Official Rules

Swisher Fantasy Racing Challenge

2009 OFFICIAL GAME RULES

 

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 Monday, January 26th, 2009 and continues through thirty-six (36) rounds of racing (“Round[s]”), until the end of the viewing period of posted Winners on the Standings Page at 11:59:59 PM Eastern Time on December 15th, 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 based on their skill and knowledge of racing and driving teams and their ability to use that knowledge to select winning drivers and teams during the 2009 racing season. Participation in the Game is described, regulated and clarified by and wholly subject to the provisions of the rules set out herein (“Official Rules”).

 

            2.         ELIGIBILITY:  The Game is open to individuals 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 21 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. Only individuals may enter. One registration per person. Additional entries from any individual using different e-mail addresses will be disqualified. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted.  Employees of Swisher International, Inc. (“Sponsor”) may play, but WILL NOT be eligible to win or collect any prizes. Directors of Sponsor and Employees and Directors of Athlon Sports Communications, Inc. (“Athlon Sports”) and each of their respective affiliates, subsidiaries, franchisees, advertising and promotional agencies, and each of their respective officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households are ineligible to win or collect prizes in the Game.  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 Sports 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:  Beginning 12:00:01 AM Eastern Time on January 26th, 2009 and through 11:59:59 PM Eastern Time on November 22nd, 2009 (“Game Period”), Players will log on to www.swishersports.com (“Site”) and follow the instructions to register for the Site, identify a user name and password for subsequent visits to the Site, indicate his/her acceptance of the Official Rules, 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) and select a team of drivers for the first Round (“entry” or “entries”). 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.  Entries for subsequent Rounds will be submitted based on the Race Schedule listed below. Players must submit their entry for each Round electronically no later than thirty (30) minutes prior to the start of the scheduled race for each Round as set out below (“Round Entry Deadline”).  The time and date of each Player’s entry for each Round will be utilized for purposes of the #(2) Tie-breaking Procedure as set out in paragraph 4 below and may increase Player’s chances of winning. On subsequent visits, Players will follow the instructions to select the winning teams in each Field for each Round.  Players may submit only one (1) entry for each Round. Lost, late, illegible, incomplete or misdirected entries are not eligible

 

Regular Season Race Schedule
Round	Date	Race Location	Round Entry Deadline
1	02/15/09	Daytona International Speedway	02/15/09
2	02/22/09	Auto Club Speedway	02/22/09
3	03/01/09	Las Vegas Motor Speedway	03/01/09
4	03/08/09	Atlanta Motor Speedway	03/08/09
5	03/22/09	Bristol Motor Speedway	03/22/09
6	03/29/09	Martinsville Speedway	03/29/09
7	04/05/09	Texas Motor Speedway	04/05/09
8	04/18/09	Phoenix International Raceway	04/18/09
9	04/26/09	Talladega Superspeedway	04/26/09
10	05/02/09	Richmond International Raceway	05/02/09
11	05/09/09	Darlington Raceway	05/09/09
12	05/24/09	Lowe's Motor Speedway	05/24/09
13	05/31/09	Dover International Speedway	05/31/09
14	06/07/09	Pocono Raceway	06/07/09
15	06/14/09	Michigan International Speedway	06/14/09
16	06/21/09	Infineon Raceway	06/21/09
17	06/28/09	New Hampshire Motor Speedway	06/28/09
18	07/04/09	Daytona International Speedway	07/04/09
19	07/11/09	Chicagoland Speedway	07/11/09
20	07/26/09	Indianapolis Motor Speedway	07/26/09
21	08/02/09	Pocono Raceway	08/02/09
22	08/09/09	Watkins Glen International	08/09/09
23	08/16/09	Michigan International Speedway	08/16/09
24	08/22/09	Bristol Motor Speedway	08/22/09
25	09/06/09	Atlanta Motor Speedway	09/06/09
26	09/12/09	Richmond International Raceway	09/12/09
Championship Challenge Race Schedule
Round	Date	Race Location	Entry Deadline
1	09/20/09	New Hampshire Motor Speedway	09/20/09
2	09/27/09	Dover International Speedway	09/27/09
3	10/04/09	Kansas Speedway	10/04/09
4	10/11/09	Auto Club Speedway	10/11/09
5	10/17/09	Lowe's Motor Speedway	10/17/09
6	10/25/09	Martinsville Speedway	10/25/09
7	11/01/09	Talladega Superspeedway	11/01/09
8	11/08/09	Texas Motor Speedway	11/08/09
9	11/15/09	Phoenix International Raceway	11/15/09
10	11/22/09	Homestead-Miami Speedway	11/22/09

 

         4.       HOW TO PLAY/ACCRUE POINTS & PRIZES:  The Game is made up of thirty-six (36) total Rounds of racing for both Round prizes and a Grand Prize and is separated into two distinct sections. The first section consists of 26 Rounds (“Regular Season”) and corresponds to the first 26 races of the Cup season, where points are earned towards the Cup (excluding any so-called “All- Star” and/or special event races). The second section consists of the last 10 races of the season (“Championship Challenge”), when racing’s governing body selects 10 or more drivers to compete for the season championship.

 

Regular Season:

Player shall select a team of drivers that Player predicts will earn the highest number of points (“Team”) as follows: The drivers are presented in 5 groups of 6 and each driver is assigned a point value between 1 and 6, based on his/her relative value in context of the other drivers in that group. For each driver selected, his/her assigned point value is added together to arrive at a “Team Value Total”. At least one driver must be selected from each of the 5 groups. The Team Value Total (derived from the sum of all drivers selected) must maintain a cumulative point value of 23 points or less. Entries that select a team of drivers with a Team Value Total exceeding 23 points will be rejected by the computer system and the Player will be asked to reselect his/her Team. Each Player must also predict and enter an “Average Speed Prediction” for the race being run in each Round. The Average Speed Prediction will only be used in a tie-breaking procedure as described below. If a Player fails to submit an entry by the Round Entry Deadline, the Player's Team for that Round will be automatically selected and will consist of the "Last 5 Out" drivers for that Round (“Auto-Pick”). As used herein, the "Last 5 Out" drivers will be those drivers, who on a scale of 1 through 35 (where 1 is the best and 35 is the worst), were rated 31 through 35 by Athlon Sports for the upcoming Round and did not get assigned to a selectable group. Each Player will be entitled to receive only one (1) Auto-Pick Team during the Regular Season.

Championship Challenge:

To select his/her Championship Challenge Team, each Player will select five (5) drivers whose combined point values do not exceed a Team Value Total of 23 points and composed of the following drivers:

 

(1) Two (2) drivers selected from the pool of those twelve (12) drivers qualifying for the Championship (“Chase Drivers”). Chase Drivers will be rated at a value of between 7 and 12 points and Players will earn double points for each Cup point earned by Chase Drivers; and

 

(2) One (1) driver from each of the three (3) remaining groups of six (6) drivers (“Fill Drivers”).  Fill Drivers will be rated at a value of between 1 and 6 points.  The Fill Drivers may be changed at any time before each Round Entry Deadline.

 

Player must also predict and enter an Average Speed Prediction for the race being run in each Round. The Average Speed Prediction will only be used in a tie-breaking procedure as described below. If a Player fails to submit an entry by the Round Entry Deadline, the Player's Team for that Round will be selected through Auto-Pick. Players will receive an Auto-Pick only once during the Championship Challenge.

Challenge Leagues:

All Players are encouraged to participate in “Challenge Leagues,” competing each Round against other

Players.  A Player may create a Challenge League by following the “Challenge League Creation Process”

or may join an existing league.  All Challenge Leagues are either “Public” (any Player already playing may join) or “Private” (only Players with unique passcodes secured from that specific Challenge League’s original organizer may join).  Players may participate (as either organizer or member) in a maximum of 5 Challenge Leagues. Players do not earn additional points for participation in Challenge Leagues.  Participation in each Challenge League is limited to the maximum number of Players determined by the League Organizer. Each Challenge League is assigned its own Standings Page and League Message Board.

 

DETERMINING “WINNERS”:

 

Regular Season:

Players earn the number of Cup points accrued by their team of drivers for each Round. No points will be awarded for cancelled Rounds. The Player earning the highest number of points in each Round will be the “Round Winner.” The Player earning the highest number of cumulative points at the end of the first 26 Rounds of the Regular Season will be the “Regular Season Grand Prize Winner.”

 

Championship Challenge:

Each Player earns two (2) times the number of Cup points earned by his/her selected Chase Drivers in each Round plus the number of Cup points earned by his/her Fill Drivers in each Round. The Player with the highest number of cumulative points at the end of the 10 Championship Challenge Rounds will be the “Championship Challenge Grand Prize Winner”.

 

Tie-Breaking Procedure: (1) In the event of a tie between Players at the end of any Round, the Winner will be that Player whose Average Speed Prediction is closest to the actual average speed of the race within the applicable Round. (2) If Players remain tied after the Average Speed Prediction tie-breaking procedure (as would be the case with identical entries), the Winner will be that Player whose Round entry reflects the earliest time and date of e-mail submission as reflected by the Game database. 

 

PRIZE SCHEDULE:

Regular Season GRAND PRIZE  PRIZE DESCRIPTION                 ARV

1ST PLACE

Jeff Gordon Racing trip at the track of the winner’s choice. Trip to include round trip coach class airfare for two, two nights hotel accommodations – double occupancy, breakfast daily at the hotel, $100.00 spending cash, Qualifier Program for the winner, Ride-Along for winner and guest and rental car stipend. All other meals, gratuities, transportation and other expenses not specified are the sole responsibility of Winner. Trip is subject to availability and blackout dates. All travel must be completed by December 31, 2010. Winner and his/her guest must travel together. Inability of Winner to participate in Grand Prize Trip will result in forfeiture of prize. Winner and guest must sign a risk waiver and hold-harmless release(s) provided to them by and in accordance with the instructions of Sponsor, Athlon Sports and/or prize venue at least ten days prior to departure to or forfeit the prize. Winner and guest must have valid passports, as required.

$3300.00

 

Chase Season GRAND PRIZE    PRIZE DESCRIPTION                  ARV

1ST PLACE

Jeff Gordon Racing trip at the track of the winner’s choice. Trip to include round trip coach class airfare for two, two nights hotel accommodations – double occupancy, breakfast daily at the hotel, $100.00 spending cash, Qualifier Program for the winner, Ride-Along for winner and guest and rental car stipend; All other meals, gratuities, transportation and other expenses not specified are the sole responsibility of Winner. Trip is subject to availability and blackout dates. All travel must be completed by December 31, 2010. Winner and his/her guest must travel together. Inability of Winner to participate in Grand Prize Trip will result in forfeiture of prize. Winner and guest must sign a risk waiver and hold-harmless release(s) provided to them by and in accordance with the instructions of Sponsor, Athlon Sports and/or prize venue at least ten days prior to departure to or forfeit the prize. Winner and guest must have valid passports, as required.

$3300.00

 

ROUND PRIZES                                    PRIZE DESCRIPTION                   ARV

1st  Place all Rounds

8.5”, 1:24 scale die-cast car from the driver of the winner’s choice

$100.00

 

2nd – 6th Place  all Rounds

Swishersports.com t-shirt

$25.00

 

         5.       ABILITY TO WIN:  The Game is solely a game of skill. Each Player’s ability to win depends solely on (1) his/her knowledge of the sport of racing; (2) his/her knowledge of the strengths and weaknesses, career histories, recent and overall season performance of cars and drivers; (3) his/her skill and ability to apply his/her knowledge of the above in accurately identifying  which cars and drivers will win when placed in direct competition with other cars and drivers, specifically for use in assembling “fantasy racing teams”; (4) his/her skill in assessing an individual car’s and driver’s effectiveness in a specific race and at a specific racetrack and statistically analyze and predict with accuracy the winning and placing drivers and cars in a given race; (5) his/her skill in assessing an individual car’s and driver’s average speed in a specific race and at a given racetrack; 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 U.S. currency. Winners may receive an IRS 1099 form reporting the value of their prize. By accepting a prize, Winners waive the right to assert as a cost of winning their prize, any and all costs of redemption or travel to redeem the prize. Any stated ARVs of prizes represent Sponsor’s and/or Athlon Sports' good-faith determination of the retail value of the prize.  Winners will be initially identified, subject to eligibility, on or about seven (7) business days following the date of the last game in each Round (“Effective Date”), by Sponsor, Athlon or its agent, the judge of the Game, whose decisions are final and binding. Winners will be notified by overnight mail and/or email, at Athlon’s Sports’ discretion, on or about fourteen (14) business days following the Effective Date (“Notification”). The complete identification of all Winners will be posted on the “STANDINGS” page of the Site and will be available for viewing no later than the Effective Date or by either emailing fantasyracing@athlonsports.com or by sending a written request in a stamped, self-addressed envelope for receipt no later than fourteen (14) business days following the Effective Date to:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Nashville, Tennessee 37203. Winners must provide positive identification in such form as is specified by Sponsor or Athlon Sports to claim a prize. Return of Notification as undeliverable will result in disqualification and selection of an alternate Winner. Prizes will be awarded only upon Winner validation and verification by Sponsor and/or Athlon Sports.  All prizes must be redeemed by each Winner no later than thirty (30) days following Athlon Sport’s confirmation of Notification. In the event of a dispute as to the identity of a Winner, the Winner will be the individual who was, at the time of entry, at Athlon Sports’ sole discretion, the documented registered holder of the email account used to enter the Game. It is the sole responsibility of the Player to notify the Sponsor during the Promotion Period if his/her email address changes.  No transfer or assignment of any prize is permitted.  In no event will more prizes be awarded than those listed above in paragraph 4. In the event that any prize is unavailable at the time it is scheduled to be awarded, Athlon Sports reserves the right, in its sole discretion, to substitute that prize with either the cash value of the ARV of the applicable prize or a prize or prizes of equal or greater value.  If the initially selected Winner cannot be contacted, is ineligible, fails to claim a prize, or if the prize is returned as undeliverable, the prize will be forfeited and an alternate Winner will be selected.  Acceptance of a prize constitutes permission for Athlon, Sponsor, and their respective designees to use of Winner’s name, likeness, statements, voice, opinions, biographical information and state of residence for promotional purposes in any media without notice, further payment, consideration, credit, or right of approval or review (except where prohibited by law).  Winners will be required to sign an affidavit of eligibility and liability release within five (5) days of Athlon Sports’ and/or Sponsor’s request (except where prohibited by law).

 

            7.         TERMINATION OR DISQUALIFICATION:  To cancel any Player’s participation in the Game, Player must send an email to fantasyracing@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 Sport’s receipt of the Notice of Termination as reflected by Athlon Sport’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 Sports 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, in Athlon Sports’ and/or the Sponsor’s sole discretion, will be immediately disqualified.  If disqualified for any of the above abuses, Athlon Sports will immediately terminate that Player’s participation in the Game and future contests sponsored by Athlon Sports and Sponsor 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 Sports’ 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 Sports 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 Sports 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 Sports 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 Sports which, in the sole opinion of Athlon Sports or the Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon Sports and/or Sponsor 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 Sports, the Sponsor and the judges, which shall be binding and final in all respects; (b) to comply with Athlon Sport’s privacy policy and terms and conditions and any and all affirmative obligations, express or implied, set out in paragraph 9 below with respect to Protected Speech Rights; (b) to release Sponsor and Athlon Sports from all liability, loss or damage arising out of any participation in the Game, violations of Protected Speech Rights not caused by Athlon’s or Sponsor’s knowing, intentional and reckless disregard for such rights (to the extent that it was foreseeable by Athlon and/or Sponsor that such disregard was likely to cause Player injury),or in connection with the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Athlon Sports and/or Sponsor by mail, telephone and/or email; and (d) that he/she acknowledges that neither Athlon Sports 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 Sports 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 Sports, THE 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, VIOLATIONS OF PROTECTED SPEECH RIGHTS (as defined below), 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 OR INVASION OF PRIVACY.

 

9.         PLAYER, GAME AND SITE INFORMATION AND CONTENT:  Any information provided to Athlon Sports 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 this Game, for purposes of fulfilling any applicable prizes, providing necessary notice, or in connection with other appropriate purposes. All data is proprietary to Sponsor and will not be provided to unrelated third parties or returned to Player. Limited to the purposes outlined herein, Athlon Sports will collect, use, and protect personal data in accordance with its privacy policy available for review at www.swishersports.com. Players are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no on-line site or activity is impervious to outside intervention or activity, regardless of the level of care 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 and at any time, understanding that such language may violate the 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”). Players should report any violations of the immediately preceding portion of this paragraph immediately to fantasyracing@athlonsports.com.   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 Sports and Sponsor, which may be withheld for any reason. Neither Athlon Sports nor Sponsor is affiliated with, endorsed by, or licensed by, any of the drivers, cars, leagues, tracks or their sponsors identified in connection with the Game, and none are a sponsor of or associated with the Game in any way. Driver, car, league, track 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 Sports, 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 Sports.

            10.        GENERAL INFORMATION: Athlon Sports 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, Rounds or entry deadlines, the determination or notification of Winners, the application of tie-breaking procedures, or the awarding of prizes, Athlon Sports reserves the right to modify, revise, add-to, nullify or utilize only in part the stated timing, commencement or termination of any Game Round, Period, Series, Field, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute Game 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 Nashville, Tennessee.  Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee.  Each Player waives any and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts. Any and all lawsuits or other disputes that arise relating to the Game must be filed within one (1) year of the last day of the Promotion Period. The failure of Sponsor or Athlon Sports to exercise or enforce any right or provision of the Official Rules shall not constitute a waiver of such right or provision.  If any part of the Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of the Official Rules will remain fully in force.

 

Sponsored By:  Swisher International, Inc.

 

Produced and Administered By:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Nashville, Tennessee 37203. © 2009 Athlon Sports Communications, Inc. All rights reserved.