USA Track & Field, Inc. Fantasy Pick'Em Pools OFFICIAL RULES
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase of any other items or service will not improve your chances of winning. Void where prohibited. USA Track & Field, Inc. (“USATF”) Platform (the “Platform”) consists of the Website (defined below) and App (defined below), through which registered users may enter individual contests (each a “Contest”) that correspond to various, real-world track & field, sporting or other events (“Games”). Each Contest will consist of an entry period (each an “Entry Period”; collectively, “Entry Periods”) that will begin when the Contest is available to enter on the Platform (“Entry Period Start Time”) and will end at a specified time (“Entry Period End Time”). All times in the Platform refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Platform is subject to all applicable federal, state and local laws. ELIGIBILITY: Open only to permanent, legal United States residents who are physically residing in one (1) of the fifty (50) United States, (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the Entry Period Start Time for the Contest in which entrant intends to enter. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win any Contest in the Platform. Any individual whose participation in a Contest that may undermine the integrity of the Contest or the sports event, or any person who is prohibited for other good cause, including, but not limited to: any individual placing an entry into a Contest as an agent or proxy; any person who is an USATF athlete, coach, official, player, or a person who holds a position of authority or influence sufficient to exert influence over the participants in a Contest, including, but not limited to, coaches, managers, handlers, athletic trainers, or a person with access to certain types of exclusive information on any Contest or event overseen by USATF. Contest Entities, as referenced herein, shall include: USA Track & Field 130 E. Washington St., Suite 800 Indianapolis, Indiana 46204, prize provider(s) identified on the Platform, and each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Platform. You are not eligible to enter or win any Contest in the Platform if: (a) by virtue of your affiliation or employment with another company operating in the fantasy sports or sports gaming industry, you have or have had access to that company’s pre-release, non-public, or confidential data or other information that is not available to all other entrants of the Contest that may provide you an advantage in any such Contest in the Platform; (b) you are an official, referee, coach or professional athlete, or agent of any official, referee, coach or professional athlete, whose performance may be used to determine the outcome of any Contest in the Platform; or (c) you are a commissioner, owner or employee of USATF, a professional sports league/association or its member teams, including team management, team support personnel, and other individuals. TO ENTER: To enter a Contest on the Platform, during the applicable Contest Entry Period, either: (i) visit www.usatf.org/pickem (the “Website”) and follow the provided instructions to become a registered user on the Platform, and become a registered user on the Platform. Entrants must agree to the Platform’s Terms of Use and Privacy Policy to become a registered user and to enter any Contest on the Platform. Limit one (1) user registration per person. Once you have become a registered user on the Platform, select the Contest which you intend to enter and follow the provided instructions to complete and submit the applicable Contest entry (the “Entry” or “Entries”). HOW EACH ENTRY WORKS: Pick the correct answers for each question by the start of the featured USATF meet for a chance to win a share of the grand prize! The official meet results and televised broadcast will be used to determine the correct answers. Where USATF determines there is a change in the participant(s) and/or event(s), USATF reserves the right to modify the relevant question to reflect the new participant(s) and/or event(s) or cancel the contest or portion of the contest, as the case may be, as determined by USATF. All prizes will be distributed at the end of the game. Payout details are available at usatf.org/pickem. The prize amount will be split among all participants with the highest number of correct answers in the given pool. The start time is subject to change.
Entries will close 30 minutes before the first event. It is the responsibility of the player to keep track of late adds or drops on the start lists; if you select an athlete who drops late from the field and you’re able to change your picks, you are welcome to do so. Simply use the same email address and your latest entry will be kept and used for official scoring. You may submit only one (1) Entry for each Contest, unless otherwise specified in a Contest’s Rules. Multiple Entries received from any person beyond this limit will void all such additional Entries. USATF shall be the official timekeeper for all matters related to any Contest in the Platform. Entries that are incomplete, garbled, corrupted, suspect, fraudulent, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. “Receipt” of an Entry only occurs when USATF’ servers record an entrant’s registration information and Entry during the corresponding Entry Period. Screen shots, printouts or any other purported “proof” or “evidence” of entry or winning whatsoever, in lieu of USATF’s validation process, shall not be binding under any circumstances. Proof of submission (such as an automated receipt, screen shots, electronic mail, etc.) shall not constitute proof of actual receipt of Entry for purposes of these Official Rules. PRIZES: Prizes (“Prizes”) may awarded to Winner(s) based on the scoring results of select Contests. Prizes may vary by Contest. Prize information, including the specifics regarding the Grand Prize for each Contest will appear on the Contest’s Information Pages. The Grand Prize may be a non-cash prize, such as a paid trip to a USATF event. (This may include airfare, hotel accommodations and related expenses). There will be no cash equivalent option (in lieu of the trip) afforded to the Winner of the Grand Prize. Entrants may only win one (1) Prize in each Contest, unless otherwise specified in a Contest’s Information Pages. Prior to awarding any Prize, USATF may conduct checks for compliance with these Official Rules, eligibility and identity verification, evidence of fraud or other prohibited conduct (as determined by USATF in its sole discretion). In the event that an entrant accumulates prizing with an Actual Retail Value (“ARV”) of six hundred dollars ($600) or more in a single calendar year, USATF will furnish an Internal Revenue Service Form 1099 to such entrant for the ARV of Prize(s) for the year in which Prize(s) was won. CONDITIONS: By entering any Contest on the Platform, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, USATF, and each of its respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Platform and/or his/her acceptance, possession, use, or misuse of Prize(s) or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Platform and to hereby acknowledge that Released Parties 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(s), including express warranties provided exclusively by prize supplier that are sent along with Prize(s); (c) if selected as a Winner, to the posting of such entrant’s name on the Platform and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Platform itself, and to be bound by all decisions of USATF, which are binding and final. Failure to comply with these conditions may result in disqualification from any Contest on the Platform or forfeiture of Prize(s) at USATF’s sole discretion. ADDITIONAL TERMS: USATF reserves the right to permanently disqualify from the Platform or any Contest any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Platform or the operation thereof is unlawful and subject to legal action by USATF, who may seek damages to the fullest extent permitted by law. The failure of USATF to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of USATF (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Platform. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. USATF does not warrant or make any representations of any kind with respect to the information provided through the Platform, including, without limitation, Live Information, and USATF shall not be responsible or liable for the accuracy, usefulness, or availability of such information, or for any errors or omissions in connection therewith. USATF reserve the right to cancel, modify, or suspend any Contest in the Platform or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, USATF reserves the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Platform. USATF may prohibit any entrant or potential entrant from participating in any Contest in the Platform, void any Entries submitted by such entrant or potential entrant or disqualify such entrant or potential entrant from any Contest if such entrant or potential entrant engages in any conduct USATF, in its sole discretion, determines to be improper, unfair, fraudulent or otherwise adverse to the operation of the Platform or in any way detrimental to other Entrants or potential Entrants (“Improper Conduct”). If any entrant or potential entrant engages in any Improper Conduct (as determined by USATF in its sole discretion), Prizes may be delayed, withheld and/or forfeited, and USATF may require the return of any Prizes that have already been awarded. Improper Conduct includes, without limitation: violating or showing a disregard for these Official Rules; acting with an intent to annoy, abuse, threaten, or harass any other entrant, USATF, or USATF’s agents or representatives; tampering or attempting to tamper in any way with the Platform (or any computers, programs or networks associated with the Platform), any Contest’s entry process or the operation, gameplay and/or results of any Game or Contest; falsifying personal information, including information required to use the Platform, enter any Contest or win any Prize; violating eligibility requirements; or behaving in any other disruptive manner (as determined by USATF in its sole discretion). USATF reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Platform. BINDING ARBITRATION AND CLASS ACTION WAIVER – PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor USATF will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. You and USATF agree to arbitrate, as provided below, all disputes between you (including any related disputes involving USATF, or its affiliates), that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. DISPUTES: THE PLATFORM AND CONTESTS ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF INDIANA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN INDIANAPOLIS, INDIANA IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN INDIANA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF MARION. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. WINNER ANNOUNCEMENT: For the names of Winners, available seven (7) days after the conclusion of any Contest, send a self-addressed, stamped envelope to be received within sixty (60) days of the conclusion of such Contest to: USA Track & Field, 130 E. Washington St., Suite 800, Indianapolis, Indiana 46204. USATF trademarks, service marks, copyrights, and the USATF marks used herein are proprietary to USATF. All rights reserved.