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 10th, 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 10th, 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, have the ability to enter into valid contracts in their personal jurisdiction of residence, and are trade partners of Tenco Services (“Sponsor”). 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 Sponsor` and each of 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 10th, 2009, and throughout
the Game Period, Players will log on to www.tenco.footballexpertsclub.com
(“Site”) and follow the instructions
for registration for access to the Site, which will include the selection of a
user name and password for logging on during subsequent visits to the Site. And
may include questions specific to Sponsor. 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, that Round’s
group of college football games will be listed on the appropriate page of the
Site. 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 complete the entry as to only
those yet “un-played” college football games (“Eligible Game[s]”) in the Round. Players will then 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 by the Round Entry Deadline, that Player will be assigned an “automatic
prediction” (“Auto-Pick”) for that
Round . Each Auto-Pick will select the visiting
team as the Winning Team for each of that Round’s 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 a maximum of three (3)
Auto-Picks 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. The Grand Prize Winner is that Player with
the highest 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 the submission of Player’s entry as reflected in
the Athlon database server. Any Player who does not submit an entry for
a particular Round will not be eligible to win prizes for that Round,
regardless of whether 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 the submission of Player’s entry as reflected in the Athlon
database 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
PRIZE PRIZE DESCRIPTION ARV
|
|
DICK BUTKUS AUTOGRAPHED FOOTBALL |
$279.00 |
ROUND
PRIZE
|
Rounds 1 - 14 |
Fleece Blanket |
$40.00 |
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 Sponsor
is 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 Sponsor’s 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 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.
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 Sponsor
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 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 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 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, 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 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 Sponsor 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 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 neither Athlon nor Sponsor shall have any liability in
connection therewith. All
data is proprietary to Sponsor 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 Sponsor 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 Sponsor, which may be withheld for any
reason. Neither Athlon nor Sponsor is 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 Sponsor 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 Sponsor (“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 Sponsor (“Sponsor Materials”), including all acquired goodwill and market
recognition associated with the Sponsor 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: Athlon 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, Round or
entry deadlines, the determination or notification of Winners, the application
of tie-breaking procedures, or the awarding of prizes, Athlon 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
Presented By: Tenco Services
Produced and
Administered By: Athlon Sports
Communications, Inc.,