*OFFICIAL RULES –OCTOBER 2010
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. U.S. LAW AND LOCAL LAWS AS APPLICABLE IN EACH JURISDICTION GOVERN THIS CHALLENGE.*
1. ELIGIBILITY: The FanHub Picks 4 Tixs (the “Challenge”) is open only to legal residents of the fifty (50) United States and Washington, D.C., Mexico, United Kingdom, and Canada (excluding Quebec), who are eighteen (18) years or older, or age of majority in their jurisdiction, whichever is older, as of October 1, 2010, and are registered members of thefanhub.com. (Registration is free and is further described below). Employees of (i) thefanhub.com. or its parent or affiliated companies, or (ii) any entity directly connected with the development, implementation or marketing of this Challenge, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible. This Challenge is void in all U.S. Territories and Foreign Territories (e.g., Guam and Puerto Rico) and where prohibited by law.
2. ACCEPT OFFICIAL RULES: Participation constitutes entrant’s full and unconditional agreement to these official rules (the “Official Rules”) and to Sponsor’s (defined herein) decisions. The decisions of the Sponsor in regards to all matters of this Challenge are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. SPONSOR; ADDRESS: This Challenge is sponsored by TheFanHub.com. Any and all advertisers associated with this Challenge are referred to in these Official Rules as “Presenters”.
4. ENTRY PAGE: To access the Challenge, log-on to the Challenge’s web page at http://thefanhub.com
5. THEFANHUB.COM REGISTRATION: To play the Challenge, you must be a registered member of thefanhub.com Registration for thefanhub.com is free.
6. NOT YET A MEMBER: You may register by clicking on the applicable link on the entry page for the Challenge, and following the instructions. You will be asked to provide your name, e-mail address, zip code, birth date, gender and to select a password. You will also be asked if you wish to receive promotional emails or offers. You do not need to consent to receive these emails or offers in order to become a member. 1. Already a Member. If you are already a member of thefanhub.com, then you do not need to register again. You may enter the Challenge by logging in on thefanhub.com with your current username and password. 2. Survey Questions or Promotional Email. You may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. You are not required to answer questions or to give consent to receive such emails or offers in order to be eligible to play in or win the Challenge.
3. Password. You are responsible for the secrecy of your password. Sponsor or other third parties are not responsible or liable for any actions taken using your password.
7. TIMING: For purposes of these Official Rules all times are ET.
8. HOW TO ENTER.
1. Enter Online/ thefanhub.com WAP Site. Log on to the frontpage during the Challenge Period and complete your entry by selecting a listed matchup on the “Make Pick” page.
2. Limit. ONE (1) ENTRY (i) PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), or (ii) PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS).
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 one (1) entry 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 Challenge Period if his or her e-mail address changes. To do so, click on the ______ fantasy game page, then click on the Account Information link and follow the instructions. 5. Entry Errors. -1. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. -2. Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Challenge, 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, or (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.
6. No Return of Entries; Disputes. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, entry will be awarded to the person named on the applicable entry page. Potential winners may be required to show proof of identification. Sponsor may require that the potential winner provide proof that he/she is the actual entrant and/or provide the password associated with the winning entry.
9. *HOW TO PLAY:*EVERY DAY WE POST A BUNCH OF MATCH UPS AND PROP BETS BY NOON EST
YOU MUST BET 5 POINTS PER DAY
YOU CAN BET UP TO 3 POINTS PER MATCH UP
WHEN YOU WIN A BET WE GIVE YOU DOUBLE YOUR BET IN POINTS
YOU CAN CHANGE YOUR BETS UP UNTIL THE LOCK OUT TIME OF EACH MATCH UP
ON A PUSH (TIE), YOU LOSE THE MATCH UP
WE UPDATE THE POINTS & LEADERBOARD EVERY DAY AT 10:30 AM
Here are examples of matchups between two teams:
· NCAA FOOTBALL — Oregon Ducks at California Golden Bears
· NFL FOOTBALL — New England Patriots at Miami Dophins
· EURO SOCCER — Arsenal at AC Milan
· WORLD RUGBY — New Zealand at Australia
Here are examples of “prop” matchups between teams, players or a combination of both:
· NFL — Tom Brady Pass Completions vs. New York Jets 1st Downs
· NBA — Kobe Bryant Points vs. Derrick Rose Points + Rebounds + Assists
· GOLF — Brandt Snedeker Lower 1st Round vs. Ernie Els Lower 1st Round
· NBA/MLB — Philadelphia 76ers points scored vs. Cole Hamels pitch count
For most prop matchups the side with the HIGHER score, time or total will be declared the winner, but in some, the side that is LOWER will win. Please read the prop matchup questions and corresponding opponents carefully before making your pick.
You are required to play every day. Matchups that end as a tie will be scored as a “PUSH” and will lose that selected matchup. Matchups may also be cancelled by the Game Administrator for reasons including (but not limited to) player injuries, player absences, or inability to complete the match because of weather or any other reason; if this occurs, the matchup will be listed as “Cancelled”, “Postponed” or “OFF” and scored as “PUSH”. In all such cases, the Game Administrator’s decision is final, binding and non-appealable. In the event that the matchup you selected is marked as a “PUSH”, you lose that match up.
10. PRIZES AND TIEBREAKERS:
Grand Prize: ($200 gift card to Best Buy): The entrant, who accumulates the most points during the Challenge Period will be considered the Grand Prize winner. The winner will be announced on the first day of the next month. In the event that two (2) or more entrants are tied for the Grand Prize, the following tiebreakers will take place in the indicated order: 1. Entry with the higher winning percentage during the Challenge Period. 2. Entry with more total wins during the Challenge Period. 3. Random Drawing.
For the avoidance of doubt, a maximum of one (1) Grand Prize will be awarded for the Challenge.
Total ARV: $200
11. POTENTIAL WINNERS: 1. Verification ALL POTENTIAL WINNING PLAYS 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 Restrictions No assignment, transfer, or substitution of prize is permitted, except Sponsor reserves the right to substitute the prize if prize becomes unavailable. 3. Prize Taxes All federal, state or other tax liabilities arising from this Challenge are the sole responsibility of the winner. 4. Pre-Verification. In addition to the verification procedures for winners and potential winners, entrants may be subject to “pre-verification” by Sponsor. Sponsor may contact entrants via onscreen pop-up notification and/or email sent to the email address with which entrant registered, seeking pre-verification of entrant’s eligibility, and requesting contact information or other information from such entrant.
5. “Prize Notice” via Email or Mail. Winners will be notified via email (or overnight mail) sent within 30-days following the end of the Challenge Period. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate. 6. Alternate Potential Winners;Disqualification. A potential winner will be disqualified and an alternate potential winner may be selected 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, (iii) the person fails to comply with other rules set by the Game Administrator; or (iv) 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 prizes (e.g., may choose another alternate potential winner in a manner consistent with these rules or donate the prize to another entity, at its sole discretion). 7. 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. 8. Releases and Affidavits. As a condition of receiving a prize, potential winners (and travel companions) may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice. 9. Release. By participating in this Challenge or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, and each of their respective related companies, and all of its or their company’s 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 Challenge (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize). 10. Publicity. Except where prohibited, participation in this Challenge constitutes entrant’s (and in particular, winner’s) consent to Sponsor and its or their agents’ use of entrant’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.
12. CONDITIONS OF PARTICIPATION: 1. Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Challenge and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. 2. Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Challenge if, in the Sponsor’s sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Challenge, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or © labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). 3. Cancellation. In the event of a cancellation or termination, prizes may be awarded in any manner deemed fair and appropriate by Sponsor. 4. Canadian and Mexican residents who are potential winners may be required to answer a mathematical skill test in order to be eligible to win any prize.
13. GAMBLING PROHIBITION: This Challenge is strictly for entertainment purposes and may not be used in connection with any form of gambling. This Challenge is not to be considered a contest subject to odds or any type of random selection of winners.
14. 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 Challenge; (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 Challenge; and (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 Challenge, access to, copying or downloading materials from thefanhub.com or any other website, or receipt or use of any prize.
15. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York county, New York state, i.e., Manhattan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York’s choice of law rules, governs the Challenge and all aspects related thereto, the participants expressly waiving any other forum that they may be entitled to in light of their current or future domiciles.
16. OFFICIAL RULES; WINNERS LISTS: For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope (Residents of VT may omit return postage) to the address below. Requests must be received within thirty (30) days following the end of the Challenge (i.e., by Jan 31, 2011).
355 South End Ave
NY, NY 10280
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