This contest is in no way sponsored, endorsed, or administered by Apple or Google.
Acknowledgement/Acceptance. Contestant’s participation in The ShotCam Challenge (“SCC”) 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 ShotCam Challenge. Terms listed at http://www.shotcamgolf.com/terms are always considered to be most up to date and therefore take precedence over terms in app.
1. The SCC Commandments. Contestant represents and warrants that Contestant shall abide by the following SCC Commandments: Contestant (i) is at least eighteen (18) years of age or older; (ii) has an active account membership with ShotCam (“Account”) (iii) is the participant in the video submitted through the ShotCam Account and owner of the credit card on file associated therewith, or is playing in a paid round of golf at a course with ShotCam installed cameras; (iv) accepts the non-refundable SCC entry fee for the selected SCC game and skill level; may enter a challenge on a given hole no more than 5 times in a given week; (v) participation in the SCC complies with the United States Golf Association (“USGA”) Rules of Golf and equipment standards; and (vi) is an Amateur Golfer, has never qualified for a PGA or other professional association 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. Challenge & Skill Selection. For each ShotCam hole Contestant wants to play, Contestant will decide whether they want to attempt a ‘hole out’(one swing), ‘up and down’ (two swings), or have the option of making one or the other. After selecting the challenge, Contestant will then select their entry fee. Prizes will vary depending on the entry fee selected by the Contestant, as will be shown in the ShotCam app “ShotCam Golf” during the selection. Prizes increase as entry fees increase. Any Contestant who successfully completes their challenge wins (“Winner”). Contestant is limited to one swing per video (“SCC Shot”). Plays at courses with installed cameras will be set to parameters agreed upon by course and ShotCam.
2.2. Let’s Go Already. To play SCC simply:
(i) Log into Contestant’s ShotCam Golf Account within 5 yards from desired shot
(ii) select the desired challenge and level for each hole selected to play SCC;
(iii) confirm challenge, level, and pay entry fee associated with the challenge and level selected;
(iv) Launch video application and record shot; and
(v) Submit video prior to closing ShotCam Golf.
2.3. Tech Savvy. Contestant will play SCC using ShotCam Golf, which is available for download for use on any personal handheld devices. Filming must be done while logged into Contestant’s account in ShotCam Golf. Contestants can play the SCC during normal business hours of the golf course, Contestant must enter challenge by launching video from Contestant’s account within 5 yards of where challenge was entered. ShotCam Golf will provide GPS showing distance to the hole, however the distance to hole displayed is only approximate. Contestant is allowed one (1) swing per video and video must clearly display the swing, ball in air, ball land, and ball come to rest. Any interruption of video will be marked a loss. The win must be reported before Contestant closes the ShotCam Golf app. ShotCam Golf allows the Contestant to play SCC at distances ranging from 10 to 175 yards; however it is the Contestant’s sole responsibility to ensure the quality of the video submitted can be verified by ShotCam Golf as stated herein these Terms and Conditions.
2.4. Non-Refundable Entry Fee. Contestant must pay the specified entry fee for the selected challenge and level prior to attempting SCC Shot. A separate entry fee is required for each hole where SCC is played Contestant wants to play. The SCC entry fee is non-refundable. By authorizing ShotCam 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. ShotCam reserves the right to issue Contestant credits for future on a case by case basis.
2.5. Discrepancies. In the event of an inaccurate display of potential or actual prize money anywhere in ShotCam Golf, the built in prize payout multiples override the displayed prize payouts and contestant agrees they are participating for and accept the hard coded prize potentials and payouts. In the event of a prize dispute due to an inaccurate display, the prize will be calculated by replicating the challenge structure (sliding bar position) for the given entry fee by ShotCam usual method for calculating prize payouts. In the event of bugs, crashes, or any other technical impediment to normal functioning of ShotCam Golf that prevents normal use and/or verifications of claims to prizes won, ShotCam reserves sole discretion to determine proper remedy for technical error. Default remedy will include refund of entry fee.
3. Show Me The Money.
3.1. To win a prize, Contestant must pay the non-refundable entry fee for each hole that Contestant desires to play SCC. Contestant must notify ShotCam of the win within twenty-four (24) hours of the Contestant’s swing (“Winner’s Notice”).
3.2. ShotCam shall have up to thirty (30) days after receiving the Winner’s Notice to investigate and verify the winning shot (“Verification Period”).
3.3. ShotCam Golf must be able to be able to confirm the legitimacy of the Winner’s Notice based on video(s) uploaded through Contestant’s Account on ShotCam Golf. Submissions that do not contain video that ShotCam Golf, in its sole discretion, deems sufficient to verify the Winner’s Notice will be marked as a loss.
3.4. Modified cups: ShotCam will use its best judgement to determine whether a shot would have resulted in a win with a regulation cup , but the determination as to whether a win claimed on a modified cup suffices as a win in the ShotCam challenge is at the sole discretion of ShotCam.
3.5. After the Verification Period, ShotCam will contact the Winner to arrange for delivery of the Winner’s prize.
4. Dirty Birdies Disqualified. ShotCam, in its sole discretion, may disqualify any Contestant for any unlawful and/or prohibited activities (whether intentional or unintentional) while playing the SCC, including but not limited to, the following: (i) failure to abide by the SCC Commandments; (ii) hitting from a site other than within 5 yards of where challenge was entered; (iii) direct or indirect obstruction of the camera used in filming the SCC play; (iv) direct or indirect obstruction or interference with the travel and trajectory of the golf ball being played; (v) utilizing the ShotCam Golf account of anyone other than Contestant ; (vi) allowing anyone other than Contestant to take the SCC Shot; (vii) any attempt to upload or submit edited or doctored videos of the SCC Shot to Contestant’s ShotCam Golf account; (viii) any false representation or material omission in connection with, or related, directly or indirectly, to the SCC, ShotCam, Registration, Account, or otherwise, regardless if written or oral; (ix) reporting false claims to prizes; and (x) any other misconduct or violation of law while playing the SCC or utilizing ShotCam Golf.
5. The Winner’s Circle: Award Details
5.1. During the Verification Period ShotCam may require Contestant and/or request third party witnesses provide information concerning the winning shot. Winners are required to provide a copy of the original scorecard by the Winner, and the names of the playing partner(s) of the Winner. Additionally Contestant must provide ID upon request to prove nonprofessional status. The Verification Period may be extended beyond the thirty (30) days in the event it is discovered that (i) the Contestant did not personally take the SCC Shot in the video uploaded to ShotCam Golf; (ii) the video was not uploaded to Contestant’s ShotCam’ account; and/or (iii) there is evidence of any other improper conduct. In such event, ShotCam shall notify Contestant of the additional time necessary to complete the verification. ShotCam has the right deny any prize due to improper conduct if the Winner’s Notice cannot otherwise be verified by
ShotCam. In such event ShotCam 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 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 SCC prize. Winner’s receipt of the SCC prize shall constitute complete, full and final satisfaction of ShotCam obligations to Winner and Winner shall release ShotCam, 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 ShotCam, 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 ShotCam from direct or indirect claims related to taxes associated with the prize received.
6. Paparazzi: Media and Marketing Waiver
6.1. Contestant acknowledges that ShotCam owns all pictures, film, and references submitted to ShotCam in ShotCam Golf and Contestant releases and consents to ShotCam’ use of Contestant’s image and likeness for any purpose related to ShotCam’ marketing and promotion. Contestant consents and irrevocably authorizes ShotCam 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 ShotCam.
6.2. The Winner further understands and agrees that ShotCam may edit, modify and/or use any such likeness or image as ShotCam deems appropriate. The Winner agrees they have no monetary or other claim against ShotCam 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 ShotCam Winner’s name, image or likeness may be used by a third party. Winner agrees to hereby hold harmless and release ShotCam, 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. ShotCam 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. Text Messaging. By opting in to receive text messages, Contestant consents to receive communications from ShotCam electronically, including, without limitation, e-mail and text messages. ShotCam will communicate with Contestant by e-mail or text messaging. Contestant agrees that all agreements, notices, disclosures and other communications that ShotCam 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 of Contestant. Contestant hereby releases ShotCam from any liability for, and shall protect, defend, indemnify, and hold harmless ShotCam, 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 Course. Contestant hereby releases ShotCam 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 the golf course where SCC is played by Contestant that is caused directly or indirectly by any member of Contestant Group.
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. ShotCam may, in its sole discretion, ban disqualified Contestants from future SCC 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 ShotCam through Contestants’ account. Additionally, Contestant shall be responsible for any and all other costs incurred by ShotCam to investigate a false Winner’s Notice or a win otherwise obtained in violation of these Terms and Conditions. Contestants should notify ShotCam immediately of any unintentional Winner’s Notice submitted to ShotCam to minimize Contestant’s liability for necessary investigative costs incurred by ShotCam. Nothing herein these Terms and Conditions in anyway limits other remedies available to ShotCam 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. The validity, construction, interpretation, and effect of the
contract shall be governed by the laws of the state of Texas, USA, excluding any choice of law rules which would refer the matter to the laws of another jurisdiction, and shall be performable in Harris County Texas. EACH PARTY HERETO SUBMITS TO THE JURISDICTION OF THE COURTS OF THE STATE OF TEXAS IN HARRIS COUNTY, TEXAS AND THE FEDERAL COURTS IN AND FOR THE SOUTHERN DISTRICT OF TEXAS SITTING IN HOUSTON, TEXAS IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS 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 ShotCam, 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 ShotCam 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 ShotCam of any default shall constitute a waiver of any subsequent default. No waiver by ShotCam 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 WHILE PLAYING SCC.