Prize rules

In these Prize Rules:

Adjudication Record means the Operator’s record of a claimed prize result, comprising the Marshal’s determination and any radar, camera, sensor, sales, Ticket and event-log data the Operator holds in relation to it.

Headline Prize means the fixed $5,000 cash prize payable for a Valid Hole-in-One in the Main Cup under clause 4.

Main Cup means the cup on the Target Green designated by the Operator as the main cup before play.

Secondary Prize means the fixed voucher with a face value of $50 offered under clause 6 for achieving the published skill-based result for a Secondary Target.

Secondary Target means either of the two marked target areas on the Target Green, each wider than the Main Cup and designated by the Operator before purchase as carrying a Secondary Prize.

Valid Hole-in-One means a shot that satisfies every requirement in clause 7 and that the Marshal determines to be a valid hole-in-one.

Winner means a Participant whom the Marshal determines is entitled to a prize under these Prize Rules.

The Activity is a skill-based recreational golf experience. Prize results are determined solely by a Participant’s physical performance in striking a Supplied Ball at a designated target. Winners are not selected by draw, ballot, lot, random process or chance-based allocation.

Participants purchase an experience package containing the fixed Allocation described in the Participant Terms. Payment is for the recreational experience and does not buy an entry into a lottery, a chance in a draw or an interest in a prize pool. A prize is payable only when the applicable published skill-based result is achieved and verified under these Prize Rules.

Subject to clause 18, the Headline Prize and each Secondary Prize are fixed and published before purchase for the applicable Play Session. Their value is not determined by package sales, participant numbers, the number of shots played or the timing of another Participant’s result.

The Target Green carries one Main Cup and two Secondary Targets. The Operator identifies the target designations before play. It may change the layout for later Play Sessions or suspend play for safety or operational reasons, but will not vary a target selectively to favour or disadvantage a Participant.

Subject to these Prize Rules, a Valid Hole-in-One in the Main Cup wins the Headline Prize. Achieving the objective result published before purchase for a Secondary Target wins the applicable Secondary Prize.

A single shot can win only one prize. If a shot qualifies for the Headline Prize and a Secondary Prize, the Headline Prize applies. Otherwise, the prize attached to the ball’s final qualifying position applies, unless the published Secondary Prize terms state a different objective priority rule.

Merely landing on, rolling across, bouncing out of, or striking the Target Green, raft, flag, Secondary Target, marker or supporting structure does not win a prize. A Secondary Prize is won only when the ball comes to rest wholly within the applicable Secondary Target and remains there until the Marshal records the result.

The Headline Prize is a fixed cash prize of $5,000.

Subject to the eligibility requirements in clause 13, each Winner who plays a Valid Hole-in-One in the Main Cup is entitled to the full $5,000 Headline Prize.

The Headline Prize does not accumulate, jackpot, increase, decrease, reset or vary according to sales, participation, elapsed time or another Participant’s win.

No part of an experience package price is allocated to or accumulates in a participant-funded prize pool. A Participant does not acquire an interest in any fund or account used by the Operator to meet prize obligations.

A sponsor or supplier does not select Winners. Every claim is determined by the Marshal under the same published skill and verification requirements.

The Operator offers a fixed Secondary Prize for the objectively defined result published for each Secondary Target in Schedule 2.

Subject to these Prize Rules, every Participant who achieves the published qualifying result for a Secondary Target wins the applicable Secondary Prize. There is no draw, random allocation or selection between qualifying Participants.

Each Secondary Prize is one voucher with a face value of $50, redeemable towards an item supplied by a participating precinct trader designated by the Operator when the prize is awarded. The voucher is not redeemable for cash, no change is given, and the supplier and redemption terms provided with the voucher apply.

The Operator may add, vary, substitute, suspend or withdraw a Secondary Prize only for later purchases and Play Sessions by updating the published offer before sale.

No Secondary Prize is available unless it was published for the relevant Secondary Target before purchase.

A non-cash Secondary Prize is subject to the supplier terms, is not transferable and is not redeemable for cash unless the offer says otherwise.

A shot is a Valid Hole-in-One or a valid Secondary Target result only if all the following apply:

1. (a)it was played by an eligible Participant who had paid for, and had not exhausted, an Allocation for that Play Session;
2. (b)it was played from within the Bay assigned to that Participant, from the designated hitting position, and from behind the marked line;
3. (c)it was played while that Bay’s light was green (or its equivalent) and a Marshal had indicated that play could occur;
4. (d)it was played using the Supplied Club issued to that Participant and a Supplied Ball issued for that Play Session;
5. (e)it was a single stroke, being a fair strike at the ball with the club head with the intention of striking it, and not a push, scrape, scoop, double hit or deliberate mis-hit;
6. (f)the ball came to rest wholly within the Main Cup below the level of its rim, or wholly within the applicable Secondary Target, and remained there until the Marshal recorded the result;
7. (g)the ball was not struck, deflected, carried, assisted or repositioned after the stroke by any person, vessel, animal or equipment (deflection or movement caused only by wind, water, the Target Green, the barge or a Cup does not disqualify a shot); and
8. (h)the shot and ball remained within the Containment Zone at all times; and
9. (i)the Marshal has determined that the shot achieved the applicable qualifying result and recorded it in the Adjudication Record.

A ball need not enter the Main Cup or Secondary Target directly from the air. A ball that lands on or bounces off the Target Green and then comes to rest wholly within the Main Cup or applicable Secondary Target qualifies, provided clause 7.1 is otherwise satisfied.

A ball that enters the Main Cup or a Secondary Target and then comes out of it, for any reason, does not achieve a qualifying result.

Without limiting anything else in these rules, a shot wins no prize if:

1. (a)it was played while the Bay light was red (or its equivalent), during a stoppage, before a Marshal indicated that play could occur, or outside the Activity’s published operating hours;
2. (b)it was played with a club, ball or equipment other than the Supplied Equipment issued for that Play Session, or with a ball that had been retrieved, substituted or brought onto the site;
3. (c)it was played from outside the assigned Bay, from in front of the marked line, or by a person other than the Participant who holds the Allocation;
4. (d)it was played after the Participant’s Allocation was exhausted;
5. (e)it involved a trick shot, a deliberate distance attempt, a deliberate mis-hit, or play other than at the designated target along the designated line of play;
6. (f)the ball was holed only after being struck by, or after striking, another ball in flight or in motion; or
7. (g)the ball travelled, landed or was found outside the Containment Zone; or
8. (h)the Marshal is not reasonably satisfied from the available evidence that the shot met the applicable requirements otherwise stated in these rules.

Shots may be tracked by Doppler radar, with cameras as a backup, or other electronic means (however, no system will be without error and may not work or be operational for every shot). However, if such technology is used, it is only to assist the Marshal. It does not decide. A machine indication, alert, light, sound, sensor trigger, on-screen display or announcement is not an award of a prize and creates no entitlement. The decision rests with the Marshal.

The Marshal confirms or rejects each claimed prize result and records the determination in the Adjudication Record. The Adjudication Record is the definitive operational record of what occurred, subject to any right or remedy that cannot lawfully be excluded.

A Participant should make a prize claim to a Marshal before leaving the bay floor. A later claim may be considered if the Operator’s systems recorded it or it was not reasonably possible to make the claim before leaving. Notwithstanding the rest of this clause, a claim to be considered must be made on the same day the shot was taken, to which the claim relates.

A Participant who claims a prize must remain at the Activity and follow reasonable Marshal directions while the claim is reviewed, unless a Marshal permits the Participant to leave or circumstances beyond the Participant’s reasonable control require it.

If the available radar, camera, sensor and other evidence does not allow the occurrence of a qualifying result to be reliably verified, the shot does not win a prize. If the qualifying result is verified but the evidence does not conclusively identify the Participant who played the shot, clause 10.2 applies. This does not limit any right to a replacement shot, replacement service, refund or other remedy under the Participant Terms or the Australian Consumer Law where the failure forms part of the service supplied.

The Operator may withhold payment for the period reasonably required to review the Adjudication Record and other evidence reasonably relevant to the claim.

There are six Bays and shots may be played at the same time. If two or more Valid Holes-in-One occur at or about the same time, each shot is assessed independently and each eligible Winner is entitled to the full $5,000 Headline Prize.

If the occurrence of a qualifying result is verified but it is difficult to identify which Participant played the shot, the Marshal will determine, reasonably and in good faith using the available operational evidence, which Participant most likely played it. That determination is final. Only one prize will be awarded and there is no right or obligation to award a prize to multiple Participants.

The Marshal determines the following matters reasonably, in good faith and by applying these Prize Rules:

1. (a)whether a shot achieved the applicable qualifying result;
2. (b)whether a Participant is eligible under clause 13;
3. (c)whether a Secondary Prize and its qualifying result were published for the relevant Secondary Target and Play Session;
4. (d)whether a claim satisfies the applicable verification requirements;
5. (e)whether a prize is denied, withheld or recovered under clause 12; and
6. (f)every other question arising under these Prize Rules.

The Marshal’s operational determination is final. There is no internal appeal or review. This does not limit any right or remedy that cannot lawfully be excluded.

On request, the Operator will give the Participant a brief written statement of the determination and its principal reason, subject to privacy, safety and legal restrictions.

Nothing in this clause limits any right or remedy a Participant has under the Australian Consumer Law that cannot lawfully be excluded.

The Marshal may deny, withhold or, if already paid, recover a prize only where reasonably satisfied that one or more of the following applies:

1. (a)the Participant materially breached the Participant Terms or these Prize Rules in a way relevant to safety, eligibility, the shot, adjudication or the integrity of the Activity;
2. (b)the Participant engaged in any prohibited conduct under the Participant Terms;
3. (c)the Participant played while a Bay was red, during a stoppage, or contrary to a Marshal’s direction;
4. (d)equipment other than the Supplied Equipment was used, or equipment, netting, barriers, lighting, screens, cameras, radar, a sensor, the Main Cup, the Secondary Target, the Target Green, the barge, the silt boom or a marker was tampered with, moved, obscured or interfered with;
5. (e)a Ticket or Allocation was tampered with, duplicated, altered, shared or misused, or a Participant played another person’s Allocation;
6. (f)the Participant was, or a Marshal reasonably believes the Participant was, affected by alcohol or a drug;
7. (g)there is fraud, collusion, impersonation, a false or misleading statement, or any arrangement between Participants or with a staff member designed to obtain a prize;
8. (h)the Participant is not eligible under clause 13;
9. (i)the result cannot be reliably verified under clause 9;
10. (j)the Participant fails to claim it in accordance with clause 14; or
11. (k)the Participant engaged in abusive, threatening or unsafe conduct, or other conduct that a Marshal reasonably considers materially compromised the integrity or orderly conduct of the Activity.

A Participant whose prize is denied or withheld may request the written statement described in clause 11.3. No replacement shot or prize is payable for a valid disqualification caused by the Participant’s breach, subject to any right or remedy that cannot lawfully be excluded.

If a prize is paid and the Operator later establishes a ground in clause 12 or an objective payment error, it may recover the amount that was not payable as a debt, after giving the recipient written reasons and a reasonable opportunity to respond.

To win a prize you must be the Participant who played the Allocation and for whom that Allocation was purchased. The payer does not acquire the prize merely because they paid for the Allocation.

A cash prize will only be paid to a person aged 18 years or over. If a Valid Hole-in-One is played by a Participant under 18, the prize is paid to a parent or legal guardian who consents to the payment, completes the verification steps in clause 14 and holds the prize for the Participant’s benefit. A Participant aged 16 or 17 does not need parental or guardian consent to play, but the consent described in this clause is required before payment.

The following persons are not eligible to win a prize:

1. (a)directors, officers, employees, contractors, agents and volunteers of the Operator, of the Land Owner, of any sponsor, and of any supplier engaged in the delivery of the Activity, and their immediate families;
2. (b)any person who is, or within the preceding 5 years has been, a professional golfer, a member or trainee of the PGA of Australia or an equivalent body, a touring professional, or a state, national or international representative player;
3. (c)any person who holds, or within the preceding 5 years has held, a golf handicap of 2.0 or better; and
4. (d)any person validly disqualified from prize eligibility under these Prize Rules or the Participant Terms.

Each eligible Participant may win only one Headline Prize during the season of the Activity. One Winner’s prize does not reduce or affect another eligible Participant’s entitlement. A Participant who has already won a Headline Prize is not eligible for another Headline Prize during the same season.

A cash prize is paid by electronic funds transfer to a single account with an Australian authorised deposit-taking institution held in the name of the Winner or, for a minor, the parent or legal guardian receiving payment under clause 13.2. The Operator does not pay prizes in cash and holds no cash or valuables on site.

Before a prize is paid or given, the Winner must:

1. (a)produce current photographic identification and, where relevant, evidence of age;
2. (b)complete and sign the Operator’s winner declaration, including confirming eligibility under clause 13;
3. (c)provide bank account details for payment; and
4. (d)provide any further information the Operator reasonably requires to verify the claim.

The Operator may review the Adjudication Record, sales and Ticket records, event logs and any other evidence before paying a prize.

If a Winner does not complete the requirements in clause 14 within 5 days after the determination, or provides materially false or misleading information, the Operator will treat the prize as forfeit and is not required to make payment.

A cash prize is paid within 30 days after the Winner has completed the requirements in clause 14 to the Operator’s satisfaction.

A prize is paid in a single payment to one nominated account. A prize is not transferable or assignable and, unless the Operator decides otherwise, has no cash alternative where the prize is non-cash.

A Secondary Prize that is a voucher, offer or item is provided at the time of the award or as otherwise notified, and is subject to the terms of the supplier of that prize.

A prize not claimed, or for which verification is not completed, within the period in clause 14 is dealt with under that clause and any applicable law.

The Operator may record, photograph and film any claimed or awarded prize result and any prize presentation.

The Operator will obtain separate consent before using an identifiable Winner’s name, suburb, image, likeness, voice or footage for advertising or promotional purposes, except where the use is otherwise lawful as incidental public-domain footage.

Publicity consent is optional, may be withdrawn for future uses and is not a condition of participation, adjudication or prize payment. Consent for a Winner under 18 must be given by their parent or legal guardian.

Operational recordings of the shot are handled under the Participant Terms and the Operator’s privacy policy and may be retained as adjudication and incident records.

A stoppage, red light (or its equivalent), technology failure, display error, weather event, marine event or equipment fault does not by itself create a right to a prize. Rights to a replacement shot, replacement service, refund or other remedy are governed by the Participant Terms and the Australian Consumer Law.

A Marshal may, acting reasonably in the circumstances, permit a replacement ball or shot. Doing so on one occasion does not create an entitlement on another occasion.

A shot played during a stoppage or while a Bay light is red (or its equivalent) is void, wins no prize, and is not replaced.

The version of these Prize Rules displayed or made available before purchase applies to that purchase and Play Session. The Operator may amend the Rules only for later purchases. A change cannot reduce or alter a prize already applicable to an existing Ticket or a current Play Session.

The Operator may suspend or withdraw a prize for later purchases where reasonably necessary because an insurance, licence, approval, safety or operational requirement is not met.

A withdrawal does not affect a prize properly won before the withdrawal took effect, except to the extent required by law or an authority’s direction.

Clause 10 of the Participant Terms (Damage to property - your cost and liability) applies to these Prize Rules. A Participant is responsible for the reasonable costs properly payable under that clause.

The Operator may set off an amount owed under clause 10 of the Participant Terms against a prize.

The release and indemnity in clause 11 of the Participant Terms apply equally to any claim in connection with a prize.

A Winner is responsible for their own taxes, duties, levies and costs in connection with a prize.

The Operator does not give tax advice. A Winner should obtain their own advice, in particular if they play golf professionally or commercially or derive income from golf.

Personal information collected in connection with a prize claim is handled in accordance with the Operator’s privacy policy and applicable privacy laws, and may be used to verify eligibility, adjudicate and pay prizes, meet legal, insurance and audit obligations, and, with consent, for promotional purposes.

Adjudication records, including radar, camera and sensor data, are retained for the period set out in the Operator’s privacy policy and may be disclosed to an insurer, the Land Owner or an authority where lawful or required.

Nothing in these Prize Rules excludes, restricts or modifies any right, guarantee or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law, to the extent it cannot lawfully be excluded, restricted or modified.

Any limitation or exclusion in these Prize Rules operates only to the extent permitted by law and does not remove a consumer right to a refund, replacement service, compensation or other remedy that cannot lawfully be excluded.

If any part of these Prize Rules is invalid or unenforceable, it is severed and the remainder continues in full force.

A failure or delay by the Operator or a Marshal to enforce a provision is not a waiver of it.

These Prize Rules are governed by the laws of New South Wales, Australia, and each Participant submits to the non-exclusive jurisdiction of the courts of New South Wales.

Questions about these Prize Rules can be directed to the Operator at contact@harbourshot.com.au or through www.harbourshot.com.au.