THE FOLLOWING PROMOTION IS INTENDED FOR LEGAL RESIDENTS OF THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO AND OTHER U.S. TERRITORIES, OR FOREIGN TERRITORIES) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS SWEEPSTAKES IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OR IF YOU ARE LOCATED IN PUERTO RICO, OTHER U.S. TERRITORIES, OR FOREIGN TERRITORIES. VOID WHERE PROHIBITED BY LAW. NO PURCHASE NECESSARY.
1. General. These are the official rules (the "Official Rules") for "ESPN Action Sports" Giveaways. The Giveaway is administered by ESPN Action Sports (the "Sponsor"), ESPN Plaza, Bristol, CT 06010. (Additional advertisers associated with the Giveaway, if any, shall be deemed a Presenter for purposes of these Official Rules.
2. Eligibility. The Giveaway is open to residents of the fifty United States and the District of Columbia (Excluding Puerto Rico and other U.S. Territories or Foreign Territories) who are eighteen (18) years of age or older and are registered members of ESPN.com. as of the date of entry. Officers, directors, representatives, employees or agents of Sponsor, its affiliates, subsidiaries, advertising and promotional agencies and members of their immediate families and persons residing in the same household of each, are not eligible to participate. Immediate family is defined as parents, siblings, children, step children and spouses. Household members is defined as people who share the same residence at least three months a year. The Giveaway is void where prohibited by law. To participate in the Giveaway, you must be a registered member of ESPN.com or one of our family of sites (ABC.com, ABCNEWS.com, DisneyOnline.com, EXPN.com, and Family.com). Registration is free. If Entrant is not a member, Entrant may register by clicking on the applicable link on the entry page for the Promotion and following the instructions. Entrant will be asked to provide his/her name, e-mail address, zip code, birth date, gender and to select a password. As a member, Entrant may enter the Promotion by first logging in to the system with Entrant's current username and password.
Each online mail Entrant in the Giveaway must be the rightful owner or have authorized use of the e-mail account associated with the entrant's provided e-mail address as of the date of entry. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the e-mail account associated with the provided e-mail address is opened at the time of entry. All entries become the property of Sponsors and will not be acknowledged or returned.
3. Description of the Giveaway: How to Play.Beginning on 12:00 AM EST on November 12, 2010, through 11:59 PM EST on November 17, 2010 (the "Promotion Period"), questions about content published on ESPN.com/Action will be posted on ESPN.com/Action/FMX. For purposes of these Official Rules all times are Eastern Time ("ET"). Contestants are asked to comment within the blog during the week of 11/12-11/17. The ESPN FMX Editors will select a winner on 11/17 based on their own discretion.
5. Winner Selection. Winners will be selected from all eligible entries posted in the comments section of the ESPN FMX Blog. The decisions of the Editors of ESPN FMX are final and binding in all respects. Winner will be announced on the ESPN FMX Blog November 17, 2010.
7. Winner Notification/Odds. Prize winners will be notified by email. If prize winners cannot be not reached after a reasonable effort has been made during five (5) business days from the first notification attempt, such a person may be disqualified, with an alternate prize winner selected in accordance with these Official Rules. Odds of winning a prize for each round depend on the number of eligible entries received during the appropriate round.
8. General Conditions. Entrants certify that they have read and agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all respects.
9. Affidavit of Eligibility/ Liability Release. The potential prize winners may be required to sign and return an Affidavit of Eligibility, a Liability Release and, where legally permissible, a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner's name and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting a prize, winners agree to hold Sponsor, its respective directors, officers, employees and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. Winning a prize is contingent upon fulfilling all the requirements set forth herein. By participating, Entrants agree to be bound by these Official Rules and agree that: Released Parties and their designees and assigns shall have no liability and will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this Sweepstakes.
10. Prize Restrictions/Taxes. All costs, including federal, state and local taxes and other expenses not specifically identified as included in the prize, are the sole responsibility of the individual winners. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor.
11. Integrity of Giveaway. Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate this Giveaway (or any portion thereof) should virus, bugs, non-authorized human intervention or other causes beyond the reasonable control of Sponsor, including but not limited to breaking news, war or armed conflict (whether or not officially declared), labor controversy or threat thereof, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of this Sweepstakes and, in the event of termination or suspension, at its discretion, select winners from among eligible, non-suspect entries received as of the date of the event requiring such termination or suspension.
Sponsor reserves the right to conduct a background check of any and all records of the prize winners, including without limitation, civil and criminal court records and police reports. To the extent necessary under law, prize winners shall authorize this background check. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by prize winners in his/her interview. In that regard, prize winners will be obligated to provide necessary contacts and information so that Sponsor may conduct such investigation. Sponsor reserves the right (at its sole discretion) to disqualify prize winners from any prize element, based on the background check.
Email Change of Address Policy: It is the sole responsibility of the entrant to notify Sponsor if his or her email address changes during the Promotion Period. To do so, send an email to firstname.lastname@example.org with your address change.
12. System Malfunctions. Additional entries beyond the specified limit from any one person, household or email address will be void. The name of the "authorized account holder" associated with any given email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Proof (to Sponsor's satisfaction) of being the authorized account holder may be required by Sponsor. Sponsor is not responsible for lost, incomplete, late, damaged, stolen, misdirected, illegible or postage due entries, mail or subscription cards, email messages; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, server or other connections including those through www.espnoutdoors.com; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant's or any other person's computer related to or resulting from participation in this Sweepstakes; printing or other errors appearing within these Official Rules or in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise. The use of automated entry or similar devices is prohibited and entries received through such prohibited devices are void. By entering this Sweepstakes, entrants give their express permission to be contacted by Sponsor by telephone, e-mail and/or postal mail for Sweepstakes purposes only.
13. Disputes. Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of New York (Southern Division) or the appropriate New York State Court located in New York, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (iii) under no circumstances will participants be permitted to obtain awards for, and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expense, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor in connection with the Sweepstakes, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.