| |
1.The following promotion is intended for viewing in the United States, Puerto Rico and Canada only and shall only be construed and evaluated according to United States and Canadian law. Void where prohibited by law.
2. GAME OF SKILL; NO PURCHASE NECESSARY TO PLAY; WINNER SELECTION. THIS IS A GAME OF SKILL. WINNERS WILL BE DETERMINED BY THE OBJECTIVE CRITERIA SET FORTH BELOW. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of sports to accumulate the most points during each weekly entry period of Monday Night Trivia (the "Contest") presented by Aflac according to Section 8, below. No purchase is necessary to play.
3. CONTEST PERIOD. The Contest Period begins on August 9, 1999 and ends on December 27, 1999. Entries are accepted each Monday from 9:00 p.m. ET to approximately 10:00 p.m. ET during a live trivia chat located at http://espn.go.com/community/chat/triviaindex.html.
4. ELIGIBILITY. This Contest is open to legal residents of the U.S., Canada and Puerto Rico only, unless prohibited by law, provided that residents of the province of Quebec may play and have their places noted in the standings, but are not eligible to win any prizes. Canadian winners may be required to take and pass a timed mathematical skill testing question. Minors must first obtain permission of parent/legal guardian before entering online (see "Entry" below). Employees and the immediate families of employees of ESPN/Starwave Partners d/b/a ESPN Internet Ventures ("EIV"), ESPN, Inc., Infoseek Corporation, The Walt Disney Company, ABC, Inc., Starwave Corporation ("Starwave"), Aflac, their affiliates, distributors, divisions subsidiaries, licensees, sponsors, licensed retailers, advertising and promotion agencies and Contest promotional partners are not eligible to participate in this Contest.
5. GAMBLING PROHIBITION. This Contest may not be used in connection with any form of gambling.
6. DISCLAIMER; CONSENT. EIV, Starwave, Infoseek Corporation, ESPN, Inc., and Walt Disney Company, and any subsidiary or affiliate of any of the foregoing will not be responsible for: (a) any late, lost, garbled, misdirected, incomplete, or damaged entries; (b) any Contest disruptions, injuries, losses or damages caused by events beyond the control of EIV; or (c) any printing or typographical errors in any materials associated with the Contest. By entering the Contest, the entrant consents to placement on a mailing list for promotional and other materials, and grants to EIV, ESPN, Inc., Starwave, Infoseek Corporation, and Walt Disney Company the right to use and publish the entrant's proper name, state or province of residence, score, and ranking online and in any other media in connection with the Contest, unless prohibited by law. EIV reserves the right, in its sole discretion to cancel, terminate, or suspend this Contest should viruses, bugs, unauthorized human intervention or other causes beyond the control of EIV, corrupt or impair the administration, security, fairness, or proper play of the Contest. In such event, EIV reserves the right to award prizes based on scores at the time of such disruption, cancellation, termination or suspension.
7. HOW TO ENTER. To participate in the Contest go to the ESPN.com Trivia chat room located at http://espn.go.com/community/chat/triviaindex.html. Monday nights during the Contest Period between 9:00 p.m. ET and approximately 10:00 p.m. ET, enter a user name, and answer the trivia questions posted on the web site during the chat.
Entrants must have Internet access on or prior to the date they enter the Contest to be eligible to participate
MINOR POLICY: Entrants under the age of 18 must first obtain permission of parent/legal guardian before entering online. EIV will notify the parent or legal guardian if their child is a winner in the Contest
Limit one (1) entry per person or e-mail address per weekly chat. If more than (1) entry is received per person or e-mail address only the first entry will be accepted. All materials become the property of the EIV and none will be returned.
In the event of a dispute about the identity of the online entrant, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide EIV with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
8. HOW TO PLAY. The objective of Monday Night Trivia is to be the first one to correctly answer the most trivia questions posted in ESPN.coms Trivia chat room. Each Monday there are four rounds of questions, with the questions increasing in difficulty and point value from one round to the next. There will be at least two questions per round. Points will be awarded to the first five (5) people to answer each question correctly as indicated in Section 9 below. The moderator will post the user names of the five participants who receive points after each question, and will update the overall standings after each round. Since the points for correctly answering questions are weighted more heavily as the rounds progress (see Section 9 below), you may join in any time during the chat and still have a chance at winning the weekly prize. Limit one prize per person or email address every four weekly chat periods.
9. SCORING. Points will be awarded to the first five (5) people to post correct answers to the trivia questions in each round as follows:
Singles round:
1st correct response 5 points
2nd correct response 4 points
3rd correct response 3 points
4th correct response 2 points
5th correct response 1 point
Doubles round:
1st correct response 10 points
2nd correct response 8 points
3rd correct response 6 points
4th correct response 4 points
5th correct response 2 points
Triples round:
1st correct response 15 points
2nd correct response 12 points
3rd correct response 9 points
4th correct response 6 points
5th correct response 3 points
Home runs round:
1st correct response 20 points
2nd correct response 16 points
3rd correct response 12 points
4th correct response 8 points
5th correct response 4 points
10. WINNER SELECTION. The entrant who earns the most points in the Weekly Trivia Contest from among all eligible entries received will be the Weekly Prize Winner. All such determinations will be made by EIV and Starwave whose decisions are final. Limit one prize per entrant or email address every four weekly chat periods.
TIES
In the event of a tie between two or more entrants, the winners shall be determined as follows:
A tie-breaker trivia question will be asked. Only entrants who are tied with the most points will be eligible. The first person to post the correct answer to the tie-breaker trivia question will be the winner.
In order to receive a prize, winners must provide their name, address, phone number, and email address. As a condition of being awarded any prize, winners may be required to execute and deliver to EIV a signed affidavit of eligibility and liability release within fourteen (14) days following notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Any prize/prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. It is the responsibility of the entrant to keep all mailing and e-mail information up-to-date and accurate. Winners should allow up to 6-8 weeks after they return their signed, notarized affidavit to receive their prize.
Minors will be required to provide EIV with a Parental Permission Form, which will be sent to all potential prize winners who are minors. To be eligible to receive prizes, the Parental Permission Form must include a parent's or legal guardian's signature (signifying approval of child's entry in Contest) and be returned by mail (or by fax) to the address (or fax number) indicated on the Form within fourteen (14) days of notification. Any minor who does not provide this completed and executed Parental Permission Form within fourteen (14 days) will forfeit his or her right to be declared a winner and/or win a prize.
By accepting a prize, the winner grants permission to EIV to use their names, photographs, likenesses, voices, prize information and/or biographical information for publicity and promotional purposes without further compensation, unless prohibited by law. If a winner is disqualified an alternate winner will be selected.
11. PRIZES.
WEEKLY WINNERS (21): The person who receives the highest score in each Weekly Chat, calculated as described in Section 9 above, out of all the eligible entrants for that week will be that week's Weekly Winner. Each Weekly Winner will receive a $100 gift certificate to ESPN-The Store Online (approximate retail value of US$100 per gift certificate).
Prizes are not transferable and no substitution of prizes is permitted except that EIV reserves the right to substitute a prize of equivalent value or greater if a prize is unavailable. All prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES AND ANY SHIPPING OR HANDLING CHARGES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
12. TERMS. Contest entrants agree to abide and be bound by the terms of these Official Rules and by the decisions of the judges, which are final on all matters pertaining to this Contest. This Contest is governed by, and these rules will be construed and interpreted pursuant to, the laws of the United States. All federal, state and local laws and regulations apply. All federal, state and local taxes, and all income and any other taxes, fees and surcharges will be the sole responsibility of the prize winner. EIV, ESPN, Inc., The Walt Disney Company, ABC, Inc., Infoseek Corporation, Starwave, and participating promotional companies (and the affiliates and subsidiaries of each) and agencies (i) make no warranty, guaranty or representation of any kind concerning any prize, (ii) disclaim any implied warranty; and (iii) are not in any way responsible or liable for damage, loss or injury resulting from altered, late, lost, damaged, misdirected, mutilated, inaudible, illegible or incomplete entries, or human, telephone, computer, online, or technical malfunctions or failures (including busy lines and disconnections), or acceptance and use of a prize or travel in connection with such prize. Winner assumes liability for injuries caused or claimed to be caused by participating in the Contest, or by the acceptance, possession or use of any prize.
By entering, participants agree that no claim relating to such damages, losses or injuries shall be asserted against EIV, ESPN, Inc., The Walt Disney Company, ABC, Inc., Infoseek Corporation, Starwave, Aflac, any of their affiliates, or their respective parents, subsidiaries, directors, officers, principals, shareholders, employees or agents. By accepting a prize, winner agrees to release and hold EIV harmless from any and all damages, losses, rights, claims and actions of any kind resulting from the acceptance, possession or use of any prize, including without limitation, personal injuries, death and property damage.
EIV is not responsible for typographical or other errors in the offer or administration of this Contest, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the winner or the distribution of the prizes. By entering the Contest, entrants consent to being placed on a mailing list for promotional and other materials.
13. CONDUCT. The Official Rules will be posted at the Contest web site throughout the Contest. EIV reserve the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or web site; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. EIV reserves the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EIV RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
14. LIMITATIONS OF LIABILITY. EIV is not responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of submissions in the Contest. EIV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft of or destruction or unauthorized access to, or alteration of, entries. EIV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or entrants due to or resulting from technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Contest. If, for any reason, the Contest 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 EIV, which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, EIV reserves the right at its sole discretion to cancel, terminate, or suspend the Contest and in such event, to select winner by random drawing from all valid entries received up to the time of cancellation, termination or suspension.
15. RULES; WINNERS LIST. This Contest is subject to these Official Rules, and any other rules sets expressly referenced herein. Contest entrants agree to abide by the terms of these Official Rules and by the decisions of the judges, which are final on all matters pertaining to this Contest. EIV reserves the right to change these Official Rules at any time, in its sole discretion. Official Rules may be obtained on the ESPN.com site at http://espn.go.com or by sending a SASE to:
ESPN Monday Night Trivia Challenge
c/o ESPN Internet Ventures
13810 SE Eastgate Way, Suite 400
Bellevue, WA 98005.
Within 30 days of the end of the Contest, a winner's list may be obtained one week after the conclusion of the entire Contest by sending a SASE to the address above. Residents of WA and VT may omit return postage.
16. HEADERS. The section headers contained herein are provided for convenience purposes only and shall not be used to modify or interpret the terms of these Official Rules.
17. SEVERABILITY. In the event that any provision of the Official Rules is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the Official Rules shall remain valid and enforceable according to its terms. The parties intend that the provisions of the Official Rules be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable.
| |
 |