THE GREENLINKS CHALLENGE
Terms & Conditions
Acknowledgement/Acceptance. Contestant’s participation in The GreenLinks Challenge (“TGC”) is expressly conditioned on the Contestant’s acceptance of these terms and conditions (“Terms and Conditions”). It is expressly understood that if such Terms and Conditions were not accepted and agreed to by Contestant (as identified in Registration), Contestant would not be eligible to participate in the GreenLinks Fairway Challenge.
1. The TGC Commandments. Contestant represents and warrants that Contestant shall abide by the following TGC Commandments: Contestant (i) is at least eighteen (18) years of age or older; (ii) has an active account membership with GreenLinks (“Account”) (iii) is the individual identified in the associated GreenLinks Account and credit card on file; (iv) is engaged in a full round of golf at a GreenLinks sponsored golf course; (v) accepts the non-refundable TGC entry fee for the selected TGC game and skill level; (vi) participation in the TGC complies with the United States Golf Association (“USGA”) Rules of Golf and equipment standards; and (vii) is an Amateur Golfer, has never qualified for a PGA card, and is neither a Club Professional or a Touring Professional, as such terms are defined by the USGA.
2. Let’s Play
2.1. Let’s Go Already. To play TGC simply:
(i) select the desired challenge and level for each GreenLinks sponsored hole selected to play;
(ii) confirm challenge, level and pay entry fee associated with each challenge selected at the course; and
(iii) specify time of attempt upon reporting win.
Any Contestant who successfully completes their challenge (by making the respective birdie or hole in one) wins (“Winner”). Contestant is limited to one swing per hole (“TGC Shot”).
2.2. Challenge & Skill Selection. For each GreenLinks hole Contestant wants to play, Contestant will decide whether they want to attempt a hole in one, a birdie, or have the option of making one or the other. After selecting the challenge, Contestant will then select their skill level. Prizes and entry fees will vary depending on the challenge and skill level selected by the Contestant, as will be shown on the GreenLinks App during the selection. Prizes increase as entry fees increase. Challenge and level may be selected before or after course check in.
2.3. Tech Savy. Contestant will play TGC using the GreenLinks App, which will be made available to Contestant via a GreenLinks tablet and monitored through the GreenLinks camera system (“GreenLinks Equipment”). Contestants can play the TGC during normal business hours of the GreenLinks sponsored golf course, provided that GreenLinks’ Equipment is in proper operating condition. The GreenLinks App will provide GPS showing distance to the hole, however the distance to hole displayed is only approximate. The GreenLinks App is also available for download for use with Contestants’ personal handheld devices.
2.4. Non-Refundable Entry Fee. Contestant must pay the specified entry fee for the selected challenge and level prior to attempting TGC Shot. A separate entry fee is required for each sponsored GreenLinks hole Contestant wants to play. The TGC entry fee is non-refundable. By authorizing GreenLinks to process entry fee payment, Contestant acknowledges, confirms. and agrees to be bound by to the fee amount, potential prize, and these Terms and Conditions. GreenLinks reserves the right to issue Contestant credits for future on a case by case basis.
3. Show Me The Money.
3.1. To win a prize, Contestant must pay the non-refundable entry fee for the GreenLinks sponsored hole, check in to the course, take the TGC Shot, and hit a birdie or hole-in-one. Contestant must notify GreenLinks of the win within twenty-four (24) hours of the Contestant’s swing (“Winner’s Notice”).
3.2. GreenLinks shall have up to thirty (30) days after receiving the Winner’s Notice to investigate and verify the winning shot (“Verification Period”).
3.3. After verifying the Winner’s Notice, GreenLinks will contact the Winner to arrange for delivery of the Winner’s prize.
4. Dirty Birdies Disqualified. GreenLinks, in its sole discretion, may disqualify any Contestant for any unlawful and/or prohibited activities (whether intentional or unintentional) while playing the TGC, including but not limited to, the following: (i) failure to abide by the TGC Commandments; (ii) teeing-off at a site other than the appropriately marked tee-markers and tee box; (iii) direct or indirect obstruction to GreenLinks camera view during TGC play; (iv) direct or indirect obstruction or interference with the travel and trajectory of the golf ball being played; (v) tampering, disabling, or otherwise damaging GreenLinks Equipment; (vi) attempts to hack, or cause a malfunction to the GreenLinks Equipment, or other GreenLinks property including, but not limited to, other tablets, materials, operating systems, or video monitoring systems; (vii) any false representation or material omission in connection with, or related, directly or indirectly, to the TGC, GreenLinks, Registration, Account, or otherwise, regardless if written or oral; (viii) reporting false claims to prizes; (ix) and any other misconduct while playing the TGC.
5. The Winner’s Circle: Award Details
5.1. During the Verification Period GreenLinks may require Contestant and/or request third party witnesses provide information concerning the winning shot. The Verification Period may be extended beyond the thirty (30) days in the event it is discovered that (i) the GreenLinks Equipment malfunctioned or was otherwise impaired; and/or (ii) there is evidence of improper conduct. In such event, GreenLinks shall notify Contestant of the additional time necessary to complete the verification. GreenLinks has the right deny any prize due to impaired GreenLinks Equipment if the Winner’s Notice cannot otherwise be verified by GreenLinks. In such event GreenLinks will credit Contestant’s entry fee and shall be released from all other obligation or liability to Contestant.
5.2. All applicable taxes are the sole responsibility of Winner. Prior to delivery, but in no event later than thirty (30) days after submitting the Winner’s Notice, the Winner must complete a W-9 tax form[TK1] and may be required to provide a signed copy of these Terms and Conditions. Failure or refusal to complete W-9 tax form will result in forfeiture of the TGC prize. Winner’s receipt of the TGC prize shall constitute complete, full and final satisfaction of GreenLinks obligations to Winner and Winner shall release GreenLinks, its members, officers, managers, employees, agents, and representatives from any and all claims, actions and other liabilities brought by Contestant, their successors, heirs, or agents under any theory of law. The Winner bears the sole responsibility for, and hereby releases GreenLinks, its members, officers, agents and representatives, from all claims, demands and causes of action from any liability for, and shall protect, defend, indemnify, and hold harmless GreenLinks from direct or indirect claims related to taxes associated with the prize received.
6. Paparazzi: Media and Marketing Waiver
6.1. Contestant acknowledges they are being monitored and recorded by GreenLinks’ Equipment, and that GreenLinks owns all pictures, film, and references captured by its video Equipment. Contestant releases and consents to GreenLinks’ use of Contestant’s image and likeness for any purpose related to GreenLinks’ marketing and promotion. Contestant consents and irrevocably authorizes GreenLinks to use, copy, exhibit, publish and distribute the Winner’s name, image, and likeness, however 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 GreenLinks.
6.2. The Winner further understands and agrees that GreenLinks may edit, modify and/or use any such likeness or image as GreenLinks deems appropriate. The Winner agrees they have no monetary or other claim against GreenLinks 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.
6.3. Winner hereby understands and acknowledges that once released by GreenLinks Winner’s name, image or likeness may be used by a third party. Winner agrees to hereby hold harmless and release GreenLinks, its members, officers, agents and representatives, from all claims, demands and causes of action which Winner, their successors, heirs, representatives, agents 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.
6.4. GreenLinks shall not disclose Winner’s contact information including but not limited to physical address, telephone number, electronic mail address in any of its materials or publications.
7. Cart Girl Wants Your Digits: Text Messaging. By opting in to receive text messages, Contestant consents to receive communications from GreenLinks electronically, including, without limitation, e-mail and text messages. GreenLinks will communicate with Contestant by e-mail or text messaging. Contestant agrees that all agreements, notices, disclosures and other communications that GreenLinks provides to Contestant electronically satisfy any legal requirement for enforceability purposes, including the enforcement of electronic signatures.
9. Important Legal Stuff: Indemnity
9.1. Personal Injury and Property Damage. Contestant hereby releases GreenLinks from any liability for, and shall protect, defend, indemnify, and hold harmless GreenLinks, its parent, subsidiaries, partners, affiliates, and contractors of any tier and its and their respective officers, directors, employees, agents, invitees, shareholders, and joint owners (as “Indemnitees”) from and against all costs (including the payment of reasonable attorneys’ fees), losses, liabilities, demands, causes of action, damages, or claims (“Claims”) of every type and character, arising out of or resulting from or related, directly or indirectly, to (i) injury to, illness or death of Contestant, its successors, heirs, representatives, agents, invitees, guests or any other persons acting on behalf of the foregoing or their estates (“Contestant Group”); or (ii) loss of or damage to any property of Contestant Group regardless of the cause of such claims, including the negligence (whether sole, joint or concurrent, active or passive, ordinary or gross) strict liability, or any other legal fault or responsibility of the Indemnitees.
9.2. Damage to GreenLinks Equipment. Contestant hereby releases GreenLinks from any liability for, and shall protect, defend, indemnify, and hold harmless Indemnitees from and against all Claims of every type and character, arising out of or resulting from or related, directly or indirectly, to loss of, or damage to, any property of Indemnitees which is caused directly or indirectly by any member of the Contestant Group Indemnitees.
9.3. Operation of Law. It is agreed with respect to any legal limitations now or hereafter in effect and affecting the validity or enforceability of the indemnification obligations in this Section 9, such legal limitations are made a part of the indemnification obligations and shall operate to amend the indemnification obligations to the minimum extent necessary to bring the provision into conformity with the requirements of such limitations, and as so modified, the indemnification obligations shall continue in full force and effect.
10. Fight Club: Dispute Resolution
10.1. Contestant disqualification shall constitute a material breach of this agreement and result in Contestant’s forfeiture of prize winnings. GreenLinks may, in its sole discretion, ban disqualified Contestants from future TGC participation in addition to pursuing other remedies at law against the Contestant. A twenty dollar ($20) fine shall be imposed, and charged directly to Contestant’s credit card, for any false Winner’s Notice submitted to GreenLinks through Contestants’ account. Additionally, Contestant shall be responsible for any and all other costs incurred by GreenLinks to investigate a false Winner’s Notice or a win otherwise obtained in violation of these Terms and Conditions. Contestants should notify GreenLinks immediately of any unintentional Winner’s Notice submitted to GreenLinks to minimize Contestant’s liability for necessary investigative costs incurred by GreenLinks. Nothing herein these Terms and Conditions in anyway limits other remedies available to GreenLinks at law or in equity for Contestant Misconduct
10.2. 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. 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. 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 California. 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. You agree that, by entering into these Terms, you are waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
10.3. Governing Law. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the State of California, and shall be performable in San Diego County, California. Each party hereto submits to the jurisdiction of the Courts of the State of California in San Diego County, California and the Federal Courts sitting in San Diego, California in connection with any dispute arising under these agreement or any document or any instrument entered into in connection herewith.
11. Can I Hit the Ball Yet? Almost. 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.
12. Assignment & Waiver. Entry fees and the right to participate cannot be sold, assigned, delegated or otherwise transferred under any circumstances. No failure by GreenLinks, at any time, to insist upon Contestant’s strict performance of these Terms and Conditions, failure to exercise any of the rights or remedies afforded to GreenLinks pursuant to these Terms and Conditions, shall constitute a waiver of such rights or remedies and shall not in any way relieve Contestants’ obligations to abide by these Terms and Conditions. Additionally, no waiver by GreenLinks of any default shall constitute a waiver of any subsequent default. No waiver by GreenLinks of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to Contestant in writing.
By accepting these Terms & Conditions, Contestant consents and agrees to abide by these Terms & Conditions at any GreenLinks sponsored golf course.