Taco Bell/104.5 The Zone Pro Football
Experts Club Game
2011 OFFICIAL GAME RULES
NO PURCHASE, CONTRIBUTION OR
PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50)
UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO
AND US TERRITORIES AND POSSESSIONS) WHO ARE AT LEAST 18 YEARS OF AGE. INTERNET
ACCESS REQUIRED. VOID WHERE PROHIBITED.
1.
GAME: This pro football experts club game (the "
Game") begins at 12:00:01
AM Eastern Time on August 5, 2011 and continues through the end of the “viewing
period� of posted Winners (as defined and described
in paragraph 6 below), which period shall end at 11:59 PM Eastern Time
on January 22, 2012 (the “
Promotion Period�). THIS GAME IS DEVISED AS A SKILL AND KNOWLEDGE-BASED
NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes.
From all eligible and valid entries received in connection with the
Game, eighteen (18) winners will be determined, as set out in paragraph 4
below, based on the Game participant’s ability to apply his/her skill and
knowledge concerning the game of football, professional football players and
professional football teams to select winning teams and predict scores during
the 2011 professional football season. In the
event that the eligible entrant that selects the most Winning Teams (as defined
in paragraph 4 below) during the course of the Game selects at least 207 of the
Winning Teams, as evidenced by such entrant’s Round Entries, such entrant will
win the $25,000 Ultimate Grand Prize, subject to the tie-breaking procedures
set forth in Section 4 below and full compliance with the other terms and
conditions set forth in these official rules (the “
Official Rules�).
Football
games played on Thursday will not be considered or counted for purposes of determining
any Player’s eligibility to win the Ultimate Grand Prize. Participation in
the Game is described, regulated and clarified by, and wholly subject to, the
provisions of these Official Rules.
2.
ELIGIBILITY: The Game is open only to (a)
individuals legally residing, for purposes of all applicable state and federal
tax laws, in one of the fifty (50) United States or the District of Columbia
(excluding Guam, Puerto Rico, and all other U.S. and foreign territories and
possessions) ("
Eligibility Area"),
(b) who are eighteen (18) years
of age or older at the time of Registration (as
defined in paragraph 3 below), and (c) who have the capacity to enter into
valid contracts in his/her personal jurisdiction of residence. The Game is VOID
outside of the Eligibility Area and where otherwise taxed, prohibited or
restricted. Directors, employees, agents, successors and assigness of Athlon
Sports Communications, Inc. (“
Athlon�)
and Taco Bell, Corp., Citadel
Broadcasting Company (104.5 the Zone), Vietti Foods, Inc., The Gulch, NCA Alarms, and Baptist Sports Medicine (collectively, “
Sponsor�),
and each of their respective affiliates, subsidiaries, franchisees,
advertising and promotional agencies, and their respective officers, directors,
employees, and agents, the immediate families of such persons (defined as
spouse, child, sibling, parent or grandparent or so-called “step� or “half’
variations of any of the preceding individuals), and those living in their same
households, are ineligible to play, win or collect prizes in the Game. Only
individuals meeting all eligibility requirements set forth in these Official
Rules, who validly and properly register for the Game as set out in paragraph 3
below, may participate in the Game or win a prize (“
Players�). Each Player is required to indicate his/her acceptance
to the Official Rules where indicated;
provided,
however, that any Player’s Registration or participation in the Game
constitutes and is deemed such Player’s full and unconditional agreement to the
Official Rules and any and all decisions of Sponsor, Athlon and any third-party
judges, which are final and binding in all respects. Players agree to waive any
right to claim ambiguity in the Game and/or these Official Rules.
3.
HOW TO REGISTER: At any time between 12:00:01 AM Eastern Time on August 5, 2011 and the Round
Entry Deadline (as defined below) on January 1, 2012 (the “
Registration Period�), each Player must visit www.tacobellpropicks.com
(the “
Site�), and follow the
registration instructions to register for the Game and acquire access to the
Game portion of the Site (“
Registration�).
In connection with such Registration, each Player will select a unique user
name and password, which shall be used by each Player in connection with
Player’s Game play. Player may also be asked to complete a short survey. Each Player shall indicate his/her acceptance of
these Official Rules, and provide the information requested in the
official entry form, which includes
Player’s name, e-mail address, physical address, telephone number and certain
other information requested by Sponsor. Player may be asked to consent to
receive promotional e-mails from Sponsor, its affiliates and/or authorized
agents. Completing the survey and
consenting to receive promotional e-mails are optional and refusal to so will
not render any Player ineligible to play the Game or win prizes or affect or
reduce any Player’s chances of winning.
Limit
one (1) Registration per person or email address.
4. HOW TO PLAY/ACCRUE POINTS & WIN PRIZES:
The Game will consist of seventeen (17) rounds of play (“
Rounds�) in which Players will have the
opportunity to predict winning teams and scores from a list of professional
football games that are provided for each Round. To play the Game, at any time
prior to the expiration of the Round Entry Deadline (as defined below), Player
will log-in to the Site and fully complete one (1) entry for such Round (“
Round Entry�) by (i) selecting the team
that Player thinks will win each football game matchup listed (each, a “
Predicted Team�), and (ii) predicting
the actual combined final point score total (the “
Predicted Score�) for the football game designated for such purpose
(the “
Bonus Game�);
provided, however, that Players
submitting Round Entries after the commencement of any Round will only have the
opportunity to select Predicted Teams and/or the Predicted Score for the listed
football games that remain completely “un-played� as of the time of such Player’s
submission of his/her Round Entry (“
Eligible
Game[s]�). Round Entries must be submitted electronically no later than
thirty (30) minutes prior to the final official scheduled “start� or “kick-off�
time for the Eligible Game(s) that are scheduled last-in-time for the
applicable Round (the “
Round Entry Deadline�). The clock
on Athlon’s database server shall be the official timekeeper for this Game.
In connection with a Round Entry, Player will receive
one hundred (100) points for each Predicted Team designated in Player’s Round
Entry that matches an actual winning team from the Eligible Games (a “
Winning Team�), and, in the event that
Player selected the correct Winning Team for the Bonus Game, Player will
receive additional bonus points in an amount equal to one hundred (100)
less the “Point Difference.� For
purposes of these Official Rules, the “Point Difference� is defined as the
numerical difference between
Player’s
Predicted Score and the actual combined final point total for the applicable
Bonus Game (the “
Actual Score�). In
the event that any Player that has previously participated in any Round or
Rounds submits his/her Round Entry after the commencement of a Round, or
otherwise fails to submit a Round Entry before the expiration of a Round Entry
Deadline, such Player will be assigned “automatic predictions� (“
Auto-Picks�) for the applicable Round’s
listed football games for which Player is unable to submit his/her predictions.
For purposes of the Game, each Auto-Pick will select the visiting team as the
Predicted Team for the applicable scheduled games, with the exception of Bonus
Games. There are no Auto-Picks for Bonus Games or Bonus Points awarded for
Auto-Pick games. Each Player will be assigned Auto-Picks for a maximum
of three (3) Rounds during the Game. For purposes of the Game, Player’s
cumulative number of points awarded during each Round shall be deemed such Player’s “
Total Round Score,� and the cumulative sum
of all of a Player’s Total Round Scores shall be deemed such Player’s “
Total
Game Score.� Players may
submit only one (1) Round Entry for each Round. Additional Round Entries from
any individual, using different e-mail addresses or any other system of
multiple entries, will be disqualified. Lost, late, illegible, incomplete or
misdirected Round Entries are not eligible.
Determining
Winners: The Game will
have one (1) winner per Round, and one (1) overall Grand Prize winner (each, a
“
Winner�). Subject to these Official Rules, the individual Player with
the highest Total Round Score in a Round will be the First Place Round Winner
for the applicable Round (a “
First Place Round Winner�). Subject to
these Official Rules, the individual Player with the highest Total Game Score
upon the conclusion of the Game, as set forth in these Official Rules, will be
the First Place Grand Prize Winner (the “
First
Place Grand Prize Winner�).
Round Tie-Breaking Procedure:
(a)
In the event of a tie between Players at the end of any Round, the Round Winner
will be that Player whose Predicted Score for such Round is closest to the
applicable Actual Score; and
(b) If such Players remain tied after the
Predicted Score tie-breaking procedure (as would be the case with identical
entries), the Round Winner will be that Player demonstrating superior knowledge
and confidence by submitting his/her Round Entry at the
earliest time,
based on the actual documented time of Player’s Round Entry as reflected in the
Athlon database server. Any Player who does not submit a Round Entry for a
particular Round will
not be eligible to win prizes for that Round,
regardless of whether Player was assigned any Auto-Picks.
First Place Grand Prize Tie-Breaking Procedure:
(a)
In the event of a tie between Players at the end of the Game, the applicable First
Place Grand Prize Winner between such tied Players will be that Player whose
Predicted Scores for each Bonus Game is closest to the Actual Scores of such
Bonus Game for the greatest number of Bonus Games (based on all Rounds); and
(b)
If such Players remain tied after the Predicted Score tie-breaking procedure
(as would be the case with identical entries), the applicable First Place Grand
Prize Winner will be that Player demonstrating superior knowledge and
confidence by submitting his/her Round Entries at the
earliest time, as
between the tied Players and based on the actual documented time of Player’s
entry as reflected in the Athlon database server, for the greatest number of
Rounds. Athlon and Sponsor reserve the right to award equal prizes to any tied
Players as long as the sum total of all prizes awarded is equal to the
approximate retail value (“
ARV�) of the prize designated for that prize.
GRAND PRIZE PRIZE DESCRIPTION
ARV
Ultimate
Grand Prize
|
Cash
|
$25,000.00
|
1st
place
|
42� HDTV
& Blueray player
|
$1,000.00
|
ROUND
PRIZE
1ST
PLACE PRIZE DESCRIPTION
ARV
1
|
Gift Card
|
$200.00
|
2
|
Gift Card
|
$200.00
|
3
|
Gift Card
|
$200.00
|
4
|
Gift Card
|
$200.00
|
5
|
Gift Card
|
$200.00
|
6
|
Gift Card
|
$200.00
|
7
|
Gift Card
|
$200.00
|
8
|
Gift Card
|
$200.00
|
9
|
Gift Card
|
$200.00
|
10
|
Gift Card
|
$200.00
|
11
|
Gift Card
|
$200.00
|
12
|
Gift Card
|
$200.00
|
13
|
Gift Card
|
$200.00
|
14
|
Gift Card
|
$200.00
|
15
|
Gift Card
|
$200.00
|
16
|
Gift Card
|
$200.00
|
17
|
Gift Card
|
$200.00
|
Upon the end of the Game, the $25,000 Ultimate Grand Prize
(“
Ultimate Grand Prize�) will be awarded to the Player, if any, that selects
the highest number of Winning Teams, provided at least 207 Winning Teams
(excluding all Thursday games) are correctly selected by such Player (the “
Ultimate Grand Prize Winner�). No
Thursday games will be counted or considered for purposes of determining any
Player’s eligibility to win the Ultimate Grand Prize.
In the event that no Player correctly selects at least 207 Winning
Teams, the Ultimate Grand Prize will not be awarded. In the event of a tie
between potential Ultimate Grand Prize Winners at the end of the Game, the
applicable Ultimate Grand Prize Winner will be that Player demonstrating
superior knowledge and confidence by submitting his/her Round Entries at the
earliest
time, as between the tied Players and based on the actual documented time
of Player’s entry as reflected in the Athlon database server, for the greatest
number of Rounds. Sponsor reserves the right to award equal prizes to all tied
Players where the aggregate value of all prizes awarded is equal to the ARV of
the prize designated for that prize.
5.
ABILITY TO WIN; ODDS: The Game is a game of skill. Each
Player’s ability to win depends solely on
(1)
his/her knowledge of the game of football and professional football history;
(2) his/her knowledge of the strengths
and weaknesses and both historical and recent performance of competing
professional football players and teams;
(3)
his/her skill and ability to apply his/her knowledge of the above in accurately
identifying which professional football teams will win when placed in specific
competition with other professional football teams during a particular time in
the professional football season;
(4)
his/her skill in assessing an individual football player’s effectiveness in a
specific game and statistically analyze and predict with accuracy the total
number of combined yards, passes and touchdowns likely to be earned by football
players in any given game;
(5)
his/her skill in assessing an individual football team’s effectiveness in a
specific game and statistically analyze and predict with some accuracy the
total number of combined yards, passes and touchdowns likely to be earned by
all football players on a team in a specific game against another team; and,
(6) the number of eligible Players
competing in the Game. The odds of
winning any prize depends upon a Player’s selections, and the total number of
participating Players and number of valid and eligible entries received.
6.
PRIZE AWARDING:
Upon confirmation of eligibility and execution of requested eligibility
and release documents, where legal, Winners will be awarded the prizes
described in paragraph 4 above. All prizes will be awarded, as applicable and
if claimed. Prizes may not be combined with any other offer. Winners will be responsible for any and
all federal, state, and local taxes incurred in winning and accepting any
prizes and all other expenses incurred in winning and accepting the
prizes. Dollar amounts are expressed
in U.S. currency. Winners may receive an IRS 1099 form reporting the value of
their prize. All gift certificates and/or gift cards awarded pursuant to this
Game shall be subject to the terms and conditions of the applicable
certificates and cards, and the laws and regulations of the Winner’s jurisdiction
of residence. By accepting a prize, Winners waive the right to
assert as a cost of winning their prize, any and all costs of redemption or
travel to redeem the prize. It is the responsibility of
Winner to make all necessary arrangements to redeem the prize, including
any costs of travel, unless Sponsor otherwise agrees to deliver prize to Winner
following identification of Winner and confirmation of eligibility. Any stated ARVs of prizes represent Athlon’s
good-faith determination of the retail value of the prize. All Winners will be initially
identified, subject to eligibility, no later than on or about seven (7)
business days following the date of the last game of the last Round (“
Effective Date�), by Athlon or its
agent, the judge of the Game, whose decisions are final and binding. Winners
will be notified by overnight mail and/or email, at Athlon’s discretion, on or
about fourteen (14) business days following the Effective Date (“
Notification�). Neither Sponsor nor
Athlon are responsible for any change in an participant’s mailing address,
email address and/or telephone number The complete identification of all
Winners will be posted on the “
STANDINGS�
page contained on the Site and will be available for viewing on or about the
Effective Date or may be viewed by emailing expertsclub@athlonsports.com. Such
names may also be acquired by sending a written request in a stamped,
self-addressed envelope to: Athlon Sports Communications, Inc., 220 25
th
Avenue North, Suite 200, Nashville, Tennessee 37203, Attn: Experts Club
Administration (residents of Vermont may omit postage). Winners must provide
positive identification in such form as is specified by Sponsor and/or Athlon
to claim a prize. Return of any Notification as undeliverable will result in
disqualification of Player and selection of an alternate Winner, in Sponsor’s
and/or Athlon’s sole discretion. Winning and claiming a prize in contingent
upon Winner’s provision of all information requested by Sponsor, in the
Notification or otherwise, subject to applicable law, and upon Winner
eligibility, validation and verification, as determined by Sponsor and/or
Athlon. All prizes must be
redeemed by each Winner no later than thirty (30) days following Athlon’s
confirmation of Notification. In the event of a dispute as to the identity of a
Player or Winner, the individual who was, at the time of Registration, as
determined by Athlon, the documented registered holder of the email account
used in connection with Registration for the Game will be deemed the eligible
Player or Winner, as applicable. It is the sole responsibility of the Player to
notify Sponsor or Athlon during the Promotion Period if his/her email address
or any other contact information changes.
The
sale, re-sale, auction, transfer or assignment of any autographed, branded or
promotional merchandise or any prize intended to be personal to the recipient
or the advertising of same in any way is strictly prohibited and any Player or
Winner found to have engaged in such activity will be immediately disqualified
and his/her prizes will be forfeited.
In no event will more prizes be awarded than those listed above in
paragraph 4. Sponsor and Athlon reserve the right to substitute any prize with
either the cash value of such prize or a prize or prizes of equal or greater
value, in the event any stated prize becomes unavailable. If the initially selected Winner cannot
be contacted, is ineligible, fails to claim a prize, or if the prize is
returned as undeliverable, the prize will be forfeited and an alternate Winner
will be selected, in Sponsor’s sole discretion. For purposes of this Game, the alternate winner, if
necessary, will be the Player with the next highest score immediately following
that of the disqualified Player, as determined by and set forth in these
Official Rules. Acceptance of a prize constitutes permission for Athlon,
Sponsor, and their respective designees to use of Winner’s name, likeness,
statements, voice, opinions, biographical information and state of residence
for promotional purposes in any media without notice, further payment,
consideration, credit, or right of approval or review (except where void or
prohibited by law). Winners will
be required to sign an affidavit of eligibility and liability release within
five (5) days of Athlon’s and/or Sponsor’s request (except where void or
prohibited by law).
7.
TERMINATION OR DISQUALIFICATION: To cancel any Player’s participation in
the Game, Player must send an email to expertsclub@athlonsports.com
requesting that his/her registration be terminated (“
Notice of Termination�). Player’s Registration will be deemed
terminated as of the date and time of Athlon’s receipt of the Notice of
Termination as reflected by Athlon’s e-mail server (“
Termination�). Upon Termination, Player may not participate in the
Game and any points accrued by Player will be forfeited. The use of robotic,
automatic, macro, programmed or like methods (including without limitation the
use of any promotion/game subscription, notification, entry or like sites or
service that offers Game entry services "on behalf of" Player) is
strictly prohibited. Neither Athlon
nor Sponsor is responsible for lost, interrupted or unavailable network server
or other connections, miscommunications, failed telephone or computer or
telephone transmissions or technical failure, jumbled, scrambled or misdirected
transmissions, other error of any kind whether human, mechanical or electronic
problems or technical malfunction of any telephone network or lines, computer
systems, servers, access providers, equipment, or software, failure of any
e-mail or entry to be received for any reason, traffic congestion on the
internet or at any website, or any other technical problems related to website
entries or any combination of the foregoing, including any injury or damage to
a Player's or any other person's computer. Persons found tampering with,
hacking, illegally registering for or abusing any aspect of the Game will be
immediately disqualified, in Athlon’s sole discretion. If disqualified for any
of the above abuses, Athlon will immediately terminate that Player’s
participation in the Game and future games or contests by Athlon and Player
will be ineligible to win or collect any prizes and must return any previously
received prizes awarded in connection with the Game upon Athlon’s or Sponsor’s request. Players further
acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall
in no way prevent Athlon from pursuing any remedies legally available in
connection with such conduct. Any violation set out in this paragraph or other
attempt to damage any website of Athlon and/or Sponsor, or tamper with or
undermine the legitimate operation of the Game, is a violation of these
Official Rules, as well as any and all applicable criminal and civil laws.
Sponsor and Athlon reserve the right to seek remedies and damages from any
Players or individuals acting in concert with any Player to the fullest extent
permitted by law. In the event any
portion of this Game is compromised by any virus, bugs, non-authorized human
intervention or other causes beyond the control of Athlon, which, in the sole
opinion of Sponsor or Athlon, corrupts or impairs the administration, security,
fairness or proper play of the Game, Athlon reserves the right to modify,
suspend or terminate the Game and the Game Winners will be determined from
among all eligible Players and entries received, and based upon the applicable
scores for such Players as of the date of the applicable action.
8.
LIMITATION OF LIABILITY: By registering for and participating in
the Game, each Player : (a) warrants that, if acting within the scope of
his/her employment, his/her
employer has full knowledge of and consented to Player’s participation in the
Game and that such participation does not violate his/her employer’s policies
and procedures, (b) agrees to comply with these Official Rules and the
decisions of Sponsor, Athlon and any third party judges, which shall be binding
and final in all respects; (c) agrees to comply with Athlon’s privacy policy,
available for review at www.athlonsports.com, and terms and conditions of the
Site; (d) agrees to release, discharge, indemnify and hold harmless Sponsor and
Athlon, and their respective officers, directors, employees, affiliates,
subsidiaries, advertising, promotion, fulfillment, marketing agencies, public
relation firms, consultants or contractors from any and all liability, claims
or actions of any kind whatsoever for injuries, damages or losses to persons
(including death) and property that may be sustained in connection with
participation in the Game and the receipt, ownership, possession, acceptance,
enjoyment, use or misuse of a prize, or while preparing for, participating in,
and/or traveling to any prize-related activity; (e) agrees to be contacted by
Sponsor and/or Athlon by mail, telephone and/or email; and (f) agrees that
he/she acknowledges that neither Athlon nor Sponsor makes any warranty,
representation, or guarantee, expressed or implied, in fact or in law, relative
to any prize, and disclaim all liability for the provision, quality or nature
of any third-party products or services provided to Winners.
IN NO EVENT WILL Athlon, SPONSOR OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, subsidiaries, advertising, promotion, fulfillment, marketing
agencies, public relation firms, consultants or contractors BE RESPONSIBLE OR LIABLE FOR ANY
DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION
IN THE GAME OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN
CONNECTION WITH THIS GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH
AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR
INVASION OF PRIVACY.
9.
PLAYER, GAME AND SITE INFORMATION AND
CONTENT: Any information
provided to Athlon and Sponsor by a Player in connection with Registration or
otherwise, including Players’ names, addresses, telephone numbers and e-mail
addresses will be used to administer the Game, communicate with Players in
connection with the Game, for purposes of fulfilling any applicable prizes, or
providing necessary notice, or as otherwise contemplated by these Official
Rules. Limited to the purposes outlined herein, Athlon will collect, use, and
protect personal data in accordance with Athlon’s privacy policy, available for
review at www.athlonsports.com.
Any personal information provided by a Player for the benefit of other Players,
including Player’s names, addresses, telephone numbers and e-mail addresses
will be disclosed at the Player’s own risk and neither Athlon nor Sponsor shall
have any liability in connection therewith. All data is proprietary to
Sponsor and/or Athlon and will not be provided to unrelated third parties or
returned to Player. Players are strongly cautioned to
exercise judgment and safety in the disclosure of personal information,
understanding that no on-line site or activity is completely impervious to
outside intervention or activity regardless of the level of security employed
by Athlon or Sponsor and that such information may be accessible to third parties.
No Player will transmit, post or blog false, harmful, offensive, violent,
obscene, hurtful or potentially damaging content or language of any kind or at
any time, understanding that such language may violate public, private,
federal, state or local rights or laws governing speech, activity disguised as
speech and/or any related public or personal interest, including each Player’s
right to play the Game without harassment or disregard for the rights and
values embodied in the Communications Decency Act and both common law and
federally and state-enacted legislation against violations of the Lanham Act,
slander, libel, defamation, hate speech, and gross and intentional disregard
for the feelings of others or oneself (“
Protected
Speech Rights�). No Player may attempt to attach any link, ancillary portal
or sub-site or upload or otherwise display any content on the Site or within
the Game without the express written permission of Athlon and Sponsor, which
may be withheld for any reason. Neither Athlon nor Sponsor is affiliated with,
endorsed by, or licensed by, any of the athletes or their sponsors, groups,
leagues, teams, educational institutions, or professional organizations
identified in connection with the Game and none are sponsors of or associated with
the Game in any way. All athletes, groups, leagues, teams, educational
institutions, professional organizations and other associated names and/or
designations, including any embedded or associated trademarks, logos and images
(“
Third Party Materials�) found on
the Site are the trademarks, brands or other protected content of their
respective owners and are used for acceptable, valid, and appropriate factual,
descriptive, identification and non-trademark purposes only and Athlon and
Sponsor are not owners of nor have any interest in the Third Party Materials,
including as a licensee. The Site is intended for informational and
entertainment use only. Any and all software, platforms, page or menu
organization, components, content, play mechanisms, proprietary functionality,
graphic or text materials, trademarks, service marks, brands, logos, slogans,
names, music, photos, videos, sounds or any other materials in or on the Game
or the Site that
are not
Third Party Materials or owned by
Sponsor (“
Protected Materials�),
including all acquired goodwill and market recognition associated with the
Protected Materials are the exclusive, valuable intellectual property of
Athlon, subject to copyright, trademark or other statutory protection, and may
not be copied, used, distributed, adopted, merged, or appropriated for any
purpose without the prior express written permission of Athlon. Any and all
graphic or text materials, trademarks, service marks, brands, logos, slogans,
names, or any other materials in or on the Game or the Site that are owned by
Sponsor (“
Sponsor Materials�),
including all acquired goodwill and market recognition associated with the
Sponsor Materials are the exclusive, valuable intellectual property of Sponsor,
subject to copyright, trademark or other statutory protection, and may not be
copied, used, distributed, adopted, merged, or appropriated for any purpose
without the prior express written permission of Sponsor.
10.
GENERAL INFORMATION: Athlon
reserves the right to modify the Official Rules at any time for the purposes of
clarifying and effectuating how the Game should be played, how the Game will be
scored, how Winners are determined, how tie-breaking procedures are applied,
how unanticipated ties are resolved, and what prizes will be awarded. Any changes to the Official Rules will
be reasonably made with the intention of not materially affecting the terms and
conditions of the Game. In the event of inadvertent computer or operator error,
the illegal or inappropriate activity of any Player, the unanticipated
application, failure or effect of Game mechanisms of play or individual
components, software or hardware, or force majeure events affecting the
schedule(s) of registration, Player entry, Rounds or entry deadlines, the
determination or notification of Winners, the application of tie-breaking
procedures, or the awarding of prizes, Athlon reserves the right to modify,
revise, add-to, nullify or utilize only in part the stated timing, commencement
or termination of any round, period, series, field, entry or promotion period
or schedule and/or, in its sole discretion, to implement substitute rounds,
periods, series, fields, entry or promotion periods or schedules, or portions
thereof, solely for purposes of conducting the Game in a fair and reasonable
manner and determining Winners on an equal basis and without unfairly
disqualifying otherwise eligible Players from winning prizes. All applicable
federal, state and local laws and regulations apply. Any and all disputes in
connection with the Game will be resolved exclusively in the appropriate courts
in Nashville, Tennessee. Should
there be a conflict between the laws of the State of Tennessee and any other
laws, the conflict will be resolved in favor of the laws of the State of
Tennessee. Each Player waives any
and all objections to jurisdiction and venue and hereby submits to the
jurisdiction of those courts. Any and all lawsuits or other disputes that arise
relating to the Game must be filed within one (1) year of the last day of the
Promotion Period. The failure of Athlon to exercise or enforce any right or
provision of the Official Rules shall not constitute a waiver of such right or
provision. If any part of the
Official Rules is held by a court of competent jurisdiction to be invalid or
unenforceable, that part will be enforced to the maximum extent permitted by
law and the remainder of the Official Rules will remain fully in force.
11.
RULES
AND WINNERS: To
obtain another copy of the Official Rules or to obtain the names of the
Winners, send a stamped self-addressed envelope to Athlon Sports
Communications, Inc., 220 25th Avenue North, Suite 200, Nashville,
Tennessee 37203, Attn: Experts Club Administration. Vermont
residents may omit return postage on the self-addressed envelope.
Presented by:
JA Partners (Taco Bell: 104 Continental Place Suite 300,
Brentwood,
TN
37027
Citadel Broadcasting Company (104.5 the Zone): 506 2
nd Avenue
South, Nashville, TN 37210
Vietti Foods, Inc.: 636 Southgate
Ave, Nashville, TN 37203
The Gulch: 50 4
th Avenue North, G150, Nashville, TN 37219
NCA Alarms: 3304 Charlotte Avenue, Nashville, TN 37209
Baptist Sports Medicine: 2021 Church St, Suite 200 Nashville, TN 37203
Produced and Administered
By: Athlon Sports Communications,
Inc., 220 25
th Avenue North, Suite 200, Nashville, Tennessee 37203,
Attn: Experts Club Administration. © 2010 Athlon Sports Communications, Inc.
All rights reserved.