Official Rules

 

OFFICIAL RULES FOR GAME

MARS FANTASY RACING GAME

2013 Official Game Rules

 

NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THE AGE OF MAJORITY. VOID WHERE PROHIBITED.  

 

1. GAME: This fantasy racing game ("Game") begins with the commencement of the Registration Period at 12:00:01 AM Eastern Time (“ET”) on February 15, 2013, for 36 rounds of fantasy racing play (“Rounds”), and ends at 11:59:59 p.m. ET on ends December 1, 2013 (“Game Period”).  Seventy-four (74) winners (“Winners”) will be determined, as set out in these Official Rules, based on ability to apply skill and knowledge concerning the evaluation of race car drivers, race tracks, and average racing speeds at certain designated races during the 2013 racing season. Participation in the Game is subject to the provisions of these official rules (the “Official Rules”).

 

2. ELIGIBILITY:  The Game is open only to individuals who, as of the beginning of the Game Period, (a) are legally residing, for purposes of all applicable tax laws, in one of the fifty (50) United States or the District of Columbia  (the "Eligibility Area");  (b) are at least the age of majority in the jurisdiction of such person’s residence; (c) have the capacity to enter into valid contracts in their respective personal jurisdictions of residence; and (d) each have an Existing Business Relationship as defined below as of thirty (30) days prior to the beginning of the Game Period. Employees and directors of Mars Chocolate North America, LLC (“Sponsor”) and Athlon Sports Communications, Inc. (“Athlon”) and each of their respective affiliates, subsidiaries, advertising and promotional agencies, and their respective officers, directors, employees, and agents, the immediate families of such persons (defined as spouse, child, sibling, parent or grandparent or so-called “step” or “half’ variations of any of the preceding individuals), and those living in their same households, are ineligible. Eligibility also is subject to policies of participants’ employers concerning the acceptance of incentive benefits, and by participating in this Game, each individual participant warrants that he/she is eligible to participate under his/her employer’s policies. Only individuals who meet all requirements set forth in these Official Rules may participate in the Game (each such individual, a “Player” and collectively, “Players”). For purposes of these Official Rules, “Existing Business Relationship” means a relationship between McLane Company, Inc., and Mars Chocolate North America, LLC  (Sponsor), and Player (or Player’s employer) that is based upon (a) the purchase of McLane Company, Inc. and Mars Chocolate North America, LLC (Sponsor) products or a similar transaction within the preceding twelve (12) months, or (b) an inquiry regarding the purchase of McLane Company, Inc. and Mars Chocolate North America, LLC (Sponsor) products within the preceding three (3) months, which relationship has not been previously terminated by either party.

3. HOW TO REGISTER:  At any time between 12:01:00 AM ET on February 15, 2013 and the Round Entry Deadline (as defined below) on November 17, 2013 (the “Registration Period”), each Player must visit www.marsfantasyracing.com (the “Site”) and follow the on-screen registration instructions to register for the Game and acquire access to the Game portion of the Site (“Registration”). In connection with such Registration, each Player will select a unique user name and password (which shall be used by such Player in connection with Player’s Game play) and indicate his/her acceptance of these Official Rules.  Registration constitutes each Player’s full and unconditional agreement to these Official Rules and any and all decisions of Sponsor, Athlon and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in these Official Rules. Limit: one (1) Registration per person/email address. Each Player’s registration must be associated with only a single email address. Each Player may use only one email address to participate and the same email address may not be used by more than one Player.  If any Player uses more than one email address to play this Game or if more than one Player uses the same email address to play this Game, Sponsor reserves the right to disqualify all Game play associated with the Player(s) and email address(es) involved and to declare all prize(s) associated with such Player(s) and email address(es) forfeited.

 

4. HOW TO PLAY/ACCRUE POINTS & PRIZES:  The Game consists of thirty-six (36) Rounds. The Rounds are divided into two (2) sections: (1) the first section of the Game consists of twenty-six (26) Rounds (corresponding to the first 26 races of the professional stock car racing “Cupseason (excluding any so-called “All-Star” and/or special event races) in which professional stock car drivers earn points towards the Cup) as shown in the table below) (“Regular Season Rounds”) and (2) the second section of the Game consists of ten (10) Rounds (corresponding to those races in which professional stock car racing’s governing body will select 10 or more professional stock car drivers to compete for the season championship as shown in the table below) (“Championship Challenge Rounds”).  The race dates and race locations shown in the table are subject to change; notice of any such change will be posted on the Site.

 

Regular Season Rounds

Race Date

Race Location

1

02/24/13

Daytona

2

03/03/13

Phoenix

3

03/10/13

Las Vegas

4

03/17/13

Bristol

5

03/24/13

Fontana

6

04/07/13

Martinsville

7

04/13/13

Texas

8

04/21/13

Kansas

9

04/27/13

Richmond

10

05/05/13

Talladega

11

05/11/13

Darlington

12

05/26/13

Charlotte

13

06/02/13

Dover

14

06/9/13

Pocono

15

06/16/13

Michigan

16

06/23/13

Sonoma

17

06/29/13

Kentucky

18

07/06/13

Daytona

19

07/14/13

Loudon

20

07/28/13

Indianapolis

21

08/04/13

Pocono

22

08/11/13

Watkins Glen

23

08/18/13

Michigan

24

08/24/13

Bristol

25

09/01/13

Atlanta

26

09/07/13

Richmond

Championship Challenge Rounds

Date

Race Location

1

09/15/13

Chicago

2

09/22/13

Loudon

3

09/29/13

Dover

4

10/06/13

Kansas

5

10/12/13

Charlotte

6

10/20/13

Talladega

7

10/27/13

Martinsville

8

11/03/13

Texas

9

11/10/13

Phoenix

10

11/17/13

Homestead

 

 

(a) Game Play: During each Round, Players may select drivers from a list provided at the Site (“Available Drivers”) and the average racing speed for all drivers competing in the applicable race (“Average Speed”). Each Available Driver will be assigned a dollar value (“Game Point Value”), which Game Point Value is based on that Available Driver’s value relative to the value of the other Available Drivers. To play, at any time prior to the Round Entry Deadline (as defined below), Player will log-in to the Site and fully complete one (1) entry for such Round (“Round Entry”) by (i) selecting a “team” of five (5) drivers from among the Available Drivers (a “Round Team”), in each case trying to select the Available Drivers for such Round Team that will earn the highest number of official points in that Round’s race, and (ii) predicting the Average Speed. Each Round Team must consist of five (5) Available Drivers; provided that the aggregate Game Point Value for Player’s Round Team (the “Team Point Total”) may not exceed twenty dollars ($20). All Game Point Value assignments are made by Sponsor in its sole discretion, independent of any third party advice, recommendation or influence.

 

All Round Entries must be submitted electronically up until the official scheduled start time of the applicable Round race (as reflected on the Site subject to any delays, suspensions, rescheduling and/or cancellations) (“Round Entry Deadline”).  The clock on Sponsor’s database server shall be the official timekeeper for this Game. Any Round Entries containing a Team Point Total exceeding twenty dollars ($20) will be disqualified. Round Entries may be revised and re-submitted at any time prior to the applicable Round Entry Deadline. Players may submit only one (1) Round Entry, as applicable, for each Round. Additional Round Entries from any individual, using different e-mail addresses or any other system of multiple entries, will be disqualified. Lost, late, illegible, incomplete or misdirected Round Entries are not eligible. Players will earn the number of points that are equal to the total number of official points earned by, and credited to, the drivers on Player’s Round Team in each Round (according to the official published results as of the end of the applicable race) (“Round Score”). For purposes of these Official Rules, the cumulative sum of all of a Player’s Round Scores, as computed following the end of the final Round, shall be deemed such Player’s “Total Game Score.

 

(b) Determining Winners:  The Game will have two (2) winners per Round, one (1) Grand Prize Winner, and one (1) Championship Challenge Winner (each, a “Winner”), for a total of seventy-four (74) Winners for the entire Game. Subject to these Official Rules, the individual Player with the highest Round Score in a Round will be the First Place Round Winner for the applicable Round, subject to verification (a “First Place Round Winner”), and the individual Player with the next highest Round Score in a Round will be the Second Place Round Winner for the applicable Round, subject to verification (a “Second Place Round Winner”).  Subject to these Official Rules, the individual Player with the highest Total Game Score upon the conclusion of the Regular Season, as set forth in these Official Rules, will be the Grand Prize Winner, subject to verification (the “Grand Prize Winner”), and the individual Player with the highest Championship Challenge Score upon the conclusion of the Championship Challenge, as set forth in these Official Rules, will be the Championship Challenge Prize Winner, subject to verification (the “Championship Challenge Winner”). Round Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of any Round, the applicable Round Winner will be that Player whose Average Speed prediction is closest to the actual average speed of the race occurring during the applicable Round; and; (b) If such Players remain tied after the Average Speed tie-breaking procedure (as would be the case with identical entries), the applicable Round Winner will be that Player demonstrating superior knowledge and confidence by submitting his/her Round Entry at the earliest time, based on the actual documented time of Player’s Round Entry as reflected in the Athlon database server. Any Player who does not submit a Round Entry for a particular Round will not be eligible to win prizes for that Round. Grand Prize Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of the Game, the applicable Grand Prize Winner will be that Player whose Average Speed prediction is closest to the actual average speed of the race occurring during the last Round in which such tied Players submitted a valid entry (“Final Round”); and (b) If such Players remain tied after the Average Speed tie-breaking procedure (as would be the case with identical entries), the applicable Grand Prize Winner will be that Player demonstrating superior knowledge and confidence by submitting his/her Final Round Entry at the earliest time, as between the tied Players and based on the actual documented time of Player’s entry as reflected in the Athlon database server. Championship Challenge Prize Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of the Game, the applicable Championship Challenge Prize Winner will be that Player whose Average Speed prediction is closest to the actual average speed of the race occurring during the last Championship Challenge Round in which such tied Players submitted a valid entry (“Final Championship Challenge Round”); and (b) If such Players remain tied after the Average Speed tie-breaking procedure (as would be the case with identical entries), the applicable Championship Challenge Prize Winner will be that Player demonstrating superior knowledge and confidence by submitting his/her Final Championship Challenge Round Entry at the earliest time, as between the tied Players and based on the actual documented time of Player’s entry as reflected in the Athlon database server.

 

(c) Prizes:

 

Grand Prize PRIZE DESCRIPTION         ARV

 

 Trip for two (2) to a regular season NASCAR race in 2014, including air transportation, two (2) nights’ accommodations, grandstand tickets to the race and a $500 gift card (see below for complete details).

$2,000.00

 

Championship Challenge

Prize PRIZE DESCRIPTION         ARV

1

Kyle Busch autographed helmet

$600.00

 

Round Prize

First Place PRIZE DESCRIPTION         ARV

1 -36

Kyle Busch Autographed 1:24 die-cast car

$45.00

 

Round Prize

Second PRIZE DESCRIPTION         ARV

1 -36

Kyle Busch Autographed M&M’s Racing Hat

$10.00

 

 

The Grand Prize trip includes round-trip coach class air transportation for Grand Prize Winner and one (1) travel companion from a major commercial airport near the Grand Prize Winner's residence (selected by Sponsor in its sole discretion) to the applicable race location or near such location (“Destination City”); two (2) nights standard hotel accommodations (single room/double occupancy); and two (2) grandstand tickets  to a regular-season professional stock car race in the Destination City (race selected by winner from list provided by Sponsor, subject to availability). All amounts reflected as dollar credits, gift cards or cash awards, if any, are not intended as “per person allocations” and are payable once and only to Grand Prize Winner. Actual value of trip may vary based on point of departure and airfare fluctuations.  Any difference between stated approximate retail value and actual value of Grand Prize will not be awarded. All travel is subject to blackout dates, must be completed by November 22, 2014. All travel arrangements must be made through Sponsor’s agent and are determined by Sponsor in its discretion. Grand Prize Winner and his/her travel companion must travel together on the same itinerary.  All other costs, fees and expenses not specifically identified in these Official Rules (including meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses) are the responsibility solely of the Grand Prize Winner.  The travel companion of the Grand Prize Winner must be the age of majority or older in his/her place of residence and must also sign a liability and publicity release (where permitted) prior to any ticketing of travel. Travel changes will not be accepted after reservations have been booked. If in the judgment of Sponsor air travel is not required due to the Grand Prize Winner’s proximity to the Destination City, ground transportation may be substituted for air travel in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen tickets, vouchers or other certificates or cards. Sponsor is not responsible if the Grand Prize Winner does not use any portion of the Grand Prize. Grand Prize Winner and travel companion must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel.  Sponsor, Athlon and their respective employees, contractors, directors and officers, and their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Game, are not responsible for any issues arising from venue operations/management and/or if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulations(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.

 

5. PRIZE AWARDING:  Prizes will be awarded after confirmation of eligibility and, if applicable, execution of requested eligibility and release documents. All prizes will be awarded if claimed. Unclaimed prizes will not be awarded. Winners will be responsible for any and all federal, state and local taxes incurred in winning and accepting any prizes and all other expenses incurred in winning and accepting the prizes. Winners may receive an IRS 1099 form reporting the value of their prize. All Winners will be initially identified, subject to eligibility, no later than on or about seven (7) business days following the date of the last race (“Effective Date”), by Athlon or its agent, whose decisions are final and binding. Winners will be notified by overnight mail and/or email, at Athlon’s discretion, on or about fourteen (14) business days following the Effective Date (“Notification”) and must respond to the notification with ten (10) days of the date sent or his/her prize may be forfeited in Sponsor’s sole discretion. Neither Sponsor nor Athlon are responsible for any change in a Player’s mailing address, email address and/or telephone number.  Each Winner must provide positive identification in such form as is specified by Sponsor and/or Athlon to claim his/her prize. Grand Prize Winner will (and other prize winners may) be required to sign an affidavit of eligibility and liability release and return it within fourteen (14) days of Athlon’s and/or Sponsor’s request (except where void or prohibited by law). Winning and claiming a prize is contingent upon Winner’s provision of all information requested by Sponsor, in the Notification or otherwise, subject to applicable law, and upon Winner eligibility, validation and verification, as determined by Sponsor and/or Athlon. Winner will be required to make the selection of their chosen race as a part of the affidavit process.  All prizes (other than the Grand Prize) must be redeemed by each Winner no later than fourteen (14) days following Athlon’s confirmation of Notification. In the event of a dispute as to the identity of a Player or Winner, the individual who was, at the time of Registration, as determined by Athlon, the documented registered holder of the email account used in connection with Registration for the Game will be deemed the eligible Player or Winner, as applicable. Players are solely responsible for notifying Sponsor or Athlon during the Game Period if his/her email address or any other contact information changes. Prizes may not be transferred and any transfer will result in forfeiture. In no event will more prizes be awarded than those listed above in Rule 4. Sponsor and Athlon reserve the right to substitute any prize with either the cash value of such prize or a prize or prizes of equal or greater value in the event any stated prize becomes unavailable.  If a Winner cannot be contacted within the specified time period, is ineligible, fails to claim a prize, or if a Notification or prize is returned as undeliverable, the prize will be forfeited and an alternate Winner will be selected, in Sponsor’s discretion. For purposes of this Game, the alternate winner, if necessary, will be the Player with the next highest score immediately following that of the disqualified Player, as determined by and set forth in these Official Rules. Athlon and Sponsor reserve the right to award equal prizes to any tied Players as long as the sum total of such prizes is equal to the ARV of the designated prize.   Acceptance of a prize constitutes permission for Athlon, Sponsor and their respective designees to use of Winner’s name, address, likeness, statements, voice, and biographical information for promotional purposes in any media without notice, further payment, consideration, credit, or right of approval or review (except where void or prohibited by law).

 

6. GROUNDS FOR DISQUALIFICATION:  The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/game subscription, notification, entry or like sites or service that offers Round Entry services "on behalf of" Player) is strictly prohibited and any Player using or suspected of using such methods may be disqualified.  Persons found tampering with, hacking, illegally registering for or abusing any aspect of the Game will be immediately disqualified, in Athlon’s sole discretion. If disqualified for any of the above abuses, Athlon may immediately terminate that Player’s participation in the Game and future games or contests by Athlon or Sponsor and Player will be ineligible to win or collect any prize and must return any previously received prize (or the stated ARV of such prize) awarded in connection with the Game upon Athlon’s or Sponsor’s request. Players further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon or Sponsor from pursuing any remedies legally available in connection with such conduct. Any violation set out in this Rule or other attempt to damage any website of Athlon and/or Sponsor, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules, as well as any and all applicable criminal and civil laws.  Athlon and/or Sponsor reserve the right to seek remedies and damages from any Players or individuals acting in concert with any Player to the fullest extent permitted by law.  In the event any portion of this Game is compromised as determined by Sponsor or Athlon and/or Sponsor  reserve the right to modify, suspend or terminate the Game.  If the Game is terminated, Winners will be determined from among all eligible Players based upon the applicable scores for such Players as of the date of such termination. 

 

 7. LIMITATION OF LIABILITY:  By registering for and participating in the Game, each Player agrees: (a) to comply with these Official Rules and the decisions of Sponsor, Athlon and any third party judges, which shall be binding and final in all respects; (b) to comply with Athlon’s privacy policy, available for review at http://www.marsfantasyracing.com/privacy.php, and terms and conditions of the Site; (c) to release Sponsor and Athlon, their respective affiliates, subsidiaries, wholesalers, retailers, distributors, dealers, advertising,  and promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors and each of their respective employees, officers and directors (“Released Parties”) from all liability, loss or damage arising out of participation in the Game or in connection with the awarding, receipt, possession, use and/or misuse of any prize; and (d) that he/she acknowledges that neither Athlon nor Sponsor makes any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, and disclaim all liability for the provision, quality or nature of any third-party products or services provided to Winners. By participating in the Game, each Player releases Released Parties from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including  personal injury, death and/or property damage, as well as any claims based on publicity rights, violations of protected speech rights or invasion of privacy) and property that may be sustained in connection with participation in the Game and the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or while participating in any prize-related activity.  IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE GAME OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THIS GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. Players further agree that (a) all 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 (b) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 

 

8. PLAYER, GAME AND SITE INFORMATION AND CONTENT:  Any information provided to Athlon and Sponsor by a Player in connection with Registration or otherwise, including Players’ names, addresses, telephone numbers and e-mail addresses, will be used to administer the Game, communicate with Players in connection with the Game, for purposes of fulfilling any applicable prizes, providing necessary notice, or as otherwise in compliance with these Official Rules. Limited to the purposes outlined herein, Athlon will collect, use, and protect personal data in accordance with Athlon’s privacy policy, available for review at www.athlonsports.com. Use of the internet, generally, shall be at Player’s sole risk. Any personal information transmitted by a Player over the internet, including Player’s names, addresses, telephone numbers and e-mail addresses may not be secure and such transmission is at the Player’s own risk and neither Athlon nor Sponsor shall have any liability in connection therewith. All data is proprietary to Sponsor and/or Athlon and will not be returned to Player. Players are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no on-line site or activity is completely impervious to outside intervention or activity regardless of the level of security employed by Athlon or Sponsor and that such information may be accessible to third parties. No Player will transmit, post or blog false, harmful, offensive, violent, obscene, hurtful or potentially damaging content or language of any kind or at any time, understanding that such language may violate public, private, federal, state or local rights or laws governing speech, activity disguised as speech and/or any related public or personal interest, including each Player’s right to play the Game without harassment or disregard for the rights and values embodied in the Communications Decency Act and both common law and federally and state-enacted legislation against violations of the Lanham Act, slander, libel, defamation, hate speech, and gross and intentional disregard for the feelings of others or oneself (“Protected Speech Rights”). No Player may attempt to attach any link, ancillary portal or sub-site or upload or otherwise display any content on the Site or within the Game without the express written permission of Athlon and Sponsor, which may be withheld for any reason. Neither Athlon nor Sponsor is affiliated with, endorsed by, or licensed by, any of the drivers, cars, tracks, leagues, teams, or their sponsors, professional or trade associations, organizations, including those organizations referred to or identified by “NASCAR” or any other entity, award, honor or individual identified in the Game or its promotional materials and none are a sponsors of or associated with the Game in any way. Any of their names, brands, identifying terms and/or designations, including any embedded or associated trademarks, logos and images (“Third Party Materials”) found on the Site are the trademarks, brands or other protected content of their respective owners and are used for acceptable, valid, and appropriate factual, descriptive, identification and non-trademark purposes only and Athlon and Sponsor are not owners of nor have any interest in the Third Party Materials, including as a licensee. The Site is intended for informational and entertainment use only. Any and all software, platforms, page or menu organization, components, content, play mechanisms, proprietary functionality, graphic or text materials, trademarks, service marks, brands, logos, slogans, names, music, photos, videos, sounds or any other materials in or on the Game or the Site that are not Third Party Materials or owned by Sponsor (“Protected Materials”), including all acquired goodwill and market recognition associated with the Protected Materials are the exclusive, valuable intellectual property of Athlon, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Athlon. Any and all graphic or text materials, trademarks, service marks, brands, logos, slogans, names, or any other materials in or on the Game or the Site that are owned by Sponsor (“Sponsor Materials”), including all acquired goodwill and market recognition associated with the Sponsor Materials, are the exclusive, valuable intellectual property of Sponsor, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Sponsor.


9. GENERAL INFORMATION: THIS GAME IS DEVISED AS A SKILL AND KNOWLEDGE-BASED, NON-GAMBLING PROMOTION AND IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES.
The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Neither Athlon nor Sponsor is responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, other error of any kind whether human, mechanical or electronic problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, or software, failure of any e-mail or entry to be received for any reason, traffic congestion on the internet or at any website, or any other technical problems related to website entries or any combination of the foregoing, including any injury or damage to a Player's or any other person's computer. Sponsor and Athlon reserve the right to modify the Official Rules at any time for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, how tie-breaking procedures are applied and how unanticipated ties are resolved.  Any changes to the Official Rules will be reasonably made with the intention of not materially affecting the terms and conditions of the Game. In the event of inadvertent computer or operator error, the illegal or inappropriate activity of any Player or unrelated third party, the unanticipated application, failure of Site function, effect of Game mechanisms of play or individual components, software or hardware, any change of law, general market conditions or industry custom relevant to identical or similar programs or games, any force majeure events affecting the commencement, timing, operation, schedule(s) of registration, Player entry, Rounds or entry deadlines, the accrual or calculation of points, the determination, notification or posting of Winners, the application of tie-breaking procedures, or the awarding of prizes, Athlon reserves the right to modify, revise, add-to, nullify or utilize only in part the stated timing, commencement or termination of any round, period, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute rounds, periods, entry or promotion periods or schedules, or portions thereof, solely for purposes of conducting the Game in a fair and reasonable manner and determining Winners on an equal basis and without unfairly disqualifying otherwise eligible Players from winning prizes. All applicable federal, state and local laws and regulations apply. Any and all disputes in connection with the Game will be resolved exclusively in the appropriate courts in the State of Delaware.  Should there be a conflict between the laws of the State of Delaware and any other law, the conflict will be resolved in favor of the laws of the State of Delaware.  Each Player waives any and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts. Any and all lawsuits or other disputes that arise relating to the Game must be filed within one (1) year of the last day of the Game Period. The failure of Athlon and/or Sponsor to exercise or enforce any right or provision of the Official Rules shall not constitute a waiver of such right or provision.  If any part of the Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of the Official Rules will remain fully in force.

 

10. WINNERS LIST: The complete list of all Winners will be posted on the “STANDINGS” page contained on the Site and will be available for viewing on or about the Effective Date or may be obtained by emailing fantasyracing@athlonsports.com or sending a written request in a stamped, self-addressed envelope to:  Athlon Sports Communications, Inc., 2451 Atrium Way, Suite 320, Nashville, Tennessee 37214, Attn: Fantasy Racing Administration (residents of Vermont may omit postage).

 

Presented By: Mars Chocolate North America, LLC, 800 High Street, Hackettstown, New Jersey 07840

 

Produced and Administered By:  Athlon Sports Communications, Inc., 2451 Atrium Way, Suite 320, Nashville, Tennessee 37214.

 

© 2013 Athlon Sports Communications, Inc. All rights reserved.

 

All other trademarks are property of their respective owners.