HGTVPro Builders Football Experts Club

2008 OFFICIAL GAME RULES

1.             NO PURCHASE, CONTRIBUTION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN:  This Game ("Game") begins at 12:00:01 AM Eastern Time on August 11th, 2008 and  continues through 19 additional rounds of play, 17 Regular Season games, 1 Wildcard Round for Wildcard Playoff Games and 1 Bracket Round for remaining Playoff Games and the final championship game (“Rounds”), ending at 11:59:59 PM Eastern Time on February 1st, 2009 (“Game Period”). THIS GAME IS DEVISED AS A NON-GAMBLING PROMOTION and is intended solely for entertainment purposes. From all eligible entries received, Winners will be determined based on their ability to use their skill and knowledge of professional football players and teams to accumulate the most points in the Game during the 2008/2009 football season.

2.           ELIGIBILITY:  The Game is open to legal residents of one of the 50 United States or the District of Columbia (excluding Guam, Puerto Rico, other U.S. and foreign territories and possessions outside the 50 states and where otherwise void, prohibited or restricted by law) ("Eligibility Area") who are 21 years of age or older at the start of the Game Period and have the ability to enter into valid contracts in their personal jurisdiction of residence. Only eligible individuals may enter (“Player[s]”). One entry per Player. Additional entries from any individual using different e-mail addresses will be disqualified. The Game is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Employees and directors of Athlon Sports Communications, Inc. (“Athlon”) and HGTVPro.com (“Sponsor”), and their affiliates, parent companies, subsidiaries, franchisees, advertising and promotional agencies, officers, directors, employees, and agents, their immediate families (defined as spouse, child, sibling, parent or grandparent), and those living in their same households are ineligible to play the Game or win or collect prizes. Participation by any Player constitutes his/her acceptance and agreement to these Official Rules and to the decisions of Sponsor and Athlon, which are final and binding in all respects. Players agree to waive any right to claim ambiguity in the Game and/or these Official Rules.

3.             HOW TO ENTER:  Beginning 12:00:01 AM Eastern Time on August 11, 2008 and throughout the Game Period, Players will log on to www.propicks.hgtvpro.com (“Site”) and follow the instructions to complete the entry form, including Player’s name, e-mail address, physical address, and telephone number. Each Player will create a user name and password for subsequent visits to the Site and will be asked to answer survey questions, which Player may decline. Consenting to receive promotional e-mails is optional and refusal to consent will not render any Player ineligible to play the Game or win prizes or affect or reduce any Player’s chances of winning. Following registration, Players will, by  following  the instructions, try to select the winning teams of each football game of each Round, predict  the actual score of the “Bonus” Game ("entry" or "entries"), and submit his/her entry. Players must submit their entries electronically no later than 11:59:59 PM Eastern Time of the day before each Round’s game day (“Entry Deadline”). Late entries will be disqualified. In order for any entry to be valid, Players must indicate their acceptance of the Official Rules. Player data will be used to administer the Game, contact Players and Winners. Players may receive Game-related e-mails, which each Player may opt out of at any time. All data is proprietary to Athlon and Sponsor and will not be used for third party solicitations. Lost, late, illegible, incomplete or misdirected entries are not eligible. Neither Athlon Sports nor Sponsor are responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers, access providers, equipment, or software, failure of any e-mail or entry to be received for any reason, traffic congestion on the Internet or at any website, or any other technical problems related to website entries or any combination of the foregoing, including any injury or damage to a Player's or any other person's computer. In the case of multiple entries, the Player’s last entry received will be deemed the Player’s official entry for purposes of winning prizes.

4.             HOW TO PLAY and ACCRUE POINTS: During each of the first 17 Rounds of the Game (“Regular Season”), Players will go to the appropriate page on the Site listing that Round’s group of football games, including a Bonus game, and must predict the winning team of each game. Players receive 100 points for each team that they correctly predict as the winner of each game (“Winning Team”). Players can also earn Bonus Points each Round by predicting the actual score of the Bonus game. If a Player predicts the correct Winning Team of the Bonus Game, the Player receives Bonus Points equal to 100 points less the Point Difference (the number of points between the Player’s predicted score for both the winning and losing teams of the Bonus Game and the actual score for both the winning and losing teams of the Bonus Game). In Round 18 (“Wildcard Round”), Players will earn points by trying to: (a) select the winning team of the first four (4) games in the Playoff Games; and, (b) predict both the (i) score; and, (ii) highest scoring quarter of the Wildcard Playoff Game 4 in Round 1 (as selected by Athlon Sports) (“Selected Game”). In Round 19 (“Bracket Round”), Players will earn points by trying to: (a) select the winning team of the remaining seven (7) games in the Playoff Games; and, (b) predict both the (i) score of the final championship game (“Big Game”), and (ii) the highest scoring quarter in the Big Game. Players receive points by selecting the winning teams for each Round and accurately predicting both the score and the highest scoring quarter in both the Round 18 Selected Game and the Round 19 Big Game accordingly.  The points that each Player will receive for correct winning team predictions are weighted according to the following schedule:

Round 18:

Round 19:

* Score Prediction Points: IF a Player predicts the score and correctly predicts the actual winning team in either the Round 18 Selected Game or the Round 19 Big Game, the differences from the actual scores of both teams are added together and subtracted from 100. If a Player who has previously participated in a Round or Rounds in the REGULAR SEASON fails to submit his/her entry for a Round by the Round Entry Deadline, that Player will be assigned an “automatic prediction” for that Round identifying the visiting team as the winning team for each of that Round’s scheduled games (with the exception of Bonus Games). Players will be assigned and receive points for an “automatic prediction” for a maximum of three (3) Rounds. The Player will receive no (0) points in the Bonus Game.  “Round Winners” are those Players with the highest descending number of overall points in the particular Round. The “Grand Prize Winner” is that Player with the highest number of overall points for the entire Game.   In the case of a tie between potential Round Winners or Grand Prize Winners, the Winner will be that Player submitting the winning entry at the earliest time, based on the actual documented time of the e-mail transmission. In addition, in each of the 19 Rounds, every Player that has submitted his/her entry by the Round Entry Deadline will automatically be entered into a random selection for that Round’s Bonus Prize. Players are eligible to participate only once in each Round’s random selection. The random selection process for all Round Bonus Prizes will be conducted by Sponsor, whose decisions on all matters relating to this promotion are final. Players may cancel their participation in the Game by sending an email to expertsclub@athlonsports.com, requesting that he/she be removed and all of Player’s points will be forfeited.

5.             ODDS OF WINNING:  This Game is primarily a game of skill and a Player’s chances of winning the Grand Prize and Round Prizes depends on his/her skill and ability to pick winning teams and accrue more points than other Players in the Game and his/her ability to accurately predict final scores. The odds of winning any prize, including Round Bonus Prizes, depends upon the Player’s submission of entries prior to the Round Entry Deadline and the total number of Players and eligible entries received.

6.             PRIZES and PRIZE AWARDING:  All prizes will be awarded. The following prize schedule will be used for the Game:

GRAND PRIZE                                                       

                                                                  ARV

ROUND PRIZES                 

                                                                 ARV

ROUND BONUS PRIZES

                                                                ARV

Prizes may not be combined with any other offer.  Winners will be responsible for any and all federal, state, and local taxes incurred in winning and accepting any prizes (including any taxes) and all other expenses incurred in winning and accepting prizes.  Dollar amounts are expressed in U.S. currency. Winners may receive an IRS 1099 form reporting the value of their prize. By accepting a prize, Winners waive the right to claim reimbursement for or assert as a cost of the prize, any and all costs of redemption or travel to redeem a prize and any and all liability arising from redeeming or seeking a prize.  The ARV of the prizes represent Athlon’s and Sponsor’s good-faith determination of the retail value thereof.  Winners will be initially identified, subject to eligibility, on or about 14 business days following the end of Round, in the case of Round Prizes, or the Game Period, in the case of the Grand Prize (“Effective Date”) by Athlon and Sponsor, the judges of the Game whose decisions are final and binding. Winners will be notified by overnight mail and/or email, at Athlon’s discretion, on or about 21 business days following the Effective Date (“Notification”). The complete identification of all Winners shall be posted on the “WINNERS” page of the Site and available for viewing no later than the Effective Date or by sending written request in a stamped, self-addressed envelope for receipt no later than the Effective Date to:  Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203. Winners must provide positive identification in such form as is specified by Athlon to claim a prize. Return of Notification as undeliverable will result in disqualification and selection of an alternate Winner. Prizes will be awarded only upon Winner validation and verification of eligibility by Athlon.  All prizes must be redeemed by Winners no later than 15 days following Athlon’s confirmation of Notification. In the event of a dispute as to the identity of a Winner, the individual who was, at the time of entry, at Sponsor’s sole discretion, the registered holder of the e-mail account used to enter the Game, will be deemed the eligible Player.  It is the sole responsibility of Player to notify Athlon during the Game Period if his/her email address changes.  No transfer or assignment of any prize is permitted. No substitution of any prize will be permitted, except that Sponsor reserves the right, at its sole discretion, to substitute any prize with either the cash value of the applicable prize that would otherwise have been awarded, or a prize or prizes of equal or greater value, in the event that such prize is unavailable.  No transfer or assignment of any prize is permitted.  If the initially selected Winner cannot be contacted, is ineligible, fails to claim a prize, or if the prize is returned as undeliverable, the prize will be forfeited and an alternate Winner will be selected.  Acceptance of a prize constitutes permission for Athlon and its respective designees to use of Winner’s name, likeness, statements, voice, opinions, biographical information and state of residence for promotional purposes in any media without notice, further payment, consideration, credit, or right of approval or review (except void where prohibited by law).  Winners will be required to sign an affidavit of eligibility and liability release within five (5) days of Athlon’s request (except void where prohibited by law).

7.             DISQUALIFICATION:  The use of robotic, automatic, macro, programmed or like methods (including without limitation the use of any promotion/game subscription, notification, entry or like sites or service that offers game entry services "on behalf of" Player) is strictly prohibited.  Athlon is not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, or other error of any kind whether human, mechanical or electronic.  Persons found tampering with or abusing any aspect of the Game, as solely determined by Athlon, will be disqualified.  If disqualified for any of the above abuses, Athlon reserves the right to terminate such person's eligibility to participate in the Game and future games sponsored by Athlon. Players further acknowledge that the forfeiture of prize(s) and/or return of any prize(s) shall in no way prevent Athlon from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct. Any attempt to damage any website of Athlon, or tamper with or undermine the legitimate operation of the Game, is a violation of these Official Rules as well as criminal and civil laws.  Athlon reserves the right to seek remedies and damages from any responsible individual to the fullest extent permitted by law.  In the event any portion of this Game is compromised by any virus, bugs, non-authorized human intervention or other causes beyond the control of Athlon which, in the sole opinion of Athlon, corrupts or impairs the administration, security, fairness or proper play of the Game, Athlon reserves the right to modify, suspend or terminate the Game.  In no event will more prizes be awarded than those listed above in paragraph 6.

 8.            LIMITATION OF LIABILITY:  By registering for and participating in the Game, Players agree (a) to these Official Rules, and the decisions of Athlon and Sponsor, which shall be binding and final in all respects, Athlon’s privacy policy and terms and conditions; (b) to release Athlon and Sponsor from all liability, loss or damage arising out of participation in the Game and with respect to the awarding, receipt, possession, use and/or misuse of any prize; (c) to be contacted by Athlon by mail, telephone and/or email; and (d) acknowledge that Athlon does not make any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, and disclaim all liability for the provision, quality or nature of any third-party products or services provided to Winners. By registering for and participating in the Game, the Winners release Athlon and Sponsor, their respective officers, directors, employees, affiliates, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons (including death) and property that may be sustained in connection with the receipt, ownership, possession, acceptance, enjoyment, use or misuse of a prize, or arising out of participation in the Game, or while preparing for, participating in, and/or traveling to any prize-related activity.  IN NO EVENT WILL Athlon OR SPONSOR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, subsidiaries, advertising, promotion, fulfillment, marketing agencies, public relation firms, consultants or contractors BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ANY PARTICIPATION IN THE GAME OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE GAME, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH AND/OR PROPERTY DAMAGE, AS WELL AS ANY CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY.

9.             COMMUNICATIONS:  Any information that Players provide to Athlon Sports and Sponsor will be used to communicate with the Player in relation to the Game. Athlon may also share this information with third parties who are participating in the Game.  Athlon will collect and use personal data in accordance with its privacy policy available for review at www.athlonsports.com/pages/PrivacyPolicy.htm.  

                     10.     GENERAL INFORMATION: Sponsor and Athlon reserves the right to modify the Official Rules for the purposes of clarifying and effectuating how the Game should be played, how the Game will be scored, how Winners are determined, including in the event of unanticipated events leading to unexpected tied Players, and what prizes will be awarded.  Any changes to the Official Rules will be reasonably made with the intention of not materially affecting the terms and conditions of the Game. In the event of inadvertent computer or operator error or force majeure events affecting the schedule(s) of entry deadlines or other stated times, deadlines or events necessary for determining Winners, Athlon reserves the right to nullify or modify any times, dates or schedules in its sole discretion to implement substitute times, dates or schedules or portions thereof, solely for purposes of determining winning Players on an equal basis and without unfairly disqualifying otherwise eligible Players from winning prizes. Athlon is not affiliated with, endorsed by, or licensed by, any of the football players, teams, leagues, or their sponsors or players identified in connection with the Game, and none are a sponsor of or associated with the Game in any way. Player, team, league and other associated names are the trademarks of their respective owners and are used for factual, descriptive purposes only. All trademarks, logos and images pertaining to any of the above (“Third Party Marks”) contained within the Site are the property of their respective owners. The Site is intended for informational and entertainment use only. All applicable federal, state and local laws and regulations apply. Any and all disputes in connection with the Game will be resolved exclusively in the appropriate courts in Nashville, Tennessee.  Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee.  Each Player waives any and all objections to jurisdiction and venue and hereby submits to the jurisdiction of those courts. Any and all lawsuits or other disputes that arise relating to the Game must be filed within one (1) year of the last day of the Game Period. The failure of Athlon to exercise or enforce any right or provision of the Official Rules shall not constitute a waiver of such right or provision.  If any part of the Official Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of the Official Rules will remain fully in force.

Sponsored By: HGTVPro.com

          Produced By:  Athlon Sports Communications, Inc., 220 25th Avenue North, Nashville, Tennessee 37203.  The Game and all accompanying materials are © 2008 Athlon Sports Communications, Inc. All rights reserved.