THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE
UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO AND OTHER U.S. TERRITORIES, OR FOREIGN TERRITORIES) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED
ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE
NOT LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA OR IF YOU ARE
LOCATED IN PUERTO RICO OR OTHER U.S TERRITORIES, OR FOREIGN TERRITORIES. NO
PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF
WINNING.
These are the official rules (the "Official
Rules") for College Bowl Mania (the "Promotion"). The Promotion
is sponsored by ESPN/Starwave Partners, d/b/a ESPN Internet Venture (the
"Sponsor"), and is presented by Chevrolet Motor Division, General
Motors LLC ("Presenter"). Any additional advertisers associated with the
Promotion shall be deemed a Presenter for purposes of these Official Rules.
1. ELIGIBILITY: The Promotion is open to legal residents of
the 50 United States and the District of Columbia (EXCLUDING PUERTO RICO AND
OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES), who are thirteen (13) years of
age or older as of the date of entry and who are registered members of ESPN.com
(an "Entrant"). Registration is free and is further described below.
The following are not eligible for the Promotion: (i) employees and agents of
Sponsor, Presenter and their respective parent, subsidiary and affiliated
companies, franchisees and licensees, and their respective advertising/promotion
agencies; and (ii) the "immediate family members" and/or
"household members" of any of the persons set forth in (i) above.
"Immediate family members" shall mean parents, step-parents,
children, step-children, siblings or spouses. "Household members"
shall mean people who share the same residence at least three (3) months a
year. The Promotion is void where prohibited by law. Participation in the
Promotion constitutes Entrant's full and unconditional agreement to these
Official Rules and to Sponsor's decisions. The decisions of the Sponsor
regarding all matters relating to the Promotion are final and binding. Winning
a prize is contingent upon fulfilling all requirements set forth herein. From
all eligible entries received, the winners will be
determined based on their ability to use their skill and knowledge of U.S. collegiate football to accumulate the most points in this Promotion during the
2009-2010 U.S. collegiate football bowl season.
2. PROMOTION PERIOD: The Promotion begins
on Thursday, November 19, 2009 at 3:00 pm Eastern Time and ends on Thursday,
January 7, 2010 at approximately 11:59 pm Eastern Time (the
"Promotion Period"). For purposes of these Official Rules all times
are Eastern Time ("ET"). For more information regarding the lock times
of the Promotion, please read section 5-4 below.
3. ESPN.com REGISTRATION: To access the Promotion, log-on to
the Bowl Mania Frontpage during the Promotion Period and complete your entry by
clicking on the "Create Entry" button. To play the Promotion, you
must be a registered member of ESPN.com or one of its family sites (e.g., ABC.com,
ABCNEWS.com, DisneyOnline.com, ESPNRISE.com and Family.com). Registration is
free. If Entrant is not a member, Entrant may register by clicking on the
applicable link on the entry page for the Promotion and following the
instructions. Entrant will be asked to provide his/her actual name, street
address, e-mail address, birth date, gender and to select a user name and
password. Entrant will also be asked to consent to receive promotional emails
or offers. Consenting to receive promotional emails or offers is optional and
does not have to be agreed to in order to become a member or to win a prize. As
a member, Entrant may enter the Promotion by first logging in to the system
with Entrant's current username and password. Entrant may then be asked to
answer survey questions or to consent to receive promotional emails or offers
from the Sponsor and third parties. Answering survey questions or consenting to
receive promotional emails is optional and does not have to be agreed to in
order to be eligible to enter the Promotion or to win a prize. To complete
his/her entry, Entrant must click on the "Create Entry" button.
4. HOW TO ENTER:
1. Enter Online. Log on to the Bowl Mania Frontpage
during the Promotion Period and complete your entry by clicking on the
"Create Entry" button.
2. Limit. THREE (3) ENTRIES PER PERSON (REGARDLESS OF THE
NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), or PER EMAIL ADDRESS
(REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS). Entry
will be awarded to the person named on the applicable online entry form
(regardless of whether that is the name of the authorized account holder of the
email address from which said online entry form was submitted).
3. Void. Use of any automated system (e.g., robots,
automatic, macro, programmed or like entry methods) is prohibited. Any attempt
by any Entrant to use an automated system or to obtain more than the allowed
number of entries by using multiple/different email addresses, identities or
any other methods, will void all of that Entrant's entries, and render that
person ineligible to receive any of the prizes. Entry materials/data that have
been tampered with or altered are void.
4. Change of Email Address. It is the sole responsibility
of the Entrant to notify the Sponsor during the Promotion Period if his or her
email address changes. To do so, click on the "myESPN" link on any ESPN.com
fantasy game page, then click on the Account Information link and follow the
instructions.
5. Entry Errors.
1. Neither Sponsor nor Presenter is responsible for
lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected
entries, which will be disqualified.
2. Neither Sponsor nor Presenter is responsible for
any unavailability of or interruptions to any service or equipment used in
connection with the Promotion including, without limitation (1) interruptions
to any network, server, Internet website, telephone, satellite, computer or
other connections, (2) failures of any telephone, satellite, hardware, software
or other equipment, (3) garbled, misdirected or jumbled transmissions, or
traffic congestion, (4) other errors of any kind, whether human, technical,
mechanical or electronic, or (5) the incorrect or inaccurate capture of entry
or other information or the failure to capture any such information.
3. No Return of Entries; Disputes. Once submitted,
entries become the sole property of Sponsor and will not be acknowledged or
returned. Potential winners may be required to show proof of identification.
Sponsor may require that the potential winner provide proof that he/she is the
authorized account holder of the email address and/or password associated with
the winning entry.
5. HOW TO PLAY:
1. General. The objective of the Promotion is to
accumulate the most points by correctly selecting the "winning pick"
for each U.S. college football bowl game played during the Promotion Period. In
addition, for Confidence scoring entries you will be required to assign each
bowl game a "confidence point" value between one (1) and thirty-four
(34). The higher the number you assign to a particular bowl game, the more
confident you are that you have selected the correct team to win. You cannot
use one specific confidence point value for more than one (1) game. Each bowl
game will be assigned one of the whole values between one (1) and thirty-four
(34). For Straight scoring entries, each game will be worth one (1) point each.
2. How to make your selections. For instructions on how
to enter your selections online, please consult the How To Play section of the
Promotion.
3. Scoring. From all eligible entries received, the
winners will be determined based on their ability to use their skill and
knowledge of U.S. college football to accumulate the most points during the
Promotion Period. In order to maximize the
opportunity to accrue the most points, register and submit your entry no later
than the first kickoff of the first game of the college football bowl season
(Saturday, December 19, 2009 at 2:30 pm in Albuquerque, NM). In the event a
scheduled college football game listed does not occur as scheduled (e.g., a
game is cancelled, postponed, etc.) Sponsor may decline to award points. Ties
will be broken in accordance with the tie-breaker procedure below. Please read
section 5-4 for more information regarding the Promotion locktime.
Confidence Scoring. If you choose the "Confidence Scoring System", you receive the amount of confidence points you assigned to each game where you correctly selected the
winning team. The higher the confidence point number you assign to a particular
game, the more confident you are that the team you have selected will win the
match-up. You do not receive or lose points for incorrect picks. You accumulate
points from the date of your first winning pick. You may begin playing after
the start of the Promotion but you will not receive any points for the games
you have missed. For example, if you have no valid winning picks for a
particular bowl (e.g., because you didn't enter), your point total for that
bowl would be zero (0).Straight Scoring. If you choose the "Straight Scoring System", the winning pick is the
team that wins the game, i.e., scores the most points.
institute a "Single Lock" for all Confidence scoring entries
beginning exactly at the start of the first bowl game scheduled for December
19, 2009 at 2:30 pm in Albuquerque, NM. The Promotion will institute a
"Rolling Lock" for all Straight scoring entries in which each game
will lock individually at the scheduled kickoff of each game. You will not be
able to make a selection for any game once that game has locked. Your picks
for all bowl games must be submitted, received and recorded by Sponsor's
computer by the scheduled locktime. Selections submitted after the deadlines
are considered invalid. Sponsor's computer is the official time keeping device
for this game.
5. Ties. What is the Tiebreaker Game? Unless otherwise noted the "Tiebreaker Game" is the
National Championship game currently scheduled for January 7, 2010 at 8:00 pm
in Pasadena, CA. Entrants may but are not required to submit a predicted score
for the Tiebreaker Game. This prediction is used for tiebreaker purposes only.
If no predicted score is submitted for an entry, it is given a default
prediction of zero (0) points to zero (0) points. It is possible for a
default prediction to break a tie.
How are the ties broken? The pool of tied entrants is
reduced until only one (1) potential winner remains by applying the rules below
in the order listed. However, Sponsor may, in its sole discretion, elect not to
break a tie and instead to award prizes to all eligible winners (or to all
eligible winners then remaining after applying one (1) or more tiebreaker
rules).
In all cases, an entry that does not win a tiebreaker
is eliminated from consideration:
Tiebreaker #1 - The Entrant who correctly predicted
the winner of the Tiebreaker Game is considered the winning entry.Tiebreaker #2 - An Entrant's predicted Tiebreaker Game
score is compared to the actual Tiebreaker Game. The differences between the
predicted scores and actual scores for each team are added (positive numbers
only). The entry with the smallest total difference is considered the winning
entry.Tiebreaker #3 - The Entrant whose predicted score for
the winning team is closest to the actual score of the winning team without being
over the total is considered the winning entry.Tiebreaker #4 - The Entrant who correctly selected the
winner of the most bowl games is considered the winning entry.Tiebreaker #5 - The Entrant who earned the highest
number of confidence points for a single bowl game is considered the winning
entry.Tiebreaker #6 - The Entrant who earned the next
highest number of confidence points for a single bowl game is considered the
winning entry.
Ties will continue using the next highest number of confidence points earned for a single bowl game until the tie is broken.In all cases, an entry that does not win a tiebreaker is eliminated from consideration.
6. Umpires and referees. The decisions of the U.S. college football officials responsible for officiating the games shall be final and
binding regarding the outcome and scoring of each football game for the entire
Promotion Period.
6. PRIZES.
1. The total approximate retail value ("ARV")
of all prizes is $5,000.00. Sponsor will award two (2) "Grand Prizes"
and two (2) "2nd Place Prizes" to the entrant who accumulates the 1st
most points, and 2nd most points for each scoring type during the Promotion
Period (and wins any pending tiebreakers).
2. Prize Breakdown:
Confidence Winner - $2,000 cash prize (ARV: $2,000)
Straight Winner - $2,000 cash prize (ARV: $2,000)
Confidence Winner - $450 cash prize (ARV: $450).
Straight Winner - $450 cash prize (ARV: $450)
Two (2) Grand Prize Winners: $2,000
cash prize (ARV $4,000)
Two (2) 2nd Prize Winners: $450
cash prize (ARV $900)
Total ARV of all prizes: $4900
3. Odds of winning prizes
depend on the total number of eligible entries received and the relative U.S. collegiate football knowledge of all Entrants.
4. Substitution; Taxes. No cash
or other prize substitution, assignment or transfer of prizes permitted, except
at Sponsor's sole discretion due to prize unavailability. Sponsor
reserves the right to substitute a prize with one of comparable value or
greater value (e.g., Sponsor may opt instead to award the cash equivalent, up
to but not greater than the ARV, of any prize in lieu of the prize itself). THE
WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED
WITH THE RECEIPT OR USE OF ANY PRIZE.
5. Prize Delivery. Prize Winners should allow up to 6-8
weeks after they return their signed, notarized affidavit to receive their
prize. Prizes returned as undeliverable or otherwise not claimed within
fourteen (14) days after being sent may, in Sponsor's sole discretion, be
forfeited and an alternate Winner named.
6. No Warranty. Entrants acknowledge that Sponsor and
each of its respective agencies or related companies have not made nor are in
any manner responsible for any warranty, representation or guarantee, express
or implied, in fact or in law, relative to any prize, including but not limited
to its quality.
7. POTENTIAL WINNERS.
1. Verification. ALL POTENTIAL WINNERS ARE SUBJECT TO
VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY
DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE
UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN
VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR
WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU
OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED
FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID.
2. "Prize Notice" via Mail or Email. Winners
will be notified via email (or overnight mail) sent approximately thirty (30)
days following the end of the Promotion Period. Entrants are responsible for
insuring that all mailing and email information is up-to-date and accurate.
3. Alternate Potential Winners; Disqualification. A potential
winner will be disqualified and an alternate potential winner will be selected
(i.e., the person with the next most points) if (i) he/she does not comply with
these Official Rules (or is otherwise determined to be ineligible), (ii) he/she
does not respond to the prize notice within ten (10) days of its transmission
(or receipt, if mailed), or if the emailed prize notice, after three (3)
attempts, is returned as undeliverable, or (iii) the prize is undeliverable for
any reason. If Sponsor notifies, or seeks to deliver a prize to or otherwise
attempts to contact an alternate potential winner, and such alternate potential
winner is subsequently disqualified, then Sponsor shall use its reasonable
business judgment to determine, in its sole discretion, the disposition of the
prize (e.g., may choose another alternate potential winner in a manner
consistent with these Official Rules or donate the prize to another entity, or
not award the prize, at its sole discretion).
4. Minors. If a potential winner is a minor in his/her
jurisdiction of primary residence, potential winner's parent/legal guardian
must execute all documents and agree to all obligations and undertakings
required of the potential winner in these Official Rules, both on behalf of
himself/herself and the potential winning minor. Failure to comply with these
requirements may cause the prize to be forfeited and awarded to an alternate
winner. Prize may be awarded in the name of, or to, parent/legal guardian.
5. CONDITIONS OF PARTICIPATION. As a condition of
receiving a prize, potential winners will be required to complete, sign and
return an Affidavit of Eligibility, a Liability Release, and, except where
prohibited, a Publicity Release, within ten (10) days of the date stated on the
prize notification.
6. RELEASE. By participating in this Promotion or
receiving a prize, Entrants (and in particular, winners) agree to release,
indemnify and hold harmless Sponsor, Presenter and each of their respective
related companies, franchisees and licensees, and all of their respective
companies' officers, directors, employees and agents (collectively, the
"Released Parties") for any liability, injury, death, loss or damages
to Entrant or any person or entity, including without limitation, damage to
personal or real property, caused in whole or in part, directly or indirectly,
by participation in this Promotion (or related activities) or the acceptance,
possession or use/misuse of a prize (including any travel or activity related
to the prize, if applicable).
7. Publicity. Except where prohibited, participation in
this Promotion constitutes winner's consent to Sponsor and its agents' use of
winner's name, likeness, voice, opinions and biographical information for
publicity, advertising, trade or promotional purposes in any media or manner,
now known or hereafter devised, worldwide, without further payment,
consideration, notice or approval.
8. GAME MODIFICATION: Sponsor and Presenter reserve the
right, in their sole discretion, to modify, cancel, terminate or suspend this
Promotion without advance notice for any reason including, without limitation,
if (i) viruses, bugs, unauthorized human intervention, fraud, technical failure
or other causes which corrupt or affect the administration, security, fairness,
integrity or proper conduct of the Promotion; or (ii) earthquake, flood, fire,
storm or other natural disaster, act of God, labor controversy or threat
thereof, civil disturbance or commotion, disruption of the public markets, war
or armed conflict (whether or not officially declared). In the event of a
cancellation or termination the Entrant who has accumulated the highest point
total (and who wins any pending tiebreakers) at the time of any said action
will be awarded the prize, or the prizes will be awarded in such other manner
deemed fair and appropriate by Sponsor.
9. GAMBLING PROHIBITION: This Promotion is strictly for
entertainment purposes and may not be used in connection with any form of
gambling.
10. LIMITATIONS OF LIABILITY. The Released Parties are not
responsible for: (1) any incorrect or inaccurate information, whether caused by
Entrants, printing errors or by any of the equipment, hardware, software or
programming associated or used with the Promotion; (2) technical errors,
defects, delays or failures of any kind including, without limitation,
malfunctions, interruptions or disconnections in communications lines, Internet
or website access, hardware or software; (3) digital or electronic disruptions,
e.g., viruses other security breaches; (4) unauthorized human intervention,
e.g., hacking; (5) technical or human error which may occur in connection with
any aspect of the Promotion; (6) any injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in part, from
Entrant's participation in the Promotion, access to, copying or downloading
materials from ESPN.com or any other website, or receipt or use of any prize.
11. DISPUTES/CHOICE OF LAW. Except where prohibited, each
Entrant agrees that: (i) all issues and questions concerning these Official
Rules shall be governed by New York law without giving effect to any principles
of conflicts of law of any jurisdiction; (ii) any and all disputes, claims and
causes of action at law or in equity arising out of or relating to this
Promotion or any prize awarded shall be (A) resolved individually, without
resort to any form of class action; and (B) filed only in the state or federal
courts situated in New York County, New York state, i.e., Manhattan, and
Entrant hereby consents and submits to the personal jurisdiction of such courts
for the purposes of litigating any such disputes, claims or causes of action;
(iii) any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, but in no event attorneys' fees; and (iv) under
no circumstances will any Entrant be permitted to obtain awards for and hereby
waives all rights to claim punitive, incidental, special, consequential damages
and any other damages, other than for actual out-of-pocket expenses, and any
and all rights to have damages multiplied or otherwise increased.
12. PRIVACY. Personally identifiable information that is
submitted by Entrants as part of this Promotion will be used to administer the
Promotion, select prize winners and fulfill prizes, and will be treated in
accordance with Sponsor's privacy policy accessible on its website at ESPN.com.
13. OFFICIAL RULES; WINNERS LISTS. For a copy of these
Official Rules and/or a list of winners, mail a self-addressed stamped envelope
(Residents of VT may omit return postage) to the address
below. Such requests must be received by Sponsor within thirty (30) days
following the end of the Promotion (i.e., by February 7, 2010).
College Bowl Mania
c/o ESPN Internet Venture
Marketing Department
605 Third Avenue
8th Floor
New York, NY 10158
The Promotion and all accompanying
materials are copyright © 2009-2010 ESPN Internet Venture