Fantasy Cup Shootout

LEGAL RESTRICTIONS

Entry

To enter the Fantasy Cup Shootout One Race Challenge via the Internet, you must complete the registration and entry forms available at the Contest website. There is a limit of two teams per customer. All Internet entries must be received by the dropping of the green flag for the race on Saturday, February 7, 2009. Phone and fax entries have the same requirements.

Mailed entries must be received by Saturday, February 7, 2009.

Eligibility

The Contest is open to individuals who have reached legal age in their respective jurisdiction. Individuals who have not reached legal age in their respective jurisdiction can enter only with permission of a parent or legal guardian. Void where prohibited by law. Employees and immediate family members of Fanball, their sponsors, affiliates, subsidiaries, advertising and promotional agencies are not eligible to win prizes.

Contest Term

The Fantasy Cup Shootout One Race Challenge is based on the results from the Shootout Race on Saturday, February 7, 2009.

Prizes

Prizes are awarded at the end of the contest as follows:

FanPoints are part of a Fanball Reward Program; visit http://rewards.fanball.com for complete details .

CLUBHOUSE PRIZE! 1,000 FanPoints will be awarded to the Clubhouse teams in the Clubhouse with the highest average race score based on the total points accumulated by all teams in its Clubhouse divided by the total number of teams in its Clubhouse. For complete rules and prize information for Clubhouses, click here.

For Overall and League Prizes, ties will be broken using the following criteria:

1. Comparing each team's top scoring driver's points for the race.
2. If a tie remains, this process continues by comparing the second top scoring driver and so forth until the tie is broken.
3. If the tied teams have exactly the same scores for all 8 drivers, the participant with the highest leftover salary balance will win.
4. If there is still a tie, the 5 tiebreaker driver selections will be used to break the tie. The team with the highest scoring first place tiebreaker driver wins. If a tie remains, this process continues through all 5 tiebreaker driver selections until the tie is broken. The 5 tiebreaker drivers are compared in the order selected to break the tie.
5. If a tie still exists, the team that chose a race average speed closest to the actual race average speed is the winner.
6. If a tie still exists, winners will be randomly selected from the tied teams.

Please allow 6-8 weeks from the conclusion of the Contest to receive your prize. If you are required to sign an affidavit of eligibility and liability release, please allow 6-8 weeks from the time your signed affidavit and release is returned. All prizes are awarded regardless of the number of entrants or amount of entry fees received. No substitution or transfer of prize is permitted, except that Fanball reserve the right to substitute a prize of equal value or greater if the advertised prize is unavailable.

All prizes are awarded "as is" and without warranty of any kind, express or implied, (including, without limitation, any implied warranty of merchantability for a particular purpose). Prizes only will be awarded to teams whose customer accounts are paid in full. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. A 30% U.S. income tax withholding will be applied to all non-U.S. prize winners. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, Fanball reserves the right in its sole discretion to determine whether or not to award such prizes.

Notification

Winners are notified by email or regular mail within 30 days after the official final league and overall results (and associated winners) are posted at the conclusion of the Contest. Winners are also posted on the Contest website. Winners must return via email or regular mail an affidavit of eligibility and a liability/publicity release (unless prohibited by law) within 15 days following attempted notification. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. After 12 months, any unclaimed prize will be forfeited.

By accepting any prize, the winners grant permission to Fanball and Fantasy Cup to use their names and/or likenesses for publicity and promotional purposes without further compensation, unless prohibited by law, and agree to execute a written consent. In the event of dispute about the identity of any entrant, entries made online are declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner can be required to provide the sponsors with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.

Internet/Technology Problems

If, for any reason, the Contest 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 Fanball which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Fanball reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Contest. Fanball assumes no responsibility for any error, omissions, interruption, deletion, defect or delay in operation with transmission, communications, line failure, theft or destruction or unauthorized access to or allegation of entries. Fanball is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, servers, equipment or software, failure of any email or entry to be received on account of technical problems or traffic congestion on the Internet or at any website, phone lines, or any combination thereof, including any injury or damage to a participant's computer related to or resulting from participation in this Contest. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FANBALL RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

Disclaimers

Fanball and Fantasy Cup are not responsible for any late, lost, garbled, misdirected, incomplete, or damaged entries; any Contest disruptions, injuries, losses or damages caused by events beyond the control of Fanball; or any printing or typographical errors in any materials associated with the Contest. Fanball or any subsidiary or affiliated company of any of the foregoing, are not in any way responsible or liable for any damage, loss or injury (including death) resulting from participation in the Contest and/or acceptance and use of any prize won. Fanball is solely responsible for enacting, administering, enforcing the rules, and maintaining the integrity of the Contest. The Contest and website are not sponsored or endorsed by NASCAR.

Release

By participating in the Contest, you release and agree to hold harmless Fanball, its sponsors, parent companies, subsidiaries, affiliates, directors, officers, employees and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use of any prize (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

Official Rules

The Contest is subject to all United States laws, and to the Contest official rules, and cannot be used in connection with any form of gambling. By entering the Contest, you agree to abide by the terms of the official rules and by the decisions of Fanball, which are final on all matters pertaining to the Contest. Fanball reserves the right to change the official rules at any time, in its sole discretion. Official rules are the rules posted on the Contest website.

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