER
Business Name: Hole-In-Won, LLC dba Won Shot, a Nevada Limited Liability Company (“Company,” “we,” “us,” or “our”)
These Terms and Conditions ("Terms and Conditions") govern participation in Company's hole-in-one game ("Game").
By agreeing to these Terms and Conditions and participating in Company's Game, participant ("Golfer," "you," "your," or "participant") acknowledges that Golfer:
If you do not agree to these Terms and Conditions, you cannot participate in Company's Game. Electronic acknowledgment shall have the same legal effect as a handwritten signature.
Participation is open only to individuals who:
To participate in a qualifying attempt in Company's Game:
To qualify for the Payout (which may range from $2,000 (USD) to $10,000 (USD) depending on the hole(s) location and may vary from golf course to golf course (referred to herein as the "Payout")):
Any deviation from the foregoing disqualifies the attempt. Company retains sole, absolute, and final discretion in determining whether a valid hole-in-one has occurred.
IMPORTANT NOTES: Golfer is limited to one successful hole-in-one attempt within a one (1) week period of time. If another ball in the vicinity of the designated target hole is knocked into the designated target hole by a Company-designated ball, by another ball, or as a result of any other impact, it does not constitute a qualifying hole-in-one eligible for the Payout.
If Golfer believes he/she has hit a qualifying hole-in-one and is entitled to a Payout, Golfer must notify Company within twenty-four (24) hours by any of the following means:
Failure to provide notice within 24 hours may, in Company's sole discretion, result in ineligibility for payment.
As an express condition precedent to any payment, Golfer must execute a written declaration signed under criminal penalty of perjury affirming that all rules and requirements under these Terms and Conditions have been satisfied and that no fraud, misrepresentation, tampering, or rule violation has occurred.
The Payout is expressly conditioned upon both:
Company verification may include, but is not limited to, a combination of the following: video review; photograph review; payment confirmation, including date and time; ball tracking; witness interviews; and sworn declarations or affidavits. If verification cannot be completed to Company's reasonable satisfaction for any reason, the claim for payment may be denied. Golfer agrees to promptly and consistently communicate with Company during Company's internal verification process.
The thirty (30) day payment window (described below) does not begin to run until both notice and verification, as discussed above, are completed.
IMPORTANT NOTE: Golfer is encouraged to video record his/her attempts so as to provide Company with additional verification that may help streamline the verification process.
Subject to the rules, requirements, and conditions set forth herein, the Payout for a qualifying hole-in-one shall be made as follows:
Company reserves the right to deny issuance of the Payout if any one or more of the following occurs:
Golfer desires to play Company's Game, and in consideration for being permitted by Company to so participate, and in recognition of Company's reliance thereon, Golfer acknowledges and agrees: GOLFER IS AWARE AND UNDERSTANDS THAT THE GAME IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF INJURY, DISABILITY, AND/OR FINANCIAL LOSS. GOLFER ACKNOWLEDGES THAT ANY INJURIES THAT GOLFER SUSTAINS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF COMPANY AND COMPANY'S AGENTS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OF COMPANY. NOTWITHSTANDING THE RISK, GOLFER ACKNOWLEDGES THAT GOLFER IS KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE GAME WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS ARISING FROM THE GAME, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF COMPANY OR OTHERWISE.
Golfer expressly waives and releases any and all claims, now known or hereafter known, against Company, and its officers, managers, employees, agents, affiliates, members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to Golfer's participation in the Game, whether arising out of the ordinary negligence of Company or any Releasees or otherwise. Golfer covenants not to make or bring any such claim against Company or any other Releasee, and forever releases and discharges Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that applicable state law does not permit to be released by agreement.
To the maximum extent permitted by law, Company's total liability to Golfer shall not exceed $10,000 (USD). Company shall not be liable for indirect, incidental, consequential, punitive, or special damages. Company makes no warranties, express or implied, regarding the Game.
By participating in the Game and/or accepting payment from Company, Golfer grants Company, and its successors and assigns, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, and sublicensable license ("License") to use, adapt, modify, create derivative works of, reproduce, distribute, perform, display, publish, and otherwise exploit, in any number, language, or form, and by any means now known or later developed, Golfer's name, image, likeness, voice, biographical information, and statements, whether commercially or otherwise, in whole or in part, in unmodified form or in composite or distorted form, in reproductions or originals, in color or otherwise, and in any medium and manner that Company deems fit, including pictures, photographs, books, magazines, exhibits, digital and social media, artistic works, and any other works or forms of expression now known or hereafter developed, until such time (if any) as Golfer provides Company with written revocation of this License. Golfer expressly waives any right of approval or inspection of any works that may be created by Company.
Golfer hereby releases Company and its employees, officers, directors, affiliates, licensees, assigns, and agents (individually and collectively, "Agents") from any and all claims Golfer may have now or in the future for invasion of privacy, violation of right of publicity or personality rights, defamation, false light, or any other claims or causes of action arising out of Company's (or its Agents') exploitation of the materials contemplated herein. Golfer further releases and discharges Company and its Agents from any liability by virtue of any blurring, distortion, alteration, optical illusion, use in composite form, or other modification, whether intentional or otherwise, that may occur or be produced in any processing tending toward the completion of the finished works contemplated herein.
If any portion of Company's Game is deemed illegal for any reason in a given jurisdiction, participation and payment is void in such jurisdiction.
Company may modify, suspend, or terminate the Game at any time for legal, operational, or business reasons. Changes become effective upon posting (uploading).
These Terms and Conditions shall be construed in accordance with and governed by the laws of the State of Nevada, without regard to conflict-of-law principles.
IMPORTANT NOTE: PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
Any and all disputes, claims, controversies, or causes of action of any kind whatsoever arising out of or relating in any way to these Terms and Conditions, the Game, any hole-in-one attempt, any denial of payment, whether in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, "Claims"), shall be submitted to and decided by final and binding arbitration to the fullest extent allowed and enforceable under applicable law. This mutual obligation to arbitrate is binding on both Golfer and Company, and neither party may pursue covered claims in court except as expressly allowed by these Terms and Conditions.
Any such arbitration shall be governed by the Federal Arbitration Act (FAA) to the exclusion of any state law inconsistent with the FAA. Company shall pay all arbitration filing fees, administrative fees, arbitrator compensation, and any other costs required by the arbitration provider to initiate and proceed with the arbitration, to the extent required by applicable law, except where applicable law requires or permits Golfer to pay an initial filing fee in an amount no greater than the fee for initiating a civil action in court. Each party shall pay its own costs and attorneys' fees, if any, including deposition, witness, and expert fees, and other expenses to the same extent as if the matter were being heard in court. However, if any party prevails on a claim which affords the prevailing party attorneys' fees and costs, the Arbitrator may award reasonable attorneys' fees and costs to the prevailing party. Any dispute as to the reasonableness of any fee or cost shall be resolved by the Arbitrator.
WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION CLAIMS. EXCEPT FOR REPRESENTATIVE CLAIMS WHICH CANNOT BE WAIVED UNDER APPLICABLE LAW AND WHICH ARE THEREFORE EXCLUDED FROM THESE TERMS AND CONDITIONS ("EXCLUDED CLAIMS"), GOLFER AND COMPANY EXPRESSLY INTEND AND AGREE THAT: (A) CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION CLAIMS AND PROCEDURES ARE HEREBY WAIVED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND SHALL NOT BE ASSERTED, NOR WILL THEY APPLY, IN ANY FORUM, INCLUDING ANY ARBITRATION PURSUANT TO THESE TERMS AND CONDITIONS; (B) EACH PARTY WILL NOT ASSERT OR FILE ANY CLASS OR COLLECTIVE ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST THE OTHER IN ARBITRATION OR OTHERWISE; AND (C) EACH PARTY SHALL ONLY SUBMIT THEIR OWN, INDIVIDUAL CLAIMS IN ARBITRATION AND WILL NOT SEEK TO REPRESENT THE INTERESTS OF ANY OTHER PERSON. TO THE EXTENT THAT THE PARTIES' DISPUTE INVOLVES BOTH TIMELY FILED EXCLUDED CLAIMS AND COVERED CLAIMS, THE PARTIES AGREE TO BIFURCATE AND STAY FOR THE DURATION OF THE ARBITRATION PROCEEDINGS ANY SUCH EXCLUDED CLAIMS.
WAIVER OF JURY OR COURT TRIAL. THE PARTIES UNDERSTAND AND FULLY AGREE THAT BY ENTERING INTO THE AGREEMENT TO ARBITRATE, THEY ARE WAIVING ALL RIGHTS TO HAVE THEIR CLAIMS COVERED BY THESE TERMS AND CONDITIONS HEARD OR DECIDED BY A JURY OR IN A COURT OF LAW AND ARE GIVING UP THEIR NORMAL RIGHTS OF APPEAL FOLLOWING THE RENDERING OF A DECISION, EXCEPT AS APPLICABLE LAW PROVIDES FOR JUDICIAL REVIEW OF ARBITRATION PROCEEDINGS. THE PARTIES ANTICIPATE THAT BY ENTERING INTO THIS AGREEMENT TO ARBITRATE, THEY WILL GAIN THE BENEFITS OF A SPEEDY AND LESS EXPENSIVE DISPUTE RESOLUTION PROCEDURE.
If any provision of the Terms and Conditions are held unenforceable, the remaining provisions shall remain in full force and effect.
These Terms and Conditions constitute the entire agreement between Golfer and Company regarding the Game and supersede all prior representations or agreements.