1. NO PURCHASE,
CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN: This college football experts club game
("Game") begins at 12:00:01 AM Eastern Time on August 27th, 2009 and continues through 14
rounds of college football play (“Rounds”),
ending at midnight Eastern Time on December 1st, 2009 (“Game Period”). The Game is designed
solely as a non-gambling promotional program (“Promotion”) and is only intended for entertainment purposes and the
enjoyment of the participants. The Promotion begins with the start of
registration at 12:00:01 AM Eastern Time on August 27th, 2009 and
continues through the end of the “viewing period” of
posted winning participants (“Winners”)
at midnight Eastern Time on December 21st, 2009 (“Promotion Period”). From all eligible entries received, Winners will be identified
according to the process set out in paragraph 4 below. Any particpant’s ability
to win is based solely on his/her ability to use his/her skill and knowledge of
the game of football, college football players and college football teams in the
2009/2010 college football season and accumulate a high number of points throughout the
Game. Participation in the Game is described, regulated
and clarified by and wholly subject to the provisions of these official rules
(“Official Rules”).
2. ELIGIBILITY: The Game is open to individuals (only individuals may register and enter) legally residing, for purposes of all applicable state and federal tax laws, in one of the fifty (50) United States or the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) ("Eligibility Area"), who are 18 years of age or older at the start of the Game Period, and have the ability to enter into valid contracts in their personal jurisdiction of residence. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and directors of Athlon Sports Communications, Inc. (“Athlon”) or any third-party Game sponsors, presenters, prize providers or advertisers (“Sponsor[s]”) and their respective affiliates, subsidiaries, franchisees, advertising and promotional agencies, officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals), and those living in their same households are ineligible to play, win or collect prizes in the Game. Only individuals meeting all eligibility requirements and correctly registering for the Game as set out in paragraph 3 below may participate in the Game (“Players”). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player’s participation in the Game constitutes and is deemed Player’s agreement to the Official Rules and any and all decisions of Athlon and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.
3. HOW TO
REGISTER: Beginning 12:00:01 AM Eastern Time on August 27th, 2009, and
throughout the Game Period, Players will log on to www.wideopen.athlonsports.com
(“Site”) and follow the instructions
to register for the Game and select a user name and password for log-in during
subsequent visits to the Site. Following registration, Player will follow the
instructions to provide the information requested in the Official Entry Form, including Player’s name, e-mail address,
physical address, and telephone number. Player may also be asked to consent to
receive promotional e-mails. Consenting
to receive promotional e-mails is optional and refusal to consent will not
render any Player ineligible to play the Game or win prizes or affect or reduce
any Player’s chances of winning. Each
individual Player may only register once.
4. HOW
TO PLAY/ACCRUE POINTS & PRIZES: During each Round of the Game, Player will go
to the “Picks” page of the Site to review the list of college football games
available for play in that Round. In each Round in which Player participates, Player will complete
each entry by (i) predicting and selecting the
winning team of each football game of each Round, including an identified
“Bonus Game” (“Predicted Team”); and
(ii) predicting the actual combined score of both the
winning and losing teams (“Predicted
Score”) of the Bonus Game ("entry"
or "entries"). Players
completing entries after the Round begins will receive no points or Auto-Picks
(as defined below) for games commenced prior to Player’s time of entry and will
complete the entry form as to only those yet “un-played” college football games
(“Eligible Game[s]”) in the Round.
Players will follow the instructions to submit the
entry no later than thirty (30) minutes prior to the final official
scheduled “start” or “kick-off” time of
the next Eligible Game in that Round (“Round
Entry Deadline”). Players will receive 100 points for each
Selected Team that matches the actual winning team (“Winning Team”) of the Eligible Game. If Player’s Selected Team matches the Winning
Team of the Bonus Game, Player receives that number of Bonus Points equal to
100 points less the Point Difference. The Point Difference
is the number of points between the
Player’s Predicted Score of the Bonus Game and the actual combined score for both the winning and losing teams of the
Bonus Game (“Actual Score”). If a
Player who has previously participated in a Round or Rounds fails to submit an
entry for any Eligible Game(s) in a particular Round by the Round Entry
Deadline (“Un-Played Round”), that
Player will be assigned an “automatic prediction” (“Auto-Pick”) for that Un-Played Round . Each Auto-Pick will select
and assign the “away” team as
Player’s Winning Team for each of that Round’s scheduled games, with the exception of Bonus Games. There
are no Auto-Picks assigned (i) in any Round in which Player has
submitted some entry; or (ii) for
Bonus Games. There are no Bonus
Points awarded for Auto-Pick games. Player will be assigned an Auto-Pick selection for a maximum
of three (3) Un-Played Rounds during the Game and will neither be assigned an Auto-Pick selection nor receive any points for any fourth or subsequent Un-Played Round
during the Game.
Players may submit only one (1) entry for each Round.
Additional entries from
any individual, using different e-mail addresses or any other system of
multiple entries, will be disqualified. Lost, late, illegible, incomplete or
misdirected entries are not eligible.
Determining Winners: Round Winners are those Players with
the highest descending number of overall points in the particular Round. Grand Prize Winners are those Players
with the highest descending number of overall points for the entire Game. Round Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of any Round,
the Winner will be that Player whose Predicted Score
for the Bonus Game is closest to the Actual Score of the Bonus Game; and (b) If
Players remain tied after the Predicted Score tie-breaking procedure (as would be
the case with identical entries), the Winner will be that Player demonstrating
superior knowledge and confidence by submitting his/her
entry at the earliest time, based on
the actual documented time of Player’s entry as reflected in the Athlon e-mail
server. If a Player does not submit a valid entry for a particular
Round, the Player will not be eligible to win prizes for that Round,
regardless of whether the Player was assigned an Auto-Pick Team. Grand Prize Tie-Breaking
Procedure: (a) In the event of a
tie between Players at the end of the Game, the Grand Prize Winner will be that
Player whose Predicted Scores for each Bonus Game
is closest to the Actual Scores of each Bonus Game for the greatest number of
Bonus Games for all Rounds; and (b) If Players remain tied after the Predicted
Score tie-breaking
procedure (as would be the case with identical entries), the Grand Prize Winner
will be that Player demonstrating superior knowledge and confidence by
submitting his/her entry at the earliest time, as between the tied Players and based on the actual
documented time of Player’s entry as reflected in the Athlon e-mail server. Athlon
reserves the right to award equal prizes to any tied Players as long as the sum
total of all prizes awarded is equal to the approximate retail value (“ARV”) of the prize designated for that
prize.
PRIZE SCHEDULE
GRAND
PRIZES PRIZE
DESCRIPTION ARV
|
|
A Grand Prize package, including two (2) Tickets to see Jason Aldean in concert (location and
date TBA) and two (2) passes to Jason’s Meet n’ Greet; a 42” JVC high def TV
(item #42J300); a JVC Blu-ray Player (item #XV-BP); and a JVC high def Everio
Camera. |
$2,250.00 |
|
|
JVC high def Everio Camera |
$700.00 |
|
|
JVC Micro System with iPod dock (item # UX-LP5) |
$150.00 |
ROUND
PRIZES (ROUNDS 1-14)
|
|
Two (2) Tickets to see Jason
Aldean in concert (location and date TBA) |
$150.00 |
|
|
JVC
BI-METAL in-ear headphones (item #HAFX300) |
$100.00 |
|
|
An
autographed copy of Jason Aldean’s newest album |
$50.00 |
|
|
JVC Gumy
Headphones |
$10.00 |
|
|
JVC Gumy
Headphones |
$10.00 |
|
|
JVC Gumy
Headphones |
$10.00 |
5. ABILITY TO WIN: The Game is a game of skill. Each Player’s
ability to win depends solely on (1)
his/her knowledge of the game of football and college football history; (2) his/her knowledge of the strengths
and weaknesses and both historical and recent performance of competing
collegefootball players and teams; (3)
his/her skill and ability to apply his/her knowledge of the above in accurately
identifying which college football teams
will win when placed in specific competition with other college football teams
during a particular time in the college football season; (4) his/her skill in assessing an individual football player’s
effectiveness in a specific game and statistically analyze and predict with
accuracy the total number of combined yards, passes and touchdowns likely to be
earned by football players in any given game; (5) his/her skill in assessing an individual football team’s
effectiveness in a specific game and statistically analyze and predict with
some accuracy the total number of combined yards, passes and touchdowns likely
to be earned by all football players on a team in a specific game against
another team; and, (6) the number of
eligible Players competing in the Game.
6. PRIZE
AWARDING: Upon confirmation of
eligibility and execution of requested eligibility and release documents,
Winners will be awarded the prizes described in paragraph 4 above. All prizes
will be awarded, but only to Players in a particular prize category. Prizes may
not be combined with any other offer.
Winners will be responsible for any and all federal, state, and local
taxes incurred in winning and accepting any prizes and all other expenses
incurred in winning and accepting the prizes.
Dollar amounts are expressed in
7. TERMINATION OR
DISQUALIFICATION: To cancel any Player’s participation in the
Game, Player must send an email to expertsclub@athlonsports.com
requesting that his/her
registration be terminated (“Notice of Termination”).
Player’s registration will be deemed terminated as of the date and time of
Athlon’s receipt of the Notice of
Termination as reflected by Athlon’s
e-mail server (“Termination”).
Upon Termination, Player may not participate in the Game and any points accrued
by Player will be forfeited. The use of robotic, automatic, macro,
programmed or like methods (including without limitation the use of any
promotion/game subscription, notification, entry or like sites or service that
offers Game entry services "on behalf of" Player) is strictly
prohibited. Neither Athlon nor the
Sponsors are responsible for lost, interrupted or unavailable network server or
other connections, miscommunications, failed telephone or computer or telephone
transmissions or technical failure, jumbled, scrambled or misdirected
transmissions, other error of any kind whether human, mechanical or electronic
problems or technical malfunction of any telephone network or lines, computer
systems, servers, access providers, equipment, or software, failure of any
e-mail or entry to be received for any reason, traffic congestion on the
internet or at any website, or any other technical problems related to website
entries or any combination of the foregoing, including any injury or damage to
a Player's or any other person's computer. Persons found tampering with,
hacking, illegally registering for or abusing any aspect of the Game will be
immediately disqualified, in Athlon’s sole discretion. If disqualified for any
of the above abuses, Athlon will immediately terminate that Player’s
participation in the Game and future contests by Athlon and Player will be
ineligible to win or collect any prizes and must return any previously received
prizes awarded in connection with the Game upon Athlon’s or the Sponsors’ request. Players further
acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall
in no way prevent Athlon from pursuing any remedies legally available in
connection with such conduct. Any violation set out in this paragraph or other
attempt to damage any website of Athlon and/or Sponsors, or tamper with or
undermine the legitimate operation of the Game, is a violation of these
Official Rules, as well as any and all applicable criminal and civil laws. Athlon reserves the right to seek remedies
and damages from any Players or individuals acting in concert with any Player
to the fullest extent permitted by law.
In the event any portion of this Game is compromised by any virus, bugs,
non-authorized human intervention or other causes beyond the control of Athlon,
which, in the sole opinion of Athlon, corrupts or impairs the administration,
security, fairness or proper play of the Game, Athlon reserves the right to
modify, suspend or terminate the Game and shall thereafter have no
responsibility to reinstate the Game or award any prizes.
8. LIMITATION OF LIABILITY: By registering for and participating in the
Game, Players agree: (a) to comply with the Official Rules and the decisions of
Athlon and the judges, which shall be binding and final in all respects; (b) to
comply with Athlon’s privacy policy and terms and conditions; (b) to release
Sponsors and Athlon from all liability, loss or damage arising out of any
participation in the Game or in connection with the awarding, receipt,
possession, use and/or misuse of any prize; (c) to be contacted by Athlon by
mail, telephone and/or email; and (d) that he/she acknowledges that neither
Athlon nor Sponsors make any warranty, representation, or guarantee, expressed
or implied, in fact or in law, relative to any prize, and disclaim all
liability for the provision, quality or nature of any third-party products or
services provided to Winners. By registering for and participating in the Game,
Players and/or Winners release Athlon and Sponsors, their respective officers,
directors, employees, affiliates, subsidiaries, advertising, promotion,
fulfillment, marketing agencies, public relation firms, consultants or
contractors from any and all liability, claims or actions of any kind
whatsoever for injuries, damages or losses to persons (including death) and
property that may be sustained in connection with participation in the Game and
the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a
prize, or while preparing for, participating in, and/or traveling to any
prize-related activity. In no event will
Athlon, Sponsors, or their respective officers,
directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing
agencies, public relation firms, consultants or contractors be responsible or liable for any damages or losses of any
kind, including without limitation indirect, incidental, consequential or
punitive damages, arising out of any participation in the game or acceptance,
possession, use or misuse of any prize awarded in connection with this game,
including without limitation, personal injury, death and/or property damage, as
well as any claims based on publicity rights, violations of protected speech
rights or invasion of privacy.
9. PLAYER, GAME
AND SITE INFORMATION AND CONTENT:
Any information provided to Athlon and Sponsors by a Player, including
Players’ names, addresses, telephone numbers and e-mail addresses will be used to administer the Game, communicate
with Players in relation to the Game, for purposes of fulfilling any applicable
prizes, providing necessary notice, or in connection with other appropriate
purposes. Limited to the purposes outlined herein, Athlon will collect, use,
and protect personal data in accordance with Athlon’s privacy policy, available
for review on the Game Site. Any personal information provided by a Player for
the benefit of other Players,
including Player’s names, addresses, telephone numbers and e-mail addresses
will be disclosed at the Player’s own risk and neither Athlon nor Sponsors
shall have any liability in connection therewith. All data is proprietary to Sponsors
and/or Athlon and will not be provided to unrelated third parties or returned
to Player. Players are strongly cautioned to exercise
judgment and safety in the disclosure of personal information, understanding
that no on-line site or activity is completely impervious to outside
intervention or activity regardless of the level of security employed by Athlon
or Sponsors and that such information may be accessible to third parties. No
Player will engage in the posting or blogging of false, harmful, offensive,
violent, obscene, hurtful or potentially damaging language of any kind or at
any time, understanding that such language may violate public, private,
federal, state or local rights or laws governing speech, activity disguised as
speech and/or any related public or personal interest, including each Player’s
right to play the Game without harassment or disregard for the rights and
values embodied in the Communications Decency Act and both common law and
federally and state-enacted legislation against violations of the Lanham Act,
slander, libel, defamation, hate speech, and gross and intentional disregard
for the feelings of others or oneself (“Protected
Speech Rights”). No Player may attempt to attach any link, ancillary portal
or sub-site or upload or otherwise display any content on the Site or within
the Game without the express written permission of Athlon and Sponsors, which
may be withheld for any reason. Neither Athlon nor the Sponsors are affiliated
with, endorsed by, or licensed by, any of the athletes or their sponsors,
groups, leagues, educational institutions, or professional organizations
identified in connection with the Game and none are a sponsor of or associated
with the Game in any way. Athlete, Group, league, educational institution,
professional organization and other associated names and/or designations,
including any embedded or associated trademarks, logos and images (“Third Party Materials”) found on the
Site are the trademarks, brands or other protected content of their respective
owners and are used for acceptable, valid, and appropriate factual,
descriptive, identification and non-trademark purposes only and Athlon and
Sponsors are not owners of nor have any interest in the Third Party Materials,
including as a licensee. The Site is intended for informational and
entertainment use only. Any and all software, platforms, page or menu
organization, components, content, play mechanisms, proprietary functionality,
graphic or text materials, trademarks, service marks, brands, logos, slogans,
names, music, photos, videos, sounds or any other materials in or on the Game
or the Site that are not Third
Party Materials or owned by Sponsors (“Protected
Materials”), including all acquired goodwill and market recognition
associated with the Protected Materials are the exclusive, valuable
intellectual property of Athlon, subject to copyright, trademark or other
statutory protection, and may not be copied, used, distributed, adopted,
merged, or appropriated for any purpose without the prior express written
permission of Athlon. Any and all graphic or text materials, trademarks,
service marks, brands, logos, slogans, names, or any other materials in or on
the Game or the Site that are owned by Sponsors (“Sponsor Materials”), including all acquired goodwill and market
recognition associated with the Sponsor Materials are the exclusive, valuable
intellectual property of the Sponsors, subject to copyright, trademark or other
statutory protection, and may not be copied, used, distributed, adopted,
merged, or appropriated for any purpose without the prior express written
permission of Sponsors.
10. GENERAL
INFORMATION: Athlon reserves the right as conditions require during the
normal and routine play of the Game, in any and all circumstances in which new
and unanticipated situations arise; and/or in the event that the Game is
unavoidably interrupted, suspended or affected to (a) modify the Official Rules for the purposes of clarifying how
the Game is played, how the Game is scored, who is eligible to play, how
Winners are determined, how tie-breaking procedures are applied, how
unanticipated ties are resolved, what prizes will be awarded, and the
interpretation of any other material provision; (b) conform all facets of the Game consistent with such
modification(s); (c) conduct Game procedure in conformance with any such
modifications; and (c) implement new
Game procedures as required by such modifications. Any modifications to the Official Rules will
be reasonable, consistent with the principles of applicable law and the stated
objectives of the Game, and made with the intention of not materially affecting
the terms and conditions of the Game, disqualifying otherwise eligible Players,
and preventing the accurate distribution of all identified prizes. In the event
of inadvertent computer or operator error, the illegal or inappropriate
activity of any Player, any application or rule of law, the unanticipated
application, failure or effect of Game mechanisms of play or individual
elements of such mechanisms, the failure or unintentionally incorrect
application of mechanical or technical components, software or hardware, or
reasonably unavoidable or force majeure events affecting the teams, players,
games or events upon which the Game is based, schedule(s) of registration,
Player entry, Round or entry deadlines, the determination or notification of
Winners, the application of tie-breaking procedures, the awarding of prizes, or
any other material feature of the Game, Athlon reserves the right to modify,
revise, increase, extend, shorten, decrease, compress, nullify or
utilize-in-part, the stated length, size, number, timing, commencement or termination
of any Round, Period, whether Entry, Promotion, Registration or Game,
Tournament, Series, Field, Schedule, Team, Group, League or other designation
of organization of time or participants, and/or, in its sole discretion, to
implement substitute Rounds, Periods, Tournaments, Series, Fields, Schedules,
Teams, Groups, or Leagues, or portions
thereof, to eliminate or add additional Rounds, teams, athletes, questions,
challenges or other Game elements solely for purposes of continuing an active
Game, conducting the Game in a fair and reasonable manner, determining Winners
on a fair and equal basis and refraining from unfairly disqualifying otherwise
eligible Players from playing or winning prizes. All applicable federal, state
and local laws and regulations apply. Any and all disputes in connection with the Game
will be resolved exclusively in the appropriate courts in
Produced and
Administered By: Athlon Sports Communications,
Inc.,