1. NO PURCHASE,
CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN: This Game ("Game") begins with the commencement of the registration period
at 12:00:01 AM Eastern Time on March 27th,
2009 and continues through the end of the “viewing period” of posted Winners
(as defined in paragraph 4 below) at 11:59:59 PM Eastern Time on September 7th,
2009 (“Promotion Period”). THIS GAME
IS DEVISED AS A NON-GAMBLING PROMOTION, and is intended solely for
entertainment purposes. From all eligible entries received, “Winners” will be determined as set out
in paragraph 4 below, based on their ability to use their skill and knowledge
of golf and golfers to select winning groups of golfers during the 2009 golfing
tournament season. Participation in the
Game is described, regulated and clarified by and wholly subject to the
provisions of these official rules (“Official
Rules”).
2. ELIGIBILITY: The Game is open to individuals (only individuals may register and enter) legally residing, for purposes of all applicable state and federal tax laws, in one of the fifty (50) United States or the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) ("Eligibility Area"), who are 18 years of age or older at the time of registration under paragraph 3 below and have the ability to enter into valid contracts in their personal jurisdiction of residence. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees of Hamilton County Convention and Visitors Bureau (“Sponsor”) may play, but WILL NOT be eligible to win or collect any prizes. Employees and Directors of Athlon Communications, Inc. (“Athlon”) and Directors of Sponsor and each of their respective affiliates, subsidiaries, franchisees (to the extent that affiliates, subsidiaries and franchisees are not trade partners), advertising and promotional agencies, officers, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households are ineligible to play, win or collect prizes in the Game. Only individuals meeting all eligibility requirements and correctly registering for the Game as set out in paragraph 3 below may participate in the Game (“Players”). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player’s participation in the Game constitutes and is deemed Player’s agreement to the Official Rules and any and all decisions of Athlon and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.
3. HOW TO
REGISTER: There are ten (10)
separate golf tournaments (“Tournaments”) in the Game, as set out in the Golf Tournament Schedule below. Beginning
12:00:01 AM Eastern Time on March 28th, 2009 and ending
no later than thirty (30) minutes prior to the official start time of the first
round of golf in each Tournament (“Game
Period”), Players will log on to www.indianaspremiergolf.golffantasysite.com
(“Site”) and follow the instructions
to register for access to the Site. Players will identify a user name and
password for subsequent visits to the Site. Thereafter, Player will log on to
the Site and follow the instructions to indicate his/her acceptance of the
Official Rules and provide the information requested in the Official Entry Form, including Player’s name, e-mail address,
physical address, telephone number, and additional questions specific to
Sponsor. Player may also be asked to consent to receive promotional
e-mails. Consenting to receive promotional
e-mails is optional and refusal to consent will not render any Player
ineligible to play the Game or win prizes or affect or reduce any Player’s
chances of winning. Each individual
Player may only register once.
4. HOW
TO PLAY/ACCRUE POINTS & PRIZES: A field of thirty (30) golfers (“Field”) is presented in five (5) groups
of six (6) golfers each, each golfer having been assigned a point value between
1 and 6 (“Golfer Value”), which is based
on the golfer’s relative value as against the value of the other five (5)
golfers in the same group. Each Player will complete an entry by selecting one
golfer from each of the 5 groups (“Team”),
in each case trying to select those golfers that will earn the highest number of official points in the upcoming Tournament,
and follow the instructions to submit the entry no later than thirty (30)
minutes prior to the official start time of the applicable Tournament (“Tournament Entry Deadline”) as set out in the Golf Tournament
Schedule (“entry” or “entries”). The Golfer Value of each golfer
selected will be added together (“Team
Value Total”) and must not exceed a
cumulative point value cap of 23 points.
Entries containing a Team Value Total exceeding 23 points will be rejected and
the Player will be invited to select a new Team and submit a new entry prior to
the Tournament
Entry Deadline. Players will earn that number of points, on a ratio of one
(1) point for each dollar ($1.00), that is equal to the total amount of dollars
earned by and credited to all golfers on Player’s Team, according to the
official results, for (a) each individual Tournament as of the end of the
Tournament; and, (b) all Tournaments of the Game as of the end of the final
Tournament. Each Player must also predict and enter
(a) the final Tournament average score of all golfers that complete the final
Tournament, excluding play-offs (“Average
Score Prediction”); and (b) the number of total strokes taken by the golfer
that wins the then-current Tournament, excluding play-offs (“Final Stroke Total”), both of which
will be used as tie-breaking procedures as set out below.
If a Player fails to submit an entry by the Tournament Entry Deadline, that Player's
Team for that Tournament will be automatically
selected for the Player and serve as that Player’s entry for that
Tournament (“Auto-Pick”). The Auto-Pick will consist of the "Last 5 Out" golfers for that Tournament,
the "Last 5 Out" golfers defined as “those
golfers, who have not been selected by any Player for inclusion on a Team as of
the time immediately subsequent to the Tournament Entry Deadline, and who, on a
scale of 1 through 35 (where 1 is the best and 35 is the worst), are rated 31
through 35 by Athlon for the upcoming Tournament. Each Player will be assigned
a maximum of three (3) Auto-Picks during the Game. Players may submit only one (1) entry for each Tournament. Additional entries from any
individual, using different e-mail addresses or any other system of multiple
entries, will be disqualified. Lost, late, illegible, incomplete or misdirected
entries are not eligible.
Golf Tournament Schedule:
|
Tournament |
Tournament Name |
Dates |
|
1 |
Masters Tournament |
April 9-12, 2009 |
|
2 |
Wachovia Championship |
April 30-May 3, 2009 |
|
3 |
The PLAYERS
Championship |
May 7-10, 2009 |
|
4 |
HP Byron Nelson
Championship |
May 21-24, 2009 |
|
5 |
the Memorial
Tournament |
June 4-7, 2009 |
|
6 |
|
June 18-21, 2009 |
|
7 |
AT&T National |
July 2-5, 2009 |
|
8 |
British Open
Championship |
July 16-19, 2009 |
|
9 |
World Golf
Championships - Bridgestone Invitational |
August 6-9, 2009 |
|
10 |
PGA Championship |
Aug. 13-16, 2009 |
Determining Winners: The Player
earning the highest number of points at the end of each Tournament will be the “Tournament Winner.” The Player earning
the highest number of points at the final Tournament will be the “Season Winner.” Tie-Breaking Procedure: (a)
In the event of a tie between Players at the end of any Tournament, the Winner
will be that Player whose Average Score Prediction is closest to
the actual average score of all
golfers that complete the final Tournament, excluding play-offs; and (b) If
Players remain tied after the Average Score Prediction tie-breaking procedure (as would be
the case with identical entries), the Winner will be that Player whose Final
Stroke Total is closest to the actual number of total strokes taken by the golfer that wins the
then-current Tournament, excluding play-offs. Athlon and Sponsor reserve the right to award equal
prizes to any tied Players as long as the sum total of all prizes awarded is
equal to the approximate retail value (“ARV”)
of the prize designated for that prize. Any
Player who does not submit an entry for a particular Tournament will not
be eligible to win prizes for that Tournament, regardless of whether Player was
assigned an Auto-Pick Team.
PRIZE SCHEDULE
TOURNAMENT PRIZE DESCRIPTION ARV
|
1 |
2 Rounds of golf at River Glen --
Fishers 1 Overnight stay @ Hilton Garden –
Carmel |
$203.00 |
|
2 |
2 Rounds of golf at Wood Wind –Westfield 1 Overnight stay @ Best Western --
Westfield |
$241.00 |
|
3 |
2 Rounds of golf at The Fort --
Indianapolis 1 Overnight stay @ Hotel Indigo –
Fishers |
$277.00 |
|
4 |
2 Rounds of golf at Prairie View
--- Carmel 1 Overnight stay @ Renaissance
Indianapolis North --- Carmel |
$360.00 |
|
5 |
2 Rounds of golf at Bear Slide –
Cicero 1 Overnight stay @ Springhill
Suites – Carmel |
$274.00 |
|
6 |
2 Rounds of golf at Brickyard
Crossing – Indianapolis 1 Overnight Stay Courtyard by
Marriott – Carmel |
$339.00 |
|
7 |
2 Rounds of golf at Purgatory
--Noblesville 1 Overnight stay @ Staybridge
Suites Fishers/Indianapolis |
$310.00 |
|
8 |
2 Rounds of golf at River Glen --- Fishers 1 Overnight stay @ Hilton Garden NE
--- Fishers |
$223.00 |
|
9 |
(1) Foursome Plum Creek --
Carmel 2 Overnight Stays @ Doubletree
Guest Suites -- Carmel |
$518.00 |
|
10 |
(1)Foursome at Plum Creek –
Carmel 2 Overnight stays @ Residence Inn –
Carmel |
$558.00 |
5. ABILITY TO WIN: The Game is a game of skill. Each Player’s
ability to win depends solely on (1)
his/her knowledge of the game of golf and tournament history; (2) his/her knowledge of the strengths
and weaknesses and both historical and recent performance of competing golfers;
(3) his/her skill and ability to
apply his/her knowledge of the above in accurately identifying which golfers will win when placed in specific
competition with other golfers; (4) his/her
skill in assessing an individual golfer’s effectiveness in a specific game and
statistically analyze and predict with accuracy the total number of combined earnings
likely to be earned by golfers in a given game; (5) his/her skill in assessing an individual golfer’s effectiveness
in a specific competition and statistically analyze and predict with some
accuracy the total number of strokes likely to be taken by golfers in a given
game; and, (6) the number of
eligible Players competing in the Game.
6. PRIZE
AWARDING: Upon confirmation of
eligibility and execution of requested eligibility and release documents,
Winners will be awarded the prizes described in paragraph 4 above. All prizes
will be awarded. 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
and all other expenses incurred in winning and accepting the prizes. Dollar amounts are expressed in
7. TERMINATION OR
DISQUALIFICATION: To cancel any Player’s participation in the
Game, Player must send an email to fantasygolf@athlonsports.com
requesting that his/her
registration be terminated (“Notice of
Termination”). Player’s registration will be deemed terminated as of the
date and time of Athlon’s receipt of the
Notice of Termination as reflected by Athlon’s
e-mail server (“Termination”).
Upon Termination, Player may not participate in the Game and any points accrued
by Player will be forfeited. 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" Player) is strictly
prohibited. Neither Athlon 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, other error of any kind whether human, mechanical or electronic 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 a Player's or
any other person's computer. Persons found tampering with, hacking, illegally
registering for or abusing any aspect of the Game will be immediately
disqualified, in Athlon’s sole discretion. If disqualified for any of the above
abuses, Athlon will immediately terminate that Player’s participation in the
Game and future contests by Athlon and Player will be ineligible to win or
collect any prizes and must return any previously received prizes awarded in
connection with the Game upon Athlon’s
or Sponsor’s request. Players further acknowledge that the forfeiture of
prize(s) and/or return of any prize(s) shall in no way prevent Athlon from
pursuing any remedies legally available in connection with such conduct. Any
violation set out in this paragraph or other attempt to damage any website of
Athlon and/or Sponsor, or tamper with or undermine the legitimate operation of
the Game, is a violation of these Official Rules, as well as any and all
applicable criminal and civil laws.
Athlon reserves the right to seek remedies and damages from any Players
or individuals acting in concert with any Player 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, which, in the sole
opinion of Athlon or the Sponsor, corrupts or impairs the administration,
security, fairness or proper play of the Game, Athlon reserves the right to
modify, suspend or terminate the Game and shall thereafter have no
responsibility to reinstate the Game or award any prizes.
8. LIMITATION OF LIABILITY: By registering for and participating in the
Game, Players agree: (a) to comply with the Official Rules and the decisions of
Athlon and the judges, which shall be binding and final in all respects; (b) to
comply with Athlon’s privacy policy and terms and conditions; (b) to release
Sponsor and Athlon from all liability, loss or damage arising out of any
participation in the Game or in connection with the awarding, receipt,
possession, use and/or misuse of any prize; (c) to be contacted by Athlon by
mail, telephone and/or email; and (d) that he/she acknowledges that neither
Athlon nor Sponsor makes 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 registering for and participating in the Game,
Players and/or Winners release Athlon and Sponsor, their respective officers,
directors, employees, affiliates, subsidiaries, advertising, promotion,
fulfillment, marketing agencies, public relation 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 participation in the Game and the receipt,
ownership, possession, acceptance, enjoyment, use or misuse of a prize, or
while preparing for, participating in, and/or traveling to any prize-related
activity. In no event will Athlon, Sponsor, or their respective officers,
directors, employees, affiliates, subsidiaries,
advertising, promotion, fulfillment, marketing agencies, public relation 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,
violations of protected speech rights or invasion of privacy.
9. PLAYER, GAME
AND SITE INFORMATION AND CONTENT:
Any information provided to Athlon and Sponsor by a Player, including
Players’ names, addresses, telephone numbers and e-mail addresses will be used to administer the Game,
communicate with Players in relation to the Game, for purposes of fulfilling
any applicable prizes, providing necessary notice, or in connection with other
appropriate purposes. Limited to the purposes outlined herein, Athlon will
collect, use, and protect personal data in accordance with Sponsor’s privacy
policy, available for review at www.athlonsports.com.
Any personal information provided by a Player for the benefit of other Players, including Player’s names,
addresses, telephone numbers and e-mail addresses will be disclosed at the
Player’s own risk and neither Athlon nor Sponsor shall have any liability in
connection therewith. All
data is proprietary to Sponsor and/or Athlon and will not be provided to
unrelated third parties or returned to Player. Players
are strongly cautioned to exercise judgment and safety in the disclosure of
personal information, understanding that no on-line site or activity is
completely impervious to outside intervention or activity regardless of the
level of security employed by Athlon or Sponsor and that such information may
be accessible to third parties. No Player will engage in the posting or
blogging of false, harmful, offensive, violent, obscene, hurtful or potentially
damaging language of any kind or at any time, understanding that such language
may violate public, private, federal, state or local rights or laws governing
speech, activity disguised as speech and/or any related public or personal
interest, including each Player’s right to play the Game without harassment or
disregard for the rights and values embodied in the Communications Decency Act
and both common law and federally and state-enacted legislation against
violations of the Lanham Act, slander, libel, defamation, hate speech, and
gross and intentional disregard for the feelings of others or oneself (“Protected Speech Rights”). No Player
may attempt to attach any link, ancillary portal or sub-site or upload or
otherwise display any content on the Site or within the Game without the
express written permission of Athlon and Sponsor, which may be withheld for any
reason. Neither Athlon nor Sponsor is affiliated with, endorsed by, or licensed
by, any of the athletes or their sponsors, Groups, leagues, educational
institutions, or professional organizations identified in connection with the
Game and none are a sponsor of or associated with the Game in any way. Athlete,
Group, league, educational institution, professional organization and other
associated names and/or designations, including any embedded or associated
trademarks, logos and images (“Third
Party Materials”) found on the Site are the trademarks, brands or other
protected content of their respective owners and are used for acceptable,
valid, and appropriate factual, descriptive, identification and non-trademark
purposes only and Athlon and Sponsor are not owners of nor have any interest in
the Third Party Materials, including as a licensee. The Site is intended for
informational and entertainment use only. Any and all software, platforms, page
or menu organization, components, content, play mechanisms, proprietary
functionality, graphic or text materials, trademarks, service marks, brands,
logos, slogans, names, music, photos, videos, sounds or any other materials in
or on the Game or the Site that are not
Third Party Materials or owned by Sponsor (“Protected Materials”), including all acquired goodwill and market
recognition associated with the Protected Materials are the exclusive, valuable
intellectual property of Athlon, subject to copyright, trademark or other
statutory protection, and may not be copied, used, distributed, adopted,
merged, or appropriated for any purpose without the prior express written
permission of Athlon. Any and all graphic or text materials, trademarks,
service marks, brands, logos, slogans, names, or any other materials in or on
the Game or the Site that are owned by Sponsor (“Sponsor Materials”), including all acquired goodwill and market
recognition associated with the Sponsor Materials are the exclusive, valuable
intellectual property of Sponsor, subject to copyright, trademark or other
statutory protection, and may not be copied, used, distributed, adopted,
merged, or appropriated for any purpose without the prior express written
permission of Sponsor.
10. GENERAL INFORMATION:
Athlon reserves the right to modify the Official Rules at any time for the
purposes of clarifying and effectuating how the Game should be played, how the
Game will be scored, how Winners are determined, how tie-breaking procedures
are applied, how unanticipated ties are resolved, 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, the illegal or inappropriate activity of any Player, the
unanticipated application, failure or effect of Game mechanisms of play or
individual components, software or hardware, or force majeure events affecting
the schedule(s) of registration, Player entry, Tournaments or entry deadlines,
the determination or notification of Winners, the application of tie-breaking
procedures, or the awarding of prizes, Athlon reserves the right to modify,
revise, add-to, nullify or utilize only in part the stated timing, commencement
or termination of any Tournament, Round, Period, Series, Field, entry or
promotion period or schedule and/or, in its sole discretion, to implement
substitute Tournaments, Rounds, Periods, Series, Fields, entry or promotion
periods or schedules, or portions thereof, solely for purposes of conducting
the Game in a fair and reasonable manner and determining Winners on an equal
basis and without unfairly disqualifying otherwise eligible Players from
winning prizes. 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
Sponsored By: Hamilton County Convention and Visitors Bureau
Produced and
Administered By: Athlon Sports
Communications, Inc.,