Swisher Pro Football Experts Club
2008 OFFICIAL GAME RULES
1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS
NECESSARY TO ENTER OR WIN: This Game
("Game") begins at 12:00:01 AM Eastern Time on August 11th, 2008 and continues through
17 additional rounds of play (“Rounds”), ending at
11:59:59 PM Eastern Time on December 28th, 2008 (“Game Period”). THIS GAME IS
DEVISED AS A NON-GAMBLING PROMOTION and is intended solely for entertainment
purposes. From all eligible entries received, Winners will be determined based
on their ability to use their skill and knowledge of professional football
players and teams to accumulate the most points in the Game during the
2008/2009 football season.
2. ELIGIBILITY: The Game is open to legal residents of one of
the 50 United States or the District of Columbia (excluding Guam, Puerto Rico,
other U.S. and foreign territories and possessions outside the 50 states and
where otherwise void, prohibited or restricted by law) ("Eligibility Area")
who are 21
years of age or older at the start of the Game Period and have the
ability to enter into valid contracts in their personal jurisdiction of
residence. Only eligible individuals may enter (“Player[s]”). One entry per Player per Round. Additional entries from any
individual using different e-mail addresses will be disqualified. Employees and
directors of Athlon Sports Communications, Inc. (“Athlon”) and Swisher
International, Inc. (“Sponsor”), and their affiliates, subsidiaries,
franchisees, dealers, advertising and promotional agencies, officers,
directors, employees, and agents, their immediate families (defined as spouse,
child, sibling, parent or grandparent), and those living in their same
households are ineligible to play the Game or win or collect prizes.
Participation by any Player constitutes his/her acceptance and agreement to
these Official Rules and to the decisions of Sponsor and Athlon, 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 ENTER: Beginning 12:00:01 AM Eastern Time on August 11, 2008 and throughout
the Game Period, Players may log on to www.swishersports.com (“Site”) and follow the instructions to complete the
entry form, including Player’s name, e-mail address, physical address, and
telephone number. Each Player will create a user name and password for
subsequent visits to the Site and may be asked to answer survey questions or
consent to receive promotional e-mails. Consenting to receive promotional
e-mails is 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. Following registration and beginning on September 7, 2008,
Players will, by following the
instructions, try to select the winning teams of each football game of each
Round, predict the actual score of the
“Bonus” Game ("entry" or "entries"), and submit his/her
entry. Players must submit their entries electronically no later than fifteen
(15) minutes prior to the official NFL scheduled start time (Eastern Time Zone)
of each game of each Round (“Entry Deadline”). Late entries will be
disqualified. In order for any entry to be valid, Players must indicate their
acceptance of the Official Rules. Player data will be used to administer the
Game, contact Players and Winners. Players may receive Game-related e-mails,
which each Player may opt out of at any time. All data is proprietary to Athlon
and Sponsor and will not be used for third party solicitations. Lost, late,
illegible, incomplete or misdirected entries are not eligible. Neither Athlon
Sports nor Sponsor are responsible for any 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. In the case of multiple entries, the Player’s last entry received
will be deemed the Player’s official entry for purposes of winning prizes.
4. HOW TO PLAY and ACCRUE POINTS: During each Round of the Game, Players will go to the appropriate page on the Site
listing that Round’s group of football games, including a Bonus game, and must
predict the winning team of each game. Players receive 100 points for each team
that they correctly predict as the winner of each game (“Winning Team”).
Players can also earn Bonus Points each Round by predicting the actual score of
the Bonus game. If a Player predicts the correct Winning Team of the Bonus
Game, the Player receives Bonus Points equal to 100 points less the Point Difference (the number of points between the Player’s predicted score for
both the winning and losing teams of the Bonus Game and the actual score for
both the winning and losing teams of the Bonus Game). Round Winners are those
Players with the highest descending number of overall points in the particular
Round. The Grand Prize Winner is that Player with the highest number of overall
points for the entire Game. In the case of a tie between potential Round Winners
or Grand Prize Winners, the Winner will be that Player submitting the winning
entry at the earliest time, based on
the actual documented time of the e-mail transmission. If a
Player who has previously participated in a Round or
Rounds fails to make picks by the Round Entry Deadline, that Player will be
assigned an “automatic prediction” for that Round identifying the visiting team as the winning team for
each of that Round’s scheduled games with the exception of Bonus Games. Players
will be assigned and receive points for an “automatic prediction” for a maximum
of three (3) Rounds. Players may cancel their participation in the Game by sending an
email to expertsclub@athlonsports.com,
requesting that he/she be removed and all of Player’s points will be forfeited.
5. ODDS
OF WINNING: This Game is a game of
skill and a Player’s chances of winning depends on his/her skill and ability to
pick winning teams and accrue more points than other Players in the Game and his/her ability to accurately
predict final scores. The odds of winning any prize depends upon the Player’s
selections and the total number of Players and eligible entries received.
6. PRIZES
and PRIZE AWARDING: All prizes will
be awarded. The following prize schedule will be used for the Game:
One Grand Prize: Grand
Prize Winner receives a trip for two (2) to Las
Vegas, Nevada, including three (3) nights deluxe hotel accommodations,
breakfast daily up to $20.00/person per day, $150.00 additional meal credit at
hotel, round trip coach class airfare from a commercial airport near Winner's
residence, ground transportation to and from airport and planned events,
a welcome gift,
$200 spending money for activities of Winner’s choice, and two (2) $300.00
Canyon Ranch Spa Club gift certificate. (ARV: $3500.00.) All other meals, gratuities, transportation
and other expenses not specified are the sole responsibility of the Winner.
Trip is subject to availability and blackout dates. All travel must be completed
by February 11, 2009. Winner and his/her guest must travel together. Winner and
guest must sign risk waivers and hold-harmless releases provided to them by and
in accordance with the instructions of Sponsor and Athlon at least ten days
prior to departure or forfeit the prize.
Round Prizes:
First Place- Sirius
Stiletto 100 Portable Satellite Radio and $30.00 pre-paid Sirius subscription
card (ARV: 250.00)
Second Place through
Fifth Place- Swishersports.com tee shirt (ARV: $25.00)
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 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 claim reimbursement for or assert as a cost of the prize,
any and all costs of redemption or travel to redeem a prize and any and all
liability arising from redeeming or seeking a prize. The ARV of the prizes represent Athlon’s and Sponsor’s good-faith determination of the
retail value thereof.
Winners will be initially identified, subject to eligibility, on or
about 14 business days following the end of Round, in the case of Round Prizes,
or the Game Period, in the case of the Grand Prize (“Effective Date”) by Athlon
and Sponsor, the judges 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 21 business days following the Effective Date
(“Notification”). The complete identification of all Winners shall be posted on
the “WINNERS” page of the Site and available for viewing no later than the
Effective Date or by sending written request in a stamped, self-addressed
envelope for receipt no later than the Effective Date to: Athlon Sports Communications, Inc., 220 25th
Avenue North, Nashville, Tennessee 37203. Winners must provide positive
identification in such form as is specified by Athlon to claim a prize. Return
of Notification as undeliverable will result in disqualification and selection
of an alternate Winner. Prizes will be awarded only upon Winner validation and
verification of eligibility by Athlon.
All prizes must be redeemed by Winners no later than 15 days following Athlon’s confirmation of Notification. In the event
of a dispute as to the identity of a Winner, the individual who was, at the
time of entry, at Sponsor’s sole discretion, the registered holder of the
e-mail account used to enter the Game, will be deemed the eligible Player. It is the sole responsibility of Player to
notify Athlon during the Game Period if his/her email address changes. No transfer or
assignment of any prize is permitted. No
substitution of any prize will be permitted, except that Sponsor reserves the
right, at its sole discretion, to substitute any prize with either the cash
value of the applicable prize that would otherwise have been awarded, or a
prize or prizes of equal or greater value, in the event that such prize is
unavailable. No transfer or assignment
of any prize is permitted. 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. Acceptance of a prize constitutes permission
for Athlon and its 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 void where
prohibited by law). Winners will be
required to sign an affidavit of eligibility and liability release within five
(5) days of Athlon’s request (except void where
prohibited by law).
7. DISQUALIFICATION: 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. Athlon is not
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, or other error of any kind whether human, mechanical or
electronic. Persons found tampering with
or abusing any aspect of the Game, as solely determined by Athlon, will be
disqualified. If disqualified for any of
the above abuses, Athlon reserves the right to terminate such person's
eligibility to participate in the Game and future games sponsored by Athlon.
Players further acknowledge that the forfeiture of prize(s) and/or return of
any prize(s) shall in no way prevent Athlon from pursuing other avenues of
recourse such as criminal or civil proceedings in connection with such conduct.
Any attempt to damage any website of Athlon, or tamper with or undermine the
legitimate operation of the Game, is a violation of these Official Rules as
well as criminal and civil laws. Athlon
reserves the right to seek remedies and damages from any responsible individual
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 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.
In no event will more prizes be awarded than those listed above in
paragraph 6.
8. LIMITATION
OF LIABILITY: By registering for and
participating in the Game, Players agree (a) to these Official Rules, and the
decisions of Athlon and Sponsor, which shall be binding and final in all
respects, Sponsor’s privacy policy and terms and conditions; (b) to release
Athlon and Sponsor from all liability, loss or damage arising out of
participation in the Game and with respect to the awarding, receipt,
possession, use and/or misuse of any prize; (c) to be contacted by Athlon by
mail, telephone and/or email; and (d) acknowledge that Athlon does not make 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.
By registering for and participating in the Game, the Winners release Athlon
and Sponsor, 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 the
receipt, ownership, possession, acceptance, enjoyment, use or misuse of a
prize, or arising out of participation in the Game, or while preparing for,
participating in, and/or traveling to any prize-related activity. IN NO EVENT WILL Athlon OR 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 THE 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. COMMUNICATIONS:
Any information that Players provide to Athlon Sports and Sponsor will
be used to communicate with the Player in relation to the Game. Athlon may also
share this information with third parties who are participating in the
Game. Athlon will collect and use
personal data in accordance with Sponsor’s privacy policy available for review
at www.swishersports.com/index.php/privacy.
10. GENERAL
INFORMATION: Sponsor and Athlon reserves the right to modify the Official
Rules for the purposes of clarifying and effectuating how the Game should be
played, how the Game will be scored, how Winners are determined, including in
the event of unanticipated events leading to unexpected tied Players, 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 or force majeure events affecting the schedule(s) of
entry deadlines or other stated times, deadlines or events necessary for
determining Winners, Athlon reserves the right to nullify or modify any times,
dates or schedules in its sole discretion to implement substitute times, dates
or schedules or portions thereof, solely for purposes of determining winning
Players on an equal basis and without unfairly disqualifying otherwise eligible
Players from winning prizes. Athlon is not affiliated with, endorsed by, or
licensed by, any of the football players, teams, leagues, or their sponsors or
players identified in connection with the Game, and none are
a sponsor of or associated with the Game in any way. Player, team, league and
other associated names are the trademarks of their respective owners and are
used for factual, descriptive purposes only. All trademarks, logos and images
pertaining to any of the above (“Third Party Marks”) contained within the Site
are the property of their respective owners. The Site is intended for
informational and entertainment use only. 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 Game 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.
Sponsored By: Swisher International, Inc.
Produced By: Athlon Sports Communications, Inc., 220 25th
Avenue North, Nashville, Tennessee 37203. The Game and all accompanying materials are ©
2008 Athlon Sports Communications, Inc. All rights reserved.
