SportsPicker 2012 August 27-29 Baseball Challenge Rules
SportsPicker 2012 August 27-29 Baseball Challenge
Official Rules for the 2012 August 27-29 Baseball Challenge
NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND WASHINGTON, DC, 18 AND OVER. VOID WHERE PROHIBITED. U.S. LAW GOVERNS.
1. ELIGIBILITY: The SportsPicker 2012 August 27-29 Baseball Challenge (the “Challenge”) is open only to legal residents of the fifty (50) United States and Washington, D.C., who are eighteen (18) years or older as of the day of entry and are registered members of SportsPicker. Registration is free and is further described below. Employees of (i) OHK Labs, LLC or its parent or affiliated companies, or (ii) any entity directly connected with the development, implementation or marketing of this Challenge, and the immediate family (spouse, parents, siblings and children) or household members of each such employees are not eligible to enter or win prizes. This Challenge is void 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 decisions. The decisions of the Sponsor in regards to all matters of this Challenge are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
3. SPONSOR; ADDRESS: This Challenge is sponsored by OHK Labs, LLC (“OHK”, “OHK Labs” or the “Sponsor”), 2200 Butts Road Suite 200, Boca Raton, FL 33431.
4. ENTRY PAGE: To access the Challenge, log-on to the Challenge’s web page at http://apps.facebook.com/sportspicker
5. SPORTSPICKER REGISTRATION: To play the Challenge, you must be a registered member of Facebook.com. Registration is free for Facebook.
a. NOT YET A MEMBER: Sign up at Facebook.com, you will be required to give your name and email address. The email address will be used to contact you in regards to winning any prize. After successfully registering for Facebook, you must install SportsPicker at http://apps.facebook.com/sportspicker, you must allow your email address to be shared with OHK Labs to successfully be registered for the prizes.
b. ALREADY A MEMBER: If you are already a member of Facebook.com, then you do not need to register again. You may enter the Challenge by logging in on http://apps.facebook.com/sportspicker and allowing the app installation. This will share your email address with OHK Labs and be considered a valid entry for the prize competition
c. PASSWORDS: You are responsible for the secrecy of your password. Sponsor will never ask you for your password, and if someone posses as Sponsor and requests your password, DO NOT RESPOND OR GIVE IT OUT. Sponsor is not responsible or liable for any actions taken using your password, including any damages.
6. TIMING: The Challenge will apply to SportsPicker listed baseball games played during the period beginning August 27, 2012 and ending with the last SportsPicker listed baseball game played on August 29, 2012.
7. HOW TO ENTER.
a. LOG ON TO THE SPORTSPICKER APPLICATION: Click “Join” next to the August 27-29, 2012 SportsPicker Baseball Challenge. Make your picks from the “Picks” page by selecting the Picks button and choosing which teams you believe will win every game. Simply click to pick and the pick will save.
b. LIMIT: One (1) entry per person, regardless of the number of email addresses or registered member accounts.
c. 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 or to obtain more than one (1) entry into the Challenge by using multiple/different email addresses, identities or any other methods, 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.
d. CHANGE OF EMAIL ADDRESS: It is the sole responsibility of the entrant to notify the Sponsor if his or her e-mail address changes. To do so, email email@example.com with the user’s name, old email address, and new email address.
e. SPONSOR NOT RESPONSIBLE:
1) Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.
2) Sponsor is not responsible for any unavailability of or interruptions to any service or equipment used in connection with the Challenge, 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.
f. DISPUTES: In the event of a dispute as to any entry, entry will be awarded to the person named on the applicable entry page. Potential winners may be required to show proof of identification. Sponsor may require that the potential winner provide proof that he/she is the actual entrant of the winning entry.
8. HOW TO PLAY: On your “Picks” page, you’re challenged to select the outcome of all matchups listed in the Challenge. The games will lock 5 minutes before the start time and scores will be updated upon completion of the game. Sponsor reserves the right to cancel posted matchups or make other adjustments as needed in Sponsor’s sole discretion, for example due to player injuries, player absences, weather cancellations, late or early starts, technical malfunctions or any other reason. In all such cases, the Sponsor’s decision is final, binding and non-appealable.
At the beginning of the Challenge, all users will start with zero points. If you correctly pick a matchup winner, you will receive the number of points delegated for that team. The point values correspond with the odds of each team winning the game; the most a team can be worth is 200 points and the least 100 points. Track your global standings on the “Ranks” page. STANDINGS listings are unofficial and will not necessarily correlate with final qualified winners. Sponsor reserves the right in its sole discretion to run special pick related promotions within the Challenge Period.
You are not required to play every day, but you will miss out on valuable points if you do not pick games.
9. PRIZES AND TIEBREAKERS: The Challenge will include:
a. PRIZE POOL: Places 1-3 – Cash value of Prize Pool $50 (given as website gift cards to amazon.com): The top 3 eligible entrants who accumulates the top 3 point values during the entire Challenge tournament will be the Prize Pool winners. The prizes will be broken down parts of total prize pool. 1st Prize place will receive ($25) of the Prize Pool, 2nd Prize place will receive ($15), and 3rd Prize place will receive ($10) In the event that two (2) or more entrants are tied for a prize, the following tiebreakers will take place in the indicated order:
1. Prize tied entrant with the higher winning percentage during the Challenge will be the winner.
2. If a tie still exists, the Prize tied entrant with more total wins during the Challenge will be the winner.
3. If a tie still exists, the winner will be the Prize tied entrant with the earliest Challenge submission date and time as determined by the Sponsor.
The approximate retail value of all potential prizes is $50. Prizes will be fulfilled six to eight weeks after the end of the Challenge. Sponsor disclaims all warranties and offers prizes on as-is basis, other than warranties that may be available to winning entrant directly from manufacturer.
ONLY ONE PRIZE PER INDIVIDUAL PER CHALLENGE: If an entrant qualifies for two prizes, the prize greater in value will be awarded and alternate winners selected for the other prize(s). In no event will more than the stated number of prizes be awarded.
Prizes are subject to change to items of equal or greater value. All participants will be notified via email of prize changes.
10. 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 ELIGIBILITY 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 an alternate prize or cash if the listed prize becomes unavailable.
c. PRIZE TAXES: All federal, state or other tax liabilities arising from this Challenge are the sole responsibility of the winner. Recipients of prizes at $600 or more in a calendar year will be required to provide social security number or taxpayer identification number, along with other documentation reasonably requested by winner, in order to allow sponsor to issue a required IRS Form 1099-MISC showing total prize value as income to winner. Failure to provide the required IRS information will result in prizes in excess of $600 will not be awarded to non-compliant winner(s).
d. PRE-VERIFICATION: In addition to the verification procedures for winners and potential winners, entrants may be subject to “pre-verification” by Sponsor. Sponsor may contact entrants via onscreen pop-up notification and/or email sent to the email address with which entrant registered, seeking pre-verification of entrant’s eligibility, and requesting contact information or other information from such entrant.
e. “PRIZE NOTICE” VIA EMAIL OR MAIL: Potential winners will be notified via email (or overnight mail) sent within three days following the end of the Challenge. Entrants are responsible for insuring that all mailing and e-mail information is up-to-date and accurate.
f. ALTERNATE POTENTIAL WINNERS; DISQUALIFICATION: A potential winner will be disqualified and an alternate potential winner may be selected if the potential winner (i) does not comply with these Official Rules (or is otherwise determined to be ineligible), (ii) 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, (iii) fails to comply with other rules set by Sponsor; or (iv) if 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 judgment to determine, in its sole discretion, the disposition of the prizes (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).
g. RELEASES AND AFFIDAVITS: As a condition of receiving a prize, potential winners (and travel companions) 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 winner notification. Failure to comply will result in disqualification and selection of alternate winner, time and circumstances permitting.
h. RELEASE: By participating in this Challenge or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, Facebook 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 Challenge (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, receipt of prize in this Challenge constitutes winner’s consent to Sponsor and its agents’ use of entrant’s name and identifying 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.
11. CONDITIONS OF PARTICIPATION:
a. CONDUCT: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Challenge 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 CHALLENGE 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 Challenge 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 Challenge, 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, prizes may be awarded in any manner deemed fair and appropriate by Sponsor.
12. GAMBLING PROHIBITION: This Challenge is strictly for entertainment purposes and may not be used in connection with any form of gambling. Entrants using SportsPicker or a Challenge for gambling or sports wagering are disqualified from participating in the Challenge and SportsPicker membership.
13. LIMITATIONS OF LIABILITY: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, including incorrect prize or winner notifications, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Challenge; (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 Challenge; and (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 Challenge, access to, copying or downloading materials from SportsPickerApp.com or any other website, or receipt or use of any prize.
14. 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 Challenge 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 Palm Beach County, Florida; (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. Florida law, without reference to Florida’s choice of law rules, governs the Challenge and all aspects related thereto, the participants expressly waiving any other forum that they may be entitled to in light of their current or future domiciles.
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