1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF
ANY KIND IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. This triple play baseball game begins at 12:00:01 AM Eastern Time on March 19,
2010 and continues through ten (10) rounds of play ("Round[s]") during the 2010 baseball season ("Game"), ending at 3:00 AM
Eastern Time on June 14, 2010 ("Game Period"). All references to time in these provisions are
Eastern Standard Time. The Game is designed solely as a skill and
knowledge-based, non-gambling promotional program ("Promotion") and is only intended for the entertainment and
enjoyment of the participants. Neither Athlon Sports Communications,
Inc. ("Athlon") nor Johnsonville Sausage Company, LLC. ("Sponsor") will knowingly permit or condone any gambling
activity conducted by Players or others in connection with the Game. The
Promotion begins with the start of registration at 12:00:01 AM Eastern Time on March 19,
2010 and continues through the end of the "viewing
period" of posted winning participants ("Winners")
at 11:59:59 Eastern Time on July 5, 2010 ("Promotion Period"). From all eligible entries received, Winners will be identified
according to the process set out in paragraph 4 below. Every participant's
likelihood of winning is based solely on his/her knowledge of baseball and
ability and skill in evaluating and selecting high-scoring baseball players to accumulate
the most points in the Game during the Game Period. 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 to individuals (only individuals may register and enter) legally residing, for purposes of all applicable state and federal tax laws, in one of the continental United States or the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) ("Eligibility Area"), who are 18 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. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and other representatives of Athlon and Sponsor and each of their respective affiliates, subsidiaries, wholesalers, retailers, advertising and promotional agencies, officers, directors, employees, and agents, their immediate families (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 and correctly registering for the Game as set out in paragraph 3 below may participate in the Game ("Players"). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player's participation in the Game constitutes and is deemed Player's agreement to the Official Rules and any and all decisions of Athlon and any third-party judges, which are final and binding in all respects. Players hereby waive any right to claim ambiguity in the Game and/or these Official Rules.
3. HOW TO REGISTER. Beginning 12:00:01
AM Eastern Time on March 19, 2010, Players may log on to www.tripleplaychallenge.com ("Site") and follow the instructions for registration and access to
the Site. During registration, Player will provide the requested information,
including Player's name, e-mail address, physical address, and telephone number
and the selection of a display name for playing the Game during subsequent
visits to the Site. Players are solely responsible for the secrecy of their
passwords and neither Athlon nor Sponsor has any obligation or liability with
respect to any action taken using a Player's password. Player may also be asked
to consent to receive promotional e-mails.
Player may also be asked to 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. Each
individual Player may only register once.
Following registration, Players will follow the instructions to access
and play the Game.
4. HOW TO
PLAY/ACCRUE POINTS & PRIZES.
In the Game, Players use their ability, skill
and knowledge of baseball and baseball players to accurately select the
highest-scoring baseball players within their respective categories and earn
points. At the commencement of each Round,
Player will go to the appropriate page of the Site and evaluate three (3) separate lists of
ballplayers: "Home
Runs", "RBIs", and "Hits" ("Scoring Categories"). As quickly as possible,
each Player will then select one
ballplayer from each of the 3
Scoring Categories, specifically, (a) the ballplayer from the Home Runs
Scoring Category that Player predicts will achieve the most home runs during
the applicable Round; (b) the
ballplayer from the RBIs Scoring Category that Player predicts will achieve the
most RBIs during the applicable Round; and, (c) the ballplayer from the Hits Scoring Category that Player
predicts will achieve the most Hits during the applicable Round, and enter
those selections ("Selected Ballplayers")
where indicated ("entry" or "entries"). The fully completed entry must be
submitted electronically no later than
11:59:59, Eastern Time, on the day immediately prior to the first day of each Round of
the Game ("Round
Entry Deadline"). Following the submission of the entry
in each Round, all of that Round's Selected Ballplayers will be deemed
"retired" as to the particular Scoring
Category from which the Selected Ballplayer was chosen and may not be selected
again by Player for that particular Scoring Category for the remainder of the
Game. Players may
submit only one (1) entry during each Round. All entries must be submitted on-line
in accordance with the Official Rules and no other forms of entry will be
accepted. Additional 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 entries are not eligible. All
Scoring Category assignments and calculations of point awards are determined by
Athlon, in its sole discretion, independent of any third party advice,
recommendations, information or influence, and are final and binding.
Round
Schedule
|
Game Round |
Start Date and Time |
End Date and Time |
|
1 |
April 5, 2010 12:00:01 a.m. ET |
April 11, 2010 11:59:59 p.m. ET |
|
2 |
April 12, 2010 12:00:01 a.m. ET |
April 18, 2010 11:59:59 p.m. ET |
|
3 |
April 19, 2010 12:00:01 a.m. ET |
April 25, 2010 11:59:59 p.m. ET |
|
4 |
April 26, 2010 12:00:01 a.m. ET |
May 2, 2010 11:59:59 p.m. ET |
|
5 |
May 3, 2010 12:00:01 a.m. ET |
May 9, 2010 11:59:59 p.m. ET |
|
6 |
May 10, 2010 12:00:01 a.m. ET |
May 16, 2010 11:59:59 p.m. ET |
|
7 |
May 17, 2010 12:00:01 a.m. ET |
May 23, 2010 11:59:59 p.m. ET |
|
8 |
May 24, 2010 12:00:01 a.m. ET |
May 30, 2010 11:59:59 p.m. ET |
|
9 |
May 31, 2010 12:00:01 a.m. ET |
June 6, 2010 11:59:59 p.m. ET |
|
10 |
June 7, 2010 12:00:01 a.m. ET |
June 13, 2010 11:59:59 p.m. ET |
Winning Points: Each
Hit scored by a Selected Ballplayer in an actual baseball game, as reflected in
the final official results of the game, will earn 1 point. Each RBI scored by a
Selected Ballplayer in an actual baseball game, as reflected in the final
official results of the game, will earn 2 points. Each Home Run scored by a
Selected Ballplayer in an actual baseball game, as reflected in the final
official results of the game, will earn 4 points ("Points Values"). Following the release of the final official
statistical information of each baseball game of each Round ("Current Baseball Game"), each of
Player's Selected Ballplayers will be credited with his total number of points
earned, calculated by multiplying the final official number of Home Runs, RBIs
or Hits actually achieved by the Selected Ballplayer in the Current Baseball Game (if any) by the
Points Values listed above ("Total HR
Points Scored"), ("Total RBI Points
Scored"), and ("Total Hits Points
Scored"). Player's Total
HR Points Scored, Total RBI Points Scored and Total Hits Points Scored will be added together at the
conclusion of each Round ("Total Round
Score") and at the conclusion of Round 10, all of Player's Total Round
Scores will be added together as Player's final total score("Total Game Score").
Determining Winners- The Winners of each Round ("Round Winners")
are those Players who have earned the highest cumulative descending number of overall points during the Round, as
of the end of the last baseball game of each Round. The Winner of the Grand Prize ("Grand Prize Winner") is that Player who has earned the highest cumulative descending number of overall points during the entire
Game, as of the end of the last baseball game of the last Round. Tie-Breaking Procedure: (a) (i) In the event of a tie between
Players at the end of any Round, the 1st and 2nd Place
Round Winners will be those Players with the highest Total
HR Points Scored; (ii) if Players remain tied after the Total
HR Points Scored
tie-breaking procedure is applied (as would be the case with identical entries),
the 1st and 2nd Place Round Winners will be that Player
with the highest Total RBI Points Scored; (iii) if Players remain tied after the Total
RBI Points Scored
tie-breaking procedure is applied (as would be the case with identical
entries), the 1st and 2nd Place Round Winners will be
that Player with the highest Total Hits Points Scored;
and, (iv) if Players remain tied after the Total
Hits Points Scored
tie-breaking procedure is applied (as would be the case with identical
entries), the 1st and 2nd Place Round Winners will be
that Player who demonstrates superior knowledge and confidence by submitting
the entry reflecting the earliest
time and date of e-mail submission, as evidenced by the Athlon email database. (b) (i) In the event of a tie for the
Grand Prize between Players at the end of the Game, the Grand Prize Winner Winner will be
that Player with the highest Total HR Points Scored for
the entire Game; (ii) If Players remain tied after the Total
HR Points Scored
tie-breaking procedure is applied (as would be the case with identical
entries), the Grand
Prize Winner Winner will be
that Player with the highest Total RBI Points Scored for
the entire Game; (iii) If Players remain tied after the Total
RBI Points Scored
tie-breaking procedure is applied (as would be the case with identical
entries), the Grand
Prize Winner Winner will be
that Player with the highest Total Hits Points Scored for
the entire Game; and, (iv) if Players remain tied after the Total
Hits Points Scored
tie-breaking procedure is applied (as would be the case with identical
entries), the Grand Prize
Winner Winner will be that Player who demonstrates superior
knowledge and confidence by submitting the final Round entry reflecting the earliest time and date of e-mail
submission, as evidenced by the Athlon email database. In determining Winners,
points will be calculated out to as many decimal points as are necessary to
accurately identify a winning score. Athlon reserves 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 in the chart below. Any Player who does not submit an entry for a particular Round will not
be eligible to win a prize for that Round.
PRIZE
SCHEDULE
GRAND
PRIZE PRIZE DESCRIPTION ARV
|
|
A Trip for two (2) ("Attendees") this coming July, 2010,
to Anaheim, California ("Destination City")
to enjoy the best of baseball! Trip to
include round-trip
coach class airfare for Attendees to the Destination City from a commercial
airport near Winner's residence, ground transportation
to and from the airport in the
Destination City, three (3 ) nights deluxe
hotel accommodations (double occupancy), complimentary daily breakfast for the
Attendees, access to a fabulous event, and $200.00 in
spending cash for use in the Destination City. All other meals, gratuities,
transportation and other expenses not specified are the sole responsibility
of the Grand Prize Winner. All amounts reflected as dollar credits, gift
cards or cash awards are not intended as "per person allocations" and are
payable once and only to Grand Prize Winner. Trip is subject to availability
and blackout dates. All travel must be completed in July, 2010. Attendees
must travel together and sign any provided and appropriate risk waivers and
hold-harmless releases no later than five (5) days prior to departure or
forfeit the Grand Prize. |
$9,500.00 |
1st
PLACE ROUND PRIZES
ROUND PRIZE DESCRIPTION ARV
|
1 |
Willie Mays hand autographed baseball with deluxe gold
glove display case with nameplate |
$295.00 |
|
2 |
Cal Ripken Jr. hand autographed baseball with deluxe gold
glove display case with nameplate |
$265.00 |
|
3 |
David Ortiz hand autographed baseball with deluxe gold
glove display case with nameplate |
$215.00 |
|
4 |
Alex Rodriquez hand autographed baseball with deluxe gold
glove display case with nameplate |
$465.00 |
|
5 |
Ryan Howard hand autographed baseball with deluxe gold
glove display case with nameplate |
$235.00 |
|
6 |
Stan Musial hand autographed baseball with deluxe gold
glove display case with nameplate |
$185.00 |
|
7 |
Hank Aaron hand autographed baseball with deluxe gold
glove display case with nameplate |
$295.00 |
|
8 |
Alex Rodriquez hand autographed baseball with deluxe gold
glove display case with nameplate |
$465.00 |
|
9 |
Willie Mays hand autographed baseball with deluxe gold
glove display case with nameplate |
$295.00 |
|
10 |
Derek Jeter hand autographed baseball with deluxe gold
glove display case with nameplate |
$505.00 |
2nd
PLACE ROUND PRIZES
ROUND PRIZE DESCRIPTION ARV
|
Rounds 1 -10 |
Team Hat and T-shirt combination of 2nd Place
Round Winner's choice |
$85.00 |
5. ABILITY TO WIN. The Game is a game of skill. Each Player's
ability to win depends solely on (1)
his/her knowledge of the game of baseball and baseball game history; (2) his/her knowledge of the strengths
and weaknesses and both historical and recent performance of competing baseball
players; (3) his/her skill and
ability to apply his/her knowledge of the above in accurately identifying which baseball players will win when placed
in specific competition with other baseball players; (4) his/her skill in assessing an individual baseball player's
effectiveness in a specific game and statistically analyze and predict with
accuracy the total number of home runs, RBIs and /or hits likely to be achieved
by baseball players in a given game; (5)
his/her skill in assessing an individual baseball player's effectiveness in a
specific baseball field, diamond or other venue; and, (6) the number of eligible Players competing in the Game.
6. PRIZE AWARDING. Upon confirmation of eligibility and
execution of requested eligibility and release documents, Winners will be
awarded the prizes described in paragraph 4 above. All prizes will be awarded.
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. Gift cards may be subject to reasonable restrictions, the details of
which will be found on the card or at such alternative location as Winner is
directed. 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 otherwise agreed by Athlon 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 retail value of the 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 express mail
and/or email, at Athlon's discretion, on or about fourteen (14) business days
following the Effective Date ("Notification").
The identification of the names of all Winners will be posted on the "STANDINGS" page of the Site and will be
available for viewing no later than the Effective Date and a copy may be
obtained by either (i) emailing a request for of the names of all Winners to fantasybaseball@athlonsports.com;
or (ii) by sending a written request in a stamped, self-addressed envelope
(residents of Vermont may omit postage) within one (1) year of 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 by Athlon. All prizes must be redeemed by each Winner no
later than thirty (30) days following Athlon's confirmation of Notification. In
the event of a dispute as to the identity of a Winner, the Winner will be the
individual who was, at the time of entry, at Athlon's sole discretion, the
documented registered holder of the email account used to enter the Game. It is
the sole responsibility of the Player to notify Athlon during the Promotion
Period if his/her email address changes. The
sale, re-sale, auction, transfer or assignment of any travel, ticket, event,
gift card, autographed, branded or promotional merchandise prize 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. In the event that any prize is unavailable
at the time it is scheduled to be awarded, Athlon reserves the right, in its
sole discretion, to substitute that prize with either the cash value of the ARV
of the applicable prize or a prize or prizes of equal or greater value. 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, 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 prohibited by law). Winners may be required to sign an affidavit
of eligibility and liability release within five (5) days of Athlon's request (except where prohibited by law).
7. TERMINATION OR DISQUALIFICATION. To cancel any
Player's participation in the Game, Player must send an email to fantasybaseball@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. In the event of Game failure under this or any other
relevant paragraph ("Game Failure"),
entries received after Game Failure will be deemed defective and void for any
and all purposes hereunder and no screen shots, affidavits or other evidence of
entries will be accepted. 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 (i) immediately terminate that Player's participation in
the Game and future contests by Athlon; and (ii) 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. Athlon reserves 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 Athlon, corrupts or impairs the administration,
security, fairness or proper play of the Game, Athlon reserves the right to
cancel, modify, suspend or terminate the Game in its sole discretion and shall
thereafter have no responsibility to reinstate the Game or award any
prizes.
8. LIMITATION
OF LIABILITY. By registering for
and participating in the Game, Players agree: (a) to comply with the Official
Rules and the decisions of Athlon and the judges, which shall be binding and
final in all respects; (b) to comply with Athlon's privacy policy and terms and
conditions; (c) to release Sponsor and Athlon from all liability, loss or
damage arising out of or related to any participation in the Game or in
connection with the awarding, receipt, possession, use and/or misuse of any
prize; (d) to be contacted by Athlon by mail, telephone and/or email; and (e)
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. By registering for
and participating in the Game, Players and/or Winners release Athlon and
Sponsor, their respective officers, directors, employees, parent companies,
affiliates, subsidiaries, wholesalers, retailers, advertising, promotion,
fulfillment, marketing agencies, public relation firms, consultants and
contractors from any and all liability, claims or actions of any kind
whatsoever for injuries, damages or losses to persons (including personal
injury, death and/or property damage, as well as any claims based on publicity
rights, violations of protected speech rights or invasion of privacy) 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.
9. PLAYER, GAME AND SITE INFORMATION AND
CONTENT. Any information
provided to Athlon and Sponsor by a Player, including Players' names,
addresses, telephone numbers and e-mail addresses will be used to administer
the Game, communicate with Players in relation to the Game, for purposes of
fulfilling any applicable prizes, providing necessary notice, or in connection with
other appropriate purposes. Limited to the purposes outlined herein, Athlon
will collect, use, and protect personal data in accordance with Sponsor's
privacy policy, available for review on the Site. Any personal information
provided by a Player for the benefit of other Players, including Player's name, address, telephone numbers and
e-mail address 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 the Player and that such information may be accessible to third parties. No
Player will engage in the posting or blogging of false, harmful, offensive,
violent, obscene, hurtful or potentially damaging 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"). Players may report any violations of Protected Speech
Rights at fantasybaseball@athlonsports.com
and they will be addressed as, when and to the extent that Athlon and Sponsor
deem appropriate, in their sole discretion. 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, associated or identified with or endorsed, authorized, or licensed
by any of the athletes, teams, coaches, leagues, educational institutions,
professional organizations, their related sponsors, endorsers, presenters,
award programs, honors or any other entity or individual associated with or connected
to the game of baseball ("Third Party [ies]") and neither are any of the Third
Parties in any way a sponsor of or associated with Athlon, Sponsor, the Game or
the Site. Any and all of the Third Parties' names, brands, identifying terms,
designations, symbols, designs or other exclusive or proprietary content,
including any embedded or associated trademarks, service marks, copyrights,
designs, design marks, illustrations, trade dress, trade names, likenesses,
logos, images or other intellectual property or protected content ("Third Party
Materials") found on the Site are the exclusive property of the respective
Third Party owners. All uses of Third Party Materials on the Site or in
connection with the Game, if any, are solely for the purpose of factually
referencing and identifying the person, thing or event being discussed, in
context and for acceptable, valid, appropriate, factually descriptive,
identifying non-trademark purposes
only. Neither Athlon nor Sponsor are owners of or 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 that are not
Third 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 any and all associated goodwill and market
recognition, are the exclusive and valuable intellectual property of Sponsor,
subject to copyright, trademark and/or other statutory protections, and may not
be copied, used, distributed, adopted, merged, or appropriated for any purpose.
10. GENERAL INFORMATION. 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 or the ability to win prizes. In the event of any (i) inadvertent computer or operator
error; (ii) illegal or inappropriate
activity or intrusion of or by any Player or unrelated third party; (iii) unanticipated application,
failure or effect of Site function, Game mechanisms of play, individual Game or
Site components, software or hardware; (iv)
change of law, general market conditions or industry custom relevant to
identical or similar programs; or (v)
force majeure events affecting the commencement, timing, operation or schedule
of registration, process of play, entry completion or submission, scheduled
deadlines, the accrual or calculation of points or other increments evidencing
successful play, the determination, notification, or posting of Winners, the
application of tie-breaking or automatic entry procedures, communication with
or between Players or Winners, or the valuation, identification, acquisition or
awarding of prizes, Athlon reserves the right, in its sole discretion, to
modify, delay, revise, add-to, nullify, delete, increase, reduce, lengthen,
shorten, divide into parts or partially utilize the previously stated timing,
commencement, length or termination of any individual Round (or similar
increment of play) or multiple Rounds, the Game as a whole, any entry, play,
response or promotion period, deadline or schedule and/or to implement
substitute Rounds, additional or different games, races or tournaments within a
Round, other entry, response or promotion periods, deadlines or schedules, or
portions thereof, solely for purposes of
continuing the Game under changed conditions, conducting the Game in a fair and
reasonable manner, achieving the goals of the Game despite unanticipated
circumstances, preventing harm to Athlon, Sponsor, any Player or third party,
and/or determining Winners on a fair and 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 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. By participating in
the Game, 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 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.
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Johnsonville Sausage Company, LLC.
Produced and
Administered by Athlon Sports Communications, Inc., 220 25th Avenue
North, Nashville, Tennessee 37203. © 2010 Athlon Sports Communications, Inc.
All rights reserved.