2018 AUSTRALIAN OPEN CONTEST
OFFICIAL RULES AND REGULATIONS
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
1. SPONSOR. Tennis Channel’s Racquet Bracket 2018 Australian Open Contest (the “Contest”) is sponsored by The Tennis Channel, Inc. [2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405, 310.314.9416], HEAD/Penn Racquet Sports, Inc. (“HEAD/Penn Racquet Sports”) [306 South 45th Avenue, Phoenix, AZ 85043] and Tennis Express, Inc. (“Tennis Express”) [11026 Westheimer Road, Houston, Texas 77042] (collectively, “Sponsor”).
2. Eligibility.The Contest is open only to legal residents physically located and residing in the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or older at the time of entry. Employees and their immediate families (parents, spouses, siblings, children, household members and the spouses and children of the foregoing) of Sponsor, Develomatic, LLC [5634 Southlake Court, Hudsonville, Michigan 49426], the United States Tennis Association and their respective parent companies, subsidiaries, affiliates, divisions, trustees, franchisees, participating vendors, distributors, dealers, advertisement or promotion agencies and affiliated agencies and their respective employees, officers, directors, shareholders, investors, successors and assigns (the “Contest Entities”) are not eligible to enter the Contest. By entering the Contest, entrants agree to abide by all terms of these Official Rules and Regulations (“Rules”) and the decisions of the Sponsor. The Contest is subject to all federal, state and local laws and regulations. Eligibility, age and all claims made by potential winners are subject to verification. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and (where legally permissible) Publicity Release Form, except where prohibited by law, within five (5) days of receipt of same. Do not proceed in this Contest if you do not fall within the eligibility requirements set forth in these Rules.
3. ENTRY PERIOD/CONTEST PERIOD. Entry to the Contest begins at 9:00PM Eastern Standard Time (“EST”) on January 11, 2018 and continues through 7:00PM EST on January 15, 2018 (the “Entry Period”). The Contest will run for the duration of the 2018 Australian Open (the “Tournament”) currently scheduled to begin on January 15, 2018 and conclude on January 28, 2018 (“the Contest Period”). For purposes of these Rules, all times and days are EST.
4. CONTEST objective. The object of the Contest is to earn as many points as possible by correctly predicting the winner of each main draw men’s or women’s (each a “Category”) singles tennis match in the Tournament, from the opening match through to the final championship match, and to predict the total number of aces the champion will serve in the final match, and the elapsed duration of the final match (in minutes). To participate in the Contest, entrant must attempt to predict the winner of each individual match (a “Match”) in the singles draw in either Category of the Tournament (a “Prediction”). Contestant may only make one (1) Prediction per Match. A Prediction needs to be correct in order to earn Contest points. The points accrued for each correct Prediction are as follows: first round Match = one (1) point; second round Match = two (2) points; third round Match = three (3) points; fourth round Match = five (5) points; quarter-final Match = ten (10) points; semi-final Match = twenty (20) points; and final Match = thirty (30) points. The maximum possible score in each Category is three hundred twenty-six (326) points.
5. HOW TO ENTER. To enter the Contest log on to the Tennis Channel website currently at http://www.tennischannel.com or log on to your Facebook account and visit Tennis Channel’s official Facebook page located at www.facebook/tennischannel.com (collectively, the “Entry Site”). Once there, click on the Contest icon or Contest text link, either of which will take you to the Contest home page and Entry (Entry). Then, complete and thereafter transmit the Entry (“Entry”). Information required on the entry form (collectively “Entry Information”) consists of your complete legal name (first name and last name), email address, user name, user password, age verification, and Predictions and may include daytime telephone number (including area code) and answers to certain marketing questions (answers to marketing questions do not in any way affect chances of winning). Entrants may enter the men’s Category, the women’s Category, or both Categories. Limit one (1) Entry per person, per Category, for the entire Entry Period. Multiple Entries from any person will be voided. Multiple Entries from any email address will be voided. Entrants may change any of their Predictions up until the conclusion of the Entry Period. Entries must be received by 7:00PM EST on January 15, 2018. All required Entry Information must be completed in full. Proof of delivery or receipt of Entry, will not be deemed by Sponsor as proof of entry. Any attempted form of entry other than as described herein is void. In the event that a tennis player withdraws from the Tournament after the draw has been completed but prior to the commencement of the Tournament, any Predictions for the withdrawn tennis player will automatically be changed to Predictions for the alternate player who replaces the withdrawn tennis player in the draw. Entrants represent and warrant that they have not purchased any kind of Internet service or created a Facebook account in order to enter Contest. Entries must be made by the entrant only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest.
6. DETERMINATION OF WINNERS. At the conclusion of the Tournament, the top eligible entrants in each Category with the highest number of points achieved will, subject to verification and compliance with the terms of these Rules, be declared the prize winners (see Prizes section below for details). An entrant who enters both Categories may win a prize in both Categories. Within a Category, if two (2) or more eligible entrants tie for the prize, the following tie breaker criteria will be used: the eligible tied entrant who comes closest to correctly predicting how many aces the champion served in the final Match will be declared the winner. In the event of a further tie, the eligible tied entrant who comes closest to predicting the duration of the final Match (in minutes) will be declared the winner. In the unlikely event of a further tie, the remaining tied entrant who correctly answers the highest number of tennis trivia questions chosen by Sponsor will be determined the winner. All decisions of Sponsor will be final.
Grand Prize: Two (2) grand prizes. The top scoring winners in each Category will be awarded one (1) grand prize consisting of an assortment of HEAD/Penn Racquet Sports tennis equipment and/or accessories provided by HEAD/Penn Racquet Sports with an Approximate Retail Value (“ARV”) of Five Hundred Nine Dollars and Eighty-Five Cents ($509.85) (the “Grand Prize”). The total ARV of all Grand Prizes is One Thousand Nineteen Dollars and Seventy Cents ($1,019.70). Actual HEAD/Penn Racquet Sports prize items awarded will be determined by Sponsor, at its sole discretion.
Second Prize: Two (2) second prizes. The winner with the second highest number of points in each Category will be awarded one (1) second prize consisting of a gift card provided by Tennis Express in the amount of Two Hundred Fifty Dollars ($250.00) (“Second Prize”) redeemable at the Tennis Express website currently located at www.tennisexpress.com (“Tennis Express Website”). The total ARV of all Second Prizes is Five Hundred Dollars ($500.00).
Third Prize: Two (2) third prizes. The winner with the third highest number of points in each Category will be awarded one (1) third prize consisting of a gift card provided by Tennis Express in the amount of One Hundred Fifty Dollars ($150.00) (“Third Prize”) redeemable at the Tennis Express Website. The total ARV of all Third Prizes is Three Hundred Dollars ($300.00).
Fourth Prize: Two (2) fourth prizes. The winner with the fourth highest number of points in each Category will be awarded one (1) fourth prize consisting of a gift card provided by Tennis Express in the amount of One Hundred Dollars ($100.00) (“Fourth Prize”) redeemable at the Tennis Express Website. The total ARV of all Fourth Prizes is Two Hundred Dollars ($200.00).
The Grand Prize, Second Prize, Third Prize and Fourth Prize shall collectively be referred to as the “Prize(s).”
8. PRIVATE POOLS. Sponsor permits any person or group to set up their own private bracket (each a “Private Pool”, collectively the “Private Pools”), in order to compete in a discrete bracket directly against friends, co-workers, family members, etc. To create a Private Pool, an entrant may click on the “create a private pool” link on the Entry registration page and thereafter follow the instructions to set up their Private Pool and invite persons via email with a web link to compete in their Private Pool. Private Pools are provided for entertainment value only, and Sponsor is not responsible for the administration of any Private Pool, nor for awarding any prize(s) in connection with any Private Pool. Entrants to a Private Pool must follow the same entry procedures as described in Section 5 above, and are subject to the following sections of these Official Rules: Section 3 and Sections 10, 11, 12, 13, 14 and 15. The creator of a Private Pool may opt to modify the point scoring system of the Contest as described in Section 4, and may create their own scoring system for their Private Pool. An entrant to a Private Pool will have the option to have the predictions they submit for that Private Pool carry over to become their Predictions in this Contest by clicking the check box to submit their predictions to the Contest, thus, provided they meet all eligibility criteria in Section 2, gaining full Entry into this Contest. However, if they so choose, they may enter a Private Pool without gaining Entry into the Contest – in such case their predictions will not enable them to compete for the Prizes in Section 7 above. All persons creating a Private Pool warrant and represent that they will adhere to all applicable local, state and federal laws, rules and regulations, including without limitation those governing contests and sweepstakes, and will indemnify and hold harmless Sponsor from any and all claims arising from any Private Pool, including without limitation for their improper administration of a Private Pool or their failure to award any prize purportedly offered in connection with any Private Pool. Sponsor, in its sole discretion, may cancel or suspend any Private Pool that does not fully comply with this Section 8.
9. CLAIMING PRIZES/RELEASES. Prizes are non-refundable for cash and non-changeable once issued. Sponsor will not replace any lost or stolen elements of the Prizes. Prize winners cannot assign or transfer their prizes to another person. Fulfillment/delivery dates for Prizes will be at Sponsor’s sole discretion. No substitution, transfer, or cash equivalent for Prizes (or Prize components), except that Sponsor may substitute a Prize (or Prize component) for one of equal or greater value for any reason. In the event that a Prize component is not available for any reason, then the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to winner and no additional compensation will be awarded. Any depictions of Prize (or Prize elements) are for illustrative purposes only. Prize winners are responsible for any and all expenses and taxes not included in the Prize, including, but not limited to, Federal, state and local taxes. Prizes are provided “as is” and without any warranty of any kind.
Eligibility, age and all claims made by a potential winner are subject to verification. If a potential winner cannot be reached after a reasonable effort has been exerted, or if they are found to be ineligible, an alternate winner may be selected at Sponsor’s sole discretion. If the Prize or Prize notification is returned as undeliverable or if the potential winner fails to respond to notification attempts, the winner may be disqualified, and an alternate winner may be selected at Sponsor’s sole discretion. In the event the winner declines the Prize or winner fails to execute and return the completed releases described below, Sponsor may elect, at its own discretion, to select an alternate winner. If a dispute arises regarding who submitted an Entry, the entry will be deemed to be submitted by the holder of the e-mail account as determined by Sponsor. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and a Publicity Release Form, except where prohibited by law, within five (5) days of receipt of same. By accepting any Prize, Prize winner consents to the use of Prize winner’s name, address (city and state only), voice, biography, photograph, likeness, prize information and/or statements about the Contest without any additional compensation, for programming, advertising, trade and promotional purposes, and any and all matters related to the Contest, in any and all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. If a potential winner fails to comply with the Rules and/or to submit required documentation within the designated period, the Prize will be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. In accepting Prize, winner further acknowledges that the Contest Entities have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied in fact or in law, relative to Prize or Prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible or liable for its failure to contact potential winners due to an incorrect, out of date or undeliverable mailing address, email address or telephone number. Entrants should update their user accounts regularly with their correct contact information so that they will be able to receive Prizes if selected as a potential winner. A potential winner, who fails to notify Sponsor with any complaint or problem within three (3) days after attempted prize notification, forfeits their right to do so. Sponsor is not responsible for fraudulent mail/email sent to entrants not by Sponsor.
13. Bugs and Viruses; Irregularities; Cancellation. Sponsor reserves the right, at its sole discretion, to suspend, cancel or modify the Contest at any time if a computer virus, bug, malfunction, Manipulation, act of sabotage, act of God, or any other problem, regardless of the cause, affects, compromises, or corrupts the administration, security, or proper play of the Contest. Notice of cancellation will be posted at the Entry Site. Prizes that are not obtained through authorized legitimate methods, or are the result of Manipulation, mechanical, electronic, digital, computer or other error, are void. Sponsor shall not be obligated to award any prize that relates to or arises out of an irregular entry or improper or mistaken prize notification, operation or function of this Contest. No more than the stated number of prizes in these Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor), Sponsor cannot continue the Contest, Sponsor may, at its sole discretion, cancel this Contest.
14. Release of Liability; Limitation of Liability. By entering the Contest, entrant agrees to release the Sponsor, Contest Entities and Facebook from any and all liability claims or actions of any kind whatsoever for injuries, death, damages or losses to persons and/or property which may be sustained in connection with participation in the Contest, and/or the receipt, ownership, use, or misuse of any prize. Entrants agree that Sponsor, Facebook, their respective officers, directors and employees, and their agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:
a) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries, lost, misdirected or otherwise undeliverable mail, or postage-due notices, release forms, affidavits or other correspondence;
b) potential winner’s unsuccessful efforts to claim any prize;
c) any telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, slow-downs, failures, or difficulties of any kind;
d) failed, incomplete, garbled, or delayed computer transmissions;
e) human error, incorrect or inaccurate transcription of Entries;
f) any condition caused by events beyond the reasonable control of the Sponsor that may cause the Contest to be disrupted or corrupted, however minor;
g) any injuries, losses, or damages of any kind, including without limitation, personal injury, death and property damage arising in connection with or as a result of the acceptance, possession, or use of a prize, or from participation in the Contest;
h) any unauthorized Entries or Manipulation by a person;
i) any printing or typographical errors in any materials associated to the Contest, or errors attributable to a malfunctioning prize notice or pop-up window associated with the Contest;
j) any claims based on publicity rights, defamation or invasion of privacy;
k) any damage to any entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Contest;
l) any fraudulent mail/email sent to entrants not by Sponsor.
IN NO EVENT WILL SPONSOR, CONTEST ENTITIES, FACEBOOK OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR 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 OR IN CONNECTION WITH ENTRANTS’ (1) ACCESS TO AND USE OF, OR INABILITY TO ACCESS, THE ENTRY SITE, (2) DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE ENTRY SITE, (3) PARTICIPATION IN THE CONTEST OR ANY OF THE GAMES AVAILABLE ON THE ENTRY SITE, OR (4) ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ENTRY SITE, INCLUDING WITHOUT LIMITATION, THE CONTEST AND THE OTHER GAMES ON THE ENTRY SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND 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 ALL ENTRANTS. ENTRANTS SHOULD CHECK THEIR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
15. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any entrant and Contest Entities, shall be governed by, and construed in accordance with the laws of California. In any action brought to enforce the obligation or right of any party hereunder they consent to personal jurisdiction and venue in any court of appropriate jurisdiction in Los Angeles County, California, USA. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision.
16. Official Rules AND REGULATIONS/NAMES OF Winners. For a copy of these Rules or the names of the winners, send a self-addressed, stamped envelope to: Tennis Channel’s Racquet Bracket 2018 Australian Open Contest “RULES”/“WINNERS LIST” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by December 31, 2018. The Rules will be accessible from the Entry Site during the Contest Period. The winners’ names may be posted on the Contest Entry Site.
17. FACEBOOK. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand they are providing their Entry Information to Sponsor and not to Facebook. All trademarks are the property of their respective owners.
©2018 The Tennis Channel, Inc. All Rights Reserved.