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THE NATIONAL HOLE-IN-ONE ASSOCIATION (NHIOA) hereby agrees to provide the prize award or its agreed value as stated in this Certificate to the association member named on this Certificate, for whose exclusive benefit this agreement is made, for award by the association member to the Ace-Maker® that makes a Hole-In-One according to the USGA Rules of golf on the date(s) and target hole(s) as specified in the Certificate. This payment obligation is conditioned upon full compliance with each of the following Certificate Conditions whether or not NHIOA is prejudiced by any such non-compliance.
CERTIFICATE CONDITIONS - TRADITIONAL CONTRACT
(Read Carefully)
A. BEFORE EVENT
1. PAYMENT - A timely paid event fee is the basis for issuing a Certificate of Participation. The Association is not obligated to provide the prize award to its members absent timely payment. Payment is not timely unless an envelope addressed to NHIOA containing a valid and collectible check for the NHIOA event fee is postmarked by the U.S. Post Office prior to the day of the event, or payment by a credit card has been arranged with NHIOA prior to the event. Certified mailing or postal receipt is strongly recommended. On all matters pertaining to payment of an event fee any insurance agent or other third party acts exclusively on behalf of the applicant and not on behalf of NHIOA.
2. CONFIRMATION OF TERMS - When feasible NHIOA will FAX, EMAIL, or send by first class mail written confirmation of all critical terms including the event fee prior to the event. Any changes to event data must comply with Variable Event Conditions D.1. below.
3. PUBLICITY - The names, likenesses, photos and videotape furnished by the Sponsor may be used for marketing purposes by NHIOA without any additional compensation.
B. DURING EVENT
1. WITNESSES - All witnesses must be event non-participants, age 18 or over, of good moral character, and appointed by the association member. All shots must be witnessed as follows: Prize limits up to $5,000 do not require a witness; $5,001 to $50,000 one witness; $50,001 to $100,000 two witnesses; $100,001 to $250,000 two witnesses (one of which is a PGA Certified Golf Professional); $250,001 and above require a PGA Certified Golf Professional witness and continuous unedited videotape of all eligible shots by a second witness. Continuous unedited videotape must be recorded from behind the green and include in the frame the participants’ shots, the target hole and the ball going into the hole. WARNING – It is the member’s duty to ensure witnesses are positioned safely.
2. YARDAGE - The target hole(s) yardage shall be no less than that specified in this Certificate when measured from the teeing ground to the flagstick, provided if the majority of event participants are men, amateur women only are permitted to use the Ladies (Red Tee) yardage specified in the course scorecard. ALL women professionals must tee from the stated Certificate distance. For prize pro-ration provisions, see Variable Event Conditions D.2.b below.
3. SHOTS - A shot is defined as a “stroke” by the USGA Rules of Golf. Only one shot per participating contestant per target hole is permitted. No practice shots, mulligans or substituted shots for other contestants are permitted. Each category of authorized number of shots is permitted only during the stipulated round(s) of the named event on the date(s) agreed upon. NHIOA shall not be obligated to pay for a prize if the participant’s status (i.e., Club or Tour Professional, etc.) has not been properly specified in the Certificate.
4. CONTESTANT ELIGIBILITY - A HOLE-IN-ONE must be made by an officially registered and qualified contestant for the event in a contestant category for which shots are authorized. If a contestant is competing in a tournament event then the contestant must be participating in the 9- or 18-hole contest in the same sequence as all other contestants.
5. PRIZE RESTORATION - The maximum prize value is restored automatically to its original amount for each and every hole-in-one.
6. TARGET HOLE - Member may designate as many target holes as desired, and event fee will be set accordingly. Only one predesignated cup hole may be used for each designated target hole green. On nine-hole courses it will be conclusively presumed a golfer is competing for the prize only the first time he plays a designated target hole (i.e., on nine-hole courses if the hole number 9 on the course is designated as a target hole, NHIOA will not reimburse any prize unless hole-in-one is made the first time hole 9 is played, not withstanding that the same hole and green are also used a second time around the course).
7. BONUS PRIZES - NHIOA may sponsor free ancillary prizes on other holes as shown in this Certificate. Non-participating witnesses are not required. An official scorecard and statements from Ace-Maker®, playing partner(s) and Tournament Director will be sufficient to claim Bonus Prizes.
C. AFTER EVENT
1. CLAIM NOTIFICATION - Association member must notify (by telephone or e-mail) NHIOA of a claim no later than the first business day after the event.
2. PROOF OF CLAIM - As proof of HOLE-IN-ONE claim association member will furnish NHIOA the following documentation no later than 90 days after claim notification: (a) Attested statements by the target hole witness (see B.1. above), the successful Ace-Maker® and resident pro (these forms will be furnished by NHIOA). (b) Original and official scorecard of the Ace-Maker® and (c) Original Tournament Pairing Sheet of the tournament director. If required tournament director shall also supply address and phone number of contestants, whether or not they are amateurs or professionals, and any other information deemed relevant to the claim by NHIOA. (d) Continuous unedited videotape, when required by B.1 above.
3. INVESTIGATION - Member shall cooperate fully with any claim investigation deemed warranted by NHIOA in its sole discretion including but not limited to polygraph examinations. If requested by NHIOA, the member shall take a polygraph exam and shall produce for examination the witnesses (see B.1. above), the Ace-Maker®, members of the Ace-Maker’s® group and/or the resident pro. All polygraph examinations are to be completed by a licensed (where applicable) American Polygraph Association member polygrapher selected by NHIOA. Each person whose examination is requested by NHIOA must pass (i.e. no attempted deception) his polygraph examination as judged by the examiner administering the test as a condition to NHIOA's obligation to pay a claim.
4. DISPUTED CLAIMS - The association member agrees that any dispute hereunder will be governed by the laws of the State of Texas and submitted to binding arbitration in compliance with rules established by the American Arbitration Association. If there is litigation with NHIOA and/or Republic Underwriters Insurance Company, pertaining to the claim it shall be resolved solely and exclusively in an appropriate court in Dallas County, Texas. By causing NHIOA to issue this Certificate the association member agrees that it is subject to the personal jurisdiction of that court and to that venue as the exclusive one for all litigation arising out of issuance of this Certificate. The association member agrees that the results of polygraphic examinations taken in connection with NHIOA's investigation (see C.3. above) shall be admissible in evidence to the extent not prohibited by applicable law and agrees to take any actions necessary to secure the admission of such evidence in any litigation or arbitration proceeding. The prevailing party in that litigation is entitled to recover a reasonable attorney’s fee to be based solely on the amount of time expended by counsel.
5. HOLD HARMLESS - Association member agrees to defend, protect, indemnify and hold harmless NHIOA from any and all claims or causes of actions brought by the Ace-Maker® arising out of the issuance of this Certificate including the fees of counsel selected by NHIOA to defend such action.
D. VARIABLE EVENT CONDITIONS
1. CHANGES - Any changes in specific event data (except prize value) such as number of shots, hole yardage, hole number, dates, etc., must be reported to NHIOA PRIOR TO THE START OF THE EVENT. Such changes may be reported by telephone (800 527-6944), Monday through Friday, 8 AM – 5 PM Central Time. Otherwise, such changes must be reported in writing via fax (972) 808-9012, or email to hio@hio.com and received by NHIOA prior to the start of the event. CHANGES TO PRIZE VALUE MUST BE APPROVED IN WRITING BY NHIOA PRIOR TO THE START OF THE EVENT. Any premium adjustments will be billed to the member after the event.
2. TOURNAMENT EVENT- A golf event where contestants are chosen by paid entry fee to compete during a stipulated round on either a 9- or 18-hole course.
a. Shots - Each contestant category of authorized shots specified on the Certificate permits a 5% variance per category, plus or minus (+ or -), without a change in the certificate fee. Shot variances greater than 5% must be reported to NHIOA prior to the event.
IMPORTANT: The prize value will be prorated downward if a hole-in-one occurs and the number of authorized shots has been understated. (Example: Number of authorized shots divided by actual number of shots taken, times the agreed upon value of prize = amount of claim.)
b. Yardage - Should a hole-in-one occur at a yardage found to be less than that specified in the Certificate, then the applicable prize amount payable shall be pro-rated as follows:
1 to 10 yards less will incur a penalty of 1.0% for each yard up to 10 yards short of specified yardage
11 to 20 yards less will incur a penalty of 10.0% PLUS additional 1.5% for each yard over 10 yards short
above 21 yards less will incur a penalty of 25.0% PLUS an additional 2.5% for each yard over 20 yards
short, until such prize value equals zero.
3. EVENT CANCELLATIONS - If an event is cancelled without any shots being taken, it may be rescheduled at no additional charge. If such an event is not rescheduled, the full certificate fee will be refunded subject to a $50 cancellation fee if signs were shipped prior to NHIOA's receipt of a cancellation notice. Certificate fees for partially completed events will be refunded or credited for unused shots on a pro rata basis subject to a minimum $75 cancellation fee.
©2008 National Hole-In-One Association
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