Official Rules
THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS AND OTHER U.S. 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, OVERSEAS MILITARY INSTALLATIONS, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES.
Eliminator Challenge
OFFICIAL RULES
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. These are the official rules (the "Official Rules") for Eliminator Challenge (the "Contest"). The Contest is sponsored by ESPN/Starwave Partners, d/b/a ESPN Internet Ventures ("Sponsor"), and is presented by Bacardi (the "Presenter").
1. ELIGIBILITY: The Contest is open to legal residents of the 50 United States and the District of Columbia (EXCLUDING PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS AND OTHER U.S. TERRITORIES), who are 21 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 Contest: (i) employees and agents of Presenter or of Sponsor 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 Contest is void where prohibited by law. Participation in the Contest 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 Contest are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of U.S. professional football to accumulate the most points in this Contest during the 2005 U.S. professional football season.
2. CONTEST TERM/CONTEST-DAY: The Contest begins on Monday, August 24, 2005 at 4:00 p.m. Eastern Time and ends on Sunday, January 1, 2006 (or upon the completion of the U.S. professional football season) at approximately 10:00 p.m. Eastern Time (the "Contest Period"). For purposes of these Official Rules all times are Eastern Time ("ET").
3. ESPN.com REGISTRATION: To access the Contest, log-on to http://games.espn.go.com/eliminator/frontpage . To play the Contest, you must be a registered member of ESPN.com or one of our family of sites (ABC.com, ABCNEWS.com, DisneyOnline.com, EXPN.com, Family.com and Movies.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 Contest 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 Contest by first logging in to the system with Entrant's current username and password. 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/eliminator/frontpage during the Contest 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 ADDRESS) or 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) entries 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 Contest 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 contest page, then click on the Change Account Information link and follow the instructions.
- Entry Errors.
- Neither Sponsor nor Promoter is responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
- Neither Sponsor nor Promoter is responsible for any unavailability of or interruptions to any service or equipment used in connection with the Contest 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. Beginning Monday, August 24, 2005 at 4:00 PM ET through Thursday, September 8, 2005 at 8:59 PM ET go to the Eliminator Challenge Frontpage (http://games.espn.go.com/eliminator/frontpage) and make your selection.
- How to make your selections. You may enter your selections online by following the instructions in the how to play section of the Contest: http://games.espn.go.com/content/eliminator/2005/story?page=howtoplay.
- Scoring. Each week, one game will be posted. You must select which team you believe will be the winner of that game. If you are correct, you will advance to the next week's contest. If you are incorrect, you will move to the Second Chance Pool. You may not pick the same team to win twice during the season. Entrants registering between 9:00 PM Monday, September 12, 2005 and 8:59 PM, Monday, September 19, 2005, will be automatically entered in the Second Chance Pool. Entries created after 9:00 PM Monday, September 19 will not be eligible for prizes. The Second Chance Pool competition will be conducted in the same format as the First Chance Pool and if a Second Chance Pool entrant is incorrect, the entrant will be eliminated from the Contest. The Contest will continue each week until the end of the season or until all entrants have been eliminated. In the event more than one entrant remains at the end of the season in either or both pools or more than one entrant is the last standing upon final elimination in either or both pools, the winner(s) will be selected according to the tie breakers as stated below. The last person remaining in the First Chance Pool (after any necessary tiebreakers) will be the Grand Prize winner and the last person remaining in the Second Chance Pool (after any necessary tiebreakers) will be the First Prize winner. To maximize your chances of winning, be sure to enter the Contest prior to the scheduled kick-off of the first NFL game, currently scheduled for 9:00 pm September 8, 2005. You will not be able to make selections for games that have already locked.
- Locktime. Entry selections will lock at the scheduled kick-off of that week's regularly scheduled NFL game. Entrants must make sure their picks are submitted by the scheduled start time of that week's regularly scheduled NFL games. Selections submitted after the deadline are considered invalid, and no points will be received. Entrants who submit selections after the lock time or do not submit an entry for the week will receive zero points for that week and one loss for their account. Two losses in any account will disqualify an entrant from winning a prize.
- Ties. Entrants participate in their respective pools (First Chance or Second Chance) until an entry outlasts all other entries or the season comes to an end. At the end of the regular season, if there are multiple winners within each pool, we enter into a tie-breaker scenario.
First Chance Pool Tiebreaker Scenarios
If there is more than one entry left after the final week of the regular NFL season or, if in any given week during the regular NFL season, all remaining entries are knocked out in the same week, we will enter a tiebreaker scenario among those entries. The tiebreaker scenario is as follows:
First Tiebreaker Scenario
- Tiebreaker #1 - The entrant whose losing team earned the most points during the Contest that ended the streak is considered the winning entrant. If the streak lasted the entire season, the entrant whose selection earned the most points in week 17 is considered the winning entrant.
- Tiebreaker #2 - The entrant whose selection earned the most points one week prior to the losing game is considered the winning entrant.
- Tiebreaker #3 - The entrant whose selection earned the most points two weeks prior to the losing game is considered the winning entrant.
- Tiebreaker #4 - The entrant whose selection earned the most points three weeks prior to the losing game is considered the winning entrant.
Ties will continue using the previous week's winning team's total points until the tie is broken. If there is still a tie after the First Tiebreaker Scenario, we will use the Second Tiebreaker Scenario.
Second Tiebreaker Scenario
The entrant's predicted answer for the total combined points scored by all weekly selections during the streak is compared to the actual number of points scored to that point. The entrant with the smallest total difference between the predicted total and the actual total is considered the winning entrant. This entrant will now be the Grand Prize Winner.
All non-winning entries from the First Chance Pool will be eligible for the Second Chance Pool. The First Chance Pool overall winner will not be eligible for additional prizes.
Second Chance Pool Tiebreaker Scenarios
If there is more than one entry left after the final week of the regular NFL season or, if in any given week during the regular NFL season, all remaining entries are knocked out in the same week, we will enter a tiebreaker scenario among those entries. However, if during the season, all entries in the Second Chance Pool are knocked out in the same week and there are remaining entries in the First Chance Pool, all Second Chance Pool entries are officially out of the Contest and the Second Chance Pool will remain open for the remainder of the season so that in any subsequent week, any entries from the First Chance Pool who choose an incorrect selection will now be eligible for the Second Chance Pool.
At the conclusion of any of the aforementioned scenarios, the tiebreaker scenario is as follows:
First Tiebreaker Scenario
Tiebreaker #1 - The entrant whose entry records the longest winning streak while losing only one game is considered the winning entrant.
Tiebreaker #2 - The entrant whose selection earned the most points in week 17 (or the game that ended the streak) is considered the winning entrant.
Tiebreaker #3 - The entrant whose selection earned the most points in week 16 (or one week prior to the game that ended the streak) is considered the winning entrant.
Tiebreaker #4 - The entrant whose selection earned the most points in week 15 (or two weeks prior to the game that ended the streak) is considered the winning entrant.
Ties will continue using the previous week's selection until the tie is broken.
Second Tiebreaker Scenario
The entrant's predicted answer for the total combined points scored by all weekly selections during the streak is compared to the actual number of points scored to that point. The entrant with the smallest total difference between the predicted total and the actual total is considered the winning entrant. This entrant will now be the First Prize Winner.
In all cases, an entry that does not win a tiebreaker is eliminated from consideration.
- Umpires and referees. The decisions of the U.S. professional football officials responsible for officiating the game/s shall be final and binding regarding the outcome and scoring of each football game for the entire Contest Period.
- Contest Note. Should a game end in a tie after overtime participants will neither be recorded with a win or a loss. All active streaks will continue to the next week.
6. PRIZES.
a. The approximate retail value ("ARV") of all prizes is $5,750
b. Grand Prize -- Bose Lifestyle 38 Home Theater System (ARV: $3000)
Second Place Prize -- $500 Best Buy Gift Card (ARV: $500)
Third place prize -- $250 Best Buy Gift Card (ARV: $250)
c. Prizes will be awarded in the form of a Best Buy Gift Card. Gift Cards can only be used for future purchases at Best Buy retail locations in the U.S. or online at 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.
d. Odds of winning prizes depend on the total number of eligible entries received and the relative U.S. professional football knowledge of all Entrants.
e. 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.
f. 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.
g. 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.
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 Contest 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, or not award the prize, at it's sole discretion).
- CONDITIONS OF PARTICIPATION. As a condition of receiving a prize, potential 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 Promotion or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, Promoter, Best Buy Stores, L.P. 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).
- Publicity. Except where prohibited, participation in this Contest constitutes winner's consent to Sponsor and Promoter's 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.
8. CONTEST MODIFICATION: Sponsor reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this Contest 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 Contest; 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 such event, the winners will be selected by random drawing from all eligible entries received up to the time of such cancellation, termination or suspension, or in such other fashion as shall be considered equitable in the sole discretion of the Sponsor.
9. GAMBLING PROHIBITION: This Contest 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 Contest; (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 Contest; (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.
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 Contest 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) under no circumstances will any Entrant be permitted to obtain awards for and hereby 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 Contest will be used to administer the Contest, 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. Such requests must be received by Sponsor within thirty (30) days following the end of the Contest (i.e., by February 1, 2006).
Eliminator Challenge
c/o ESPN Internet Ventures
Marketing Department
19 East 34th Street
6th Floor
New York, NY 10016.
The Contest and all accompanying materials are copyright © 2005 ESPN Internet Ventures.
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