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UPICKEM PRO FOOTBALL CONTEST OFFICIAL RULES
Click here to view the UPICKEM Terms of Service
Click here to view the UPICKEM Privacy Policy
NO PURCHASE NECESSARY.
These Official Rules are for the UPICKEM Football Contest which is a nationwide contest sponsored by Second Street Media Inc. (“Sponsor”). EarthLink, Inc. (“EarthLink”) is one of Sponsor’s promotional partners for this contest. By participating in the EarthLink version of this contest, you also will be eligible for prizes provided by both Sponsor and EarthLink to winning participants.
The first part of the Official Rules, Sections 1-8, contain the general Official Rules. The second part of the Official Rules, (Sections 9-13, contain the list of prizes provided by EarthLink.
This Contest is not intended to be used for gambling purposes. If it is determined that a participant is using the Contest for gambling purposes, he/she will be disqualified.
1. ELIGIBILITY: This Contest is open to legal residents of the United States who are 18 years of age or older at the time of entry. Employees of Sponsor and members of the immediate family (spouse, parent, child, sibling and their respective spouse) and households of each such employee are not eligible to participate. This contest is void in Rhode Island and elsewhere prohibited by law.
2. HOW TO PLAY: Select the team that you will believe will be the winner of each pro football regular season and playoff game and predict the score for the winning and losing team for designated the tie-breaker game. You may enter your picks and score predictions until fifteen (15) minutes before the start of each game. If you fail to select a winner for any game, your pick will be the team that was selected by the majority of participants. However, you are not eligible to win a weekly prize if you fail to select a winner for more than one game in a given week, and you are not eligible to win the grand prize unless you complete your picks for each game for at least 11 weeks. The point value for selecting the winner of each game is as follows:
Regular Season Games – 1 point
Wild Card and Divisional Playoff Game – 4 points
Conference Finals – 8 points
Championship Game – 16 points
If a game is canceled, postponed or forfeited for any reason, or if a game ends in a tie, no points will be awarded for that game.
The participant with the most points for each week of the pro football regular season will be deemed a weekly prize winner. The participant with the highest total “net score” at the end of the season will be deemed the grand prize winner. A participant’s total “net score” will be determined by subtracting the participant’s four (4) lowest weekly scores from his/her total score for all 21 weeks of the season and playoffs.
In the event of a tie for a weekly prize, the tie breaker will be set forth as follows from among all tied participants: (a) the score from the winning team will be subtracted from the actual score obtained by the winning team, and the difference multiplied by itself, (b) the Score from the losing team will be subtracted from the actual score obtained by the losing team, and the difference is multiplied by itself, (c) the result in (a) is added to the result in (b) to obtain the “Score Approximation.” The participant with the lowest “Score Approximation” will be deemed the winner. If a tie remains, the winner will be chosen at random from amongst those still tied. In the event of a tie for the grand prize, the participant with the lowest total “Score Approximation” for week 21, the championship game, will be declared the winner, then working back through the Score Approximations for each of the preceding weeks.
3. WINNER NOTIFICATION: Winners will be notified by Sponsor via email. All results posted are unofficial until winners are verified. If a winner does not respond within seven (7) days of the initial notification email, the prize will be forfeited and awarded to the next highest scoring participant. Prizes won by an eligible participant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Sponsor and EarthLink are not responsible for any change of email address, mailing address and/or telephone number of participants.
4. PRIZES FROM SPONSOR: Click here for the list of prizes provided by Sponsor and the approximate retail value of each prize. For prizes provided exclusively by EarthLink, please see Section 10 below.
Sponsor and EarthLink reserve the right to substitute any prize with another prize of equal or greater value. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor.
Sponsor and EarthLink do not make nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are provided only by the manufacturer, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. Each winner is responsible for all federal, state and local taxes and may be required to complete an IRS form W-9. Sponsor reserves the right to withhold prizes until completed form W-9 is received.
5. GENERAL CONDITIONS: A participant grants to Sponsor and EarthLink the right to use and publish his/her proper name and state online and in print, or any other media, in connection with the Contest. Participants agree (a) to release and hold Sponsor, EarthLink and all of their respective officers, directors, employees, representatives and agents from any and all liability for any injuries, losses or damages of any kind, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Contest; (b) that under no circumstances will participants be permitted to obtain awards for any punitive, incidental or consequential damages; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, will be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award will be limited to actual out-of- pocket costs incurred, excluding attorneys’ fees and court costs.
6. PRIVACY NOTICE: Information you provide in connection with this contest is subject to Sponsor’s Privacy Policy and will be shared with EarthLink.
7. LIMITATIONS OF LIABILITY: Sponsor and EarthLink are not responsible for Internet crashes or slowdowns caused by network congestion, viruses, sabotage, satellite failures, phone line failures, electrical outages, natural disasters or acts of man or God, lost, late, misdirected, postage-due, unintelligible, returned, undelivered entries or email, or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, or other connections availability, accessibility or traffic congestion, miscommunications, failed computer, network, telephone, satellite or cable hardware or software or lines, or technical failure, or jumbled, scrambled, delayed or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties, or other errors of any kind whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of this Contest or Website, or act in violation of the Official Rules, or act in any manner to threaten or abuse or harass any person, or violate Website’s terms of service, as solely determined by the Sponsor, will be disqualified. Neither Sponsor nor EarthLink are responsible for any incorrect or inaccurate information whether caused by Website users, tampering, hacking, or by any of the programming or equipment associated with or used in this Contest, and assumes no responsibility for any errors, omission, deletion, interruption or delay in operation or transmission or communication line failure, theft or destruction or unauthorized Website access. Any use of robotic, macro, automatic, programmed or like methods of play will void all such plays, and may subject that participant to disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her submissions) who tampers with the submission process. Neither Sponsor nor EarthLink are responsible for injury or damage to participant’s or any other person’s computer or property related to or resulting from participating in this Contest. Should any portion of Contest be, in the Sponsor’s sole opinion, compromised by virus, worms, bugs, unauthorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair administration, security, fairness or proper play of this Contest, or Contest plays, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest.
8. WINNERS: For a list of winners of the prizes provided by Sponsor, mail a self-addressed, stamped envelope to: Second Street Media, Inc., 317 N 11th Street, Suite 302, St. Louis, MO, 63101. Requests must be received by February 28,2012.
This contest is sponsored by Second Street Media, Inc., 317 N 11th Street, Suite 302, St. Louis, MO, 63101.
©2010 Second Street Media, Inc.
UPICKEM is a trademark of Second Street Media, Inc. The content, information, data, designs and code associated with the Contest website are protected by intellectual property and other laws. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
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9. PRIZES FROM EARTHLINK: In addition to the prizes offered by UPICKEM, individuals who register to participate through the EarthLink UPICKEM web site will be awarded prizes by EarthLink using the scoring system described in Section 2 (How to Play). Winners will be contacted via email. Sponsor and EarthLink are not responsible for any changes in the email addresses, mailing addresses and/or telephone numbers of participants.
• Grand Prize winners awarded to the five (5) individuals in the EarthLink UPCIKEM Pro Football Contest with the highest point total at the end of the season with that will include either (i) one (1) year of free Internet access for the EarthLink Dial-Up, EarthLink DSL, EarthLink Premium Mail, PeoplePC Dial-Up, or PeoplePC DSL service, or (ii) a $500 Visa gift card for EarthLink Cable subscribers.
• Five (5) Weekly Grand Prize winners of either (i)) one (1) month of free Internet access for the EarthLink Dial-up, EarthLink DSL, EarthLink Premium Mail, PeoplePC Dial-up service or PeoplePC DSL service, or (ii) a $50 Visa gift card for EarthLink Cable subscribers.
• Twenty-five (25) Weekly Prize winners of a $5 Starbucks gift card to the individuals with the next highest points total at the end of the week per contest.
10. RETAIL VALUE OF EARTHLINK PRIZES
• The approximate retail value (ARV) of each Grand Prize is $330 for those who win free Internet access and $500 for those who win a Visa gift card.
• The approximate retail value (ARV) of each Weekly Grand Prize is $28 for those who win free Internet access and $50 for those who win a Visa gift card.
• The approximate retail value (ARV) of each Weekly Prize is $5.
11. NOTIFICATION AND RECEIPT OF PRIZES. If you are a Grand Prize winner of one (1) year of free Internet access or a $500 Visa gift card, you will be required to complete and return to us an Affidavit of Eligibility and Release (that EarthLink will provide to you) within seven (7) calendar days of the date of the email notification of your winning a prize. If you do not return the signed Affidavit of Eligibility and Release within such seven (7) calendar day period, you will forfeit such Grand Prize.
12. REDEMPTION OF PRIZES. If you are a winner of free Internet access, EarthLink will credit your account for the amount of the prize. If your prize is a gift card, EarthLink will deliver the gift card to you via regular mail to the address on file in 3-4 weeks after the date you are notified via email that you are a winner. Winners who are not currently EarthLink or PeoplePC subscribers must activate their service by February 12, 2012 or they will forfeit their prize.
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