Official Rules

Athlon Sports 2009 Fantasy Golf

OFFICIAL 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 27th, 2009 and continues through the end of the “viewing period” of posted Winners (as defined in paragraph 4 below) at 11:59:59 PM Eastern Time on September 7th, 2009 (“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 as set out in paragraph 4 below, based on their ability to use their skill and knowledge of golf and golfers to select winning groups of golfers during the 2009 golfing tournament  season. Participation in the Game is described, regulated and clarified by and wholly subject to the provisions of these official rules (“Official Rules”).

            2.         ELIGIBILITY:  The Game is open to individuals (only individuals may register and enter) legally residing, for purposes of all applicable state and federal tax laws, in 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 registration under paragraph 3 below and have the ability to enter into valid contracts in their personal jurisdiction of residence. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted.  Employees and Directors of Athlon Communications, Inc. (“Sponsor”) and each of its respective affiliates, subsidiaries, franchisees, advertising and promotional agencies, officers, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households are ineligible to play, win or collect prizes in the Game.  Only individuals meeting all eligibility requirements and correctly registering for the Game as set out in paragraph 3 below may participate in the Game (“Players”). Each Player is required to indicate his/her acceptance to the Official Rules where indicated; provided, however, that any Player’s participation in the Game constitutes and is deemed Player’s agreement to the Official Rules and any and all decisions of Athlon and any third-party judges, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

            3.         HOW TO REGISTER:  There are ten (10) separate golf tournaments (“Tournaments”) in the Game, as set out in the Golf Tournament Schedule below. Beginning 12:00:01 AM Eastern Time on March 28th, 2009 and ending no later than thirty (30) minutes prior to the official start time of the first round of golf in each Tournament (“Game Period”), Players will log on to www.athlonsports.com (“Site”) and follow the instructions to register for access to the Site. Players will identify a user name and password for subsequent visits to the Site. Thereafter, Player will log on to the Site and follow the instructions to indicate his/her acceptance of the Official Rules and provide the information requested in the Official Entry Form, including Player’s name, e-mail address, physical address, telephone number, and additional questions specific to Sponsor. Player may also be asked to consent to receive promotional e-mails.  Consenting to receive promotional e-mails is optional and refusal to consent will not render any Player ineligible to play the Game or win prizes or affect or reduce any Player’s chances of winning. Each individual Player may only register once.

         4.       HOW TO PLAY/ACCRUE POINTS & PRIZES:  A field of thirty (30) golfers (“Field”) is presented in five (5) groups of six (6) golfers each, each golfer having been assigned a point value between 1 and 6 (“Golfer Value”), which is based on the golfer’s relative value as against the value of the other five (5) golfers in the same group. Each Player will complete an entry by selecting one golfer from each of the 5 groups (“Team”), in each case trying to select those golfers that will earn the highest number of official points in the upcoming Tournament, and follow the instructions to submit the entry no later than thirty (30) minutes prior to the official start time of the applicable Tournament (“Tournament Entry Deadline”) as set out in the Golf Tournament Schedule (“entry” or “entries”). The Golfer Value of each golfer selected will be added together (“Team Value Total”) and must not exceed a cumulative point value cap of 23 points. Entries containing a Team Value Total exceeding 23 points will be rejected and the Player will be invited to select a new Team and submit a new entry prior to the Tournament Entry Deadline. Players will earn that number of points, on a ratio of one (1) point for each dollar ($1.00), that is equal to the total amount of dollars earned by and credited to all golfers on Player’s Team, according to the official results, for (a) each individual Tournament as of the end of the Tournament; and, (b) all Tournaments of the Game as of the end of the final Tournament. Each Player must also predict and enter (a) the final Tournament average score of all golfers that complete the final Tournament, excluding play-offs (“Average Score Prediction”); and (b) the number of total strokes taken by the golfer that wins the then-current Tournament, excluding play-offs (“Final Stroke Total”), both of which will be used as tie-breaking procedures as set out below.

If a Player fails to submit an entry by the Tournament Entry Deadline, that Player's Team for that Tournament will be automatically selected for the Player and serve as that Player’s entry for that Tournament (“Auto-Pick”). The Auto-Pick will consist of the "Last 5 Out" golfers for that Tournament, the "Last 5 Out" golfers defined as “those golfers, who have not been selected by any Player for inclusion on a Team as of the time immediately subsequent to the Tournament Entry Deadline, and who, on a scale of 1 through 35 (where 1 is the best and 35 is the worst), are rated 31 through 35 by Sponsor for the upcoming Tournament. Each Player will be assigned a maximum of three (3) Auto-Picks during the Game. Players may submit only one (1) entry for each Tournament. Additional entries from any individual, using different e-mail addresses or any other system of multiple entries, will be disqualified. Lost, late, illegible, incomplete or misdirected entries are not eligible.

Golf Tournament Schedule:

Determining Winners: The Players earning the highest number of descending points at the end of each Tournament will be the “Tournament Winners.” Tie-Breaking Procedure: (a) In the event of a tie between Players at the end of any Tournament, the Winner will be that Player whose Average Score Prediction is closest to the actual average score of all golfers that complete the final Tournament, excluding play-offs; and (b) If Players remain tied after the Average Score Prediction tie-breaking procedure (as would be the case with identical entries), the Winner will be that Player whose Final Stroke Total is closest to the actual number of total strokes taken by the golfer that wins the then-current Tournament, excluding play-offs. Sponsor reserves the right to award equal prizes to any tied Players as long as the sum total of all prizes awarded is equal to the approximate retail value (“ARV”) of the prize designated for that prize. Any Player who does not submit an entry for a particular Tournament will not be eligible to win prizes for that Tournament, regardless of whether Player was assigned an Auto-Pick Team.

PRIZE SCHEDULE

TOURNAMENT  PRIZES                            PRIZE DESCRIPTION                       ARV

            5.         ABILITY TO WIN:  The Game is a game of skill. Each Player’s ability to win depends solely on (1) his/her knowledge of the game of golf and tournament history; (2) his/her knowledge of the strengths and weaknesses and both historical and recent performance of competing golfers; (3) his/her skill and ability to apply his/her knowledge of the above in accurately identifying  which golfers will win when placed in specific competition with other golfers; (4) his/her skill in assessing an individual golfer’s effectiveness in a specific game and statistically analyze and predict with accuracy the total number of combined earnings likely to be earned by golfers in a given game; (5) his/her skill in assessing an individual golfer’s effectiveness in a specific competition and statistically analyze and predict with some accuracy the total number of strokes likely to be taken by golfers in a given game; and, (6) the number of eligible Players competing in the Game.

            6.         PRIZE AWARDING:  Upon confirmation of eligibility and execution of requested eligibility and release documents, Winners will be awarded the prizes described in paragraph 4 above. All prizes will be awarded. 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 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 their prize, any and all costs of redemption or travel to redeem the prize. It is the responsibility of Winner to make all necessary arrangements to redeem the prize, including any costs of travel, unless Sponsor otherwise agrees to deliver prize to Winner following identification of Winner and confirmation of eligibility. Any stated ARVs of prizes represent Sponsor’s good-faith determination of the retail value of the prize.  Winners will be initially identified, subject to eligibility, on or about seven (7) business days following the date of the last game in Round 3 (“Effective Date”), by Sponsor 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 Sponsor’s  discretion, on or about fourteen (14) business days following the Effective Date (“Notification”). The complete identification of all Winners will be posted on the “STANDINGS” page of the Site and will be available for viewing no later than the Effective Date or by either emailing gamesupport@athlonsports.com or by sending a written request in a stamped, self-addressed envelope for receipt no later than fourteen (14) business days following the Effective Date to:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Nashville, Tennessee 37203. Winners must provide positive identification in such form as is specified by Sponsor 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.  All prizes must be redeemed by each Winner no later than thirty (30) days following Sponsor’s  confirmation of Notification. In the event of a dispute as to the identity of a Winner, the Winner will be the individual who was, at the time of entry, at Athlon’s  sole discretion, the documented registered holder of the email account used to enter the Game. It is the sole responsibility of the Player to notify Sponsor during the Promotion Period if his/her email address changes.  No transfer or assignment of any prize is permitted.  In no event will more prizes be awarded than those listed above in paragraph 4. In the event that any prize is unavailable at the time it is scheduled to be awarded, Sponsor reserves the right, in their sole discretion, to substitute that prize with either the cash value of the ARV of the applicable prize or a prize or prizes of equal or greater value.  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 Sponsor, and its 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 where prohibited by law).  Winners will be required to sign an affidavit of eligibility and liability release within five (5) days of Sponsor’s request (except where prohibited by law).

            7.         TERMINATION OR DISQUALIFICATION:  To cancel any Player’s participation in the Game, Player must send an email to fantasygolf@athlonsports.com requesting that his/her registration be terminated (“Notice of Termination”). Player’s registration will be deemed terminated as of the date and time of Sponsor’s  receipt of the Notice of Termination as reflected by Sponsor’s  e-mail server (“Termination”). Upon Termination, Player may not participate in the Game and any points accrued by Player will be forfeited. 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" Player) is strictly prohibited.  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, other error of any kind whether human, mechanical or electronic 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 a Player's or any other person's computer. Persons found tampering with, hacking, illegally registering for or abusing any aspect of the Game will be immediately disqualified, in Sponsor’s sole discretion. If disqualified for any of the above abuses, Sponsor will immediately terminate that Player’s participation in the Game and future contests by Athlon and Player will be ineligible to win or collect any prizes and must return any previously received prizes awarded in connection with the Game upon Athlon’s  or Sponsor’s request. Players further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon from pursuing any remedies legally available in connection with such conduct. Any violation set out in this paragraph or other attempt to damage any website of Athlon and/or Sponsor, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules, as well as any and all applicable criminal and civil laws.  Athlon reserves the right to seek remedies and damages from any Players or individuals acting in concert with any Player 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, which, in the sole opinion of Athlon or the Sponsor, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon reserves the right to modify, suspend or terminate the Game and shall thereafter have no responsibility to reinstate the Game or award any prizes. 

 8.        LIMITATION OF LIABILITY:  By registering for and participating in the Game, Players agree: (a) to comply with the Official Rules and the decisions of Athlon and the judges, which shall be binding and final in all respects; (b) to comply with Athlon’s privacy policy and terms and conditions; (b) to release Sponsor and Athlon from all liability, loss or damage arising out of any participation in the Game or in connection with the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Athlon by mail, telephone and/or email; and (d) that he/she acknowledges that neither Athlon nor Sponsor makes 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, Players and/or Winners release Athlon 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 participation in the Game and the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or while preparing for, participating in, and/or traveling to any prize-related activity.  In no event will Athlon, 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, violations of protected speech rights or invasion of privacy.

9.         PLAYER, GAME AND SITE INFORMATION AND CONTENT:  Any information provided to Athlon and Sponsor by a Player, including Players’ names, addresses, telephone numbers and e-mail addresses  will be used to administer the Game, communicate with Players in relation to the Game, for purposes of fulfilling any applicable prizes, providing necessary notice, or in connection with other appropriate purposes. Limited to the purposes outlined herein, Athlon will collect, use, and protect personal data in accordance with Sponsor’s privacy policy, available for review at www.athlonsports.com. Any personal information provided by a Player for the benefit of other Players, including Player’s names, addresses, telephone numbers and e-mail addresses will be disclosed at the Player’s own risk and neither Athlon nor Sponsor shall have any liability in connection therewith. All data is proprietary to Sponsor and/or Athlon and will not be provided to unrelated third parties or returned to Player. Players are strongly cautioned to exercise judgment and safety in the disclosure of personal information, understanding that no on-line site or activity is completely impervious to outside intervention or activity regardless of the level of security employed by Athlon or Sponsor and that such information may be accessible to third parties. No Player will engage in the posting or blogging of false, harmful, offensive, violent, obscene, hurtful or potentially damaging language of any kind or at any time, understanding that such language may violate public, private, federal, state or local rights or laws governing speech, activity disguised as speech and/or any related public or personal interest, including each Player’s right to play the Game without harassment or disregard for the rights and values embodied in the Communications Decency Act and both common law and federally and state-enacted legislation against violations of the Lanham Act, slander, libel, defamation, hate speech, and gross and intentional disregard for the feelings of others or oneself (“Protected Speech Rights”). No Player may attempt to attach any link, ancillary portal or sub-site or upload or otherwise display any content on the Site or within the Game without the express written permission of Athlon and Sponsor, which may be withheld for any reason. Neither Athlon nor Sponsor is affiliated with, endorsed by, or licensed by, any of the athletes or their sponsors, Groups, leagues, educational institutions, or professional organizations identified in connection with the Game and none are a sponsor of or associated with the Game in any way. Athlete, Group, league, educational institution, professional organization and other associated names and/or designations, including any embedded or associated trademarks, logos and images (“Third Party Materials”) found on the Site are the trademarks, brands or other protected content of their respective owners and are used for acceptable, valid, and appropriate factual, descriptive, identification and non-trademark purposes only and Athlon and Sponsor are not owners of nor have any interest in the Third Party Materials, including as a licensee. The Site is intended for informational and entertainment use only. Any and all software, platforms, page or menu organization, components, content, play mechanisms, proprietary functionality, graphic or text materials, trademarks, service marks, brands, logos, slogans, names, music, photos, videos, sounds or any other materials in or on the Game or the Site that are not Third Party Materials or owned by Sponsor (“Protected Materials”), including all acquired goodwill and market recognition associated with the Protected Materials are the exclusive, valuable intellectual property of Athlon, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Athlon. Any and all graphic or text materials, trademarks, service marks, brands, logos, slogans, names, or any other materials in or on the Game or the Site that are owned by Sponsor (“Sponsor Materials”), including all acquired goodwill and market recognition associated with the Sponsor Materials are the exclusive, valuable intellectual property of Sponsor, subject to copyright, trademark or other statutory protection, and may not be copied, used, distributed, adopted, merged, or appropriated for any purpose without the prior express written permission of Sponsor.

            10.        GENERAL INFORMATION: Athlon reserves the right to modify the Official Rules at any time for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, how tie-breaking procedures are applied, how unanticipated ties are resolved, 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, the illegal or inappropriate activity of any Player, the unanticipated application, failure or effect of Game mechanisms of play or individual components, software or hardware, or force majeure events affecting the schedule(s) of registration, Player entry, Tournaments or entry deadlines, the determination or notification of Winners, the application of tie-breaking procedures, or the awarding of prizes, Athlon reserves the right to modify, revise, add-to, nullify or utilize only in part the stated timing, commencement or termination of any Tournament, Round, Period, Series, Field, entry or promotion period or schedule and/or, in its sole discretion, to implement substitute Tournaments, Rounds, Periods, Series, Fields, entry or promotion periods or schedules, or portions thereof, solely for purposes of conducting the Game in a fair and reasonable manner and determining Winners on an equal basis and without unfairly disqualifying otherwise eligible Players from winning prizes. 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 Player 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 Athlon 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.

Sponsored By:  Athlon Sports Communications, Inc.

Produced and Administered By:  Athlon Sports Communications, Inc., 220 25^th Avenue North, Nashville, Tennessee 37203. © 2009 Athlon Sports Communications, Inc. All rights reserved.