Official Rules

Swisher Pro Football Experts Club Game

2012 OFFICIAL GAME RULES

 

NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.

 

1.             GAME:  This pro football experts club game (the "Game") begins with the commencement of the Registration Period at 12:00:01 AM Eastern Time on July 23, 2012 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 20, 2013 (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, eighty-five (85) 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 2012 professional football season. Participation in the Game is described, regulated and clarified by, and wholly subject to, the provisions of these official rules (“Official Rules”).

 

                2.             ELIGIBILITY:  The Game is open only to (a) individuals, who, as of the beginning of the Registration Period (as defined below), are 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 ("Eligibility Area"), (b) who are twenty-one (21) 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. Employees and directors of Athlon Sports Communications, Inc. (“Athlon”) and Swisher International, Inc. (“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”). One entry per person. Additional entries from any individual using different email addresses will be disqualified and destroyed. 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 July 23, 2012 and the Round Entry Deadline (as defined below) on December 31, 2012 (the “Registration Period”), each Player must visit http://swisher.footballexpertsclub.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 such 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 theofficial entry form, which includes Player’s name, e-mail address, physical address, telephone number and certain other information requested by Sponsor. Each 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 consent 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 betweenPlayer’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.” 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 five (5) winners per Round (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”), and the four (4) individual Players with the next highest Total Round Scores (in descending order) in such Round, as set forth in these Official Rules, will be the Second Place Round Winner though the Fifth Place Round 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. 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.

 

ROUND PRIZE   

1ST PLACE                                            PRIZE DESCRIPTION                        ARV

Rounds 1 - 17

Grill / cooler / two (2) chairs

$175.00

 

ROUND PRIZE   

2nd – 5TH PLACES                               PRIZE DESCRIPTION                        ARV

Rounds 1 -17

Swisher Sports t-shirt

$15.95

 

 

                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, 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. 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 value of the prize, which estimation includes a calculation of the retail value plus any applicable service fees, costs, premiums or other additional amounts incurred by Athlon in connection with the procurement and/or awarding of the applicable 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”) and must respond to the Notification with ten (10) days of the date sent or his/her prize may be forfeited in Sponsor’s sole discretion. Neither Sponsor nor Athlon are responsible for any change in an participant’s mailing address, email address and/or telephone number. 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 may result in disqualification of Player and selection of an alternate Winner, in Sponsor’s sole discretion. Winning and claiming a prize is 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 fourteen (14) 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 within the specified period of time, is ineligible, fails to claim a prize, or if the prize is returned as undeliverable, the prize will be forfeited and an alternate Winner may 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 thatare notThird 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: 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. 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 or unrelated third party, the unanticipated application, failure of Site function, effect of Game mechanisms of play or individual components, software or hardware, any change of law, general market conditions or industry custom relevant to identical or similar programs or games, any force majeure events affecting the commencement, timing, operation, schedule(s) of registration, Player entry, Rounds or entry deadlines, the accrual or calculation of points, the determination, notification or posting 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, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute rounds, periods, 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 the State of Tennessee.  Should there be a conflict between the laws of the State of Tennessee and any other law, 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 and/or Sponsor 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: Following the end of the Game and identification of the Winners, the complete list of all Winners will be posted on the “Standings” page contained on the Site for a period of 60 days, or may be viewed by emailing expertsclub@athlonsports.com. Such names also may be acquired by sending a written request in a stamped, self-addressed envelope to:  Athlon Sports Communications, Inc., 2451 Atrium Way, Suite 320, Nashville, Tennessee 37214, Attn: Pro Football Experts Game Administration (residents of Vermont may omit postage).

 

Presented By: Swisher International, Inc. 459 East 16th Street, Jacksonville, Florida 32206

 

Produced and Administered By:  Athlon Sports Communications, Inc., 2451 Atrium Way, Suite 320, Nashville, Tennessee 37214, Attn: Experts Club Administration.

 

© 2012 Athlon Sports Communications, Inc.

The Game and all accompanying materials are © 2012 Athlon Sports Communications, Inc. All rights reserved.