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   NBCSports.com - GridIron Pick'em CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER COMPETITION. VOID WHERE PROHIBITED. OPEN ONLY OR THE DISTRICT OF COLUMBIA (EXCLUDING GUAM, PUERTO RICO AND US MILITARY INSTALLATIONS AND TERRITORIES).

MUST BE 21 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY.

1. GENERAL/TIMING: The NBC Sports Pick ‘Em (the “Competition”) begins 12:00 PM (noon) Eastern Time (“ET”) on September 3, 2008 and ends on or about 8:00PM ET on Sunday December 30, 2008 (the “Competition Period”). The Competition is sponsored by NBC Sports and NBC Universal, Inc. (collectively “NBCU” or “Sponsor”).

2. HOW TO ENTER: There is no entry fee to enter the Competition. To enter the Competition, during the Competition Period, you must register at http://pickem.nbcsports.com (the “Pick ‘Em Website”). You will be asked to fill in and submit the registration information including your name, email address, zip code, birth date and other information and you will receive a confirmation email with your ID and password and other information about the Competition. You will also be asked if you wish to receive promotional materials and Competition reminders from Sponsor. Your consent to receive these materials is optional. Even if you consent, you may subsequently unsubscribe by clicking on the “unsubscribe” link in any promotional materials you receive.

3. ELIGIBILITY: Entrants must be legal permanent residents of and must physically reside in one of the 50 United States or the District of Columbia and must be 21 years of age or older as of the date of entry. Void in Puerto Rico, the U.S. Virgin Islands, Guam, and U.S. Military installations in foreign countries, anywhere outside of the 50 United States and where prohibited by law. Employees and their immediate families, including household members, of NBCU, AllStar Stats, Inc. and/or of each of their respective parent companies, subsidiaries and affiliates, and of their respective distributors, suppliers, participating vendors, promotion or advertising agencies, or of any other company or person involved with the design, production, execution or distribution of the Competition (collectively, Sponsor’s “Promotional Partners”) are NOT eligible to enter.

4. HOW TO CREATE AN ENTRY:

Entrants must go to the Pick ‘Em Website and submit a pick (each, a “Pick”) for each game taking place each week of the 2008 pro football Season (the “Game Week”) during the Competition Period. Each Game Week is defined as the games that take place on Saturday, Sunday or Monday of each week. Thursday games will not be listed and entrants will not be required to submit a pick for those games. Each week, contestants must also identify their predicted total points for the last game in the table for the week, usually the Monday night game. These will be the Tiebreaker Games. Entries that do not comply with this requirement will not be eligible to win. You must make your Picks no later than kickoff of the first pro football game of each Game Week (the “Deadline”). You may change your picks for an upcoming game week any time before the Deadline. To make a pick, click on the button nearest the team you select for each game and submit your picks by clicking on the “Submit” button. Each correct game winner pick will be counted as one “win” and each incorrect game winner pick will be counted as one “loss” towards each contestant’s record for that particular Game Week. Each contestant’s weekly total wins (“Weekly Score”) will be added to the contestant’s cumulative total wins (“Season Score”) for the contest period. In the event of a tie football game, each contestant who submitted a pick for that Game will receive one loss towards his/her cumulative wins and losses total points. In the event that a regularly scheduled NFL game is postponed and/or cancelled (a “Postponed Game”), each participant will be awarded a loss for that game.

Entrants will be permitted five (5) entries per week. Entrants may not enter using multiple e-mail addresses, multiple identities, or as multiple entrants. Any entrant that attempts to enter with multiple e-mail addresses or under multiple identities or uses any other means or device to enter multiple times will be disqualified. Any entry that fails to provide all required information will be disqualified. Group entries are not permitted and will be disqualified. Any questions regarding the number of entries submitted or the owner of an e-mail account shall be determined by Sponsor in its sole discretion, and Sponsor reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Competition.

Entrants will be allowed to create, invite and join private groups. These private groups will allow entrants to view standings and selections for the entrants who are attached to that particular group. Some examples of groups that entrants might create for themselves are family, friends, college friends, softball buddies, etc. These groups are for personal enjoyment only and have no bearing on the results of the Competition.

5. WEEKLY SCORE AND SEASON SCORE TIEBREAKERS

A. Weekly Score: If there is a tie among two (2) or more entrants with respect to the Weekly Score, the tie will be broken in the following manner (in the order of the list below):
  • Entrant with the estimate closest to the total points of the last game of the week

  • Entrant who correctly selects the winner of the last game listed on the selection page

  • Entrant who correctly selects the winner of the next to last game listed on the selection page

If there is still a tie among two (2) or more entrants, the same step will be repeated with respect to the games listed on the selection page (working from the bottom to the top). If the total points estimate is identical and all picks are identical, then the weekly prize will be awarded to the entrant with the highest Season Score.

B. Season: If there is a tie among two (2) or more entrants with respect to the Season Score, the tie will be broken in the following manner:
  • Add-up the total number of points each of the tying Entrants identified for Tiebreaker Games and subtract that number from the actual point total for these games ("Point Differential").

  • Divide the Point Differential of each of these contestants by the number of tiebreaker game picks that the contestant made.

  • Order the Entrants based on lowest average cumulative Point Differential among the tied contestants.

  • If two or more contestants were tied for the lowest Point Differential, then order the Entrants by most weeks played.

If there is still a tie with respect to either a Weekly Score or a Season Score, Sponsor will contact entrants with a special tiebreaker trivia question that will be selected by Sponsor in its sole discretion.

6. BEAT THE EXPERTS DRAWING:

Each week every entrant's weekly picks will be compared to the weekly picks of a panel of at least three (3) experts that are selected by Sponsor in its sole discretion. Entrants will receive one (1) entry into a random drawing ("Beat the Experts Drawing") for each Weekly Score, excluding tiebreaker, that is higher than the Weekly Score, excluding tiebreaker, of any one of the experts. An entrant may receive multiple entries into the Beat the Experts Drawing based on how many experts such entrant beats in any given week. One (1) potential Beat the Experts Grand Prize winner will be selected in a random drawing on or about December 30, 2008 from among all eligible entries received during the Competition Period by employees or representatives of Sponsor, whose decisions are final and binding with respect to all matters related to the Competition. Odds of winning the Beat the Experts Drawing will depend upon the number of eligible entries received.

7. WINNER SELECTION:
  • Weekly Grand Prize Winners: The entrant who has the highest Weekly Score (or wins through the tiebreaker).
  • Season Grand Prize Winner: The entrant who has the highest Season Score (or wins through the tiebreaker).
  • Season First Place Prize Winners: The entrants who have the second (2nd) through the tenth (10th) highest Season Scores.
  • Beat the Experts Grand Prize Winner: The entrant whose name is randomly selected first among all those entered in the Beat the Experts Drawing.

8. PRIZES:
  • Weekly Grand Prize Winners: one (1) NBC Sports Polo Shirt. Approximate Retail Value is $60.
  • Season Grand Prize Winner: 8 GB iPod Touch. Approximate Retail Value is $300.
  • Season First Place Prize Winners: one (1) NBC Sports Polo Shirt per winner. Approximate Retail Value is $60.
  • Beat the Experts Grand Prize Winner: Best Buy Gift Certificate valued at $2000 (which can be redeemed for a Samsung - 46" 1080p Flat-Panel LCD HDTV)
Only the manufacturer’s limited warranty, if any, shall apply to the prizes awarded and no other warranty, representation or guarantee is provided to any winner with respect to any prize. All prize details not specified herein are at the sole discretion of Sponsor. All federal, state and local taxes and all other costs associated with acceptance or use of prizes, not specified herein, are the sole responsibility of the winner(s). Arrangements for delivery of prizes will be performed after winner validation. Any depictions of any prize are for illustrative purposes only. No cash or other prize substitution, assignment or transfer of any prize is permitted by any winner, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of comparable or greater value. The decisions of Sponsor are final and entrants agree to be bound by these decisions. In the event that any prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded.

9. CONTACTING WINNERS:

Sponsor will make two (2) attempts to contact potential winners at the phone number or e-mail address provided at time of entry. If Sponsor is unable to reach a potential winner via phone or email after two (2) attempts, he/she may be disqualified and an alternate may be selected. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release (“Affidavit and Release”) and Publicity Release (where legal) within five (5) days of date of attempted delivery. Noncompliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and/or forfeiture of any prize and, at Sponsor’s discretion, and time permitting, an alternate potential winner may be selected.

10. CONDITIONS OF PARTICIPATION:

By entering this Competition, entrants agree to be bound by these rules and decisions of Sponsor, which shall be final and binding in all respects. By entering this Competition, where legal, by being an entrant or winner, you consent to the use of your name, voice, and likeness, photograph in and in connection with the development, production, distribution and/or exploitation of the Competition. Winners agree that from the date of notification by Sponsor of their status as a potential winner and continuing until such time when Sponsor informs them that they no longer need to do so that they will make themselves exclusively available to Sponsor for publicity, advertising and promotion activities, and must agree not to allow interviews by other media outlets, including television, magazines, newspapers, radio and Internet, unless authorized by Sponsor. Sponsor reserves the right to make public personal information about the entrants and winner(s) on-air, on the Internet, or otherwise, prior to, during, or following the Competition. In all disputes, Sponsor is the sole judge and its actions are final and binding. Sponsor may announce any winner’s name on-air or on its website.

Sponsor, in its sole discretion, may disqualify any entrant from the Competition, refuse to award “wins” or prizes and require the return of any prizes, if entrant engages in conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Competition or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to enter the Competition or claim a prize; violating any of these rules, accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Competition or trying to in any way tamper with the computer programs associated with this Competition; obtaining other entrants information and spamming other entrants; and abusing the Pick ‘Em Website in any way. Entrants further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Sponsor from pursuing criminal or civil proceedings in connection with such conduct. This Competition MAY NOT BE USED FOR ANY FORM OF GAMBLING.

Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Competition. By entering into this Competition or accepting any prize, entrants, including but not limited to the winner(s), agree to release and to hold harmless Sponsor and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”) from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, and claims based on publicity rights, defamation or invasion of privacy.

Sponsor is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Competition), including without limitation any injury or damage to any entrant’s or any other person’s computer or video equipment relating to or resulting from participation in the Competition; inability to access any website, or any web pages of the Sponsor; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof. Sponsor is also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the Competition is not capable of running as originally planned, or if the Competition or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to the Competition and processing of entries or votes in accordance with these Official Rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Sponsor corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, Sponsor reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Pick ‘Em Website.

ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PHONE SERVICE SITE OR WEBSITE (INCLUDING THE PICK ‘EM WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

All entries become the property of Sponsor and will not be acknowledged or returned. Winners may be requested to provide Sponsor with proof that the winner is a resident at the address provided on the registration screen and that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an entrant or winner based on an e-mail address, the applicable entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person 21 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, Sponsor or the Released Parties in connection with the Competition, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Competition, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. Participation in the Competition must be made only as specified in these Official Rules. Failure to comply with these Official Rules will result in disqualification and, if applicable, prize forfeiture.

The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.

11. LIST OF WINNERS:

For the Winner and Winner’s name, send a self-addressed stamped envelope to NBC Universal Digital Media, NBC Sports Pick ‘Em, 30 Rockefeller Plaza, New York, NY 10112. The Competition and all accompanying materials are copyright © 2008 NBC Universal, Inc.

Neither the National Football League nor any team associated with the National Football League is a Sponsor or in any way affiliated with this Competition.



 

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