Monday Night Football Over Under: Official Rules

OFFICIAL RULES:

1. THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA ONLY (EXCLUDING, WITHOUT LIMITATION, PUERTO RICO AND OTHER US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS CONTEST IF YOU ARE NOT LOCATED IN THE UNITED STATES (EXCLUDING PUERTO RICO AND OTHER US TERRITORIES), WASHINGTON, D.C. OR CANADA.

2. GAME OF SKILL; NO PURCHASE NECESSARY TO PLAY; WINNER SELECTION. THIS IS A GAME OF SKILL. WINNERS WILL BE DETERMINED BY THE OBJECTIVE CRITERIA SET FORTH BELOW. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of football rules to accumulate the most points during the Point Accumulation Period, defined in Section 9 below, for Monday Night Football Over/Under (the "Contest") according to the Scoring System (see below). No purchase is necessary to play or win.

3. ENTRY DATES; CONTEST PERIOD: Entries will be accepted beginning on Friday, September 7, 2001 at approximately 5pm PT ("Game Start") and ending Monday, December 17, 2001 at approximately 12am PT (see the MNF O/U Schedule page). For the purposes of these Official Rules, all times stated herein are Pacific Time ("PT"). Participation in this Contest from August 30, 2001 to September 10, 2001 is called the "Registration Period." Play during the time period of September 10, 2001 through December 17, 2001 is called the "Point Accumulation Period," with exception for the first weekend of games which will serve as a practice week. See Section 8 below for more details on entry.

4. ELIGIBILITY: Open to legal residents of the United States, (EXCLUDING PUERTO RICO AND OTHER US TERRITORIES), Washington, D.C. and Canada, except residents of the province of Quebec who may play and have their places noted in the standings, but are not eligible to win any prizes. Canadian winners will be required to take and pass a timed mathematical skill testing question. Employees and the immediate families of employees of ESPN/Starwave Partners d/b/a ESPN Internet Ventures ("EIV"), ESPN, Inc., The Walt Disney Company, ABC, Inc., The Walt Disney Internet Group, Microsoft, MSN, Verizon Wireless, their affiliates, distributors, divisions subsidiaries, licensees, sponsors, licensed retailers, advertising and promotion agencies and Contest promotional partners are not eligible to participate in this Contest.

5. GAMBLING PROHIBITION: This Contest may not be used in connection with any form of gambling.

6. DISCLAIMER; CONSENT: ESPN, Inc., Walt Disney Company, and Walt Disney Internet Group, Microsoft, MSN, and any subsidiary or affiliate of any of the foregoing will not be responsible for: (a) any late, lost, garbled, misdirected, incomplete, or damaged entries; (b) any Contest disruptions, injuries, losses or damages caused by events beyond the control of EIV; or (c) any printing or typographical errors in any materials associated with the Contest. By entering the Contest, the entrant consents to placement on a mailing list for promotional and other materials, and grants to EIV, ESPN, Inc., Walt Disney Company, and the Walt Disney Internet Group the right to use and publish the entrant's proper name, state or province of residence, score, and ranking online and in any other media in connection with the Contest, unless prohibited by law. In the event that any or all of a particular college game(s) is postponed, terminated early, or canceled for any reason, EIV reserves the right to award prizes based on scores at the time the game is disrupted, or to cancel, modify or suspend the Contest at its discretion.

7. ENTRY: You can enter at any time from August 30, 2001 until December 17, 2001, but your points will only accrue from the time that you first enter. In order to earn points for any one game, you must have a valid entry prior to the first kickoff of the Monday night game that week. In order to maximize the opportunity to accrue the most points, register and set your entry no later than 10 minutes prior to the kickoff of the first Monday night game of the NFL season (Monday, Sept. 10 at 6:00pm PT). This is the start of the Point Accumulation Period in which the points you earn count toward your final score. Any participation in the Contest during the Registration Period does not count toward your final score.

To enter, go to the Registration Page. Only online entries through the registration page, and via a WAP enabled wireless phone will be accepted. No faxed, mailed, e-mailed, or phoned in entries are allowed. Entrants must have Internet access on or prior to the date they enter the Contest to be eligible to participate. You must be a registered user of espn.go.com to enter. Registration is free. Users can enter by registering in one of the following ways:

a) Existing espn.go.com members should sign in to the system with their current member name and password. No other additional information will be requested. TO ENTER THE CONTEST VIA A WAP ENABLED PHONE YOU NEED TO ALREADY HAVE AN ESPN.GO.COM ACCOUNT.

b) Members who are not espn.go.com members can register by clicking on the link located on the frontpage. These users will be asked to provide their name, address, e-mail address, gender, birthday and to select a username and password.

Minor policy: Entrants under the age of 18 must first obtain permission of parent/legal guardian before entering online. Minors may enter only after becoming a registered user and providing their parent or legal guardian's e-mail address. EIV will notify the parent or legal guardian when their child has become a registered member of espn.go.com.

Limit one (1) entry per person or e-mail address. If more than (1) entry is received per person or e-mail address that person will not be eligible to win prizes. Entry is not valid if it does not include your first and last name, complete mailing address, country, age and a valid e-mail address. All materials become the property of EIV and none will be returned. After entering, entrants may access their team to track performance. Entrants' name and standing may be listed on the espn.go.com website.

In the event of a dispute about the identity of the online entrant, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide EIV with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

8. HOW TO PLAY: After registering, contestants can participate in the game. The objective of the contest is to is to make as many correct over/under selections as possible in order to accumulate the most number of points.

A correct selection counts as one point. Be certain to enter your tiebreaker predictions, which can be changed multiple times up until the game locks for each weeks game.

9. SCORING: Contestants receive one point for each correctly selected correct pick. They receive no points for an incorrect selection. Contestants must obey all applicable restrictions associated with the contest they join. In particular, they must make sure their picks are submitted by the deadline. Any selections submitted after the deadline are considered invalid, and no points will be given for them. For overall prize purposes, scores are accumulated over the entire Point Accumulation Period. Contestants who begin participation after the start of the Point Accumulation Period has begun will receive no points for any games that they have missed.

Late start notice: Due to the late launch of the MNF O/U contest, the first week's game between New York and Denver will not count in the overall standings. Points for the will start the second MNF game of the season between Minnesota and Baltimore.

10. PRIZES/WINNER SELECTION: One (1) Grand Prize winner, one (1) Second Place Winner, one (1) Third Place Winner, and one (1) Grand Prize Weekly Winner will be chosen using the following criteria. Prizes will be awarded at the end of the Point Accumulation Period to the contestants whose entries have accumulated the most points over the entire Point Accumulation Period.

GRAND PRIZE (1): The owner who accumulates the highest point total (and wins any pending tiebreaker) will win a Compaq laptop. (Estimated Retail Value (ERV) US$2,000)

SECOND PLACE (1): The owner who accumulates the second highest point total (and wins any pending tiebreaker) will win a Compaq iPAQ. (ERV US$600)

THIRD PLACE (1): The owner who accumulates the third highest point total (and wins any pending tiebreaker) will win a Compaq Personal Audio (MP3) Player. (ERV US$300)

The prizes will be awarded at the end of the Contest Term to the contestants whose entries have accumulated the most points over the entire Contest Term (as defined in How to Play). In the event of a tie between two or more entries for the overall prizes at the end of the term, the winning entry will be determined by the following tiebreakers, in order of listing:

Tiebreaker #1 - Higher number of points scored for Week 14
Tiebreaker #2 - Higher number of points scored for Week 13
Tiebreaker #3 - Higher number of points scored for Week 12
Tiebreaker #4 - Higher number of points scored for Week 11
Tiebreaker #5 - Higher number of points scored for Week 10

MNF O/U Schedule page

Tiebreakers will continue backwards from week 10 until week 1. In all cases, an entry that does not win a tiebreaker is eliminated from consideration. In the event that there is still at tie, all remaining eligible entries will be entered into a random drawing for the prize.

WEEKLY WINNERS (75): The teams with the top five (5) scores in each weekly period will receive a ESPN Football hat. Each Weekly Winner will receive an ESPN hat (approximate retail value of US$10 per hat). If, in any week, two or more participants tie for the highest score in such week, the participant that wins the below tiebreaker will be the weekly winner and awarded the ESPN Football hat.

WEEKLY WINNER GRAND PRIZE (1): The owner of the team with the highest score in any one Weekly (Monday) Period out of all the eligible entrants for that week will be that week's Weekly Winner. Each Overall Weekly Winner in the Game, will also have their name submitted in a random drawing for the Weekly Winner Grand Prize to be held at the conclusion of the game, in which the names of all such eligible Weekly Winners will be entered in a random drawing to receive one Compaq iPAQ. (ERV US$600)

Weekly Winner Tiebreaker - The predicted Monday Night Game scores are compared to the actual Monday Night Game score for that week. The differences between the predicted scores and actual scores for each team are calculated and added. The entry with the smallest total difference is considered the winning entry. In the event that there is still at tie, all remaining eligible entries will be entered into a random drawing for the prize.

Total approximate retail value of all prizes: $4,250.

Actual model, color, accessories and features of prizes awarded shall be selected by EIV in its sole discretion and may vary from photos used in print, EIV advertising, and in electronic and web banner advertising including the ESPN.com web site.

See prizes for more information.

Winners will be notified by e-mail, phone, U.S. mail and /or overnight courier within seven (7) days after the determination date. Prize winners must sign and return an affidavit of eligibility and publicity/liability release within ten (10) days following attempted notification on prizes worth over $500. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Any prize/prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. It is the responsibility of the entrant to keep all mailing and e-mail information up-to-date and accurate. Winners should allow up to 6-8 weeks after they return their signed, notarized affidavit to receive their prize.

By accepting a prize, the winner grants permission to EIV to use their names, photographs, likenesses, voices, prize information and/or biographical information for publicity and promotional purposes without further compensation, unless prohibited by law. If a winner is disqualified an alternate winner will be selected.

Prizes are not transferable and no substitution of prizes is permitted except that EIV reserves the right to substitute a prize of equivalent value or greater if a prize is unavailable. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES AND ANY SHIPPING OR HANDLING CHARGES ARE THE SOLE RESPONSIBILITY OF THE WINNER.

11. TERMS: Contest entrants agree to abide and be bound by the terms of these Official Rules and by the decisions of the judges, which are final on all matters pertaining to this Contest. This Contest is governed by, and these rules will be construed and interpreted pursuant to, the laws of the United States. All federal, state and local laws and regulations apply. All federal, state and local taxes, and all income and any other taxes, fees and surcharges will be the sole responsibility of the prize winner. EIV, ESPN, Inc., The Walt Disney Company, the Walt Disney Internet Group, and participating promotional companies (and the affiliates and subsidiaries of each) and agencies (i) make no warranty, guaranty or representation of any kind concerning any prize, (ii) disclaim any implied warranty; and (iii) are not in any way responsible or liable for damage, loss or injury resulting from altered, late, lost, damaged, misdirected, mutilated, inaudible, illegible or incomplete entries, or human, telephone, computer, online, or technical malfunctions or failures (including busy lines and disconnections), or acceptance and use of a prize or travel in connection with such prize. Winner assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession or use of any prize.

By entering, participants agree that no claim relating to such damages, losses or injuries shall be asserted against EIV, ESPN, Inc., The Walt Disney Company, the Walt Disney Internet Group, any of their affiliates, or their respective parents, subsidiaries, directors, officers, principals, shareholders, employees or agents. By accepting a prize, winner agrees to release and hold EIV harmless from any and all damages, losses, rights, claims and actions of any kind resulting from the acceptance, possession or use of any prize, including without limitation, personal injuries, death and property damage.

EIV is not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prizes. By entering the Contest, entrants consent to being placed on a mailing list for promotional and other materials.

12. CONDUCT: The Official Rules will be posted at the Contest web site throughout the Contest. EIV reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or web site; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. EIV reserves the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Contest.

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EIV RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

13. LIMITATIONS OF LIABILITY: EIV is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error that may occur in the processing of submissions in the Contest. EIV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, entries. EIV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or entrants due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of EIV, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, EIV reserves the right at its sole discretion to cancel, terminate, or suspend the Contest and in such event, to select winner by random drawing from all valid entries received up to the time of cancellation, termination or suspension. This Contest is subject to these Official Rules and How to Play, and any other rules sets expressly referenced herein. Contest entrants agree to abide by the terms of these Official Rules and by the decisions of the judges, which are final on all matters pertaining to this Contest. EIV reserves the right to change these Official Rules at any time, in its sole discretion. This promotion is subject to these complete and Official Rules available at espn.go.com.

14. RULES; WINNERS LIST: This Contest is subject to these Official Rules and How to Play, and any other rules sets expressly referenced herein. Contest entrants agree to abide by the terms of these Official Rules and by the decisions of the judges, which are final on all matters pertaining to this Contest. EIV reserves the right to change these Official Rules at any time, in its sole discretion. This promotion is subject to these complete and Official Rules available at espn.go.com. For a copy of the Official Rules, mail a self-addressed stamped envelope within 30 days of the end of the Contest to:

ATTN - MNF Over/Under
c/o ESPN Internet Ventures
506 Second Avenue, Suite 2100
Seattle, WA 98104

Within 30 days of the end of the Contest, a winner's list may be obtained one week after the conclusion of Contest by sending a SASE to the address above. Residents of Washington and Vermont may omit postage.

15. HEADERS: The section headers contained herein are provided for convenience purposes only and shall not be used to modify or interpret the terms of these Official Rules.

16. SEVERABILITY: In the event that any provision of the Official Rules is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the Official Rules shall remain valid and enforceable according to its terms. The parties intend that the provisions of the Official Rules be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable.

This contest is sponsored by EIV, 506 Second Avenue, Suite 2100, Seattle, WA 98104.

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