Game of the Month Official Rules
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. U.S. LAW AND LOCAL LAWS AS APPLICABLE IN EACH JURISDICTION GOVERN THIS GAME. VOID WHERE PROHIBITED BY LAW. 1. ELIGIBILITY: ESPN Arcade Game of the Month (the "Game") is open only to legal residents of the fifty (50) United States and Washington, D.C. who are thirteen (13) years or older as of the date of entry, and are registered members of ESPN.com. (Registration is free and is further described below. Employees of (i) ESPN, Inc. or its parent or affiliated companies, or (ii) any entity directly connected with the development, implementation or marketing of this Game, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible. This Game is void in all U.S. Territories (e.g., Guam and Puerto Rico) and where prohibited by law.
2. ACCEPT OFFICIAL RULES: Participation constitutes entrant's full and unconditional agreement to these official rules (the "Official Rules") and to Sponsor's (defined herein) decisions. The decisions of the Sponsor in regards to all matters of this Game are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. SPONSOR; ADDRESS: This Game is sponsored by ESPN Internet Ventures ("EIV" or the "Sponsor"), 77 West 66th Street, New York, NY 10023. Any and all advertisers associated with this Game are referred to in these Official Rules as "Presenters".
4. ENTRY PAGE: To access the Game, log-on to:http://espn.go.com/free-online-games/sports/_/gid/123/linebacker ESPN.COM REGISTRATION: To submit your score for the Game, you must be a registered member of ESPN.com (or one of Sponsor's affiliated websites, e.g., ABC.com, ABCNews.com, DisneyOnline.com and Family.com). Registration is free.
5. NOT YET A MEMBER: You may register to become a member of ESPN.com by visiting ESPN.com, and following the instructions. You will be asked to provide your name, e-mail address, zip code, birthdate, 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 "myESPN" link any ESPN.com page, then clicking on the Member Services link, then the Newsletters link and following the instructions. a. 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 Game by logging in on ESPN.com with your current username and password. b. 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 or win the Game. c. Password. You are responsible for the secrecy of your password. Sponsor or other third parties are not responsible or liable for any actions taken using your password.
6. TIMING: The Game begins approximately 12:00 am Eastern Time ("ET") on September 1, 2012 and ends at approximately 11:59 pm ET on September 30, 2012 (the "Game Period"). For purposes of these Official Rules all times are ET.
8. HOW TO ENTER. a. Enter Online. Log on to http://arcade.espn.go.com/ during the Game Period and follow the instructions in order to submit your score. b. Void. Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) is prohibited. Any attempt by any entrant to use an automated system will void all of that entrant's entries, and render that person ineligible to receive any of the prizes. Entry materials/data that have been tampered with or altered are void. c. Change of Email Address. It is the sole responsibility of the entrant to notify the Sponsor during the Challenge Period if his or her e-mail address changes. To do so, click on the "myESPN" link on any ESPN.com page, then click on the Member Services link, then the Account Information link and follow the instructions. d. Errors. Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Game, 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.
9. HOW TO ENTER/PLAY. All players who login and submit a score during the contest period will be awarded one contest entry. In addition, each player who earns a score that places them on the Top 500 Monthly High Score Leaderboard at the end of the contest period will be awarded bonus entries. For instance, the player who lands in 500th place will receive 1 bonus entry. The person in 499th place will receive 2 bonus entries and so on up the leaderboard, so that the player who is in 1st place will receive 500 bonus entries.
10. PRIZES. Ten (10) prize winners will each receive a copy of EA Sports Madden '13 (ARV $60). A random drawing of all players who submitted their scores during a particular month will be conducted in order to determine the ten winners. Approximate Retail Value of all Prizes ("ARV"): $600.00.
11. TIES. In the case of ties, if multiple individuals happen to land in one place, those individuals will all receive the same number of entries. For example, if three people are tied for 1st place, all three will receive 500 bonus entries. The next best player will be considered to be in 4th place and will receive 497 bonus entries. If there is a tie in the 500th spot, all individuals with the same score (up to a total of 1000 entrants) will receive 1 bonus entry. Should there ever be a time where there are more than 1000 individuals tied, bonus entries will be awarded based on score submission date and time. This would reward those individuals who entered the contest earlier in the month.
12. POTENTIAL WINNERS. a. Verification. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID. b. Prize Restrictions. No assignment, transfer, or substitution of prize is permitted, except Sponsor reserves the right to substitute the prize if prize becomes unavailable. c. Prize Taxes. All federal, state or other tax liabilities arising from this Game are the sole responsibility of the winner. d. "Prize Notice" via Email or Mail. Winners will be notified via email (or overnight mail) sent approximately 30-days following the end of the Game Period. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate. e. Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner will be selected at random if (i) he/she does not comply with these Official Rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Sponsor notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Sponsor shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize (e.g., may choose another alternate potential winner in a manner consistent with these rules or donate the prize to another entity, at its sole discretion). f. Minors. If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, parent/legal guardian. g. Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice. h. Release. By participating in this Game or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, and each of their respective related companies, and all of its or their company's 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 Game (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize). i. Publicity. Except where prohibited, participation in this Game constitutes winner's consent to Sponsor and its or their agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or Promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
13. CONDITIONS OF PARTICIPATION a. Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Game and to disqualify any individual who tampers with the entry process, violates these Official Rules, 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 GAME 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 Game 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 Game, 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). c. Cancellation. In the event of a cancellation or termination the winner will be chosen at random from all eligible entrants at the time of action or the prize will be awarded in such other manner deemed fair and appropriate by Sponsor.
14. GAMBLING PROHIBITION: This Game is strictly for entertainment purposes and may not be used in connection with any form of gambling
15. 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 Game; (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 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 Game; (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 Game, access to, copying or downloading materials from ESPN.com or any other website, or receipt or use of any prize.
16. 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 Game or any prize awarded 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 Game and all aspects related thereto.
17. OFFICIAL RULES; WINNERS LISTS. For a copy of the Official Rules and/or list of winners, mail a self-addressed stamped envelope (Residents of VT may omit return postage) to the address below. Requests must be received within thirty (30) days following the end of the Game. ESPN Game of the Month 77 West 66th Street New York, NY 10023. This Game of the Month Contest, Linebacker (http://espn.go.com/free-online-games/sports/_/gid/123/linebacker ) is copyright © 2012 ESPN Internet Ventures.