“GET IN THE HOLE!” ™ by Colonial Leaf LLC

RULES & PLAYER AGREEMENT

·         “GET IN THE HOLE!” may be referred to as “Challenge” in this document.

·         PLAYER refers to the person agreeing to these terms and conditions, and may be referred to in this document as “player”, “golfer”, “participant”, or “person”.

·         The United States Rules of Golf shall be referred to as “USGA” in this document.

·         Golfer must be 18 years or older at the time of registration to participate in the Challenge.

·         Golfer must have amateur status as defined by the USGA to participate in the Challenge.

·         Employees of golf courses that have the Challenge installed or ineligible to participate in the Challenge at the course where they are employed.

·         Participating in the Challenge is only valid during a round of golf as governed by the USGA Rules of Golf, with a registered tee time at the course.  Golfers cannot just skip to the Challenge hole and quit, or play the Challenge hole over and over without playing the other holes on the course per a normal round of 9 or 18 holes.

·         Golfers get one chance to participate in the Challenge per participating hole per round of golf.  This occurs on the first shot the golfer takes on the participating hole.  If that shot is taken from the wrong tee, in front of the tee, or is by any other way a violation of the USGA Rules of Golf, the resulting shot is deemed as invalid and no award will be available to the player.  Mulligans shall NOT be awarded, as the Challenge has ended after the first shot.

·         Golfers must play from the same tee they play from during a normal round.

o   Women golfers and male golfers 70 years of age or older may play from the front tees or tees further back, as long as the tee is greater than 80 yards from the green.

o   All other golfers must play from the middle tees or tees further back, as long as the tee is greater than 80 yards from the green.

·         “80 Yard Rule”: If any tee is less than 80 yards to the green, the shot must be played from a tee further back from this distance, regardless of the age or gender of the player. If no tee is available further back from 80 yards to the green (ex. Temporary tees), the Challenge is void and any player will be refunded the contract fee.

·         If the tee or green has moved out of the view of CL’s cameras, the Challenge is considered out-of-order until the tee(s) and green is in full view of CL’

·         Golfers must register for the Challenge BEFORE taking their first shot on the Challenge hole, but also on the same calendar day.  Upon registration, the very next shot the golfer takes at the Challenge hole will be considered the golfer’s attempt to fulfill the Challenge.

·         Golfers must provide a clear photo of him or her, taken on that day.  This helps CL to identify the golfer after a claim is made.  Exception to this provision is during a special event, such as a tournament, where all players during a specific timeframe at the Course are participants and a “bulk registration” is coordinated with CL.

·         Golfers must provide a valid email address.  Exception could be during a special circumstance coordinated between the Course and CL.

·         CL makes no representations as to whether prizes awarded would affect the golfer’s amateur status.

·         Cash prizes for this game of skill start at $2.50 and progressively increase, depending on the entry level and skill achieved.

·         Information regarding prizes for participating holes can be found at www.colonialleaf.com.

·         Golfers must claim any achievements within 24 hours of registering to participate in the Challenge.  Claims can be made at the iPad kiosk in the Course clubhouse, if available, or CL’s website, www.colonialleaf.com.  If neither kiosk nor website are available, golfer can send an email to claims@colonialleaf.com from the registered email address, indicating their tee time and the achievement the golfer is claiming.  Claims not received within 24 hours will result in no award to the golfer.  CL will review each claim within 48 hours of the claim and determine the validity of the claim. If all conditions are satisfied for awarding the prize, the prize amount will be awarded in the form of CL Points, which can be redeemed into cash (or other prizes) on colonialleaf.com to be mailed U.S. Post to the golfer.  Cash prizes will be in the form of a check.

·         If golfer believes he or she has hit the ball within 7 feet, the player MUST measure the distance by laying the multi-colored Colonial Leaf flagstick on the ground, measuring exactly from the edge of the cup hole to the position where his or her ball came to rest, and then acknowledge the camera by looking at it for a moment and making a gesture or signal (i.e. giving a “thumbs up” or wave to the camera).  The camera must not be obstructed during measurement, so the distance can be verified by CL using the recorded video.

·         Prior to the awarding of any prize, the winning golfer must, if requested by CL, present a government issued photo ID and signed affidavit acknowledging that Golfer is the person who hit the winning shot, is at least 18 years of age, is an amateur at the time the shot is made, and is not an employee of the course where the shot is made.

·         All shots MUST be made during the course’s normal business daylight hours and only when CL’s monitoring cameras and equipment are in full working order.

·         In the event of a technical or camera malfunction, all eligibility for prizes on the particular Par 3 Hole or Holes that are experiencing the technical or camera malfunction will be suspended through notification from the golf staff and eligibility for prizes shall remain suspended until such time as the technical or camera malfunctions have been corrected and the system is fully operational.

·         All federal, state and local taxes, if applicable, shall be paid solely by Golfer.  Golfer may be requested to provide CL with a W-9 and failure to do so within ten days of the request will disqualify golfer from receipt of any prize. By redeeming and accepting a prize, the Golfer consents to CL electing to withhold all federal, state and local taxes, if applicable, from the prize award and golfer agrees that CL may submit tax information to all appropriate taxing authorities regarding any prize redeemed. In order for Golfer to redeem a prize, he or she must provide CL his or her tax identification number for tax reporting purposes.

·         By redeeming and accepting a prize, the Golfer consents to the use by CL, CL Partner Courses and Partner Advertisers of his or her name, photograph and/or likeness, voice, statements made by or attributed to them, and video of the golf shot and subsequent celebration in perpetuity, in any and all media for all business purposes without additional compensation.

·         CL reserves the right, in CL sole discretion, to deny a prize based on any facts reasonably calling the validity of the golfer’s prize claim into question. In the event that a prize is denied in good faith, including, but not limited to, the malfunctioning of equipment, CL shall issue a refund of the golfer’s entry fee, if any was paid and shall have no further obligation or liability to the Golfer whatsoever.

·         All issues concerning the construction, validity, interpretation and enforceability of these rules or the rights and obligations of golfer or CL shall be governed by the laws of South Carolina without regard to conflict of law principles. Golfer hereby agrees to the jurisdiction of the Commonwealth of South Carolina with respect to any dispute arising out of golfer claiming a Prize from CL, or any issue related to these rules and agrees any legal proceeding arising herein shall be brought either in the South Carolina Court of the Commonwealth or the United States or the U.S. Federal Court.