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1) ELIGIBILITY; ACCEPT TERMS AND CONDITIONS; NO PRIZES. ESPN Fantasy Stock Car 2009 (the "Promotion") is open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico, Guam and other U.S and Foreign Territories), who are thirteen (13) years of age or older as of the date of entry and who are registered members of ESPN.com. Registration is free and is further described below. Participation constitutes entrant's full and unconditional agreement to these terms and conditions (collectively, the "Terms") and to Sponsor's decisions. The decisions of the Sponsor in regards to all matters of the Promotion are final and binding. PARTICIPATION IN THE PROMOTION IS FOR ENTERTAINMENT PURPOSES ONLY; NO PRIZES WILL BE AWARDED IN CONNECTION WITH THE PROMOTION.
2) SPONSOR; PROMOTERS. This Promotion is sponsored by ESPN/Starwave Partners d/b/a ESPN Internet Ventures (the "Sponsor"). To the extent any advertisers are associated with the Promotion, each such advertiser shall be deemed a "Promoter" for purposes of these Terms.
3) ENTRY PAGE. To access the Promotion, log-on to Fantasy Stock Car Frontpage.
4) ESPN.COM REGISTRATION. To play the Promotion, you must be a registered member of ESPN.com (or one of Sponsor's affiliated websites, e.g., ABC.com, ABCNews.com, DisneyOnline.com, EXPN.com and Family.com). Registration is free.
5) NOT YET A MEMBER. You may register by clicking on the applicable link on the entry page for the Promotion, and following the instructions. You will be asked to provide your name, e-mail address, zip code, birth date, gender and to select a password. You will also be asked if you wish to receive promotional emails or offers. You do not need to consent to receive these emails or offers in order to become a member. Even if you consent, you may subsequently opt-out of receiving such emails or offers by clicking on the member services link on any ESPN.com Fantasy Game page, then clicking on the Change Account Information link and following the instructions.
i) Already a Member. If you are already a member (or if you are a member of one of Sponsor's affiliated websites), then you do not need to register again. You may enter the Promotion by logging in on ESPN.com with your current username and password.
ii) Survey Questions or Promotional Email. You may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. You are not required to answer questions or to give consent to receive such emails or offers in order to be eligible to play in the Promotion.
iii) Password. You are responsible for the secrecy of your password. Sponsor, Promoters and other third parties are not responsible or liable for any actions taken using your password.
6) TIMING. The Promotion begins on Tuesday, January 13, 2009 and ends on the final day of the Sprint Cup season (currently Sunday, November 22, 2009) (the "Promotion Period"). The deadline to join the Promotion's full season game is 5:00 pm on Saturday, February 28, 2009. The final draft day for the Promotion will be Saturday, February 28, 2009 (subject to extension at sponsor's sole discretion). For purposes of these Terms, all times are Eastern Time ("ET").
7) HOW TO ENTER.
a) Enter Online. Log on to Fantasy Stock Car front page during the Promotion Period.
b) No Entry Fee to Play. No entry or other fee is required to participate in the Promotion. Leagues may be standard or custom leagues (collectively, the "Leagues"). No prizes will be awarded in connection with any Leagues. You can start preparing your leagues and teams on Tuesday, January 13, 2009 (point accumulation will not begin until the Promotion Period begins).
c) Multiple Entries Allowed. More than one (1) entry is allowed per Fantasy Stock Car account, provided that you don't own more than one (1) team in a single league.
d) Mechanics of entry. Only entries received online in accordance with these Terms will be accepted. No other forms of entry - fax, mail, email, phone or other - will be accepted.
e) Void. Entry materials/data that have been tampered with or altered are void.
f) Change of Email Address. It is the sole responsibility of the entrant to notify the Sponsor during the Promotion Period if his or her e-mail address has changed. To do so, click on the member services link on any ESPN.com page fantasy game page, then click on the Change Account Information link and follow the instructions.
g) Entry Errors. Neither Sponsor nor Promoters are responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
h) Neither Sponsor nor Promoters are responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information.
i) No Return of Entries; Disputes. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder, i.e., natural person, of the email address used to register will be deemed to be the registrant.
j) Entrants may cancel their team up until the time their team is drafted. Sponsor will terminate entrant's account upon notice from entrant.
8) HOW TO PLAY. The goal is to score the most points by owning and starting the best roster of drivers over the thirty-six (36) week NASCAR Sprint Cup season. Only the final official NASCAR Sprint Cup race counts each week (qualifying races do not count), for a total of thirty-six (36) races throughout the Promotion Period. Note: Neither the Budweiser Shootout (Feb 7) nor the NASCAR Sprint Cup All-Star Race (5/16) count towards standings.
a) Getting Started - Join or create a league with a set number of "Team Owners" who are real life players like you. You can choose to create/compete in a standard or custom League. You and your fellow team owners can participate in a mock draft to practice your draft strategy, followed by a live draft to fill your fantasy roster with NASCAR drivers. Throughout the Promotion Period, you will set your line-up weekly; based on how well you think your drivers will perform.
b) Rosters - Team rosters will consist of a total of three (3) drivers. There are four (2) starting driver positions on the active roster. The bench has only one (1) position for an "inactive" driver.
c) Scoring - Points are earned based on the following criteria:
The statistics your drivers generate in their actual races are collected and fantasy points are awarded based on your team's performance. These points determine a weekly winner between your league's teams.
ESPN uses standard settings for all standard Leagues. Entrants who create custom Leagues can adjust these settings any way they would like.
See the "How To Play" section for a detailed run-down of how to play. (The "How to Play" section is incorporated in these Terms.)
9) CONDITIONS OF PARTICIPATION.
a) Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Terms, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
b) Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Promotion if, in the Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Promotion, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). In the event that the NASCAR Sprint Cup season is postponed, terminated early, or cancelled for any reason (such as a strike or lockout), Sponsor reserves the right to make any adjustments to the Promotion (including, without limitation, to cancel, modify or suspend the Promotion) at its discretion.
c) Release. By participating in this Promotion, entrants agree to release and to indemnify and hold harmless Sponsor, Promoters, and each of their respective related companies, and all of their respective officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities).
10) GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling.
11) LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses or other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Promotion; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion, access to, copying or downloading materials from ESPN.com or any other website.
12) DISPUTES/CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York county, New York state, i.e., Manhattan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law, without reference to New York's choice of law rules, governs the Promotion and all aspects related thereto.
14) TERMS. For a copy of the Terms, mail a self-addressed stamped envelope to the address below (Residents of VT may omit return postage). Requests must be received within thirty (30) days following the end of the Promotion (i.e., by Tuesday, December 22, 2009).
ESPN Fantasy Stock Car 2009 c/o ESPN Internet Venture Marketing Department 19 East 34th Street, 6th Floor New York, NY 10016.
15) ADDRESS; COPYRIGHT. Sponsor's address is 19 East 34th Street, 6th Floor, New York, NY 10016. The Promotion and all accompanying materials are the copyright of ESPN Internet Venture. © 2009 ESPN Internet Venture. All rights reserved.