Official Contest Rules
AMERICAN WATER HEATERS HOME RUN FANTASY GAME
2008 OFFICIAL GAME RULES
1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. This Game ("Game") begins at 12:00:01 AM Eastern Time on March 1st, 2008 and ends at 11:59:59 PM Eastern Time on September 27th, 2008. THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of Professional Baseball to accumulate the most points in this Game during the 2008 season.
2. ELIGIBILITY: This game is open to business associates of American Water Heaters ("Sponsor") who are legal residents of one of the 50 United States or the District of Columbia, who are 18 years of age or older on date of entry and have the ability to enter into valid contracts in their personal jurisdiction of residence. The promotion is VOID outside of the eligibility area and where otherwise taxed, prohibited or restricted. American Water Heaters' officers, directors, employees and agents, and non-eligible individuals may play, but WILL NOT be eligible to receive any prizes. Employees and directors of Athlon Sports Communications, Inc. ("Athlon Sports") and their respective affiliates, subsidiaries, franchisees, dealers, advertising and promotional agencies, officers, agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households are ineligible to participate in the Game. By participating, you agree to these Official Rules and to the decisions of Sponsor and the judges, which are final and binding in all respects.
3. HOW TO ENTER: Beginning March 1st, 2008 through September 20th, 2008, log on to http://www.americanwaterheaterbaseball.com (the "Site") and follow the instructions to complete an official entry form and to select a weekly group of professional baseball teams (an "entry" or "entries"). Submit your entry electronically no later than 11:59:59 P.M. Eastern Time the day before the first day of each round of play (the "Weekly Deadline") (see Weekly Deadline Schedule below).
Weekly Deadlines Schedule:
|
Game Week |
Game Round |
Picking Opens |
Picking Closes |
|
1 |
All Games (March 30 -- April 5) |
March 17th (08:00:00 a.m. EST) |
March 29th (11:59:59 p.m. EST) |
|
2 |
All Games (April 6 -- April 12) |
March 30th (12:00:01 a.m. EST) |
April 5th (11:59:59 p.m. EST) |
|
3 |
All Games (April 13 -- April 19) |
April 6th (12:00:01 a.m. EST) |
April 12th (11:59:59 p.m. EST) |
|
4 |
All Games (April 20 -- April 26) |
April 13th (12:00:01 a.m. EST) |
April 19th (11:59:59 p.m. EST) |
|
5 |
All Games (April 27 -- May 3) |
April 20th (12:00:01 a.m. EST) |
April 26th (11:59:59 p.m. EST) |
|
6 |
All Games (May 4 -- May 10) |
April 27th (12:00:01 a.m. EST) |
May 3rd (11:59:59 p.m. EST) |
|
7 |
All Games (May 11 -- May 17) |
May 4th (12:00:01 a.m. EST) |
May 10th (11:59:59 p.m. EST) |
|
8 |
All Games (May 18 -- May 24) |
May 11th (12:00:01 a.m. EST) |
May 17th (11:59:59 p.m. EST) |
|
9 |
All Games (May 25 -- May 31) |
May 18th (12:00:01 a.m. EST) |
May 24th (11:59:59 p.m. EST) |
|
10 |
All Games (June 1 -- June 7) |
May 25th (12:00:01 a.m. EST) |
May 31st (11:59:59 p.m. EST) |
|
11 |
All Games (June 8 -- June 14) |
June 1st (12:00:01 a.m. EST) |
June 7th (11:59:59 p.m. EST) |
|
12 |
All Games (June 15 -- June 21) |
June 8th (12:00:01 a.m. EST) |
June 14th (11:59:59 p.m. EST) |
|
13 |
All Games (June 22 -- June 28) |
June 15th (12:00:01 a.m. EST) |
June 21st (11:59:59 p.m. EST) |
|
14 |
All Games (June 29 -- July 5) |
June 22nd (12:00:01 a.m. EST) |
June 28th (11:59:59 p.m. EST) |
|
15 |
All Games (July 6 -- July 12) |
June 29th (12:00:01 a.m. EST) |
July 5th (11:59:59 p.m. EST) |
|
16 |
All Games (July 13 -- June 19) |
July 6th (12:00:01 a.m. EST) |
July 12th (11:59:59 p.m. EST) |
|
17 |
All Games (July 20 -- July 26) |
July 13th (12:00:01 a.m. EST) |
July 19th (11:59:59 p.m. EST) |
|
18 |
All Games (July 27 -- Aug. 2) |
July 20th (12:00:01 a.m. EST) |
July 26th (11:59:59 p.m. EST) |
|
19 |
All Games (Aug. 3 -- Aug. 9) |
July 27th (12:00:01 a.m. EST) |
Aug. 2nd (11:59:59 p.m. EST) |
|
20 |
All Games (Aug. 10 -- Aug. 16) |
Aug. 3rd (11:59:59 p.m. EST) |
Aug. 9th (11:59:59 p.m. EST) |
|
21 |
All Games (Aug. 17 -- Aug. 23) |
Aug. 10th (11:59:59 p.m. EST) |
Aug. 16th (11:59:59 p.m. EST) |
|
22 |
All Games (Aug. 24 -- Aug. 30) |
Aug. 17th (11:59:59 p.m. EST) |
Aug. 23rd (11:59:59 p.m. EST) |
|
23 |
All Games (Aug. 31 -- Sept. 6) |
Aug. 24th (11:59:59 p.m. EST) |
Aug. 30th (11:59:59 p.m. EST) |
|
24 |
All Games (Sept. 7 -- Sept. 13) |
Aug. 31st (11:59:59 p.m. EST) |
Sept. 6th (11:59:59 p.m. EST) |
|
25 |
All Games (Sept. 14 -- Sept. 20) |
Sept. 7th (11:59:59 p.m. EST) |
Sept. 13th (11:59:59 p.m. EST) |
|
26 |
All Games (Sept. 21 -- Sept. 27) |
Sept. 14th (11:59:59 p.m. EST) |
Sept. 20th (11:59:59 p.m. EST) |
In order for any entry to be valid, players must indicate their acceptance of these rules by checking the box next to "I have read and agree to the Official Rules" during the registration process. Entrant will be asked to provide his/her name, e-mail address, phone number, physical address, birth date (if indicated) and to select a username and password for subsequent visits. Entrant also may be asked to consent to receive promotional emails. Consenting to receive promotional emails is optional and does not have to be agreed to in order to be eligible to enter the Game or to win a prize. To complete his/her entry, Entrant must click on the "Submit Picks" button.
Lost, late, illegible, incomplete or misdirected entries are not eligible. Neither Athlon Sports nor Sponsor is responsible for any 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 an entrant's or any other person's computer.
4. EARNING POINTS: The baseball teams are presented in 5 groups of 6, each team being assigned a point value between 1 and 6 based on its relative value against the other teams in that group. For each team selected, its assigned point value is added together to arrive at a team value total. At least one team must be selected from each of the 5 groups. The team value total (derived from the sum of all teams selected) must maintain a cumulative point value of 23 points or less. Entries attempting to select a group of teams that exceeds 23 points will be rejected by the computer system and the Entrant will be asked to reselect a team that does not bring their point total over 23 points. Each Entrant must also enter a prediction for the total number of home runs hit by a specific team in each round. The prediction of total number of home runs hit will be used only in the event of a tie-breaking round as described below.
Entrants earn one (1) point for each one (1) home run their selected teams hit in a given round. If an entrant who participated in the prior week fails to select a team by the Weekly Round Entry Deadline, the entrant's teams will be automatically selected by the game computer system and will include the lowest ranked teams (the teams in each group with a value of 1).
The entrant with the most cumulative points at the end of the 26-week season will be the Grand Prize winner. The entrant with the second-most cumulative points at the end of the 26-week season will be the Grand Runner-up Prize winner. The entrant with the third-most cumulative points at the end of the 26-week season will be the Grand Second Runner-up Prize winner. The entrant with the most cumulative points at the end of each week will be the Weekly prize winner. The entrant with the second-most cumulative points at the end of each week will be the Weekly runner-up prize winner. The entrant with the third-most cumulative points at the end of each week will be the Weekly second runner-up prize winner.
5.
TIE-BREAKER: In case of a tie for any of the Weekly prizes for any round, the entrants' tiebreaker entry (prediction of total home runs hit by the teams randomly selected for that round) will be used to break ties. The entrant closest to the actual 'Number of Team Home Runs' will win the tiebreaker. If a tie persists, the entrant who earned the most points with their Group A team will be the winner. This process will be repeated (moving from Group B, C, D and E) until the tie is broken. In the event that two or more Entrants remain tied after applying all tiebreaker procedures (as would be the case with identical entries), the first Entrant to submit his/her entry will be determined the winner.
In the event of a tie for the Grand Prize, the cumulative points each entrant has been awarded for their tie-breaker predictions ("Cumulative Tiebreaker Score") will be used to break the tie. The entrant with the lowest Cumulative Tiebreaker Score will be the winner. If a tie persists, the cumulative totals of each tied entrants' Group A teams will be used, with the highest total determining the winner. This process will be repeated (moving from Group B, C, D and E) until the tie is broken. In the case of exact duplicate entries, all tied entrants will be awarded a lesser Grand Prize where the sum total of all grand prizes awarded does not exceed the ARV for the original Grand Prize.
Winners will be determined on or about 7 days following the end of each Round, by Sponsor or its agent, the judge of the game whose decisions are final and binding. Round winners will be notified by overnight mail and/or e-mail on or about 14 days following the end of each Round. All winners must provide positive identification as specified by Sponsor and Athlon Sports to claim a prize. Winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release, which must be received by Sponsor or its agent within 14 days of the date of notification or prize will be forfeited and an alternate winner selected. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate winner. To cancel entrant participation in the game, the entrant is required to send an email to support@athlonsports.com requesting they be removed. All entrant points earned by the entrant prior to cancellation will be forfeited.
6. ODDS OF WINNING: Odds of winning are determined by and depend upon the total
number of eligible entries received. A total of one (1) Grand Prize will be awarded.
7. GRAND PRIZE: One (1) Grand Prize winner will be awarded a trip for two to either Arizona or Florida for Spring Training to visit their choice of teams (teams subject to change). The trip is to include round-trip coach airfare, five nights hotel accomodations (double occupancy), souveniers, rental car and game tickets. All other meals, gratuities, transporation and other expenses not specified are the sole responsibility of the winner. ARV: $4,000.00.
GRAND RUNNER-UP PRIZE: One (1) Grand Prize Runner-up will be awarded either a Cal Ripken autographed jersey or Cal Ripken autographed bat. ARV: $500.00.
GRAND SECOND RUNNER-UP PRIZE: One (1) Grand Prize Second Runner-up will be awarded an autographed Ken Griffey bat with case. ARV: $500.00.
WEEKLY PRIZES: Twenty-six (26) Weekly Prize winners will be awarded an autographed baseball with custom case. ARV: Varies.
WEEKLY RUNNER-UP PRIZES: Twenty-six (26) Weekly Prize runner-up winners will be awarded an MLB hat of choice. ARV: $35.00.
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 (including any taxes) and all other expenses incurred in winning and accepting the Grand Prize. 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 said prize, any and all costs of redemption or travel to redeem said prize, and any and all liability that might arise from redeeming or seeking said prize. The ARV of the prizes set forth above represents Athlon Sports' good-faith determination of the retail value thereof.
8. PRIZE AWARDING: ALL PRIZES WILL BE AWARDED. Prizes will be awarded only upon winner validation and verification by Athlon Sports. In the event of a dispute as to the identity of a winner, the individual who was, at the time of entry (at Athlon Sports' sole discretion) the registered holder of the email account used to enter the Game, will be deemed the eligible entrant. It is the sole responsibility of the Entrant to notify the Sponsor during the Promotion Period if his or her email address changes. No transfer or assignment of any prize is permitted. No substitution of any prize will be permitted, except that Athlon Sports reserves the right, at its sole discretion, to substitute any prize with either the cash value of the applicable prize that would otherwise have been awarded, or a prize or prizes of equal or greater value, in the event that such prize is unavailable. 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 winners' 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 unless prohibited by law and any such use with respect to minors will be subject to prior written approval from the parent or legal guardian. Winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release and return the signed and notarized form within fourteen (14) days of notification. Because of the unique nature and scope of the Game, Athlon Sports and Sponsor reserve the right, in addition to the other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Game.
9. DISQUALIFICATION: 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" entrant) is strictly prohibited. Neither Athlon Sports 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, or other error of any kind whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of this Game, as solely determined by Athlon Sports and/or the Sponsor, will be disqualified. If disqualified for any of the above abuses, Athlon Sports reserves the right to terminate such person's eligibility to participate in this Game and future games sponsored by Athlon Sports. Entrants further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon Sports from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. Any attempt to damage any website of Athlon Sports and/or the Sponsor, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules as well as criminal and civil laws. Athlon Sports reserves the right to seek remedies and damages from any responsible individual 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 Sports which, in the sole opinion of Athlon Sports or Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon Sports reserves the right to suspend or terminate the Game. In no event will more prizes be awarded than those listed above in Section 7.
10. LIMITATION OF LIABILITY: By entering, entrants agree (a) to these Official Rules, and the decisions of Athlon Sports, the Sponsor and the judges, which shall be binding and final in all respects; (b) to release Athlon Sports from all liability, loss or damage arising out of participation in the Game and with respect to the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Sponsor by mail, telephone and/or email; and (d) acknowledge that neither Athlon Sports nor the Sponsor make 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 participating, the winners release Athlon Sports and Sponsor, their respective officers, directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relations firms, consultants or contractors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property that may be sustained in connection with the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or arising out of participation in this Game, or while preparing for, participating in, and/or traveling to any prize-related activity. IN NO EVENT WILL Athlon Sports, THE SPONSOR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relationS firms, consultants or contractors BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE GAME OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THIS GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.
11. COMMUNICATIONS: Personally identifiable information that is submitted by Entrants as a part of this Game, including Entrants' name, address, telephone number and e-mail address will be used by Sponsor and Athlon Sports to (1) administer the Game; (2) notify the Game Winners; and (3) fulfill prizes and will be treated in accordance with Athlon's Privacy Policy which is accessible on its website at http://www.athlonsports.com/privacy.html.
12. GENERAL INFORMATION: GENERAL INFORMATION: Athlon Sports reserves the right to modify the Official Rules for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, including in the event of unanticipated events leading to unexpected tied Entrants, 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. In the event of inadvertent computer or operator error or force majeure events affecting the schedule(s) of Rounds or entry deadlines, Athlon Sports reserves the right to nullify or modify any Round or its identified timing and/or schedule and/or, in their sole discretion, to implement substitute Rounds, schedules, or portions thereof, solely for purposes of determining winning Entrants on an equal basis and without unfairly disqualifying otherwise eligible Entrants from winning prizes. Neither Athlon Sports nor Sponsor is affiliated with, endorsed by, or licensed by, any of the players, teams, leagues, or their sponsors or Entrants identified in connection with this Game, and none are a sponsor of or associated with the Game in any way. Player, team, league and other associated names are the trademarks of their respective owners and are used for factual, descriptive purposes only. All trademarks, logos and images pertaining to any of the above ("Third Party Marks") contained within the Site are the property of their respective owners. The Site is intended for informational and entertainment use only. 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
Winners List: For the winners' names (available after December 1st, 2008), send a stamped, self-addressed envelope for receipt by January 1st, 2009, to: Athlon Sports Communications, Inc., 220 25th Avenue North,
Sponsored By: American Water Heaters
Produced By: Athlon Sports Communications, Inc., 220 25th Avenue North,
The Game and all accompanying materials are © 2008 Athlon Sports Communications, Inc. All rights reserved.
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