Ace Golf Technologies, LLC
SmartPin® National Progressive Hole-In-One Jackpot Contest Official Rules
Eligibility: The contest of skill is open only to amateur golfers (as defined by the United States Golf Association (the “USGA”) under the “Rules of Amateur Status”) who: (i) are at least eighteen (18) years old (ii) are rightfully engaging in a full round of golf and/or an Ace Golf Technologies sanctioned event for just consideration at a participating golf course, and (iii) have never earned a PGA or comparable international professional certification and have never been a Club Professional or Touring Professional (as both terms are defined by the USGA and/or the R&A). Employees of Sponsor and their immediate family members are prohibited from entering. Entrants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: The contest is sponsored by Ace Golf Technologies, PO Box 219 Lake Elmo, Minnesota 55042 (“Sponsor”).
Agreement to Official Rules: By participating in this contest (the “Contest”), entrants agree to abide by the terms and conditions thereof as established by Sponsor. Sponsor reserves the right to qualify all submissions and to reject any submissions that do not meet the requirements for participation as established by Sponsor.
Contest Period: The Contest begins on January 1, 2021 at 12:00 AM Local Time and ends on December 31, 2021 at 11:59 PM Local Time (the “Contest Period”). The Contest Period will renew automatically for successive calendar years staring at 12:00 AM Local Time on January 1, 2022 unless Sponsor determines otherwise, in its sole discretion. Sponsor’s computer is the official time-keeping device for the Contest. The Contest Period and start and end dates and times are dictated by an entrant’s local time at the location of the participating golf course where the entrant enters the Contest (“Local Time”). The Contest will consist of one or more games (each, a “Game”). The first Game will start on January 1, 2021 at 12:00 AM Local Time and will end at 11:59 PM Local Time on the day when one or more entrants sink a hole in one and are declared Winners or on December 31, 2021 at 11:59 PM Local Time if no Winners are declared for entries received during the Contest Period. At the conclusion of each Game, another Game will start until the end of the Contest Period, or any renewal Contest Period. Entries received before the Contest Period are void. Any Game in progress at the end of a Contest Period, and any Prize not awarded during a Contest Period, will roll over into the next renewal Contest Period, such that any Game in progress at the end of a Contest Period will continue in the next renewal Contest Period without interruption.
How to Enter: You must first visit app.acegolf.golf, register and accept the Terms. After logging in on your mobile device, select “Buy a Chance to Win”; select your course; select “Buy a Shot,” enter your credit card information and hit “Buy.” Unused shots do not expire and may be used for future Games and Contests, but are limited for use to the specific course. You may also “buy a shot” at a participating golf course golf shop.
Then, during the Contest Period follow these simple steps:
Prior to making a stroke as defined by the Rules of Golf:
(1) Step up to the tee at any par-3 equipped with our SmartPin technology;
(2) Activate the SmartPin flagstick through the SmartPin app on a mobile device;
(3) Click “Take a Shot,” follow the additional steps in the app;
(4) Wait for the 15 second shot clock to begin; and
(5) You must strike your shot prior to the shot clock reaching 0:00.
YOU MUST HIT YOUR SHOT DURING THE 15 SECOND SHOT CLOCK. You will not be able to enter to win if the SmartPin app shows an error message. ONLY ONE SHOT PER ENTRY.
Participant may purchase additional shots at certain participating golf courses as agreed to by the participating golf course and Sponsor. A shot will only be deemed a potentially winning shot (“Potentially Winning Shot”), if such Shot is taken between the appropriate tee markers, as set forth below, and comes to rest, without any interference of any kind, in the cup of an eligible hole (i.e. the ball is “Holed”). “Holed” is defined as either: (1) for a USGA conforming hole (as defined at usga.org), when a ball is at rest in the hole after a stroke and the entire ball is below the surface of the putting green, or (2) for a hole that is modified for COVID-19 or any other safety or precautionary procedures, when the ball is at rest inside the diameter of the hole and any part of the ball is below the surface of the putting green. Note that if on a shot, the ball strikes an implement that the golf course placed inside the hole in order to prevent the ball from dropping fully below the surface of the putting green for safety reasons (e.g., a piece of foam placed in the bottom of the hole, the hole lining being used upside down, etc.) and the ball’s final resting location is outside of the hole, such shot will not count as Holed and is explicitly not a Potentially Winning Shot. A shot will be deemed to have been taken when the entrant’s golf club comes in contact with his/her ball. No mulligans, practice shots, or substitute shots are allowed. All entrants taking a shot must be eligible as set forth herein. All determinations of whether a shot is Holed and/or a Potentially Winning Shot shall be determined by Sponsor in its sole discretion.
By participating in this Contest, you hereby agree that all interpretations shall be subject to the USGA Rules of Golf available at usga.org.
In order be eligible to win, participants must follow the following minimum yardage requirements:
• Women – 100 yards
• Men age 55 and over – 115 yards
• Men age 54 and under – 130 yards
No entrant, Witness (as defined below), or other party may do anything that obstructs or affects or could obstruct or affect the travel or course of the ball being played by the entrant. Any attempt to obstruct or affect the travel or course of the ball will be considered a violation of these Official Rules and the entrant shall be deemed ineligible to receive any prize.
Sponsor reserves the right to disqualify any shot if it becomes aware, in its sole discretion, of any malfunction of its video system. In such event, Sponsor’s sole liability to entrant will be a refund of any fees paid to participate in the Contest, in Sponsor’s sole discretion.
You may enter as many times as you like during the Contest Period. EACH ENTRY SHOT MUST BE RECORDED BY A SMARTPIN FLAGSTICK IN ORDER TO BE ELIGIBLE TO WIN. All entries are subject to verification by Sponsor. A mobile device with an active signal (data or Wi-Fi) is required to enter. Standard rates apply. The SmartPin flagstick must be vertically upright and properly inserted into a regulation sized (4.25” diameter) golf cup liner in order for a hole-in-one to be eligible to win.
In order for a Hole In One to be verified as a Winner, the SmartPin flagstick must be vertically upright and properly inserted into a regulation sized (4.25” diameter) golf cup liner.
Sponsor assumes no responsibility for computer system, hardware, software or program malfunctions or other errors, failures, delayed computer transactions or network connections that are human or technical in nature; technical, hardware, software, electronic or telephone failures of any kind; lost or unavailable network connections; fraudulent, incomplete, garbled or delayed computer transmissions whether caused by Sponsor, the users, or by any of the equipment or programming associated with or utilized in this Contest or any Game; or by any technical or human error that may occur in the processing of purchasing a shot, entering the Contest, playing any Game, or recording any shots, that may limit, delay or prevent an entrant’s ability to participate in the Contest.
Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest or any Game should causes beyond Sponsor’s control, including unauthorized human intervention, which, in the sole opinion of Sponsor, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Contest, any Game or proper submission of entries. Sponsor is not liable for any loss, injury or damage caused, whether directly or indirectly, in whole or in part, from downloading data or otherwise participating in this Contest.
Selection of Winner(s): Entrants who sink a hole-in-one during any Game will be notified by Sponsor or its agent as soon as practicable that he or she may have won. After Sponsor is able to verify a hole-in-one, the entrant will be declared a Winner. All entries are subject to verification by Sponsor. In the event that multiple verified hole-in-ones occur on the same calendar day (in Local Time), the jackpot prize will be equally divided amongst all eligible winners.
Notification of Winners: Sponsor will make reasonable efforts to verify Winners prior to 11:59 PM Local Time. Winners will be contacted via email or telephone to make arrangements for the Prize within one (1) business day.
Requirements of Winners: Sponsor may require all Winners to sign and return an affidavit of eligibility and liability and publicity release, wherever lawful, as a precondition to the award of any Prize. If any Winner fails to sign and return the requested documents to Sponsor, that Winner may be disqualified.
Prize: On the first day of each Game, the Prize will be $10,000. If there are no Winners, the Prize will increase by $100 each day until the end of the Game. Participants may login to the SmartPin App to see current Prize amount.
If multiple Winners are declared during any Game, each Winner will be awarded an even share of the Prize. Taxes, if any, are the sole responsibility of each Winner. Winners receiving a prize of more than $600 will receive a Form 1099-MISC.
Disqualification: Sponsor reserves the right, in its sole discretion, to disqualify any entrant found to be: (a) violating the Official Rules; (b) tampering or attempting to tamper with the entry process or the operation of the Contest; and/or (c) acting in an unsportsmanlike or disruptive manner towards any other entrant. CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSONS RESPONSIBLE FOR THE ATTEMPT, TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE AND PUBLICITY: ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, DISTRIBUTORS, ADVERTISING AND PROMOTIONAL AGENCIES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE CONTEST OR ANY GAME. SPONSOR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE OFFER OR ADMINISTRATION OF THE CONTEST OR ANY GAME OR IN THE ANNOUNCEMENT OF THE PRIZE. BY RECEIPT OF THE PRIZE AND BY SIGNING AN AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE, IF REQUESTED, EACH WINNER CONSENTS TO THE USE OF HIS OR HER NAME, AND ADDRESS BY SPONSOR FOR ADVERTISING AND PROMOTIONAL PURPOSES, WITHOUT ANY ADDITIONAL COMPENSATION, EXCEPT WHERE PROHIBITED.
DISPUTES: EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS CONTEST, ANY GAME, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORTING TO ANY FORM OF CLASS ACTION, PURSUANT TO ARBITRATION CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT, TO TAKE PLACE IN MINNEAPOLIS, MINNESOTA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS CONTEST, BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ALSO IRREVOCABLY WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANT AND SPONSOR IN CONNECTION WITH THE CONTEST OR ANY GAME, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MINNESOTA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES OR PROVISIONS (WHETHER OF THE STATE OF MINNESOTA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF MINNESOTA.
Contest Results and Official Rules: To obtain the identity of the Winner(s) and/or a copy of these Official Rules, send a self-addressed stamped envelope to PO Box 219 Lake Elmo, MN 55042. Please include the date of your entry for reference.