RULES

Baseball Hot Streak Challenge

Official Challenge Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

1. DESCRIPTION: The “Baseball Hot Streak Challenge” ("Challenge") is an online prediction Challenge in which entrants will predict statistical achievement events (“Predictions”) that may take place in Major League Baseball (MLB) on a given day. The Challenge begins on or about July 16, 2009 at 12:01 a.m. Pacific Time ("PT") and ends on October 4, 2009 at commencement time of the last scheduled MLB game (“Challenge Period”). The Challenge sponsor is Fox Sports Interactive Media, LLC (“Sponsor”). The Challenge Administrator is Creative Zing Promotion Group (“Administrator”). The Sponsor and Administrator will be referred to herein as the “Challenge Entities”. THIS CHALLENGE IS DEVISED AS A NON-GAMBLING PROMOTION and is intended solely for entertainment purposes.

2. ELIGIBILITY: Challenge is open only to legal residents of the fifty (50) United States and Washington D.C., who are at least eighteen (18) years of age or the age of legal majority in their state of primary residence at time of entry (“Entrant”). Each Entrant must have Internet access as of July 15, 2009. Each Entrant must be the rightful owner of the e-mail address identified in the Entrant's “Account” (as defined below). In the event of a dispute as to the identity of a winner, the winner will be deemed the person in whose name the email account was opened. Employees, shareholders, officers, directors, agents, and representatives of Challenge Entities and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the immediate family members and/or those living in the same household of such persons, are not eligible to participate in the Challenge. Challenge void where prohibited. For purposes of the Challenge, "Household Members" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.

3. HOW TO REGISTER: To participate in the Challenge, you must have a FoxSports.com/MSN Live account (“Account”). If you already have an Account, go to http://msn.foxsports.com/fantasy/baseball/baseballhotstreak (the “Website”) and follow the on-screen instructions. If you do not already have an Account, go to the Website and complete the online registration with email address, ZIP code and date of birth. You must also select a user name and password. ENTRANTS MAY ONLY PARTICIPATE IN THE CHALLENGE USING A SINGLE ACCOUNT REGARDLESS OF NUMBER OF EMAIL ADDRESSES OR ACCOUNTS. If an Entrant participates using multiple Accounts, only the first set of “Predictions” (as defined below) will be eligible for a prize or reward.

4. PREDICTIONS & STREAKS: Entrants can log into their Account and return to the Website at any time throughout the Challenge Period to make daily Predictions. Predictions must be made on specific situations as detailed on the Challenge Website. Predictions must be made no later than five (5) minutes prior to the scheduled start time of a game; once the scheduled start time of a game has passed all Predictions will be locked (“Lockdown”), regardless of whether a game is delayed for any reason. No changes to the Prediction will be permitted after Lockdown. One (1) point will be awarded for each correct Prediction made consecutively. Two (2) or more CONSECUTIVE correct Predictions will create a hot streak (“Streak”). Entrants are challenged to create the longest Streak possible by making correct, consecutive Predictions. As soon as an Entrant makes an incorrect Prediction, all earned points will be eliminated and the Entrant will revert to a “zero” point status. Entrants may opt to terminate a Streak at any time to claim a reward (“Reward”) as described in Section Six (6) of these Official Rules. Once a Streak is terminated for a Reward, the Entrant will revert to a zero point status and any subsequent Predictions will be counted towards a new Streak. The Entrant with the longest Streak (highest point score) during the Challenge Period (subject to verification of eligibility, as described below) will be deemed the grand prize winner, regardless of when the Streak ends or is terminatated (Streaks do NOT need to be active to be eligible for the grand prize). Entrants may only submit ONE (1) Prediction per day, regardless of the total number of games being played/or Predictions offered on a given day. If there is no game scheduled on a given day or games are cancelled, no Predictions will be made available for that day. Entrants are NOT required to enter a Prediction each day. Points cannot be accumulated on inactive days; however, Steaks will remain intact.

There are nine (9) possible game Predictions available, as follows:

  • Player hits a minimum of one (1) homerun
  • Player gets a minimum of two (2) hits
  • Player steals at least one (1) base
  • Player scores a minimum of two (2) runs
  • Player drives in a minimum of two (2) runs (RBI)
  • Pitcher earns Win
  • Pitcher earns Save
  • Pitcher strikes out a minimum of seven (7) batters
  • Team scores a minimum of seven (7) runs

All Prediction outcomes will be based on the official rules and scoring of MLB. Incomplete or unintelligible entries will be disqualified. All information provided by Entrant becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. If a game is mistakenly left unlocked after a game has begun, the Challenge Entities may lock the game late or cancel the game altogether, in Sponsor's sole discretion. In the event of a tie for the grand prize, ties will be broken based on the following criteria until the tie is broken: 1.) Total wins/losses based on any/all Streaks during the Challenge Period; 2.) The winning percentage based on any/all Streaks during the Challenge Period; 3.) Date of first correct Prediction; 4.) Time of first Prediction, according to the timestamp associated with the Entrants Account. The tie will NOT be broken via a random drawing.

5. GROUPS: Entrants can create or join public or private groups of friends or other users with similar interests, skill level, etc. When creating a private group, Entrant will be asked to enter a password. GROUP STANDING OR PARTICIPATION HAS NO AFFECT ON THE AWARDING OF REWARDS AND/OR PRIZES.

6. REWARDS AND PRIZES:

Grand Prize One (1) grand prize winner will receive $5,000 USD; awarded in the form of a check. Value: $5,000.
Reward – 20 Point StreakUP TO 3 REWARDS AVAILABLE AT THIS LEVEL (awarded to the first three (3) Entrants to reach a 20 point streak). $500 USD; awarded in the form of a check. Value: $500.
Reward – 15 Point StreakUP TO 500 REWARDS AVAILABLE AT THIS LEVEL (awarded to the first five-hundred Entrants to achieve a 15 point streak). Twelve (12) months general membership to Scout.com and a $100 gift certificate for WhatifSports.com. ARV: $250
Reward – 10 Point StreakUP TO 500 REWARDS AVAILABLE AT THIS LEVEL (awarded to the first five-hundred Entrants to achieve a 15 point streak). Three (3) months general membership to Scout.com and a $30 gift certificate for WhatifSports.com. ARV: $80
Reward – 5 Point StreakUP TO 500 REWARDS AVAILABLE AT THIS LEVEL (awarded to the first five-hundred Entrants to achieve a 15 point streak). One (1) month general membership to Scout.com and a $15 gift certificate for WhatifSports.com. ARV: $25

Unclaimed Rewards will go unawarded. Grand Prize Winner will be responsible for any and all federal, state and/or local taxes resulting from acceptance of the prize. Prize winner cannot assign or transfer any prize to another person. No Reward substitution is allowed except at the discretion of Challenge Entities. If a prize or Reward cannot be awarded due to circumstances beyond the control of the Challenge Entities, a substitute prize or reward of equal or greater retail value may be provided. If prize or Reward are awarded but unclaimed/forfeited by recipient, prize or Reward may not be re-awarded, in Challenge Entities’ sole discretion. Other restrictions may apply. Limit one (1) Reward per Entrant.

7. WINNER SELECTION AND NOTIFICATION/REWARD FULFILLMENT: The Entrant with the longest Streak/highest point score at the end of the Challenge (or tie-breaker, if applicable) will be declared the Grand Prize Winner, pending eligibility verification. Winner will be notified via email at the email address associated with their Account on or about October 26, 2009. The Challenge Entities shall have no liability for any such notification that is lost, intercepted, or not received by the selected winner. Selected winner will be required to respond (as directed) to the notification within seventy-two (72) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize. Winner may be required to verify eligibility and to execute before a notary public and return within five (5) days an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues, unless prohibited by law. Prizes will not be awarded until all such properly executed and notarized Prize Claim Documents are returned. Rewards for the 5, 10 and 15 Point Streaks will be fulfilled electronically via the email address associated with the Entrant’s Account. Rewards for the 20 Point Streak will be fulfilled by mail, pending notification via the email address associated with Entrants Account. Reward recipients for the 20 Point Streak are required to respond (as directed) to the notification within seventy-two (72) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the Reward. Rewards will be fulfilled within 30-60 days of the claim date. IT IS THE RESPONSIBILITY OF EACH ENTRANT TO ENSURE THAT THE EMAIL ADDRESS ASSOCIATED WITH THEIR ACCOUNT IS CURRENT AND CORRECT.

8. CONDITIONS OF PARTICIPATION/RELEASES: Challenge is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Challenge Rules and the decisions of the Challenge Entities, which shall be final in all respects. By participating in this Challenge and/or by accepting any prize that they may win, each Entrant agrees to release the Challenge Entities; each of their respective parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance, use, or misuse of any prize. Each Entrant authorizes the Challenge Entities and their assigns to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, throughout the universe in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Challenge Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at the Challenge Entities’ sole discretion, without further obligation or compensation. By entering the Challenge, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Challenge, but in no event will Entrant’s attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Challenge; (v) the Entrant’s claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Challenge. Challenge Entities assume no responsibility for any damage to an Entrant’s computer system, which is occasioned by accessing the Website, or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Challenge Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Challenge (or any portion of the Challenge) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Challenge and, in such situation, to select the winner(s) from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Challenge Entities. Challenge Entities may prohibit you from participating in the Challenge or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Challenge Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CHALLENGE. SHOULD SUCH AN ATTEMPT BE MADE, CHALLENGE ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

9. GOVERNING LAW: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE CHALLENGE ENTITIES IN CONNECTION WITH THE CHALLENGE OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CHALLENGE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. IN NO EVENT WILL THE CHALLENGE ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S IN THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, ALL PRIZES AND EVERYTHING IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CHALLENGE ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

10. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://msn.foxsports.com/name/Legal/privacyPolicy By entering the Challenge, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Challenge Entities for the purpose of Challenge administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.

11. SPONSOR: Fox Sports Interactive Media, LLC, 2121 Avenue of the Stars, Los Angeles, California 90067.

12. ADMINISTRATOR: Creative Zing Promotion Group, 100 East Pine Street, Suite 201, Orlando, FL 32801.

13. PRIZE WINNER LIST: For the name of the Grand Prize winner, available after November 1, 2009, or a copy of these official rules, mail a self-addressed, stamped envelope to: “Baseball Hot Streak” Winner's List or Rules, 100 E. Pine Street, Suite 201, Orlando FL 32801 (VT Residents may omit return postage) by December 31, 2009.

All times Eastern