Official Rules for IRONMAN

THE GAME “IRONMAN” IS OPEN TO PLAYERS 13 YEARS OF AGE OR OLDER AND IS VOID WHERE PROHIBITED BY LAW.  RULES AND REGULATIONS SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS GAME IF YOU ARE UNDER THE AGE OF THIRTEEN (13).

YOU MUST BE A MEMBER TO PLAY OR WIN.   PLAYERS MAY PARTICIPATE ONCE THEY HAVE COMPLETED THE “MEMBER REGISTRATION” PROCESS AT WHICH TIME THE PLAYER IS ELEGIBLE TO PLAY AND/OR WIN APPLICABLE PRIZES. 

These are the official rules (the "Official Rules") for “IRONMAN Football ” (the "Game "). The Game is licensed by Intellectual Properties Discretionary Trust (“IPDT”) to K. Hiatt & Associates, Inc., (the “Company”) for its sole use in accordance with Fantasy Sports 4.0 (www.fantasysports40.com ).

1.        ELIGIBILITY:

The Game is open to legal residents thirteen (13) years of age or older as of the date of entry and who are registered members www.fantasysports40.com (a "Player"). Registration is required and is further described below.  The following are not eligible for the Game: (a) employees and agents of IPDT or the Company, subsidiary and/or affiliated companies, and their respective advertising/Game agencies; immediate family members and/or household members of any of the persons set forth in (c) above.   The Game is void where prohibited by law.  The “Game” and the “Site” comply with US Federal Regulations as Defined in 31 U.S.C. 5362 “Fantasy Sports” and are in compliance, regarding Fantasy sports games, and this game is further defined to be compliant with “online arcade entertainment games.”  Participation at any level in the Game constitutes Player’s full and unconditional agreement to these Official Rules and to the Company’s decisions.   The decisions of the Company regarding all matters relating to the Game are final and binding.   Winning a prize is contingent upon fulfilling all requirements set forth herein.   From all eligible participants, the winners will be determined based on their ability to use their skill and knowledge of U.S. Professional Football  during the 2007-08 U.S. Professional Football  season

2.       TERMS

The GAME: The Game begins on Thursday September 6th 2007-08 at 7:45pm with a subsequent game beginning every week of the U.S. Professional Football   season through Week ten( 10) and ends upon the completion of the regularly scheduled U.S. Professional Football  season at approximately 1:01am EST, January 1st, 2008 EST. 

The Game Period(s): is limited to the Seventeen (scheduled weeks) ( 17 ) weeks of the regularly scheduled U.S. Professional Football  season.  A new version of the game will begin each week for the 1^st ten( 10) weeks of the regularly scheduled U.S. Professional Football season.  All games will end no later than the completion of the regularly scheduled U.S. Professional Football season at approximately 1:01am EST, January 1st, 2008 EST.  For purposes of these Official Rules all start and ending times are Eastern Standard Time ("EST").

3.     “IRONMAN”™ REGISTRATION  

To access the Game, log-on to www.fantasysports40.com .  To play the Game, you must be a registered member of  www.fantasysports40.com  or one of its affiliated sites.  Registration is required.  Each player must enter the required information accurately and a complete email address.  Player’s then an account activation email, which the Player must click the link to activate their account.  Information required to become a Member includes but may not be limited to any information the Company deems necessary to properly identify a Player in the event of a victory.   Such Information includes; actual Name, Address, City, State, Country, Postal Code, date of birth.  Player will also be asked to consent to receive Game emails or offers.  Consenting to receive Game emails or offers is optional and does not have to be agreed to in order to become a member or to win a prize.  As a member, Player may enter the Game by first logging in to the system with Player’s current username and password.  

4.    HOW TO ENTER

Enter Online: Log on to www.fantasysports40.com .  Prior to the start of the game, and complete your entry by clicking on the "Submit" button.

Limit: Players may participate in as many games as they like based on their current Membership Level.  (Choosing the same game two times in the same week constitutes playing two games at the same time.)

Void. Void where prohibited by law.  Player assumes responsibility for knowing their local state laws regarding legality of the Game.   It is not the responsibility of the company or it’s Licensors and/or assigns to render legal advice on every local municipality. 

Change of Account Information: It is the sole responsibility of the Player to correct their “Player Account” during the Game Period if his/her account information changes. To do so, click on the “ChangeAccount Information” link on your www.fantasysports40.com Member Home page, then follow the instructions or change the pertinent information and save the changes.

Entry Errors: Neither Company nor its Licensor’s and/or Assigns is responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified.   Any Blank information contained in an entry will be considered “Null” or “Zero” information and will be counted as “zero” or “no” score associated with that entry space.

Neither Company nor its Licensor’s and/or Assigns is responsible for any unavailability of or interruptions to any service or equipment used in connection with the Game including, but not limited to (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, (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 Company 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 Player. Potential winners may be required to show proof of identity. Company may require that the potential winner provide proof that he/she is the authorized account holder of the email address and/or password associated with the winning entry.

5.    HOW TO PLAY

Objective: 

The objective is for a participating Player to use his/her skill and knowledge of the game to choose from a list of teams and correctly choose a winning team for all seventeen (scheduled weeks) (17) weeks of the regular U.S. Professional Football season.  A participating Player may only pick a team once time during the “Game Period” (regular U.S. Professional Football season).  The winner will be determined after week two (2) when there is only one participant left or at the end of the “Game Period” which ever comes first.  If there are more than one participating Player’s at the end of the “Game Period” the use of the “Sudden Death Playoff Questions” (according to the rules contained herein), will be used to determine a winner.  NOTE:  Success/failure of weekly choices are not determined by any score or point spread (either published or unpublished) but is solely determined by the W/L of the team chosen for that particular week.  Also, final victory for this game is not determined by any single real world team or single real world event.)

IRONMAN - Football

a.       RULES

·         A Player must choose from a list of professional football teams for every week during the regular professional football season.

·        Players may pick a team only one (1) time during the contest period.

·        If the chosen team (the week that team is chosen) loses, the Player is eliminated from competition. (single elimination)

·        If the chosen team wins, the Player continues on in the competition

·        Picks MUST be made prior to the Lock Schedule “date and time” Deadline.

·        IF a Player does not choose prior to the Lock Schedule “date and time” Deadline, that is considered a “non-pick” and the Player is eliminated.

·        The last active Player wins.

·        If multiple Players are tied at the end of the game period (through week 17 of the professional football season), answers to the “Sudden Death Play Off Questions” will be used to determine the winner. (see play off rules )

·        Prizes are predetermined and will be distributed to winner according to Prize Policy as defined.

b.       Game Decisions

The decisions of the U.S. Professional Football officials responsible for officiating actual Game(s) shall be final and binding regarding the outcome and scoring of each statistic required for participation in the “Game” for the entire Game Period.

c.       Sudden Death

Players participate in their respective games until only one player remains or the regularly scheduled or abbreviated U.S. Professional Football Season ends.  At the end of the regularly or abbreviated scheduled U.S. Professional Football season (excluding playoffs), if there is more than one eligible Player remaining, ties will be broken through the use of a series of tie breakers and Sudden Death Questions (which all Players answered in advance of the “First Week” of the Game) or, (in the case of single elimination games, if all remaining Players are eliminated in the same week this series of tiebreakers will be used to determine the “winner.”)  During the Sudden Death process, Player’s will be eliminated at each step, until a single winner is determined.

d.       How Sudden Death Winner is determined

a.       There are 6 rounds of Sudden Death. 

b.       Round One:  All eligible Players remaining at the end of the regularly scheduled or abbreviated U.S. Professional Football season (excluding playoffs) will have the total combined scores from their chosen selections.  The player with the highest point value based on the combined scores of all choices will be declared the “Winner.”  In the event that More than one eligible player has the exact same highest point value, the remaining Player’s will move to Round 2.

c.       Round Two through Six: Beginning with Question One of the five (5) “Sudden Death Tie Breaker Questions” each Player answered prior to the “First Week” of that particular Game.  The Player with the correct answer will be declared the “Winner.” In the event that no Player has the “exact” correct answer the Player with the answer closest without going over will be declared the “Winner”.  If more then one player has the exact same answer that is closest to (without going over) will move to question 2 and so on and will continue until One (1) Player is declared the “Winner.” 

d.       If after all six rounds of Sudden death more than one player is left, the declaration of the “Winner” will be determined by random drawing.

e.       All decisions of the Company are final.

6.  PRIZES

In accordance and compliance with local, State and Federal Laws regarding (Non-gaming) online arcade games, and “Fantasy Sports Games” as Defined in U.S.C. 31: 5362 (as determined in HR 4411) all prizes for this game are predetermined in advance, are published at www.fantasysports40.com for all players to review, and are NOT paramutual in nature, and is NOT determined by the Monthly Membership Fee. Some Prizes offered to winners are based on “Fair Market Value” of the Prize, in such instances; the Company also includes a “Maximum Value” of that prize.  The Company will NOT exchange Prizes for “Cash or any Cash equivalent” unless the prize for the game is pre-determined to be “Cash.”

Company will award one (1) "Grand Prize" to the Player who wins their respective game, in some cases the Company may award prizes to players who place through 10^th place, however that will be determined in advance and all applicable prizes will be listed.  

Odds of winning the Grand Prize depend on the total number of eligible entries received and the Player’s relative skills and knowledge of U.S. Professional Football.

Substitution; No cash or other prize substitution, assignment or transfer of prizes permitted. Company reserves the right to substitute a prize with one of comparable value if the prize is unavailable or exceeds the predetermined maximum value (as determined by the Company) for that prize.

a.       Taxes: THE WINNER IS SOLELY RESPONSIBLE FOR ALL TAXES, INCLUDING BUT NOT LIMITED TO FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE.

b.       Prize Delivery: Grand Prize winner should allow up to 4-6 weeks after they return their signed and notarized affidavit to receive their prize. Prizes returned as undeliverable or otherwise not claimed within fourteen (14) days after being sent will be forfeited.

c.       No Warranty: Players acknowledge that the Company, it’s Licensors and/or assigns neither offers nor implies in fact or in law any warranty, representation or guarantee, relative to prizes, including but not limited to product quality.

7.     WINNERS

Verification:  All potential winners must be verified by the company, whose decisions are final. The Company shall determine forms of verification to be used in conjunction with the awarding of any prize.   A Player is not considered a final winner until his identity has been successfully determined to the satisfaction of the Company. Company’s verification process will be the only acceptable process to determine validity of a Players identity.   If the system has failed for any reason any Player that  makes an entry after such a failure has occurred may at the Company’s sole discretion be determine to be null and void.

"Prize Notice" via Email or Mail: Potential winners will be notified via email (or overnight mail) sent within thirty (30) days following the end of the Game Period. Players are responsible for making sure that all addresses (email or U.S. Postal addresses) are up-to-date and accurate.

Alternate Potential Winners: A Player may be disqualified if he/she (a) does not comply with these Official Rules (b) is determined to be ineligible, (c) does not respond to the prize notification within fourteen (14) days of receipt, (if sent via U.S. Postal mail), or if the Prize Notification was emailed, after three (3) attempts, or (d) the Notification or the prize is undeliverable for any reason. If the actual winner cannot be notified or verified an alternate winner will be chosen (i.e., the person with the next most points) and hence use the same process to verify and deliver to the alternate winner the prize.  If the alternate Player is subsequently disqualified the Company shall use in its sole judgment determine, the disposition of the prize and all decisions are final.   

Minors: If a winner is a minor in his/her jurisdiction of primary residence, the prize verification must include the but not limited to, printed name, written signature, social security number and photo copy of a Picture ID of said minor’s parent or legal guardian.  Such signature is the parent or legal guardian’s acceptance of all terms and conditions as set forth in the official rules including but not limited to the minor’s participation, and any local, State, or Federal taxes that may be due and payable for acceptance of any prizes awarded. 

Conditions of Participation: As a condition of receiving a Prize, a winning Player will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited by law, a Publicity Release, within fourteen (14) days of the date stated on the prize notification.

Indemnity Release  By participating in this Game or receiving a prize, Players (and in particular, winners) agree to release, indemnify and hold harmless the Company, its Licensors and/or assigns and all the related company's officers, directors, employees and agents for any liability, injury, death, loss or damages to Player 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 Game (or related activities) or the acceptance, possession or use/misuse of a prize (including any travel or activity related to the prize, if applicable).

Publicity: Except where prohibited, participation in this Game constitutes winner's consent to the Company, its Licensors and/or assigns use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or Game purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.

8.     GAME MODIFICATION

Company reserves the right, in its sole discretion, to modify, cancel, terminate or suspend this Game without advance notice for any reason including, without limitation, if (a) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Game ; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).  In the event of a cancellation or termination the Player after any pending tiebreakers at the time of any said action will be awarded applicable prizes and determined to be the “Winner.”

9.     GAMBLING PROHIBITION

 This Game is strictly for entertainment purposes and may not be used in connection with any form of gambling.

10.   LIMITATIONS OF LIABILITY

The Company, its Licensors and/or assigns are not responsible for: (a) any incorrect or inaccurate information, intentional or otherwise regarding a Player; (b) printing errors or by any of the equipment, hardware, software or programming associated or used with the Game ; (c) 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; (d) digital or electronic disruptions, e.g., viruses other security breaches; (e) unauthorized human intervention, e.g., hacking; (f) technical or human error which may occur in connection with any aspect of the Game ; (g) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Player 's participation in the Game , access to, copying or downloading materials from www.fantasysports40.com  or any other website, or receipt or use of any prize.

11.     DISPUTES/CHOICE OF LAW

Except where prohibited, each Player agrees that: (a) all issues and questions concerning these Official Rules shall be governed by United states law as governed by the state of Indiana without giving effect to any principles of conflicts of law of any jurisdiction; (b) any and all disputes, claims and causes of action at law or in equity arising out of or relating to this Game or any prize awarded shall be (i) resolved individually, without resort to any form of class action; and (ii) filed only in the state courts situated in Marion County, , Indiana and each Player hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such disputes, claims or causes of action; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by the Player in direct connection with participation of the Game, but in no event attorneys' fees; and (iv) Players (by their act of participation in the Game, waives any and all rights too - and under no circumstances will be permitted -  to obtain awards for or claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses incurred in the participation of the Game, including but not limited to any and all rights to have damages multiplied or otherwise increased.

12.     PRIVACY

Personally identifiable information that is submitted by Player s as part of this Game will be used to administer the Game , and verify winners to accurately deliver prizes, and will be treated in accordance with the Company's privacy policy accessible on its website at www.fantasysports40.com.

13.      ALL RIGHTS RESERVED

The Game and all accompanying materials are Licensed by IPDT copyright © 2006 to K. Hiatt & Associates, Inc., for is sole use.

END OF OFFICIAL RULES