Athlon Sports Pro Football Pick ‘Em Game Presented by Mr. & Mrs. T
2008 OFFICIAL GAME RULES
1. NO
PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN: This Game ("Game") begins at
12:00:01 AM Eastern Time on August 11th, 2008 and continues through 17 additional rounds of play
(“Rounds”), ending at 11:59:59 PM Eastern Time on
December 28th, 2008 (“Game Period”). THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION
and is intended solely for entertainment purposes. From all eligible entries
received, Winners will be determined based on their ability to use their skill
and knowledge of professional football players and teams to accumulate
the most points in the Game during the 2008/2009 football season.
2. ELIGIBILITY: The Game is open to legal residents of one of
the 50 United States or the District of Columbia (excluding Guam, Puerto Rico,
other U.S. and foreign territories and possessions outside the 50 states and
where otherwise void, prohibited or restricted by law) ("Eligibility
Area") who are 21 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. Only eligible
individuals may enter (“Player[s]”). One entry per Player.
Additional entries from any individual using different e-mail addresses will be
disqualified. 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”) and Mr. & Mrs. T (“Sponsor”), and
their affiliates, subsidiaries, franchisees, dealers, advertising and
promotional agencies, officers, directors, employees, and agents, their immediate
families (defined as spouse, child, sibling, parent or grandparent), and those
living in their same households are ineligible to play the Game or win or
collect prizes. Participation by any Player constitutes his/her acceptance and
agreement to these Official Rules and to the decisions of Sponsor and Athlon,
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 ENTER: Beginning 12:00:01
AM Eastern Time on September 7, 2008 and throughout the Game Period,
Players will log on to www.tailgate.athlonsports.com (“Site”) and follow
the instructions to complete the entry form, including Player’s name, e-mail
address, physical address, and telephone number. Each Player will create a user
name and password for subsequent visits to the Site and may be asked to answer survey
questions or 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. Following registration, Players will, by following
the instructions, try to select the winning teams of each football game
of each Round, predict the actual score
of the “Bonus” Game ("entry" or "entries"), and submit
his/her entry. Players must submit their entries electronically no later than
fifteen (15) minutes prior to the official NFL scheduled start time (Eastern
Time Zone) of each game of each Round (“Entry Deadline”). Late entries will be
disqualified. In order for any entry to be valid, Players must indicate their
acceptance of the Official Rules. Player data will be used to administer the
Game, contact Players and Winners. Players may receive Game-related e-mails,
which each Player may opt out of at any time. All data is proprietary to Athlon
and Sponsor and will not be used for third party solicitations. Lost, late,
illegible, incomplete or misdirected entries are not eligible. Neither Athlon
Sports nor Sponsor are responsible for any 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. In the case of multiple entries, the Player’s last entry received
will be deemed the Player’s official entry for purposes of winning prizes.
4. HOW TO PLAY and ACCRUE POINTS: During each Round of the Game, Players will go to the appropriate page on the Site
listing that Round’s group of football games, including a Bonus game, and must
predict the winning team of each game. Players receive 100 points for each team
that they correctly predict as the winner of each game (“Winning
Team”). Players can also earn Bonus Points each Round by predicting the
actual score of the Bonus game. If a Player predicts the correct Winning Team
of the Bonus Game, the Player receives Bonus Points equal to 100 points less
the Point Difference (the number of points between the Player’s
predicted score for both the winning and losing teams of the Bonus Game and the
actual score for both the winning and losing teams of the Bonus Game). Round
Winners are those Players with the highest descending number of overall points
in the particular Round. The Grand Prize Winner is that Player with the highest
number of overall points for the entire Game. In the case of a tie between
potential Round Winners or Grand Prize Winners, the Winner will be that Player
submitting the winning entry at the earliest time, based on the actual
documented time of the e-mail transmission. If a Player who has previously
participated in a Round or Rounds fails to make picks by the Round Entry
Deadline, that Player will be assigned an “automatic prediction” for that Round
identifying the visiting team as the winning team for each of that
Round’s scheduled games with the exception of Bonus Games. Players will be
assigned and receive points for an “automatic prediction” for a maximum of
three (3) Rounds. Players may cancel their participation in the Game by
sending an email to expertsclub@athlonsports.com,
requesting that he/she be removed and all of Player’s points will be forfeited.
5. ODDS OF WINNING: This Game is a game of skill and a Player’s
chances of winning depends on his/her skill and ability to pick winning teams
and accrue more points than other Players in the Game and his/her
ability to accurately predict final scores. The odds of winning any prize
depends upon the Player’s selections and the total number of Players and
eligible entries received.
6. PRIZES and PRIZE AWARDING: All prizes will be awarded. The following
prize schedule will be used for the Game:
Grand
Prize:
“Ultimate
Tailgate Package”
FREEDOM
GRILL FG-100 “The Official Grill of Tailgating” (ARV: $899.00)
Eclipse
In-Dash Navigation Unit (ARV: $1200.00)
FIREBRAND
Grilling Sauce Giftpack (ARV: $39.99)
Spalding
NEVER FLAT™ Football (ARV: $24.99)
Athlon
Sports Magazine Gift Certificate (ARV: $9.00)
Grand
Prize 1st Runner Up:
Eclipse
car CD Receiver with USB Multi-Source tuner and Bluetooth® Wireless Technology
(ARV: $270.00)
FIREBRAND
Grilling Sauce Giftpack (ARV: $39.99)
Spalding
NEVER FLAT™ Football (ARV: $24.99)
Athlon
Sports Magazine Gift Certificate (ARV: $9.00)
Grand
Prize 2nd Runner Up:
Eclipse
car CD Receiver with USB Multi-Source tuner and Bluetooth® Wireless Technology
(ARV: $300.00)
Grand
Prize 3rd Runner Up:
Eclipse
car CD Receiver with USB Multi-Source tuner and Bluetooth® Wireless Technology
(ARV: $300.00)
Grand
Prize 4th Runner Up:
Eclipse
car CD Receiver with USB Multi-Source tuner and Bluetooth® Wireless Technology
(ARV: $300.00)
Round
Prizes:
1st
place – Freedom Grill (FG-50) (ARV: $349.00)
2nd
place – Spalding NEVER FLAT™ Football (ARV: $24.99)
3rd
place – Spalding NEVER FLAT™ Football (ARV: $24.99)
4th
place – Spalding NEVER FLAT™ Football (ARV: $24.99)
5th
place – Athlon Sports Magazine Gift Certificate (ARV: $9.00)
6th
place – Athlon Sports Magazine Gift Certificate (ARV: $9.00)
7th
place – Athlon Sports Magazine Gift Certificate (ARV: $9.00)
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 (including any taxes) and all other expenses incurred in winning and
accepting prizes. Dollar amounts are
expressed in U.S. currency. Winners may receive an IRS 1099 form reporting the
value of their prize. By accepting a prize, Winners waive the right to claim
reimbursement for or assert as a cost of the prize, any and all costs of
redemption or travel to redeem a prize and any and all liability arising from
redeeming or seeking a prize. The ARV of
the prizes represent Athlon’s and Sponsor’s
good-faith determination of the retail value thereof. Winners will be initially identified, subject
to eligibility, on or about 14 business days following the end of Round, in the
case of Round Prizes, or the Game Period, in the case of the Grand Prize
(“Effective Date”) by Athlon and Sponsor, the judges of the Game whose
decisions are final and binding. Winners will be notified by overnight mail
and/or email, at Athlon’s discretion, on or about 21
business days following the Effective Date (“Notification”). The complete
identification of all Winners shall be posted on the “WINNERS” page of the Site
and available for viewing no later than the Effective Date or by sending
written request in a stamped, self-addressed envelope for receipt no later than
the Effective Date to: Athlon Sports
Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203.
Winners must provide positive identification in such form as is specified by
Athlon to claim a prize. Return of Notification as undeliverable will result in
disqualification and selection of an alternate Winner. Prizes will be awarded
only upon Winner validation and verification of eligibility by Athlon. All prizes must be redeemed by Winners no
later than 15 days following Athlon’s confirmation of
Notification. In the event of a dispute as to the identity of a Winner,
the individual who was, at the time of entry, at Sponsor’s sole discretion, the
registered holder of the e-mail account used to enter the Game, will be deemed
the eligible Player. It is the sole responsibility
of Player to notify Athlon during the Game Period if his/her email address
changes. No
transfer or assignment of any prize is permitted. Only one (1) prize per household or family
will be awarded. No substitution of any prize will be permitted, except that
Sponsor reserves the right, at its sole discretion, to substitute any prize
with either the cash value of the applicable prize that would otherwise have
been awarded, or a prize or prizes of equal or greater value, in the event that
such prize is unavailable. No transfer
or assignment of any prize is permitted.
If the initially selected Winner cannot be contacted, is ineligible,
fails to claim a prize, or if the prize is returned as undeliverable, the prize
will be forfeited and an alternate Winner will be selected. Acceptance of a prize constitutes permission
for Athlon and its respective designees to use of Winner’s name, likeness,
statements, voice, opinions, biographical information and state of residence
for promotional purposes in any media without notice, further payment,
consideration, credit, or right of approval or review (except void where
prohibited by law). Winners will be
required to sign an affidavit of eligibility and liability release within five
(5) days of Athlon’s request (except void where
prohibited by law).
7. DISQUALIFICATION: 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. Athlon is not
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, or other error of any kind whether human, mechanical or
electronic. Persons found tampering with
or abusing any aspect of the Game, as solely determined by Athlon, will be
disqualified. If disqualified for any of
the above abuses, Athlon reserves the right to terminate such person's
eligibility to participate in the Game and future games sponsored by Athlon.
Players further acknowledge that the forfeiture of prize(s) and/or return of
any prize(s) shall in no way prevent Athlon from pursuing other avenues of
recourse such as criminal or civil proceedings in connection with such conduct.
Any attempt to damage any website of Athlon, or tamper with or undermine the
legitimate operation of the Game, is a violation of these Official Rules as
well as criminal and civil laws. Athlon
reserves the right to seek remedies and damages from any responsible individual
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.
In no event will more prizes be awarded than those listed above in
paragraph 6.
8. LIMITATION OF LIABILITY: By registering for and participating in the
Game, Players agree (a) to these Official Rules, and the decisions of Athlon
and Sponsor, which shall be binding and final in all respects, Athlon’s privacy policy and terms and conditions; (b) to
release Athlon and Sponsor from all liability, loss or damage arising out of
participation in the Game and with respect to 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) acknowledge that Athlon does not 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, the Winners release Athlon
and Sponsor, 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 the
receipt, ownership, possession, acceptance, enjoyment, use or misuse of a
prize, or arising out of participation in the Game, or while preparing for,
participating in, and/or traveling to any prize-related activity. IN NO EVENT WILL Athlon OR SPONSOR 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 THE GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH
AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR
INVASION OF PRIVACY.
9. COMMUNICATIONS: Any information that Players provide to
Athlon Sports and Sponsor will be used to communicate with the Player in
relation to the Game. Athlon may also share this information with third parties
who are participating in the Game.
Athlon will collect and use personal data in accordance with its privacy
policy available for review at www.athlonsports.com/pages/PrivacyPolicy.htm.
10. GENERAL
INFORMATION: Sponsor and Athlon reserves the right to modify the Official
Rules for the purposes of clarifying and effectuating how the Game should be
played, how the Game will be scored, how Winners are determined, including in
the event of unanticipated events leading to unexpected tied Players, and what
prizes will be awarded. Any changes to
the Official Rules will be reasonably made with the intention of not materially
affecting the terms and conditions of the Game. In the event of inadvertent
computer or operator error or force majeure events affecting the schedule(s) of
entry deadlines or other stated times, deadlines or events necessary for
determining Winners, Athlon reserves the right to nullify or modify any times,
dates or schedules in its sole discretion to implement substitute times, dates
or schedules or portions thereof, solely for purposes of determining winning
Players on an equal basis and without unfairly disqualifying otherwise eligible
Players from winning prizes. Athlon is not affiliated with, endorsed by, or
licensed by, any of the football players, teams, leagues, or their sponsors or
players identified in connection with the Game, and none are
a sponsor of or associated with the Game in any way. Player, team, league and
other associated names are the trademarks of their respective owners and are
used for factual, descriptive purposes only. All trademarks, logos and images
pertaining to any of the above (“Third Party Marks”) contained within the Site
are the property of their respective owners. The Site is intended for
informational and entertainment use only. 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 Nashville,
Tennessee. Should there be a conflict
between the laws of the State of Tennessee and any other laws, the conflict
will be resolved in favor of the laws of the State of Tennessee. Each Player waives any and all objections to
jurisdiction and venue and hereby submits to the jurisdiction of those courts.
Any and all lawsuits or other disputes that arise relating to the Game must be
filed within one (1) year of the last day of the Game Period. The failure of
Athlon to exercise or enforce any right or provision of the Official Rules
shall not constitute a waiver of such right or provision. If any part of the Official Rules is held by
a court of competent jurisdiction to be invalid or unenforceable, that part
will be enforced to the maximum extent permitted by law, and the remainder of
the Official Rules will remain fully in force.
Sponsored By: Mr.
& Mrs. T
Produced By:
Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville,
Tennessee 37203. The Game and all
accompanying materials are © 2008 Athlon Sports Communications, Inc. All rights
reserved.
