No purchase necessary to enter or win. The Sherdog MMA Pick'em ("Challenge") is an online mixed martial arts ("MMA") competition prediction challenge. The Challenge is operated by FightMetric LLC (the "Administrator") on behalf of CraveOnline Media, LLC (the "Sponsor") owner of Sherdog.com. The Sponsor, Sherdog.com and Administrator will be referred to herein as the "Challenge Entities".
PARTICIPATION CONSTITUTES ENTRANT'S FULL AND UNCONDITIONAL AGREEMENT TO THESE OFFICIAL RULES (THE "OFFICIAL RULES") AND TO CHALLENGE ENTITIES DECISIONS. THE DECISIONS OF THE CHALLENGE ENTITIES IN REGARDS TO ALL MATTERS OF THIS CHALLENGE ARE FINAL AND BINDING. WINNING A PRIZE IS CONTINGENT UPON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. THIS CHALLENGE IS DEVISED AS A NON-GAMBLING PROMOTION AND IS INTENDED SOLELY FOR ENTERTAINMENT PURPOSES.
Official Rules
1. Description
The Challenge is based on the results of the Mixed Martial Arts events taking place between January 1, 2013 and December 31, 2013(the "Season"). The Season consists of at least thirty (30) separate events ("Event"), each consisting of several fights between different MMA fighters (each a "Match"). "Entrants" (as defined below) will be awarded points by correctly predicting the winner of each Match ("Prediction") in each Event of the Season as detailed below. Prizes will be awarded to those Entrants who have accumulated the most points during the Challenge as described below. The Challenge is a game of skill based on objective criteria used to accumulate points, which, in turn, are used to determine the winner. As in any game, the number of participants will affect each Entrant's ability to win. Each Entrant may only enter the Challenge once. For each Event, each Entrant may only submit one (1) entry per Match. If an Entrant exceeds the entry limitations; the Entrant will be disqualified and no prizes will be awarded.
* The Challenge "Registration Period" begins on or about January 7, 2013 at 12:00 pm Eastern Time ("ET")/ 9:00 am Pacific Time ("PT") and ends on or about December 31, 2013 at 5:00 pm ET/ 12:00 pm PT.
* For each Event, Entrants, based on skill, knowledge and understanding of MMA fighters, will make their Selection. The Website will be available for Selections the later date of (a) one week prior to the Event or (b) when the total Matches for the Event have been officially announced and will close on the day of the Event at one hour prior to the actual start time of the Event (the "Selection Period").
2. Eligibility
Challenge is open only to legal residents of the United States (excluding Rhode Island) and Canada (excluding Quebec) who are at least eighteen (18) years of age or the age of legal majority in their state of primary residence at time of entry ("Entrant"). Each Entrant must be the rightful owner of the e-mail address identified in the Entrant's entry at the time of registration. In the event of a dispute as to the identity of a winner, the winner will be deemed the person in whose name the email account was opened. Employees, shareholders, officers, directors, agents, and representatives of Challenge Entities, and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives and promotion and advertising agencies, together with the Immediate Family Members and/or those living in the same Household of such persons, are not eligible to participate in the Challenge. Challenge void where prohibited. For purposes of the Challenge, "Household" shall mean those people who share the same residence at least three months a year and "Immediate Family Members" shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses.
3. How to Register and Select Picks
* To participate in the Challenge, you must create a Sherdog MMA Pick'em ("Account"). To create an account, visit fantasy.sherdog.com (the "Website") during the Registration Period and complete the online registration with your full name and email address. You must also select a user name and password.
* The Challenge Entities may send emails during the Season to Entrants regarding the Challenge.
* Entrants must then return to the Website during the Selection Period, log-in to his/her account and predict the following for each Match of the Event: (a) the MMA fighter who will win the Match by clicking on the MMA fighter's name; (b) the round in which the MMA fighter will win by clicking on the number of the round; and (c) the method by which the MMA fighter wins by clicking on submission, knockout or decision. Entrants will not receive credit for selecting the correct round, and method, if he/she does not select the correct winner. Entrants will also have the option to select a "Boost" for a limited number of Matches in each Event, by clicking on Boost. Selecting Boost provides extra points to the Entrant, if Entrant selects the correct MMA fighter to win the Match, but can result in losing points if Entrant selects the wrong MMA fighter to win the Match.
* After completing the Predictions, Entrants must click the "Save" button on the form to register the entry. If Entrant does not submit the form, the entry will not be valid. If Entrants wish to make changes to their selections, they may go back and change a selection at anytime during the Selection Period. No changes or revisions to the Challenge submission will be permitted after the close of the Selection Period.
* In the event that either of the MMA fighters scheduled for a particular Match change during the Submission Period, all picks for the Match will be cleared and Entrants will be responsible for making a new pick. In the highly unlikely event that the MMA fighters scheduled for a particular Match change after the Submission Period, all picks for the Match will be cleared.
* Incomplete or unintelligible entries will be disqualified. All information provided by Entrant becomes the property of Challenge Entities. The secrecy of Entrant's password is the sole responsibility of Entrant. Challenge Entities and other third parties are not responsible or liable for any actions taken using Entrant's password.
* Entrants may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. Entrants are not required to answer questions or give consent to receive such emails or offers in order to be eligible to play in or win the Challenge.
* ELIGIBLE ENTRANTS MUST PROVIDE SUBMISSIONS IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED.
4. Scoring
Entrants will earn points based on correct prediction of winning participants in the each of the Matches in each Event of the Season. The maximum amounts of points that can be awarded in a Match are two hundred and ten (210) points. The maximum amounts of points that can be earned if all Matches are predicted correctly vary depending on how many Matches take place in each Event and how many Events take place during the Season. Challenge points will be awarded as follows:
MMA Fighter
Plus 50 points for each correct selection;
Method & Round
Provided the Entrant selected the correct MMA Fighter as the winner in the Match: Plus 60 points if Entrant correctly selects the Decision Method or plus 30 points for each correct selection of the KO/TKO and Submissions Methods; and if the Method in the Match was KO/TKO or Submission, plus 30 points for each correct Round selected; and
Boost
Plus 100 points for the correct selection of the MMA fighter who wins the Match; Minus 50 points for the incorrect selection of the MMA fighter who wins Match.
In the event of a tie, ties will be broken in the following order:
* Number of correct picks;
* Tie-breaker #1 - the smallest delta from the answer to the first Tie Breaker prediction question to be determined by the Challenge Entities. and
* Tie-breaker #2 - the smallest delta from the answer to the second Tie Breaker prediction question to be determined by the Challenge Entities.
5. Groups
Entrants can create or join public or private groups of friends or other users with similar interests, skill level, etc. When creating a private group, Entrant will be asked to enter a password. Group standing or participation has no outcome on the total Challenge outcome.
6. Winners
Each Event shall have one "First Place Winner" based on the Entrant with the highest number of total points earned throughout the Event. At Sponsor's sole discretion, certain Events may include a "Second Place Winner" based on the Entrant with the second highest number of total points; a "Third Place Winner" based on the Entrant with the third highest number of total points; and additional winners based on the subsequent ranking of points (First Place Winner, Second Place Winner, Third Place Winner, Grand Prize Winner, and additional winners, as applicable, are collectively referred to as the "Winner(s)"). Selection of each Winner is subject to the verification of this/her eligibility for the Challenge and any federal, state, or local law. At Sponsor's sole discretion, there may be a "Grand Prize Winner" selected after the conclusion of the Season. The Grand Prize Winner will be the Entrant with the highest number of total points earned throughout the Season.
7. Prizes
Sponsor is in no way obligated, but may award prizes to each Winner in its sole discretion. Sponsor will determine the type of prize at the start of the Event however prizes are subject to change at any time without notice. Limit one (1) prize per Household per Season. ALL FEDERAL, STATE, PROVINCIAL AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prize winners cannot assign or transfer any prize to another person. No cash or prize substitution is allowed except at the discretion of Challenge Entities. If a prize cannot be awarded due to circumstances beyond the control of the Challenge Entities, a substitute prize of equal or greater retail value may be awarded. The ARV of any prize represents Challenge Entities good faith determination of the maximum retail value thereof. No refunds or credit for changes are allowed. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. The prizes are awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. If prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Challenge Entities sole discretion. Other restrictions may apply.
8. Winner Selection and Notification
If Sponsor decides to award Prizes for a particular Event, in its sole discretion, the following Winner Selection and Notification process will apply. All Winners will be notified via email at the email address listed in their Challenge Registration on or about one week after the close of the relevant Selection Period. Winners will be required to respond (as directed) to the notification within seventy-two (72) hours of first attempted notification. The failure of any Winner to respond timely to the notification in a timely manner may result in forfeiture of the prize. Winners will be required to verify eligibility and return within five (5) days an Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any applicable forms required by a taxing authority (collectively, "Prize Claim Documents"). The failure of any Winner to return the Prize Claim Documents in a timely, complete, and accurate manner may result in forfeiture of the prize and, in such case, Administrator may re-award the prize to an alternate winner according to point scores. Prizes will not be awarded until all such properly executed forms are returned.
9. Conditions of Participation/Releases
Challenge is void where prohibited or restricted by law. All federal, state, provincial and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Challenge Entities, which shall be final in all respects. By participating in this Challenge and/or by accepting any prize that they may win, each Entrant agrees to release the Challenge Entities; each of their respective parent, subsidiary and affiliated companies, including all affiliates in Canada, units and divisions and advertising and promotional agencies and prize suppliers; each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Challenge and/or acceptance, use, or misuse of any prize. Each Entrant authorizes the Challenge Entities and their assigns to use his/her name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, throughout the universe in perpetuity, or on a winner's list, if applicable, without further compensation unless prohibited by law. Challenge Entities are not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at the Challenge Entities' sole discretion, without further obligation or compensation. By entering the Challenge, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Challenge, but in no event will Entrant's attorneys' fees be awarded or recoverable; and (3) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession, use or misuse of a prize, or from participation in the Challenge; (v) the Entrant's claim that he or she has somehow been defamed or portrayed in a false light or (vi) any printing, typographical, human administrative or technological errors in any materials associated with the Challenge. Challenge Entities assume no responsibility for any damage to an Entrant's computer system, which is occasioned by accessing the Website, or participating in the Challenge, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Challenge Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Challenge (or any portion of the Challenge) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Challenge and, in such situation, to select the winner(s) from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Challenge Entities.
10. Prohibited Activity
Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) is prohibited. Any attempt by any Entrant to use an automated system or to obtain more than one (1) entry by using multiple/different email addresses, identities or any other methods, will void all of that Entrant's entries, and render that person ineligible to receive any of the prizes. Entry materials/data that have been tampered with or altered are void. Challenge Entities may prohibit you from participating in the Challenge or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Challenge by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Challenge Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CHALLENGE. SHOULD SUCH AN ATTEMPT BE MADE, CHALLENGE ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. Governing Law
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR THE CHALLENGE ENTITIES IN CONNECTION WITH THE CHALLENGE OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CHALLENGE, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, UNITED STATES, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE CHALLENGE ENTITIES, THEIR PARENT, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES, WEB MASTERS/SUPPLIERS, VENDORS, CONTRACTORS 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 ENTRANT'S IN THE CHALLENGE. WITHOUT LIMITING THE FOREGOING, EVERY ELEMENT OF THE CHALLENGE, INCLUDING, BUT NOT LIMITED TO, ALL PRIZES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE CHALLENGE ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW 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.
12. Privacy Policy
Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://www.craveonline.com/privacy?site=www.sherdog.com. By entering the Challenge, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Challenge Entities for the purpose of Challenge administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as explicitly described herein.
13. Sponsor
CraveOnline Media, LLC, 5140 W. Goldleaf Circle, Third Floor, Los Angeles, CA 90056.
14. Administrator
FightMetric LLC, 1900 L St. NW Unit 515, Washington, DC 20036.
15. Prize Winner List
For the list of prize winners, if applicable, or a copy of the Official Rules, mail a self-addressed, stamped envelope to CraveOnline Media, LLC; Attention: Sales Department; 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056 (VT residents may omit return postage) such that it is received by no later than July 1, 2012.