Pickem & Race - Circuit 2

LEGAL RESTRICTIONS

Entry

To enter Pick’em & Race via the Internet, you must complete the registration and entry forms available at the Contest website. There is no limit to the number of entries allowed by an individual in the Contest. All Internet entries must be paid by credit card, using MasterCard, VISA, or American Express, and must be received by the dropping of the green flag for the race on Saturday, July 11, 2009. Phone and fax entries have the same requirements.

Mailed entries can also be paid by check or money order and must be postmarked by Friday, July 10, 2009, and received by Monday, July 13, 2009. There is a $25 fee for any returned check.

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.

Game of Skill

The Contest is a game of skill. Winners are determined by the objective criteria listed below. From all entries received, winners are determined by the individuals who use their skill and knowledge of relevant professional auto racing information and fantasy auto racing rules to accumulate the most Sprint Cup points during the Contest according to the official Contest rules.

Contest Term

Pick’em & Race • Circuit 2 begins with the race on Saturday, July 11, 2009, and ends with the race on Sunday, November 22, 2009, spanning 18 weeks of Sprint Cup races.

Prizes

Prizes are awarded at the end of the Contest to the top 100 overall entries as follows:

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

Cash prizes are awarded in U.S. dollars. Ties will be broken using the following criteria:

1. The entry that has selected more winning drivers (finishes first in the race) during the 18-race Contest will win.
2. If a tie still exists, weekly scores from Week 18 will be compared. The entry with the highest Week 18 score will win. If a tie still remains, this process continues through Week 17 to Week 1 until the tie is broken.
3. In the unlikely event that a tie still exists, cash prizes will be divided evenly among those who have tied.

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.

NO PURCHASE NECESSARY. To receive a copy of the official rules and a team selection entry form, void of all services, send a letter-size, self-addressed stamped envelope to:

Pick’em & Race • Circuit 2
PO Box 28336
St. Louis, MO 63146

One request per household. One request per envelope. All requests must be received by July 9, 2009.

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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