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Contest Rules
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Hooters FOXSports.com Bracket Challenge
Official Contest Rules
1. DESCRIPTION:
No purchase necessary to enter or win. The "Hooters FOXSports.com Bracket Challenge" ("Challenge") is an online men's college basketball tournament prediction Challenge. The Challenge sponsor is Fox Sports Interactive Media, LLC ("Sponsor"). The Contest cosponsor is Hooters of America, Inc. ("Cosponsor"). The Contest Administrator is Creative Zing Promotion Group ("Administrator"). The Sponsor, Cosponsor and Administrator will be referred to herein as the "Challenge Entities". The Challenge is not endorsed by, associated with, or sponsored by, the National Collegiate Athletic Association ("NCAA"). THIS CONTEST IS DEVISED AS A NON-GAMBLING PROMOTION and is intended solely for entertainment purposes.
The Challenge is based on the results of the 2011 NCAA Division I Men's College Basketball Tournament (the "Tournament"). The Tournament consists of sixty-three (63) separate games, as detailed below. "Entrants" (as defined below) will be awarded points by correctly predicting the winning games ("Prediction") in the Tournament as detailed below. Prizes will be awarded to those Entrants who have accumulated the most points during the Challenge as described below. In the event an Entrant submits a "Perfect Bracket" whereby he/she accurately predicts the outcome of all sixty-three (63) Tournament games, he/she may be eligible to win the Grand Prize. A maximum of Five Hundred Thousand (500,000) individual Entrants will be eligible to register for and participate in the Challenge; participation is first come, first serve and registration will close if/when the maximum number of Entrants register. Each Entrant may submit a maximum of three (3) Challenge entries (1.5 million total Challenge entries across all Entrants). Limit three (3) entries per person. If an Entrant exceeds the entry limitations; the Entrant will be disqualified and no prizes will be awarded.
2. ELIGIBILITY:
Challenge is open only to legal residents of the fifty (50) United States and Washington D.C., who are at least twenty-one (21) years of age or the age of legal majority in their state of primary residence at time of entry ("Entrant"). Each Entrant must be the rightful owner of the e-mail address identified in the Entrant's entry at the time of registration. 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, STATS Inc., 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. If you are a college athlete or expect to be one, participating in this Challenge could affect your NCAA eligibility. For purposes of the Challenge, "Household" 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 AND SELECT PICKS:
To participate in the Challenge, you must have a FoxSports.com account ("Account"). If you already have an Account, go to http://msn.foxsports.com/fantasy/collegebasketball/tourney/ (the "Website") during the Registration Period, log into your account, and follow the instructions to register for the Challenge. If you do not already have an Account, go to the Website during the Registration Period and complete the online registration with an email address and ZIP code. You must also select a user name and password. Entrants must then return to the Website during the Selection Period, log-in to their account and predict one (1) winner for each game in the Tournament. The Challenge Entities may send one (1) reminder email during the Selection Period to Entrants who have registered to participate but haven't yet submitted Predictions. The Entrant will make the Prediction by clicking on the team name they believe will advance to the next round of the Tournament. After completing selections, Entrants will then be asked to enter a Prediction for the combined total score of the Tournament championship game ("Tie-Breaker"). The Tie-Breaker Question answers will be used to determine prize winners in the event that there is a tie in final points awarded. The Tie-Breaker criteria will be applicable for all prize levels, including the Grand Prize (as defined in Section 6). After completing the Predictions and entering an answer for the Tie-Breaker Question, Entrants must click the "Submit" button on the form to register the entry. If Entrant does not submit the form, the entry will not be valid. If Entrants wish to make changes to their selections, they may go back and change a selection at anytime during the Selection Period. No changes or revisions to the Challenge submission will be permitted after the close of the Selection Period. Incomplete or unintelligible entries will be disqualified. All information provided by Entrant becomes the property of Challenge Entities. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
4. SCORING:
Entrants will earn points based on correct prediction of winning teams in the games of the Tournament. The number of points awarded for each correct pick of a winning game of the Tournament will increase with each round of the Tournament. A maximum of 192 points can be earned if all games are predicted correctly. The four (4) play-in games, scheduled to take place prior to the First Round of the Tournament, are NOT included in the Challenge. Challenge points will be awarded as follows:
| Round | Points |
| 1 (First Round) | 1 point for each correct selection (32 total points possible) |
| 2 (Second Round) | 2 points for each correct selection (32 total points possible) |
| 3 (Regional Semifinals) | 4 points for each correct selection (32 total points possible) |
| 4 (Regional Finals) | 8 points for each correct selection (32 total points possible) |
| 5 (Final Four) | 16 points for each correct selection (32 total points possible) |
| 6 (Championship) | 32 points for each correct selection (32 total points possible) |
At the conclusion of the Tournament, Entrants scores will be calculated and prizes will be awarded to the top scoring Entrants as described below. In the event of a tie, ties will be broken in the following order:
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 outcome on the total Challenge outcome.
6. PRIZES:
| Grand Prize - Perfect Bracket ONLY |
The Grand Prize will only be awarded in the event that an Entrant submits a Perfect Bracket. If no Entrant submits a Perfect Bracket the Grand Prize will not be awarded. One (1) Grand Prize is available consisting of One Million Dollars ($1,000,000.00)*. *$1 million prize will be awarded as an annuity payable at Twenty-Five Thousand Dollars ($25,000.00) per year for forty (40) years. Approximate Retail Value ("ARV") of Grand Prize: $515,000. |
| 1st Prize (1 awarded) | The one (1) Entrant with the highest point total at the end of the Challenge who has not submitted a Perfect Bracket shall each receive the First Prize. The First Prize winner will receive: one (1) "60 1080p LED HDTV and a one (1) year supply of Hooters' Wings (awarded as Hooters Gift Cards valued at One Thousand Three Hundred Dollars ($1,300.00)). Total First Prize ARV: $2,799. |
| 2nd Prize (1 awarded) | The one (1) Entrant with the next highest point total after the First Prize winner at the end of the Challenge shall receive the Second Prize. The Second Prize winner will receive: one (1) 3 day/2 night trip for two (2) people to Las Vegas, NV. The trip consists of the following: (a.) round-trip coach air transportation for two (2) people from the major airport nearest Winner's residence to Las Vegas, NV; (b.) two (2) nights standard hotel accommodations for Winner and his/her guest at a hotel selected by Sponsor (one room; double occupancy and room tax only); (c.) Five Hundred Dollars ($500.00) for spending money, issued in the form of a check; (d.) a one (1) month supply of Hooters' Wings (awarded as Hooters Gift Cards valued at One Hundred Dollars ($100.00)). Total Second Prize ARV: $2,100. |
| 3rd Prizes (23 awarded) | The twenty-three (23) Entrants with the next highest point totals after the First & Second Prize winners at the end of the Challenge shall each receive the Third Prize. Each Third Prize winner will receive a one (1) month supply of Hooters' Wings (awarded as Hooters Gift Cards valued at One Hundred Dollars ($100.00)). Total Third Prize ARV: $100. |
Total Challenge ARV: $522,199
Limit one (1) prize per Household. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize winners cannot assign or transfer any prize to another person. No cash or prize substitution is allowed except at the discretion of Challenge Entities. If a prize cannot be awarded due to circumstances beyond the control of the Challenge Entities, a substitute prize of equal or greater retail value may be awarded. The ARV of any prize represents Challenge Entities good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. The prizes are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. If prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Challenge Entities sole discretion. Other restrictions may apply.
Actual Second Prize value depends on Second Prize winner's place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower than estimated value. Trip must be taken by December 31, 2011. Second Prize winner and his/her guest are responsible for obtaining the necessary travel documents. Challenge Entities will not obtain travel insurance on behalf of any Second Prize winner or travel companion. Any costs of travel exceeding the allowance provided herein shall be the sole responsibility of the applicable Second Prize winner. For the avoidance of doubt, Second Place winner shall be solely responsible for all expenses not specifically set forth herein, including but not limited to meals, gratuities, tips, taxes and incidentals. If Second Prize winner lives within two hundred (200) miles of Las Vegas, NV, the Challenge Entities reserve the right to substitute ground transportation for airfare, in their sole discretion. Challenge Entities reserve the right to change travel dates and to substitute any or all of these portions of the prize for a prize of comparable or greater value should they become unavailable or impractical for any reason. Second Prize winner and travel companion agree that they undertake the Trip at their own risk. Second Prize winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date. Challenge Entities will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Challenge Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Blackout dates may apply.
7. WINNER SELECTION AND NOTIFICATION:
The Grand Prize will only be awarded in the event that an Entrant submits a Perfect Bracket. The Entrant with the highest point score at the end of the Challenge (or tie-breaker, if applicable) will be declared the First Prize winner, pending eligibility verification. The Entrant with the next highest point score at the end of the Challenge (or tie-breaker, if applicable) will be declared the Second Prize winner, pending eligibility verification. The Entrants with the next twenty-three (23) highest point scores at the end of the Challenge (or tie-breaker, if applicable) will be declared the Third Prize winners, pending eligibility verification. All winners will be notified via email at the email address listed in their Challenge Registration on or about April 25, 2011. Selected winners 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. Grand, First and Second Prize winners will 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. The Grand, First and Second Prize winners must provide Challenge Entities with a valid social security number for tax reporting purposes before the prize will be awarded. An IRS Form 1099 will be issued in the name of the Grand, First and Second Prize winners. Third Prize winners may be required to verify eligibility and complete a simple claim form, as directed by the Administrator. The failure of any winner to respond timely to the notification may result in forfeiture of the prize and, in such case, Administrator may re-award the prize to an alternate winner according to point scores. Second Prize winner's travel companion must complete a travel guest liability/publicity release prior to the Trip. Second Prize winner's travel companion must be at least 21 years of age or Second Prize winner must be travel companion's parent or legal guardian and must complete and return all releases on behalf of minor. Prizes will not be awarded until all such properly executed forms are returned.
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, EVERY ELEMENT OF THE CHALLENGE, INCLUDING, BUT NOT LIMITED TO, ALL PRIZES ARE 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.
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/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, 12181 Bluff Creek Drive, Playa Vista CA 90094 and Hooters of America, Inc., 1815 The Exchange, Atlanta, GA 30339.
12. ADMINISTRATOR:
Creative Zing Promotion Group, 189 S. Orange Ave, Suite 1130A, Orlando, FL 32801.
13. PRIZE WINNER LIST:
For the list of winners or a copy of these official rules, mail a self-addressed, stamped envelope to: "Hooters FOXSports.com Bracket Challenge" Winner's List or Rules, 189 S. Orange Ave, Suite 1130A, Orlando, FL 32801 (VT Residents may omit return postage) by May 1, 2011.