Contest Rules :: Swisher Fantasy Racing Contest

Swisher Fantasy Racing Challenge

2008 OFFICIAL GAME RULES

1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN: This Game ("Game") begins at 12:00:01 AM Eastern Time on January 29th, 2008 and ends at midnight Eastern Time on December 16, 2008 (�Promotion Period�). THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of racing and driving teams to accumulate the most points in the Game during the 2008 racing season.

2. ELIGIBILITY: The Game is open to only those legally residing in of one of the fifty (50) United States and the District of Columbia (but not Guam, Puerto Rico, or any other U.S. and foreign territories and possessions) ("Eligibility Area"), with proof of legal residency and citizenship, and who are 21 years of age or older at the time of entry and have the ability to enter into valid contracts in their personal jurisdiction of residence. Only individuals may enter. One entry 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 and directors of Athlon Sports Communications, Inc. (�Athlon Sports�) and Swisher International, Inc. (�Sponsor�), and each of their respective parent companies, divisions, affiliates, subsidiaries, franchisees, distributors, dealers, printers, advertising, judging 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 participate, win or collect prizes in the Game. By participating, Entrants agree to these Official Rules and to the decisions of Athlon Sports and the judges, which are final and binding in all respects. Entrants agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

3. HOW TO ENTER: Beginning January 29, 2008 and through November 18th, 2008, Entrants will log on to http://www.swishersports.com (�Site�), and follow the instructions to complete the Official Entry Form, indicate their acceptance of the Official Rules (required for play), and to select a team of drivers for the applicable Round ("entry" or "entries"). Subsequent entries will be played based on the Race Entry Deadline Schedule listed below. Entrant data will be used to administer the Game and for other Sponsor promotions. All data is proprietary to Sponsor and will not be used for third party solicitations. Lost, late, illegible, incomplete or misdirected entries are not eligible. Neither Athlon Sports nor Sponsor is responsible for any 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 an Entrant's or any other person's computer.

Regular Season Race Entry Deadline Schedule:

Round Race Date Race Location Entry Deadline Date Entry Deadline Time
1 Feb. 17, 2008 Daytona International Speedway Feb. 17, 2008 9 a.m. ET
2 Feb. 24, 2008 California Speedway Feb. 24, 2008 9 a.m. ET
3 March 2, 2008 Las Vegas Motor Speedway March 2, 2008 9 a.m. ET
4 March 9, 2008 Atlanta Motor Speedway March 9, 2008 9 a.m. ET
5 March 16, 2008 Bristol Motor Speedway March 16, 2008 9 a.m. ET
6 March 30, 2008 Martinsville Speedway March 30, 2008 9 a.m. ET
7 April 6, 2008 Texas Motor Speedway April 6, 2008 9 a.m. ET
8 April 12, 2008 Phoenix International Raceway April 12, 2008 9 a.m. ET
9 April 27, 2008 Talladega Superspeedway April 27, 2008 9 a.m. ET
10 May 3, 2008 Richmond International Raceway May 3, 2008 9 a.m. ET
11 May 10, 2008 Darlington Raceway May 10, 2008 9 a.m. ET
12 May 25, 2008 Lowe's Motor Speedway May 25, 2008 9 a.m. ET
13 June 1, 2008 Dover International Speedway June 1, 2008 9 a.m. ET
14 June 8, 2008 Pocono Raceway June 8, 2008 9 a.m. ET
15 June 15, 2008 Michigan International Speedway June 15, 2008 9 a.m. ET
16 June 22, 2008 Infineon Raceway June 22, 2008 9 a.m. ET
17 June 29, 2008 New Hampshire International Speedway June 29, 2008 9 a.m. ET
18 July 5, 2008 Daytona International Speedway July 5, 2008 9 a.m. ET
19 July 12, 2008 Chicagoland Speedway July 12, 2008 9 a.m. ET
20 July 27, 2008 Indianapolis Motor Speedway July 27, 2008 9 a.m. ET
21 Aug. 3, 2008 Pocono Raceway Aug. 3, 2008 9 a.m. ET
22 Aug. 10, 2008 Watkins Glen International Aug. 10, 2008 9 a.m. ET
23 Aug. 17, 2008 Michigan International Speedway Aug. 17, 2008 9 a.m. ET
24 Aug. 23, 2008 Bristol Motor Speedway Aug. 23, 2008 9 a.m. ET
25 Aug. 31, 2008 California Speedway Aug. 31, 2008 9 a.m. ET
26 Sept. 6, 2008 Richmond International Speedway Sept. 6, 2008 9 a.m. ET
Championship Challenge Race Entry Deadline Schedule:

Round Race Date Race Name Race Name Entry Deadline Date Entry Deadline Time
1 Sept. 14, 2008 TBA New Hampshire International Speedway Sept. 14, 2008 9 a.m. ET
2 Sept. 21, 2008 TBA Dover International Speedway Sept. 21, 2008 9 a.m. ET
3 Sept. 28, 2008 TBA Kansas Speedway Sept. 28, 2008 9 a.m. ET
4 Oct. 5, 2008 TBA Talladega Superspeedway Oct. 5, 2008 9 a.m. ET
5 Oct. 11, 2008 TBA Lowe�s Motor Speedway Oct. 11, 2008 9 a.m. ET
6 Oct. 19, 2008 TBA Martinsville Speedway Oct. 19, 2008 9 a.m. ET
7 Oct. 26, 2008 TBA Atlanta Motor Speedway Oct. 26, 2008 9 a.m. ET
8 Nov. 2, 2008 TBA Texas Motor Speedway Nov. 2, 2008 9 a.m. ET
9 Nov. 9, 2008 TBA Phoenix International Raceway Nov. 9, 2008 9 a.m. ET
10 Nov. 16, 2008 TBA Homestead-Miami Speedway Nov. 16, 2008 9 a.m. ET

4. HOW TO PLAY/EARNING POINTS: The Game is made up of Weekly Round-based game play for both Round prizes and for a Grand Prize during the Round periods outlined above. The Game 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 (excludes All- Star and 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.

During the Regular Season:

The drivers are presented in 5 groups of 6, each driver being assigned a point value between 1 and 6 based on its relative value against 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 attempting to select a team of drivers that exceeds 23 points will be rejected by the computer system and the Entrant will be asked to reselect his/her team. Each Entrant must also enter an �Average Speed� for the race being run in each round. The Average Speed will be used only in the event of a tie-breaking round as described below.

During the Championship Challenge:

To select a team of drivers, Entrants will select one of the eligible drivers as their Champion Driver. An eligible driver is one of the drivers qualified to compete in the 10 final races for the 2008 Cup. The selected Champion Driver will remain on the Entrant�s team for all 10 races. The Entrant will then select three additional drivers from the eligible drivers to complete his/her team. These three drivers may be changed at any time before the deadline of each race. Each Entrant must also enter an Average Speed for the race being run in each round. The Average Speed will be used only in the event of a tie-breaking round as described below.

Entries must be submitted electronically no later than 9:00:00 a.m. ET the day of the scheduled race for each round (�Race Entry Deadline�) per the Race Entry Deadline Schedule in paragraph 3 above.

Challenge Leagues:

All Entrants are encouraged to participate in �Challenge Leagues,� competing each week against other Entrants. An Entrant may create a Challenge League by following the Challenge League creation process or may join an existing league. All Challenge Leagues are either �Public�, meaning any player within the Swisher Fantasy Racing game may join, or �Private�, meaning only Entrants who have been given a unique passcode by that Challenge League�s original organizer may join. An Entrant may participate (as the organizer or member) in a maximum of 5 Challenge Leagues. Entrants do not earn additional points for participation in Challenge Leagues, and no additional prizes will be awarded based upon participation and/or success in a Challenge League. Participation in each Challenge League is limited to 20 Entrants. Each Challenge League is assigned its own Standings Page and League Message Board.

5. HOW TO WIN; ODDS OF WINNING: Points are awarded based on the total number of Cup points earned by each driver of the Entrant�s fantasy racing team. The Swisher Fantasy Racing contest is a game of skill and an Entrant�s chances of winning depends on his/her skill and ability to pick a team of drivers that earns more Cup points than any other team of drivers selected by all other Entrants in the Game and the total number of Entrants.

During the Regular Season:

Entrants earn the number of Cup points earned by their team of drivers each race. If any race is cancelled, no points will be awarded for that race. If an Entrant who participated in an immediately preceding race fails to select a team by the Race Entry Deadline, the Entrant's team for that race will be automatically selected by the game computer system and will include the lowest ranked driver in each driver category.

The player with the most points after each race will be the �Round Winner� for that particular race. The player with the second-most points after each race will be the �Round Runner-Up� for that particular race. The player with the most cumulative points at the end of the first 26 races of the Regular Season will be the �Regular Season Grand Prize Winner�. Odds of winning are determined by and depend upon both each Entrant�s knowledge and skill of racing and drivers and the total number of eligible entries received. A total of twenty-six (26) Round Prizes and twenty-six (26) Round Runner-Up Prizes will be awarded. The player with the highest cumulative point total at the end of the contest will be, upon confirmation of eligibility and execution of requested eligibility and release documents, the Grand Prize Winner. A total of one (1) Grand Prize will be awarded.

During the Championship Challenge:

Entrants earn two (2) times the number of Cup points earned by their selected Champion Driver each race plus the number of Cup points earned by their remaining team of three (3) drivers each race. If an Entrant who participated in the immediately preceding race (during the Championship Challenge) fails to select a team by the Race Entry Deadline, the Entrant will receive the lowest number of points earned by the lowest ranking of the three Chase drivers.

The player with the most points after each race will be the �Round Winner� for that particular race. The player with the second-most points after each race will be the �Round Runner-Up� for that particular race. The player with the most cumulative points at the end of the 10 Championship Challenge races will be the �Championship Challenge Grand Prize Winner�. Odds of winning are determined by and depend upon both each Entrant�s knowledge and skill of racing and drivers and the total number of eligible entries received. A total of ten (10) Round Prizes and ten (10) Round Runner-Up Prizes will be awarded. The player with the highest cumulative point total at the end of the contest will be, upon confirmation of eligibility and execution of requested eligibility and release documents, the Grand Prize Winner. A total of one (1) Grand Prize will be awarded.

To cancel Entrant participation in the game, the Entrant is required to send an email to fantasyracing@athlonsports.com, requesting that he/she be removed. All of Entrant�s points earned will then be forfeited.

6. TIE-BREAKING PROCESS: In the event of a tie between two Entrants, the tie will be broken based on the Average Speed selected by those Entrants. The Entrant that selected the closest Average Speed to the actual average speed of the race will be selected as the Winner. If Entrants remain tied after the application of the Average Speed variable (as in the case of duplicate entries), the Winner will be determined by the earliest date and time of entry. Athlon Sports and the Sponsor reserve the right to award equal prizes to all tied Entrants where the sum total of all prizes awarded is equal to the approximate retail value (�ARV�) of the prize designated for that particular prize. In all cases, an entry that does not win a tiebreaker is eliminated from consideration. In the event of a tie for the Grand Prize, the same tie-breaking rules shall apply.

7. PRIZES: The following prize schedule will be used for Swisher Fantasy Racing:
For the Regular Season:

One Grand Prize:

One (1) Grand Prize Winner will be awarded a trip to participate in the �Qualifier Program� at one of the Jeff Gordon Racing tracks (based on availability) to include airfare, a car ride for winner and guest, rental car stipend, 2 nights� hotel accommodations and $100.00 spending cash. ARV: $3,200.00 (depending upon winner�s point of travel origin). Trip is subject to availability and blackout dates. All travel must be completed by December 31, 2009. Winner�s guest must be 21 years of age or older at the time of travel. 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.

Twenty-six (26) Round Winner Prizes (one for each Round):

Round Winners will receive: A NASCAR hat and t-shirt featuring winners� driver of choice. ARV: $72.00.

Twenty-six (26) Round Runner-Up Prizes (one for each Round):

Round Runners-Up will receive: A swishersports.com t-shirt. ARV: $20.00.

For the Championship Challenge � Ten (10) Races:

One Grand Prize:

One (1) Grand Prize Winner will be awarded a flat-panel, widescreen HDTV. ARV: $2,500.00.

Ten (10) Round Winner Prizes (one for each Round):

Round Winners will receive: A NASCAR hat and t-shirt featuring winners� driver of choice. ARV: $72.00.

Ten (10) Round Runner-Up Prizes (one for each Round):

Round Runners-Up will receive: A swishersports.com t-shirt. ARV: $20.00.

The total ARV of all Prizes is $9,012.00. 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 (including any taxes) 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 said prize, any and all costs of redemption or travel to redeem said prize, and any and all liability that might arise from redeeming or seeking said prize. The ARV of the prizes set forth above represents Sponsor�s and/or Athlon Sports' good- faith determination of the retail value thereof.

8. PRIZE AWARDING: ALL PRIZES WILL BE AWARDED. Winners will be initially identified, subject to eligibility, on or about seven (7) business days following each week�s race, 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 Sport�s discretion, on or about fourteen (14) business days following each week�s games (�Notification�). The complete identification of all winning Entrants shall be posted on the �STANDINGS� page of the Site and available for viewing no later than December 16, 2008 or by sending written request in a stamped, self-addressed envelope for receipt no later than January 31st, 2009 to: Swisher Fantasy Racing, Athlon Sports Communications, Inc., 220 25th 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 the winner no later than fifteen (15) days following Athlon Sport�s confirmation of Notification. In the event of a dispute as to the identity of a winner, the individual who was, at the time of entry, at Athlon Sports� sole discretion, the registered holder of the email account used to enter the Game, will be deemed the eligible Entrant. It is the sole responsibility of the Entrant to promptly notify the Sponsor during the Promotion Period if his/her email address changes. No transfer or assignment of any prize is permitted. No substitution of any prize will be permitted, except that Sponsor and /or Athlon Sports reserves the right, at its sole discretion, to substitute any prize with either the cash value of the applicable prize that would otherwise have been awarded, or a prize or prizes of equal or greater value, in the event that such prize is unavailable. 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 void 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 void where prohibited by law). If the Game is terminated prior to schedule as the result of forces beyond Sponsor�s or Athlon Sports� control, Sponsor reserves the right to award any prizes, including any Grand Prizes, to those individuals having the highest standing at the time of termination.

9. DISQUALIFICATION: 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" Entrant) is strictly prohibited. Neither Athlon Sports nor any 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, or other error of any kind whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of this Game, as solely determined by Athlon Sports and/or the Sponsor, will be disqualified. If disqualified for any of the above abuses, Athlon Sports reserves the right to terminate such person's eligibility to participate in this Game and future contests sponsored by Athlon Sports. Entrants further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon Sports from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. Any attempt to damage any website of Athlon Sports and/or the Sponsors, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules as well as criminal and civil laws. Athlon Sports reserves the right to seek remedies and damages from any responsible individual 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 reserves the right to modify, suspend or terminate the Game. In no event will more prizes be awarded than those listed above in paragraph 7.

10. LIMITATION OF LIABILITY: By registering for and participating in the Game, Entrants agree (a) to these Official Rules, and the decisions of Athlon Sports, the Sponsor and the judges, which shall be binding and final in all respects, and Sponsor�s and/or Athlon Sport�s privacy policy and terms and conditions; (b) to release the Sponsor and Athlon Sports from all liability, loss or damage arising out of participation in the Game and with respect to 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) acknowledge that neither Athlon Sports nor the Sponsors make 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, the 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 the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or arising out of participation in this Game, 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, 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.

11. COMMUNICATIONS: Any information Entrants provide to Athlon Sports and the Sponsor will be used to communicate with the Entrant in relation to this Game. Athlon Sports and/or the Sponsor may also share this information with third parties who are participating in the Game. Athlon Sports will collect and use personal data in accordance with its privacy policy available for review at www.athlonsports.com.

12. GENERAL INFORMATION: Athlon Sports reserves the right to modify the Official Rules for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how winners are determined, including in the event of unanticipated events leading to unexpected tied Entrants, 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 or force majeure events affecting the schedule(s) of Rounds or entry deadlines, Athlon Sports reserves the right to nullify or modify any Round or its identified timing and/or schedule and/or, in their sole discretion, to implement substitute Rounds, schedules, or portions thereof, solely for purposes of determining winning Entrants on an equal basis and without unfairly disqualifying otherwise eligible Entrants from winning prizes. Neither Athlon Sports nor Sponsor is affiliated with, endorsed by, or licensed by, any of the drivers, racing bodies, driver or race sponsors or Entrants identified in connection with this Game, and none are a sponsor of or associated with the Game in any way. Driver, race and other associated names are the trademarks of their respective owners and are used for factual, descriptive purposes only. All trademarks, logos and images pertaining to any of the above contained within the Site are the property of their respective owners. The Site is intended for informational and entertainment use only. 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 Entrant 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 By: Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203.

The Game and all accompanying materials are � 2008 Athlon Sports Communications, Inc. All rights reserved.

Official Contest Rules