Official Contest Rules
Effective August 29, 2012
THE FOLLOWING PROMOTION IS INTENDED FOR PLAY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (COLLECTIVELY, THE "ELIGIBILITY AREA") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS PROMOTION IF YOU ARE NOT LOCATED IN, AND A LEGAL RESIDENT OF, THE ELIGIBILITY AREA.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES ("Official Rules").
To participate in the Football Pickem (the "Promotion") you must be a legal resident of the Eligibility Area, and 21 years or older at the time of entry. The Promotion is void in overseas U.S. territories, possessions, commonwealths and military installations and where prohibited by law. Employees and agents of Neverstill Media, LLC ("Neverstill"), any other participating prize sponsor, and any entity involved with or otherwise providing services related to this Promotion (all of the foregoing, together with Sponsors, collectively referred to as "Promotion Entities"), and the immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and persons living in the same household as such individuals, whether related or not, are not eligible to participate or win. This Promotion is subject to all applicable federal, state and local laws and regulations.
How to Enter:
The Promotion begins at 12:01 AM Eastern Standard Time ("EST") on August 30th, 2012, and ends at the conclusion of the pro football semi-final playoff games of the 2012-2013 season (the "Promotion Period"). If the Pro Football season is adjusted for any reason, then the Promotion Period will automatically be adjusted to reflect that change. To enter the Promotion, visit (www.FootballBeast.com) and follow the instructions to download and install the Football Pickem mobile software application on your mobile device. You will be asked to provide your first and last name, physical mailing address (no post office boxes), telephone number, and email address.
Internet access is required to enter and all entries must be submitted online through the Promotion Website or through a mobile software application developed by Neverstill Media, LLC. Limit one entry per person for the duration of the Promotion Period. Additional entries received from any one person will be void. Each entry must be submitted separately. Incomplete entries are void. A user who has submitted the foregoing materials within the deadlines described in these Official Rules, and who is otherwise in full compliance with the eligibility restrictions and all other provisions of these Official Rules, is referred to as an "Entrant."
For purposes of these Official Rules, "receipt" of an entry occurs when Neverstill’s servers record your entry when properly submitted from the Promotion Website. In the event of a dispute regarding the identity of the holder of the user ID associated with a particular entry, the dispute will be resolved in favor of the individual who is both the authorized holder of the user ID and password associated with the account (based upon information submitted at the time the account was created or updated upon registration for this Promotion) and, if available, the "authorized email account holder" of the "alternate email address" provided when the user ID was created. "Authorized email account holder" is defined as the natural person assigned an email address by an internet access provider, online service provider, or other organization (i.e., business, educational institution) responsible for assigning email addresses for the domain associated with the submitted email address. If there is a discrepancy between the name of the person listed as the authorized holder of the user ID and the authorized email account holder of the alternate email address provided when the user ID was created, that user ID will be disqualified and any potential prize will be forfeited. If an Entrant used the Football Pickem mobile software application, than Sponsor will resolve the a dispute in favor of the named individual on the cellular service provider’s invoice. A potential prize winner may be required to provide Sponsors with proof that he/she is the authorized Account holder as described above.
The submission of an entry is solely the responsibility of the Entrant. Entries may only be made according to the method described above. Proof of sending (such as an automated computer receipt confirming delivery of email or "thanks for entering" message) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules. Sponsors are not responsible for lost, incomplete, illegible, late, damaged, delayed, garbled or misdirected entries, selections, or email messages; lost or postage-due mail; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, server or other connections including those through Footballbeast.com, the Football Pickem mobile software application or any related website; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any virus, error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including, but not limited to, any injury or damage to entrant's or any other person's computer related to or resulting from participation in this Promotion; printing, typographical or other errors appearing within these Official Rules or in any Promotion-related advertisements or other materials; or other errors or problems of any kind whethermechanical, human, technical, electronic or otherwise relating to or in connection with the Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the processing of entries or theannouncement of the prizes. Entries using a macro, bot, script, or other form of automated entry will be disqualified and are void. Entries made by anyone other than the Entrant and originating at any internet site other than the Promotion Website are void. All entries become the property of Sponsors and will not be acknowledged or returned.
How To Play:
Winners are selected based on Football Pickem standings after the end of each week and at the end of the season. For more information on making your picks and earning points , see our how to play section on http://FootballBeast.com. In the event that there is a tie for the weekly or season prize, the following tiebreakers will be used:
The Entrant whose prediction of the combined score of the Monday night professional football game who is closest to the actual combined final score, will be the winner of that week's contest. If there is more than one Monday night professional football game, then the game with the latest starting time will be used as the tiebreaker as seen on the mobile app and companion website at http://FootballBeast.com. If there is still a tie, the Entrant with the most games correctly guessed in the previous week will be the weekly winner. If there is still a tie, continue with previous weeks as above until a winner is identified. If there is still a tie, eliminate Entrants who most recently made or changed a pick for that week until only one user remains, whom is then named the winner.
Regular Season Tiebreaker:
If there is a tie at the end of the season, Entrant with most underdog victories will win (Underdog victory is defined by a successfully guessed game where the majority of Entrants unsuccessfully guessed the winner.) If there is still a tie, Entrant who most accurately predicts the combined score in the Week 17 tiebreaker game will win. If there is still a tie, continue to apply above criteria to previous weeks until a winner is identified.
Weekly winners participating in the post-season Football Pickem for the Grand Prize will engage in three additional rounds of picking. If there is a tie at the end of the post-season, Entrant who most accurately predicts the combined score in the selected Pro-Football Semi-Final Game will win. If there is still a tie, the Entrant with most Weekly Wins during the Regular Season will win. If there is still a tie, the Entrant to most accurately identify the combined score of the selected game of Week 17 tiebreaker game will win. If there is still a tie, continue to compare the previous Week's tiebreaker game until a winner can be identified.
Seventeen Weekly Prizes (each, a "Weekly Prize"), one per week during the season, are determined by the Entrant who accurately predicts the winner of the most games from all Promotion entrants for a given week. Entrants must submit their weekly picks by that week's pick deadline for each game to be eligible for that week's prize. Each week's highest scoring entrant will receive a $100.00 gift card to Amazon.com. Approximate Retail Value (ARV) of each prize: $100.00. The total ARV of all Weekly Prizes is $1,700.00.
One Season Prize (the "Season Prize") is determined by an entrant's cumulative win total calculated by summing all of the entrant's correct weekly choices from throughout the Regular Season (Weeks 1 through 17). Entrants must submit their weekly picks by that week's pick deadline for each game for picks to be eligible for total count. The entrant with the most correctly guessed wins at the end of the Regular season will win a $500 gift card to Amazon.com. Approximate Retail Value (ARV) of the one Season Prize is $500.
One Grand Prize (the "Grand Prize") will be awarded. Each weekly winner and the season winner will be eligible to compete in the playoff round. A grand prize winner will be determined based on the entrant who correctly guesses the outcome of the most playoff games leading up to the championship game excluding the Pro Football All-Star Game. Grand Prize winner will receive two tickets to the professional football championship game that will be held on February 3, 2013 at the stadium located at 51500 Sugar Bowl Drive, New Orleans, LA 70112 (the "Tickets"). Approximate Retail Value (ARV) of Grand Prize is $5,000 (approximate retail value may vary depending on actual cost of tickets). If Sponsor is unable or should choose not to obtain the physical Tickets for any reason, Entrant agrees to accept a cash payment of $5,000.00 in lieu of Tickets. Sponsor will not provide any transportation, lodging, dining, or other related expenses or charges related to use of the Tickets. Sponsor agrees to bear all costs other than the cost of the ticket.
The following applies to all prizes: Each winner and his/her guest must be 21 years of age and older. Prizes cannot be used in conjunction with any other promotion or offer. Prizes may not be transferred or assigned except by Sponsors. Winner and travel companions must travel on dates specified by Sponsors. Exact dates are at the discretion of Sponsors. All persons must depart from and return to same airport. Companions may be required to sign an affidavit upon Sponsors' request. Tickets will bear the date of issue and expiration and may contain additional restrictions. Tickets are not redeemable for cash or credit and will not be replaced if lost or stolen. No substitutions, cash equivalents, or transfer of prize permitted except at the sole discretion of the Sponsors, who reserve the right to substitute the prize (or portion thereof) with one of equal or greater value, except as otherwise set forth herein. Expenses not specifically stated in these rules, together with the reporting and payment of all applicable taxes, fees, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner of that prize.
All decisions of Sponsors are final in all matters, including determination of the Promotion winner, interpretation of these Official Rules, and awarding of prizes. Odds of winning a prize depend on total number of eligible entries received.
PLEASE NOTE THAT EVEN IF YOUR ENTRY QUALIFIES YOU AS A POTENTIAL WINNER AT THE CLOSE OF THIS PROMOTION, YOU HAVE NOT YET WON A PRIZE. POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSORS, AND MUST MEET ALL ELIGIBILITY REQUIREMENTS BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
Winner Notification, Prize Claim and Release. The potential winner for a particular Weekly Prize will be notified by Sponsors or Sponsors' representative by email, telephone, and/or mail approximately two weeks after the completion of the week for which that prize is being awarded. Weekly Winners will be notified by email, telephone, and/or mail within 48 hours of the last game of that week (or tiebreaker if necessary). The potential Grand Prize winner will be notified by Sponsors or Sponsors' representative by email, telephone, and/or mail within 48 hours of the last pro football semi-final football game. Potential Prize winners will each be required to execute and return an affidavit of eligibility, a liability release, and where permitted by law, a publicity release within three days of date of issuance of notification, together with any additional information (such as social security number) that may be required by Sponsors. If: (a) a potential winner fails to satisfy any of the foregoing requirements or these Official Rules; (b) the prize notification is returned as non-deliverable for any reason; or (c) the Promotion Entities are unable to contact a potential winner, in each case that potential winner may be disqualified and an alternate winner selected by means determined by Sponsors. All prize claims, affidavits, and releases are subject to verification in Sponsors' sole discretion. If legitimately claimed, the Prizes will be awarded. No unclaimed prizes will be awarded. Each Winner will be issued an IRS Form 1099 which documents the value of the prize for tax purposes. Guests of winners must execute Liability Releases, and where legal, Publicity Releases, prior to the issuance of travel documents.
Limitation of Liability. By entering, each entrant agrees: 1) that Sponsors and their designees shall have the right and permission to use the entrant's name and/or picture and/or likeness or biographical information or voice for trade, advertising, promotional and/or any other purpose in any media now or hereafter known throughout the world in perpetuity without any further compensation, consideration, permission or notification except where prohibited by law; and 2) that Sponsors and their respective parents, subsidiaries, affiliates, directors, officers, employees, and agents (collectively, the "Released Parties") shall have no liability for any liability, loss, injury or damage, including, without limitation, personal injury,death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this Promotion. BY ENTERING, EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE RELEASED PARTIES, AND THEIR RESPECTIVE PARENTS, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH FOR ANY LIABILITY WHATSOEVER FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE OR MISUSE OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY.
In addition, Released Parties assume no responsibility or liability for lost, late, misdirected, or garbled entries, or for theft, destruction, or unauthorized access to, entries. Released Parties assume no responsibility for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of submissions in the Promotion. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players, or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing, that may occur (including but not limited to any such problems which may result in the ability to access the Promotion Site or to process any game transaction(s) in connection with the Promotion. Released Parties assume no responsibility for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Promotion. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsors reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion. In the event of termination of the Promotion, Sponsors reserve the right, at their discretion, select winner(s) from among all eligible, non-suspect entries received prior to the event requiring termination according to the winner selection process described in the Officials Rules. In addition, should the professional football season be postponed, shortened, interrupted, modified, or cancelled for any reason, Sponsors reserve the right at their sole discretion to award prizes at the time the professional football season is affected, or to cancel, terminate, modify, or suspend the Promotion.
General Conditions. By entering the Promotion, entrants agree to comply with and be bound by these Official Rules. The Official Rules will be posted at the Promotion Website throughout the Promotion. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Entrants further agree to comply with and be bound by the decisions of the judges, which will be final and binding in all respects. Sponsors reserve the right, in their sole discretion, to disqualify any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Promotion, or any Sponsor website; (b) violating these Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Winners' List: For the name of the winners, available after February 5, 2013, send a stamped, self-addressed envelope no later than March 5, 2012, to:
6328 Baltimore National Pike, Suite 200
Catonsville, MD 21228