Official Rules - Football Pick'em

(In the following, “JT Entertainment” and “CollegeRivals.org” will be used interchangeably).

THE FOLLOWING PROMOTION IS INTENDED FOR PLAY IN THE FIFTY (50) UNITED STATES ONLY, AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS GAME IF YOU ARE NOT LOCATED IN THE UNITED STATES.

NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS GAME IS STRICTLY FOR ENTERTAINMENT PURPOSES ONLY.

1.GENERAL: These are the official rules, (the "Official Rules") for CollegeRivals.org Pick’em Games (the "Game,” “Pick’em,” or “Pick’em Game”). The Game is sponsored by JT Entertainment (CollegeRivals.org). These official rules at the “Terms” to which you must agree in order to participate in any of our pick’em games. These Terms are subject to updates periodically. If you do not agree with these Terms, then please do not participate.

2. ELIGIBILITY: The Game is open and offered only to legal residents of the fifty (50) United States, including Washington, D.C., who are thirteen (13) years or older as of the date of entry. Void outside the fifty(50) United States (including D.C.), in Quebec, in Puerto Rico, other U.S. Territories, and where prohibited by law. Entrants (an "Entrant") must have Internet access on or prior to the date they enter the Game to be eligible to participate. The following persons are not eligible to participate in this Game: (i) employees of Sponsor, Promoter, subsidiaries or parent corporations (ii) employees of advertising/promotion agencies or web masters directly involved with promoting or advertising the Game, (iii) and any immediate family (the spouse, children, parents, siblings) or members of the same household (whether or not related) of any such employees. From all eligible entries received, the winners will be determined based on their ability to use their skill and knowledge of U.S. college football to accumulate the most points in this Game during the weeks of the 2005 U.S. college football season consisting of all games from August 2005 through December 5, 2005, ("Point Accumulation Period"), as defined in Section 5 below, for the Game.

3. HOW TO ENTER: Game entries will be accepted beginning August 20, 2005 at approximately 8:00 a.m. Eastern Time (ET) and ending on December 6, 2005 at approximately 12:00 p.m. ET. For purposes of these Official Rules, all times are Eastern Time (ET). For the purposes of the Game, a week shall begin on Sunday of a calendar week and end the following Saturday. The Game shall close on Sunday, December 6, 2005, at approximately 12:00 p.m. Entrant may enter at any time from August 20, 2005 at approximately 8:00 a.m. until December 6, 2005 at approximately 12:00 p.m., but Entrant's points will only accrue beginning from the time that Entrant first enters. In order to maximize the opportunity to accrue the most points, Entrant should register and submit his or her entry no later than the first kickoff of the first game on Saturday, September 1, 2005 at 8:00 a.m.).

To access the Game, log on to http://www.CollegeRivals.org. Membership registration is free. If Entrant is not a member, Entrant may register by clicking on the link as indicated on the Game entry page and following the instructions. Entrant will be asked to provide his or her name, e-mail address, mailing address, zip code, birth date, gender and to select a password. (Entrant should maintain the secrecy of his or her password. Entrant will be solely responsible for any and all actions taken using his or her password. Neither Sponsor, Promoter, nor any other party will bear any responsibility or liability for any actions taken using Entrant's password.) Entrant will consent to receive promotional e-mails (from CollegeRivals.org and its promoters/sponsors), and those emails which the Sponsor or Promoter deem are directly relevant to participation in this Game. If Entrant is a member, Entrant may enter the Game by first logging in to the system with his or her current member name and password. Only online entries submitted through the registration page in accordance with these Official Rules will be accepted. No faxed, mailed, e-mailed, phoned or other entries are allowed. 

Entrant will also consent to the rules of the Bulletin Board Agreement in order to become a member of this game/website.

LIMIT: ONE ENTRY PER PERSON (REGARDLESS OF WHETHER ONE PERSON HAS MORE THAN ONE EMAIL ADDRESS) OR E-MAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME E-MAIL ADDRESS). SPONSOR MAY VOID ALL ENTRIES FROM ANY PARTICIPANT WHO OBTAINS OR ATTEMPTS TO OBTAIN MORE THAN ONE ENTRY.

E-MAIL CHANGE OF ADDRESS POLICY: It is the sole responsibility of the Entrant to notify CollegeRivals.org if his or her e-mail address changes.

Sponsor, Promoter, and their respective agencies are not responsible for lost, interrupted or unavailable network, server or other connections, miscommunications, failed phone, satellite, or computer hardware or software or telephone transmissions or technical failures, or garbled, misdirected or jumbled transmissions, or service provider/Internet/website/use net accessibility, availability, or traffic congestion, or other errors of any kind, whether human, technical mechanical or electronic; including without limitation the incorrect or inaccurate capture of entry information, or the failure to capture any such information online, or for lost, late, incomplete, damaged, destroyed, delayed, stolen, misdirected or illegible entries. Entry materials/data that have been tampered with or altered are void. Once submitted, entries become the sole property of Sponsor and will not be returned. In case of dispute as to identity of a winner, such entry will be declared made by the registered user of the e-mail account and /or password (as solely determined by Sponsor and/or Promoter), and if a prize is won, and such registered user is a valid Entrant, the prize will be awarded to such registered user. The potential winner may, in Sponsor's sole discretion, be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address and/or password associated with the winning entry.

4. GAMBLING PROHIBITION: This Game may not be used in connection with any form of gambling. The Game is strictly for entertainment purposes only.

5. HOW TO PLAY: After registering, entrants can participate in the Game. The objective of the Game is to correctly select the "winning pick" for each of the selected College football games each week throughout the Point Accumulation Period. All game selections must be finalized by 8 am (ET) on Saturday morning. The "winning pick" is defined as the team which scores the most points during the game. In the event a scheduled college game listed does not occur as scheduled (i.e., a game is cancelled) no points will be awarded.

Scoring: Each of the college teams has a corresponding value (that is determined by the registered users, and how many have picked each team in a match-up). This value is determined by the inverse of the percentage of participants that selected that particular team to win the game. The final value is the amount of points your entry will earn if the team you select wins its game. For example, if USC was playing UCLA, and 80% of the participants selected USC to win, a participant would earn 20 points if they selected USC and USC won the game. The lower the value is, the higher the percentage of entrants that think that team is going to win the game.

Weekly Tiebreaker: Entrants are allowed (but not required) to submit a predicted score for the tiebreaker game of each week as indicated as such in the selection area. The tiebreaker game is the final game listed for the week, unless otherwise noted. This prediction is used for weekly tiebreaker purposes only. If no predicted score is submitted for an entry, it is given a default prediction of 0 points to 0 points. It is possible for a default prediction to win a tiebreaker. Entrants who begin participation after the start of the Point Accumulation Period has begun will not receive points for the week(s) they have missed.

6. PRIZES/WINNER SELECTION: There will be one (1) Grand Prize overall winner, one (1) Second Prize overall winner, one (1) Third Prize overall winner, and One-Per-Week Weekly Winner prizes awarded. Winners will be chosen using the following criteria:

The Grand Prize winner will be judged by Sponsor as the Entrant whose entry has accumulated the highest point total over the entire Point Accumulation Period and that wins any necessary tiebreaker(s). The Second Prize winner will be judged by Sponsor as the Entrant whose entry has accumulated the second highest point total over the entire Point Accumulation Period and that wins any necessary tiebreaker(s). The Third Prize winner will be judged by Sponsor as the Entrant whose entry has accumulated the third highest point total over the entire Point Accumulation Period and that wins any necessary tiebreaker(s). Entrant's points will only accrue beginning from the time that Entrant first enters. Entrant will accrue zero (0) points for any given week in which Entrant does not participate in the Game. In the event of a tie between two (2) or more entries at the end of the game (total points being the same), the winning entry will be determined by the following tiebreakers, in order of listing:

Tiebreaker #1 - Higher number of points scored for week 13
Tiebreaker #2 - Higher number of points scored for week 12
Tiebreaker #3 - Higher number of points scored for week 11
Tiebreaker #4 - Higher number of points scored for week 10
Tiebreaker #5 - Higher number of points scored for week 9
And so on…..

Tiebreakers will continue backwards from week 9 (or the final week of pickem) until week 1. In all cases, an entry that does not win a tiebreaker is eliminated from consideration.

One Weekly Prize will be awarded each week within the Point Accumulation period to the Entrant whose entry accumulates the most points from the games of the previous weekend. For Game purposes, the weekend is defined as consisting of any regular season U.S. college football games played on a Saturday within the Point Accumulation Period. In the event of a tie between two (2) or more entries, the winning entry will be determined by the following tiebreakers, in order of listing:

Tiebreaker #1 – Which entrant picked the correct winner of the tie break game (ie Last game listed on the weekly pick sheet, and/or the game associated with the Score prediction.)

Tiebreaker #2 – Taking the sum of the guessed scores vs. the sum of the correct scores of the tie break game, and the winner being who ever is closest. (Example: If the last game of the week is Team A vs. Team B, and Player one guesses Team A to score 7pts and Team B to score 3pts, then Player one would have a sum of 10. If Player two had a sum of 21, and the REAL score between Team A&B was 11, then Player One would win.)

Tiebreaker#3 –Finally, if no winner can be determined using this method, the winner/tie break will be determined by “Submission Time” of picks for that particular week. The tie break going to the earlier “Submission Time” of ones picks. (Example: If player one submits his picks on Monday at noon, while player two submits his picks Tuesday at 9 am, the winner would be player one because he/she got their picks in earlier.) Note: If you make your picks on a given day (Ex: Monday) but then update them at some point later in the week (Ex: Thursday), your submission time will be changed from Monday to Thursday (or whatever your actual time may be).

In all cases, an entry that does not win a tiebreaker is eliminated from consideration.

7. NOTIFICATION: Potential winners will be determined on or about five (5) days after the end of any week for prizes for the week and on or about five (5) days after the end of the Point Accumulation Period for the overall prizes; and notified by email or regular or overnight mail within approximately five (5) days thereafter. If a potential winner does not respond to a notification within ten (10) days of its transmission, or should a notification after up to three (3) attempts, be returned as undeliverable, the potential winner will be disqualified and an alternate winner will be selected. The Prize Winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, where legal, Publicity Release, within fifteen (15) days of the date stated on the prize notification. In the event of non-compliance with these requirements, or a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the potential winner may be disqualified and an alternate winner (the Entrant with the next highest points accumulated in accordance with these Official Rules) selected. 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. Winners may not substitute, transfer or assign prizes, or receive cash in lieu thereof, except as may be permitted by Sponsor at its absolute and sole discretion. Nothing herein shall obligate Sponsor to award an alternative prize, to award a cash value or to permit a transfer or assignment. However, Sponsor reserves the right to award to the winner the actual cash value of a prize in lieu of the prize itself. Sponsor will determine the cash value, the amount of which may vary per winner depending on the actual prize being awarded to such specific winner, but in any event will not exceed the estimated approximate retail value ("ARV") set forth in these rules. Prize returned as undeliverable or otherwise not claimed within fourteen (14) days after being sent will be forfeited and awarded to an alternate winner. All entries will be declared made by the registered user of the e-mail address. By accepting a prize, the winner grants permission to Sponsor and Promoter (which permission shall be confirmed in writing upon the request of Sponsor and/or Promoter) to use their names, photographs, likeness, voices, prize information and/or biographical information for publicity, advertising, trade and promotional purposes at any time or times, worldwide and on the World Wide Web without further compensation, or notice, review or approval, unless prohibited by law. If a winner is disqualified, an alternate winner will be selected. Sponsor is only obligated to contact a single alternate. In all instances in which Sponsor notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate winner, if such alternate winner is unavailable or disqualified or if the prize is returned as undeliverable, within the time frames otherwise allotted for the initially selected winner, then Sponsor may choose either not to award the prize or to donate it to another person or entity, in its sole discretion.

8. PRIZES/APPROXIMATE RETAIL VALUE/ODDS OF WINNING:

GRAND PRIZE (1): TBD
SECOND PRIZE (1): TBD
THIRD PRIZE (1): TBD
WEEKLY WINNERS: TBD

Odds of winning prizes depend on the total number of eligible entries received and the relative U.S. college football knowledge of all Entrants.

ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER.

ENTRANTS ACKNOWLEDGE THAT SPONSOR, PROMOTER AND THEIR RESPECTIVE AGENCIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE, INCLUDING BUT NOT LIMITED TO ITS QUALITY. EXCEPT FOR A STANDARD LIMITED WARRANTY THAT THE PRIZE MANUFACTURER MAY INCLUDE WITH THE PRIZE, THE PRIZE IS 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).

If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner.

9. CONDITIONS OF PARTICIPATION: If the Game is not capable of running as planned for any reason including without limitation by reason of: (a) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which in the sole opinion of Sponsor could corrupt or affect the administration, security, fairness, integrity, receipt of entries or proper conduct of the Game; 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), the Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Game and award the prizes to the participant that has accumulated the highest point total (and who wins any pending tiebreakers) at the time of the termination or in such other manner deemed fair and appropriate by Sponsor. Sponsor reserves the right to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive manner.

By participating, Entrants release and agree to indemnify and hold harmless Sponsor, Promoter, and their respective parent companies, affiliated companies, subsidiaries, advertising/promotional agencies, dealers, and the employees, officers, directors and agents of any of the above organizations from any and all liability for any injuries, losses, or damages of any kind to person(s) or property caused in whole or in part by participation in the Game or the acceptance, possession or use/misuse of a prize or participation in any prize-related activities.

10. CONDUCT: Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the promotion 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. Sponsor is not responsible for any incorrect or inaccurate information, whether caused by web site users, or by any equipment or programming associated with or utilized in this Game and assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of web site. Sponsor is not responsible for injury or damage to participants or any other person's computer related to or resulting from participating in this Game or downloading or copying materials from or use of web site. Sponsor reserves the right to lock out an entrant whose eligibility, as solely determined by Sponsor, is in question or who has been disqualified or is otherwise ineligible to enter. By participating, entrants agree to the Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any participant using such methods.

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 PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

11. PRIVACY All information that is submitted by entrants as part of this Game will be treated in accordance with Sponsor's Privacy Policy.

12. DISPUTE RESOLUTION/CHOICE OF LAW Except where prohibited, by participating Entrant agrees that: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant(s) and Sponsor and Promoter and their agencies shall be governed by and construed exclusively in accordance with the laws of the State of Texas (Brazos County), USA without giving effect to any principles of conflicts of law of any jurisdiction. Entrant agrees that any action at law or in equity arising out of or relating to this Game shall be filed only in the state or federal courts located in the County of Brazos in the State of Texas and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Except where prohibited, by participating in this Game Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Game shall be resolved individually, without resort to any form of class action; and (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Game but in no event attorneys' fees; and (c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

The Game and all accompanying materials are copyright © 2004 by JT Entertainment

Additional Terms:
ACCURACY OF INFORMATION
ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH COLLEGE FOOTBALL PICK'EM ARE UNOFFICIAL. This “pick'em” (or “pick’em game”) and its components are offered for informational and/or entertainment purposes only. While CollegeRivals.org (and all other participating parties) use reasonable efforts to include accurate and up-to-date information, neither CollegeRivals.org nor its affiliates warrant or make any representations of any kind with respect to the information provided to you through this service. CollegeRivals.org and its affiliates shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via this service, and shall not be responsible or liable for any error or omissions in that information.

COLLEGERIVALS.ORG’s RESERVATION OF RIGHTS
CollegeRivals.org expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any of our services, including the pick'em game, if CollegeRivals.org: (a) in its sole discretion, believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other users, or the general public, or (c) in its sole discretion, believes that you have acted inconsistently with the spirit or letter of this agreement, the Official Rules, or the Rules and Instructions. This pick'em and its related benefits are offered at the discretion of CollegeRivals.org, and CollegeRivals.org has the right to modify or discontinue, temporarily or permanently, the pick'em, whether in whole or in part for any reason, with or without notice to you. You agree that CollegeRivals.org (JT Entertainment) will not be liable to you or to any third party for any modifications or discontinuance of the Service.

INDEMNITY
You agree to indemnify and hold harmless CollegeRivals.org (JT Entertainment), and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of, or participation in, the pick'em game, your connection to the service, your violation of the Official Rules, these Additional Terms, the Rules and Instructions, or of any rights of another person or entity.

INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.

FINAL

- In all "Rules" or "Agreements" of CollegeRivals.org Games the dates will (and can be used interchangeably).  Meaning, the owners of this site may not update the dates and times of the game from one season to the next (ie 2005 dates and times to 2006 dates and times).  Regardless, the following rules and agreements are for general purposes and each game starts with its first week and ends with its final week (whenever those may be).  Furthermore, the time that each weeks (or season/post season) picks lock (and are no longer changeable) are subject to change.  It is most wise for any player to check the site frequently and make their picks every time assuming it will be their last opportunity.  We will do our best to communicate any time changes with our users (by email, forum posts, or by front page messages).