Player Rules

EXHIBIT B

EXCLUSIVELY@9 GOLF PROGRAM
RULES, TERMS, & CONDITIONS
  • A. General:
    • 1. Eligibility: The Exclusively@9 Golf Program is open to Amateur golfers (as defined by the United States Golf Association (the “USGA”)) who satisfy the following criteria: (i) are at least eighteen (18) years old, or the age of majority in the state in which the golf course offering the Exclusively@9 Golf Program (a “Participating Course”)is located, at the time of participation in the round of golf at the Participating Course, (ii) are rightfully engaging in a round of golf, for good and valuable consideration, at the Participating Course, (iii) have never earned a PGA Professional card nor ever been a Club Professional or Touring Professional (as both terms are defined by the USGA), (iv) are not a student-athlete at a college or university that is a member of the National Collegiate Athletic Association,and (v) have registered with Exclusively@9 prior to commencement of the round of golf at the Participating Course (“Eligible Players”).
    • 2. Limitations: The Exclusively@9 Golf Program is only open during the normal daylight operating hours of the Participating Course, excluding days when the Participating Course is closed, and only when Exclusively@9’s video cameras and verification equipment are in full working order.
  • B. RULES:
    • 1. Eligible Players must use equipment conforming to USGA specifications, and must tee-off between the tee markers in the tee box that (i) appropriately corresponds with their handicap, age, and gender, and (ii) is not more advantageous or closer than the tee markers and tee box from which the Eligible Playerhas been consistently teeing off during Eligible Player’s then-current round. Players may not move or adjust Participating Course’s tee markers.
    • 2. No Eligible Player, Witness (as defined below), or other party may do anything that assists or affects or could assist or affect the travel or course of the ball being played by the Eligible Player. Any attempt to assist or affect the travel or course of the ball will be considered a violation of these Rules, Terms and Conditions and the Eligible Playershall be deemed ineligible to receive any Hole-in-One Award.
    • 3. Eligible Players are allowed one shot per designated hole, per purchased round. To win the Eligible Player’s shot must begin between the appropriate tee markers and come to rest, without any interference, in a designated cup of a designated hole, as a result of a single swing by the Eligible Player. NO practice shots, mulligans, or substitute shots are allowed. The Eligible Player must be the person taking the shot, and cannot substitute another person to take the golf shot in Eligible Player’s place.
  • C. CLAIMING THE HOLE-IN-ONE AWARD:
    • 1. In the event the Eligible Player’s shot comes to rest in a designated cup of a designated hole, the Eligible Player must notify the Pro Shop at the Participating Course before leaving the Participating Course and complete all required paperwork provided by the Pro Shop to claim the Hole-in-One Award.
    • 2. Additionally, the Eligible Players must provide Exclusively@9 with the names of any parties who are at least eighteen (18) years old and who were present when the shot was made and witnessed the hole-in-one shot (individually a “Witness” and, collectively, the “Witnesses”). Eligible Player and each Witness must endorse the score card for the round of golf in which the shot was hit. Eligible Player must preserve this score card.
    • 3. Eligible Player must furnish Exclusively@9 and the Pro Shop of the Participating Course (i) the hole number for the hole-in-one shot was hit; (ii) the Hole-in-One Award Claim Form; and (iii) the Witness Information Form(s); and (iv) a copy of the endorsed score card signed by the individuals who fill out the Witness Information Form(s).
  • D. VERIFICATION:
    • 1. Upon receipt of the documents listed in Section C.3, above, Exclusively@9 shall have a period of thirty (30) business days to investigate and verify the hole-in-one shot.
    • 2. As a condition to claiming the Hole-in-One Award, within ten (10) days of such request being sent to the Participant, Exclusively@9 may require the Eligible Player to make him/herself and the Witness(es) available for questioning by Exclusively@9 or its agent and/or designee and,
    • 3. If required, it is in Exclusively@9’s sole discretion to request a polygraph examination at a time and place reasonably convenient to both Exclusively@9 and the Eligible Player or Witness(es). The costs of the polygraph examination will be borne by Exclusively@9. Further, it shall be solely the Eligible Player’s responsibility to cause any Witness required to submit to such questioning by Exclusively@9 and/or its agent and/or designee, to participate in any such proceeding.
    • 4. Exclusively@9 shall be afforded more than thirty (30) business days to conduct this verification process if its video equipment has malfunctioned or suffers from other errors or glitches subsequent to the hole-in-one shot, or if more time is reasonably needed to question or examine the Eligible Player and the Witness(es).
    • 5. Exclusively@9 reserves the right, in Exclusively@9’s sole discretion, to deny a Hole-in-One Award based on any facts reasonably calling into question the validity of the Eligible Player’s prize claim.
  • E. AWARD OF PROMOTIONAL ITEM:
    • 1. Upon Exclusively@9’s completion of the verification process detailed in Section D, above, and upon Exclusively@9’s approval of the hole-in-one shot, Exclusively@9 shall contact the Eligible Player and shall specify how and when the Hole-in-One Award will be delivered. The time and place for delivering the Hole-in-One Award shall be reasonably convenient to both Exclusively@9 and the Eligible Player.
    • 2. All applicable taxes are the sole responsibility of the Eligible Player. The Eligible Player will be required to provide Exclusively@9 a W-9 form for tax reporting upon request. Eligible Player fails to provide Exclusively@9 with a W-9 within ten (10) days of Exclusively@9’s request, the Eligible Player shall be disqualified from receiving the Hole-in-One Award.
    • 3. Prior to the delivering of the Hole-in-One Award, the Eligible Player agrees to sign any required documentation that may include, but not be limited to, (i) acknowledgement on the part of the Eligible Player that he/she had read, understood and agreed to these Rules, Terms, and Conditions prior to playing the Participating Course, (ii) a general release, forever releasing Exclusively@9, the Participating Course, and their respective members, officers, directors, managers, employees, agents, and representatives from any and all claims and/or actions and other liabilities that could be brought by Eligible Player, Eligible Player’s heirs, successors in interest, personal representatives or assigns, under any theory of law at any time. It is expressly understood that Participant’s failure to sign such general release shall result in the forfeiture of any prize to given to the Eligible Player.
  • F. GENERAL CONDITIONS AND WAIVERS:
    • 1. By playing the Participating Course, the Eligible Player agrees to be bound by these Rules, Terms and Conditions, and acknowledges that he/she will act in accordance with all Participating Course rules and requirements. Any false representation or material omission will disqualify the Eligible Player from eligibility and a right of refund.
    • 2. Participant hereby acknowledges that he/she will be videotaped and monitored by Exclusively@9 and/or the Participating Course, and that Exclusively@9 and/or the Participating Course shall own all pictures, film, and references captured by the video camera monitoring system. Participant hereby releases and consents to Exclusively@9 and/or the Participating Course, use of Eligible Player’s image, likeness, and information. The Eligible Player, by participating at the Participating Course, consents and hereby irrevocably authorizes Exclusively@9 to use, copy, exhibit, publish and distribute the Eligible Player’s name, image, and likeness, how-ever 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 Exclusively@9 throughout the world and universe. The Eligible Player understands and agrees that Exclusively@9 may edit, modify and/or use any such likeness or image as Exclusively@9 deems appropriate. The Eligible Player agrees that he/she will make no monetary or other claim against Exclusively@9 for the use of, or in relation to, the use of such name, image and/or likeness. In addition, the Eligible Player 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. Eligible Player hereby understands and acknowledges that once released by Exclusively@9, Eligible Player’s name, image or likeness may be used by a third party(ies) and that Exclusively@9will have no control over such use by such third party(ies). Eligible Player agrees to hereby hold harmless and release Exclusively@9, the Participating Course, members, officers, directors, managers, employees, agents, and representatives , from all claims, demands and causes of action which Eligible Player, his/her heirs, representatives, executors, administrators or any other persons acting on Eligible Player’s behalf or on behalf of Eligible Player’s estate have or may have by reason of this authorization. Exclusively@9 shall not disclose the Eligible Player’s physical or email address, nor phone number, in any such materials or publications.
    • 3. Exclusively@9 and its related, affiliated, and subsidiary companies, officers, directors, members, employees, representatives, agents, and/or independent contractors are not responsible for claims, injuries, losses or damages of any kind resulting from the Eligible Player playing on the Participating Course, or acceptance, use, misuse, possession, loss or misdirection of any Hole-in-One Award.
    • 4. Any attempt to deliberately damage the content, materials, operating systems, monitoring systems, or activities on the Participating Course is unlawful, disqualifies the Eligible Player, and is subject to legal action by Exclusively@9 and/or the Participating Course.
    • 5. If any Eligible Player or party that is present with the Eligible Player is found tampering with, hacking, cheating, or abusing any aspect of Exclusively@9’s technology, monitoring systems, or equipment, or whom Exclusively@9 believes to be causing, with or without intent, any malfunction, error, disruption, damage to the Exclusively@9 equipment and/or system, or attempting to create an unfair advantage for the Eligible Player, such Eligible Player and such party that is present with Eligible Player will automatically be disqualified and may be subject to prosecution under law.
    • 6. The Eligible Player acknowledges and agrees that Exclusively@9 may use Eligible Player’s email address and phone number to send promotional materials, updates, and notifications to the Eligible Player.
    • 7. If Eligible Player desires that Exclusively@9 not share Eligible Player’s email and/or telephone number with others for marketing purposes nor send Eligible Player email or text notifications with promotional materials, updates and/or other notifications, other than the confirmation and other required communications in conjunction with the approval and delivery of the Hole-in-One Award, then the Eligible Player must notify Exclusively@9 of such desire in writing via email or letter, it being understood that such restriction shall only apply to the subsequent sharing of information by Exclusively@9 in the event information was previously shared with others prior to Exclusively@9 receiving such notification.

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