Contest Rules

Last updated: March 7, 2024

1. Eligibility

You must (i) be a registered user of Skill Shot, (ii) reside in the United States, (iii) not reside in any jurisdiction where use of Skill Shot is illegal or otherwise prohibited, (iv) be at least 18 years old and the age of majority in your jurisdiction, (v) not be on the U.S. Treasury Department’s list of Specially Designated Nationals, and (vi) not be an immediate family member of any of our employees, independent contractors, or agents. Users that meet the eligibility requirements herein may obtain free Tokens by engaging in qualifying activities. However, only users that meet the eligibility requirements herein and reside in a state other than the Excluded States may purchase Tokens. The Contests are void where prohibited. Tokens purchased by a user who resides in an Excluded State are null and void. We reserve the right to suspend access to the Contests in, and terminate the accounts of, any Skill Shot users residing in any additional jurisdiction at any time, in our discretion.

2. Game Play

A. Purchasing Tokens

To purchase Tokens, you must provide a valid and current payment method. Tokens have no cash value and are for entertainment purposes only. Unused Tokens are not eligible for any full or partial refunds. Tokens may be deleted from inactive accounts. From time to time, we may offer you the opportunity to purchase differing amounts of Tokens for differing prices. The price of Tokens is displayed on Skill Shot, and you may only purchase Tokens for the currently displayed price. From time to time, we may offer you the opportunity to enter different Contests with varying Prizes. The number of Tokens required to enter each Contest and the Prize associated with that Contest are displayed on Skill Shot, and you may only enter Contests in exchange for the currently displayed number of Tokens. We reserve the right to charge additional fees for access to or use of Skill Shot or any of our other features, and to change our fee structure at our discretion. All previous offers or discounts are unavailable once removed from Skill Shot.

B. Free Tokens

From time to time, we may allow users in any state including the Excluded States to obtain Tokens for free by engaging in some qualifying activity as described in our Contest Rules or as otherwise described on Skill Shot at the time we announce the qualifying activity. However, you understand and agree that we are under no obligation to offer free Tokens. While free Tokens may be used to enter Contests which award Prizes, we reserve the right to limit the use of free Tokens on specific Holes and Courses in our sole discretion. The limitations associated with any free Tokens are displayed on Skill Shot at the time we announce the qualifying activity.

C. Entering Contests

To use Tokens to enter Contests, regardless of whether you have purchased such Tokens or have obtained such Tokens for free by engaging in a qualifying activity, you must (i) provide your precise and accurate geolocation and any necessary age verification documentation, and (ii) pass our age verification process. We reserve the right to require you to provide additional age verification documents, including a copy of your government-issued identification card, if you fail our initial age verification. You agree that we, or our contractors, are authorized to collect, store, and/or maintain certain biometric information including a retina or iris scan, fingerprint, voiceprint, or scan of your hand or face geometry from any Content or verification documents you provide to us.

In all instances, we reserve the right to refuse your admittance to any Contest, and your participation in the Contest will be disqualified and ineligible for a Prize, if (i) you are not within the geographic confines of the Hole and Course associated with that Contest; (ii) you fail to tee off from the selected tee box location and color associated with your selected Contest; (iii) the yardage from the tee box to the hole is less than one hundred (100) yards; (iv) the diameter of the Hole’s cup is larger than four and a quarter (4.25”) inches; (v) you use a golf ball that is not of regulation size; (vi) you use a golf ball that is enabled with smart technology; (vii) a third party participates in the Contest on your behalf; (viii) you enter a Contest on the same Hole more than once per every three (3) hours; (ix) you fail to provide clear, high quality video evidence with a clear line of sight of the Hole, lasting no more than five (5) minutes, which confirms the Hole, at least one tee box, and the tee, and which depicts you retrieving the ball from the cup; (x) you fail to legibly write the two-digit code on the ball with a permanent marker; (xi) you fail to clearly display the two-digit code on the video evidence before the swing/hit and upon ball retrieval; (xii) any people or animals are on or near the selected green of the Hole before, during, or after the video begins; (xiii) you make more than one swing/hit per Hole; and/or (xiv) you attempt to violate any provision of this paragraph or you assist a third party in violating a provision of this paragraph.

We may allow you to enter new Contests after any current Contest ends or is terminated; however, we reserve the right to limit or rescind your ability to enter new Contests at any time, for any reason. We further reserve the right to cancel, pause, modify, or suspend any or all Contests, or any part thereof, with immediate effect owing to events or circumstances outside of our reasonable control. Any event or circumstance impairing the proper functioning or integrity of any Contest, and any corrective action related thereto, will be determined by Skill Shot in our sole and absolute discretion.

In addition to these Contest Rules which apply to all Contests, each specific Contest is governed by an additional set of Contest-specific regulations that are displayed on Skill Shot in association with that specific Contest prior to the collection of any Tokens for entrance to such Contest. These regulations include the type of Contest, the amount of Tokens required to enter that specific Contest, the specifications for participation in that specific Contest, the considerations for determining a winner of that specific Contest, and the Prize associated with that Contest. By entering any specific Contest, you acknowledge and agree that you have read and understood such regulations, and you agree to abide by the terms and conditions of such regulations. Such regulations are incorporated herein by reference, and any violation of such regulations will be deemed a violation of these Contest Rules.

D. Winning Contests

Your odds of winning are primarily determined by your skill in the Contest(s) – that is, your ability to successfully make a hole-in-one on a specific Hole at a specific Course. Before we determine whether you are a winner of the Contest, you understand and agree that we may require you to compile and provide, within seven (7) days of any request by us, contemporaneously recorded video and geolocation evidence of your participation in the Contest which maintains the visibility of the Hole during the entirety of the recording in a manner sufficient to reasonably determine the winner of the Contest. We reserve the right to reject any purported evidence in our sole discretion and/or pay out the Prize associated with the lesser of the stated hole’s yardage, or the yardage collected with users’ precise geolocation.

Even if the online screen indicates that you are a winner, and/or even if you receive an email notifying you that you are a winner, you understand and agree that you will not be considered a winner who is entitled to withdraw the associated Prize, if you fail to timely provide the required evidence in a manner that reasonably confirms you won the Contest. You acknowledge and agree that the Contests are contests of skill and that we will determine if you are a winner based on the objective criteria displayed on Skill Shot in association with each specific Contest, as determined in our sole and absolute discretion.

If we determine that you are a winner of the Contest, you will be entitled to receive the Prize associated with that Contest, provided you have complied with these Contest Rules and our Terms of Service. If you cancel a Contest, you will forfeit the Token(s) used to enter that Contest. If a Contest is cancelled by us because we determine in our sole and absolute discretion that you have violated these Contest Rules or the Terms of Service, you will forfeit the Token(s) used to enter that Contest. If a Contest is cancelled by us for any other reason, we will refund to you any Token(s) used to enter that Contest. Winners will be announced by display on Skill Shot and by email, once we have received and reviewed all relevant evidence necessary to determine a winner in our sole and absolute discretion.

E. Withdrawing Prizes

To request a withdrawal of your Prize(s), you must also submit valid and current banking account or payment method information to an account that you own or control. We reserve the right to require you, within seven (7) days of any request by us, to (i) provide us with any and all information or documentation necessary to reasonably confirm your ownership or control of said account or payment method, (ii) sign certain forms, (iii) provide identity verification documentation, including a copy of a government-issued identification card, and (iv) pass our verification procedures to our satisfaction. If you fail to provide the requested documentation or information in a timely manner, if you fail to sign the required forms in a timely manner, if you fail to pass our KYC/AML procedures in a timely manner, if we determine that you have violated these Contest Rules or our Terms of Service, or if we determine that a technical error has occurred, the Prize will be null and void, and, except in the case of technical error outside your control, we may suspend or terminate your account.

Each time you request to withdraw Prize(s) that you are entitled to receive, we will issue payment to you in your selected payment method for the requested withdrawal amount, minus any processing fees based on your payment selection or otherwise associated with your account, provided you have met the minimum payment threshold. You cannot receive a payout until you have met the minimum payment threshold. In the event we receive notice of any lien or encumbrance against your account, we may suspend payouts until such lien or encumbrance is satisfied or discharged. We may set off any liability, damages, costs, or expenses that we incur arising from or relating to your breach of these Contest Rules or our Terms of Service against any money that we owe to you under these Contest Rules or our Terms of Service. We may also adjust or deduct the monies transferred to your account for any reason, at any time, without advance warning or notice, including retroactively. The most common reasons for transfer adjustments include customer refunds, fraud, conduct violations, third party liens, garnishments, and technical errors.

3. No Cheating or Disruptive Behavior

You will not cheat, such as by tampering with the Token system or the Prize withdrawal process, submitting fraudulent evidence, colluding or collaborating with other users or third parties, or otherwise undermining the operation of the Contests. You will not engage in unsportsmanlike conduct or disruptive behavior. If you engage in such activities or otherwise violate these Contest Rules or our Terms of Service, you will be disqualified from the Contests, you will forfeit any Tokens used to enter the Contests, any Prize(s) won by you will be void, and we may seek damages from you to the fullest extent of the law. Our failure to enforce any provision of these Contest Rules shall not constitute a waiver of that provision.

4. Taxes

You are responsible for all taxes, fees, charges, and other costs associated with or otherwise incurred as a result of or in relation to the redemption of any Prize.

5. Referral Program

A. Participation

From time to time, we may allow you to participate in our referral program (“Program”) by providing marketing services in exchange for free Token(s) for each new user that creates an account on Skill Shot, downloads the mobile application, and makes an initial deposit (“Referral(s)”) using your personalized referral link (“Link”). The number of Token(s) provided for each Referral is posted on our Referral Program page. We may alter this number from time to time in our discretion without notice to you and without penalty to us. Any changes to this number will only be applied to Referrals sent to us after the publication of the change. You agree that you will periodically check the Referral Program page, and your continued participation in the Program manifests your assent to any changes to this number.

B. Forfeiture

We may deduct, and you forfeit all right to, any Token(s) associated with any unpaid and future Referral, and any winnings associated with your use of such Token(s): (i) that resulted in a refund or chargeback; (ii) that resulted from fraud, other illegal activity, technical error, or as required by law; (iii) if you violate these Contest Rules or our Terms of Service; and (iv) if we are unable to issue a disbursement to you within six (6) months of issuing the Token(s) to you. We may temporarily withhold any Token(s) associated with any Referral, and any winnings associated with your use of such Token(s), if we reasonably believe a violation of these Contest Rules or our Terms of Service has occurred, until such time as an investigation can be conducted and a determination can be made.

C. Termination

We may refuse your acceptance to or terminate your participation in the Program for any reason or no reason, in our sole and absolute discretion. Reasons for refusal or acceptance or termination of participation may include violation of these Contest Rules or our Terms of Service.

D. Channels and Channel Information

Provided you have actually used Skill Shot and the promoted features, you may market, advertise, and promote Skill Shot and its features by sharing the Link on your website, web page, blog, forum, third-party social media accounts, and any other media outlet or online account owned or operated by you that is ordinarily used to advertise online services (“Channel(s)”), except that you will not market, advertise, or promote Skill Shot on any Channel where linking to or marketing, advertising, or promoting Skill Shot is prohibited. You shall be solely responsible for all content, materials, and other information on the Channels (“Channel Information”). You represent and warrant that you own or operate the Channels, that the Channel Information is truthful and not misleading, and that the Channel Information does not infringe upon or violate any applicable law, rule, or regulation, including intellectual property and publicity rights. We shall have no obligations with respect to the Channel Information, including but not limited to, any duty to review or monitor any such Channel Information. However, we reserve the right to (i) monitor the Channels and the Channel Information, (ii) request free access to any non-public or pay-walled Channel or portion thereof, (iii) prohibit the marketing of Skill Shot on any specific Channel or any portion thereof, and (iv) require the removal of any Channel Information or any portion thereof. You agree to comply with such requests within twenty-four (24) hours of receipt. You agree to indemnify us for any claims, charges, debts, allegations, or lawsuits arising out of any Channel Information or other information appearing on the Channels.

E. Grant of Rights

We grant you a limited, revocable, non-exclusive right to use our trademarks and service marks (“Marks”) and the Link on the Channels for the purposes of your participation in this Program. You agree that the Marks are and shall remain our property, and that nothing in these Contest Rules conveys to you any right of ownership in the Marks. You will not now nor in the future contest the validity of the Marks. You will not take any action that would impair or diminish the value of, or the goodwill associated with, the Marks, including using the Marks in a manner that disparages or portrays us or our products or services in a false, competitively adverse, or poor light. Your use of the Marks shall inure to our benefit. You will not register any domain name or account on any third-party website that contains or is confusingly similar to any Mark belonging to us, and you agree that, if you do, you will immediately disable the offending domain name or account on any third-party website upon our demand and at your expense, or that, if you fail to immediately do so, you will reimburse us for all fees incurred in order to enforce these obligations, including attorneys’ fees and costs associated with filing a domain dispute complaint.

F. Code of Conduct for Program Participants

You must fully comply with state or federal consumer protection statutes, regulations, rules, policies, or advisory opinions. You will notify us of any inquiries or concerns made, accusing you of or investigating you for any activities related to the Referrals that are questionable, illegal, or otherwise violate these Contest Rules. You will not:

• Use deceptive, unlawful, or unfair promotional tactics or devices, such as manipulating search engine results, or otherwise engaging in activity that is false, misleading, infringing, manipulative, or deceptive in order to drive traffic through the Link.
• Use any meta-tags, key words, pay-per-click advertising campaigns, or other marketing tactics that would imply or suggest that illegal gambling occurs on Skill Shot or the Channel, or otherwise market Skill Shot or the Channel to those seeking to engage in illegal gambling.
• Transmit or distribute the Link to any minors or any unwilling adults.
• Solicit or permit a minor to become a user of Skill Shot.
• Use any form of unlawful email promotion to promote the Link.
• Violate the policies of any third-party website while sharing the Link.
• Engage in any activities that, in our sole discretion, are harmful to our image, goodwill, or reputation.
• Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

G. FTC Guidelines

At all times, you will comply with all FTC guidelines related to affiliate and/or “influencer” marketing, including:

• The Channel Information must be truthful and shall not be misleading.
• You must actually use Skill Shot and the promoted features before participating in the Program or promoting any specific feature.
• You must post a clear and conspicuous disclosure on all Channel Information which includes the Link or otherwise promotes or advertises Skill Shot. These disclosures must be:
  • close to the claims to which they relate,
  • a statement that “I get X number of Token(s) each time a new user creates an account and makes a deposit through the link in this post” or something similar,
  • if text, in an easy-to-read font and color that stands out from the background,
  • if video, on screen long enough to be noticed, read, and understood,
  • if audio, read at an easily understandable cadence,
  • if your winnings with Skill Shot are above average, a statement that “I won $X using Skill Shot, even though the average user only wins $X” or something similar, and
  • if you have a connection to Skill Shot that your followers would not expect, such as an employment or familial relationship, a statement that “I work for Skill Shot” or something similar.

H. Access to the Channels

During your participation in the Program, you agree to provide us with the means necessary to monitor the source of traffic you send to Skill Shot, although we undertake no obligation to do so. To that end, and solely for that purpose, if the Channels have any method of access restrictions in place, you agree to send us valid access credentials to any password-protected area of the Channels within twenty-four (24) hours of receiving a request for such access by us. You agree that we shall not be charged or incur any expense from you for such access.

6. Publicity

Except where prohibited by law, your participation in the Contests constitutes your consent to the use of your name, image, likeness, opinions, comments, photograph, voice, geographic data (e.g., hometown, U.S. state of residency), and winnings details by us or our agents for promotional purposes in any media, worldwide, without further payment, notice, or consideration to you.

7. Social Media Posts

If you post comments on our social media pages or elsewhere during any Contest that we determine to constitute bullying, spiteful, or upsetting to any user of Skill Shot, in our discretion, we may remove, request removal, or demand removal of your comments, and you may be disqualified from the Contests.

8. Release, Indemnification, Limitation of Liability

You hereby agree to defend, release, hold harmless, and indemnify us and our parent companies, subsidiaries, affiliated companies, officers, directors, employees, independent contractors, agents, representatives, users, media partners, advertisers, content providers, suppliers, and related parties (“Released Parties”) from and against any and all claims, costs, expenses, liabilities, and damages (including reasonable attorneys’ fees) arising out of or related to your use of Skill Shot or your participation in the Contests. To the extent permitted by law, the Released Parties are not responsible for:

• Any incorrect or inaccurate information, whether caused by you, coding error, or by any of the equipment or programming associated with or utilized in the Contests.
• Technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in computers, phone lines, or network hardware or software.
• Unauthorized human intervention in any part of the Contests.
• Payment of any Prizes to any person who does not, in our sole determination, (i) meet the eligibility requirements, (ii) timely provide the required verification documentation and information, or (iii) pass certain KYC/AML procedures.
• Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Contests or receipt, use, or misuse of any Prize.

Under no circumstances will you be permitted to obtain, and you hereby waive all rights to claim, punitive, incidental, or consequential damages, or any other damages or awards, including attorneys’ fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in this Contest). You further waive all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY DESCRIBED ABOVE, SO THE ABOVE MAY NOT APPLY TO YOU.

9. Choice of Law

All issues and questions concerning the construction, validity, interpretation, and enforceability of these Contest Rules, or the rights and obligations of you and us in connection with the Contests, are governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Illinois.

10. Arbitration

If you have a dispute with us arising out of or otherwise relating to these Contest Rules, you shall confer with us and negotiate in good faith to attempt to resolve the dispute. If you are unable to resolve the dispute with us through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. The submitting party is responsible for payment of all filing fees, or reimbursement of such fees to the respondent. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state, or local law, statute, or regulation, excepting only claims by us for intellectual property infringement, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be confidential. The arbitration shall be conducted in Peoria County, Illinois and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to execute an oath of neutrality. The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.