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Rules

NO PURCHASE NECESSARY TO ENTER OR WIN.

1. DESCRIPTION: The “iBerkshires Pro Football Pick’em” (“Pro Football Pick’em") is an online professional football winner prediction challenge.

The Pro Football Pick’em registration period begins on Thursday, September 3, 2015 at 12:00pm Eastern Time (“ET”) and ends on Sunday, January 3, 2016 at 12:55 pm ET (“Registration Period”).

Beginning with the first scheduled professional football game of the 2015-2016 season, currently scheduled to take place on Thursday, September 20, 2015, “Entrants” (as defined below) will have the opportunity to use their skill and knowledge of professional football to predict the winners of the games (each, a “Game” and collectively, the “Games”) during the seventeen (17) weeks of the regular season by proceeding to the Pro Football Pick’em page and completing predictions (a “Pick”) for each of the seventeen (17) weeks of the regular season according to the on-screen instructions. Entrants can join the Pro Football Pick’em at any point during the Registration Period. Entrants can opt to participate or not participate in each week in their sole discretion; Entrants do not have to participate for the entire season to be eligible for a prize and participation in any one week will not affect any such Entrant’s chance of winning a “Weekly Prize” (as the term is defined below) in any future week.

Picks must be entered as follows:

Monday, Wednesday, Thursday and Saturday Games: Picks lock five (5) minutes prior to scheduled kick-off for EACH Game on such day.

Sunday Games: Picks for ALL Games lock five (5) minutes prior to scheduled opening kick-off of the FIRST Game of the day (approximately 12:55 pm ET).

In the event that a Pick is not entered before the Game locks, this Pick will be counted as an incorrect selection against the Entrant’s record.

Each correct Pick is worth one (1) point. No points will be awarded for ties; no points will be deducted for losses. Each Entrant must pick the winning team in order to be awarded the point.

Additionally, Entrants will be asked to predict the final score of the LAST Game played in each given Week (“Tie-Breaker Game”) to serve as a tie-breaker. Tie-breaker rounds are detailed in Section Four (4) of these official rules (“Official Rules”).

2. ELIGIBILITY: Pro Football Pick’em is open only to legal residents of the 50 United States and Washington D.C., who are at least 18 years of age or the age of legal majority in the 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. 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. All employees of Boxcar Media, LLC and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether related or not), are ineligible to participate in the Challenge. All applicable federal, state and local laws and regulations apply. Void where prohibited or restricted by law. Entry in the Challenge constitutes your full and unconditional acceptance of these Official Rules.

3. HOW TO REGISTER AND PARTICIPATE: To register, visit http://www.iberkshires.com/sports/football/index_new.php3 (the “Website”) and complete the online registration form. Once registered, Entrants will pick the winners of each division and the wild card teams for the 2015 NFL season, then submit Picks for each Game, according to the instructions as detailed on the Website and in the Pro Football Pick’em Description in Section One (1) of these Official Rules. After entering selections, Entrants must click the “Submit” button on the form to register the Picks. If Entrant does not submit the Picks, according to the instructions, the Picks will not be valid. If Entrant wishes to make changes to Picks, Entrant may go back and change a Pick any time prior to the lock time for each Game. No changes or revisions will be permitted after lock time, as detailed in Section One (1). All information provided by Entrant becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED

 

4. WINNER SELECTION, NOTIFICATION & TIE BREAKERS: From all eligible entries received the Entrant(s) with the best record each week (“Potential Weekly Winner”), as determined by the number of correct predictions/points accumulated by that Entrant during each applicable week of the professional football regular season, will be declared a “Weekly Prize Winner.” The Grand Prize Winner will be determined by the number of correct predictions/points accumulated by at the end of the week 17 games. Potential winners will be notified by telephone and/or email within approximately seven (7) days of the “best record” determination date. The Pro Football Pick’em Entities shall have no liability for any notification that is lost, intercepted, or not received by a potential winner. In the event a potential winner is notified by phone, the notifying party shall not be required to leave a message.

In the event of a tie during any week, the tie will be broken according to the following in order:

Entrant who most accurately predicted the score of the Tie-Breaker Game

Entrant who has the earliest timestamp for the week

In the event of a tie at the end of the season for the Grand Prize, the tie will be broken according to the following in order:

The number of division winners AND wild card teams picked correctly

The number of division winners alone picked correctly

The number of wild card teams alone picked correctly

Entrant who has the earliest sign up for the season

Pro Football Pick’em Entities reserve the right to disqualify anyone not fully complying with the Official Rules. Prize Winners will be required to respond (as directed) to the notification within forty-eight (48) hours of first attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case, Pro Football Pick’em Entities may determine an alternate winner, based on the weekly or overall standings, as applicable. Winners may be required to verify their shipping address and return within five (5) days of first attempted notification an affidavit of eligibility a liability release and, unless prohibited by law, a publicity release (collectively, the “Prize Claim Documents”). Such Prize Claim Documents shall cover eligibility, liability, advertising, publicity and media appearance issues. Failure of any winner to return the executed affidavit and release forms within the specified time period may result in forfeiture of the prize. A prize will not be awarded until all such properly executed forms are returned.

5. PRIZES:

The Grand Prizes - The entrant with the most correct picks at the end of the season will $500 cash. Cash prizes will also be awarded for second, third, 20th, and last place. To be eligible to win a grand prize, entrant must participate in all 17 weeks of the football contest.

 

First Place: $250 cash
Second Place: $150 worth of local gift certificates
Third Place: $50 worth of local gift certificates
20th Place: $50 worth of local gift certificates
Last Place: $50 worth of local gift certificates

 

Weekly Prizes - Each week, the weekly winner will win a $50 gift certificate to the following businesses.

 

 

Prize winners will be solely responsible for all federal, state and/or local taxes and for any other fees or costs associated with the prize. If the actual value of any non-cash prize is less than the value stated herein, the prize winner will NOT be entitled to a check, cash or other form of payment for the price difference. Prize winners cannot assign or transfer the prize to another person. The non-cash prizes cannot be redeemed for cash. No prize substitution is allowed except at the discretion of Sponsor. If a prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value will be awarded. If prizes are awarded but unclaimed/forfeited by recipient, prize may not be re-awarded, in Pro Football Pick’em Entities' sole discretion. Multiple prizes per household are permitted. Other restrictions may apply.

6. CONDITIONS OF PARTICIPATION/RELEASES: Pro Football Pick’em is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Pro Football Pick’em Entities, which shall be final in all respects. By participating in this Pro Football Pick’em and/or by accepting any prize that they may win, each Entrant agrees to release and indemnify the Pro Football Pick’em Entities; each of their respective parent, subsidiary and affiliated companies, 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 Pro Football Pick’em and/or acceptance, use, or misuse of any prize. Each Entrant authorizes the Pro Football Pick’em 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. Pro Football Pick’em 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 Pro Football Pick’em Entities’ sole discretion, without further obligation or compensation. By entering the Pro Football Pick’em, Entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Pro Football Pick’em, 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 Pro Football Pick’em, 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 Pro Football Pick’em; (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 Pro Football Pick’em. Pro Football Pick’em Entities assume no responsibility for any damage to an Entrant’s computer system, which is occasioned by accessing the Website, or participating in the Pro Football Pick’em, 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. Pro Football Pick’em Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Pro Football Pick’em (or any portion of the Pro Football Pick’em) should a virus, bug, computer problem, unauthorized intervention or other cause or problem corrupt or inhibit the administration, security or proper play of the Pro Football Pick’em 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 Pro Football Pick’em Entities. Pro Football Pick’em Entities may prohibit you from participating in the Pro Football Pick’em or winning a prize if, in their sole discretion, they determine you are attempting to undermine the legitimate operation of the Pro Football Pick’em by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Pro Football Pick’em Entities representatives. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PRO FOOTBALL PICK’EM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PRO FOOTBALL PICK’EM. SHOULD SUCH AN ATTEMPT BE MADE, PRO FOOTBALL PICK’EM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

7. 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 PRO FOOTBALL PICK’EM ENTITIES IN CONNECTION WITH THE PRO FOOTBALL PICK’EM OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE PRO FOOTBALL PICK’EM, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS 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 PRO FOOTBALL PICK’EM 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 PRO FOOTBALL PICK’EM. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PRO FOOTBALL PICK’EM 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. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PRO FOOTBALL PICK’EM MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

8. GAMBLING PROHIBITION: This Pro Football Pick’em is strictly for entertainment purposes and may not be used in connection with any form of gambling.

9. PRIVACY POLICY: Any personal information supplied by you to Sponsor will be subject to Sponsor's privacy policy posted at http://www.iberkshires.com/privatepolicy.php3. By entering the Pro Football Pick’em, you grant Sponsor permission to share your email address and any other personally identifiable information with the other Pro Football Pick’em Entities for the purpose of Pro Football Pick’em administration and prize fulfillment. Sponsor will not sell, rent, transfer or otherwise disclose your personal data to any third party other than as described herein.

10. LIST OF WINNERS/RULE REQUESTS: For the list of prize winners, available after January 8, 2016, or a copy of these Official Rules, mail a self-addressed, stamped envelope to: “iBerkshires Pro Football Pick’em” Winner's List or Rules, 102 Main St., North Adams MA 01247 (VT Residents may omit return postage) by January 31, 2016.