Yardbarker Heart Pumping Moments Contest
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN THIS SWEEPSTAKES.
A purchase will not improve chances of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL
RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA
WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY
By
entering this Promotion, entrants accept and agree to be bound by these Official
Rules. Any violation of these rules may result in disqualification. All decisions of
the judges regarding this Promotion are final and binding in all respects.
PROMOTION PERIOD: This promotion consists of 5 sweepstakes beginning
Thursday 11/4/10 at 12:00 NOON PST and ending 1/11/11 at 11:59 AM PST
("Promotion Period"). Entries must be received by 11:59 AM PST the following
Thursday after a weekly blog post to be eligible for that week’s drawing.
Schedule pending and will be referenced on each individual blog post.
ELIGIBILITY: This sweepstakes (the "Promotion") is only open to legal residents
of the 50 United States and District of Columbia who are at least 18 years old as
of the date of entry, except officers, directors, members, and employees of the
Sponsor, the judging organization (if applicable), or any other party associated
with the development or administration of this Promotion, and the immediate
family (i.e., parents, children, siblings, spouse), and persons residing in the same
household, as such individuals. This Promotion is void outside the 50 United
States and the District of Columbia and where prohibited.
HOW TO ENTER: Visit www.yardbarker.com and/or a participating Yardbarker
Network blog during the Promotion Period and comment on a featured “Heart
Pumping Moments” sponsored post. The user must submit a comment that
discusses his/her favorite “Heart Pumping Moment” in sports. All entries become
the property of the Sponsor and will not be acknowledged or returned. Limit: One
entry per person/per e-mail address/per blog post during the Promotion Period.
All entrant information, including e-mail addresses, is subject to the respective
Privacy Policy of the applicable Sponsor.
WINNER SELECTION AND NOTIFICATION: Winner selections will be
conducted by random drawing from all eligible weekly entries on or about. Any
potential winner will be notified by mail, email and/or telephone. If a potential
winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the
date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and
Release as specified in Rule 9; (iv) refuses the prize; and/or (v) the prize or prize
notification is returned as undeliverable, such potential winner forfeits all rights
to win the Promotion or receive the prize, and an alternate potential winner may
be selected. Upon contacting a potential winner and determining that he/she has
met all eligibility requirements of the Promotion, including without limitation the
execution of required waivers, publicity and liability releases and disclaimers,
such individual will be declared the ’Winner of the Promotion.
PRIZE DESCRIPTION: There will be five (5) winners each week for a total of
twenty five (25) winners. The prize for each winner is one (1) copy of EA Active 2
on his or her system of choice (PS3, XBOX 360 or Nintendo Wii).
TAXES: All federal, state and/or local income and other taxes, if any, are the
winner’s sole responsibility.
ODDS OF WINNING: The odds of winning this Promotion depend on the number
of eligible entries received.
NO PRIZE TRANSFER OR SUBSTITUTION: No prize or any portion thereof is
transferable or redeemable for cash. Any portion of the prize that is not used is
forfeited. No substitutions for prize except by Sponsor, in which case a prize of
equal or greater value will be substituted.
CONSENT AND RELEASE: By entering the Promotion, each entrant releases
and discharges the Sponsor, judging organization (if applicable), and any other
party associated with the development or administration of this Promotion, their
parent, subsidiary, and affiliated entities, and each of their respective officers,
directors, members, shareholders, employees, independent contractors, agents,
representatives, successors and assigns (collectively, "Sponsor Entities"), from
any and all liability whatsoever in connection with this Promotion, including
without limitation legal claims, costs, injuries, losses or damages, demands or
actions of any kind (including without limitation personal injuries, death, damage
to, loss or destruction or property, rights of publicity or privacy, defamation, or
portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i)
acceptance of a prize constitutes the consent of any winner, without further
compensation, to use the name and likeness of such winner for editorial,
advertising and publicity purposes by the Sponsor and/or others authorized by
the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of
the Sponsor Entities of any and all Claims in connection with the administration
of this Promotion and the use, misuse, or possession of any prize; (iii) any
potential winner may be required to sign an affidavit of eligibility (including social
security number) and a liability/publicity release; and (iv) if prize involves travel
or activities, any potential winner and travel companion (if applicable) may be
required to execute releases of the Sponsor from any and all liability with respect
to participation in such travel/activities and/or use of the prize. Affidavits and
releases must be returned within ten (10) days from the date that Sponsor first
tries to notify the potential winner. If winner is deemed to be a minor under the
jurisdiction of his/her residence, the prize will be awarded in the name of his/
her parent or legal guardian who must execute the necessary affidavit and
release and, if applicable, must accompany winner on the trip (no additional
travel expenses will be awarded should a parent or legal guardian be required to
accompany the winner on the trip).
DISCLAIMERS: (i) Sponsor not responsible for entries that are lost, late,
misdirected, incorrect, garbled, or incompletely received, for any reason,
including by reason of hardware, software, browser, or network failure,
malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere. In
the event of a dispute, entries will be deemed submitted by the authorized
account holder of the e-mail address submitted at the time of entry. "Authorized
account holder" is defined as the natural person who is assigned to an e-mail
address by an Internet Access Provider, online service provider, or other
organization (e.g., business, educational institute) that is responsible for
assigning e-mail addresses for the domain associated with the submitted e-mail
address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any
person tampering with the entry process or the operation of the web site or
otherwise attempting to undermine the legitimate operation of the Promotion. Use
of bots or other automated process to enter is prohibited and may result in
disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the
right to cancel, terminate or modify the Promotion if it is not capable of completion
as planned, including by reason of infection by computer virus, bugs, tampering,
unauthorized intervention, force majeure or technical failures of any sort. (iv)
Sponsor Entities are not responsible for errors in the administration or fulfillment
of this Promotion, including without limitation mechanical, human, printing,
distribution or production errors, and may cancel, terminate or modify this
Promotion based upon such error at its sole discretion without liability. In no
event will Sponsor be responsible for awarding more than the number of prizes
specified in these rules. (v) In the event this Promotion is cancelled or terminated,
pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to
hold a random drawing from among all eligible entries received up to the date of
discontinuance for any or all of the prizes offered herein. (vi) SPONSOR
ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES,
EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS
PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A
PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF
ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO
DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE
OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL
AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES
(INCLUDING WITHOUT LIMITATION ATTORNEYS FEES) FROM ANY SUCH
ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL
PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent
Sponsor’s good faith determination of the approximate retail value(s) thereof; the
actual fair market value(s) as ultimately determined by Sponsor are final and
binding and cannot be challenged or appealed. In the event the stated
approximate retail value(s) of a prize is more than the actual fair market value of
that prize, the difference will not be awarded in cash or otherwise. No substitution
or compensation will be given for any portion of the prize that is not used.
APPLICABLE LAWS AND JURISDICTION: This Promotion is subject to all
applicable federal, state, and local laws and regulations. Issues concerning the
construction, validity, interpretation and enforceability of these Official Rules shall
be governed by the laws of the State of California without regard to any principles
of conflict of laws. All disputes arising out of or connected with this Promotion
will be resolved individually, and without resort to class action, exclusively by a
state or federal court located in San Francisco, CA. Should there be a conflict
between the laws of the State of California and any other laws, the conflict
will be resolved in favor of the laws of the State of California. To the extent
permitted by applicable law, all judgments or awards shall be limited to actual
out-of-pocket damages (excluding attorneys’ fees) associated with participation
in this Promotion and shall not include any indirect, punitive, incidental and/or
consequential damages.
SPONSORSHIP: This Promotion is sponsored by Yardbarker Inc., 611 Mission
Street, 2nd Floor, San Francisco, CA 94105 (individually and collectively,
the "Sponsor").
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