Document 6510537

Bully’s Pro Football “Pick the Winners”
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Get into your local Bully’s and scan the QR code with your smartphone to register Set up your FREE account with MJMSports.com Pro Football “Pick the Winners” is free to play Only one registered account per person Once registered, you can login to your account each week before kickoff to pick your winners Player may pick your winners before the Thursday night game but is not necessary Sunday at 9:55 AM PST deadline to make your picks for the week Points are awarded and standings are updated live at the end of each game Each Bully’s location will give away $100 in Bully’s Bucks for the top point earner each week Winner MUST be present at half time of the current weeks Monday Night Football game to claim prize If the top point earner is not present at time of giveaway, Bully’s will award prize to the next top point earner that is present Bully’s will give away the Grand Prize of a new iPad2 at the end of the year for the top point earner for the year at all Bully’s locations. Grand Prize winner need not be present to win Bully’s has the right to alter, change or cancel promotion or prizes at any time Bully’s Management reserves all rights to prizes and promotion(s) MJM Sports Official Rules: PRO FOOTBALL PICK THE WINNERS OFFICIAL RULES MJM FANTASY SPORTS CONTESTS ARE INTENDED FOR PLAY ONLY WITHIN THE 50 UNITED STATES (AND THE DISTRICT OF COLUMBIA). U.S. LAW GOVERNS THIS CONTEST. NO PURCHASE NECESSARY TO PLAY OR WIN. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN ONLY TO U.S. RESIDENTS, 21 YEARS OF AGE OR OLDER ONLY. VOID IN ALL U.S. TERRITORIES AND WHERE PROHIBITED BY LAW. 1. ELIGIBILITY: Participation in games and contests hosted on an MJM Sports Kiosk (the "Kiosk Event") is open only to legal residents of the fifty (50) United States or District of Columbia who are twenty-­‐one (21) years or older as of the date of entry, and are registered MJM Fantasy Sports participants. (Registration is free and is further described below.) Employees of (i) MJM Fantasy Sports, or their affiliates, advertising and promotional agencies and dealers or (ii) any entity directly connected with the development, implementation or marketing of a Kiosk Event, and the immediate family (spouse, parents, siblings and children) or household members of each such employee are not eligible. Any Kiosk Event shall be void where prohibited by law. 2. ACCEPT OFFICIAL RULES: Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions. The decisions of the Sponsor in regards to all matters of this Kiosk Event are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. 3. SPONSOR: Kiosk Events are sponsored by MJM Fantasy Sports and various partners depending on the individual event ("Sponsor"), for a list of sponsors for any individual Kiosk Event, please send an email to [email protected]. 4. ENTRY: To access the Kiosk Event, go to a participating retailer and log on using your user id and password. If you do not yet have a user id and password, go to the “new user” section and follow the step by step instructions to create a user id and password. You may register by clicking on the applicable link on the entry page for the Kiosk Event, and following the instructions. You will be asked to provide your name, e-­‐
mail address, zip code, birth date, gender and to select a password. You will also be asked if you wish to receive promotional emails or offers. You do not need to consent to receive these emails or offers in order to become a member. Even if you consent, you may subsequently opt-­‐out of receiving such emails or offers by clicking on the “manage my account” link on any kiosk. You may be asked to answer survey questions or to consent to receive promotional emails or offers. This is optional. You are not required to answer questions or to give consent to receive such emails or offers in order to be eligible to play in the Kiosk Event. You are responsible for the secrecy of your password. Sponsor, promoters or other third parties are not responsible or liable for any actions taken using your password. Registration is free and no purchase is necessary. LIMIT ONE ENTRY (i) PER PERSON (REGARDLESS OF THE NUMBER OF EMAIL ADDRESSES OR REGISTERED MEMBER ACCOUNTS), or (ii) PER EMAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME EMAIL ADDRESS). Use of any automated system (e.g., robots, automatic, macro, programmed or like entry methods) or submission of multiple entries 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. Change of Email Address. It is the sole responsibility of the entrant to notify the Sponsor during the Promotion Period if his or her e-­‐mail address changes. Entry Errors. 1. Neither Sponsor nor any promoter is responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. 2. Neither Sponsor nor any promoter is responsible for any unavailability of or interruptions to any service or equipment used in connection with the Kiosk Event, including without limitation (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. No Return of Entries; Disputes. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder, i.e., natural person, of the email address used to register will be deemed to be the registrant. Potential winners may be required to show proof of identification. Sponsor may require that the potential winner provide proof that he/she is the authorized account holder of the e-­‐mail address and/or password associated with the winning entry. 5. TIMING: Individual Kiosk Events begin and end at appropriate times with respect to the sports or entertainment activities to which they relate. Specific dates and times for finishing individual Kiosk Events can be found in the information section for that Kiosk Event. 6. Starting Date: The contest begins on August 1, 2012 and ends after the completion of the final game of the 2012 NFL Football Regular Season. 7. PRIZES: All prizes set forth on the Kiosk Event information page are guaranteed to be awarded, and are not transferable, assignable or redeemable for cash. No substitutions for prizes will be available. Travel related prizes must arrange for complete travel during the time period and subject to the restrictions (such as airline and hotel) set forth on the applicable Kiosk Event Information page. Travel is subject to availability and applicable airline restrictions. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Odds of winning prizes depend on the total number of eligible entries received and the relative knowledge of all entrants. All ties will be broken randomly or by a predetermined tie breaker associated with a specific contest. Substitution; Taxes. No cash or other prize substitution, assignment or transfer of prizes permitted, except at Sponsor's sole discretion due to prize unavailability. Sponsor reserves the right to substitute a prize with one of comparable value or greater value (e.g., Sponsor may opt instead to award the cash equivalent, up to but not greater than the approximate retail value, of any prize in lieu of the prize itself). Prize Delivery. Prizewinners should allow up to 6-­‐8 weeks after they return their signed, notarized affidavit to receive their prize. Affidavits must be signed and returned, post marked no more than 30 days after being sent from MJM. Affidavits not returned with a post mark within 30 days will be forfeited. Prizes returned as undeliverable or otherwise not claimed within fourteen (14) days after being sent will be forfeited. No Warranty. The prizes are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied from Sponsor or promoter, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Entrants acknowledge that Sponsor and its respective agencies or related companies have not made nor are in any manner responsible for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality. The only warranty for any prize is the standard limited written warranty from the prize's manufacturer, if any, which may be included with, and applicable to, the prize. 8. POTENTIAL WINNERS. Verification. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIBIGILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID. "Prize Notice" via Email or Mail. Winners will be notified via email (or overnight mail) sent approximately 30-­‐days following the end of the Promotion Period. Entrants are responsible for insuring that all mailing and e-­‐mail information is up-­‐to-­‐date and accurate. Alternate Potential Winners; Disqualification. A potential winner will be disqualified and an alternate potential winner will be selected (i.e., the person with the next most points) if (i) he/she does not comply with these rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within ten (10) days of its transmission (or receipt, if mailed), or if the emailed prize notice, after three attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Sponsor notifies, or seeks to deliver a prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Sponsor shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize (e.g., may choose another alternate potential winner in a manner consistent with these rules or donate the prize to another entity, at it's sole discretion). Minors. If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. A minor will not be allowed to participate in any portion of prize travel (where applicable) without being accompanied by his/her winning parent/legal guardian. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, parent/legal guardian Releases and Affidavits. As a condition of receiving a prize, potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice. Where applicable, the travel companion of the Grand Prize winner must also complete and sign a Liability Release and, where permitted by law, a Publicity Release included in winner's documents. Travel companion must be eighteen (18) years or older at time of document completion, unless traveling with winning parent/legal guardian. RELEASE. By participating in this Kiosk Event or receiving a prize, entrants (and in particular, winners) agree to release and to indemnify and hold harmless Sponsor, Promoter, and each of their respective related companies, and all of its or their company's officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Kiosk Event (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize). Publicity. Except where prohibited, participation in this Kiosk Event constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval. 9. CONDITIONS OF PARTICIPATION. Conduct. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Kiosk Event and to disqualify any individual who tampers with the entry process, violates these official rules, or acts in a disruptive or un-­‐sportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Incidents. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Kiosk Event if, in the Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Kiosk Event, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared). Cancellation. In the event of a cancellation or termination the entrant who has accumulated the highest point total (and who wins any pending tiebreakers) at the time of any said action will be awarded the prizes, or the prizes will be awarded in such other manner deemed fair and appropriate by Sponsor. 10. GAMBLING PROHIBITION: This Kiosk Event is strictly for entertainment purposes and may not be used in connection with any form of gambling. 11. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Kiosk Event; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses other security breaches; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Kiosk Event; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Kiosk Event or receipt or use of any prize. 12. DISPUTES/CHOICE OF LAW. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Kiosk Event or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in King county, Washington state; (2) any and all claims, judgments and awards shall be limited to actual out-­‐of-­‐pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Washington law, without reference to Washington’s choice of law rules, governs all Kiosk Events and all aspects related thereto. 13. PRIVACY. Personally identifiable information that is submitted by entrants as part of this Kiosk Event will be used to administer the Kiosk Event, select prize winners and fulfill prizes, and will be treated in accordance with Sponsor's privacy policy accessible on its website. 14. OFFICIAL RULES; WINNERS LISTS. For a copy of the Official Rules and/or list of winners, mail a self-­‐addressed stamped envelope to the address below. Requests must be received within 30 days following the end of each Kiosk Event. 15. Address; Copyright. Sponsor is responsible for the Kiosk Event and awarding of prizes. Sponsor's address is 2222 15th Ave. West, Suite B, Seattle, WA 98119. The Kiosk Event and all accompanying materials are copyright © 2012 MJM Fantasy Sports LLC.