Contest Rules

Athlon Sports Beat The Editors

2008 College Football ÒBeat the EditorsÓ Game

 

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 _____________, 2008 and ends at 11:59:59 PM Eastern Time on ______________, 2008 (ÒGame PeriodÓ). 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 college football players and teams to surpass the predictions of Athlon SportsÕ editorial staff by more accurately predicting the outcome of the 11 college football conference championships and the national championship 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 18 years of age or older at the time of entry and have the ability to enter into valid contracts in their personal jurisdiction of residence.  Only eligible individuals may enter (ÒPlayer[s]Ó). 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. (ÒAthlonÓ), and its 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 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 ____________, 2008 and throughout the Game Period, Players will log on to www.athlonsports.comSiteÓ) and follow the instructions to complete the Official Registration Form, including PlayerÕs 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 PlayerÕs chances of winning. Following registration, Players will select a championship team for each of the 11 Division 1 college football conferences Conference ChampionsÓ) and the national college football championship National ChampionÓ) of the 2008/2009 college football season identified below ("entry" or "entries") and submit his/her entry. Players must submit their entries electronically no later than 11:59:59 PM Eastern Time on _______________, 2008 Entry DeadlineÓ). In order for any entry to be valid, Players must indicate their acceptance of the Official Rules on the Official Registration Form where indicated. Player data will be used to administer the Game. All data is proprietary to Athlon and will not be used for third party solicitations. Lost, late, illegible, incomplete or misdirected entries are not eligible. Athlon Sports is not 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.

 

Division 1 Conferences:

            ACC

            Big 12

            Big East

            Big Ten

            Conference USA

            Mid-American Conference

            Mountain West

            PAC-10

            SEC

            Sun Belt

            WAC

 

            4.         HOW TO PLAY/ACCRUE POINTS/PRIZES: Both Players and Athlon Editors will each receive 1 point for each correct championship prediction (ÒCCPÓ). Conference Champions are determined by the procedures set forth below and co-champions WILL NOT be accepted for purposes of the Game. Additionally, Players will predict the total combined number of points earned by both teams in the national championship game (ÒTie-breaking FactorÓ). Any Player entry that is registered prior to the Entry Deadline, but fails to contain championship predictions, will be voided.  To cancel Player participation in the Game, Players should send an email to beattheeditors@athlonsports.com requesting they be removed. In either case, all of PlayerÕs points will be forfeited.

 

Beating The Editors:

After all Conference Champions and the National Champion have been determined at the end of the 2008/2009 season, the total number of points earned by the Athlon Editors (ÒAthlon Point TotalÓ) will be posted on the EDITORSÕ PICKS page of the Game. The Athlon Point Total is the number of points that must be earned by a Player in order to qualify to win the Ultimate Tailgate Prize (ÒPoint BarrierÓ).

 

Each Player who breaks (not ties) the Point Barrier (ÒFinalistÓ) will be eligible to win the Ultimate Tailgate Prize and the first 500 Finalists, based on the actual date and time of e-mail entry, will receive the Point Barrier Prize.  The Finalist earning the greatest number of total points above the Point Barrier, will be the Ultimate Tailgate Prize Winner. If more than one Finalist is tied for the greatest number of total points above the Point Barrier, the Finalist with the Tie-breaking Factor closest to the actual total combined number of points earned by both teams in the national championship game will be the Ultimate Tailgate Prize Winner.  If no Player breaks the Point Barrier, then the Ultimate Tailgate Prize will be awarded to the Player earning the highest number of total points below the Point Barrier. If more than one Player is tied for the highest number of total points below the Point Barrier, the Player with the Tie-breaking Factor closest to the actual total combined number of points earned by both teams in the national championship game will be the Ultimate Tailgate Prize Winner. In the event of any further tie between Finalists or Players, the Finalist or Player with the earliest date and time of entry, based on the actual documented time of the FinalistÕs or PlayerÕs e-mail transmission, will be the Ultimate Tailgate Prize Winner.

 

$25,000 Grand Prize Perfect Picks PrizeÓ):

 The Player that perfectly predicts the winning team of all eleven conference championships and the national championship and the total combined number of points scored by both teams in the national championship game within 2 points, calculated as set out in paragraph 8 below, will be the Perfect Picks Winner. There is only ONE $25,000 Perfect Picks Prize.  In the event of a tie between Perfect Picks Players, the Perfect Picks Prize will be equally divided between all eligible Perfect Picks Winners.

 

Determining Each Conference Champion:

Conference co-champions will not be recognized as the official conference champion for purposes of this contest.  In order to receive credit for correctly predicting each conferenceÕs champion, Players must predict the champion as follows: ACC: ACC Championship Game winner; Big 12: Big 12 Conference Championship Game winner; SEC: SEC Championship Game winner; MAC: MAC Championship Game winner; C-USA: C-USA Championship Game winner.

 

Determining The Big Ten Conference Champion :

The following procedure will be used to determine the Big Ten Conference Champion: Two-team tie: The winner of the game between the two tied teams will be considered the Conference Champion. If the two tied teams did not play each other, the team with the higher conference opponentsÕ winning percentage will be declared the Conference Champion. If the teams remain tied, the point differential in conference games will be used, with the team scoring the most points in conference play being declared the Conference Champion. Multiple-team tie: If one of the tied teams has beaten all of the other tied teams in head-to-head competition, that team will be declared the Conference Champion. If three or more teams are tied, and if two of the three defeated the third team, the third team will be eliminated from consideration and the remaining two teams will go through the two-team tiebreaking procedure detailed in the Big Ten section above to determine the Conference Champion. If three teams are tied and only two of the three have played each other or none of the three have played each other, the two-team tiebreaking procedure detailed in the Big Ten section above will be used with all three teams to determine the Conference Champion.

 

Determining The Pac-10, Big East, Sun Belt, Mountain West and WAC Champion :

If the conference does not have a Championship Game, the following procedure will be used to determine the Conference Champion: Two-team tie: The winner of the game between the two tied teams will be considered the Conference Champion. Multiple-team tie: If one of the tied teams has beaten all of the other tied teams in head-to-head competition, that team will be declared the Conference Champion. If no team has beaten all others, each teamÕs record against the tied teams will be compared.  If the head-to-head record comparison results in a single team with the best record, that team will be considered the Conference Champion.  If there is a two-team tie, the two-team tie breaking procedure in the Pac-10/Big East/Sun Belt/ Mountain West/WAC section above will be used. If there are more than two teams still tied, each remaining tied teamÕs record against the conference team that finished first in the final regular season standings will be compared, with the procedure continuing down through the conference standings until one team gains an advantage.

 

            5.         ODDS OF WINNING:  The Game is a game of skill and a PlayerÕs chances of winning depends on his/her skill and ability to pick winning teams and accrue more points than the Athlon Editors and  all other Players in the Game and his/her ability to accurately predict final scores. The odds of winning any prize depends upon the PlayerÕs selections and the total number of Players and eligible entries received. The odds of correctly predicting all eleven conference champions and the national champion are 293,000,000 : 1 with equal weighting given to all teams in all conferences.  There are 13 teams in the MAC, 12 teams in the ACC, Big 12, C-USA and SEC, 11 teams in the Big Ten, 10 teams in the Pac-10, 9 teams in the MWC and WAC and 8 teams in the Big East and SunBelt conferences.      

 

            6.         PRIZES/PRIZE AWARDING:  All prizes, including the Perfect Prize, are available.

 

Point Barrier Prize: The first 500 Finalists, who are NOT an Ultimate Tailgate Prize Winner or a Perfect Picks Prize Winner, will receive one free 2009 College Football magazine of their choice. 

 

Ultimate Tailgate Prize: One Ultimate Tailgate Prize will be awarded as follows: An Ultimate Fan Athlon Sports Kit, which includes a college team jersey, college team hat, rolling cooler, blanket, car flag, grill utensils, two stadium cushions, one folding table with four chairs and one tailgate tent.  All items will be from the WinnerÕs college of choice (subject to availability). Approximate retail value (ÒARVÓ) : $1,000.  The Ultimate Tailgate Prize Winner will also receive one 2009 Athlon Sports CollectorÕs Slip Case Set (ARV:$70) and will be identified as the Official ÒBeat The EditorsÓ Winner on AthlonSports.com. 

 Perfect Picks Prize:  $25,000 in cash, payable as either a lump sum at the conclusion of the Game Period or in 5 equal payments of $5,000 over 5 years, at PlayerÕs discretion. Only one $25,000 Perfect Picks Prize will be awarded.  In the event of a tie between Perfect Picks Players, the Perfect Picks Prize will be equally divided between all eligible Perfect Picks Winners.

 

 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 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 the Game Period (ÒEffective DateÓ) by Athlon, the judge of the game whose decisions are final and binding. Winners will be notified by overnight mail and/or email, at AthlonÕs discretion, on or about 21 business days following the Effective Date (ÒNotificationÓ). The complete identification of all Winners shall be posted on the ÒWINNERSÓ 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 30 days following AthlonÕs 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 Athlon SportsÕ sole discretion, the registered holder of the email 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.  No substitution of any prize will be permitted, except that Athlon Sports 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.  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 WinnerÕs 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 AthlonÕs 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 contests 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, which shall be binding and final in all respects, AthlonÕs privacy policy and terms and conditions; (b) to release Athlon 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, its 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 iTS 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 Players provide to Athlon Sports and the 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.  


            11.        GENERAL INFORMATION: 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 (ÒThird Party MarksÓ) 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.

 

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.

 

 
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