Any person ("you," or "player,") who registers for an account and/or participates in any contest offered on Golden Tee LIVE, Silver Strike LIVE, Power Putt LIVE, or any other equipment or environment through which IT offers Player Accounts or the ability to compete against other players or demonstrate skill, ("the Game") by Incredible Technologies, Inc. ("IT") by such registration and/or participation agrees to be bound by the most current version of these Terms and Conditions of Play. IT may modify these Terms and Conditions at any time, with the modifications to be effective in all individual events, tournaments, contests, matches, or other entries into play on the Game (collectively, "Contests,") in progress when, or which begin after, such modification is posted on an IT website or on the Game, whichever comes first. Your continued use of the Game and/or participation in any Contest offered by IT following any such modifications signifies your acceptance of those modifications. The current version of these Terms and Conditions, including any and all such modifications, if any, may be found at www.goldentee.com and/or at www.silverstrikebowling.com. You are responsible for reviewing these Terms and Conditions as set forth therein periodically for any such modifications.
AT THIS TIME, IT DOES NOT OFFER PRIZE PLAY OR OTHER SIMILAR FEATURES ON GOLDEN TEE HOME. THE TERMS AND CONDITIONS HEREIN APPLY, SO FAR AS IS APPLICABLE, TO BOTH USAGE OF “LIVE” EQUIPMENT AND “HOME” EQUIPMENT. NOTHING BELOW COMPRISES AN ADVERTISEMENT, OFFER, OR OTHER STATEMENT OR ASSERTION THAT ANY PARTICULAR FEATURE IS AVAILABLE ON GOLDEN TEE HOME WHICH IS NOT DETAILED IN IT'S STANDARD SALES AND MARKETING MATERIALS RELATED TO GOLDEN TEE HOME. GOLDEN TEE HOME IS NOT FOR COMMERCIAL USE.
Eligibility for Player Account Registration
To register for an account and/or participate in any Contest offered on the Game or by IT, you must:
a) be at least 18 years old;
b) be the named account holder of the credit card, other entry identification card, or equivalent form of identification utilized in the account registration process;
c) be a U.S. citizen or citizen of a country in which participation has been authorized by IT;
d) be physically located in a jurisdiction in which participation in the Contests offered on the Game is not prohibited by law.
The regulations governing Contests with entry fees and/or prizes are determined by individual states and/or other local jurisdictions. IT does not warrant that its products, services and/or Contests are in compliance with all regulatory requirements in all localities. Please be certain to use such products and services, and participate in such Contests, where you have determined in good-faith that they are in compliance with state, local and other governing laws and regulations.
Eligibility for Prize Awards
To be eligible to win a cash prize in any Contest offered on the Game or by IT, you must register for a web account on an IT website which offers such registration and link such web account to the player account created on the Game. No cash prize shall be awarded to any player who has not so registered within ninety (90) days of the Contest in which such prize was offered. If you require assistance with creating a web account, creating a player account, or linking a player account to a web account, you may contact IT through the web site www.itsgames.com or by telephone at 847-870-7027. Prizes can only be paid through web accounts: failure to register as required by this section may result in any potential prizes being null and void.
Persons Not Eligible
The following persons are ineligible to participate in any tournament, Contest, promotion or event, or receive any prize offered on the Game or by IT: employees, immediate family members, agents, and contractors of IT, and those of any other manufacturer or developer of coin-operated amusement games or equipment, including parents, siblings, spouses, children, or any other person permanently residing in the same household as such employees, agents, and/or contractors and any other person with access to non-public information regarding the operation of any Contest offered on the Game or by IT. In addition, IT specifically reserves the right to disqualify any person that IT, in its sole discretion, determines to have attempted to defraud IT or otherwise abuse IT and/or its products and services, including, but not limited to, violations of these Terms and Conditions of Play or misrepresentation of identity. IT reserves the right to seek damages from any such person to the fullest extent permissible by law.
Play by Operators
Owners and/or operators of IT-manufactured Game equipment and/or their employees or agents, including owners, operators, agents and/or employees of locations where Games are placed for play (collectively "Operators") are not prohibited from play on the Game, or participation in Contests. However, patterns of play which IT believes, at its sole discretion, to constitute abuse of Contests or the Game in general and are related to the play of an Operator may result in sanctions against that Operator either as a player on the Game, an Operator, or both. Operators who wish to participate in play on the Game and/or participate in Contests, by their play on the Game specifically stipulate and agree that their actions as players are relevant to and will be considered by IT in relation to their status as Operators.
Condition of Equipment
Players are advised that the conditions of Game units may vary. IT does not own or maintain Game units in normal operation and cannot be responsible for their condition.
Free and Fair Competition
You may compete against players with varying abilities who reside throughout the country, or, depending on the contest, throughout the world. Players are required to conduct themselves in the spirit of free and fair competition. Any specific requirement or restriction herein notwithstanding, actions unrelated to the reasonable and ordinary play of the Game which are meant to affect the outcome of an individual Contest, or actions meant to increase a player's odds of winning or improving their placement or prize in a Contest unrelated to the actual play of that player in that particular Contest, are prohibited. This includes, but is not limited to, actions which alter Game hardware or software, circumvent mechanical limitations, skill divisions, handicapping systems, entry requirements and/or restrictions, and/or other systems which distribute players into Contests based on skill, play history, and/or experience. It does not include the use of optional in-game equipment or the mere exercise of natural talent or developed skill in the ordinary course of play. Players who demonstrate a pattern of actions not within the spirit of free and fair competition, in the sole judgment of IT, may be suspended or banned from play in contests and any prizes they may win may be null and void.
Players are required to maintain a reasonable level of honorable and sporting behavior in relation to Contests, the Game, and related social environments including, but not limited to, IT's player forums. Players who create vulgar or offensive account identifiers of any kind, or who consistently demonstrate tendencies to conduct themselves in an unsporting manner which lowers the quality of the Game experience for other players, may be removed from Contests, have their prizes for Contests in which they participated using such identifier nullified, and/or otherwise have their player accounts sanctioned by IT. You agree that IT has the right to maintain a sporting environment at its sole discretion and that your sole remedy for any such sanction shall be the refund of the Contest entry fee, if any, which you paid related to Contests you entered but from which you were removed or for which your prize award was nullified.
In some contests, the Game may assign you to a Contest player division, skill level, tournament bracket and/or prize structure (collectively, 'Bracket') automatically based on various factors. Brackets will be assigned to maximize free and fair competition. Brackets are subject to change at any time and may change dynamically without prior notice, although once an individual Contest begins, the conditions for entry into that Contest will not be changed. You agree that Brackets are an understood part of play on the Game and agree that IT is under no obligation to disclose its methods of assigning Brackets, and that they are a confidential trade secret.
Game Play Features
Just as in traditional sports, the quality of equipment can affect the outcome of play. The Game may offer players the opportunity to acquire equipment that may potentially improve their performance, and they may gain a competitive advantage therefrom. Equipment acquired, whether purchased or granted free of charge, will be maintained in a player's Player Account and may not be transferred. IT will use all reasonable efforts to maintain information about acquired equipment, but players agree that if due to mechanical or human error such information is lost, the acquired equipment may be lost and compensation for such loss, if any, will be at IT's sole discretion.
Contest Timeframes and Resolution
Any Contest offered by IT on or related to this Game, and the rules related thereto, are subject to change without further notice, although entry parameters and prize payouts will not be changed once an individual Contest begins unless it is determined that the parameters or prize structure have been affected by human error, deliberate tampering, or mechanical failure. It is anticipated that each Contest will be completed within seven (7) days after having been initiated unless the rules of that Contest state or reasonably imply that it will last for a different period of time. If a Contest is not completed within the appropriate time frame, the Contest will be terminated, and IT will credit each paid entrant's player account one dollar ($1,) or the actual fee paid to enter the Contest if different, in full satisfaction of any and all contest entry fees. In addition, and notwithstanding anything to the contrary herein, IT at its sole discretion and for any reason whatsoever, reserves the right to cancel any and all Contests that may have been offered or otherwise initiated, whether completed or otherwise. In this event, IT will credit each paid entrant's player account one dollar ($1,) or the actual fee paid to enter the Contest if different, in full satisfaction of any and all Contest entry fees.
Player acknowledges that the Contest entry fee being credited to their Player Account, whether for such Contest not completing or for such Contest having been terminated by IT for any reason whatsoever, is in full satisfaction of any and all entry fees paid to play in such Contest, that any additional consideration that player may have paid was for amusement purposes only, and the related amusement experience received by the player was in full satisfaction of any such additional consideration.
If any Contest results in a tie among one or more participants, the tie will be resolved among the participants by means set forth in relation to that particular Contest, or at IT's sole discretion. Absent a previously stated means of resolving a tie, all participants who achieved the best possible score or outcome will share equally in the prize(s) to which they would have been entitled, unless IT at its sole discretion chooses a different means of resolving the tie.
Players are advised that changes to the Terms and Conditions of Play, and/or the rules and scoring system employed by the Game, with the exceptions set forth above, may affect Contests which were opened prior to such changes but were not completed at the time of such changes. IT may, at its sole discretion, either allow such effect to occur and evaluate the participation and outcome of such Contests accordingly, or close out such open Contests as may be affected and refund the Entry Fee of all players who were participating in such Contests.
IT reserves the right to limit the number of Contests, whether in general or of any particular type or Bracket, that a Player may enter in any given time period. Attempts to circumvent any such limitation, including but not limited to the use of multiple Player Accounts or Player Cards by a single individual, are prohibited and are a violation of these Terms and Conditions. Such limitation shall be subject to change without notice, although if a Player attempts to begin a Contest and the Game accepts the entry fee for a Contest which the Player cannot enter due to such limitation, or if a player's entry into a Contest should have been subject to limitation but was allowed by a mechanical error which is later corrected, the entry fee shall be refunded to the Player. Players accept and agree that such refund shall be full and complete satisfaction of any claim related to such limitation.
You are subject to all laws of the state, local and/or other jurisdiction in which you reside and from which you participate in any Contest, and are solely responsible for obeying those laws and regulations. You agree that IT cannot be held liable if laws and regulations applicable to you restrict or prohibit your participation in the Game or in individual Contests. IT makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Contest offered by IT nor shall any person affiliated, or claiming affiliation, with IT have authority to make any such representations or warranties.
Please be certain to use such products and services where you have determined in good-faith that they are in compliance with local, state and other governing body laws and regulations.
IT reserves the right to monitor the Game unit and transmissions related to each Contest and to limit access to on-line functionality.
In compliance with applicable United States Internal Revenue Service regulations, IT typically sends a Form 1099 to any person who collects cash prizes of $600 (USD) or more through Contests sponsored by IT in any given calendar year. IT reserves the right to require information sufficient to comply with such regulations relating to the issuance of a Form 1099, and may withhold prize winnings in excess of $600 (USD), if any, from any person who withholds such information. Regardless, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your locale, including those of such state and/or local residence as may be applicable. The amounts and procedures set forth herein may change without notice if IRS regulations or applicable law require it.
By registering for an account, you agree that IT may display your user name and Game play records. By accepting any prize from IT, you further agree to allow IT to print, publish, broadcast and use, worldwide, in any media and at any time throughout the universe, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation (except as may be prohibited by law).
Information Required (U.S. players only)
Any and all prizes awarded will be credited to your account. Should you elect to request a check for distribution of prizes or other funds from your account, IT, at its sole discretion, may require additional personal or other information such as your legal name, permanent residential address, phone number, email address, alias, username, password, and social security number sufficient to a) generate such check, b) give you access to web-based information, and c) insure compliance with regulatory or other reporting requirements. In addition, if your total winnings from IT in any given year reach $600 or the then legally-mandated minimum, IT may request that you submit your social security number along with such other information as IT in its sole discretion may require, in order to send you a Form 1099, as required by Internal Revenue Service regulations. Failure to provide your social security number at that time may result in IT's inability to credit your account or otherwise distribute any winnings in excess of $600.
Accuracy of Information
You represent and warrant that all information you supply to IT is complete and accurate. The use of multiple Legal Names, other than reasonable variation in a given name, and/or the use of multiple tax identification information or tax identification information which is not associated with the actual player who participated in the Game, is explicitly prohibited and any potential prize which would be awarded to a player or players using such prohibited data shall be null and void. Using multiple player accounts to create multiple entries into individual Contests offered on the Game by the same person, or using multiple cards to create an unreasonable number of player accounts as solely determined by IT, is likewise explicitly prohibited and any potential prize which would be awarded to a player or players using such prohibited data may be null and void. Knowingly submitting incomplete or inaccurate information may result in immediate suspensions and/or termination of your account and forfeiture of any prizes to which you otherwise may have been entitled. Prize funds which otherwise would have been payable as prizes, but which resulted from void or ineligible entries, or were forfeit for any reason, shall be donated to the charity of IT's choice.
Any account which has no transactions for more than twenty-four (24) months may become inactive. Inactive accounts may be assessed a maintenance fee of One US Dollar (US$1.00) per month, beginning in the twenty-fifth month of inactivity. Fees may be applied on a monthly, quarterly, yearly, or other basis at the discretion of IT, retroactive to the date the account became inactive. No maintenance fee will be assessed against any account which has a zero balance.
Account Suspension and/or Termination
IT may undertake, at its sole discretion, with or without prior notice, the following enforcement actions, including but not limited to those described in detail below:
Account Suspension: IT reserves the right to investigate abuse and/or suspected abuse, on a case-by-case basis and to terminate or suspend an individual's ability to participate in any Contest on the Game or to collect any prizes from IT at its sole discretion. IT reserves the right to lift the suspension of a player at any time, at its sole discretion. Account suspension may include prohibition against registering additional accounts, and the player may lose the right to compete in Contests for prizes.
Account Termination: Termination may result in the immediate closure of the account, a prohibition against any future membership, and the player may lose the right to compete in Contests for prizes.
Substitution of Funds
IT reserves the right to use funds in a Player Account in settlement of debts to IT for which IT reasonably believes that the accountholder is or may be liable. This includes, but is not limited to, payments for games or updates purchased by the accountholder or any entity or business with which they are associated, and ITNet and other fees related to the operation of games by the accountholder or any entity or business with which they are associated. Any such funds so used shall only be released to such an accountholder upon full payment of any such debts, or after the Dispute Resolution process set forth herein.
Dispute Resolution, Binding Arbitration and Jurisdiction
By registering for an account and/or participating in any Contest offered on the Game, you agree that any dispute that cannot be resolved between the parties shall be resolved individually, without resort to any form of class action. You understand that the Game and all Contests are administered from the State of Illinois, and further agree that any legal action arising from a dispute shall be resolved through binding arbitration, conducted in Chicago, Illinois by a qualified arbitrator, selected by the parties from a panel recommended by the American Arbitration Association in accordance with the then existing rules of the American Arbitration Association. Judgment upon any award by the arbitrator may be entered by any state or federal court in Cook County Illinois, USA, and you hereby submit to personal jurisdiction and venue in such courts for the purposes of any such action. You further agree that with regard to player accounts, all funds, prizes, and potential claims against funds and prizes are held in the state of Illinois and that its laws and regulations shall apply to the handling of player accounts and related funds, prizes, and potential claims against funds and prizes.
These Terms and Conditions, in connection with such other obligations, rules, terms, and conditions, if any, detailed in writing at www.goldentee.com, constitute the entire agreement between you and IT and cannot be modified by you. Nothing in this subsection shall be construed to prevent IT from modifying these Terms and Conditions.
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.
Current as of 04/23/2012. Subject to change without notice.