NO PURCHASE NECESSARY TO PLAY OR WIN. VOID WHERE PROHIBITED BY LAW. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO AND OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE NOT LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA OR IF YOU ARE LOCATED IN PUERTO RICO, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES.

These are the official rules (the "Official Rules") for Driver Pick'em presented by Nationwide Insurance (the "Promotion"). This Promotion is sponsored by ESPN/Starwave Partners d/b/a ESPN Internet Ventures ("EIV" or the "Sponsor") and is promoted by Nationwide Insurance (the "Presenter").

1. ELIGIBILITY: Driver Pick'em presented by Nationwide Insurance (the "Promotion") is open only to legal residents of the fifty (50) United States and Washington, D.C. who are thirteen (13) years or older as of the date of entry, and are registered members of ESPN.com. (Registration is free and is further described below.) Employees of (i) ESPN, Inc. or its parent or affiliated companies, (ii) any entity directly connected with the development, implementation or marketing of this Promotion, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible, or (iii) Nationwide Insurance or its parent or affiliated companies. This Promotion is void in all U.S. Territories and Foreign Territories (e.g., Guam and Puerto Rico) and where prohibited by law.
   
   
2. ACCEPT OFFICIAL RULES: Participation constitutes entrant's full and unconditional agreement to these official rules (the "Official Rules") and to Sponsor's (defined herein) decisions. The decisions of the Sponsor in regards to all matters of this Promotion are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
   
   
3. ENTRY PAGE: To access the Promotion, log-on to the frontpage.
   
   
4. ESPN.COM REGISTRATION: To play the Promotion, you must be a registered member of ESPN.com (or one of Sponsor's affiliated websites, e.g., ABC.com, ABCNews.com, DisneyOnline.com, EXPN.com and Family.com). Registration is free.
   
   
5. NOT YET A MEMBER: You may register by clicking on the applicable link on the entry page for the Promotion, and following the instructions. You will be asked to provide your name, e-mail address, zip code, birthdate, gender and to select a password. You will also be asked if you wish to receive promotional emails or offers. You do not need to consent to receive these emails or offers in order to become a member. Even if you consent, you may subsequently opt-out of receiving such emails or offers by clicking on the member services link on any ESPN.com page fantasy game page, then clicking on the Change Account Information link and following the instructions.
   
   
1. Already a Member.If you are already a member (or if you are a member of one of Sponsor's affiliated websites), then you do not need to register again. You may enter the Promotion by logging in on ESPN.com with your current username and password.
2. Survey Questions or Promotional Email. You may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. You are not required to answer questions or to give consent to receive such emails or offers in order to be eligible to play in or win the Promotion.
3. Password. You are responsible for the secrecy of your password. Sponsor or other third parties are not responsible or liable for any actions taken using your password.

Timing: The Promotion begins with Pre-registration on Wednesday, February 11, 2009 at approximately 3:00pm Eastern Time ("ET"). Actual game play begins Saturday, February 14, 2009 and ends on Saturday, November 21, 2009 at approximately 11:00pm ET (the "Promotion Period"). For purposes of these Official Rules all times are ET.

6. HOW TO ENTER.
1. Enter Online. Log on to the frontpage during the Promotion Period and complete your entry by clicking on the "Create Entry" button.
2. Limit ONE (1) ENTRY (i) PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), or (ii) PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS).
3. 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.
4. Change of Email Address. It is the sole responsibility of the entrant to notify the Sponsor during the Promotion Period if his or her e-mail address changes. To do so, click on the frontpage link on any ESPN.com fantasy game page, then click on the Change Account Information link and follow the instructions.
5. Entry Errors.
• Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
• Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion, 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, or (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.
6. 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, entry will be awarded to the person named on the applicable entry page. Potential winners may be required to show proof of identification. Sponsor may require that the potential winner provide proof that he/she is the actual entrant and/or provide the password associated with the winning entry.
   
   
7. HOW TO PLAY.
1. How to make your selections. You may enter your selections online by following the instructions in the How To Play section of the Game. ( The "How to Play" section is incorporated by reference into these Official Rules).
2. Scoring. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of professional stockcar racing to accumulate the most points during the Promotion Period. An entrant receives one (1) point for correctly picking a driver that places higher in the race than the opposing driver in the matchup. There are ten (10) driver matchups in each race. In the event that the scheduled race listed does not occur as scheduled (e.g., the race is cancelled, postponed, etc.) the Sponsor may elect not to award points for said race. Ties will be broken in accordance with the tiebreaker procedure below.
   
   
3. 2009 Race Schedule
• Sat, Feb. 14 - NASCAR Nationwide Series at Daytona
• Sat, Feb. 21 - NASCAR Nationwide Series at California
• Sat, Feb. 28 - NASCAR Nationwide Series at Las Vegas
• Sat, Mar. 21 - NASCAR Nationwide Series at Bristol
• Sat, Apr. 4 - NASCAR Nationwide Series at Texas
• Sat, Apr. 11 - NASCAR Nationwide Series at Nashville
• Fri, Apr. 17 - NASCAR Nationwide Series at Phoenix
• Sat, Apr. 25 - NASCAR Nationwide Series at Talladega
• Fri, May 1 - NASCAR Nationwide Series at Richmond
• Fri, May 8 - NASCAR Nationwide Series at Darlington
• Sat, May 23 - NASCAR Nationwide Series at Charlotte
• Sat, May 30 - NASCAR Nationwide Series at Dover
• Sat, Jun. 6 - NASCAR Nationwide Series at Nashville
• Sat, Jun. 13 - NASCAR Nationwide Series at Kentucky
• Mon, Jun. 15 - NASCAR Nationwide Series at Milwaukee
• Sat, Jun. 27 - NASCAR Nationwide Series at New Hampshire
• Fri, Jul. 3 - NASCAR Nationwide Series at Daytona
• Fri, Jul. 10 - NASCAR Nationwide Series at Chicago
• Sat, Jul. 18 - NASCAR Nationwide Series at Gateway at St. Louis
• Sat, Jul. 25 - NASCAR Nationwide Series at ORP at Indianapolis
• Sat, Aug. 1 - NASCAR Nationwide Series at Iowa
• Sat, Aug. 8 - NASCAR Nationwide Series at Watkins Glen
• Sat, Aug. 15 - NASCAR Nationwide Series at Michigan
• Fri, Aug. 21 - NASCAR Nationwide Series at Bristol
• Sun, Aug. 30 - NASCAR Nationwide Series at Montreal
• Sat, Sep. 5 - NASCAR Nationwide Series at Atlanta
• Fri, Sep. 11 - NASCAR Nationwide Series at Richmond
• Sat, Sep. 26 - NASCAR Nationwide Series at Dover
• Sat, Oct. 3 - NASCAR Nationwide Series at Kansas
• Sat, Oct. 10 - NASCAR Nationwide Series at California
• Fri, Oct. 16 - NASCAR Nationwide Series at Charlotte
• Sat, Oct. 24 - NASCAR Nationwide Series at Memphis
• Sat, Nov. 7 - NASCAR Nationwide Series at Texas
• Sat, Nov. 14 - NASCAR Nationwide Series at Phoenix
• Sat, Nov. 21 - NASCAR Nationwide Series at Homestead-Miami
  
  
4. Locktime. All driver match ups will lock at the scheduled race time. Entrant's picks must be submitted, received and recorded by Sponsor's computer by the scheduled locktime for that race. Selections submitted after the deadline are considered invalid. Sponsor's computer is the official time-keeping device for this game.
5. Ties. Entrants may but are not required to submit an answer to the tiebreaker question used for tiebreaker purposes only. If no answer to the tiebreaker question is submitted for an entry, it is given a default prediction of zero (0). It is possible for a default prediction to break a tie.
6. How are the ties broken? The pool of tied entrants is reduced until only one (1) potential winner remains by applying the rules below in the order listed. However, Sponsor may, in its sole discretion, elect not to break a tie and instead to award prizes to all eligible winners (or to all eligible winners then remaining after applying one [1] or more tiebreaker rules).

In all cases, an entry that does not win a tiebreaker is eliminated from consideration:

• Tiebreaker #1 - An entrant's predicted answer for the first tiebreaker field is compared to the actual tiebreaker answer. The entry with the smallest total difference between the predicted answer and the actual answer (positive numbers only) is considered the winning entry.
• Tiebreaker #2 - An entrant's predicted answer for the second tiebreaker field is compared to the actual tiebreaker answer. The entry with the smallest total difference between the predicted answer and the actual answer (positive numbers only) is considered the winning entry.
• Tiebreaker #3 - The entry that earned the most points in the preceding race is considered the winning entry.
• Tiebreaker #4 - An entrant's predicted answer for the first tiebreaker field for the preceding race's tiebreaker is compared to the preceding race's actual tiebreaker answer. The entry with the smallest total difference between the predicted answer and the actual answer (positive numbers only) is considered the winning entry.
• Tiebreaker #5 - An entrant's predicted answer for the second tiebreaker field for the preceding race's tiebreaker is compared to the preceding race's actual tiebreaker answer. The entry with the smallest total difference between the predicted answer and the actual answer (positive numbers only) is considered the winning entry.

Tiebreakers will continue backwards using the preceding race's point totals and tiebreaker questions until the tie is broken. If the tie still exists, than Sponsor may determine winner based on the actual time (according to sponsor's computer) that the winning entry was created and submitted to the system. The individual with the earlier entry based on Eastern Standard Time will be deemed the winner.

8. UMPIRES AND REFEREES. The decisions of the professional stockcar racing officials that are officiating the races shall be final and binding regarding the outcome and scoring of each race.
   
   
9. PRIZES.
1. The approximate retail value ("ARV") of all prizes is $120,500.00. Sponsor will award one (1) "Grand Prize", four (4) "Signature Race Weekly Prizes", and thirty-five (35) "Weekly Prizes" to the Entrants who accumulate the 1st most points and to the weekly winners who score the most points during each of the four (4) Signature Races and for the thrity-five (35) Weeks of the Promotion Period. Note: The same Entrant may not win more than one (1) Weekly Prize. Alternate winner(s) will be selected if necessary to ensure that different Entrants win each of the prizes.
   
   
2. Prize Breakdown.
• One (1) Grand Prize: Trip to Daytona for the 2010 race - Trip for winner plus (1) guest at the Daytona International Speedway in 2010 (exact dates TBD). Trip includes round-trip coach air transportation for two (2) from major U.S. gateway airport nearest winner's primary residence in the U.S., 2-night standard double occupancy hotel accommodations (one (1) room), admission for winner and one (1) guest to the race in February 2010 including food and beverages (excluding alcoholic beverages) and ground transfers to/from the destination airport/hotel/race. (ARV: $3,000)
  
  
• Four (4) Signature Race Prizes: A check in the amount of $25,000 will be awarded to the weekly winners (pending tiebreakers) of the four (4) priority Nationwide races including:
• Sat, Apr. 11 - NASCAR Nationwide Series at Nashville
• Sat, Jun. 13 - NASCAR Nationwide Series at Kentucky
• Sat, Aug. 1 - NASCAR Nationwide Series at Iowa
• Sat, Oct. 24 - NASCAR Nationwide Series at Memphis
  (ARV: $100,000)
  
  
• Thirty-five (35) Weekly Prizes: A check in the amount of $500 will be awarded to each of the weekly winners (pending tiebreakers) of the thirty-five weeks of the Promotion. NOTE: The entrant who wins the Signature Race prize for that week is not eligible to win the weekly prize as well. (ARV: $17,500)

Total ARV for all prizes: $120,500.

3. Odds of winning prizes depend on the total number of eligible entries received and the relative professional stockcar racing knowledge of all Entrants.
4. 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 FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE.
5. Prize Restrictions. Meals, beverages, gratuities, incidental expenses and all other costs and expenses relative to participation in Promotion (including acceptance of prize) not specified herein are not included and are solely the Grand Prize winner's responsibility. All arrangements are subject to change, availability, holiday, blackout dates and other restrictions. Trip arrangements cannot be changed by Grand Prize winners/travel companions. Grand Prize winners/travel companions must travel on the same itinerary and at the same time. If Grand Prize winner is a minor, their travel companion must have reached age of majority in his/her state of residence and will be required to execute and return a liability/publicity release (unless prohibited by law) prior to the date of travel. Grand Prize winners must respond promptly to Sponsor's requests regarding travel arrangements. Grand Prize winners/travel companions must travel on the dates, and at the time and to the location approved/specified by the Sponsor. Grand Prize winners/travel companions must provide own transportation to/from airport of departure. Grand Prize winners/travels companion are solely responsible for obtaining any/all necessary travel documentation/requirements (including but not limited to valid photo I.D., passport, etc.) before departure. Airline carrier and hotel regulations and conditions apply. Prizes are not valid for upgrades. All tickets issued in conjunction with the prizes are not eligible for frequent flyer miles. If air travel is not needed, in the sole opinion of the Sponsor ground transportation may be substituted for the air travel, and there will be no cash alternative. If Grand Prize winner chooses to not take a travel companion, then the travel companion elements will be forfeited and the remaining elements shall constitute full satisfaction of the Grand Prize.
6. Prize Delivery. 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.
7. No Warranty. Entrants acknowledge that 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.
   
   

10. POTENTIAL WINNERS.
1. Verification. ALL POTENTIAL OUTCOMES 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.
2. "Prize Notice" via Email or Mail. Winners will be notified via email (or overnight mail) sent approximately 30-days following the end of the Promotion Period. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate.
3. 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 rules or donate the prize to another entity, at it's sole discretion).
4. 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.
5. Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice.
6. Release. By participating in this Promotion or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, Presenter, and each of their respective related companies, and all of its or 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 Promotion (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).
7. Publicity. Except where prohibited, participation in this Promotion constitutes winner's consent to Sponsor and its or their agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
   
   
11. CONDITIONS OF PARTICIPATION.
1. Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
2. Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Promotion if, in the Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Promotion, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
3. Cancellation. 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 prize will be awarded in such other manner deemed fair and appropriate by Sponsor.
   
   
12. GAMBLING PROHIBITION: This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
    
    
13. 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 Promotion; (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 Promotion; (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 Promotion, access to, copying or downloading materials from ESPN.com or any other website, or receipt or use of any prize. The Coca-Cola Company is not a sponsor of or in any way liable or responsible for the operation or administration of this Promotion.
    
    
14. DISPUTES/CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York county, New York state, i.e., Manhattan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York's choice of law rules, governs the Promotion and all aspects related thereto.
    
    
15. OFFICIAL RULES; WINNERS LISTS. For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope to the address below (Residents of VT may omit return postage). Requests must be received within thirty (30) days following the end of the Promotion (i.e., by December 21, 2009).

ESPN Driver Pick'em presented by Nationwide Insurance
c/o ESPN Internet Venture
Marketing Department
19 East 34th Street
6th Floor
New York, NY 10016

16. ADDRESS; COPYRIGHT. Sponsor is responsible for the Promotion and awarding of prizes. Sponsor's address is 19 East 34th Street, 6th Floor, New York, NY 10016. The Promotion and all accompanying materials are copyright © 2009 ESPN Internet Venture.