RULES: LEGAL RESTRICTIONS
THIS PROMOTION IS INTENDED FOR PLAY ONLY WITHIN THE UNITED STATES (AND THE DISTRICT OF COLUMBIA). U.S. LAW GOVERNS THIS PROMOTION.
- ELIGIBILITY: NO PURCHASE NECESSARY. ESPN Fantasy Baseball 2009 (the "Promotion") is open only to legal residents of the 50 United States and Washington D.C. (EXCLUDING PUERTO RICO, AND OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES) who are thirteen (13) years of age or older as of the date of entry, and are registered members of ESPN.com. Eligible entrants who are eighteen (18) years of age or younger may play for free in standard and custom "Free Leagues." Eligible entrants who are eighteen (18) years of age or older may (i) play for free in standard and custom "Free Leagues" and (ii) pay an entry fee to play in standard "Premium Leagues." IF YOU ARE A RESIDENT OF ARIZONA, IOWA, LOUISIANA, MARYLAND, MONTANA, NORTH DAKOTA, TENNESSEE, VERMONT, OR WASHINGTON STATE, YOU ARE PERMITTED TO MAKE A PURCHASE AND PLAY IN PREMIUM LEAGUES, BUT YOU ARE NOT ELIGIBLE TO WIN ANY PRIZES LISTED HEREIN. Employees of (i) Sponsor (defined in Section 3), Promoters (defined in Section 3) or their respective affiliates, and (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. This Promotion is void where prohibited by law.
- ACCEPT OFFICIAL RULES. Participation constitutes entrant's full and unconditional agreement to these official rules (the "Official Rules") and to Sponsor's 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.
- SPONSOR; PROMOTERS. This Promotion is sponsored by ESPN/Starwave Partners d/b/a ESPN Internet Ventures (the "Sponsor"). To the extent any advertisers are associated with the Promotion, each such advertiser shall be deemed a "Promoter" for purposes of these Official Rules. Additional advertisers associated with the Promotion, including Best Buy Stores, L.P., shall be deemed a Presenter (Presenter) for purposes of these Official Rules.
- ENTRY PAGE. To access the Promotion, log-on to Fantasy Baseball Frontpage (http://games.espn.go.com/frontpage/baseball).
- 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.
- 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, birth date, 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 Fantasy Game page, then clicking on the Change Account Information link and following the instructions.
- Already a Member. If you are already a member (or if you are a member of one of the 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.
- 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 the Promotion.
- Password. You are responsible for the secrecy of your password. Sponsor, Promoters and other third parties are not responsible or liable for any actions taken using your password.
- TIMING. The Promotion begins on Tuesday, February 3, 2009 and ends on the final day of the U.S. professional baseball season (currently Sunday, October 4, 2009) (the "Promotion Period"). The deadline to join the Promotion's full season game is 5:00 pm on Sunday, April 5, 2009. The final draft day for Promotion will be April 5, 2009. Teams must be drafted by Sunday, April 5, 2009 at 7:00 pm Eastern Time in order to qualify for full season overall prizes. For purposes of these Official Rules all times are Eastern Time. ("ET").
- HOW TO ENTER.
- Enter Online. Log on to Fantasy Baseball front page during the Promotion Period.
- No Entry Fee; Premium Standard Leagues - There is no entry fee required to participate in the Promotion. However, to create or join a premium standard league and compete for prizes you will need to purchase a prize-eligible team. The pricing is as follows (an additional $5 discount applies for those who already have a current season Prize Eligible team, and an additional 10% discount for ESPN Insiders applies to the prices listed below):
Offer Start Date End Date Price One Team 2/3/2009 10/4/2009 $29.95 Three Pack 2/3/2009 10/4/2009 $49.95 Five Pack 2/3/2009 10/4/2009 $69.95
- More than one (1) entry is allowed per Fantasy Baseball account, provided that you don't own more than one (1) team in a single league, as described in the rules under Fair Play and Conduct.
- Mechanics of entry. Only entries received online in accordance with these Official Rules will be accepted. No other forms of entry - fax, mail, email, phone or other - will be accepted.
- Void. 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 Promotion Period if his or her e-mail address changes. To do so, click on the member services link on any ESPN.com page fantasy game 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 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.
- 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 e-mail address and/or password associated with the winning entry.
- Entrants may cancel their team and receive a full refund of any fees up until the time their team is drafted. Once a team is drafted, no refunds will be given unless technical failures significantly disrupt normal game play. Sponsor agrees that it will terminate entrant's account upon notice from entrant.
- HOW TO PLAY. See the Game's Rules & How To Play page for a full rundown on the game.
- PRIZES/WINNER SELECTION/APPROXIMATE RETAIL VALUE/ODDS OF WINNING.
i) The Promotion runs from Sunday, April 5, 2009 through the final game of the MLB season. Teams must be drafted prior to 7:00 pm on Sunday, April 5, 2009 AND be in a prize eligible league in order to qualify for overall prizes. Winners will be determined on or about Saturday, October 31, 2009. To be eligible for prizes, teams must be in a Prize-Eligible Fantasy Baseball league (as defined in our Official Rules, located here for standard leagues.)
- OVERALL PRIZES
i) OVERALL ROTISSERIE PREMIUM LEAGUE PRIZES: The team that has the highest full season overall adjusted score in Rotisserie Prize-Eligible Fantasy Baseball leagues AND wins his/her league championship at the end of the playoffs will be the Grand Prize winner. The team that has the second highest full season overall adjusted score in Rotisserie Prize-Eligible Fantasy Baseball leagues AND wins his/her league championship at the end of the playoffs will be the second place prize winner. The team that has the third highest full season overall adjusted score in Rotisserie Prize-Eligible Fantasy Baseball leagues AND wins his/her league championship at the end of the playoffs will be the third place prize winner.
(a) Grand Prize (1): Trip for two to Anaheim the weekend of July 13, 2010, round-trip airfare, 3-day/2-night hotel accommodations and a game package that includes a $500 dollar Best Buy gift card (subject to terms on gift card), game console, and a Dream Seat sport themed leather recliner. (Approximate Retail Value ("ARV"): $7,000).
(b) 2nd Place (1): Chair Pack. Chair package includes an $500 dollar Best Buy gift card (subject to terms on gift card), game console and a Dream Seat sport themed leather recliner (ARV: $2000).
(c) 3rd Place (1): A $500 dollar Best Buy gift card (subject to terms on gift card) (ARV: $500).
OVERALL HEAD-TO-HEAD PREMIUM LEAGUE PRIZES. The team that has the highest full season overall adjusted score in Head to Head Prize-Eligible Fantasy Baseball leagues AND wins his/her league championship at the end of the playoffs will be the Grand Prize winner. The team that has the second highest full season overall adjusted score in Head to Head Prize-Eligible Fantasy Baseball leagues AND wins his/her league championship at the end of the playoffs will be the second place prize winner. The team that has the third highest full season overall adjusted score in Head to Head Prize-Eligible Fantasy Baseball leagues AND wins his/her league championship at the end of the playoffs will be the third place prize winner.
(a) Grand Prize (1): Trip for two to Anaheim the weekend of July 13, 2010, round-trip airfare, 3-day/2-night hotel accommodations and a game package that includes a $500 dollar Best Buy gift card (subject to terms on gift card), game console, and a Dream Seat sport themed leather recliner. (Approximate Retail Value ("ARV"): $7,000)
(b) 2nd Place (1): Chair Pack. Chair package includes an $500 dollar Best Buy gift card (subject to terms on gift card), game console and a Dream Seat sport themed leather recliner (ARV: $2000)
(c) 3rd Place (1): A $500 dollar Best Buy gift card (subject to terms on gift card) (ARV: $500).
ii) LEAGUE PRIZES: The top overall team ranked the highest in its fantasy baseball league at the end of the season will have the choice of a Fantasy Baseball 2009 League Champion T-Shirt, Mini Banner or Trophy. (ARV: $15 per League Winner (including shipping)). Entrants who have won two or more of their leagues will have the choice of a Fantasy Baseball 2009 League Champ long sleeve T-Shirt, hooded shirt, or a sports bag. League winners can also co-mingle their current points with previously won points and redeem them for other general merchandise.
Total ARV for all prizes: $19,000
c) 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. 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.
d) Actual model, color, accessories and features of all prizes awarded shall be selected by Sponsor in its sole discretion and may vary from photos used in print, advertising, and in electronic and web banner advertising including the ESPN.com Web site.
e) In the event of a tie, a team's league points will be carried out to as many decimal places as necessary to determine a winner.
f) Odds. Odds of winning prizes depend on the total number of eligible entries received and the relative U.S. professional baseball knowledge of all entrants.
g) All teams contending for overall prizes will inspected by the league office for collusion. The commissioner reserves the right to remove teams at their discretion from the leaderboard and award prizes to the next highest winner.
h) 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.
i) Prize Delivery. Overall 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. League Winners should allow 6-12 weeks from the conclusion of the Promotion Period to receive their prize.
j) No Warranty. Entrants acknowledge that Sponsor and Promoter and its or 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. All teams contending for overall prizes will be inspected by the league office for collusion. The commissioner reserves the right to remove teams at their discretion from the leaderboard and award prizes to the next highest winner.
- POTENTIAL WINNERS.
- Verification. ALL POTENTIAL WINNING PLAYS 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. Potential winners will be notified via email (or overnight mail) sent within fifteen (15) business 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.
- 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 rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within five (5) 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 its sole discretion).
- 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.
- 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, 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.
- Publicity. Except where prohibited, participation in this Promotion constitutes winner's consent to Sponsor's 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.
- CONDITIONS OF PARTICIPATION.
- 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.
- 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). In the event that the U.S. professional baseball season is postponed, terminated early, or cancelled for any reason (such as a strike or lockout), Sponsor reserves the right to award prizes based on scores at the time the season is disrupted, or to cancel, modify or suspend the Promotion at its discretion.
- 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 prizes, or the prizes will be awarded in such other manner deemed fair and appropriate by Sponsor.
- Background Check. Sponsor reserves the right to conduct a background check of any and all records of any winner/travel companion, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, winner/travel companion shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by winner/travel companion in his/her interview. In that regard, winner/travel companion will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify a winner/travel companion based on the background check, and select an alternate.
- GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
- 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 or 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.
- 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.
- 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. Requests must be received within thirty (30) days following the end of the Promotion (i.e., by November 4, 2009). Residents of Vermont may Omit return postage.
ESPN Fantasy Baseball
c/o ESPN Internet Ventures Marketing Department
19 East 34th Street, 6th Floor
New York, NY 10016.
- 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 Ventures.