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Rules - Legal Restrictions

1/21/2008

href="content?page=fsrrulesindex">FSR08 Rules
Index

 

style='font-size:10.0pt;font-family:Verdana'>THIS PROMOTION IS INTENDED FOR
PLAY ONLY WITHIN THE UNITED STATES (AND THE w:st="on">DISTRICT OF COLUMBIA). w:st="on">U.S. LAW
GOVERNS THIS PROMOTION.

 

style='mso-list:Ignore'>1)    
style='font-size:10.0pt;font-family:Verdana'>ELIGIBILITY: NO PURCHASE
NECESSARY.
ESPN
Fantasy Stock Car Racing (the "Promotion") is open only to legal
residents of the 50 United States and Washington, D.C., who are thirteen (13)
years or older as of the date of entry, and are registered members of ESPN.com.
(Registration is further described below in Section 5.) If you are a resident
of Maryland or w:st="on">Vermont, you are permitted to make a
purchase and be a participant in the game, but are not eligible to win any of
the promotional prizes listed herein. Employees of (i) Sponsor (defined in
Section 3), Promoters (defined in Section 3) 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.

 

style='mso-list:Ignore'>2)    
style='font-size:10.0pt;font-family:Verdana'>ACCEPT OFFICIAL RULES. style='font-size:10.0pt;font-family:Verdana'> Participation constitutes
entrant's full and unconditional agreement to these official rules (the
"Official Rules") and to Sponsor's decisions. The decisions of the
Sponsor in regards to all matters of this Promotion are final and binding.
Winning a prize is contingent upon fulfilling all requirements set forth
herein.

 

style='mso-list:Ignore'>3)    
style='font-size:10.0pt;font-family:Verdana'>SPONSOR; PROMOTERS. style='font-size:10.0pt;font-family:Verdana'> This Promotion is sponsored by
ESPN/Starwave Partners d/b/a ESPN Internet Ventures ("EIV" or the
"Sponsor"). To the extent any advertisers are associated with the class=GramE>Promotion, each such advertiser shall be deemed a
"Promoter" for purposes of these Official Rules.

 

style='mso-list:Ignore'>4)    
style='font-size:10.0pt;font-family:Verdana'>ENTRY PAGE style='font-size:10.0pt;font-family:Verdana'>. To access the Promotion, log-on
to Fantasy Stock Car Racing Frontpage.

 

style='mso-list:Ignore'>5)    
style='font-size:10.0pt;font-family:Verdana'>ESPN.COM REGISTRATION style='font-size:10.0pt;font-family:Verdana'>. To play the Promotion, you must
be a registered member of ESPN.com (or one of Sponsor's affiliated websites,
e.g., ABC.com, ABCNews.com, DisneyOnline.com, EXPN.com, Family.com and
Movies.com). Registration is free.

 

style='mso-list:Ignore'>6)    
style='font-size:10.0pt;font-family:Verdana'>NOT YET A MEMBER. style='font-size:10.0pt;font-family:Verdana'> You may register by clicking on
the applicable link on the entry page for the Promotion, and following the
instructions. You will be asked to provide your name, e-mail 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 on any ESPN.com Fantasy Game page, then clicking on the
Change Account Information link and following the instructions.

 

style='mso-list:Ignore'>i)       
style='font-size:10.0pt;font-family:Verdana'>Already a Member. style='font-size:10.0pt;font-family:Verdana'> 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 enter the Promotion by logging in on ESPN.com
with your current username and password.

style='mso-list:Ignore'>ii)     
style='font-size:10.0pt;font-family:Verdana'>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 play in the
Promotion.

style='mso-list:Ignore'>iii)    
style='font-size:10.0pt;font-family:Verdana'>Password. style='font-size:10.0pt;font-family:Verdana'> You are responsible for the
secrecy of your password. Sponsor, Promoters and other third parties are not
responsible or liable for any actions taken using your password.

 

style='mso-list:Ignore'>7)    
style='font-size:10.0pt;font-family:Verdana'>TIMING. style='font-size:10.0pt;font-family:Verdana'> The Promotion begins on style='mso-bidi-font-weight:normal'>DATE NEEDED
and ends on the final day of the Spring Cup season (currently style='mso-bidi-font-weight:normal'>DATE NEEDED)
(the "Promotion Period"). The deadline to join the Promotion's full
season game is 5:00 pm on style='color:red'>DATE NEEDED. The final draft day for Promotion
will be DATE
NEEDED
. Teams must be drafted by DATE NEEDED at 1:00 pm Eastern Time
in order to qualify for full season overall prizes. For purposes of these
Official Rules all times are Eastern Time
("ET").

 

style='mso-list:Ignore'>8)    
style='font-size:10.0pt;font-family:Verdana'>HOW TO ENTER. style='font-size:10.0pt;font-family:Verdana'>

 

style='mso-list:Ignore'>a)    
style='font-size:10.0pt;font-family:Verdana'>Enter Online. style='font-size:10.0pt;font-family:Verdana'> Log on to href="http://games.espn.go.com/frontpage/racing"> style='mso-spacerun:yes'> Fantasy Stock Car Racing
front page during the Promotion Period.

 

style='mso-list:Ignore'>b)    
style='font-size:10.0pt;font-family:Verdana'>No Entry Fee; Enhanced Feature
Fees
- There is
no entry fee required to participate in the Promotion. However, to create or
join a premium standard league and compete for prizes you will need to purchase
an upgrade. You can start preparing your leagues and teams on style='mso-bidi-font-weight:normal'>DATE NEEDED
(point accumulation will not begin until the Promotion Period begins on style='mso-bidi-font-weight:normal'>DATE NEEDED).
The pricing is as follows:

 

 

 

style='mso-list:Ignore'>c)     
style='font-size:10.0pt;font-family:Verdana'>More than one (1) entry is allowed
per Fantasy Stock Car Racing account,
style='font-size:10.0pt;font-family:Verdana'> provided that you don't own more
than one (1) team in a single league, as described in the rules under Fair Play
and Conduct.

style='mso-list:Ignore'>d)    
style='font-size:10.0pt;font-family:Verdana'>Mechanics of entry. style='font-size:10.0pt;font-family:Verdana'> Only entries received online in
accordance with these Official Rules will be accepted. No other forms of entry
- fax, mail, email, phone or other - will be accepted.

style='mso-list:Ignore'>e)    
style='font-size:10.0pt;font-family:Verdana'>Void. style='font-size:10.0pt;font-family:Verdana'> Entry materials/data that have
been tampered with or altered are void.

style='mso-list:Ignore'>f)     
style='font-size:10.0pt;font-family:Verdana'>Change of Email Address. style='font-size:10.0pt;font-family:Verdana'> It is the sole responsibility of
the entrant to notify the Sponsor during the Promotion Period if his or her
e-mail address has changed. 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.

style='mso-list:Ignore'>g)    
style='font-size:10.0pt;font-family:Verdana'>Entry Errors. style='font-size:10.0pt;font-family:Verdana'> Neither Sponsor nor Promoters are
responsible for lost, late, incomplete, damaged, stolen, invalid,
unintelligible or misdirected entries, which will be disqualified.

style='mso-list:Ignore'>h)    
style='font-size:10.0pt;font-family:Verdana'>Neither Sponsor nor Promoters are
responsible for any unavailability of or interruptions to any service or
equipment used in connection with the Promotion,
style='font-size:10.0pt;font-family:Verdana'> 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.

style='mso-list:Ignore'>i)       
style='font-size:10.0pt;font-family:Verdana'>No Return of Entries; Disputes. style='font-size:10.0pt;font-family:Verdana'> 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 e-mail address and/or password associated with
the winning entry.

style='mso-list:Ignore'>j)      
style='font-size:10.0pt;font-family:Verdana'>Entrants may cancel their team and
receive a full refund of any fees up until the time their team is drafted.
style='font-size:10.0pt;font-family:Verdana'> Once a team is drafted, no
refunds will be given. Sponsor agrees that it will terminate entrant's account
upon notice from entrant. If cancellation is received within the first thirty
(30) days of entrant signing up for a service, entrant will be refunded all
fees for that service, but entrant will still be obligated to pay any other
charges incurred. If entrant cancels a service after thirty (30) days of
signing up for a service, no refund for unused time on such service will be
made. If entrant has a balance due on any account, entrant agrees that unpaid
fees may be charged to their credit card.

 

style='mso-list:Ignore'>9)    
style='font-size:10.0pt;font-family:Verdana'>HOW TO PLAY. style='font-size:10.0pt;font-family:Verdana'> See the href="/fantasy/football/ffl/story?page=fflrulesindex">Game's
Rules & How To Play page for a full rundown on
the game.

 

style='mso-list:Ignore'>10) style='font-size:10.0pt;font-family:Verdana'> style='mso-spacerun:yes'> PRIZES/WINNER
SELECTION/APPROXIMATE RETAIL VALUE/ODDS OF WINNING
.

style='mso-list:Ignore'>a)    
PRIZES

style='mso-list:Ignore'>i)       
The
Promotion runs from style='color:red'>DATE NEEDED
through the final race of the Sprint
Cup season. Teams must be drafted prior to the first game of the season AND be
in a premium standard league in order to qualify for overall prizes. Winners
will be determined on or about style='color:red'>DATE NEEDED. To be eligible for prizes, teams must
be in a premium standard Fantasy Stock Car Racing league (as defined in our
Official Rules, located href="/ffl/content?page=fflrulesjoining">here for
standard leagues.)

style='mso-list:Ignore'>b)    
OVERALL
PRIZES:

style='mso-list:Ignore'>i)       
style='font-size:10.0pt;font-family:Verdana'>GRAND PRIZE: style='font-size:10.0pt;font-family:Verdana'> style='mso-spacerun:yes'> The team that has the highest full season
overall adjusted score in premium standard Fantasy Stock Car Racing leagues AND
wins his/her league championship at the end of the playoffs will be the Grand
Prize winner.

style='mso-list:Ignore'>(a)  style='font-size:10.0pt;font-family:Verdana;color:red'>Grand Prize (1): Trip for two to an ESPN Broadcasted Race,
round-trip airfare, 3-day/2-night hotel accommodations, and a game package that includes a big screen TV ($1100 gift card),
game console, EA games (Approximate Retail Value ("ARV"): $5,000) style='font-size:10.0pt;font-family:Verdana'>.

style='mso-list:Ignore'>ii)     
SECOND
PLACE PRIZE: The team that has the second highest full season overall adjusted
score in premium standard Fantasy Stock Car Racing leagues AND wins his/her
league championship at the end of the playoffs will be the second place prize
winner.

style='mso-list:Ignore'>(a)  w:st="on">2nd Place style='font-size:10.0pt;font-family:Verdana;color:red'> (1): Game Pack. Game package includes a big screen TV ($1100 gift card), game console and EA game. (ARV: $2000).

style='mso-list:Ignore'>iii)    
style='font-size:10.0pt;font-family:Verdana'>THIRD PLACE style='font-size:10.0pt;font-family:Verdana'> PRIZE: style='mso-spacerun:yes'> The team that has the third highest full
season overall adjusted score in premium standard Fantasy Stock Car Racing
leagues AND wins his/her league championship at the end of the playoffs will be
the third place prize winner.

style='mso-list:Ignore'>(a)  w:st="on">3rd Place style='font-size:10.0pt;font-family:Verdana;color:red'> (1): $500 Gift Card (ARV: $500).

style='mso-list:Ignore'>iv)   
LEAGUE
PRIZES: The top overall team ranked the highest in its Fantasy Stock Car Racing
league at the end of the season will have the choice of a style='color:red'>Fantasy Stock Car 2008 League Champion T-Shirt or a
Fantasy Stock Car 2008 League Champion Mini Banner. (ARV: $15 per League Winner (including shipping)
).

style='mso-list:Ignore'>c)     
Winners
are solely responsible for any and all expenses, (e.g., meals and gratuities),
relative to participation in the Promotion (including acceptance of any prize)
not specified herein. Grand Prize travel and arrangements are subject to
availability, holiday, blackout dates and other restrictions. If the Grand
Prize Winner is unavailable on trip dates, he/she may be disqualified and the
prize forfeited. Grand Prize Winner/travel companion must travel on the same
itinerary and at the same time and are solely responsible for obtaining any/all
necessary travel documents (including but not limited to valid photo I.D.,
passport, etc.) before departure. Sponsor will not replace any lost or stolen
tickets, travel vouchers, certificates, or prize items. All events subject to
change at Sponsor's discretion.

style='mso-list:Ignore'>d)    
Any
Grand Prize Winner who is a minor must be accompanied by his/her parent/legal
guardian as the Grand Prize winner's travel companion.

style='mso-list:Ignore'>e)    
Actual
model, color, accessories and features of all prizes awarded shall be selected
by Sponsor in its sole discretion and may vary from photos used in print,
advertising, and in electronic and web banner advertising including the
ESPN.com web site.

style='mso-list:Ignore'>f)     
In
the event of a tie, a team's league points will be carried out to as many
decimal places as necessary to determine a winner.

style='mso-list:Ignore'>g)    
Odds
of winning prizes depend on the total number of eligible entries received and
the relative U.S.
professional football knowledge of all entrants.

style='mso-list:Ignore'>h)    
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.

style='mso-list:Ignore'>i)       
Prize
Delivery. Overall Prize Winners should allow up to 6-8 weeks after they return
their signed, notarized affidavit to receive their prize. Prizes returned as
undeliverable or otherwise not claimed within fourteen (14) days after being
sent will be forfeited. League Winners should allow 6-12 weeks from the
conclusion of the Promotion Period to receive their prize.

style='mso-list:Ignore'>j)      
No
Warranty. Entrants acknowledge that Sponsor and Promoters and each of their
respective agencies or related companies have not made, nor are in any manner
responsible for, any warranty, representation or guarantee, express or implied,
in fact or in law, relative to any prize, including but not limited to its
quality.

style='mso-list:Ignore'>k)    
All
teams contending for overall prizes will be inspected by the league office for
collusion. The Commissioner reserves the right to remove teams at its discretion
from the leaderboard and award prizes to the next highest winner.

style='font-size:10.0pt;font-family:Verdana'> 

style='mso-list:Ignore'>11) style='mso-bidi-font-weight:normal'>POTENTIAL WINNERS.

style='mso-list:Ignore'>a)    
style='font-size:10.0pt;font-family:Verdana'>Verification style='font-size:10.0pt;font-family:Verdana'>. ALL POTENTIAL WINNING PLAYS 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 ELIBIGILITY
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
.

style='mso-list:Ignore'>b)    
style='font-size:10.0pt;font-family:Verdana'>"Prize Notice" via Email
or Mail.

Potential winners will be notified via email (or overnight mail) sent within
fifteen (15) business days following the end of the Promotion Period. Entrants
are responsible for insuring that all mailing and e-mail information is
up-to-date and accurate.

style='mso-list:Ignore'>c)     
style='font-size:10.0pt;font-family:Verdana'>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 rules (or is otherwise determined to be ineligible), (ii)
he/she does not respond to the prize notice within five (5) 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 its sole discretion).

style='mso-list:Ignore'>d)    
style='font-size:10.0pt;font-family:Verdana'>Minors. style='font-size:10.0pt;font-family:Verdana'> If a potential winner is a minor
in his/her jurisdiction of primary residence, potential winner's parent/legal
guardian must execute all documents and agree to all obligations and
undertakings required of the potential winner in these Official Rules, both on
behalf of himself/herself and the potential winning
minor. Prize may be awarded in the name of, or to, parent/legal guardian.

style='mso-list:Ignore'>e)    
style='font-size:10.0pt;font-family:Verdana'>Releases and Affidavits. style='font-size:10.0pt;font-family:Verdana'> 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.

style='mso-list:Ignore'>f)     
style='font-size:10.0pt;font-family:Verdana'>RELEASE. style='font-size:10.0pt;font-family:Verdana'> By participating in this
Promotion or receiving a prize, entrants (and in particular, winners) agree to
release and to indemnify and hold harmless Sponsor, Promoters, and each of
their respective related companies, and all of their respective 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.

style='mso-list:Ignore'>g)    
style='font-size:10.0pt;font-family:Verdana'>Publicity. style='font-size:10.0pt;font-family:Verdana'> Except where prohibited,
participation in this Promotion constitutes winner's consent to Sponsor's and
Promoters', and any of their respective 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.

style='font-size:10.0pt;font-family:Verdana'> 

style='mso-list:Ignore'>12) style='mso-bidi-font-weight:normal'>CONDITIONS OF PARTICIPATION.

style='mso-list:Ignore'>a)    
style='font-size:10.0pt;font-family:Verdana'>Conduct style='font-size:10.0pt;font-family:Verdana'>. 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.

style='font-size:10.0pt;font-family:Verdana;mso-fareast-font-family:Verdana;
mso-bidi-font-family:Verdana'>b) style='font:7.0pt "Times New Roman"'>     style='mso-bidi-font-weight:normal'>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). In the event that the NASCAR Sprint Cup season is
postponed, terminated early, or cancelled for any reason (such as a strike or
lockout), Sponsor reserves the right to award prizes based on scores at the
time the season is disrupted, or to cancel, modify or suspend the Promotion at
its discretion. In the event a technical failure causes re-occurring problems
that limit the ability to make transactions in the game and thus significantly
disrupt normal game play during the first eight (8) weeks of the Promotion,
Sponsor will provide prize eligible winners a full refund. In the event a
technical failure causes re-occurring problems that limit the ability to make
transactions in the game and thus significantly disrupt normal game play after
the first eight (8) weeks of the Promotion, the Sponsor reserves the right to
award the prizes based on scores at the time of the failure.

style='mso-list:Ignore'>c)     
style='font-size:10.0pt;font-family:Verdana'>Cancellation. style='font-size:10.0pt;font-family:Verdana'> 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.

style='mso-list:Ignore'>d)    
style='font-size:10.0pt;font-family:Verdana'>Background Check. style='font-size:10.0pt;font-family:Verdana'> 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.

 

style='mso-list:Ignore'>13) style='mso-bidi-font-weight:normal'>GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and
may not be used in connection with any form of gambling.

 

style='mso-list:Ignore'>14) style='mso-bidi-font-weight:normal'>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 or 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.

 

style='mso-list:Ignore'>15) style='mso-bidi-font-weight:normal'>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. w:st="on">New York law, without reference to w:st="on">New York's choice of law rules, governs the
Promotion and all aspects related thereto.

 

style='mso-list:Ignore'>16) style='mso-bidi-font-weight:normal'>PRIVACY.
Personally identifiable information that is submitted by entrants as part of
this Promotion will be used to administer the Promotion, select prize winners
and fulfill prizes, and will be treated in accordance with Sponsor's privacy
policy accessible on its website at www.espn.com.

 

style='mso-list:Ignore'>17) style='mso-bidi-font-weight:normal'>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. Requests must be
received within thirty (30) days following the end of the Promotion (i.e., by style='mso-bidi-font-weight:normal'>DATE NEEDED).

style='mso-bidi-font-weight:normal'>ESPN Fantasy Stock Car Racing 2008 c/o ESPN Internet Venture Marketing
Department 19 East 34th Street,
6th Floor New York, w:st="on">NY 10016.
style='mso-bidi-font-weight:normal'>

 

style='mso-list:Ignore'>18) style='mso-bidi-font-weight:normal'>ADDRESS; COPYRIGHT. Sponsor is responsible for the Promotion and awarding of prizes.
Sponsor's address is 19 East 34th
Street
, 6th Floor, w:st="on">New York, NY w:st="on">10016. The Promotion and all
accompanying materials are copyright © 2008 ESPN Internet Venture. style='mso-spacerun:yes'>