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No purchase necessary to enter or win.
1. DESCRIPTION: The "FOX Sports Pro Football Pick'Em Challenge" ("Challenge") is an online "beat the spread" professional football prediction Challenge. The Challenge sponsor is FOX Sports Interactive Media, LLC ("Sponsor"). The Challenge Administrator is Creative Zing Promotion Group ("Administrator"). The Challenge presenter and prize provider is Southwest Airlines, Co. ("Presenter"). The Sponsor, Administrator and Presenter will collectively be referred to herein as the "Challenge Entities."
2. ELIGIBILITY: Challenge is open only to legal residents of the 50 United States and Washington D.C., who are at least 18 years of age or the age of legal majority in the state of primary residence at time of entry ("Entrant"). Each Entrant must have Internet access as of August 31, 2009. Each Entrant must be the rightful owner of the e-mail address identified in the Entrant's entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the person in whose name the email account was opened. Employees, shareholders, officers, directors, agents, and representatives of Challenge Entities, STATS Inc., and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and those living in the same household of such persons, are not eligible to participate in the Challenge. Challenge void where prohibited.
3. HOW TO REGISTER AND PARTICIPATE IN THE CHALLENGE: To register, visit http://msn.foxsports.com/fantasy/football/pickem (the "Website") and complete the online registration form. Once registered, Entrants then submit Picks for each Game, according to the instructions and spreads as detailed on the Website and in the Challenge Description in Section One (1) of these Official Rules. After entering selections, Entrants must click the "Submit" button on the form to register the Picks. If Entrant does not submit the Picks, according to the instructions, the Picks will not be valid. If Entrant wishes to make changes to Picks, Entrant may go back and change a Pick any time prior to the lock time for each Game. No changes or revisions will be permitted after lock time, as detailed in Section One (1). All information provided by Entrant becomes the property of Sponsor. Limit ten (10) registrations per person for the duration of the Registration Period. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED
4. WINNER SELECTION, NOTIFICATION & TIE BREAKERS: From all eligible entries received the Entrant(s) with the best record each Challenge Week ("Potential Weekly Winner"), as determined by the number of correct predictions/points accumulated by that Entrant during each applicable week of the NFL regular season, will be declared a "Weekly Prize Winner." Potential Weekly Winners will be notified by telephone and/or email within approximately seven (7) days of the "best record" determination date. The Challenge Entities shall have no liability for any notification that is lost, intercepted, or not received by a Potential Weekly Winner. In the Event a Potential Weekly Prize Winner is notified by phone, the notifying party shall not be required to leave a message. In the event of a tie for any Weekly Prize, the tie will be broken according to the Tie-Breaker Game prediction, based on the following:
Challenge Entities reserve the right to disqualify anyone not fully complying with the Official Rules. Weekly Prize Winners will be required to respond (as directed) to the notification within 48 hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Challenge Entities will determine an alternate winner, based on the weekly standings. Winners may be required to verify their shipping address and return within five (5) days of first attempted notification an affidavit of eligibility a liability release and, unless prohibited by law, a publicity release (collectively, the "Prize Claim Documents"). Such Prize Claim Documents shall cover eligibility, liability, advertising, publicity and media appearance issues. Failure of any winner to return the executed affidavit and release forms within the specified time period may result in forfeiture of the prize. A prize will not be awarded until all such properly executed forms are returned.
5. PRIZES:
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Weekly Prizes (1 per week; 17 cumulative prizes throughout the NFL regular season) | Each Weekly Prize Winner will receive the following: Two (2) Southwest Airlines roundtrip tickets (not to exceed $400 each) to the Southwest Airlines serviced destination of winner's choice. Winner must depart from the major airport closest to winner's residence served by Southwest Airlines to the destination of the winner's choice, served by Southwest Airlines. Airline tickets must be used within one (1) year of date they are awarded. Total Maximum Approximate Retail Value ("ARV") of each Weekly Prize: $800. |
Total Maximum Cumulative ARV: $13,600
Actual prize value depends on winner's place of residence and cost and availability of airfare at time of booking. Blackout dates may apply. Prize winners will be solely responsible for all federal, state and/or local taxes and for any other fees or costs associated with the prize. If the actual value of any prize is less than the ARV stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. For tax reporting purposes, the prize winner must provide Challenge Entities with a valid social security number before the prize will be awarded. An IRS Form 1099 may be issued in the name of the prize winner for the actual value of any prize received which exceeds $599. Prize winners cannot assign or transfer the prize to another person. The prize cannot be redeemed for cash. No prize substitution is allowed except at the discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded. If prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Challenge Entities' sole discretion. In the event a travel companion is less than the age of majority in his/her state of primary residence, the winner accompanying the travel companion must be such travel companion's parent or legal guardian. Winner and travel companion agree that they undertake the trip at their own risk. Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date and must have valid travel documents (e.g., valid government issued photo ID and/or Passport) prior to departure. Failure to do so will result in forfeiture of prize. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged to the winner from stopover point for the remaining segments, including return, of the trip. Multiple prizes per household are permitted. Other restrictions may apply.
6. CONDITIONS OF PARTICIPATION/RELEASES: Challenge is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Challenge Entities, which shall be final in all respects. By participating in this Challenge and/or by accepting any prize, each Entrant agrees to release and indemnify the Challenge Entities; each of their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance, use, or misuse of any prize. Acceptance of a prize authorizes the Challenge Entities and their assigns to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, throughout the universe in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Challenge Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at the Challenge Entities' sole discretion, without further obligation or compensation. By entering the Challenge, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with entering the Challenge, but in no event will Entrant's attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Challenge; (v) the Entrant's claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Challenge. Challenge Entities assume no responsibility for any damage to an Entrant's computer system, which is occasioned by accessing the Website, or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Challenge Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Challenge (or any portion of the Challenge) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Challenge and, in such situation, to select the winner(s) from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Challenge Entities. Challenge Entities may prohibit you from participating in the Challenge or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Challenge Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CHALLENGE. SHOULD SUCH AN ATTEMPT BE MADE, CHALLENGE ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE CHALLENGE ENTITIES IN CONNECTION WITH THE CHALLENGE OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CHALLENGE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE CHALLENGE ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S IN THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CHALLENGE ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
8. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://msn.foxsports.com/name/Legal/privacyPolicy. By entering the Challenge, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Challenge Entities for the purpose of Challenge administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.
9. GAMBLING PROHIBITION: This Challenge is strictly for entertainment purposes and may not be used in connection with any form of gambling.
10. Sponsor: Fox Sports Interactive Media, LLC, 2121 Avenue of the Stars, Los Angeles, CA 90067.
11. ADMINISTRATOR: Creative Zing Promotion Group, 100 East Pine Street, Suite 201, Orlando, FL 32801.
12. PRESENTER: Southwest Airlines Co., P.O. Box 36611 Dallas, TX. 75235.
13. Prize Winner List: For the names of the Weekly Prize Winners, available after Jan 15, 2010, or a copy of these official rules, mail a self-addressed, stamped envelope to: "FOS Sports Pro Pick ¿Em Challenge" Winner's List or Rules, 100 E. Pine Street, Suite 201, Orlando FL 32801 (VT Residents may omit return postage) by February 1, 2010.
