Friendship Football Five Pick 'em Challenge Contest Terms & Conditions

Transcription

1 Friendship Football Five Pick 'em Challenge Contest Terms & Conditions 1. Introduction 2017 Friendship Football Five Pick 'em Challenge Contest Welcome to the 2017 Friendship Football Five Pick 'em Challenge Contest (the "Challenge"), where you compete against other participants to see who can correctly predict the outcomes of selected college football games. Submit your predictions each week for a chance at weekly and overall prizes. The Challenge starts August 28, 2017 and ends December 4, 2017 (the "Challenge Period"). Winners will be announced live every Monday after the Weekly Challenge Period on the Greg Roberts Live radio show on WFIR 960AM, 94.5FM, or 107.3FM. Announcement will be made during the show from 5:00 p.m. 7:00 p.m. No Cost The Challenge is FREE to play. No purchase, wireless device or entry fee necessary to enter or win. If you are accessing this Challenge via your wireless device, data rates may apply. If you are a wireless service subscriber and have a smartphone, tablet or other wireless device that allows you to access this Challenge, you may play the Challenge via any of those devices. If you decide to access the Challenge via any of such wireless device, you may be charged data rates according to the terms and conditions of your service agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Challenge. IMPORTANT NOTICE: THIS CONTEST IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4 BELOW. The Administrator Friendship Foundation ("Friendship") will serve as the administrator (the "Administrator") of the Challenge and will be responsible for resolving any disputes that arise regarding violations of the rules. Administrator will also have full responsibility to select the slate of college football games each week and the Administrator picks for entrants to play against. Eligibility Challenge entrants ( entrants, contestants, participants, or you ) must be legal U.S. residents 18 years of age or older at time of entry to be eligible for this contest. Employees of Friendship Foundation and Valley Management, Inc. (collectively the "Challenge Entities") and each of their affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and members of the immediate family or household of each are not eligible to win. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Challenge Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a Weekly Prize or Grand Prize.

2 This Challenge is void where prohibited by law. Once a contestant has been declared a winner in one of the drawings as part of this Challenge, that same contestant may not be declared a winner of any subsequent drawing that is part of this Challenge. 2. Playing Introduction The Challenge is divided into fourteen (14) separate weekly entry periods (each a "Weekly Entry Period(s)"). To enter the Challenge, participant will have to provide their personal information and their pick(s) of the five (5) college football team(s) they predict will win their applicable college football game match-up, as listed for the applicable Weekly Entry Period (the "Weekly Entry(ies)"). Participants may participate in as many Weekly Entry Periods as they want; however, participants may only enter once during a Weekly Entry Period. Making Picks The Challenge will run each week for 14 weeks of the college football season. The Administrator will determine five (5) scheduled college football games on the Friendship Football Five website ( for each Weekly Entry Period. You must pick the teams you predict will win each game. You do not need to participate in all 14 Weekly Entry Periods. However, for each Weekly Entry Period in which you decide to participate, you must make picks for every game listed as "available" at the time you enter to submit your Weekly Entry in the Challenge. Limit one Weekly Entry per person per Weekly Entry Period. Limit of 14 Weekly Entries per person for the duration of the Challenge Period. Scoring Participants will receive one (1) point for each correct selection. The total number of correct selections in a given Weekly Entry Period will be the participant's score for such Weekly Entry Period. The total number of correct selections for the duration of the Challenge will be the participant's total overall score. Participants that score equals or is lesser than the Administrator s score will be disqualified from winning the Weekly Prize. Participants that score more points than the Administrator s score will be entered into a drawing for the Weekly Prize. Deadlines The deadline for each participant to submit their Weekly Entry for the applicable Weekly Entry Period is at 11:59 p.m. Eastern Time ("ET") on Fridays before the start of the first scheduled predetermined college football game. Weekly Entry Periods start at 1:00 p.m. Eastern Time ("ET") on Mondays prior to the first scheduled predetermined college football game. Weekly Schedule Week 1 Entry Period: August 28 at 1:00 p.m. September 1, 2017 at 11:59 p.m. Drawing Held & Winner Announced by September 4, 2017 at 6:00 p.m. Week 2 Entry Period: September 4 at 1:00 p.m. September 8, 2017 at 11:59 p.m. Drawing Held & Winner Announced by September 11, 2017 at 6:00 p.m.

3 Week 3 Entry Period: September 11 at 1:00 p.m. September 15, 2017 at 11:59 p.m. Drawing Held & Winner Announced by September 18, 2017 at 6:00 p.m. Week 4 Entry Period: September 18 at 1:00 p.m. September 22, 2017 at 11:59 p.m. Drawing Held & Winner Announced by September 25, 2017 at 6:00 p.m. Week 5 Entry Period: September 25 at 1:00 p.m. September 29, 2017 at 11:59 p.m. Drawing Held & Winner Announced by Monday, October 2, 2017 at 6:00 p.m. Week 6 Entry Period: October 2 at 1:00 p.m. October 6, 2017 at 11:59 p.m. Drawing Held & Winner Announced by October 16, 2017 at 6:00 p.m. Week 7 Entry Period: October 9 at 1:00 p.m. October 13, 2017 at 11:59 p.m. Drawing Held & Winner Announced by October 16, 2017 at 6:00 p.m. Week 8 Entry Period: October 16 at 1:00 p.m. October 20, 2017 at 11:59 p.m. Drawing Held & Winner Announced by October 23, 2017 at 6:00 p.m. Week 9 Entry Period: October 23 at 1:00 p.m. October 27, 2017 at 11:59 p.m. Drawing Held & Winner Announced by October 30, 2017 at 6:00 p.m. Week 10 Entry Period: October 30 at 1:00 p.m. November 3, 2017 at 11:59 p.m. Drawing Held & Winner Announced by November 6, 2017 at 6:00 p.m. Week 11 Entry Period: November 6 at 1:00 p.m. November 10, 2017 at 11:59 p.m. Drawing Held & Winner Announced by November 13, 2017 at 6:00 p.m. Week 12 Entry Period: November 13 at 1:00 p.m. November 17, 2017 at 11:59 p.m. Drawing Held & Winner Announced by November 20, 2017 at 6:00 p.m. Week 13 Entry Period: November 20 at 1:00 p.m. November 24, 2017 at 11:59 p.m. Drawing Held & Winner Announced by November 27, 2017 at 6:00 p.m. Week 14 Entry Period: November 27 at 1:00 p.m. December 1, 2017 at 11:59 p.m. Drawing Held & Winner Announced by December 4, 2017 at 6:00 p.m. Grand Prize Winner Drawing Held & Winner Announced by December 4, 2017 at 6:00 p.m.

4 3. Prizes Weekly Prize The eligible participant who predicts more number of games won correctly than the Administrator in a single Weekly Entry Period will be entered into a drawing for the Weekly Prize. The eligible participant will be picked at random and will be declared the Weekly Prize Winner ("Weekly Prize Winner(s)") of such applicable Weekly Entry period, and will receive the weekly prize ("Weekly Prize(s)"). Seventeen Weekly Prizes will be awarded in accordance with this Official Rules. Each Weekly Prize consists of one hundred U.S. dollars (US$100.00). Should there not be a participant who predicts more number of games won correctly than the Administrator in a single Weekly Entry Period, then the Weekly Prize total will be added to the following weeks Prize. Grand Prize Upon the conclusion of the fourteen (14) week Challenge, all eligible participants who predict more games than the Administrator will be entered into a drawing for the Grand Prize. The eligible participant will be picked at random and will be declared the Grand Prize Winner (the "Grand Prize Winner") and will receive one (1) prize ("Prize") to be awarded in accordance with these Official Rules. The Prize consists of one thousand U.S. dollars (US$ ). The Grand Prize and the Weekly Prize are herein collectively referred to as the prizes (the "Prize(s))." Prize Notification Each potential Weekly Prize Winner and the Grand Prize Winner (collectively, the "Winner(s)"), will be notified via . Weekly Prize Winners will be notified within fourteen (14) days from the end of the applicable Weekly Entry Period. The Grand Prize Winner will be notified within 14 days from the end of the Challenge Period. All Winners will need to complete and submit to Friendship Foundation an Affidavit of Eligibility and release (the "Affidavit") and a W-9 or E-8 where applicable. Such Affidavit must include Winner's social security number (or social issuance number, if a resident of Canada) and include a copy of their current driver's license or current government issued ID ("Gov. ID") when submitting their Affidavit. By completing such Affidavit, it will be understood that Winner has complied with the Contest Rules. Please note: Such Affidavit must be received by Friendship Foundation with their current Gov. ID no later than January 31, In the event Winner is deemed ineligible and/or does not claim their Prize by dates specified herein, an alternate Winner will be selected in accordance with these Official Rules. Only one attempt for a new alternate will be conducted. If attempts fail, Prize will be forfeited and Prize will not be awarded. 4. Legal Disclaimers All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of Friendship Foundation, which are final and binding on all matters pertaining to the Challenge.

5 General Conditions By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of Friendship, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the Friendship Foundation Privacy Policy, incorporated herein by reference. Any and all taxes, if any, in relation to acceptance of a Prize are the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by Friendship. Friendship reserves the right to substitute a Prize for one of equal or greater value. Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Challenge Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to Friendship's use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law. All federal, state, local, and provincial laws and regulations apply. Friendship is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. Friendship reserves the right to halt or modify the Challenge at any time during the Challenge Period, if events beyond their control compromise the Challenge fairness or integrity. In the event that a scheduled college football game and/or college football game week is canceled or preempted for any reason, no points or Prizes will be awarded for that week and/or for picks of the affected college football teams. Friendship is not responsible for typographical or other human or technical errors in the offer or administration of this Challenge, including but not limited to, errors in advertising, the Official Rules, the selection and announcement of a Winner or the distribution of a Prize. Friendship, in its sole discretion, may disqualify any entrant from participating in the Challenge, refuse to award points or a Prize, and require the return of a Prize, if entrant engages in any conduct Friendship deems to be improper, unfair or otherwise adverse to the operation of the Challenge or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Challenge registration or Prize claim, violating any term or condition stated herein, accumulating points or a Prize through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or a Prize, tampering with Friendship s administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website. Winner(s) further acknowledge(s) that the forfeiture of a Prize and/or return of a Prize shall in no way prevent Friendship from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. Friendship reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Challenge. This Challenge is not affiliated with or endorsed by the NCAA or any college football team. This is a skill game designed to entertain and increase consumer awareness of, and interest in friendship.us. This Challenge may not be used for any form of gambling, betting or wagering.

6 Rules/Winner Information For the name of the Winners, send a self-addressed and stamped envelope for receipt by February 28, 2018 to "Winners list: Friendship Football Five Pick 'em Challenge Contest," c/o Friendship Foundation, 367 Hershberger Road, Roanoke, VA For a copy of the Official Rules, send a self-addressed and stamped envelope to the above address marked "Official Rules: Friendship Football Five Pick 'em Challenge Contest," for receipt by January 4, Internet If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Friendship which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, Friendship reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge. In such event, Friendship further reserves the right to award a Prize to the participant with the highest total weekly and overall score (tiebreakers apply) from all eligible participants in the Challenge as of termination date. Friendship assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. Friendship is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Challenge. Lost or Corrupted Entries The Challenge Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Challenge Entities and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Challenge, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Challenge. Damaged Property The Challenge Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Challenge or downloading materials from this Challenge.

7 CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, FRIENDSHIP FOUNDATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning addresses for the domain associated with the submitted address. Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified. In the event that the Challenge is challenged by any legal or regulatory authority, Friendship reserves the right to discontinue or modify the Challenge, or to disqualify participants residing in the affected geographic areas. In such event, Friendship shall have no liability to any participants who are disqualified due to such an action. Challenge Errors The Challenge Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Challenge; (b) in any related advertising or promotions of this Challenge; and/or (c) in these Official Rules including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Winners or the distribution of the Prizes. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Challenge. Winners and Prizes The Challenge Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Challenge. Release and Indemnity Each entrant in the Challenge, including, without limitation, the Winners, hereby releases and agrees to hold harmless the Challenge Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Challenge and participation in any activity related to this Challenge. Limitation of Liability and Disclaimer of Warranties IN NO EVENT WILL THE CHALLENGE ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR

8 PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CHALLENGE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CHALLENGE. IN NO EVENT SHALL FRIENDSHIP S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE SERVICE INCLUDING THE PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Binding Arbitration The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Challenge. Any controversy or claim arising out of or relating to these Official Rules and/or the Challenge, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Commonwealth of Virginia, in the City of Roanoke. Governing Law and Jurisdiction THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF VIRGINIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CHALLENGE, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE CALIFORNIA STATE AND FEDERAL COURTS LOCATED IN THE CITY OF SAN FRANCISCO, AND STATE OF CALIFORNIA. THE PARTIES AGREE NOT TO RAISE THE DEFENSE OF FORUM NON CONVENIENS. Sponsor/Prize Provider/Administrator's Mailing Address Friendship Foundation, 367 Hershberger Road, Roanoke, VA 24012