Official RulesTHIS PROMOTION IS OPEN ONLY TO LEGAL RESIDENTS OF THE
UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA, BUT EXCLUDING PUERTO RICO,
GUAM AND OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES, AND SHALL BE CONSTRUED
AND EVALUATED ACCORDING TO UNITED STATES LAW. VOID WHERE PROHIBITED BY LAW.
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT
IMPROVE YOUR CHANCES OF WINN ING. These are the official rules (the "Official
Rules") for Baseball Challenge (the "Game"). The Game
is sponsored by ESPN/Starwave Partners, d/b/a ESPN Internet Venture ("Sponsor")
and is presented by (the "Presenter"). Any and all advertisers
associated with this Promotion are referred to in these Official Rules as
"Promoters".
1. ELIGIBILITY: The Game is open to legal residents of the 50 United
States and the District of Columbia (EXCLUDING PUERTO RICO, AND OTHER U.S.
TERRITORIES AND FOREIGN TERRITORIES), who are 13 years of age or older as of
the date of entry and who are registered members of ESPN.com (an "Entrant").
Registration is free and is further described below. The following are not
eligible for the Game: (i) employees and agents of Sponsor or Presenter and
their respective parent, subsidiary and affiliated companies, and their
respective advertising/promotion agencies; and (ii) the "immediate
family members" and/or "household members" of any of
the persons set forth in (i) above. "Immediate family members"
shall mean parents, step-parents, children, step-children, siblings or spouses.
"Household members" shall mean people who share the same
residence at least three (3) months a year. The Game is void where prohibited
by law. Participation in the Game constitutes Entrant's full and unconditional
agreement to these Official Rules and to Sponsor's decisions. The decisions of
the Sponsor regarding all matters relating to the Game are final and binding.
Winning a prize is contingent upon fulfilling all requirements set forth
herein.
2. TIMING: The Promotion opens on March 11, 2009. The Game begins on Sunday, April 5, 2009 at 4:05 PM Eastern
Time (the scheduled start of the LA Dodgers at San Francisco Giants) and
ends on Sunday, October 4, 2009 (or upon the completion of the U.S.
professional baseball regular season) at approximately 8:00 p.m. Eastern Time
(the "Game Period").
3. ESPN.COM REGISTRATION: To access the Game, log-on to
http://games.espn.go.com/bbc/frontpage. To play the Game, you must be a
registered member of ESPN.com or one of our family of sites (ABC.com,
ABCNEWS.com, DisneyOnline.com, EXPN.com and Family.com).
Registration is free. If Entrant is not a member, Entrant may register by
clicking on the applicable link on the entry page for the Game and following
the instructions. Entrant will be asked to provide his/her name, e-mail
address, zip code, birth date, gender and to select a password. Entrant will
also be asked to consent to receive promotional emails or offers. Consenting to
receive promotional emails or offers is optional and does not have to be agreed
to in order to become a member or to win a prize. As a member, Entrant may
enter the Game by first logging in to the system with Entrant's current
username and password. Entrant may then be asked to answer survey questions or
to consent to receive promotional emails or offers from the Sponsor. Answering
survey questions or consenting to receive promotional emails is optional and
does not have to be agreed to in order to be eligible to enter the Game or to
win a prize. To complete his/her entry, Entrant must click on the "Confirm
Entry" button.
4. HOW TO ENTER:
Enter
Online. Log on to http://games.espn.go.com/bbc/frontpage during the Game
Period and complete your entry by clicking on the "Create Entry"
button.
Limit.
ONE (1) ENTRY PER PERSON (REGARDLESS OF WHETHER ONE PERSON HAS MORE THAN ONE
EMAIL ADDRESSES) OR PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE
PERSON USES THE SAME EMAIL ADDRESS).
Void.
Use of any automated system (e.g., robots, automatic, macro, programmed or like
entry methods) or submission of multiple entries is prohibited. Any attempt by
any Entrant to use an automated system or to obtain more than one (1) entry by
using multiple/different email addresses, identities or any other methods, will
void all of that Entrant's entries, and render that person ineligible to
receive any of the prizes. Entry materials/data that have been tampered with or
altered are void.
Change
of Email Address. It is the sole responsibility of the Entrant to notify
the Sponsor during the Game Period if his or her email address changes. To do
so, click on the member services link
(http://r.espn.go.com/espn/memberServices) on any ESPN.com page fantasy game
page, then click on the Change Account Information link and follow the
instructions.
Entry Errors.
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Neither
Sponsor nor Presenter is responsible for lost, late, incomplete, damaged,
stolen, invalid, unintelligible or misdirected entries, which will be
disqualified.
Neither Sponsor nor Presenter is responsible for any unavailability of or
interruptions to any service or equipment used in connection with the Game
including, without limitation (1) interruptions to any network, server,
Internet website, telephone, satellite, computer or other connections, (2)
failures of any telephone, satellite, hardware, software or other equipment,
(3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4)
other errors of any kind, whether human, technical, mechanical or electronic,
or (5) the incorrect or inaccurate capture of entry or other information or the
failure to capture any such information.
No Return of Entries; Disputes. Once submitted, entries become the sole
property of Sponsor and will not be acknowledged or returned. In the event of a
dispute as to any entry, the authorized account holder, i.e., natural person,
of the email address used to register will be deemed to be the registrant.
Potential winners may be required to show proof of identification. Sponsor may
require that the potential winner provide proof that he/she is the authorized
account holder of the email address and/or password associated with the winning
entry.
5. HOW TO PLAY:
General. Players are assigned a rating value based on 2008 final standings and projected
2009 performances, (the "Player Ratings"). Entrants must
select ten (10) players (nine position players and one team pitching staff) to
form a complete active roster while staying under the specified team rating
limit of fifty (50) points. Entries that exceed the team rating limit or do not
field a complete roster will receive no points. Points are awarded following
each day that includes an U.S. professional baseball game (see Scoring System
below). Participants can compete every day over the course of the entire U.S. professional baseball regular season, or on a single-week basis during the regular
season.
2.Segments.
The Game will separate the U.S. professional baseball 2009 schedule into two
(2) segments, ("Segments"). The First Segment will run from
the start of the 2009 U.S. professional baseball season through the final game
before the 2009 U.S. professional baseball all-star break. The Second Segment
will run from the first game following the all-star break through the final
game of the U.S. professional baseball regular season schedule. The overall
season ("Season") will consist of the points scored by the
Entrant in the two (2) Segments. Player Ratings (defined in General above) will
reset after each Segment and every Entrant will need to select new players at
the beginning of the second Segment.
How
to make your selections. You may enter your selections online by following
the instructions in the how to play section of the Game:
http://games.espn.go.com/bbc/story?pageName=bbc\howtoplay
Roster
Moves. Entrants can choose one of the following types of contests (each a
"Game Type"): to participate in a group, which locks rosters
every week ("Weekly Game"), or in a group that allows players
to be added and dropped daily ("Daily Game"). Prizes will be
awarded to overall winners for each segment for the Daily Game and Weekly Game
entrants. For more information regarding prizes, please see section 6.1.
Entrants can select their particular Game Type by successfully creating an
Entry and selecting "Edit Entry Settings". If you do not modify the
Game Type setting, by default your Entry will then participate in the Daily
Game type. NOTE: Once your entry has earned stats under a particular Game Type
(Daily or Weekly) you can no longer modify your Entry to participate in a
different Game Type.
Scoring.
From all eligible entries received, the winners will be determined based on
their ability to use their skill and knowledge of U.S. professional baseball to
accumulate the most points during the Game Period. In the event the scheduled U.S. professional baseball game listed does not occur as scheduled (e.g., the game is
cancelled, postponed, etc.) no points will be awarded. Ties will be broken in
accordance with the tie-breaker procedure below.
Scoring
System. The five offensive statistical categories which count in The Game
are Runs Scored (R), Total Bases (TB), Runs Batted In (RBI), Walks (BB) and
Stolen Bases (SB). For each instance a player on your team's roster achieves
these in a baseball game, one point will be awarded. The Game will also have a
pitching staff slot. There are six statistical pitching categories which count.
The categories are Innings Pitched (IP), Earned Runs (ER), Hits (H), Walks
(BB), Strikeouts (K), and Wins (W). The following points will be
awarded/deducted for each instance one of them take place: 1 out = +1 (complete
IP = +3), ER = -3, Hit = -1, BB = -1, K = +1, Win = +5. Note: negative points
are possible. There are no points awarded for saves or holds. Also please note
that you are selecting an entire pitching staff, not an individual pitcher.
This means you receive the entire line from a pitching staff. In the event that
a player you have selected for a particular day is involved in a double-header
on that day, you will earn the player's stats for both games played on that
day.
Lock-time.
All Daily rosters will lock at 2:59 AM EST for the upcoming day and all Weekly
rosters will lock at 2:59 AM EST on the Monday morning of the current week.
Rosters must be submitted, received and recorded by Sponsor's computer by the
scheduled lock-time. Selections submitted after the deadlines are considered
invalid. Sponsor's computer is the official time keeping device for this Game.
Note: The lock-time for the first week of
the first and second segment will begin at the scheduled start of the first
game.
Ties.
Should a tie exist between two (2) or more Entrants eligible for the overall
prizes, the winner will be the Entrant that has the highest score in the final
week of the Segment. If a tie persists, the winner will be the team with the
highest score for the previous week. Tiebreakers will continue backwards using
each previous weekly score until the tie is broken.
6. PRIZES: The approximate retail value ("ARV") of all
prizes is $8,400.00.
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Segment
Grand Prizes (2), Segment 2nd Place Prizes (2), and Segment 3rd
Place Prizes (2): Sponsor will award one (1) prize to the
"Season" Daily Game winner and one (1) prize to the
"Season" Weekly Game winner. Sponsor will award one (1) "Segment
Prize" to the Weekly Game winner and one (1) "Segment Prize" to
the Daily Game winner who accumulates the most points (and wins any pending
tiebreaker) in that game type for each of the two (2) Segments.
NOTE: The same Entrant may not win
more than one (1) overall season prize per season (regardless of place). The
same Entrant may not win more than one (1) segment prize per Segment
(regardless of place). Alternate winner(s) will be selected if necessary to
ensure that different Entrants win each of the prizes. All prizes will be
delivered to the Entrant at the end of Game Period (see "Prize Delivery"
below).
Daily Game Winner (Season): Gaming package that includes a $1,100
Best Buy gift card, Microsoft XBOX gaming console, four (4) EA games, ESPN.com hat and hoodie. Games will be chosen by Sponsor. (ARV: $2,000.00)
Daily Game Winner (Segment 1): $1,100 Best Buy gift card. (ARV:
$1,100.00)
Daily Game Winner (Segment 2): $1,100 Best Buy gift card. (ARV:
$1,100.00)
Weekly Game Winner (Season): Gaming package that includes a $1,100
Best Buy gift card, Microsoft XBOX gaming console, four (4) EA games, ESPN.com hat and hoodie. Games will be chosen by Sponsor. (ARV: $2,000.00)
Weekly Game Winner (Segment 1): $1,100 Best Buy gift card. (ARV:
$1,100.00)
Weekly Game Winner (Segment 2): $1,100 Best Buy gift card. (ARV:
$1,100.00)
Prizes
awarded in the form of Best Buy Gift Card can only be used for future
purchases at Best Buy retail locations in the U.S. or online at
www.bestbuy.com. Gift Cards may be used to pay shipping charges and/or
taxes on purchases; and any remaining balance thereafter will be issued in the
form of another Best Buy Gift Card. Gift Cards are NOT
redeemable/exchangeable for cash. Other restrictions may apply.
Odds
of winning prizes depend on the total number of eligible entries received
and the relative U.S. professional baseball knowledge of all Entrants.
Substitution;
Taxes. No cash or other prize substitution, assignment or transfer of
prizes permitted, except at Sponsor's sole discretion due to prize
unavailability. Sponsor reserves the right to substitute a prize with one of
comparable value or greater value (e.g., Sponsor may opt instead to award the
cash equivalent, up to but not greater than the ARV, of any prize in lieu of
the prize itself). THE WINNER IS SOLELY RESPONSIBLE FOR ALL TAXES, INCLUDING
BUT NOT LIMITED TO, FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT
OR USE OF ANY PRIZE.
Prize
Delivery. The two (2) Grand Prize winners should allow up to 6-8 weeks
after they return their signed, notarized affidavit to receive their prize.
Prizes returned as undeliverable or otherwise not claimed within fourteen (14)
days after being sent will be forfeited. All remaining Segment Prize Winners
will be sent prizes via U.S. Mail. NOTE: Some Segment 1 prizes may not be
delivered to the Entrant until the end of the Season (the Game Period); this is
at the discretion of the Sponsor.
No
Warranty. Entrants acknowledge that the Sponsor, Presenter and each of their
respective agencies or related companies have not made nor are in any manner
responsible for any warranty, representation or guarantee, express or implied,
in fact or in law, relative to any prize, including but not limited to its
quality. The only warranty for any prize is the standard limited written
warranty from the prize's manufacturer, if any, which may be included with, and
applicable to, the prize.
7. POTENTIAL WINNERS:
Verification.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS
ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT
IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE
POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT
VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR
OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT
OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE
ENTRY AND VOID.
"Prize
Notice" via Email or Mail. Winners will be notified via email (or
overnight mail) sent approximately thirty (30) days following the end of the
Game Period. Entrants are responsible for insuring that all mailing and email
information is up-to-date and accurate.
Alternate
Potential Winners; Disqualification. A potential winner will be
disqualified and an alternate potential winner will be selected (i.e., the person
with the next most points) if (i) he/she does not comply with these Official
Rules (or is otherwise determined to be ineligible), (ii) he/she does not
respond to the prize notice within ten (10) days of its transmission (or
receipt, if mailed), or if the emailed prize notice, after three (3) attempts,
is returned as undeliverable, or (iii) the prize is undeliverable for any
reason. If Sponsor notifies, or seeks to deliver a prize to or otherwise
attempts to contact an alternate potential winner, and such alternate potential
winner is subsequently disqualified, then Sponsor shall use its reasonable
business judgment to determine, in its sole discretion, the disposition of the
prize (e.g., may choose another alternate potential winner in a manner consistent
with these Official Rules or donate the prize to another entity, at it's sole
discretion).
Minors.
If a potential winner is a minor in his/her jurisdiction of primary residence,
potential winner's parent/legal guardian must execute all documents and agree
to all obligations and undertakings required of the potential winner in these
Official Rules, both on behalf of himself/herself and the potential winning
minor. Failure to comply with these requirements may cause the prize to be
forfeited and awarded to an alternate winner. Prize may be awarded in the name
of, or to, parent/legal guardian.
Conditions
of Participation. As a condition of receiving a prize, potential 1ST Place
Prize winners will be required to complete, sign and return an Affidavit of Eligibility,
a Liability Release, and, except where prohibited, a Publicity Release, within
ten (10) days of the date stated on the prize notification.
Release.
By participating in this Game or receiving a prize, Entrants (and in
particular, winners) agree to release and to indemnify and hold harmless
Sponsor, Best Buy and each of their respective related companies, and all of
their company's officers, directors, employees and agents (collectively, the "Released
Parties") for any liability, injury, death, loss or damages to Entrant
or any person or entity, including without limitation damage to personal or
real property, caused in whole or in part, directly or indirectly, by
participation in this Game (or related activities) or the acceptance,
possession or use/misuse of a prize (including any travel or activity related
to the prize, if applicable).
Publicity.
Except as otherwise prohibited by law, by participating in this Game and
accepting a prize, winner grants permission to use his/her name, address, likeness,
photograph, and statements to Sponsor and its parent companies, affiliates,
subsidiaries and advertising/promotional agencies for advertising/publicity
purposes in any and all media, now known or hereafter devised, worldwide in
perpetuity, without further payment, consideration, notice or approval.
8. GAME MODIFICATION: Sponsor reserves the right, in
its sole discretion, to modify, cancel, terminate or suspend this Game without
advance notice for any reason including, without limitation, if (i) viruses,
bugs, unauthorized human intervention, fraud, technical failure or other causes
which corrupt or affect the administration, security, fairness, integrity or
proper conduct of the Game; or (ii) earthquake, flood, fire, storm or other
natural disaster, act of God, labor controversy or threat thereof, civil
disturbance or commotion, disruption of the public markets, war or armed
conflict (whether or not officially declared). In the event of a cancellation
or termination the Entrant who has accumulated the highest point total (and who
wins any pending tiebreakers) at the time of any said action will be awarded
the prize, or the prizes will be awarded in such other manner deemed fair and
appropriate by Sponsor.
9. GAMBLING PROHIBITION: This Game is strictly for entertainment
purposes and may not be used in connection with any form of gambling.
10. LIMITATIONS OF LIABILITY: The Released Parties are not responsible
for: (1) any incorrect or inaccurate information, whether caused by Entrants,
printing errors or by any of the equipment, hardware, software or programming
associated or used with the Game; (2) technical errors, defects, delays or
failures of any kind including, without limitation, malfunctions, interruptions
or disconnections in communications lines, Internet or website access, hardware
or software; (3) digital or electronic disruptions, e.g., viruses other
security breaches; (4) unauthorized human intervention, e.g., hacking; (5)
technical or human error which may occur in connection with any aspect of the
Game; (6) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from Entrant's participation in
the Game, access to, copying or downloading materials from ESPN.com or any
other website, or receipt or use of any prize.
11. DISPUTES/CHOICE OF LAW: Except where prohibited, each Entrant agrees
that: (i) all issues and questions concerning these Official Rules shall be
governed by New York law without giving effect to any principles of conflicts of
law of any jurisdiction; (ii) any and all disputes, claims and causes of action
at law or in equity arising out of or relating to this Game or any prize
awarded shall be (A) resolved individually, without resort to any form of class
action; and (B) filed only in the state or federal courts situated in New York
County, New York state, i.e., Manhattan, and Entrant hereby consents and
submits to the personal jurisdiction of such courts for the purposes of
litigating any such disputes, claims or causes of action; (iii) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, but in no event attorneys' fees; and (iv) ENTRANT WAIVES ALL RIGHTS
TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES,
OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
12. PRIVACY: Personally identifiable information that is submitted by
Entrants as part of this Game will be used to administer the Game, select prize
winners and fulfill prizes, and will be treated in accordance with Sponsor's
privacy policy accessible on its website at www.espn.com.
13. OFFICIAL RULES; WINNERS LISTS: For a copy of these Official Rules
and/or a list of winners, mail a self-addressed stamped envelope to the address
below (Residents of VT may omit return postage). Such requests must be received
by Sponsor within thirty (30) days following the end of the Game (i.e., by November,
4, 2009).
Baseball Challenge
c/o ESPN Internet Venture
Marketing Department
19 East 34th Street
6th Floor
New York, NY 10016.
The Game and all accompanying materials are copyright (c) 2009
ESPN Internet Ventures.
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