J. Ryder Group Hole in One Prize Guarantee Terms & Conditions for Automotive Dealers
Effective 01/01/2012

J. Ryder Group, LLC, a Michigan limited liability company doing business as J. Ryder Group Hole in One (“JRG HIO”) hereby agrees to reimburse the certificate holder for whose exclusive benefit this agreement is made, up to the specified maximum prize value if a hole in one (as defined by the USGA Rules of Golf) occurs on the date(s) and target hole(s) as specified on the certificate of participation provided on page one (1/2) of this agreement. JRG HIO’s payment obligation is based upon the certificate holder’s strict compliance with the accepted terms and conditions provided below and shall incur no liability unless certificate holder and verified winner(s) have complied with the terms and conditions of this agreement. The certificate of participation, as provided by JRG HIO, together with following terms and conditions are together referred herein as the “Agreement”. This is not an insurance policy and JRG HIO is not an insurance company.

CERTIFICATE TERMS AND CONDITIONS
1. BEFORE TOURNAMENT

A. SUBMISSION: Fully complete and submit accurate purchase order to JRG HIO prior to the event start time. JRG HIO shall have no payment obligation in the event the submission is made after the golf event’s play has begun.

B. CONFIRMATION: Confirmation of coverage will be returned prior to your event start time. JRG HIO confirmation of coverage will be based solely upon the information you submit and/or provide. Confirmation will include the certificate of participation and JRG HIO terms and conditions. This confirmation and terms and conditions supersede all prior agreements or representations, whether written or oral, and contain the full agreement/acceptance of both parties.

2. DURING TOURNAMENT

A. WITNESS REQUIREMENTS: Certificate holder must guarantee the presence of witnesses based on the prize value as follows: Prize values of $100 to $10,000 must be witnessed by at least two (2) of the other registered participants playing in the group of the registered participant making the attempt; Prize values of $10,001 to $49,999 must be witnessed by at least two (2) of the other registered participants playing in the group of the registered participant making the attempt and one official third party witness positioned at the green or tee box of the designated hole; Prize values of $50,000 to $100,000 must be witnessed by at least two (2) of the other registered participants playing in the group of the registered participant making the attempt and at least two (2) official third party witnesses. One third party witness must be positioned at the green of the designated hole and one third party witness must be positioned at the tee box of the designated hole. An official third party witness is any individual, age 18 or older not participating in the actual event. Both third party witnesses must view each registered participant’s initial shot as well as the full and complete path of the ball until it comes to a complete stop.

B. YARDAGE: From the point on the teeing area which the shot is initiated, to the flagstick, the target hole must measure no less than the yardage stated on the certificate of participation and never less than 150 yards. Women may shoot from up to 15 yards less than the distance stated on the certificate of participation but never less than 135 yards. If the actual yardage is less than the yardage stated on the certificate of participation (page 1/2), JRG HIO shall have no payment obligation to the certificate holder.

C. ATTEMPTS: Actual number of attempts cannot exceed the number of contestants stated on the certificate of participation. An attempt is defined as a “stroke” by the USGA Rules of Golf taken by an officially pre-registered and pre-qualified event contestant. Only one attempt per contestant per target hole is permitted. On a nine (9) hole course, contestants are only eligible to win the prize the first time the contestant plays the target hole. Practice shots, mulligans or substituted shots for other contestants are not permitted. Each authorized number of shots (AM=Amateur, CP=Club Pro) is permitted only during the event date and time stipulated on the certificate of participation (page 1/2). A Club Professional (CP) is defined as any individual who is or has been a PGA Professional or otherwise teaches or has taught the game of golf for remuneration in the past five (5) years, and does not regularly compete on a recognized professional golf tour. A Tour Professional is any individual who has, at any time, regularly competed on a recognized professional golf tour. Tour Professionals are exempt from this prize guarantee.

D. TARGET HOLE/GREEN, EQUIPMENT: The target hole and the target hole’s green must meet all standards set forth by the USGA Rules of Golf. No target hole or green may be altered or prepared from its typical condition, nor shall the cup be positioned on a green as to facilitate a hole in one. For events that are consecutive days, the pin placement must be relocated each day. All equipment must conform to USGA specifications.

E. ANCILLARY PRIZES: Ancillary prizes are defined as additional prizes offered solely by JRG HIO in addition to the featured prize(s) detailed on the certificate of participation. Each event is provided up to three (3) ancillary prizes on non-target, par three (3) prize hole(s). Actual yardage must be at least 100 yards for both men and women participants. Ancillary prize holes must be witnessed by at least two (2) of the other registered participants playing in the group of the registered participant making the attempt. Ancillary prizes are subject to availability. JRG HIO reserves the right to substitute any ancillary prize with one of equal or greater value.

3. AFTER TOURNAMENT

A. CLAIM NOTICE: The certificate holder must report the occurrence of a hole in one to JRG HIO within two (2) business days of the golf event or the claim will be declined without exception. Approved methods of notice include web interface system, e-mail to info@holeinoneprogram.com, fax to 888-860-9212 and/or by completing the attached official incident report (see page 3 below). Notice must include the following information to meet claim requirements: certificate number, tournament name, tournament date, hole number, prize and name of winning contestant. If you do not use the official incident report provided below to report the occurrence of a hole in one, JRG HIO will provide an official incident report when claim notice is received. In either case, the official incident report must be completed in full and returned to initiate the claims process.

B. CLAIM INFORMATION: The certificate holder is responsible for the timely collection of all supporting claim documents. The following documentation must be provided to JRG HIO with each/every hole in one claim within ten (10) business days of the golf event or the claim will be declined without exception. Official affidavits will be provided by JRG HIO when claim notice is received.

  • Official JRG HIO affidavits by the winner and target hole witnesses (per 2-A above).
  • Original and officially signed, completed and attested scorecard of the winner.
  • Original event pairings sheet from the golf course or event organizer clearly documenting the number of contestants, their names and status (amateur or club pro).
  • Signed letter from the participating golf course club professional, on golf course letterhead, indicating the details of the hole in one.

C. CLAIM INVESTIGATION: JRG HIO will conduct an investigation to verify each hole in one claim. Upon receipt of the documentation specified in 3-B above, JRG HIO shall conduct a reasonable investigation of the facts surrounding the hole in one claim. JRG HIO reserves the right to require the certificate holder to produce the winner and any witnesses for polygraphist examination as a condition to payment of the claim if, in the sole opinion of JRG HIO, such an examination is warranted.

D. AWARDING OF PRIZE: Prize(s) should not be awarded until the investigation process is complete and confirmed ‘approved’ in writing by JRG HIO. Any certificate holder that awards the prize before the investigation process is complete and confirmed ‘approved’ in writing by JRG HIO will do so at their own risk.

E. DISPUTE: In the event of a claim dispute, each party agrees to the following claim settlement process. The certificate shall be interpreted under laws of the state of Michigan. Any dispute between the client and JRG HIO shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The venue for such arbitration shall be in Oakland County, Michigan. If for any reason there is litigation between the certificate holder and JRG HIO, the exclusive jurisdiction and venue for such litigation is a state district court in Oakland County, Michigan. The client agrees to pay JRG HIO reasonable attorney’s fees and expenses associated with any such arbitration or litigation in the event that JRG HIO successfully prosecute and/or defend any such arbitration or litigation. The rights and obligations of the parties to the certificate of participation and terms and conditions are exclusive to the contracting parties. The parties do not intend to create any third party beneficiary rights for any particular contestant(s) in the hole in one contest/event to which the certificate of participation and terms and conditions applies.

4. VARIABLE TOURNAMENT CONDITIONS

A. TOURNAMENT CHANGES: Any change or revision to the number of shots, target hole yardage, event date, event time, prize value, etc. require notification to JRG HIO one (1) business day prior to the start of the event via telephone at 888-230-5487 or email at info@holeinoneprogram.com. After normal business hours, changes are required in writing via FAX to 888-238-3363.

B. PLAYER VARIANCE: A player count variance of 5% is permitted for each event. Any variance greater than 5% must be reported prior to the start of the golf event. If the number of attempts exceeds the number of contestants by more than 5%, JRG HIO shall have no payment obligation to the certificate holder. No refund for reduction in player count will be provided unless notification is made prior to the start of the event.

C. EVENT CANCELLATION:Any event cancellation or reschedule request must be reported within one (1) business day of scheduled event date. Only if no shots were taken will a complete refund or reschedule request be provided to the certificate holder. No refunds or reschedule requests will be provided in the event that any shots are taken.

The certificate holder, by accepting this document, acknowledges and agrees to be bound by the terms and conditions as set forth herein and agrees to indemnify and hold J. Ryder Group Hole in One Program and all affiliated persons and entities, harmless from any liability, cost or expense arising from any claims by the certificate holder or event contestants for any prize associated with a hole in one that has not occurred in strict accordance with the above terms and conditions.