OFFICIAL CONTEST RULES


ATHLON SPORTS/BORAL BRICK

2008 Kirby Risk Bracket Breakdown Challenge

 

2008 OFFICIAL GAME RULES

 

1. NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN: This Game ("Game") begins with the commencement of the registration period at 12:00:01 AM Eastern Time on March 1st, 2008 and continues through the end of the viewing period of posted Winners on the Standings Page at 11:59:59 PM Eastern Time on April 18th, 2008 ("Promotion Period"). THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION, and is intended solely for entertainment purposes. From all eligible entries received, Winners will be determined based on their ability to use their skill and knowledge of college basketball players and teams to select winning teams during the college basketball national champion play-offs for the 2008 college basketball season.

 

2. ELIGIBILITY: The Game is open to legal residents of one of the fifty (50) United States or the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. and foreign territories and possessions) ("Eligibility Area") who are 18 years of age or older at the time of entry, have the ability to enter into valid contracts in their personal jurisdiction of residence, and are customers or trade partners of Kirby Risk Electrical Supply ("Sponsor"). Only individuals may enter. One entry per person. Additional entries from any individual using different e-mail addresses will be disqualified. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Sponsor's employees and excluded residents may play, but WILL NOT be eligible to receive any prizes. Employees and directors of Sponsor and Athlon Sports Communications, Inc. ("Athlon Sports") and each of their respective affiliates, subsidiaries, franchisees, advertising and promotional agencies, and each of their respective officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households are ineligible to win or collect prizes in the Game. By participating, Entrants agree to these Official Rules and to the decisions of Athlon Sports and the judges, which are final and binding in all respects. Entrants agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

 

3. HOW TO REGISTER: Beginning 12:00:01 AM Eastern Time on March 1st, 2008 and through 11:59:59 PM Eastern Time on March 20th, 2008 ("Game Period"), Entrants will log on to www.kirbyrisk.bracketbreakdown.com ("Site") and follow the instructions to complete the Official Entry Form and correctly identify each of the college basketball teams that Entrant determines will advance through each round of the national tournament, beginning with the first-round games on March 20th -- 21st, 2008 ("Round 1") through the final Round ("Round 6") on April 7th, 2008, including the selection of the national champion, from the entire starting field of 64 college basketball teams ("entry" or "entries"). Entrants must submit their entry electronically no later than thirty (30) minutes prior to the start of the first Round at 11:00:00 AM Eastern Time on March 20th, 2008 ("Entry Deadline"). In order for any entry to be valid, Entrants must indicate their acceptance of the Official Rules. Entrant data will be used to administer the Game and for other Sponsor promotions. All data is proprietary to Sponsor and will not be used for third party solicitations. Lost, late, illegible, incomplete or misdirected entries are not eligible. Neither Athlon Sports nor Sponsor is responsible for any 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 an Entrant's or any other person's computer.

 

Rounds Schedule:

 

Round

Dates

Time

Number of Games

Round 1

March 20th -- 21st, 2008

TBD

32

Round 2

March 22nd -- 23rd, 2008

TBD

16

Round 3

March 27th -- 28th, 2008

TBD

8

Round 4

March 29th -- 30th, 2008

TBD

4

Round 5

April 5th, 2008

TBD

2

Round 6

April 7th, 2008

TBD

1

 

4. HOW TO PLAY/ACCRUE POINTS/PRIZES: Entrant will select and click on the team he/she predicts will win each game for all Rounds and, for the national championship game, select both the winning team and the total number of points he/she predicts will be scored in the national championship game ("Total Score Prediction") and the total number of rebounds (as defined in the official box score) he/she predicts will be pulled in the national championship game by both teams ("Total Rebound Prediction"). Entrants will accrue points as follows ("Point Schedule"):

 

Round 1- One point per correct selection (64 teams compete to determine 32 winners)

Round 2- Two points per correct selection (32 teams compete to determine 16 winners)

Round 3- Four points per correct selection (16 teams compete to determine 8 winners)

Round 4- Six points per correct selection (8 teams compete to determine 4 winners)

Round 5- Eight points per correct selection (4 teams compete to determine 2 winners)

Round 6- Ten points per correct selection (2 teams compete to determine 1 winner)

 

One Entrant will be selected to receive the Grand Prize. The Entrant earning the most cumulative points at the end of the Game based on the Point Schedule will be the Grand Prize Winner. The Entrant earning the second most cumulative points at the end of the Game based on the Point Schedule will be the 1st Runner-up Winner. The Entrant earning the third most cumulative points at the end of the Game based on the Point Schedule will be the 2nd Runner-up Winner. In the event of a tie between Entrants at the end of the Game, each Entrant's Total Score Prediction will be used to break any ties. The Entrant whose Total Score Prediction is closest to the actual points scored in the championship game will be determined the Winner, 1st Runner-up Winner, and 2nd Runner-up Winner. If Entrants remain tied after the Total Score Prediction tie-breaker, each Entrant's Total Rebound Prediction will be used to identify the Entrant whose Total Rebound Prediction is closest to the actual number of rebounds in the championship game, resulting in the determination of the Winner, 1st Runner-up Winner, and 2nd Runner-up Winner. To cancel Entrant participation in the game, the Entrant is required to send an email to bracketbreakdown@athlonsports.com requesting that he/she be removed. All of Entrant's points accrued will then be forfeited.

 

In the event that two or more Entrants remain tied after applying all tiebreaker procedures (as would be the case with identical entries), the first Entrant to submit his/her entry will be determined the Winner. Athlon Sports and Sponsor reserve the right to award equal prizes to all tied Entrants where the sum total of all prizes awarded is equal to the ARV of the prize designated for that prize.

 

The Grand Prize Winner will win an autographed basketball of Winner's choice (ARV $500.00); the 1st Runner-up Winner will win a set of two (2) Omaha Steaks gift certificates (ARV $476.00); the 2nd Runner-up Winner will win a Omaha Steaks gift certificate (ARV $238.00).

 

5. ODDS OF WINNING: The Game is a game of skill and an Entrant's chances of winning depends on his/her skill and ability to pick winning teams and accrue more points than all other Entrants in the Game and his/her ability to accurately predict total number of points scored. The odds of winning any prize depends upon the Entrant's selections and the total number of Entrants and upon the total number of eligible entries received.

 

6. PRIZE AWARDING: The Winners will be, upon confirmation of eligibility and execution of requested eligibility and release documents will be awarded the prizes described in paragraph 4 above.

All prizes will be awarded. The total ARV of all prizes is $1,214.00. Prizes may not be combined with any other offer. Winners will be responsible for any and all federal, state, and local taxes incurred in winning and accepting any prizes (including any taxes) and all other expenses incurred in winning and accepting the Prizes. Dollar amounts are expressed in U.S. currency. Winners may receive an IRS 1099 form reporting the value of their prize. By accepting a prize, Winners waive the right to assert as a cost of winning said prize, any and all costs of redemption or travel to redeem said prize, and any and all liability that might arise from redeeming or seeking said prize. The ARV of the prizes set forth above represents Sponsor's and/or Athlon Sports' good-faith determination of the retail value thereof. Winners will be initially identified, subject to eligibility, on or about seven (7) business days following the date of the last Round ("Effective Date"), by Sponsor, Athlon or its agent, the judge of the game whose decisions are final and binding. Winners will be notified by overnight mail and/or email, at Athlon's Sports' discretion, on or about fourteen (14) business days following the Effective Date ("Notification"). The complete identification of all winning Entrants shall be posted on the "STANDINGS" page of the Site and available for viewing no later than March 31st, 2008 or by sending written request in a stamped, self-addressed envelope for receipt no later than March 31st, 2008 to: Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203. Winners must provide positive identification in such form as is specified by Sponsor or Athlon Sports to claim a prize. Return of Notification as undeliverable will result in disqualification and selection of an alternate winner. Prizes will be awarded only upon winner validation and verification by Sponsor and/or Athlon Sports. All prizes must be redeemed by the Winner no later than thirty (30) days following Athlon Sport's confirmation of Notification. In the event of a dispute as to the identity of a Winner, the individual who was, at the time of entry, at Athlon Sports' sole discretion, the registered holder of the email account used to enter the Game, will be deemed the eligible Entrant. It is the sole responsibility of the Entrant to notify the Sponsor during the Promotion Period if his/her email address changes. No transfer or assignment of any prize is permitted. No substitution of any prize will be permitted, except that Athlon Sports reserves the right, at its sole discretion, to substitute any prize with either the cash value of the applicable prize that would otherwise have been awarded, or a prize or prizes of equal or greater value, in the event that such prize is unavailable. If the initially selected Winner cannot be contacted, is ineligible, fails to claim a prize, or if the prize is returned as undeliverable, the prize will be forfeited and an alternate Winner will be selected. Acceptance of a prize constitutes permission for Athlon, Sponsor, and their respective designees to use of Winner's name, likeness, statements, voice, opinions, biographical information and state of residence for promotional purposes in any media without notice, further payment, consideration, credit, or right of approval or review (except void where prohibited by law). Winners will be required to sign an affidavit of eligibility and liability release within five (5) days of Athlon Sports' and/or Sponsor's request (except void where prohibited by law).

 

7. 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 Game entry services "on behalf of" Entrant) is strictly prohibited. Neither Athlon Sports nor any 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, or other error of any kind whether human, mechanical or electronic. Persons found tampering with or abusing any aspect of the Game, as solely determined by Athlon Sports and/or the Sponsor, will be disqualified. If disqualified for any of the above abuses, Athlon Sports reserves the right to terminate such person's eligibility to participate in the Game and future contests sponsored by Athlon Sports. Entrants further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon Sports from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. Any attempt to damage any website of Athlon Sports and/or the Sponsors, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules as well as criminal and civil laws. Athlon Sports reserves the right to seek remedies and damages from any responsible individual to the fullest extent permitted by law. In the event any portion of this Game is compromised by any virus, bugs, non-authorized human intervention or other causes beyond the control of Athlon Sports which, in the sole opinion of Athlon Sports or the Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon Sports reserves the right to modify, suspend or terminate the Game. In no event will more prizes be awarded than those listed above in paragraph 7.

 

8. LIMITATION OF LIABILITY: By registering for and participating in the Game, Entrants agree (a) to these Official Rules, and the decisions of Athlon Sports, the Sponsor and the judges, which shall be binding and final in all respects, and Sponsor's and/or Athlon Sport's privacy policy and terms and conditions; (b) to release the Sponsor and Athlon Sports from all liability, loss or damage arising out of participation in the Game and with respect to the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Athlon Sports and/or Sponsor by mail, telephone and/or email; and (d) acknowledge that neither Athlon Sports nor the Sponsors make 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 registering for and participating in the Game, the Winners release Athlon Sports and Sponsor, their respective officers, directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property that may be sustained in connection with the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or arising out of participation in this Game, or while preparing for, participating in, and/or traveling to any prize-related activity. IN NO EVENT WILL Athlon Sports, THE SPONSOR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors 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.

 

9. COMMUNICATIONS: Any information Entrants provide to Athlon Sports and the Sponsor will be used to communicate with the Entrant in relation to this Game. Athlon Sports and/or the Sponsor may also share this information with third parties who are participating in the Game. Athlon Sports will collect and use personal data in accordance with its privacy policy available for review at www.athlonsports.com.


10. GENERAL INFORMATION: Athlon Sports reserves the right to modify the Official Rules for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, including in the event of unanticipated events leading to unexpected tied Entrants, and what prizes will be awarded. 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 or force majeure events affecting the schedule(s) of Rounds or entry deadlines, Athlon Sports reserves the right to nullify or modify any Round or its identified timing and/or schedule and/or, in their sole discretion, to implement substitute Rounds, schedules, or portions thereof, solely for purposes of determining winning Entrants on an equal basis and without unfairly disqualifying otherwise eligible Entrants from winning prizes. Neither Athlon Sports nor Sponsor is affiliated with, endorsed by, or licensed by, any of the players, teams, leagues, or their sponsors or Entrants identified in connection with this Game, and none are a sponsor of or associated with the Game in any way. Player, team, league and other associated names are the trademarks of their respective owners and are used for factual, descriptive purposes only. All trademarks, logos and images pertaining to any of the above ("Third Party Marks") contained within the Site are the property of their respective owners. The Site is intended for informational and entertainment use only. 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 Nashville, Tennessee. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. Each Entrant 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 Promotion Period. The failure of Sponsor or Athlon Sports 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.

 

Personally identifiable information that is submitted by Entrants as a part of this Game, including Entrants' name, address, telephone number and e-mail address will be used by Sponsor and Athlon Sports to (1) administer the Game; (2) notify the Game Winners; and (3) fulfill prizes and will be treated in accordance with Sponsor's Privacy Policy which is accessible on its website at http://www.athlonsports.com/privacy.html.

 

Sponsored By: Kirby Risk Electrical Supply

 

Produced By: Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203.

 

The Game and all accompanying materials are © 2008 Athlon Sports Communications, Inc. All rights reserved.