The SwingCast Cup

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

1. SPONSOR

This contest of skill is an e-golf league (“Contest”) sponsored by Swing by Swing Golf, Inc., 80 State House Sq, # 158, Hartford, Connecticut (“Sponsor”). HB Studios, Box 725, Lunenburg, Nova Scotia, Canada B0J 2C0 has granted Sponsor an exclusive license to use its video game, The Golf Club, in The SwingCast Cup.  The SwingCast Cup is the exclusive HB Studios’ officially sanctioned e-golf league.  For the avoidance of doubt, neither HB Studios, Twitch, Mixer (fka Beam), YouTube, nor Amazon are Sponsors of the Contest.

2. ELIGIBILITY

The Contest is open to individuals who are legal residents of the U.S., Canada or the United Kingdon (England, Scotland, Wales and Northern Ireland) and 18 years of age or older or the age of majority in the competitor’s state or province/territory of residence, whichever is greater.  All federal, state, provincial, and local laws and regulations apply.

There is no entry fee or consideration required by competitors of the Contest.  All competitors must have purchased the video game, The Golf Club, on or before May 22, 2017 to be eligible.

Employees, officers, and directors of SwingxSwing, HB Studios and its affiliated entities, parent, subsidiaries, advertising, agencies, legal advisors, their immediate family members and persons living in their same household, are not eligible to enter or participate in Competitions.

ALL SwingCast Cup competitors must first register at http://www.swingcastcup.com to be eligible for any and all SwingCast Cup Championship points or prizes (weekly or Championship).  ALL personal information required during the registration process will only be used by the Sponsor for the following: (a) to ensure fair play and competition by all competitors; (b) to communicate to all eligible competitors information and/or changes in the competition; (c) to award prizes to those winning competitors; and (d) to simulcast competitors’ gameplay live on Sponsor’s platforms.  

ALL SwingCast Cup competitors are required to stream and archive ALL of their gameplay live on Twitch, Mixer (fka Beam) or YouTube via their personal channels.  

ALL SwingCast Cup Championship finalists are required to stream and archive ALL of their gameplay live on Twitch, Mixer (fka Beam) or YouTube via their personal channels; AND are required to perform all of their gameplay between 9:00 pm ET and 2:00 am ET the evenings of Tuesday, September 5th, 2017 through Friday, September 8th, 2017 (one (1) golf round per evening).  

NO EXCEPTIONS ALLOWED.

3. THE SWINGCAST CUP

The SwingCast Cup is an e-golf league competition played using HB Studios’ The Golf Club. The SwingCast Cup is similar to other professional golf tours, but competitors can compete on one of the following platforms: Xbox One, Playstation 4, or PC.  The SwingCast Cup is open to all players who wish to compete AND meet the eligibility requirements in Section 2 above.

All competitors may only choose only ONE platform on which to compete throughout the entire SwingCast Cup: Xbox One, Playstation 4 or PC; i.e., a competitor may not change platforms during the SwingCast Cup season.

Throughout the 2017 season, SwingCast Cup competitors will accumulate SwingCast Cup Championship points by competing in weekly tournaments, in hopes of qualifying for the SwingCast Cup Championship Tuesday, September 5, 2017 through Friday, September 8, 2017, which will be simulcasted on SwingCast’s channel on Twitch (www.twitch.tv/swingcast). Competitors do not have to participate in every weekly tournament (14 total) to be eligible for the SwingCast Cup Championship.

All competitors must stream and archive each round of competition on a personal live-streaming channel on Twitch.com, Mixer.com (fka Beam.pro) or YouTube.

Each weekly non-major event will award the winner $500 USD of any golf merchandise at CARL’S GOLFLAND or a $300 USD AMAZON gift card.

The four “major” tournaments will award their respective winners $1,000 USD of any golf merchandise at CARL’S GOLFLAND or a $600 USD AMAZON gift card.

The end-of-the-season SwingCast Cup Championship will feature the top-10 point earners from the 14-week regular season and pit them against one another to play for $5,000 USD of any golf merchandise at CARL’S GOLFLAND or a $3,000 USD AMAZON gift card.

The SwingCast Cup Championship requires ALL competitors to stream and archive their gameplay LIVE on either Twitch, Mixer (fka Beam) or YouTube via their personal channels.  All SwingCast Cup Championship gameplay must be played between 9:00 pm EST and 2:00 am EST during the evenings of Tuesday, September 5th, 2017 through Sunday, September 8th, 2017.  

All gameplay will be simulcasted on the SwingCast channel on Twitch (www.twitch.tv/swingcast).  Championship competitors will not be allowed to submit more than one (1) 18-hole golf round per evening of the required four (4) 18-hole golf rounds; i.e., competitors must play the championship tournament’s four (4) rounds over four (4) evenings EST.

4. HOW TO ENTER

All competitors in The SwingCast Cup must register at http://www.swingcastcup.com before starting any league gameplay.  Competitors then may play and complete the designated stroke play game (the “Game”) on The Golf Club, where you play all 72 holes in the event across 4 different versions of the same course (each of which will have different pin placements).  

You must play and complete the Game between 12:00 a.m. EST on Monday evening / Tuesday morning of tournament week and 2:00 am EST on Sunday evening / Monday morning of tournament week.

By completing your round, streaming it online and archiving to ensure competitive balance, you will automatically be entered into the competition. Limit one prize per person, per email address, and per SwingCast Cup user account. Entries become the property of Sponsor and will not be returned.

The Contest will begin and entries will be accepted, starting on May 23, 2017. The SwingCast Cup season will begin on Tuesday, May 30, 2017, and end on Sunday, September 3, 2017 (the “Contest Period”).   

No other methods of entry will be accepted. Electronic entries via www.swingcastcup.com must be initiated during the Contest Period. Completed electronic entries must be transmitted and received before the competitor participates in the e-golf league. No other methods of entry will be accepted. Limit one entry per person, per email address, and per SwingCast Cup user account per Contest Period.

Use of multiple email addresses or multiple SwingCast Cup user accounts to enter is prohibited. To enter, the registered user of a designated SwingCast Cup user account must personally play the Game or the entry will be disqualified. Use of a false email address or a false SwingCast Cup user account, or an incorrect email or mail address will disqualify an entry. You may not allow any third party to play the Game in this Contest using your SwingCast Cup user account.

BY ENTERING THIS CONTEST, YOU AGREE THAT ALL SUSPECTED FRAUDULENT OR IMPROPER ENTRIES WILL BE DISQUALIFIED BY SPONSOR AT ITS SOLE DISCRETION. Sponsor is not responsible for technical, hardware or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, lost, late, misdirected, illegible, mutilated, postage-due, garbled or delayed entries or other communications or other technical problems related to entries. Sponsor and its agents and subcontractors accept no responsibility for entries lost or delayed in submission. Proof of submission is not proof of receipt. Sponsor, in its sole discretion, reserves the right to disqualify any person who tampers with the entry process or the operation of the website or the game, or who otherwise violates these rules. In the event of a dispute over who submitted an entry, the authorized subscriber of the e-mail account designated in the competitor’s SwingCast Cup user account will be deemed to be the competitor. Contest is void where prohibited, restricted or taxed by law. All federal, state, provincial, and local laws and regulations apply.

5. GAME DESCRIPTION

The SwingCast Cup is a 15-event, four-round, 18-hole stroke play contest with the fifteenth (15th) event being the SwingCast Cup Championship. The total score from all four rounds will be the total score for the event. The competitors will play 18 holes throughout the golf course in each round, and are challenged to get the ball in the hole in as few strokes as possible.  When competitor completes the full stroke play course, the combined score for all holes will comprise the competitor’s final score. An competitor may only play the Game one time during the Contest Period and that score will be the competitor’s’ score for that event. The lowest scoring competitor will be a potential winner (subject to the provision below in the event of a tie between two or more competitors, and subject to meeting eligibility and all other requirements in these Official Rules).

In the event of a tie during the 14-week regular season, the winner will be determined by comparing the tied competitors’ scores over the last nine (9) holes played; if a tie remains, then the scores over the last eighteen (18) holes played will be compared; then, twenty-seven (27) holes, and so forth until seventy-two (72) holes. If any ties remain, the better scoring competitor between or among the remaining tied competitors will be the competitor with the lowest score for the 18th hole of the last round in such Game, and any remaining ties will be determined by identifying the lowest scoring competitor for each individual game hole, in sequence from 17th through to 1st of the final round, as is necessary to determine a winner, and if any ties remain at that point, the third round will be evaluated in the same way, starting with the 18th hole.

In the event of a tie during the SwingCast Championship, the tied participants will be invited to play in a sudden-death playoff round Saturday afternoon 12:00 pm EST, September 9, 2017, at the same golf course of the SwingCast Championship. The tied participants will play one extra hole at a time, with those still tied for the lowest score moving on to the next hole until a winner has been determined.

PRIOR TO STARTING YOUR CONTEST ROUNDS, YOU MUST DISABLE THE VIEW OF “GHOST BALLS” SO AS TO NOT HAVE ANY ADVANTAGE FROM PREVIOUS PLAYERS’ ROUNDS.

During the course of play, a player is not permitted to use an augmented device to assist in “straight shooting” or any other assistance that create perfectly straight swings for every shot. Also, a player whose ball rests on the putting surface must use a putter to hole out with the exception of an unusual circumstance dictating another play, ie. rough or unnatural grass making the line of the stroke impassible. The Sponsor holds full discretion when handing down discipline on these rules.

6. PRIZE

The winner of each non-major event will be eligible to receive $500 of any golf merchandise at CARL’S GOLFLAND or a $300 AMAZON gift card. The winner of the four major tournaments will be eligible to receive $1,000 of any golf merchandise at CARL’S GOLFLAND or a $600 AMAZON gift card. The winner of the end-of-the-season SwingCast Cup Championship, which will feature the top-10 point earners from the season and pit them against one another, will be eligible to receive $5,000 of any golf merchandise at CARL’S GOLFLAND or a $3,000 AMAZON gift card.

The Top 85 combined scores each week will receive SwingCast Cup points.

Each Tuesday through Sunday night of the Contest Period, players are eligible to win a $100 AMAZON gift card if they are the first person to hit a hole-in-one between the evening primetime hours of 9 p.m. EST and 2:00 a.m. EST. Player must have live-streamed and archived the shot for authenticity purposes; maximum of six hole-in-one prizes per contest week. Players must email support@swingbyswing.com or use the contact form on the About Us page to send notification that a hole-in-one has been made during the primetime window along with a verification, i.e. a screenshot with the time, etc. 

Prize is not transferable. No substitution of prize for cash or for other goods and services is permitted, except Sponsor reserves the right to provide a substitute prize of approximately equal or greater value if the advertised prize becomes unavailable. Prize details including color, style, and size, are at Sponsor’s sole discretion. All taxes, including, without limitation, all federal, state, provincial and local taxes, and international tariffs, are the sole responsibility of the winner.

7. WINNER SELECTION AND NOTIFICATION

Each week’s winner will be determined and announced on or about one (1) day following each weekly event period from all eligible entries received for the applicable Contest. The judging will be conducted by Sponsor or its designee, the judge of the Contest, whose decisions are final and binding. Potential winners will be notified on or about one (1) day following the applicable Contest Period by an email sent to the email address specified in the entry and posted on the SwingCast Cup website. If potential winner cannot be contacted at this email, is contacted and does not respond as directed within seven (7) days of attempted notification, refuses the prize, is ineligible to accept the prize or does not otherwise comply with these Official Rules, the prize may be forfeited and awarded to an alternate winner. Potential winner may be required to complete and sign an Affidavit of Eligibility and, except where and as prohibited, a Liability Release and a Publicity Release in the form provided by Sponsor, within seven (7) days of attempted notification in order to claim the prize. Potential winners may be required to show proof of identification within seven (7) days of attempted notification, or the prize may be forfeited and awarded to an alternate winner.

8. GENERAL TERMS AND CONDITIONS

By entering the Contest, competitor accepts and agrees to abide by and be bound by the terms of these Official Rules, and assumes sole liability and accepts all risk of loss for injuries, including personal injuries and/or damage to property, caused or claimed to be caused by participating in this Contest or the acceptance, possession, shipping and handling, loss, use or misuse of, or travel to or from or in connection with the Contest or any prize awarded. Sponsor has the right to cancel, terminate or modify this Contest for any reason, including if it cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention or technical failures and to select winner from eligible entries received on or before the termination date. Sponsor is not responsible for any failure to contact competitors, whether due to technical or human error.

By entering this Contest, competitors grant to Sponsor a worldwide, perpetual, irrevocable, right and royalty-free license to use the entry and any live or archived audio and video footage of the competitor’s gameplay during the Contest, and, except where prohibited by law, competitor’s first and/or last name, city and state/province of residence, photo(s), video, voice and/or likeness; in any and all media but solely in connection with this Contest. By entering this Contest, competitors agree (a) that Sponsor has the right to exploit and utilize competitor’s first and/or last name, city and state/province of residence, photo(s), voice and/or likeness in any and all media but solely in connection with this Contest without any further attribution, notification or compensation to competitor, except where prohibited; (b) to be bound by these Official Rules and the decisions of the judges; and (c) to be contacted by Sponsor or its agents by telephone, mail or email regarding this Contest. By entering the Contest, competitor releases and holds harmless Sponsor and its parent companies, subsidiaries, affiliates, and the directors, officers, employees or agents of each from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light) arising out of or in connection with the Contest, the acceptance, possession, use, or misuse of any prize, or arising out of or in connection with any travel to or from any Contest or prize related activity.

Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and competitor hereby waives all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

In the event that any provision of these Official Rules shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Official Rules unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Information collected from competitors is subject to Sponsor’s terms of service available at http://www.swingcastcup.com.

9. APPLICABLE LAW

The Contest is governed by the laws of the state of Connecticut applicable to contracts entered into by Connecticut residents and to be performed within such State without regard to its conflict of law provisions, with venue in Hartford County, Connecticut.

10. WINNERS LIST

A list of Contest winners is available by sending a stamped, and self-addressed envelope marked to ” SwingCast Cup WINNERS LIST – The SwingCast Cup” 80 State House Sq, # 158 Hartford, Connecticut 06123. Requests must be received within 30 days following the end of the Contest Period for which the Contest winners list is requested.