Category: Game Play

# COMPETITION RULES

## PINSEEKER

Last Modified: August 8, 2022

PLEASE READ THE FOLLOWING COMPETITION RULES (“RULES”) CAREFULLY. THE TERMS “PINSEEKER”, “WE”, “US”, AND “OUR” REFER TO PINSEEKER, INC. D/B/A “PINSEEKER” AND ITS AFFILIATES. WE USE THE TERMS “YOU”, AND “YOUR” TO MEAN ANY PERSON PARTICIPATING IN ANY OF THE CHALLENGES, COMPETITIONS AND TOURNAMENTS (“COMPETITIONS”) MADE AVAILABLE BY PINSEEKER. YOUR INITIAL AND CONTINUED PARTICIPATION IN ANY COMPETITION CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU’VE READ, UNDERSTOOD, AND AGREED TO THE FOLLOWING RULES AND THE PINSEEKER TERMS OF USE SET FORTH AT HTTPS://PINSEEKERGAME.COM/TERMS-OF-USE/ (“TERMS”). ALL COMPETITIONS ARE SPONSORED AND PROVIDED SOLELY BY PINSEEKER. NONE OF APPLE, GOOGLE OR ANY OTHER APPLICATION PLATFORM SPONSORS OR PROVIDES ANY COMPETITION.

## Eligibility

Natural persons of at least 13 years of age but not yet 18 years of age may participate only in Competitions that do not involve the payment of an entry fee or the award of a prize. Competitions involving the payment of an entry fee or the award of a prize are limited to natural persons of at least 18 years of age.

You must be a registered user of Pinseeker’s Services in accordance with the Terms of Use in order to participate in any Competition. If a credit card, identification card or other form of identification has been provided in connection with your registration, you must be the individual named as the account holder or on the identification, as applicable.

Competitions which involve the payment of an entry fee or the opportunity to win a prize are open only to participants located in the states and the other jurisdictions indicated in the Competition. Without limiting the foregoing, you may not participate in any Competition unless you are physically located in a U.S. state or jurisdiction in which participation by you in such Competition is not prohibited or restricted by the laws of such state or jurisdiction. You are solely responsible for determining whether any Competition complies with the state and local laws and regulations applicable to you. VOID WHERE PROHIBITED BY LAW.

Pinseeker employees may participate in Competitions for the purpose of testing the user experience, but may not receive any cash prize or other prize having monetary value. Pinseeker affiliates, vendors and partners may participate in Competitions unless they possess or have access to non-public information respecting the Competition that would provide them with any advantage in participating in the Competition.

Pinseeker may require participants in Competitions to verify eligibility and may use information available to Pinseeker (such as location data provided through a mobile application) to verify eligibility. If Pinseeker determines in its sole judgment that an ineligible participant has participated in a Competition, or if a participant fails to cooperate in the requested verification of the participant’s eligibility, any funds held in the account of, or winnings awarded to, such participant shall be forfeited or, if paid to the participant, subject to repayment to Pinseeker, and the incident shall be reported to the appropriate authorities. Pinseeker may verify eligibility directly or use a third party service (such as Persona Identities, Inc.) for the purpose of verifying the eligibility of a participant in a Competition.

## Competitions

Each Competition may be subject to additional rules specific to such Competition. Please be sure to check for specific rules respecting each Competition before you participate.

Pinseeker reserves the right to limit the number of Competitions, whether in general or of any particular type, that a participant may enter in any given time period. You may not enter a Competition more than once or, if a Competition specifies otherwise, the number of times specified with respect to such Competition. You will not enter or attempt to enter a Competition more than the permitted number of times by making use of multiple accounts or user profiles.

Each Competition will involve multiple participants each taking one or more golf tee shots (“Shots”), as specified with respect to each Competition, using an eligible, physical golf simulator running an unmodified version of software compatible with Pinseeker (each a “Golf Simulator”) at the course and hole on the Golf Simulator designated by the Competition. Only Shots taken on a Golf Simulator at the applicable course and hole using the Services shall be counted with respect to a Competition. Regardless of the number of Shots taken by a participant, only the Shot by that participant that comes to rest on the green of the designated hole and closest to the pin for the designated hole (“Best Shot”) shall be considered for the purposes of determining the participant’s ranking for the Competition. Upon completion of a Competition, the respective Best Shots of all participants will be ranked based on closeness to the designated hole such that the participant with the Best Shot closest to the designated hole is assigned first place, the participant with the Best Shot farthest from the hole is assigned last place, and the other participants are assigned places between these two. For purposes of determining the ranking of Best Shots, measurements of Shots shall be made in inches, rounded to two (2) decimal points.

If there is a tie among Competition participants, the prize money, if any, for the corresponding Best Shot rankings will be split evenly among such tied participants. For these purposes, the corresponding Best Shot rankings (i) include the number of  Best Shot rankings equal to the number of tied participants, and (ii) start with the highest Best Shot ranking achieved by the Best Shot of the tied participants and proceed to the next lowest Best Shot Rankings. Any Best Shots ranked below the tied participants will be assigned Best Shot rankings beginning with the next ranking below the lowest ranking assigned to the tied participants. For example, if the prize money for 1st place is $100 and the prize for 2nd place is $50 and two participants tie for 1st place, the prizes for 1st and 2nd place will be combined and split equally between them. In that case, each tied participant would get $75. The participant with the 2nd ranked Best Shot would be assigned the 3rd place for purposes of determining eligibility for a prize.

The results of any Competition will depend on the number and skill level of the participants.

## Duration of Competitions

Each Competition will specify the time period during which it will be conducted. To participate in a Competition, you must complete at least one Shot during the time period specified with respect to the Competition. If a Competition requires the payment of an entry fee, such entry fee will not be refundable or subject to the issuance of any credit due to your failure to complete one or more of your Shots within the time period specified for the Competition. Pinseeker is not responsible for any delays or difficulties you might experience in completing your Shots in a timely manner including, without limitation, any delays or difficulties experienced with respect to technical difficulties, equipment or service issues or the availability of a participating Golf Simulator.

## Equipment and Environment

Pinseeker does not own, manufacture or maintain any of the Golf Simulators that may be used in connection with the Competitions. Such Golf Simulators, and the environments in which they may be used, may differ. Differences might impact the performance of participants in the Competitions differently, potentially conferring advantages to some participants over others. It is your responsibility to determine whether a Golf Simulator or the environment in which it may be used is suitable for your participation in a Competition. Pinseeker is not responsible for the condition, performance or availability of any Golf Simulator.

No equipment may be used with the Golf Simulator for purposes of the Competition other than a golf club meeting the Equipment Rules published by the USGA from time to time. Pinseeker reserves the right to disqualify any Shot taken in a Competition if Pinseeker becomes aware of the use of any noncompliant equipment or of any malfunction or interference, intentional or otherwise, with the Golf Simulator used in connection with such Shot. Pinseeker’s sole liability to participant with respect to a disqualified Shot will be to provide, at its election, a credit or refund of entry fees with respect to the disqualified Shot, subject to participant’s eligibility for such credit or refund. Participants are not eligible for a credit or refund in cases where participant used noncompliant or intentionally modified equipment.

## Entry Fees

Where a Competition specifies that participation is subject to the payment of an entry fee or that any other element of participation requires the payment of a fee, each such fee shall be paid prior to participation. If a Competition involves the payment of an entry fee, the Competition shall specify the number of Shots the participant is permitted to take with respect to the participant’s entry into the Competition and whether any additional Shots may be purchased by the participant in connection with the Competition. All entry fees are stated in U.S. Dollars and are non-refundable.

## Prizes

Each Competition will specify the prize or prizes, if any, to be awarded to the winning participant and, if applicable, other participants achieving specified criteria. If you meet the criteria specified with respect to the award of a prize in connection with a Competition, it will be awarded to you subject to our verification that you have met the relevant criteria and that your use of the Services and participation in each Competition has at all times been in accordance with the Terms, these Rules and any other rules applicable to a Competition. If you receive a payment or other prize in error, we may reverse or require return of the payment. We may also reduce payment to you without notice to adjust for any previous overpayment. Prizes are nontransferable.

All cash prizes will be delivered using the Dwolla eWallet (which will allow ACH transfers to the player) for U.S. players and international EFT transfers for international players. For any Competition that does not provide  cash prizes, prizes will be awarded using coupons delivered via email that enable the participant to obtain Pinseeker merchandise.

Before awarding any prize, Pinseeker may require you to provide additional personal or other information such as your legal name, date of birth, permanent residential address, email address, alias, username, password, and social security number sufficient to permit Pinseeker to pay or provide the prize in compliance with tax, regulatory or other reporting requirements. Pinseeker will request such information through the Pinseeker app or use the email address associated with your account to request such information. All prizes that would otherwise be awarded will be forfeited if any such request for information is not fully satisfied within sixty (60) days after it is made by Pinseeker. Pinseeker may retain any such information during such period it reasonably determines it is required to retain it under the applicable tax, regulatory or other reporting requirements.

In compliance with United States Internal Revenue Service regulations, an IRS Form 1099-MISC or other appropriate forms will be sent to any participant whose winnings (whether cash or otherwise) exceed $600 (USD) in any given calendar year. W-9 and/or additional tax forms may also be required. Withholding shall (from an existing account balance and/or future winnings) apply for any amount required to be withheld by law, provided, that, the participant shall be responsible for complying with all applicable federal and other tax requirements.

## Charitable Donations

To the extent that a Competition specifies that any portion of the entry fees or any other amount will be donated by Pinseeker to a charitable organization, and subject to the Terms and these Rules, such charitable donation shall be made by Pinseeker. Such charitable donation shall not be deemed to have been made by any Participant. Pinseeker reserves the right, in its sole discretion, to donate any amount forfeited by a Participant pursuant to the Terms and these Rules to the charitable organization selected by Pinseeker.

## Integrity of Competition

Pinseeker reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Competition should any computer virus, non-authorized human intervention, fraud, or other cause beyond Pinseeker’s control corrupt or affect the administration, security, fairness, or proper conduct of a Competition. In such case, Pinseeker may, but shall not be required to, select the winner of the Competition from all Shots taken prior to and/or after, if appropriate, the action taken by Pinseeker. Pinseeker may also elect to cancel the Competition and, in Pinseeker’s sole discretion, provide each participant with a refund of entry fees paid with respect to the Competition or an equivalent credit toward participation in a future Competition.

Pinseeker reserves the right, in its sole discretion, to disqualify from any Competition and to suspend or terminate the Pinseeker account of any individual who tampers or attempts to tamper with the entry process, the Services, any Competition or any equipment used in connection with any Competition or who violates the Terms or these Rules.

THE DECISIONS OF PINSEEKER AS TO THE ADMINISTRATION AND OPERATION OF ANY COMPETITION AND THE SELECTION OF POTENTIAL WINNERS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE COMPETITION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SUCH PARTICIPANT’S ELIGIBILITY AND THE POTENTIAL WINNING PERFORMANCE HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. PINSEEKER WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

## Winners List

A preliminary list of winners will be posted immediately following the conclusion of each Competition. In the case of Competitions with substantial prizes as determined by Pinseeker in its sole discretion, posting of legally required winners lists may be delayed for up to five (5) business days while verification of the results takes place.

## Effect of Competition Rules on Terms of Use

The Terms shall apply to each Competition and to these Rules and are hereby incorporated herein by reference. These Rules are intended to be a supplement to the Terms and should not be deemed to be a substitute or replacement for, or otherwise render inapplicable, the Terms. To the extent that any provision of these Rules conflicts with any provision in the Terms, the provision contained in these Rules shall control.