OFFICIAL RULES TO THE AXCIS INFORMATION NETWORK, INC. HARNESS HANDICAPPING CHALLENGE
1 - ELIGIBILITY
The Harness Handicapping Challenge is open to all individuals who are legal residents of Canada or the United States of America, unless otherwise prohibited by law, who register to participate and who supply a valid e-mail address. Other than maintaining an e-mail account, there is no cost to participate in the contest, nor any obligation to purchase any product.
All participants must be at least 18 years of age on the date of the Harness Handicapping Challenge's first contested race.
Employees and directors (by whatever name called) of AXCIS Information Network, Inc. (hereinafter referred to as "TrackMaster"), The Jockey Club, The United States Trotting Association, Standardbred Canada, Television Games Network, the parent and subsidiary companies thereof, as well as the agents and contractors thereof and the immediate family members (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) and members of the same households (whether related or not) of such employees and directors, agents, and contractors are not eligible to participate in the Harness Handicapping Challenge.
By entering the Harness Handicapping Challenge you agree to abide and be bound by these Official Rules and all decisions of TrackMaster, which shall in all events be final.
All federal, state, provisional, and local laws and regulations shall apply to the Harness Handicapping Challenge.
2 - HOW TO ENTER THE HARNESS HANDICAPPING CHALLENGE
To enter the Harness Handicapping Challenge, your computer must accept cookies, or any successor or similar technology (now known or hereafter devised or discovered) that may be used by TrackMaster for the purposes of entry tracking. Access TrackMaster's World Wide Web Site at http://www.trackmaster.com (hereinafter "Web Site"). Click on the Harness Handicapping Challenge button. Complete the registration form by filling out your full name, e-mail address, and any other requested fields and follow the instructions on the Web Site. Unless otherwise advised on the Web Site, any other attempt to enter the Harness Handicapping Challenge is void.
You may only submit one entry. Individuals submitting or attempting to submit more than one entry form will be disqualified. TrackMaster reserve the right to disqualify any individual suspected of submitting more than one entry form.
All entries become the sole property of TrackMaster.
3 - HARNESS HANDICAPPING CHALLENGE
The Harness Handicapping Challenge will consist of nine rounds, eight preliminary rounds and one final round.
You may participate in all of the preliminary rounds occurring subsequent to your registration, but are not required to. You may, however, only win prizes in one preliminary round. The three highest money winners from each of the eight preliminary rounds will be eligible to compete in the final round. Additionally, the top three entrants who score the highest return on investment ("ROI") over the entire contest who have placed a minimum of 50 bets, and the top three contestants who have selected the most winners (minimum odds 1-1) from all of the preliminary rounds combined will earn a berth in the final round.
If there are more than three highest money winners in any single preliminary round, or more than three highest ROIs in the combined preliminary rounds or more three contestants who have selected the most winners from all of the preliminary rounds combined, due to ties, than such higher number shall advance to the final round.
The first preliminary round will be held on Saturday, June 9, 2012. Another preliminary round will be held on every Saturday thereafter until the eighth and final preliminary round, which will be held on Saturday, July 28, 2012. The final round will be held on Saturday, August 4, 2012 .
For each round (preliminary and final (if you qualify)) of the Harness Handicapping Challenge you will be given an imaginary bankroll of $500 to wager. You must wager the full $500 for each round in that round. Winnings may not be wagered. You must make exactly 10 unique $50 win bets. You may only wager on harness races for which TrackMaster® products are available on the date the races are run.
Note that no actual currency will ever change hands with respect to a wager. Wagering is for purposes of the Harness Handicapping Challenge only and is imaginary only. All wagers accepted in the Harness Handicapping Challenge are accepted for contest participation only, no wagers made in the Harness Handicapping Challenge will constitute a valid claim to any actual wagering pools whatsoever.
You will place your wager on the Web Site between 12 o'clock p.m. on the Thursday before a round is to take place and 7 o'clock a.m. on the day of the round (the "Open Selection Time"). No wagers will be accepted during any other times. All times stated herein are Pacific Time. Your selections will be made from drop down screen where you will select a track, then a race, then a horse, and then the amount of you wager. Once a selection is made it cannot be changed, so select carefully. If your selection is scratched or otherwise declared a non-starter any wager on such selection shall be returned.
For purposes of the Harness Handicapping Challenge, there will be a cap on all win payouts of 20-1.
For the purposes of this contest, no wagers will be allowed for horses listed on the program as also eligible.
In the event a race ends in a dead heat, payoff will be at each winner's off odds and not at the tracks official payout.
In the event a race is cancelled any wager on such a race shall be returned.
The host track's declaration of the final order of finish of each race shall be final.
TrackMaster may provide selected past performance information and/or selection information for each round. Any past performance information and/or selection information supplied by TrackMaster should not be taken as recommendations by TrackMaster of which horses to select. Any data supplied by TrackMaster hereunder is for the participant's personal use only and shall not be distributed, reprinted, copied, or otherwise used. A violation of this provision shall be grounds for immediate disqualification.
Within 48 hours after the last eligible race of each round the top 20 finishes will be posted on the Web Site. Your final finish, ranking and the amount that would have been returned on your imaginary wages, will also be separately posted for your review. Additionally, all winners will be notified by e-mail.
For each of the eight preliminary rounds there will be one first-prize winner, one second-prize winner and one third-prize winner.
Subject to eligibility certification, the individual with the largest money winnings at the end of each round is the first-prize winner of that round; the individual with the second largest money winnings at the end of each round is the second-prize winner of that round; and the individual with the third largest money winnings at the end of each round is the third-prize winner of that round.
An individual who would otherwise be a winner but is found to be ineligible shall be disqualified and TrackMaster hereby reserves the right to move the remaining participants up in the rankings.
Each certified, first-prize winner, including ties, of the eight preliminary rounds shall be eligible to play in the final round. Each such winner shall also receive a complimentary, one-month, unlimited subscription to TrackMaster® Platinum Past Performances, a $49.95 value.
Each certified, second-prize winner, including ties, of the eight preliminary rounds shall be eligible to play in the final round. Each such winner shall receive a complimentary, one-month, unlimited subscription to TrackMaster® Past Performances for Harness, a $39.95 value.
Each certified, third-prize winner, including ties, of the eight preliminary rounds shall be eligible to play in the final round. Each such winner shall receive a complimentary, one-month, unlimited subscription to TrackMaster® FlashNet for Harness, a $24.95 value.
The certified, final round, first-prize winner will receive a cash prize of $2,000.00.
The certified, final round, second-prize winner will receive a cash prize of $1,000.00.
The certified, final round, third-prize winner will receive a cash prize of $500.00.
In the event that there is a tie in the final round (based on money won), the participant selecting the most winners (without regard to money won) in that round will be declared the winner, if there is still a tie, the participant selecting the largest single price winner will be declared the winner. If there is still a tie, the winner shall be selected randomly between those involved in the tie.
The odds of winning any individual round depend on the number of eligible participants participating in that round and the skill levels of those participants.
No assignment, transfer or substitution of prizes is permitted.
All prizes are awarded "AS IS" without warranty of any kind and subject to the same conditions as if the prizes were purchased outright.
Taxes are the sole responsibility of winners as are any shipping and handling charges.
5 - NOTIFICATION
All prize winners will be notified via EMAIL ONLY. This notification will be sent to the email address supplied by the individual at the time of registration. No phone calls or other forms of communication will be accepted. In the event the email address is deemed to be false, invalid or otherwise useless, TrackMaster reserves the right to disqualify the otherwise winner and to have the next highest ranked participant declared the winner.
6 - GENERAL CONDITIONS
Winners must execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within 15 days of notification. In the case of failure to return documents timely, or if prize notification or prize is returned as nondeliverable, TrackMaster reserves the right to disqualify the otherwise winner and to have the next highest ranked participant declared the winner.
WHERE PERMITTED BY LAW, EACH WINNER AGREES TO GRANT TO TRACKMASTER AND ITS LICENSEES, AFFILIATES AND ASSIGNS, THE RIGHT TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER'S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS AND BIOGRAPHICAL INFORMATION AS NEWS OR INFORMATION AND FOR ADVERTISING AND PROMOTIONAL PURPOSES WITHOUT ADDITIONAL CONSIDERATION THEREFOR; AND FURTHER WITHOUT SUCH ADDITIONAL COMPENSATION, APPEAR FOR (AT TRACKMASTER'S EXPENSE), OR PROVIDE BIOGRAPHICAL INFORMATION FOR USE IN, ANY PRESENTATION OR OTHER ACTIVITY WHICH MAY INCLUDE FILMING/AUDIO/VIDEO/ELECTRONIC OR OTHER RECORDINGS AND/OR INTERVIEWS, AS MAY BE DETERMINED FROM TIME TO TIME BY TRACKMASTER.
Failure to make such appearances (at TrackMaster's expense) or grant such rights may result in disqualification; and while not obligated to do so, TrackMaster may in its sole discretion, bear such reasonable costs and expenses which TrackMaster, in its sole discretion, deems appropriate for winners to appear for a presentation or other activity. Further, by accepting a prize, each winner agrees to release and hold harmless TrackMaster, its licensees, and their respective parents, affiliates, subsidiaries, advertising and promotional agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Harness Handicapping Challenge related activity, or participation in this Harness Handicapping Challenge. The foregoing is void where prohibited by law.
TrackMaster reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Harness Handicapping Challenge or Web site; to be in violation of the Terms of Service of the Web Site; to be acting in violation of these Official Rules; or to be acting in a nonsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Harness Handicapping Challenge at the actual time of entry will be deemed to be the participant and must comply with these rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e- mail address.
It is the responsibility of each participant to bring any errors to the attention of TrackMaster by sending an e-mail to firstname.lastname@example.org.
TrackMaster takes no responsibility for reminding participants about contest dates.
TrackMaster may prosecute any fraudulent activities to the full extent of the law.
These Official Rules are subject to change without notice, however, TrackMaster will attempt to post any such changes on the Web Site as soon as possible.
7- LIMITATION OF LIABILITY
TrackMaster is not responsible for any incorrect or inaccurate information, whether in any data supplied hereunder or caused by Web site users, or tampering or hacking, or by any of the equipment or programming associated with or utilized in the Harness Handicapping Challenge and TrackMaster assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Web site.
TrackMaster is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in the Harness Handicapping Challenge or downloading materials from or use of the Web site. If, for any reason, the Harness Handicapping Challenge is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of TrackMaster, could corrupt or affect the administration, security, fairness, integrity or proper conduct of the Harness Handicapping Challenge, TrackMaster reserves the right at its sole discretion to cancel, terminate, modify or suspend the Internet portion of the Harness Handicapping Challenge and select the winners randomly.
IN NO EVENT WILL TRACKMASTER, ITS LICENSEES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES 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 YOUR ACCESS TO AND USE OF TRACKMASTER'S WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, TRACKMASTER® PRODUCTS AND OTHER TRACKMASTER-PROVIDED DATA. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE 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.
TrackMaster will not be responsible for any late, lost, garbled, misdirected, in-complete or damaged entries.
Links to the Harness Handicapping Challenge provided by other Internet sites are provided as a service, and those sites are not responsible for the content that appears on the Web Site. TrackMaster is not responsible for any claims and/or guarantees made on other internet sites.
As a condition of participating in the Harness Handicapping Challenge, you agree that any and all disputes which cannot be resolved between us, and causes of action arising out of or connection with the Harness Handicapping Challenge, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the County of Santa Clara, State of California having competent jurisdiction, which Court shall apply the laws of the State of California without regard for principles of conflicts of law. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e. costs associated with entering the Harness Handicapping Challenge), and you further waive all rights to have damages multiplied or increased.