Rules for the Win a trip for two to Las Vegas Promotion
THE FOLLOWING PROMOTION IS INTENDED ONLY FOR LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, WASHINGTON, D.C., AND CANADA (EXCLUDING QUEBEC, PUERTO RICO AND OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE NOT A RESIDENT OF THE FIFTY (50) UNITED STATES OR WASHINGTON, D.C. OR IF YOU ARE LOCATED IN QUEBEC, PUERTO RICO, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES.
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 PROMOTION.
1. ELIGIBILITY: NO PURCHASE NECESSARY. "Win a trip for two to Las Vegas" (the "Promotion") is open only to legal residents of the 50 United States, Washington, D.C., and Canada (excluding Quebec) who are twenty-one (21) years or older as of the date of entry, and are registered members of ESPN.com. (Registration is further described below in Section 4.) Employees of (i) Sponsor (defined in Section 2), Promoters (defined in Section 2) or their respective affiliates, or (ii) any entity directly connected with the development, implementation or marketing of this Promotion, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible. This Promotion is void in all U.S. Territories, (e.g., Puerto Rico and Guam) and where prohibited by law.
2. SPONSOR; PROMOTERS. This Promotion is sponsored by ESPN/Starwave Partners d/b/a ESPN Internet Ventures ("EIV"). Additional advertisers associated with the Promotion, if any, shall be deemed a Promoter for purposes of these Official Rules
3. TIMING: TThe Promotion begins on Monday, November 2, 2009, at approximately midnight/12:00 a.m. Eastern Time ("ET") and ends on Sunday, December 20, 2009, at approximately 11:59 p.m. ET (the "Promotion Period"). For purposes of these Official Rules, all times are ET.
4. ENTRY PAGE: To access the Promotion, go join the "ESPN Poker Club" at http://games.espn.go.com/poker/index.
5. ESPN.COM REGISTRATION: To participate in the Promotion, you must be a registered member of ESPN.com or one of Sponsor's affiliated websites (ABC.com, ABCNews.com, DisneyOnline.com, EXPN.com, Family.com and Movies.com). Registration is free.
6. NOT YET A MEMBER: You may register by clicking on the applicable link on the ESPN Poker Club page and following the instructions. You will be asked to provide your name, email 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. Even if you consent, you may subsequently opt-out of receiving such emails or offers by clicking on the member services link at the footer of any ESPN.com page, then clicking on the Change Account Information link and following the instructions.
- Already a Member. If you are already a member (or if you are a member of one of Sponsor's affiliated websites), then you do not need to register again. You may participate in the Promotion by logging in on ESPN.com with your current username and password.
- 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 participate in the Promotion.
- 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. HOW TO ENTER:
- Enter Online. Go to the ESPN Poker Club (by logging on to http://games.espn.go.com/poker/index) during the Promotion Period and then click on "Download Now" to download and install the ESPN Poker Club Game Client Software (the "Software") on your computer. You may view the Software download instructions here: http://games.espn.go.com/poker/index. During the download process, you will be required to agree to certain terms and conditions set forth in a license agreement applicable to your use of the Software.
- Limit. ONE (1) ENTRY PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS) OR PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS).
- Void. Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) or submission of multiple entries 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.
- Change of Email Address. It is the sole responsibility of the Entrant to notify the Sponsor during the Promotion Period if his/her email address changes. To do so, click on the member services link on any ESPN.com page fantasy game page, then click on the Change Account Information link and follow the instructions.
- Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected games, which will be disqualified.
- Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion, 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.
- 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, the authorized account holder, i.e., natural person, of the email address used to register will be deemed to be the registrant. Potential winners may be required to show proof of identification. Sponsor may require that the potential winner provide proof that he/she is the authorized account holder of the email address and/or password associated with the winning entry.
8. HOW TO PLAY:
- Getting Started. After you download and install the Software, you will have ready access to the ESPN Poker Club Game Client and you will be able to participate in the Promotion. For complete instructions on how to download and install the Software, click here. The Software will automatically run after installation - you will be able to access the ESPN Poker Club Game Client at any time by double-clicking the "ESPN Poker Club" icon on your desktop.
- Objective. The objective of the Promotion is (i) to earn at least sixty (60) points in any given week during the Promotion Period to qualify for and play in any one of eighteen (18) weekly qualifiers (each a "Sunday Qualifier"); and (ii) to be among the top twenty-five (25) players in each Sunday Qualifier throughout the Promotion Period to qualify for the Final Tournament, which will take place on Sunday, November 20, 2009 at 8:00 p.m.
- Beginning Play. Each player will be automatically credited with 1200 chips prior to beginning play. Once a player is ready to begin play, he/she will be able to play games in the Poker Room and play in Single Table Tournaments, Multi Table Tournaments and Daily Big Play Tournaments (described below). If the balance of a player's chips drops below 500, he/she may add an additional 1200 chips by clicking on the "Account" button in the ESPN Poker Club Game Client lobby and selecting "Request More Chips". A player may request additional chips once every twenty-four (24) hours.
- How to Qualify for Sunday Qualifiers. All Sunday Qualifiers are no-limit Texas hold 'em tournaments played every Sunday during the Promotion Period. To qualify for a Sunday Qualifier, a player must earn at least sixty (60) points during the week preceding the Sunday Qualifier, which he/she may accomplish by doing any one of the following:
- Play 1500 hands in the Poker Room - a player will earn one (1) point for every twenty-five (25) games he/she plays in any game in the Poker Room (games available in the Poker Room are described in Section 8.d.iv below);
- Win ten (10) Single Table Tournaments - a player will earn six (6) points for every Single Table Tournament he/she wins;
- Win one (1) Multi Table Tournament - a player will earn sixty (60) points for every Multi Table Tournament he/she wins, given that the tournament awards points; or
- Place in the top twenty (20) of any Daily Big Play Tournament - a player will earn sixty (60) points for every Daily Big Play Tournament in which he/she places in the top twenty (20).
- Poker Room Games. Players may play any of the following six (6) games in the Poker Room (a description of each game and its corresponding link on "How to play" are listed below):
- Texas Hold Em - How to Play
- 7 Card Stud - How to Play
- 7 Card Hi/Lo - How to Play
- Omaha - How to Play
- Omaha Hi/Lo - How to Play
- 5 Card Stud - How to Play
The Poker Room has different table bet limits for beginners, intermediates and advanced players. Generally, the higher the table limit, the more difficult the table. Additional tables offer no-limit poker with set buy-ins. Players will earn one (1) point for every twenty-five (25) Poker Room hands he/she plays. By playing at least 1,500 of any combination of Poker Room hands in a given week, a player will earn the requisite sixty (60) points he/she needs to qualify to play in that week's Sunday Qualifier. All table limits are eligible and a player need not win a game for that game to count toward his/her1,500 Poker Room hand total. Poker Room points must be earned by Saturday night at midnight. At any time in its sole discretion, Sponsor may change the minimum number of Poker Room games a player must play on a weekly basis to qualify for a Sunday Qualifier.
- Tournament Play.
- Overview: A player may qualify for a Sunday Qualifier through Tournament Play in any one of the following three (3) ways: (A) win ten (10) Single Table Tournaments (to earn sixty  points), (B) win one (1) Multi Table Tournament (to earn sixty  points); or (C) Place in the top twenty (20) in a Daily Big Play Tournament (to earn sixty  points). Players may also earn points during nightly limit, pot-limit, and shorthanded tournaments.
- General Rules Applicable to All Tournaments:
All tournaments will begin at the time designated in the tournament details, which may be found in the ESPN Poker Club Game Client lobby.
Each player will be assigned a seat and he/she may not change his/her assigned seat.
Players may un-register from a tournament up to the time it starts OR until the tournament has reached capacity.
All players start out with 1200 chips in a multi-table tournament and 1000 for a Single Table Tournament.
Blinds (forced bets that start the action) will start at ten (10) (small blind)/twenty (20) (big blind) and continue to increase every ten (10) hands in Single Table Tournaments and ten (10) minutes in Multi Table Tournaments as follows: 5/10, 10/20, 15/30, 25/50, 50/100, 75/150, 100/200, etc.
There is a deal for the button (The player who is dealing) at the start of the tournament; high card plays the button for the first hand.
The button moves in the conventional clockwise manner so that no player receives the button twice in a row. Occasionally, a player may become the button without having played in the blinds due to other players being eliminated (this commonly occurs in online tournaments due to technical software issues). This may happen to any player during the course of a tournament and therefore creates no long-term advantage.
If two (2) players should be eliminated simultaneously, the player with the largest stack size at the beginning of the hand will be designated as having finished higher. It is impossible for two (2) people to be eliminated simultaneously when going heads up at the final table.
When a tournament is down to the last two (2) players, the button will post the small blind and be first to act in the initial round. The big blind will then be first to act in the following rounds.
The tournament finishes when one (1) player has won all the tournament chips and is declared the winner.
Any play deemed unethical by the Sponsor in its sole discretion (including, without limitation, team play, soft play or chip dumping) will result in the applicable player(s) being disqualified from the tournament.
As players are eliminated over the course of a tournament, tables will be consolidated to keep a full complement of players. Players may be forced to post the blinds when arriving at a new table. Table reassignments are an inherent part of tournaments and apply equally to all players.
Players and observers are asked to use the chat function in a friendly and considerate way. At no time are players and observers allowed to discuss or comment on live hands.
The Tournament Director has the right to offer special promotions for points and play money.
Internet issues may cause server interruptions and Sponsor will endeavor to limit such interruptions during a tournament, but Sponsor assumes no responsibility for any such problems. In the event of a server interruption, the tournament will be restarted if the administration deems necessary. If a player chooses to sit out or is unable to reconnect, he/she will still have cards dealt to him/her and will automatically post blinds and antes. Players that are unable to reconnect during the allotted time will have their hand automatically folded.
- Single Table Tournaments: Single Table Tournaments are open tournaments consisting of one (1) table with a maximum of ten (10) players. Players compete for one another's chips as the stakes increase incrementally. Players are knocked out of the tournament as their opponents win their chips. The eventual winner is the last player at the table with all the chips. Game play lasts approximately one (1) hour. A player will earn six (6) points for every Single Table Tournament he/she wins. To earn the requisite sixty (60) points to qualify for a Sunday Qualifier, a player must win ten (10) Single Table Tournaments during a given week. The entry buy in to a single table tournament will be a certain amount of play money chips (currently $300-$25,000). This entry fee may be modified by the Sponsor if deemed necessary.
- Multi Table Tournaments: Multi Table Tournaments are tournaments consisting of anywhere from one hundred (100) to one hundred fifty (150) players. Players compete for one another's chips as the stakes increase incrementally. Players are knocked out of the tournament as their opponents win their chips while remaining players are reassigned seats to keep tables full. This collapsing of tables continues until the last surviving players with chips remain at a final table. The eventual winner is the last player at the table with all the chips. Game play lasts approximately two (2) hours. A player will earn sixty (60) points for each Multi Table Tournament he/she wins. Second place will pay out thirty-six (36) points. Third place will pay out twenty-four (24) points, fourth place will pay out eighteen (18) points, fifth place will pay out twelve (12 points), and six through tenth will pay out six (6) points. To earn the requisite sixty (60) points to qualify for a Sunday Qualifier, a player must win one (1) Multi-Table Tournament during a given week. Points earned from second, third, and fourth place can combine with other tournament points to qualify for the Sunday Qualifier. The entry buy in to a Multi Table Tournament will be a certain amount of play money chips (currently $200+100) This entry buy may be modified by the Sponsor if deemed necessary. Depending on the number of entrants, the point prize structure may change. Please visit the tournament lobbies for more detail.
- Daily Big Play Tournament: Daily Big Play Tournaments are open tournaments that take place at 2:00 p.m., 8:00 p.m., and 11:00 p.m. Monday through Saturday. A maximum of 1,500 players may participate in a Daily Big Play Tournament. The format of each Daily Big Play Tournament is identical to the Multi Table Tournament format. Registration opens at one (1) hour before the start of the tournament and closes five (5) minutes after it has begun or until the first player has been eliminated. A player will earn sixty (60) points if he/she finishes in the top twenty (20) of any Daily Big Play. The entry fee to a Daily Big Play tournament will be a certain amount of play money chips (currently $100). This entry fee may be modified by the Sponsor if deemed necessary.
Format Game Type(s) How to Qualify Poker Room Tables Texas Hold'em, 7 Card Stud, 7 Card Hi/Lo, Omaha, Omaha Hi/Lo, 5 Card Stud Play 1,500 Hands Single Table Tournament Single Table (10 person) No Limit Texas Hold'em, Omaha, 7 Card Stud Win 10 Tournaments Multi Table Tournament From 135 to a maximum of 150 person No Limit Texas Hold'em. 2nd place earns 36 pts, 3rd - 24, 4th - 18, 5th - 12, 6th-10th- 6 pts Win 1 Tournament Daily Big Play Tournament Multi-table No Limit Texas Hold'em The top 20 players will move on.
- Sunday Qualifiers
- Registering: Qualified players must register to participate in a Sunday Qualifier, which they may do from three hours before the start of each tournament until two (2) minutes before the start of the tournament. The Sunday Qualifiers will be held at 12 p.m., 5 p.m., and 9 p.m. Qualified players may register by clicking on the tournament link on the "Sunday Qualifier" tab in the "Tournament" section of the ESPN Poker Club Game Client lobby. Once a qualified player clicks on the link he/she is entered into the tournament and will placed at a table. The tournament will begin at the set start time.
- Overview: A total of eighteen (18) Sunday Qualifiers will be played during the Promotion Period on each November 8, November 15, November 22, November 29, December 6 and December 13. Sunday Qualifiers are open to all players that qualified during the previous week. Sunday Qualifier prizes will be distributed to the top 10 players in each tournament. Each Sunday Qualifier lasts approximately three (3) to four (4) hours. The top twenty-five (25) from each Sunday Qualifier will qualify to play in the Final Tournament.
- The Final Tournament
- Registering: The Final Tournament will be held on Sunday, December 20 at 8:00 p.m. Qualified players must register to participate in the Final Tournament, which they may do at any time prior to the Final Tournament. Qualified players may register by clicking on the "Final Tournament" link in the "Tournament" section of the ESPN Poker Club Game Client lobby.
- Overview: The Final Tournament is open to anyone who qualified through a Sunday Qualifier during the Promotion Period. The top twenty-five (25) players from each Sunday Qualifier each week throughout the Promotion Period will qualify to play in the Final Tournament. A total of four-hundred and fifty (450) players will be eligible to play in the Final Tournament. The format of the Final Tournament will be identical to the format of a Multi Table Tournament with one exception - the blinds will be raised every fifteen (15) minutes instead of ten (10). The Final Tournament will play down until there is one (1) winner and will last approximately three (3) to four (4) hours.
- Additional Chance to Enter the Final Tournament: There will be a tournament on December 19, 2009 at 9:00 p.m. which will require ninety (90) points as the entry fee or you can trade in $100,000 of play money to customer service for your seat by emailing firstname.lastname@example.org. Any remaining seats that are available (which may occur due to eligibility restrictions) will be given away during this tournament. If this tournament is not necessary, it will not occur.
PLAYERS CANNOT COMBINE TOURNAMENT POINTS AND POKER ROOM POINTS IN ORDER TO QUALIFY FOR THE SUNDAY QUALIFIER. However, a player CAN combine tournament points won in single table tournaments, multi-table tournaments, and the daily big play in order to qualify. Each week players can qualify for the Sunday Qualifier beginning the Sunday prior to the Sunday Qualifier at 12:01 a.m. with poker room points or 11:30 p.m. for tournament points. Sunday Qualifiers will be held at noon, 5 p.m., and 9 p.m. Poker Room points must be earned by midnight on Saturday. A player can qualify for all three Sunday Qualifiers and may continue to play after he/she has qualified, but he/she must use his/her earned Sunday Qualifier qualification that week (qualification for a Sunday Qualifier will not carry over to the next week's Sunday Qualifier). A player's account will reflect his/her qualifying status throughout the week and will indicate once he/she has earned entry into a Sunday Qualifier. Those that qualify for the final tournament more than once forfeits their seat into the Last Chance Tournament. A player can only earn one seat per Sunday, and if that player qualifies for the final tournament more than once on a Sunday, the second and third seat earned will be forfeited to the player that finishes 26th. Once player has qualified, player must register for the Sunday Qualifier. Registration begins three hours before the start time during the day of the Sunday Qualifier and ends when the tournament begins seating.
- Poker Room Games. Players may play any of the following six (6) games in the Poker Room (a description of each game and its corresponding link on "How to play" are listed below):
9. PRIZES. The approximate retail value ("ARV") of all prizes is $3,439.64.
- Final Tournament Grand Prize (1) - ARV: $1,500. The winner of the final tournament will win a trip for two to Las Vegas. Airfare and two nights hotel is included. The total ARV of the Final Tournament Grand Prize is $1,500.
- Sunday Qualifier Grand Prize (18) - ARV: $39.99. ESPN shall provide to eighteen (18) individual winners the Sunday Qualifier Grand Prize consisting of a Poker Wingman Pro Edition. The total ARV for the Final Tournament Grand Prize is $719.82.
- Sunday Qualifier First Prize (72) - ARV: $9.99. ESPN shall provide to seventy-two (72) individual winners the Sunday Qualifier First Prize consisting of a Poker Wingman t-shirt. The total ARV for the Sunday Qualifier First Prize is $719.28.
- Odds of winning prizes depend on the total number of participants that play in the Promotion and each Entrant's level of poker skill versus the level of poker skill of all Entrants.
- Substitution; Taxes. No cash or other prize substitution, assignment or transfer of prizes permitted, except at Sponsor's sole discretion due to prize unavailability. Sponsor reserves the right to substitute a prize with one of comparable value or greater value (e.g., Sponsor may opt instead to award the cash equivalent, up to but not greater than the ARV, of any prize in lieu of the prize itself). THE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE.
- Prize Restrictions. Meals, beverages, gratuities, incidental expenses and all other costs and expenses relative to participation in Promotion (including acceptance of prize) not specified herein are not included and are solely the Grand Prize winner's responsibility. All arrangements are subject to change, availability, holiday, blackout dates and other restrictions. Trip arrangements cannot be changed by Grand Prize winner. Grand Prize winners must respond promptly to Sponsor's requests regarding travel arrangements. Grand Prize winner must travel on the dates, and at the time and to the location approved/specified by the Sponsor. Grand Prize winner must provide own transportation to/from airport of departure. Grand Prize winner is solely responsible for obtaining any/all necessary travel documentation/requirements (including but not limited to valid photo I.D., passport, etc.) before departure. Airline carrier and hotel regulations and conditions apply. Prizes are not valid for upgrades. All tickets issued in conjunction with the prizes are not eligible for frequent flyer miles. If air travel is not needed, in the sole opinion of the Sponsor ground transportation may be substituted for the air travel, and there will be no cash alternative.
10. POTENTIAL WINNERS.
- Verification. ALL POTENTIAL WINNERS 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 ELIGIBILITY 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.
- "Prize Notice" via Email or Mail. Winners will be notified via email sent approximately one week following the end of the week where Entrant has won a prize. Entrants are responsible for insuring that all mailing and email information is up-to-date and accurate. If prize information is not up to date after ten (10) days past receipt of the prize notice, Sponsor is not obliged to fulfill the prize.
- Alternate Potential Winners; Disqualification. . A potential winner will be disqualified and an alternate potential winner will be selected (i.e., the person with the next most points) 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, or (iii) 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 prize (e.g., may choose another alternate potential winner in a manner consistent with these rules or donate the prize to another entity, at it's sole discretion).
- Releases and Affidavits. As a condition of receiving a prize, potential winners 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.
- RELEASE. By participating in this Promotion or receiving a prize, Entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor and its related companies, and all of its ompany'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 Promotion (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize).
- Publicity.Except where prohibited, participation in this Promotion constitutes winner's consent to Sponsor and its agents' use of winner'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.
11. CONDITIONS OF PARTICIPATION.
- Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion 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 PROMOTION 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.
- Incidents. . Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Promotion 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 Promotion, 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 (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
- Cancellation. In the event of a cancellation or termination the Entrant who has accumulated the highest point total (and who wins any pending tiebreakers) at the time of any said action will be awarded the prizes, or the prizes will be awarded in such other manner deemed fair and appropriate by Sponsor.
- Background Check. Sponsor reserves the right to conduct a background check of any and all records of any winner/travel companion, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, winner/travel companion shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by winner/travel companion in his/her interview. In that regard, winner/travel companion will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify a winner/travel companion based on the background check, and select an alternate.
- Chat Conduct. Players are expected to chat in a friendly and considerate way. Chat privileges will be removed for a specific period of time if the player a) persists in speaking in an abusive or aggressive manner; b) persists in speaking in a racist manner; c) persists in behaving in a stalking or harassing manner; d) persists in being the initiator of arguments or confrontations; e) persists in verbal attacks against a player or players.
- Chip Dumping. Any violators found to be chip dumping (intentionally losing chips to another opponent) or receiving the chips will have the funds that were "dumped" removed from the account.
12. GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
13. 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 Promotion; (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 Promotion; (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 Promotion, access to, copying or downloading materials from ESPN.com or any other website, or receipt or use of any prize.
14. 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 Promotion 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 Promotion and all aspects related thereto.
16. OFFICIAL RULES; WINNERS LISTS. For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope to the address below (Vermont residents need not affix return postage). Requests must be received within thirty (30) days following the end of the Promotion.
ESPN Poker Club Wingman
c/o ESPN Internet Venture
19 East 34th Street
New York, NY 10016
17. ADDRESS; COPYRIGHT.Sponsor is responsible for the Promotion and awarding of prizes. Sponsor's address is ESPN/Starwave Partners, d/b/a ESPN Internet Venture, 19 East 34th Street, 6th Floor, New York, NY 10016. The Promotion and all accompanying materials are copyright © 2009 ESPN Internet Venture.