OFFICIAL RULES FOR 2017 PICK ‘EM CONTEST
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Contest begins at 12:01 AM (ET) on August 28, 2017 AND ends at 11:59 PM (ET) on December 3, 2017 (the “Contest Term”).
- HOW TO ENTER: There is only one way to enter the 2017 Pick ‘Em Contest (the “Contest”): each entrant (an “Entrant”) must register on bigtimecollegepickem.com (the “Website”) to be eligible to participate. At registration, Entrants may choose to be part of a league. Only Entrants who choose to be part of a league are eligible to participate in the League Online Entry Competition.
- HOW TO PLAY: In the Contest, Entrants will compete in three competitions. Each Entrant may compete in all three competitions of the Contest, but may not submit multiple entries to the Contest, or multiple entries to the same competition. All entries for the Individual Online Entry Competition, the League Online Entry Competition, and the Weekly Tiebreaker Competition (each a “Qualifying Entry”) must be submitted through the Website.
- (a) Individual Online Entry Competition. In the Individual Online Entry Competition, Entrants will choose the winner of fifteen (15) college football games each week. In this competition, individual entrants compete against other individual Entrants to correctly pick the most winning teams, from the games included in the Contest, for the entire Contest Term. The winner will be the individual who correctly chooses the most winners of the games at the end of the Contest Term, and will be eligible to win the Grand Prize set forth in Section 4 below, subject to the terms of these Official Rules.
- (b) League Online Entry Competition. When an individual Entrant registers, such Entrant may elect to sign up to be part of a league, and compete in the League Online Entry Competition. In the League Online Entry Competition, Entrants will choose the winner of fifteen (15) college football games each week. In this competition, leagues will compete against one another for the most correct winning team picks, based on the combination of the scores of each Entrant in the league. The winner will be the league that correctly chooses the most winners of the games at the end of the Contest Term, and will win the First Prize set forth in Section 4 below, subject to the terms of these Official Rules.
- (c) Weekly Tiebreaker Competition. In the Weekly Tiebreaker Competition, individual entrants compete against one another to correctly predict the answer to the tiebreaker question, to the closest degree. A winner for this competition will be chosen every week, and that winner will be the Entrant who comes closest to the correct answer of the weekly tiebreaker question for that week, and will be eligible to win the Second Prize set forth in Section 4 below, subject to the terms of these Official Rules
- QUALIFYING ENTRY REQUIREMENTS: Each Qualifying Entry must be submitted by 4:59p.m. (EST) on the Thursday of the week in which games will be played.
No mechanically reproduced entries or illegible, incomplete, forged or altered entries will be accepted. Sponsor (as defined in Section 9 herein) is not responsible for: (i) late, lost, stolen, damaged, garbled, delayed, postage due, misaddressed, or misdirected Qualifying Entries, whether completed online or sent through the mail; (ii) technical, hardware, or software malfunctions, lost or unavailable network or internet connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender or by any of the equipment or programming associated with or utilized in this contest; (iii) the incorrect or inaccurate capture of information whether caused by Website users, tampering, hacking, or by any equipment or programming malfunction or misuse associated with or used in the contest or by Sponsor; (iv) errors of any kind whether human, mechanical, electronic, network, or otherwise arising out of or relating to the contest or Website; (v) theft, loss, destruction of, or damage to, a Qualifying Entry, in whole or in part; (vi) electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in an entrant’s e-mail account to receive e-mail messages; and (vii) any other factors beyond the reasonable control of the Sponsor. Each Entrant assumes all risk of damaged, lost, late, incomplete, invalid, incorrect or misdirected Qualifying Entries. Each entry must be submitted by the individual Entrant. Limit of one (1) entry in the Contest per person. All entries become the exclusive property of the Sponsor and will not be returned.
- PRIZE(S): The following prizes will be awarded. (a) One Grand Prize: A VIP package for four (4) people to either the Camping World Bowl on December 28, 2017 or the Citrus Bowl on January 1, 2018, including VIP parking, four (4) pre-game hospitality passes, and four (4) indoor club tickets, which Grand Prize has an approximate retail value of $1500. (b) One First Prize: A catered viewing party for twenty (20) people for a major college football game of the winner’s choosing, which First Prize has an approximate retail value of $500. (c) Sixteen (16) Second Prizes (one (1) will be awarded to the winner of the Weekly Tiebreaker Competition each week of the Contest Term): a VISA gift card with an approximate retail value of $100. All prizes will be awarded assuming that there is a sufficient number of eligible entries. Sponsor retains the right to substitute a prize or prizes of equal or greater value when necessary.
- ELIGIBILITY: The Contest is open to individual legal residents of Florida, who are 18 years of age or older as of August 28, 2017. Employees, employee’s immediate family members (spouse, parents, siblings, and children), and members of the same household of employees of Sponsor and each of Sponsor’s respective subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents are not eligible to participate in the Contest. Limit one (1) Contest entry per person; anyone who submits multiple Contest entries is subject to disqualification.
- SELECTION OF WINNER(S): Winners will be determined pursuant to the following selection process:
- (a) The Grand Prize winner will be the winner of the Individual Online Entry Competition (that is, the individual who picked the highest number of winning teams of games during the Contest Term), which will be determined as of December 3, 2017. In the event of a tie between two or more Entrants, the Grand Prize winner will be selected at random from the tied Entrants.
- (b) The First Prize winner will be the winner of the League Online Entry Competition (that is, the league that picked the highest number of winning teams of games during the Contest Term), which will be determined as of December 3, 2017. The league organizer (who will be identified through the registration process) will serve as contact for the league. In the event of a tie between two or more leagues, the First Prize winner will be selected at random from the tied leagues.
- (c) The Second Prize winners will be the weekly winners of the Weekly Tiebreaker Competition (that is, those individuals whose prediction entered in a Tiebreaker Entry is closest to the actual result of the weekly tiebreaker question as of the Monday of the week following the posting of the weekly tiebreaker question). In the event of a tie between two or more Entrants for the closest result on the tiebreaker question for a given week, the Second Prize winner will be selected at random from the tied Entrants.
Winner(s) will be selected based on the criteria above by a representative of the Sponsor, whose decisions are final on all matters relating to this Contest. Winners will be notified by e-mail and/or phone. Sponsor or its representatives will use reasonable efforts to contact a winner within the twenty-four (24) hours following the announcement of the winner of each competition. The winner of the Grand Prize and the winner of the First Prize will be announced on December 3, 2017, and the Second Prize winners will be announced each Monday of the week following the posting of the relevant question. Making two (2) separate attempts, within at least four (4) hours of one another, to contact a winner shall be considered a “reasonable effort” on the part of Sponsor or Sponsor’s representatives. In the event Sponsor or Sponsor’s representatives put forth reasonable effort to contact a winner, and cannot, Sponsor, in Sponsor’s sole and absolute discretion, may deem such winner disqualified, and select another winner using the above criteria.
The prizes are not redeemable for cash and may not be transferred or substituted. If by reason of a printing or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
- VERIFICATION OF WINNER(S) AND DELIVERY OF PRIZE(S): Any winner of a competition will be required to sign an Affidavit of Eligibility and Liability Release and, where permitted, a Publicity Release. Prizes may be awarded to alternate winners selected randomly, using the above criteria, from other eligible Entrants if: an Affidavit/Release is not returned within ten (10) days after mailing it to such winner; a winner fails to meet the eligibility requirements set forth in Section 3; the prize notification letter(s) or prize(s) are returned as undeliverable; or a winner declines the prize(s).
- DISPUTE RESOLUTION
(a) Informal Dispute Resolution. Prior to filing any arbitration proceeding pursuant to Section 6(b) hereof, the party intending to file such a proceeding shall notify the other party in writing of the existence and the nature of the dispute. The parties each agree that within ten (10) business days of the other party’s receipt of such notice, a representative of each party shall meet for a minimum of one (1) eight (8) hour day, or such shorter period of time if the dispute is more quickly resolved, in Orlando, Florida in order to attempt to amicably resolve the dispute. If such informal dispute resolution attempts prove to be unsuccessful, the notifying party may initiate the dispute resolution procedures available as set forth herein. Each party shall bear its own costs associated with the meeting and in no event shall either party be liable to the other for any costs or expenses incurred as a result of such meeting.
(b) Arbitration. Except as provided in Section 6(c) with respect to injunctive proceedings, and Section 6(a) with respect to informal dispute resolution, all controversies, disputes or claims arising between the parties arising out of or related to the contest shall be submitted promptly for arbitration to be conducted in Orlando, Florida, and administered by the American Arbitration Association. Such arbitration proceedings shall be resolved by a single arbitrator selected by Sponsor. The arbitrator shall have the right to award or include in the award any relief deemed proper under the circumstances, including attorneys’ fees and costs incurred by the prevailing party. The award and decision of the arbitrators shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction. The parties waive any right to contest the validity or enforceability of such award.
(c) Injunctive Relief. By participating in the Contest, all Entrants acknowledge that a participant’s violation of these Official Rules would cause irreparable harm that would not be adequately compensable by monetary damages. In addition to other relief, it is agreed that preliminary and permanent injunctive relief will be available to prevent any actual or threatened violation of such provisions.
- GENERAL: This contest is void where prohibited or restricted by law and is subject to all applicable federal, state and local laws and regulations. The contest shall in all respects be governed by, and construed in accordance with, the laws of the State of Florida, including all matters of construction, validity and performance, without giving effect to its conflict of laws provisions. Taxes and fees, if any, are the sole responsibility of any winner. Winner may be required to sign an IRS form 1099 or the equivalent. By participating in this contest, each Entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor, and warrants that he or she is eligible to participate in the Contest. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entrant from this contest or any other promotion conducted now or in the future by Sponsor and each of its Affiliates, and agents if the Entrant tampers with the entry process or his or her fraud or misconduct affects the integrity of the Contest. Sponsor reserves the right to cancel, terminate or modify the Contest should any virus, bug, tampering, technical failure, unauthorized human intervention or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. The Sponsor and its Affiliates are not liable to a winner or to any other person or Entrant for failure to supply the prize described herein (or any part thereof) by reason of such prize (or any portion thereof) becoming unavailable, impractical, or impracticable to award for reasons beyond the reasonable control of the Sponsor, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause beyond the reasonable control of the Sponsor. All winners agree to hold harmless and indemnify Sponsor and its Affiliates from any and all liability, loss or damages or causes of action arising from or in connection with Entrant’s participation in or any winner(s)’ receipt or use of the prize(s) awarded in the Contest. All winners agree to the use of their name, likeness, biographical data, and/or voice in any and all advertising, promotions, and other publicity conducted by Sponsor or Affiliates in any medium without additional authorization, compensation or remuneration to the extent permitted by law. Sponsor is responsible only for delivery of prize(s), not for use, utility, quality or otherwise.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEBSITE OR ANY CONTEST SITE, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, IS A VIOLATION OF APPLICABLE LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW AND TO DISQUALIFY SUCH PERSON FROM THE CONTEST. BY SUBMITTING AN ONLINE ENTRY, EACH ENTRANT AGREES THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE RELEASED AND HELD HARMLESS BY ENTRANT AND ENTRANT’S HEIRS, EXECUTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR ANY CLAIMS, LIABILITIES, OR CAUSES OF ACTION OF ANY KIND OR NATURE FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING, WITHOUT LIMITATION, DISABILITY OR DEATH, AND DAMAGE TO PROPERTY, DUE IN WHOLE OR IN PART, ARISING DIRECTLY OR INDIRECTLY, NOW OR IN THE FUTURE FROM THE DELIVERY, ACCEPTANCE, USE OR MISUSE OF ANY PRIZE, ANY AND ALL USE AS PROVIDED HEREIN OF ENTRANT’S ENTRY, OR PARTICIPATION IN THIS CONTEST AND/OR ANY RELATED CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE AND ANY CONTEST SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WINNER(S) LIST: Following the expiration of the Contest Term, to obtain the list of winner(s), send a self-addressed, stamped envelope to: Bigtime College Pick ‘Em c/o Florida Citrus Sports, 1 Citrus Bowl Place, Orlando, FL 32805. Requests must be received by January 31, 2019. The list will be sent after selection of winner(s).
- SPONSOR: Florida Citrus Sports, 1 Citrus Bowl Place, Orlando, FL 32805
- AFFILIATES: All of Sponsor’s subsidiaries, affiliates, directors, officers, owners, advertising and promotion agencies, and agents.