Athlon/Swisher Fantasy RacingChallenge Game 2010/Rules (00078074).DOC

SWISHER FANTASY RACING

2010 Official Game Rules

1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN: This fantasy racing game ("Game") begins at 12:00:01 AM Eastern Time on January 25, 2010 and continues through 36 rounds of fantasy racing play ("Rounds"), ending at midnight Eastern Time on November 21, 2010 ("Game Period"). All references to time in these provisions are Eastern Standard Time. The Game is designed solely as a skill and knowledge-based, non-gambling promotional program ("Promotion") and is only intended for the entertainment and enjoyment of the participants. The Promotion begins with the start of registration at 12:00:01 AM Eastern Time on January 25, 2010 and continues through the end of the "viewing period" of posted winning participants ("Winners") at midnight Eastern Time on December 12, 2010 ("Promotion Period"). From all eligible entries received, Winners will be identified according to the process set out in paragraph 4 below. Every participant's likelihood of winning is based solely on one's knowledge, ability and skill in evaluating and selecting winning race car drivers, assembling those drivers into teams to accumulate the most points in the Game during the 2010 racing season, and accurately predicting an average speed prediction during each Round of the Game. Participation in the Game is described, regulated and clarified by and wholly subject to the provisions of these official rules ("Official Rules").

2. ELIGIBILITY: The Game is open to individuals (only individuals may register and enter) legally residing, for purposes of all applicable state and federal tax laws, in one of the fifty (50) United States or the District of Columbia (excluding Delaware, New Jersey, Maryland, Virginia, 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 start of the Game Period and have the ability to enter into valid contracts in their personal jurisdiction of residence. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and directors of Athlon Sports Communications, Inc. ("Athlon") and Swisher International, Inc. ("Sponsor") and each of their respective affiliates, subsidiaries, wholesalers, retailers, advertising and promotional agencies, officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent or so-called "step" or "half' variations of any of the preceding individuals), and those living in their same households are ineligible to play, win or collect prizes in the Game. Only individuals meeting all eligibility requirements and correctly registering for the Game as set out in paragraph 3 below may participate in the Game ("Players"). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player's participation in the Game constitutes and is deemed Player's agreement to the Official Rules and any and all decisions of Athlon and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

3. HOW TO REGISTER: Beginning 12:00:01 AM Eastern Time on January 25, 2010, and throughout the Game Period, Players will log on to www.swishersports.com ("Site") and follow the instructions for registration and access to the Site. During registration, Player will provide the requested information, including Player's name, e-mail address, physical address, and telephone number and the selection of a display name for playing the game during subsequent visits. Following registration, Players will follow the instructions in the Official Entry Form. Player may also be asked to consent to receive promotional e-mails. Consenting to receive promotional e-mails is optional and refusal to consent will not render any Player ineligible to play the Game or win prizes or affect or reduce any Player's chances of winning. Each individual Player may only register once.

4. HOW TO PLAY/ACCRUE POINTS & PRIZES: The Swisher Fantasy Racing Game consists of thirty-six (36) Rounds of play in two (2) sections. There are twenty-six (26) Rounds in the first section of the Game ("Regular Season"), corresponding to the first 26 races of the "Cup" season (excluding any so-called "All- Star" and/or special event races) in which drivers earn points towards the Cup. There are ten (10) races in the second section of the Game, corresponding to those races in which racing's governing body will select 10 or more drivers to compete for that season's championship ("Championship Challenge").

Round	Date	Race Location
1	02/14/10	Daytona International Speedway
2	02/21/10	Auto Club Speedway
3	02/28/10	Las Vegas Motor Speedway
4	03/0710	Atlanta Motor Speedway
5	03/21/10	Bristol Motor Speedway
6	03/28/10	Martinsville Speedway
7	04/10/10	Phoenix International Raceway
8	04/18/10	Texas Motor Speedway
9	04/25/10	Talladega Superspeedway
10	05/01/10	Richmond International Raceway
11	05/08/10	Darlington Raceway
12	05/16/10	Dover International Speedway
13	05/30/10	Lowe's Motor Speedway
14	06/06/10	Pocono Raceway
15	06/13/10	Michigan International Speedway
16	06/20/10	Infineon Raceway
17	06/27/10	New Hampshire Motor Speedway
18	07/03/10	Daytona International Speedway
19	07/10/10	Chicagoland Speedway
20	07/25/10	Indianapolis Motor Speedway
21	08/01/10	Pocono Raceway
22	08/08/10	Watkins Glen International
23	08/15/10	Michigan International Speedway
24	08/21/10	Bristol Motor Speedway
25	09/05/10	Atlanta Motor Speedway
26	09/11/10	Richmond International Raceway
Round	Date	Race Location
1	09/19/10	New Hampshire Motor Speedway
2	09/26/10	Dover International Speedway
3	10/03/10	Kansas Speedway
4	10/10/10	Auto Club Speedway
5	10/16/10	Lowe's Motor Speedway
6	10/24/10	Martinsville Speedway
7	10/31/10	Talladega Superspeedway
8	11/07/10	Texas Motor Speedway
9	11/14/10	Phoenix International Raceway
10	11/21/10	Homestead-Miami Speedway

During each Round of the twenty-six (26) Rounds of the Regular Season (tentatively scheduled as set out in the chart above), Player will be provided with a list of thirty (30) professional race car drivers ("Available Drivers"). The list of Available Drivers will be arranged in five (5) groups of six (6) Available Drivers each. Within each group, each Available Driver has been previously assigned, in ascending order, a number of points of between one (1) and six (6), based on that Available Driver's relative value, as against the value of the other five (5) Available Drivers in the same group ("Point Value"). Player will complete an entry for each Round of the Regular Season ("entry" or "entries") by: (i) selecting one (1) driver from each of the five (5) presented groups of Available Drivers ("Team"), in each case trying to select the driver that will earn the highest number of official points in that Round's upcoming Race. (a) One Available Driver must be selected from each of the five (5) groups; and, (b) Player's "Team Value Total" (defined as the sum of the Point Values of all Available Drivers in Player's Team in a single Round) must not exceed a cap of twenty-three (23) points; and, (ii) evaluating and predicting "Average Speed" for all drivers competing in the race in each Round and entering the Average Speed where indicated.

During each of the ten (10) Rounds of the Championship Challenge, Player will be provided with a list of (i) those eligible drivers qualifying for the Championship Challenge ("Chase Drivers"); and (ii) three (3) additional groups of six (6) drivers each ("Fill Drivers"). Each Chase Driver has been previously assigned a Point Value of between seven (7) and twelve (12), based on that Chase Driver's relative value, as against the value of the other Chase Drivers in the same group. Each Fill Driver has been previously assigned a Point Value of between one (1) and six (6), based on that Fill Driver's relative value, as against the value of the other five (5) Fill Drivers in the same group. Player will complete an entry for each Round of the Championship Challenge by: (i) selecting a "Championship Challenge Team" of five (5) drivers, in each case trying to select the drivers that will earn the highest number of official points in that Round's upcoming Race. Player's Championship Challenge Team: (a) must consist of two (2) drivers from the group of Chase Drivers and one (1) driver from each of the three (3) groups of Fill Drivers (Player may change Fill Drivers at any time prior to the Round Entry Deadline); and, (b) Player's Championship Team Value Total must not exceed a cap of thirty (30) points; and (ii) evaluating and predicting "Average Speed" for all drivers competing in the race in each Round and entering the Average Speed where indicated.

Entries for each Round must be submitted electronically no later than thirty (30) minutes prior to the official scheduled start time of each race for each Round ("Round Entry Deadline"). Entries containing a Team Value Total exceeding thirty (30) points will be disqualified. Disqualified entries may be revised and re-submitted at any time prior to the Round Entry Deadline. If a Player fails to submit an entry by the Round Entry Deadline, 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 are defined as "those specific drivers not assigned to any other selectable group and reflected in the Last Five Out chart as of the time immediately subsequent to the Round Entry Deadline, and who, on a scale of 1 through 35 (where 1 is the best and 35 is the worst), are rated 31 through 35 for the upcoming race." Each Player will be entitled to receive three (3) Auto-Pick Team during the Regular Season and one (1) additional Auto-Pick Team during the Championship Challenge.

Players may submit only one (1) entry for each Round. Additional entries from any individual, using different e-mail addresses or any other system of multiple entries, will be disqualified. Lost, late, illegible, incomplete or misdirected entries are not eligible. All Point Value assignments are made by Athlon in its sole discretion, independent of any third party advice, recommendation, or influence.

Determining Winners: During the Regular Season, Players will earn that number of points that are equal to the total number of points earned by and credited to all drivers on Player's Team in each Round, according to the official published results as of the end of the race, for each individual race in the Regular Season. During the Championship Challenge, Players will earn (i) that number of points that are equal to two (2) times the total number of points earned by and credited to all of Player's Chase Drivers on Player's Championship Challenge Team in each Round; and (ii) the total number of points earned by and credited to all of Player's Fill Drivers on Player's Championship Challenge Team in each Round. No points will be awarded for cancelled Rounds. Players who do not submit an entry for a particular Round will not be eligible to win prizes for that Round, regardless of whether Player was assigned an Auto-Pick Team.

The Grand Prize Winners are those Players earning the highest cumulative number of points for all Rounds as of the end of the final Round of the Game. The 1^st through 6^th place Round Winners are those Players with the highest descending cumulative number of overall points in the particular Round. Tie-Breaking Procedure: (i) In the event of a tie between Players at the end of the Game, the Winner will be that Player whose Average Speed Prediction is closest to the actual average speed of the race within the last Round in which Player submitted a valid entry ("Final Round"); (ii) 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; and, (iii) 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 either Round entry or Final Round entry reflects the earliest time and date of e-mail submission, as reflected by the Athlon email database. Athlon reserves the right to award equal prizes to any tied Players as long as the sum total of all prizes awarded is equal to the approximate retail value ("ARV") of the prize designated for that prize.

PRIZE SCHEDULE

REGULAR SEASON

GRAND PRIZE PRIZE DESCRIPTION ARV

Trip package for two (2) to the Richard Petty Driving Experience at the track of Winner's choice ("Destination City"). Trip includes round-trip coach class airfare for two (2) from a commercial airport near Winner's residence, rental car / fuel stipend for use in Destination City, two (2) nights standard hotel accommodations (double occupancy), daily hotel breakfast, one (1) Richard Petty Driving Experience of a Lifetime for Winner and one (1) Ride-Along package for Winner's guest, $250.00 additional spending cash and racing collectible welcome gift. All other meals, gratuities, transportation and other expenses not specified are the sole responsibility of Winner. All amounts reflected as dollar credits, gift cards or cash awards are not intended as "per person allocations" and are payable once and only to Winner. Trip is subject to availability and blackout dates. All travel must be completed by December 31, 2011. Winner and his/her guest must travel together and sign any provided and appropriate risk waivers and hold-harmless releases no later than five (5) days prior to departure or forfeit the prize.

$4,400.00

CHASE SEASON

GRAND PRIZE PRIZE DESCRIPTION ARV

$4,400.00

ROUND PRIZES

1^ST PLACE PRIZE DESCRIPTION ARV

Rounds 1 - 36

"Three Pack" of fan favorite merchandise, including 1:64 die-cast car, t-shirt and hat from the driver of Winner's choice

$100.00

2^ND through 6^th PLACE PRIZE DESCRIPTION ARV

Rounds 1 - 36

Swishersports.com t-shirt

$25.00

5. ABILITY TO WIN: The Game is a game of skill. Each Player's ability to win depends solely on (1) his/her knowledge of the sport of racing and racing history; (2) his/her knowledge of the strengths and weaknesses and both historical and recent performance of competing drivers; (3) his/her skill and ability to apply his/her knowledge of the above in accurately identifying which drivers will win when placed in specific competition with other drivers; (4) his/her skill in assessing an individual driver's effectiveness in a specific race and statistically analyze and predict with accuracy the total number of combined points likely to be accrued by drivers in a given race; (5) his/her skill in assessing an individual racer's effectiveness in a specific race and statistically analyzing and predicting with some accuracy the average speed likely to be achieved by drivers in a given race; and, (6) the number of eligible Players playing 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. Gift cards may be subject to reasonable restrictions, the details of which will be found on the card or at such alternative location as Winner is directed. 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. It is the responsibility of Winner to make all necessary arrangements to redeem the prize, including any costs of travel, unless otherwise agreed by Athlon to deliver prize to Winner following identification of Winner and confirmation of eligibility. Any stated ARVs of prizes represent Athlon's good-faith determination of the retail value of the prize. All Winners will be initially identified, subject to eligibility, no later than on or about seven (7) business days following the date of the last race in the last Round ("Effective Date"), by Athlon or its agent, the judge of the Game, whose decisions are final and binding. Winners will be notified by express mail and/or email, at Athlon's discretion, on or about fourteen (14) business days following the Effective Date ("Notification"). The complete identification of the names 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 Athlon 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 Athlon. All prizes must be redeemed by each Winner no later than thirty (30) days following Athlon'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's 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 Athlon during the Promotion Period if his/her email address changes. The sale, re-sale, auction, transfer or assignment of any travel, ticket, event, gift card, autographed, branded or promotional merchandise prize or any prize intended to be personal to the recipient or the advertising of same in any way is strictly prohibited and any Player or Winner found to have engaged in such activity will be immediately disqualified and his/her prizes will be forfeited. 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 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 may be required to sign an affidavit of eligibility and liability release within five (5) days of Athlon'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's receipt of the Notice of Termination as reflected by Athlon's e-mail server ("Termination"). Upon Termination, Player may not participate in the Game and any points accrued by Player will be forfeited. The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/game subscription, notification, entry or like sites or service that offers Game entry services "on behalf of" Player) is strictly prohibited. Neither Athlon nor Sponsor is responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, other error of any kind whether human, mechanical or electronic problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, or software, failure of any e-mail or entry to be received for any reason, traffic congestion on the internet or at any website, or any other technical problems related to website entries or any combination of the foregoing, including any injury or damage to a Player's or any other person's computer. Persons found tampering with, hacking, illegally registering for or abusing any aspect of the Game will be immediately disqualified, in Athlon's sole discretion. If disqualified for any of the above abuses, Athlon will immediately terminate that Player's participation in the Game and future contests by Athlon and Player will be ineligible to win or collect any prizes and must return any previously received prizes awarded in connection with the Game upon Athlon's or Sponsor's request. Players further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon from pursuing any remedies legally available in connection with such conduct. Any violation set out in this paragraph or other attempt to damage any website of Athlon and/or Sponsor, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules, as well as any and all applicable criminal and civil laws. Athlon reserves the right to seek remedies and damages from any Players or individuals acting in concert with any Player to the fullest extent permitted by law. In the event any portion of this Game is compromised by any virus, bugs, non-authorized human intervention or other causes beyond the control of Athlon, which, in the sole opinion of Athlon, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon reserves the right to modify, suspend or terminate the Game and shall thereafter have no responsibility to reinstate the Game or award any prizes.

8. LIMITATION OF LIABILITY: By registering for and participating in the Game, Players agree: (a) to comply with the Official Rules and the decisions of Athlon and the judges, which shall be binding and final in all respects; (b) to comply with Athlon's privacy policy and terms and conditions; (b) to release Sponsor and Athlon from all liability, loss or damage arising out of any participation in the Game or in connection with the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Athlon by mail, telephone and/or email; and (d) that he/she acknowledges that neither Athlon nor Sponsor makes any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, and disclaim all liability for the provision, quality or nature of any third-party products or services provided to Winners. By registering for and participating in the Game, Players and/or Winners release Athlon and Sponsor, their respective officers, directors, employees, parent companies, affiliates, subsidiaries, wholesalers, retailers, 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 personal injury, death and/or property damage, as well as any claims based on publicity rights, violations of protected speech rights or invasion of privacy) 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.

9. PLAYER, GAME AND SITE INFORMATION AND CONTENT: Any information provided to Athlon and Sponsor by a Player, including Players' names, addresses, telephone numbers and e-mail addresses will be used to administer the Game, communicate with Players in relation to the Game, for purposes of fulfilling any applicable prizes, providing necessary notice, or in connection with other appropriate purposes. Limited to the purposes outlined herein, Athlon will collect, use, and protect personal data in accordance with Sponsor's privacy policy, available for review at www.swishersports.com. Any personal information provided by a Player for the benefit of other Players, including Player's name, address, telephone numbers and e-mail address will be disclosed at the Player's own risk and neither Athlon nor Sponsor shall have any liability in connection therewith. All data is proprietary to Sponsor and/or Athlon and will not be provided to unrelated third parties or returned to Player. Players are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no on-line site or activity is completely impervious to outside intervention or activity regardless of the level of security employed by Athlon and that such information may be accessible to third parties. No Player will engage in the posting or blogging of false, harmful, offensive, violent, obscene, hurtful or potentially damaging language of any kind or at any time, understanding that such language may violate public, private, federal, state or local rights or laws governing speech, activity disguised as speech and/or any related public or personal interest, including each Player's right to play the Game without harassment or disregard for the rights and values embodied in the Communications Decency Act and both common law and federally and state-enacted legislation against violations of the Lanham Act, slander, libel, defamation, hate speech, and gross and intentional disregard for the feelings of others or oneself ("Protected Speech Rights"). No Player may attempt to attach any link, ancillary portal or sub-site or upload or otherwise display any content on the Site or within the Game without the express written permission of Athlon and Sponsor, which may be withheld for any reason. Neither Athlon nor Sponsor is affiliated with, endorsed by, or licensed by, any of the drivers, cars, leagues, tracks or their sponsors, professional or trade associations, organizations, including those organizations referred to or identified by " NASCAR" or any other entity, award, honor or individual identified in the Game or its promotional materials and none are a sponsor of or associated with the Game in any way. Any of their names, brands, identifying terms and/or designations, including any embedded or associated trademarks, service marks, design marks, trade dress, 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 only to reference the person, thing or event being discussed in context and for acceptable, valid, and appropriate factual, descriptive, identification and non-trademark purposes only and Athlon and Sponsor are not owners of nor have any interest in the Third Party Materials, including as a licensee. The Site is intended for informational and entertainment use only. Any and all software, platforms, page or menu organization, components, content, play mechanisms, proprietary functionality, graphic or text materials, trademarks, service marks, brands, logos, slogans, names, music, photos, videos, sounds or any other materials in or on the Game or the Site that are not Third Party Materials or owned by Sponsor ("Protected Materials"), including all acquired goodwill and market recognition associated with the Protected Materials are the exclusive, valuable intellectual property of Athlon, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Athlon. Any and all graphic or text materials, trademarks, service marks, brands, logos, slogans, names, or any other materials in or on the Game or the Site that are owned by Sponsor ("Sponsor Materials"), including all acquired goodwill and market recognition associated with the Sponsor Materials are the exclusive, valuable intellectual property of Sponsor, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Sponsor.

10. GENERAL INFORMATION: Athlon reserves the right to modify the Official Rules at any time for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, how tie-breaking procedures are applied, how unanticipated ties are resolved, and what prizes will be awarded. Any changes to the Official Rules will be reasonably made with the intention of not materially affecting the terms and conditions of the Game. In the event of inadvertent computer or operator error, the illegal or inappropriate activity of any Player, the unanticipated application, failure or effect of Game mechanisms of play or individual components, software or hardware, or force majeure events affecting the schedule(s) of registration, Player entry, Round or entry deadlines, the determination or notification of Winners, the application of tie-breaking procedures, or the awarding of prizes, Athlon reserves the right to modify, revise, add-to, nullify or utilize only in part the stated timing, commencement or termination of any Round, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute Rounds, 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 Athlon 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.

Presented By: Swisher International, Inc.