TGL MEDIA REGULATIONS
These TGL Media Regulations (“Regulations”) establish the terms and conditions pursuant to which a media outlet and its representatives may request, receive, and use credentials to (A) attend TGL Events, (B) access the TGL Media Site, and (C) access the TGL Data Feed, in each case, solely for news and editorial purposes. These Regulations form a binding contract between TGL Golf Holdings, LLC and its subsidiaries (collectively, “TGL”), on the one hand, and the applicable Media Outlet and its Credential Holders, on the other hand.
Each time you do any of the following, you represent that you have read these Regulations, and you acknowledge and accept these Regulations in their entirety on behalf of yourself and the Media Outlet with which you are affiliated:
1. Apply for credentials;
2. Attend a TGL Event in your capacity as a representative of your media outlet;
3. Access or use the TGL Media Site or TGL Data Feed; or
4. Publish, distribute, or otherwise use any TGL Materials.
If you have not read, or do not accept in their entirety, these Regulations, or if you do not have the authority to accept these Regulations on behalf of the Media Outlet with which you are affiliated, you may not do any of the above items 1 – 4.
TGL reserves the right to change these Regulations at any time, without notice to you. Any such changes will be effective when posted and will only apply prospectively. By doing or continuing to do any of the above items 1 – 4 after we post any such changes, you accept the Regulations as modified.
Capitalized terms are defined in the Glossary at the end of these Regulations.
Please contact the TGL Communications Department with any questions regarding these Regulations at media@tmrwsportsgroup.com.
I. GENERAL TERMS
1. TGL Holds Exclusive Rights. TGL holds the exclusive right to provide media outlets and their representatives with access to TGL Events, the TGL Media Site and the TGL Data Feed. As between the Parties, all media rights in and to TGL Events (including rights to all forms of audio, video and photography, now known or hereafter developed) and all rights in and to TGL Materials are held exclusively by TGL.
2. Overview of Credentials. TGL issues credentials under these Regulations solely to approved individuals representing an approved Media Outlet. Credentials for TGL Events, the TGL Media Site and the TGL Data Feed must each be applied for, and are each issued, separately through TGL’s credentialing system, available at www.TGLmediahub.com
3. Credential Approvals; Revocations. TGL reserves sole discretion to approve or deny a credential request in whole or in part, and to revoke or change credentials issued under these Regulations and/or any rights granted under these Regulations in whole or in part (including with respect to a particular Outlet Platform) at any time.
4. News and Editorial Use License. Subject to continual compliance with these Regulations, TGL grants each Credential Holder and its associated Media Outlet a revocable, limited, non-exclusive, non-transferrable, non-sublicensable right and license to use and distribute the TGL Materials solely:
(a) if they have applied for and received from TGL the relevant credentials with respect to the particular TGL Materials, and such credentials have not been revoked (e.g., only Data Feed Credential Holders and their Media Outlets receive a TGL Data license hereunder);
(b) on an Outlet Platform;
(c) in the Media Outlet’s news and editorial coverage of the relevant TGL Event, TGL athlete, TGL team or other TGL coverage;
(d) in a non-commercial manner;
(e) without implying any official, marketing, endorsement or sponsorship relationship with TGL or any TGL partner, TGL Event, TGL team, Team Operator or TGL athlete;
(f) without such TGL Materials being copied, sold, distributed, syndicated or licensed to third parties except as expressly permitted under these Regulations;
(g) without modification or alteration;
(h) in compliance with applicable law; and
(i) without violating the rights of any TGL athletes, personnel or affiliates, or any third parties.
Notwithstanding the foregoing non-commercial use and other restrictions, TGL acknowledges that Media Outlets may (i) sell subscriptions to Outlet Platforms; and (ii) serve non-targeted, standard advertisements (subject to clause (e) above) on Outlet Platforms.
5. Additional Prohibitions. A Media Outlet and its Credential Holders shall not use, capture, collect, distribute or provide to any third party any TGL Materials for purposes of or in connection with (a) any gambling, gaming, daily fantasy or similar activity, (b) the training, fine-tuning or other development of any artificial intelligence or machine learning technology, in each case, unless permitted pursuant to a separate agreement with TGL, or (c) any other activity not specifically authorized under these Regulations.
6. Takedowns. TGL may issue and/or request takedowns of TGL Materials or other material owned by TGL for any reason, including for any violation of these Regulations, to comply with applicable law, for any business concern, or to avoid or cease violation of its or any third party’s rights. Each Media Outlet and Credential Holder agrees to promptly comply with any such request.
7. Integrity Policy. As a Credential Holder, you agree to have read and be bound by TGL’s Integrity Policy, a copy of which is attached to these Regulations.
II. ADDITIONAL TERMS FOR TGL EVENT CREDENTIAL HOLDERS
1. Areas of Access. TGL will outline and identify the specific areas at TGL Events that each Event Credential Holder may access on an event-by-event and credential-by-credential basis. TGL reserves sole discretion to limit access to certain areas throughout its facilities or any other location of a TGL Event, and to grant different degrees of access to different Event Credential Holders. An Event Credential Holder may access on-site areas only as permitted by TGL. For clarity, possession of a credential does not guarantee a Credential Holder entry into any individual TGL Event.
2. Collection of Information. An Event Credential Holder may collect information at TGL Events and report such information via Outlet Platforms solely as part of his/her Media Outlet’s news and editorial coverage of the relevant TGL Event, subject to the terms and conditions of these Regulations. Notwithstanding the foregoing, any feeds of scoring data, statistical information and other data provided by TGL to Event Credential Holders at a TGL Event are provided solely to enhance the applicable Media Outlets’ news and editorial coverage of the TGL Event and may not be distributed by any Media Outlet and/or Credential Holder in whole or in part unless a separate data license agreement is entered into with TGL. For clarity, if an Event Credential Holder is also a Data Feed Credential Holder, the foregoing restriction does not prohibit such Credential Holder and his/her Media Outlet from distributing TGL Data in accordance with these Regulations.
3. General Conduct Guidelines.
(a) Verification. An Event Credential Holder must present his/her credentials upon entry to a TGL Event, at all relevant access points within a TGL Event and at the request of TGL Event staff. A government-issued ID may be required to verify an Event Credential Holder’s identity upon entry to a TGL Event. Physical badges, IDs, tags or similar indicia provided to Event Credential Holders must be worn visibly at all times when an Event Credential Holder is in limited-access areas of a TGL Event.
(b) Cooperation. An Event Credential Holder must follow the directions and instructions of TGL and TGL Event staff while present at a TGL Event.
(c) Drones. Remote-controlled devices such as drones (or other unmanned aircraft systems) may not be used at TGL Events at any time without the prior written approval of TGL.
(d) Autographs. Event Credential Holders may not ask TGL athletes for autographs.
(e) No Disruptions. TGL athletes may not be distracted or interrupted for interviews, photos or any other purpose during practice or play during TGL Events.
4. Event-Specific Guidelines.
(a) Cooperation. If an Event Credential Holder is requested to move by a TGL athlete, TGL representative or TGL Event staff, the Event Credential Holder must do so without delay or discussion.
(b) Line of Sight. An Event Credential Holder should position him/herself outside of the reasonable line of sight of TGL broadcasters.
(c) Additional Regulations. TGL may issue additional media rules and regulations for specific TGL Events. Any such additional rules and regulations will be considered part of these Regulations for purposes of the applicable TGL Event.
5. Interview Guidelines.
(a) TGL Permission. An Event Credential Holder may conduct interviews only by prior arrangement with TGL or with the approval of TGL Event staff and must observe any additional interview regulations communicated to them by TGL and TGL Event staff, which additional interview regulations will be considered part of these Regulations for purposes of the applicable TGL Event.
(b) Interviewee Permission. An Event Credential Holder must clearly request, and the interviewee must clearly grant, (i) permission to conduct an interview and (ii) permission for audio and/or video of an interview to be recorded. Declined requests must be respected and Event Credential Holders must not pressure or harass TGL athletes for interviews. The Event Credential Holder must provide evidence of permission to record an interview at the request of TGL and/or the interviewee.
(c) Interview Areas. Interviews are permitted in designated interview areas only.
(d) Interview Timing. Except for questions during official press conferences, interviews may be conducted only after the conclusion of TGL Events unless a prior arrangement is made for a pre-event interview.
6. Photography Guidelines.
(a) General Limitation. Due to space limitations within SoFi Center, professional still photographers will not be credentialed for TGL matches. TGL will provide a selection of free images at TGL’s media hub. These images may only be used in editorial coverage of TGL. Event Credential Holders utilizing their mobile devices for photograph at TGL Events must do so as expressly permitted in, and in accordance with, these Regulations.
(b) Flash. Flash photography is not permitted at any TGL Event except with express prior written permission from TGL.
(c) Posing. TGL athletes may not be asked to pose under any circumstances.
(d) Selfies. Selfies or other photos of Event Credential Holders with TGL athletes are not permitted at any time unless previously approved by TGL staff.
(e) Real-Time Restrictions. TGL Event photos may not be used with real-time or near real-time information or sequenced to create a “shot by shot” or “hole by hole” account of the day’s play, nor may photos be sequenced in such a way as to approximate video.
7. Video Guidelines.
(a) General Limitation. Event Credential Holders may not capture video at TGL Events except as expressly permitted in, and in accordance with, these Regulations.
(b) Competition Limitation. Credential Holders may not capture or post video of competition, including during the TGL live broadcast window, without the express prior written approval of TGL.
(c) Media Outlets and approved Credential Holders on site or off site will be provided with footage of interviews, highlights and other on-site videos via the TGL Media Portal. Media Outlets and Credential Holders will be permitted to use this content pursuant to these Media Regulations, solely in the Media Outlet’s news and editorial coverage of the relevant TGL Event, TGL athlete, TGL Team or TGL sports story. Such information and other content: (a) may not be used in any commercial manner (except as set forth in Section I.4 above); (b) may not be used to imply an official, marketing, endorsement or sponsorship relationship with TGL or TGL partners,TGL Event, TGL athlete; and (c) may not be sold, distributed, syndicated or licensed to third parties (except pursuant to Section II.12 below).
(d) Competition Highlights on Digital & Social Platforms: A Media Outlet may acquire access to competition highlights to be distributed on the Media Outlet’s branded website, app and social channels through the TGL Media website (www.TGLMediaHub.com). Approval of the specific Media Outlet(s) will be at TGL’s sole discretion. No other competition highlights may be distributed by the Credential Holder or the Media Outlet on any platform other than what is set forth herein.
(e) Commentary / Interviews / Press Conferences. A Credential Holder may capture video of (i) commentary by the Credential Holder in the Media Center (e.g., “stand-up” Tournament updates), (ii) one-on-one interviews by the Credential Holder in the Media Center and any “flash” interview areas designated by TGL staff, and (iii) interviews organized by TGL Staff in the Media Center interview room and/or in “flash” interview areas (e.g., “press conferences”). A Credential Holder and/or his/her Media Outlet may distribute such video on a live and/or delayed basis via Approved Platforms. A Credential Holder may not capture video of competition, unless permitted under the immediately following paragraph.
(f) For any video content requests outside of these regulations, Credential Holders and Media Outlets must submit video requests and receive written approval from TGL as part of the credential process.
8. Audio Guidelines.
(a) General Limitation. Event Credential Holders may not capture audio at TGL Events except as expressly permitted in, and in accordance with, these Regulations.
(b) Event Credential Holders may capture audio of (i) commentary by themselves in TGL-designated media and interview areas and (ii) interviews in accordance with the above Interview Guidelines. The Credential Holder and/or his/her Media Outlet may distribute such audio on a delayed or, with TGL’s express prior written approval, live basis via Outlet Platforms.
9. Other Formats. Media formats not specifically addressed in these Regulations, including virtual and augmented reality, may not be captured at a TGL Event or used by a Media Outlet and/or Credential Holder unless set forth in a separate written agreement with TGL.
10. Ownership. As a condition to receiving credentials hereunder and being provided with access to TGL Events, each Media Outlet and Event Credential Holder acknowledges and agrees that TGL is the sole owner of all right, title and interest in and to all photographs, audio and video captured at a TGL Event (of golf action or otherwise), and hereby assigns to TGL all such right, title and interest; provided that each Media Outlet and Credential Holder is hereby authorized to use such photographs, audio and video as expressly permitted under these Regulations. At TGL’s request, each Media Outlet and Credential Holder will execute any further documentation provided by TGL to document TGL’s ownership of such photographs, audio and video. Further, at TGL’s request, each Media Outlet and Credential Holder will provide TGL with copies of all such photographs, audio and video.
11. No Real-Time Coverage. A Media Outlet and/or Event Credential Holder’s coverage of a TGL Event from on-site on any platform may not purport to be, approximate or serve as a substitute for play-by-play, hole-by-hole or real-time coverage of the TGL Event. A Media Outlet and/or Event Credential Holder may not advertise, market, promote or imply the offering of “live” coverage of a TGL Event.
12. Wire Services. A Media Outlet recognized by TGL as an established wire and news distribution service (e.g., AP) may distribute the information and content collected by its Event Credential Holders under these Regulations to third-party media organizations in the ordinary course of its business. Such third-party media organizations may use such information and content solely for their news and editorial coverage on the same terms and conditions applicable to Media Outlets under these Regulations. Each wire and news distribution service will be responsible for the compliance of its third-party media organizations with the terms and conditions of these Regulations. No Media Outlet or Credential Holder may otherwise transfer, sell or license the information or content collected by it/him/her pursuant to these Regulations.
13. Assumption of Risk and Release of Liability. As a condition to receiving credentials under these Regulations, each Media Outlet and Event Credential Holder acknowledges and assumes all risks and dangers incidental to the game of golf and attending a golf tournament or practice event, known and unknown, and hereby releases the TGL Released Parties from any and all liabilities, damages and losses, including property damage, personal injury and death, resulting from its/his/her attendance of a TGL Event to the fullest extent permitted under applicable law.
14. Use of Likeness. Each Credential Holder grants permission to TGL and its affiliates, licensees, distributors and media partners to utilize his/her image and likeness as appearing incidentally in any live or recorded television or other transmission or reproduction in whole or in part of any TGL Event.
III. ADDITIONAL TERMS FOR MEDIA SITE CREDENTIAL HOLDERS
1. License. Subject to continual compliance with these Regulations, TGL hereby grants to each Media Site Credential Holder a revocable, limited, non-exclusive, non-transferrable, non-sublicensable right and license to access the TGL Media Site and download TGL Media therefrom for use by and on behalf of the applicable Media Outlet in accordance with these Regulations.
2. Access Methods. Media Site Credential Holders may access the TGL Media Site solely through the access methods (e.g., accounts, passwords, logins) authorized by TGL (“Media Site Access Methods”). Each Media Site Credential Holder is solely responsible for maintaining the confidentiality and security of his/her Media Site Access Methods and must inform TGL immediately if Media Site Access Methods are lost, stolen or compromised. TGL may terminate, revoke, suspend, modify or change Media Site Access Methods at any time, without prior notice, in TGL’s sole discretion.
3. Credits. Uses of TGL Media pursuant to these Regulations, where reasonably practicable and customary, shall be made with a courtesy credit to TGL.
4. End-User Terms. Should TGL Media be provided to the public on an individual basis in an electronic fashion (e.g., posted on a Media Outlet’s website), the applicable Media Outlet shall implement an automated, electronic terms of service agreement consistent with these Regulations with the end user prior to such individual gaining access to any content.
5. Restrictions. Media Site Credential Holders will not and will not knowingly permit others to:
(a) gain or attempt to gain unauthorized access to the TGL Media Site or any element thereof, or circumvent or otherwise interfere with the Media Site Access Methods or any authentication or security measures of the TGL Media Site;
(b) interfere with or disrupt the integrity or performance of the TGL Media Site, including by using bots, scrapers or other automated tools if such tools impair the TGL Media Site in any way;
(c) allow the transfer, transmission (e.g., making available online, electronically transmitting or otherwise communicating to the public), export or re-export of the TGL Media Site (or any portion thereof), except as explicitly permitted under these Regulations;
(d) remove or modify any proprietary markings, attribution or licensing information, or restrictive legends placed on the TGL Media or in the metadata thereof; or
(e) knowingly introduce into the TGL Media Site any viruses or other malicious code.
IV. ADDITIONAL TERMS FOR DATA FEED CREDENTIAL HOLDERS
1. License. Subject to continual compliance with these Regulations, TGL hereby grants to each Data Feed Credential Holder a revocable, limited, non-exclusive, non-transferrable, non-sublicensable right and license to access the TGL Data Feed solely to (a) download the TGL Data for use by and on behalf of the applicable Media Outlet in accordance with these Regulations and (b) distribute and display the TGL Data in real time on the applicable Media Outlet’s official branded website and/or mobile application.
2. Access Methods. Data Feed Credential Holders may access the TGL Data Feed solely through the access methods (e.g., accounts, passwords, logins) authorized by TGL (“Data Feed Access Methods”). Each Data Feed Credential Holder is solely responsible for maintaining the confidentiality and security of his/her Data Feed Access Methods and must inform TGL immediately if Data Feed Access Methods are lost, stolen or compromised. TGL may terminate, revoke, suspend, modify or change Data Feed Access Methods at any time, without prior notice, in TGL’s sole discretion.
3. Credits. Uses of TGL Data pursuant to these Regulations, where reasonably practicable and customary, shall be made with a courtesy credit to TGL.
4. End-User Terms. Should TGL Data be provided to the public on an individual basis in an electronic fashion (e.g., posted on a Media Outlet’s website), the applicable Media Outlet shall implement an automated, electronic terms of service agreement with the end user consistent with these Regulations prior to such individual gaining access to any content.
5. Restrictions. Data Feed Credential Holders will not and will not knowingly permit others to:
(a) gain or attempt to gain unauthorized access to the TGL Data Feed or any element thereof, or circumvent or otherwise interfere with the Data Feed Access Methods or any authentication or security measures of the TGL Data Feed;
(b) interfere with or disrupt the integrity or performance of the TGL Data Feed, including by using bots, scrapers or other automated tools if such tools impair the TGL Media Site in any way;
(c) allow the transfer, transmission (e.g., making available online, electronically transmitting or otherwise communicating to the public), export or re-export of the TGL Data Feed (or any portion thereof), except as explicitly permitted under these Regulations;
(d) remove or modify any proprietary markings, attribution or licensing information, or restrictive legends placed in the metadata of the TGL Data; or
(e) knowingly introduce into the TGL Data Feed any viruses or other malicious code.
V. MISCELLANEOUS
1. Indemnification. Each Media Outlet and Credential Holder shall indemnify, defend and hold harmless the TGL Released Parties from and against any and all liabilities, damages, injuries, claims, suits, judgments, causes of action and expenses (including reasonable attorneys’ fees) suffered or incurred by any of them as a result of (a) any breach of these Regulations, (b) for purposes of the Media Outlet’s obligation, its and/or its representatives’ negligence or willful misconduct and (c) for purposes of the Credential Holder’s obligation, his or her negligence or willful misconduct. TGL reserves the right, at TGL’s own expense, to assume the exclusive defense and control of any matter subject to the foregoing indemnification obligation, in which event the Media Outlet and applicable Credential Holder(s) shall cooperate with TGL in defending such claims.
2. NO WARRANTY. THE TGL MEDIA SITE, TGL DATA FEED, TGL MEDIA AND TGL DATA ARE OFFERED “AS-IS” AND MEDIA OUTLETS AND CREDENTIAL HOLDERS USE THEM AT YOUR OWN RISK. TGL MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SECURITY, RELIABILITY, ACCESSIBILITY, AVAILABILITY OR FUNCTIONALITY OF THE TGL MEDIA SITE OR TGL DATA FEED OR THE ACCURACY, CURRENCY OR COMPLETENESS OF THE TGL MEDIA AND TGL DATA.
THIS MEANS THAT TGL MAKES NO PROMISES THAT, WITHOUT LIMITATION:
(a) THE TGL MEDIA SITE, TGL DATA FEED, TGL MEDIA AND TGL DATA WILL BE AVAILABLE AT ANY PARTICULAR TIME,
(b) THE TGL MEDIA SITE, TGL DATA FEED, TGL MEDIA AND TGL DATA WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
(c) THE TGL MEDIA SITE, TGL DATA FEED, TGL MEDIA AND TGL DATA WILL BE ACCURATE OR UP TO DATE, OR
(d) THE TGL MEDIA SITE AND TGL DATA FEED WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
TGL HEREBY DISCLAIMS ALL WARRANTIES RELATED TO TGL MEDIA SITE, TGL DATA FEED, TGL MEDIA AND TGL DATA, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
3. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MEDIA OUTLET AND CREDENTIAL HOLDER AGREES THAT THE TGL RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING UNDER OR RELATING TO THESE REGULATIONS, INCLUDING ANY DAMAGES RESULTING FROM OR RELATING TO ATTENDANCE AT OR INABILITY TO ATTEND A TGL EVENT, REVOCATION OR LIMITATION OF CREDENTIALS, OR USE OR INABILITY TO USE THE TGL MEDIA SITE, TGL DATA FEED OR ANY TGL MATERIALS, IN EACH CASE, EVEN IF TGL HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Third-Party Sites. The TGL Media Site and TGL Data Feed may contain links to external websites. TGL may not have reviewed such websites and is not responsible for the contents thereof. The inclusion of any link does not imply endorsement by TGL of the applicable website or the contents thereof. Access and use of such websites is at the user’s own risk.
5. Reservation of Rights. TGL reserves all rights not expressly granted to a Media Outlet and/or Credential Holder under these Regulations. These Regulations are not intended to and do not serve as a transfer, assignment or waiver of any intellectual property or other rights of TGL. For clarity and without limitation, TGL does not grant any Media Outlet or Credential Holder any rights to distribute any footage or highlights of any TGL Event except as expressly permitted under these Regulations.
6. No Transferability. These Regulations, and each credential issued hereunder, may not be transferred, conveyed or assigned by a Media Outlet or Credential Holder.
7. Parties’ Relationship. The relationship of the Parties shall be solely that of independent contractors, and nothing herein shall be construed to create or imply an employer/employee, agency, partnership or other relationship, it being acknowledged that each of the Parties is engaged in its own separate business and is not under the direct control of the other.
8. Entire Agreement. These Regulations constitute the entire agreement among TGL, a Media Outlet and its Credential Holders with respect to the matters covered in these Regulations and shall supersede all prior written, oral or implied understandings among them with respect to such matters. Any other terms or conditions proposed by a Media Outlet or Credential Holder are hereby rejected.
9. Interpretation. All instances of the word “including” herein shall be construed to mean “including, without limitation”. If any provision of these Regulations is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these Regulations will remain in full force and effect.
10. Injunctive Relief. Each Media Outlet and Credential Holder agrees that its/his/her obligations and the restrictions applicable to it/him/her hereunder are reasonably necessary to protect the interests of TGL and acknowledges that a breach of these Regulations may result in irreparable harm to TGL for which remedies at law for such breach may not adequately compensate TGL for its damages suffered. Accordingly, Each Media Outlet and Credential Holder agrees that in the event of such breach, TGL shall be entitled to seek injunctive relief or such other equitable remedy as a court of competent jurisdiction may provide. The foregoing will not be construed to limit TGL’s right to any remedies at law, including the recovery of damages.
11. Survival. The following Sections of these Regulations will survive any termination or expiration of these Regulations: in Part I, Sections 1, 2, 3, 5 and 6; in Part II, Sections 9, 10, 11, 13 and 14; in Part III, Sections 3, 4 and 5; in Part IV, Section 3, 4 and 5; in Part V, all Sections; and in Part VI, all Sections.
12. Governing Law; Venue. These Regulations will be construed and enforced according to the laws of the State of Florida, without regard to conflicts of law principles. Each Party irrevocably submits to the exclusive jurisdiction of the courts of Orange County in the State of Florida and the federal courts of the Unites States of America located in Orlando, Florida for any action or proceeding arising out of or related to these Regulations.
VI. GLOSSARY
“Credential Holder” means an Event Credential Holder, Media Site Credential Holder, and/or Data Feed Credential Holder.
“Data Feed Credential Holder” means a representative of a Media Outlet who has applied for, and received, permission from TGL to access and use the TGL Data Feed and to publish, distribute and otherwise use the TGL Data on behalf of his/her Media Outlet and in accordance with these Regulations.
“Event Credential Holder” means a representative of a Media Outlet who has applied for, and received, permission from TGL to attend one or more TGL Events and collect and distribute content for news and editorial purposes on behalf of his/her Media Outlet and in accordance with these Regulations.
“Media Outlet” means a media outlet with one or more representatives who is a Credential Holder.
“Media Site Credential Holder” means a representative of a Media Outlet who has applied for, and received, permission from TGL to access and use the TGL Media Site and to publish, distribute, and otherwise use the TGL Media on behalf of his/her Media Outlet and in accordance with these Regulations.
“Outlet Platforms” means, with respect to each Media Outlet: (a) the official publications, television channels, websites, software applications and social media accounts that are operated by the Media Outlet and branded with the brand of the Media Outlet; and (b) the personal social media accounts of the Media Outlet’s Credential Holders (e.g., a reporter’s personal X or Instagram account); provided, that such personal accounts may be used solely in the course of a Credential Holder representing his/her Media Outlet under these Regulations to complement the Media Outlet’s news and editorial coverage of the relevant TGL Event, TGL athlete, TGL team or other TGL coverage.
“Parties” means TGL, the Media Outlet and the Credential Holders.
“TGL Events” means all sanctioned TGL events, including competitions, practices and press conferences, held and hosted by TGL whether at the SoFi Center or other locations, including backstage areas, hospitality areas and all surrounding areas during such events.
“TGL Materials” means the names, logos and other trademarks of TGL, TGL teams and TGL Events; TGL Media; TGL Data; and information and content collected or produced by Event Credential Holders at TGL Events in accordance with these Regulations (including photos, video and audio recordings).
“TGL Media” means all videos, images, audio, text, and other content made available for use by Media Site Credential Holders on the TGL Media Site.
“TGL Media Site” means the website located at www.TGLMediaHub.com
“TGL Data” means the scores, statistics and other data, and the electronic files containing the same, made available for use by Data Feed Credential Holders through the TGL Data Feed.
“TGL Data Feed” for more information on the data feed or to make a request about the data feed, e-mail media@tmrwsportsgroup.com
“TGL Released Parties” means TGL, TMRW Sports, Inc, the TGL teams, TGL Team Operators, the host organization, the host site, all sponsors, all TGL athletes, volunteers and their respective affiliates, officers, directors, managers, members, employees and agents.
“TGL Team Operators” means, at any given time, a person or entity that has entered into a team participation agreement with TGL, and that is in effect at such time.
TGL INTEGRITY POLICY
Please read this TGL Integrity Policy (the “Policy”) carefully and, if applicable, distribute it within your organization. By accepting this Policy, you agree (on behalf of yourself and, if applicable, your organization) to be bound by this Policy in its entirety, including its release of liability and waiver of judicial review. Ignorance of the terms of this Policy will not be considered a mitigating factor in the event of a violation of this Policy. TGL may amend this Policy at any time. Any such amendment shall bind all then-current Covered Persons upon their notification of the amendment.
1. INTRODUCTION
(a) Purpose
TGL League LLC (“TGL”) has developed this Policy for the primary purpose of preventing betting-related corruption in TGL competitions. That said, the general mission of this Policy is as follows:
To maintain integrity and to prevent and mitigate betting-related corruption in TGL and other golf- and golf- related competitions – ensuring competitions always reflect, and appear to reflect, the best efforts of the players, while protecting the welfare of the players and others involved with TGL and in those competitions – through clear policies and regulations, ongoing education and training, and effective and consistent monitoring and enforcement functions.
(b) Scope
This Policy applies to Betting related to TGL and other professional golf, amateur golf, collegiate golf or other golf- or golf-related competitions or events, whether or not affiliated with TGL, anywhere in the world (“Golf Competitions”).
As used herein, “Betting” means (A) placing any money or other thing of value on the occurrence of an uncertain outcome with the possibility of return or (B) participating in any fantasy or other game that is impacted by real-world information and events and that awards a prize of value, including any free-to-play, paid or daily fantasy game, unless expressly exempted by TGL.
(c) Covered Persons
This Policy applies to the following persons (“Covered Persons”):
(vii) Contractors and Partners. TGL and TGL team consultants, contractors, vendors and partners whose role in supporting TGL and/or TGL team(s) provides them access to, or knowledge of, Inside Information. “Inside Information” means non-public or not-yet-public information related to Golf Competitions, players, performance or news, or other information relevant to Betting (e.g., the health of a player, the conditions of a course, etc.).
(vii) Teams. TGL team owners, employees and part-time employees.
(vii) Directors. Each non-player director of TGL’s (or any of its affiliates’) board.
(vii) Employees. Each employee and part-time employee of TGL or any of its affiliates.
(vii) Credentialed Personnel. Each person who receives a credential to access a TGL event (e.g., media members).
(d) Former Covered Persons
TGL retains the right under this Policy to investigate, bring actions against and sanction any person who is no longer a Covered Person but committed a violation of this Policy while a Covered Person; and such person will be deemed to be a “Covered Person” under this Policy for such purposes.
(e) Integrity Officer
This Policy will be overseen by the “TGL Integrity Officer,” who will be designated by TGL in its sole and absolute discretion. TGL shall have the right to terminate the TGL Integrity Officer at any time for any reason.
2. PROHIBITED CONDUCT
The following conduct is prohibited:
(vii) Betting on Golf Competitions. Any Covered Person, directly or indirectly, Betting on any Golf Competition.
(vii) Failing to Give Best Efforts. Any Covered Person, directly or indirectly, encouraging or inducing any player to fail to give best efforts in any Golf Competition.
(vii) Contriving an Outcome. Any Covered Person, directly or indirectly, contriving or attempting to contrive the outcome or any other aspect of any Golf Competition.
(vii) Facilitating Unauthorized Access. Any Covered Person facilitating a third party’s access to a Golf Competition for the purpose of conducting unauthorized activities in relation to Betting.
(vii) Other Betting-Related Activities. Any Covered Person engaging in Betting-related activities or associating with any Betting-related person(s) in a manner that will or might (in TGL’s sole discretion) reflect adversely on the integrity or the appearance of integrity in any Golf Competition.
(vii) Betting Advice. Any Covered Person providing or conveying advice, analysis, tips or insight to a third party for Betting privately or publicly (e.g., Betting picks for a TGL event), provided that this restriction will not apply to a Covered Person acting in the course of his or her professional duties as approved by TGL.
(vii) Providing Inside Information. Any Covered Person providing Inside Information to a third party that he or she knows (or should know) will be, or is likely to be, used for Betting on the outcome of any Golf Competition.
3. REPORTING OF VIOLATIONS
(a) Obligation to Report
Each Covered Person shall immediately report to TGL if: (i) he or she becomes aware of any activity that would reasonably be expected to constitute, or to lead to, a violation of this Policy by any Covered Person; and (ii) he or she is, or he or she becomes aware that any other person has been, approached by any person who offers any money or other thing of value to influence the outcome or any other aspect of a Golf Competition or to provide Inside Information for Betting. For clarity, the failure to report information under this Section will be deemed to be a violation of this Policy.
(b) Anonymous Reporting Lines
TGL will maintain an email address and telephone lines for the reporting of information, as follows: Email: reports@suntrio.com
U.S. and Canada Calls (English-speaking): (833) 214-2442
U.S. and Canada Calls (Spanish-speaking): (800) 216-1288
Website: https://report.syntrio.com/tmrwsportsgroup
Further, Covered Persons may report such information directly to the TGL Integrity Officer at any time. If a reporting person desires to report information anonymously, TGL will seek to maintain the confidentiality of the identity of the reporting person (if known), unless otherwise required by applicable law or approved by the reporting person.
4. EDUCATION
Certain Covered Persons identified by TGL will be required to complete an online educational program regarding Betting-related corruption. Covered Persons are encouraged to contact the TGL Integrity Officer at any time if they wish to receive any additional educational assistance.
5. MONITORING
TGL will, with the assistance of a third-party service provider, monitor for irregularities in the global betting markets for TGL events. If TGL becomes aware of any irregular activity in the betting markets or of any other activity that suggests a violation of this Policy may have occurred, TGL will review the matter and determine whether an investigation is merited.
6. INVESTIGATIONS
(a) Investigation Unit
Each investigation of a potential violation under this Policy (“Investigation”) will be conducted by an Investigation Unit. “Investigation Unit” means one or more independent consultants, TGL personnel, or other persons designated by TGL. The Investigation Unit may, but is not required to, notify each relevant Covered Person that he or she is subject to an Investigation.
(b) Cooperation with Investigation
Each Covered Person subject to an Investigation shall cooperate fully with the Investigation. Each such Covered Person shall, without limitation: (i) timely provide (and hereby waives any right to withhold) information and records requested by the Investigation Unit for purposes of the Investigation, which may include telephone records, text messages, emails, financial records and storage devices; (ii) provide, as requested by the Investigation Unit, a true and complete written statement and/or oral interview setting forth facts and circumstances with respect to the Investigation; and (iii) not tamper with or destroy evidence that is or could be relevant to an Investigation, or otherwise deliberately hinder an Investigation in any way. Each Covered Person consents to the collection and use of information relating to him/her, including personal information, by TGL and/or the Investigation Unit for purposes of the Investigation and any Disciplinary Procedure. The failure of a Covered Person to comply with this Section 6(b) will be deemed to be a violation of this Policy.
(c) Coordination with Criminal Authorities
If any matter subject to an Investigation hereunder is also subject to a criminal investigation or any other similar proceeding, including any action brought by any regulatory authority, in any jurisdiction, TGL may coordinate with the relevant law enforcement and other authorities in TGL’s discretion. In connection therewith, TGL may disclose information relating to the Investigation hereunder to the relevant authorities. Further, TGL may use information obtained from the relevant authorities in the Investigation hereunder. TGL may continue to conduct, or suspend, the Investigation hereunder during a criminal investigation or similar proceeding in its discretion, subject to applicable law.
(d) Findings of Investigation
The Investigation Unit will report its findings from the Investigation to TGL for review and consideration.
7. DISCIPLINARY PROCEDURES
(a) Procedure
TGL has the right, in its sole and absolute discretion, to discipline and sanction Covered Persons for violations of the Policy. If TGL commences any disciplinary procedure, TGL will notify the relevant Covered Person in writing of the applicable possible violation of this Policy and the commencement of the disciplinary procedure. The Covered Person will cooperate fully with the disciplinary procedure. Through the disciplinary procedure, TGL will determine, in its sole and absolute discretion: (i) whether the Covered Person has violated this Policy and (ii) the sanctions to be imposed on the Covered Person for any violation(s). TGL will notify the Covered Person of the determination by written notice. The determination will be the full, final and complete disposition of the matter (unless TGL, in its sole and absolute discretion, grants the Covered Person an appeal) and will be final and binding on the Covered Person.
(b) Waivers
To the fullest extent permitted by applicable law, each Covered Person hereby (i) waives and agrees not to assert any right to judicial review or other appeal of TGL’s determination(s) under paragraphs 7(a), 8 and/or 9;
(ii) agrees that TGL and its affiliates shall have no liability of any kind in connection with their enforcement of this Policy and releases TGL from any such liability; and (iii) hereby waives and agrees not to bring any claims of any kind against TGL in connection with the enforcement of this Policy.
8. SANCTIONS
(a) Sanctions for Covered Persons
Sanctions for a Covered Person due to violation(s) of this Policy may include (but are not limited to):
(vii) A warning;
(vii) A required education program;
(vii) Monetary fines and removal from TGL events and competitions;
(vii) The temporary and/or permanent denial of access and/or credentials to TGL events;
(vii) Contract rescission;
(vii) Removal from the TGL (and/or, as applicable, its affiliate’s) board;
(vii) For employees, disciplinary action up to and including termination of employment.
(b) Fulfillment of Sanctions
If a Covered Person fails to fulfill any sanctions, TGL may, in its sole discretion, deem such failure an additional violation of this Policy and impose additional sanctions hereunder.
9. PROVISIONAL SUSPENSIONS
TGL may impose a provisional suspension of a Covered Person at any time prior to a final determination under Section 7 above (including at any time prior to the conclusion of an appeal) (a “Provisional Suspension”) if TGL believes it is likely a violation of this Policy was committed or believes the integrity and/or reputation of TGL and/or the game of golf would be undermined absent a Provisional Suspension. A Provisional Suspension may consist of a suspension of the right to participate in TGL events, receive credentials or access to TGL events, volunteer for TGL events, serve on the TGL (or any affiliate’s) board or be employed by TGL. A Provisional Suspension will be effective upon the delivery of written notice thereof from TGL to the relevant Covered Person.
10. DISCLOSURES OF INFORMATION
TGL may publish and disclose information related to Investigations and other information relating to this Policy (and its enforcement) publicly or privately as deemed appropriate or necessary by TGL in its discretion. Without limitation, TGL may: (i) disclose such information to other governing bodies in golf; (ii) disclose such information to law enforcement and governmental, regulatory and judicial authorities; (iii) issue any public statement or correct any public record or account; and (iv) publish statistical information about this Policy (and its enforcement).