Tennis Channel 2008 US OPEN Racquet Bracket Contest
OFFICIAL RULES AND REGULATIONS
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VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
1. SPONSOR. The Tennis Channel 2008 US Open Racquet Bracket Contest (the "Contest") is sponsored by The Tennis Channel, Inc., with offices at 2850 Ocean Park, Blvd., Suite 150, Santa Monica, California 90405 and Tourney Logic, LLC, with offices at 5634 Southlake Ct., Hudsonville, Michigan 49426 (collectively, the "Sponsor")
2. Eligibility. The Contest is open only to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or older as of date of entry. Employees and their immediate families (parents, spouses, siblings, children, household members and the spouses and children of the foregoing) of Sponsor, and its parent companies, subsidiaries, affiliates, divisions, trustees, franchisees, participating vendors, distributors, dealers, advertisement or promotion agencies and affiliated agencies and their respective employees, officers, directors, shareholders, investors, successors and assigns (the "Contest Entities") are not eligible to enter the Contest. By entering the Contest, participants agree to abide by all terms of these Official Rules and the decisions of the Sponsor. The Contest is subject to all federal, state and local laws and regulations. Eligibility, age and all claims made by potential winners are subject to verification. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and (where legally permissible) Publicity Release Form, except where prohibited by law, within five (5) days of receipt of same. Do not proceed in this Contest if you do not fall within the eligibility requirements set forth in these Official Rules and Regulations.
3. ENTRY PERIOD/CONTEST PERIOD. Entry to the Contest begins at 5:00PM Pacific Daylight Time ("PDT") on August 21, 2008 and continues through 8:00AM PDT on August 25, 2008 (the "Entry Period"). The Contest will run for the duration of the 2008 US Open (the "Tournament") currently scheduled to begin on August 25, 2008 and conclude on September 7, 2008 ("the Contest Period").
4. CONTEST objective. The object of the Contest is to earn as many points as possible by correctly predicting the winner of each men's or women's (each a "Category") singles tennis match in the Tournament, from the opening match through to the final championship match, and to predict the total number of aces the champion will serve in the final match, and the elapsed duration of the final match (in minutes). To participate in the Contest, entrant must attempt to predict the winner of each individual match (a "Match") in the singles draw in either Category of the Tournament (a "Prediction"). Contestant may only make one (1) Prediction per Match. A Prediction needs to be correct in order to earn Contest points. The points accrued for each correct Prediction are as follows: first round Match = 1 point, second round Match = 2 points, third round Match = 3 points, fourth round Match = 5 points, quarter-final Match = 10 points, semi-final Match = 20 points and final Match = 30 points. Based upon the anticipated draw size, the maximum possible point score in each Category is 326.
5. HOW TO ENTER. To enter the Contest log on to the Tennis Channel website currently at http://www.tennischannel.com ("Entry Site"). Once there, click on the Contest icon or Contest text link, either of which will take you to the Contest home page and entry form. Then, complete and thereafter transmit the entry form ("Entry"). Information required on the entry form (collectively "Entry Information") consists of your complete legal name (first name and last name), complete home address consisting of street address (with apartment number if applicable), town, state and zip code (no P.O. Boxes), email address, daytime telephone number (including area code) and Predictions. Entrants may enter the men's Category, the women's Category, or both Categories. Limit one (1) Entry per person, per Category, for the entire Entry Period; beyond this, multiple Entries from any person will be voided; multiple Entries from any email address will be voided. Entries must be received by 8:00AM PDT on August 25, 2008. All required Entry Information must be completed in full. Proof of delivery or receipt of Entry, will not be deemed by Sponsor as proof of entry. Any attempted form of entry other than as described herein is void. Participants represent and warrant that they have not purchased any kind of Internet service in order to enter Contest. Entries must be made by the entrant only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.
6. DETERMINATION OF WINNERS. At the conclusion of the Tournament, the top eligible entrants in each Category with the highest number of points achieved will, subject to verification and compliance with the terms of these rules, be declared the Prize Winners (see Prizes section below for details). An entrant who enters both Categories may win a prize in both Categories. Within a Category, if two or more eligible entrants tie for a prize, the following tie breaker criteria will be used: the eligible tied entrant who comes closest to correctly predicting how many aces the champion served in the final match will be declared the winner; In the event of a further tie, the eligible tied entrant who comes closest to predicting the duration of the final match (in minutes) will be declared the winner. In the unlikely event of a further tie, the winner will be randomly selected from amongst the remaining tied entrants by Sponsor. All decisions of Sponsor will be final.
Grand Prize: Two (2) Grand Prizes. The top scoring winner in each Category will be awarded one (1) Grand Prize. Grand Prize consists of one (1) Five Hundred Dollar ($500.00) Tennis Warehouse gift card redeemable for any merchandise available at www.tenniswarehouse.com (the "Grand Prize"). The Approximate Retail Value ("ARV") of the Grand Prize is $500.00.
Second Prize: Eighteen (18) Second Prizes. The winner with the second through the tenth highest number of points in each Category will be awarded one (1) Second Prize. The Second Prize consists of one (1) copy of "The Open Book: Celebrating 40 Years of America's Grand Slam" published by Triumph Books. The ARV of the Second Prize is $34.95.
Prize winners cannot assign or transfer the prize to another person. Sponsor in its sole discretion may substitute a different prize of approximately equivalent or greater retail value. Any depictions of the prizes are for illustrative purposes only. All federal, State, local or other taxes, if any, are the sole responsibility of winner. One (1) prize per winner/household/Category. The total ARV of all prizes is $1629.10.
8. CLAIMING PRIZES/RELEASES. Prizes are non-refundable for cash and non-changeable once issued. If lost, prize elements will not be replaced. Prize winners cannot assign or transfer their prizes to another person. Fulfillment dates for Grand Prizes will be at Sponsor's sole discretion, with delivery anticipated to take place on or before October 30, 2008. No substitution, transfer, or cash equivalent for prizes (or prize components), except that Sponsor may substitute a prize (or prize component) for one of equal or greater value for any reason. In the event that a prize component is not available for any reason, then the remaining elements of prize shall constitute full satisfaction of Sponsor's prize obligation to winner and no additional compensation will be awarded. Any depictions of prize (or prize elements) are for illustrative purposes only. Prize Winners are responsible for any and all expenses and taxes not included in the prize package, including, but not limited to, Federal, state and local taxes. All arrangements are subject to availability. Prizes are provided "as is" and without any warranty of any kind.
Eligibility, age and all claims made by a potential winner are subject to verification. If a potential winner cannot be reached after a reasonable effort has been exerted, or if he/she is found to be ineligible, an alternate winner may be selected in Sponsor's sole discretion. If the prize or prize notification is returned as undeliverable or if the potential winner fails to respond to notification attempts, the winner may be disqualified, and an alternate winner may be selected in Sponsor's sole discretion. In the event the winner declines the prize or winner fails to return completed releases described below, Sponsor may elect, at its own discretion, to select an alternate winner. If a dispute arises regarding who submitted an on-line entry, the entry will be deemed submitted by the holder of the e-mail account as determined by Sponsor. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and (where legally permissible) Publicity Release Form, except where prohibited by law, within five (5) days of receipt of same. By accepting any Prize, Prize Winners consent to the use of Prize Winners' names, photographs and likenesses, without additional compensation, for advertising, trade and promotional purposes, and any and all matters related to the Contest, in all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. If a potential winner fails to comply with official rules and/or to submit required documentation within the designated period, the prize will be forfeited and an alternate winner may be selected at Sponsor's sole discretion. In accepting prize, winner further acknowledge that the Contest Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to prize or prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible or liable for its failure to contact potential winners due to an incorrect, out of date or undeliverable mailing address, email address or telephone number. Participants should be sure to update their user accounts regularly with their correct contact information so that they will be able to receive prizes if selected as a potential winner. A potential winner, who fails to notify Sponsor with any complaint or problem within three (3) days after attempted prize notification, forfeits their right to do so. Sponsor is not responsible for fraudulent mail/email sent to entrants not by Sponsor.
9. GENERAL RULES AND REGULATIONS. By entering the Contest, participants agree to waive any rights to claim ambiguity with the Official Rules and Regulations. All participants further acknowledge that if they are verified as a Winner, certain of their personally identifying information may be disclosed to third parties at least as required by law including, without limitation, on a Winner's List. The Winners names will be kept on file for one (1) year after the end of this Contest. Participation in the Contest constitutes participant's understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor's decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. The Sponsor and Contest Entities expressly disclaim any responsibility or liability for injury, death or loss to any person or property relating to the delivery and/or subsequent use, misuse, malfunction, availability, and delay in delivery of the prizes awarded. Sponsor and Contest Entities shall not be liable to Winners or any other person for failure to supply the prizes, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. Sponsor and Contest Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by a restaurants, transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor and Contest Entities shall not be liable for any loss or damage to personal property. Neither Contest Entities nor Sponsor make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the prizes including, without limitation, quality, merchantability or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omission, delays, re-routing or acts of any government or authority. Sponsor may modify, rescind, cancel or revoke the promotion at any time in its sole discretion without notice or liability. By entering, entrants release the Sponsor and the Contest Entities, from any and all liability for injuries, losses or damages of any kind resulting from participation in the Contest and/or acceptance or use (or misuse) of a prize, including any indirect, incidental, consequential or punitive damages. Entrants who attempt to tamper with this Contest in any way shall be disqualified. All federal, state and local laws and regulations apply. Additional restrictions may apply. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. The recipient is responsible for any income tax liability and should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return. Any attempt to deliberately damage the Contest or operation of the Contest is unlawful and subject to legal action by the Sponsor and/or Contest Entities who may seek damages to the fullest extent permitted by law.
11. Bugs and Viruses; Irregularities; Cancellation. Sponsor reserves the right, in its sole discretion, to suspend, cancel or modify the Contest at any time if a computer virus, bug, malfunction, Manipulation, act of sabotage, act of God, or any other problem, regardless of the cause, affects, compromises, or corrupts the administration, security, or proper play of the Contest. Notice of cancellation will be posted at the Entry Site. Prizes that are not obtained through authorized legitimate methods, or are the result of Manipulation, mechanical, electronic, digital or computer or other error, are void. Sponsor shall not be obligated to award any prize that relates to or arises out of an irregular entry or improper or mistaken prize notification, operation or function of this contest. No more than the stated number of prizes in these Official Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor) Sponsor cannot continue the Contest, Sponsor may, in its sole discretion, cancel this Contest.
12. Release of Liability; Limitation of Liability. By entering the Contest, participants agree to release the Sponsor and Contest Entities from any and all liability claims or actions of any kind whatsoever for injuries, death, damages or losses to persons and/or property which may be sustained in connection with participation in the contest, and/or the receipt, ownership, use, or misuse of any prize. Entrants agree that Sponsor, its respective officers, directors and employees, and its agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:
a) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries, lost, misdirected or otherwise undeliverable mail, or postage-due notices, release forms, affidavits or other correspondence;
b) potential winner's unsuccessful efforts to claim any prize;
c) any telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, slow-downs, failures, or difficulties of any kind;
d) failed, incomplete, garbled, or delayed computer transmissions;
e) human error, incorrect or inaccurate transcription of Entries;
f) any condition caused by events beyond the reasonable control of the Sponsor that may cause the Contest to be disrupted or corrupted, however minor;
g) any injuries, losses, or damages of any kind, including without limitation, personal injury, death and property damage arising in connection with or as a result of the acceptance, possession, or use of a prize, or from participation in the Contest;
h) any unauthorized Entries or Manipulation by a person;
i) any printing or typographical errors in any materials associated to the Contest, or errors attributable to a malfunctioning prize notice or pop-up window associated with the Contest;
j) any claims based on publicity rights, defamation or invasion of privacy;
k) any damage to any entrant's (or any third person's) computer and/or its contents related to or resulting from any part of this Contest;
l) any fraudulent mail/email sent to entrants not by Sponsor.
IN NO EVENT WILL SPONSOR, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES 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 OR IN CONNECTION WITH YOUR (1) ACCESS TO AND USE OF, OR INABILITY TO ACCESS, THE SITE, (2) DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THIS SITE, (3) PARTICIPATION IN THE CONTEST OR ANY OF THE GAMES AVAILABLE ON THE SITE, OR (4) ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTEST AND THE OTHER GAMES ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
13. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules and Regulations, or the rights and obligations of any participant and Contest Entities, shall be governed by, and construed in accordance with the laws of California. In any action brought to enforce the obligation or right of any party hereunder they consent to personal jurisdiction and venue in any court of appropriate jurisdiction in Los Angeles County, California, USA. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.
14. Official Rules AND REGULATIONS/NAMES OF Winners. For a copy of these Official Rules and Regulations or the names of the Winners, send a self-addressed, stamped envelope to: The Tennis Channel 2008 US Open Racquet Bracket "RULES"/"WINNER'S LIST" (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by December 29, 2008. The Official Rules and Regulations will be accessible from the Entry Site during the Contest Period. The Winners Names may be posted on the Contest Entry Site.
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