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Top Chef: D.C. Fantasy Game Rules
Top Chef DC Fantasy Game
OFFICIAL RULES
June 3, 2010 – September 15, 2010
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED.
GENERAL/TIMING
The Top Chef D.C. Fantasy Game (the "Competition") begins when game registration opens on June 3, 2010 on or about 4:00 pm ET and ends on or about 10:00 pm ET on September 15, 2010 or on the day the final episode of the Show (as defined below) is broadcast, whichever comes earlier (the "Competition Period"). End date is subject to scheduling changes. The registration period ("Registration Period") begins at approximately 4:00 pm ET on June 3, 2010 and ends at 10:00 pm ET the night the final episode of the Show is broadcast. All times in the Competition refer to Eastern Time (“ET”). These Official Rules detail how and when to play the Competition and are posted on http://www.bravotv.com/top-chef/games/fantasy-game/official-rules (the "Website"). The Competition is sponsored by Bravo Media LLC, and NBC Universal, Inc., both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively referred to herein as, the "Sponsor"). The Competition is administered by Eastland Media, Inc., 29 Miller Street, Somerville, MA 02143 (“Administrator”). Sponsor's computer clock will be the official timekeeper for the Competition.
ELIGIBILITY
Only open to permanent, legal residents of, and must physically reside in, one of the fifty (50) United States or the District of Columbia and must be eighteen (18) years of age or older and of the age of majority in their state of residence as of the date of registration. Void in Puerto Rico, Guam, U.S. Virgin Islands and other United States territories.
Officers, directors and employees of Bravo Media LLC, NBC Universal, Inc., Magical Elves, Inc., Single Point, Eastland Media, Inc. and any and all advertising and promotion agencies or administrators involved with this Competition, and their respective parents, subsidiaries, divisions, affiliates and related companies, the immediate family members (regardless of where they live) and/or those living in the same household of such persons (whether or not related thereto), and talent and participants who are participating or who have participated in the current cycle of the series Top Chef Season 7 (collectively, the “Competition Entities”) are not eligible to participate or win. By entering the Competition, all participants are bound by and agree to these Official Rules. Promotion is subject to all federal, state and local laws and regulations.
HOW TO REGISTER
To enter the Competition you must complete a free registration on the Website during the Registration Period. To register, visit the Website during the Registration Period and click on the "Log In" link. You will be asked to fill in and submit the registration information including your name, email address, zip code, birth date, password, team name and other information according to the provided instructions. You may also be asked if you wish to receive promotional materials and Competition reminders from Sponsor. Your consent to receive these materials is optional. Even if you consent, you may subsequently unsubscribe by clicking on the "unsubscribe" link in any promotional materials you receive. Once you have submitted all of the relevant registration information, you will receive an email with a link instructing you to verify your registration. Upon verification, you will receive a confirmation email with your login ID, user name, and other information about the Competition.
SUMMARY
The Competition is a fantasy based game where participants create, name and manage their own Top Chef D.C. fantasy league team (each, a "Team") by choosing Top Chef D.C. contestants (each, a "Contestant") from Season 7 of the Top Chef television show (the "Show") from a pool of Sponsor designated Contestants (the "Pool").
Each participant will receive points based upon the Scoring Items (as defined below). Participants will be ranked for the cumulative points they receive for the overall Competition Period (the "Grand Prize Competition"). The participant having the highest number of points based on the Scoring Items in the Grand Prize Competition will be the grand prize winner (“Grand Prize Winner”)
HOW TO PLAY: CREATING AND MANAGING A TEAM
A. General
The Website will take participants through a series of web pages where they can register (as described above) and select Contestants for their Team. Participants will also have the opportunity to submit their own original Team name and create their own original screen name to represent their challenge profile. The use of automated means to register, create or manage Teams is prohibited and any such use may cause a participant/Team to be disqualified. LIMIT ONE (1) TEAM REGISTRATION PER REGISTERED PARTICIPANT/EMAIL ADDRESS.
B. Adding and Deleting Contestants from the Pool
Once a participant has registered, they will have an opportunity to pick Contestants from the Pool in order to create their Team. After creating a Team, participants may subsequently add or delete Contestants on their Team. Participants are not eligible to earn any points during any period of time in which they do not have at least one (1) Contestant on their Team.
The Pool may change at any point during the Competition Period as Contestants are eliminated from the Show. Sponsor, in its sole discretion, adds or removes Contestants based upon changes in the Show.
Participants may add or delete Contestants on their Team until 9:59 pm ET on the night a first run episode of the Show is broadcast and such changes will be effective when made. The only time you cannot change your team is during and immediately after the airing of a new episode. Team picking is locked from 10:00 pm ET until 3:00 am ET following the first run episode of the Show to allow for scorekeeping to take place. The addition or deletion of a Contestant on any participant's Team is effective (and is reflected in participant's account) until the beginning of the following week of the Competition Period.
C. Managing your Team
Once registered, participants may manage their Team at the Website. You may have a maximum of three (3) Contestants on your Team at any time during the Competition Period (during the last week of the competition, when only three (3) contestants remain, you will only be able to choose one Contestant to be the overall winner). Once you have successfully registered a Team you can trade any or all of your Team members as many times as you like during the Competition Period by replacing him or her with any other Contestant in the Pool. During each week of the Competition Period in which an original episode of the Show is broadcast, the number of active Contestants will decrease by one (1) (unless there are double eliminations or no eliminations during the applicable episode) as a Contestant is eliminated from the Show. If a member of your Team is voted off the Show, you may replace that expelled member with another Contestant from the Pool.. Contestants who are eliminated from the show may or may not be awarded points, and will receive negative points.
POINTS SCORING AND TROPHIES
A participant's means of earning points is based upon how the Contestants on their Team perform on the Show. You accrue points when Contestants on your Team are awarded points based on their actions and the outcome of events (e.g., winning the elimination challenge) during an episode of the Show. Points earned are derived from the scoring items ("Scoring Items") for the Competition which are determined by Sponsor in its sole discretion and posted on the Website throughout the Competition Period. Sponsor reserves the right to add or delete Scoring Items and to amend the allocation of points values for certain actions for any reason, in its sole discretion. Participants will have their first chance to accrue points from the beginning of the East Coast broadcast of the second first-run episode of the Show currently scheduled for broadcast on or about June 23, 2010. Team point totals will be updated by 10:00 am ET the day following the broadcast of a first-run episode of the Show. In each first-run episode, points will be awarded ONLY for qualifying activities occurring during new, previously unseen footage broadcast during the Show. For the avoidance of confusion, no points will be awarded for events that occur during flashbacks or replays of any kind.
The Scoring Items, which include the categories for which points will be awarded in the Competition, can be viewed by visiting http://www.bravotv.com/top-chef/games/fantasy-game and clicking on the How It Works link at the bottom of the page. Categories and corresponding point awards are subject to change at any time, for any reason at Sponsor's sole discretion. All Scoring Items and points calculations and awards will be made solely and exclusively by Sponsor and Administrator, in its sole discretion and all decisions of Administrator and Sponsor regarding the awarding of points to any and all participants shall be final and binding and are not subject to appeal.
Participants will have the opportunity to earn a trophy for various actions that are taken during gameplay. Some trophies are available to be earned throughout the season, while others are available only during specific episodes. A list of Trophies that are available to be earned can be viewed by visiting http://www.bravotv.com/top-chef/games/fantasy-game and clicking on the Trophies link at the bottom of the page.
SCORING FOR THE FINALE
The scoring point items will be adjusted for the Finale. The Scoring Item value will be increased for the winning Contestant of the final challenge / winner of Top Chef D.C.. The elimination Scoring Item will be changed to be even greater negative points. You are encouraged to weigh these changes and pick your team accordingly, keeping in mind that you can save your team with fewer than three chefs on it.
WINNER SELECTION
The Competition consists of one (1) Grand Prize Competition where there will be one (1) Grand Prize Winner. There will be no points awarded during any weeks of the Competition Period where a first-run episode of the Show does not air for any reason whatsoever or as otherwise determined by Sponsor in its sole discretion.
A. Grand Prize Winner
The Grand Prize Winner will be determined based upon the number of points each participant has accumulated throughout the entire Competition Period (“Leaderboard Score”). At the end of the Competition Period, the participant that has accrued the highest Leaderboard Score will be designated as the potential Grand Prize Winner.
All winning scores for the Grand Prize Competition are subject to verification by Sponsor in its sole discretion. Sponsor's decisions are final and binding in all matters relating to points and scoring.
B. Tiebreaker Procedures
In the event of a tie in Leaderboard Scores for the Grand Prize Competition, the tied participant who received the highest number of trophies will be selected as the potential Grand Prize Winner. In the event a tie remains, the tied participant who created their team earlier will be the potential Grand Prize Winner.
C. Winner Notification
Sponsor will make two (2) attempts to contact potential Grand Prize Winner at the e-mail address provided at the time of registration. If Sponsor is unable to reach a potential Grand Prize Winner via email after two (2) attempts, he/she may be disqualified and the runner-up may be selected as an alternate potential Grand Prize Winner based on the winner selection processes described above. Potential Grand Prize Winner may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release and Publicity Release (where legal) within five (5) days of date of notification. Non-compliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and/or forfeiture of the applicable prize and, at Sponsor's discretion, and time permitting, a runner-up may be selected as an alternate potential Grand Prize Winner based on the Grand Prize Winner selection processes described above.
9. PRIZES
One (1) Grand Prize: Sponsor will award one (1) grand prize (“Grand Prize”) to the Grand Prize Winner. The Grand Prize will consist of a one thousand dollar AMEX ($1,000) gift card.
The total ARV of The Grand Prize is one thousand dollars ($1,000). The value of the Grand Prize represents the Sponsor's good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, each winner shall be bound by such good faith determination. Sponsor will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the ARV of Grand Prize for the tax year in which Grand Prize was won. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of Grand Prize Winner.
Additional Prize Conditions: Gift card is subject to certain terms and conditions as specified by issuer. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of any prize including, without limitation, any and all federal, state and local taxes. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Participant selected as the Grand Prize Winner must comply with all terms and conditions of these Official Rules and designation as theGrand Prize Winner is contingent upon fulfilling all requirements and compliance with these Official Rules. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value at its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize is the sole responsibility of Grand Prize Winner. Prize cannot be transferred by Grand Prize Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Grand Prize Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, the runner-up may be selected as an alternate potential Grand Prize Winner at Sponsor’s sole discretion.
Due to the nature of television, the exhibition dates and times of each first run episode of the Show (and, therefore, the Weekly Competition Period Start Dates and Times) are subject to change. In the event the Show is cancelled prior to exhibition, or pre-empted after an episode(s) of the Show is already airing, and in the event any portions of the Competition are cancelled or suspended, the Competition will terminate as of the date of such cancellation or suspension and the Grand Prize will not be awarded. Additionally (and without limiting the foregoing), if for any reason this Competition is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind (including force majeure events), which, in Sponsor's sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, then Sponsor reserves the right to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend all or any part of the Competition and the prizes may not be awarded; except that Sponsor, in its sole discretion, reserves the right to select a potential Grand Prize Winner as applicable, based on the winner selection processes described above from among all eligible Teams registered by eligible participants up until the time of such cancellation, termination, modification or suspension, as applicable. Any changes to the Competition will be posted on the Website.
CONDITIONS: By entering the Competition, each participant agrees for participant and for participant’s heirs, executors, and administrators (a) to release and hold harmless Competition Entities and their 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 participant’s participation in the or Competition and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Competition 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; (c) if selected as a Winner, to the posting of such participant’s name on the Website 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 Competition itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Competition at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Competition or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor 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 Sponsor (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 participants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Competition. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of registration information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for registrations that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Competition 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, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect registrations 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 Website. Sponsor may prohibit any participant or potential participant from participating in the Competition, if such participant or potential participant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other participant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Competition.
DISPUTES: THE COMPETITION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. 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 NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. 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.
11. PRIVACY
Participants will also have the opportunity to receive information from Sponsor by checking the appropriate box. If, at any time, you no longer wish to receive materials from Sponsor, please go to the Sponsor’s privacy policy located at http://www.bravotv.com/privacy-policy, (“Privacy Policy”) and follow the procedures indicated. Sponsor will also be collecting personal data about participants online, in accordance with its respective Privacy Policy. Competition participants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's Privacy Policy.
LIST OF WINNERS:
For the winner’s names, send a self-addressed stamped envelope to "Top Chef DC Fantasy Game" Attn: Courtney Pollard - 30 Rockefeller Plaza, Office 1406E New York, NY 10112 by October 15, 2010. The Competition and all accompanying materials are copyright © 2010 NBC Universal, Inc.
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