Athlon Sports Pro Football Experts Club

2011 OFFICIAL GAME RULES

 
NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE. INTERNET ACCESS REQUIRED. VIOD WHERE PROHIBITED.
 
1.         GAME:  This pro football experts club game (the "Game") begins at 12:00:01 AM Eastern Time on July 26, 2011 and continues through the end of the “viewing periodâ€? of posted Winners (as defined and described in paragraph 6 below), which period shall end at 11:59 PM Eastern Time on January 22, 2012 (the “Promotion Periodâ€?). THIS GAME IS DEVISED AS A SKILL AND KNOWLEDGE-BASED NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes.  From all eligible and valid entries received in connection with the Game, eighteen (18) Winners will be determined, as set out in paragraph 4 below, based on the Game participant’s ability to apply his/her skill and knowledge concerning the game of football, professional football players and professional football teams to select winning teams and predict scores during the 2011 professional football season. Participation in the Game is described, regulated and clarified by, and wholly subject to, the provisions of these official rules (“Official Rulesâ€?).
 
            2.         ELIGIBILITY:  The Game is open only to individuals who, as of the beginning of the Registration Period (as defined below), are (a) 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"), (b) are eighteen (18) years of age or older at the time of Registration (as defined in paragraph 3 below), and (c) have the capacity to enter into valid contracts in his/her 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. (“Sponsorâ€? or “Athlonâ€?), and its affiliates, subsidiaries, franchisees, advertising and promotional agencies, and their respective officers, directors, employees, and agents, the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “stepâ€? 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 set forth in these Official Rules, who validly and properly register for the Game as set out in paragraph 3 below, may participate in the Game or win a prize (“Playersâ€?). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player’s Registration or participation in the Game constitutes and is deemed such Player’s full and unconditional agreement to the Official Rules and any and all decisions of Sponsor 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:  At any time between 12:00:01 AM Eastern Time on August 5, 2011 and the Round Entry Deadline (as defined below) on January 1, 2012 (the “Registration Periodâ€?), each Player must visit athlonsports.com/propicks (the “Siteâ€?), and follow the registration instructions to register for the Game and acquire access to the Game portion of the Site (“Registrationâ€?). In connection with such Registration, each Player will select a unique user name and password, which shall be used by each Player in connection with Player’s Game play. Player may also be required to complete a short survey by providing the information requested and indicate his/her acceptance of these Official Rules and provide the information requested in the official entry form, which includes Player’s name, e-mail address, physical address, telephone number and certain other information requested by Sponsor. Player may be asked to consent to receive promotional e-mails from Sponsor, its affiliates and/or authorized agents.  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. Limit one (1) Registration per person or email address. Any participant who attempts to register or otherwise participate with multiple e-mail and/or street addresses, under multiple identities or uses any device or artifice to enter multiple times in violation of applicable entry limitations may be disqualified by Sponsor in its sole discretion.
 
         4.       HOW TO PLAY/ACCRUE POINTS & WIN PRIZES:  The Game will consist of seventeen (17) rounds of play (“Roundsâ€?) in which Players will have the opportunity to predict winning teams and scores from a list of professional football games that are provided for each Round. To play the Game, at any time prior to the expiration of the Round Entry Deadline (as defined below), Player will log-in to the Site and fully complete one (1) entry for such Round (“Round Entryâ€?) by (i) selecting the team that Player thinks will win each football game matchup listed (each, a “Predicted Teamâ€?), and (ii) predicting the actual combined final point score total (the “Predicted Scoreâ€?) for the football game designated for such purpose (the “Bonus Gameâ€?); provided, however, that Players submitting Round Entries after the commencement of any Round will only have the opportunity to select Predicted Teams and/or the Predicted Score for the listed football games that remain completely “un-playedâ€? as of the time of such Player’s submission of his/her Round Entry (“Eligible Game[s]â€?). Round Entries must be submitted electronically no later than thirty (30) minutes prior to the final official scheduled “startâ€? or “kick-offâ€? time for the Eligible Game(s) that are scheduled last-in-time for the applicable Round (the “Round Entry Deadlineâ€?). The clock on Athlon’s database server shall be the official timekeeper for this Game. In connection with a Round Entry, Player will receive one hundred (100) points for each Predicted Team designated in Player’s Round Entry that matches an actual winning team from the Eligible Games (a “Winning Teamâ€?), and, in the event that Player selected the correct Winning Team for the Bonus Game, Player will receive additional bonus points in an amount equal to one hundred (100) less the “Point Difference.â€? For purposes of these Official Rules, the “Point Differenceâ€? is defined as the numerical difference between Player’s Predicted Score and the actual combined final point total for the applicable Bonus Game (the “Actual Scoreâ€?). In the event that any Player that has previously participated in any Round or Rounds submits his/her Round Entry after the commencement of a Round, or otherwise fails to submit a Round Entry before the expiration of a Round Entry Deadline, such Player will be assigned “automatic predictionsâ€? (“Auto-Picksâ€?) for the applicable Round’s listed football games for which Player is unable to submit his/her predictions. For purposes of the Game, each Auto-Pick will select the visiting team as the Predicted Team for the applicable scheduled games, with the exception of Bonus Games. There are no Auto-Picks for Bonus Games or Bonus Points awarded for Auto-Pick games. Each Player will be assigned Auto-Picks for a maximum of three (3) Rounds during the Game. For purposes of the Game, Player’s cumulative number of points awarded during each Round shall be deemed such Player’s “Total Round Score,â€? and the cumulative sum of all of a Player’s Total Round Scores shall be deemed such Player’s “Total Game Score.â€?  Players may submit only one (1) Round Entry for each Round. Additional Round 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 Round Entries are not eligible.
 
Determining Winners: The Game will have one (1) winner per Round, and one (1) overall Grand Prize winner (each, a “Winner�). Subject to these Official Rules, the individual Player with the highest Total Round Score in a Round will be the First Place Round Winner for the applicable Round (a “First Place Round Winner�). Subject to these Official Rules, the individual Player with the highest Total Game Score upon the conclusion of the Game, as set forth in these Official Rules, will be the Grand Prize Winner (the “Grand Prize Winner�). Round Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of any Round, the Round Winner will be that Player whose Predicted Score for such Round is closest to the applicable Actual Score; and (b) If such Players remain tied after the Predicted Score tie-breaking procedure (as would be the case with identical entries), the Round Winner will be that Player demonstrating superior knowledge and confidence by submitting his/her Round Entry at the earliest time, based on the actual documented time of Player’s Round Entry as reflected in the Athlon database server. Any Player who does not submit a Round Entry for a particular Round will not be eligible to win prizes for that Round, regardless of whether Player was assigned any Auto-Picks. Grand Prize Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of the Game, the applicable Grand Prize Winner between such tied Players will be that Player whose Predicted Scores for each Bonus Game is closest to the Actual Scores of such Bonus Game for the greatest number of Bonus Games (based on all Rounds); and (b) If such Players remain tied after the Predicted Score tie-breaking procedure (as would be the case with identical entries), the applicable Grand Prize Winner will be that Player demonstrating superior knowledge and confidence by submitting his/her Round Entries 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 database server, for the greatest number of Rounds. Sponsor 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.
 
GRAND PRIZE
 

1st Place

Suzuki KingQuad 500 Power Steering ATV

$8199.00

 
1^ST PLACE ROUND PRIZES
           
ROUND NUMBER                         PRIZE DESCRIPTION                       ARV

Rounds 1 - 17

JVC Portable Kaboom Boombox with iPod/iPhone Dock – the Ultimate Tailgate Machine model

$299.95

 
Names of manufacturers are used for purposes of prize description only and such use is not intended to suggest or imply the manufacturer’s sponsorship, endorsement, or the approval of this Game.
 
            5.         ABILITY TO WIN; ODDS:  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 professional football history; (2) his/her knowledge of the strengths and weaknesses and both historical and recent performance of competing professional football players and teams; (3) his/her skill and ability to apply his/her knowledge of the above in accurately identifying which professional football teams will win when placed in specific competition with other professional football teams during a particular time in the professional 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.  The odds of winning any prize depends upon a Player’s selections, and the total number of participating Players and number of valid and eligible entries received.
 
6.         PRIZE AWARDING:  Upon confirmation of eligibility and execution of requested eligibility and release documents, where legal, Winners will be awarded the prizes described in paragraph 4 above. All prizes will be awarded, if claimed. 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 U.S. currency. Winners may receive an IRS 1099 form reporting the value of their prize. All gift certificates and/or gift cards awarded pursuant to this Game shall be subject to the terms and conditions of the applicable certificates and cards, and the laws and regulations of the Winner’s jurisdiction of residence. By accepting a prize, Winners waive the right to assert as a cost of winning their prize, any and all costs of redemption or travel to redeem the prize. It is the responsibility of Winner to make all necessary arrangements to redeem the prize, including any costs of travel, unless Sponsor otherwise agrees to deliver prize to Winner following identification of Winner and confirmation of eligibility. Any stated ARVs of prizes represent Sponsor’s good-faith determination of the retail value of the prize.  All Winners will be initially identified, subject to eligibility, no later than on or about seven (7) business days following the date of the last game of the last Round (“Effective Dateâ€?), by Sponsor or its agent, the judge of the Game, whose decisions are final and binding. Winners will be notified by overnight mail and/or email, at Sponsor’s discretion, on or about fourteen (14) business days following the Effective Date (“Notificationâ€?). Sponsor is not responsible for any change in an participant’s mailing address, email address and/or telephone number The complete identification of all Winners will be posted on the “STANDINGSâ€? page contained on the Site and will be available for viewing on or about the Effective Date or may be viewed by emailing expertsclub@athlonsports.com. Such names may also be acquired by sending a written request in a stamped, self-addressed envelope to:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Suite 200, Nashville, Tennessee 37203 (residents of Vermont may omit postage). Winners must provide positive identification in such form as is specified by Sponsor to claim a prize. Return of any Notification as undeliverable will result in disqualification of Player and selection of an alternate Winner, in Sponsor’s sole discretion. Winning and claiming a prize in contingent upon Winner’s provision of all information requested by Sponsor, in the Notification or otherwise, subject to applicable law, and upon Winner eligibility, validation and verification, as determined by Sponsor.  All prizes must be redeemed by each Winner no later than thirty (30) days following Sponsor’s confirmation of Notification. In the event of a dispute as to the identity of a Player or Winner, the individual who was, at the time of Registration, as determined by Sponsor, the documented registered holder of the email account used in connection with Registration for the Game will be deemed the eligible Player or Winner, as applicable. It is the sole responsibility of the Player to notify Sponsor during the Promotion Period if his/her email address or any other contact information changes. The sale, re-sale, auction, transfer or assignment of any autographed, branded or promotional merchandise or any prize intended to be personal to the recipient or the advertising of same in any way is strictly prohibited and any Player or Winner found to have engaged in such activity will be immediately disqualified and his/her prizes will be forfeited.  In no event will more prizes be awarded than those listed above in paragraph 4. Sponsor reserves the right to substitute any prize with either the cash value of such prize or a prize or prizes of equal or greater value, in the event any stated prize becomes unavailable.  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, in Sponsor’s sole discretion.  For purposes of this Game, the alternate winner, if necessary, will be the Player with the next highest score immediately following that of the disqualified Player, as determined by and set forth in these Official Rules. Acceptance of a prize constitutes permission for Sponsor and its 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 where void or prohibited by law).  Winners will be required to sign an affidavit of eligibility and liability release within five (5) days of Sponsor’s request (except where void or prohibited by law).
            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 Terminationâ€?). Player’s Registration will be deemed terminated as of the date and time of Sponsor’s receipt of the Notice of Termination as reflected by Sponsor’s e-mail server (“Terminationâ€?). 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.  Sponsor 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, 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 Sponsor’s sole discretion. If disqualified for any of the above abuses, Sponsor will immediately terminate that Player’s participation in the Game and future games or contests by Sponsor 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 Sponsor’s request. Players further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Sponsor 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 Sponsor, 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. Sponsor 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 Sponsor, which, in the sole opinion of Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Game, Sponsor reserves the right to modify, suspend or terminate the Game and the Game Winners will be determined from among all eligible Players and entries received, and based upon the applicable scores for such Players as of the date of the applicable action.
 
 8.        LIMITATION OF LIABILITY:  By registering for and participating in the Game, Players agree: (a) to comply with these Official Rules and the decisions of Sponsor and any third party judges, which shall be binding and final in all respects; (b) to comply with Sponsor’s privacy policy, available for review at www.athlonsports.com,  and terms and conditions of the Site; (c) to release Sponsor from all liability, loss or damage arising out of participation in the Game or in connection with the awarding, receipt, possession, use and/or misuse of any prize; (d) to be contacted by Sponsor by mail, telephone and/or email; and (d) that he/she acknowledges that Sponsor makes 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 Sponsor and its 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 SPONSOR OR ITS 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 OR INVASION OF PRIVACY.
 
9.         PLAYER, GAME AND SITE INFORMATION AND CONTENT:  Any information provided to Sponsor by a Player in connection with Registration or otherwise, including Players’ names, addresses, telephone numbers and e-mail addresses will be used to administer the Game, communicate with Players in connection with the Game, for purposes of fulfilling any applicable prizes, or providing necessary notice, or as otherwise contemplated by these Official Rules. Limited to the purposes outlined herein, Sponsor will collect, use, and protect personal data in accordance with Sponsor’s privacy policy, available for review at www.athlonsports.com. 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 Sponsor shall not have any liability in connection therewith. All data is proprietary to Sponsor 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 Sponsor and that such information may be accessible to third parties. No Player will transmit, post or blog false, harmful, offensive, violent, obscene, hurtful or potentially damaging content or 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 Rightsâ€?). 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 Sponsor, which may be withheld for any reason. Sponsor is not affiliated with, endorsed by, or licensed by, any of the athletes or their sponsors, groups, leagues, teams, educational institutions, or professional organizations identified in connection with the Game and none are sponsors of or associated with the Game in any way. All athletes, groups, leagues, teams, educational institutions, professional organizations and other associated names and/or designations, including any embedded or associated trademarks, logos and images (“Third Party Materialsâ€?) 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 Sponsor does not owner or 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 Sponsor (“Protected Materialsâ€?), including all acquired goodwill and market recognition associated with the Protected Materials are the exclusive, valuable intellectual property of Sponsor, 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 Sponsor.

            10.        GENERAL INFORMATION: Sponsor reserves the right to modify the Official Rules at any time for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, how tie-breaking procedures are applied, how unanticipated ties are resolved, 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, the illegal or inappropriate activity of any Player, the unanticipated application, failure or effect of Game mechanisms of play or individual components, software or hardware, or force majeure events affecting the schedule(s) of registration, Player entry, Rounds or entry deadlines, the determination or notification of Winners, the application of tie-breaking procedures, or the awarding of prizes, Sponsor reserves the right to modify, revise, add-to, nullify or utilize only in part the stated timing, commencement or termination of any round, period, series, field, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute rounds, periods, series, fields, entry or promotion periods or schedules, or portions thereof, solely for purposes of conducting the Game in a fair and reasonable manner and determining Winners on an equal basis and without unfairly disqualifying otherwise eligible Players from 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 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 Promotion Period. The failure of Sponsor 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.
 
11.        RULES AND WINNERS: To obtain a copy of the Official Rules or to obtain the names of the Winners, send a stamped self-addressed envelope to Athlon Sports Communications, Inc., 220 25^th Avenue North, Suite 200, Nashville, Tennessee 37203, Attn: Experts Club Administration. Vermont residents may omit return postage on the self-addressed envelope.
 
Sponsored and Administered By:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Suite 200, Nashville, Tennessee 37203. © 2010 Athlon Sports Communications, Inc. All rights reserved.