Rules - Legal Restrictions
THIS PROMOTION IS INTENDED FOR
PLAY ONLY WITHIN THE UNITED STATES (AND THE
ELIGIBILITY: NO PURCHASE
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
2) ACCEPT OFFICIAL RULES. 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.
3) SPONSOR; PROMOTERS. 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 Promotion, each such advertiser shall be deemed a "Promoter" for purposes of these Official Rules.
4) ENTRY PAGE. To access the Promotion, log-on to Fantasy Stock Car Racing Frontpage.
5) ESPN.COM REGISTRATION. 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.
6) NOT YET A MEMBER. 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.
i) 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 enter the Promotion by logging in on ESPN.com with your current username and password.
ii) 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.
iii) Password. 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.
7) TIMING. The Promotion begins on DATE NEEDED and ends on the final day of the Spring Cup season (currently DATE NEEDED) (the "Promotion Period"). The deadline to join the Promotion's full season game is 5:00 pm on 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").
8) HOW TO ENTER.
a) Enter Online. Log on to Fantasy Stock Car Racing front page during the Promotion Period.
b) 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 DATE NEEDED (point accumulation will not begin until the Promotion Period begins on DATE NEEDED). The pricing is as follows:
c) More than one (1) entry is allowed per Fantasy Stock Car Racing account, 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.
d) Mechanics of entry. 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.
e) Void. Entry materials/data that have been tampered with or altered are void.
f) Change of Email Address. 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.
g) Entry Errors. Neither Sponsor nor Promoters are responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
h) Neither Sponsor nor Promoters are 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.
i) 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 e-mail address and/or password associated with the winning entry.
j) Entrants may cancel their team and receive a full refund of any fees up until the time their team is drafted. 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.
9) HOW TO PLAY. See the Game's Rules & How To Play page for a full rundown on the game.
10) PRIZES/WINNER SELECTION/APPROXIMATE RETAIL VALUE/ODDS OF WINNING.
i) The Promotion runs from 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 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 here for standard leagues.)
b) OVERALL PRIZES:
i) GRAND PRIZE: 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.
(a) 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).
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.
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 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)).
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.
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.
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.
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.
of winning prizes depend on the total number of eligible entries received and
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.
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.
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.
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.
11) POTENTIAL WINNERS.
a) Verification. 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.
b) "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.
c) 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).
d) Minors. 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.
e) 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.
f) 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, 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.
g) Publicity. 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.
12) CONDITIONS OF PARTICIPATION.
a) 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.
b) 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.
c) 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.
d) 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.
13) GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
14) 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.
15) 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.
17) 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 DATE NEEDED).
ESPN Fantasy Stock Car Racing 2008 c/o ESPN Internet Venture Marketing
18) ADDRESS; COPYRIGHT. Sponsor is responsible for the Promotion and awarding of prizes.
Sponsor's address is