ProElite Fantasy Fight Game - Terms And Conditions

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TERMS AND CONDITIONS

The 2007-2008 ProElite Fantasy Fight Game
TERMS & CONDITIONS

NO PURCHASE NECESSARY.

  1. ELIGIBILITY: To be eligible to participate in the ProElite Fantasy Fight Game(the "Game"), persons must be 18 years of age or older (or the age of maturity within his/her jurisdiction of residence, whichever is greater) at the date of his/her registration of the Game and a legal resident of the United States. GAME IS OFFERED ONLY IN THE UNITED STATES. Persons who are between the ages of 14 and 17 years of age may register and play the Game for entertainment purposes only, but WILL NOT is eligible to win or receive any prizes. By registering to play, Entrants agree to be bound by all the terms and conditions of these Terms & Conditions and the Game Rules (collectively, the "Official Rules") as provided by ProElite, Inc. ("ProElite"). The Game Rules are incorporated by reference herein and made a part of the Official Rules; in the event of any inconsistency between the Official Rules and the Game Rules, the Official Rules shall prevail, govern and control. Employees, officers, directors, agents, and representatives of ProElite, ProElite Entities and each of their respective parents, affiliates and subsidiaries and each of their respective immediate family members (defined as parents, spouse, children, siblings, and grandparents) and any person residing in the same household as such affiliates and advertising and promotion agencies of ProElite/ProElite Entities are NOT eligible to win or receive any prizes. "ProElite Entities" shall mean ProElite, Inc., its subsidiaries or affiliated entities, any entity which, now or in the future, controls, is controlled by, or is under common control with ProElite, Inc., and the directors, officers and employees of the above entities.

    THE 2007-2008 PROELITE FANTASY FIGHT GAME IS A SKILL CONTEST WHICH IS DESIGNED TO TEST INDIVIDUALS' KNOWLEDGE OF THE ATHLETES AND SPORT OF MIXED MARTIAL ARTS, AS WELL AS TO INCREASE CONSUMER AWARENESS AND INTEREST IN MIXED MARTIAL ARTS AND PROELITE.COM. The Game is not gambling and is not to be used in connection with any form of gambling or the promotion of gambling. If you know (or have reason to suspect) that www.proelite.com is being used for purposes of gambling (or any other unlawful activity), you must notify ProElite immediately via e-mail or by clicking the "Report Abuse" link on the website. Your failure to timely notify ProElite of gambling/illegal activity may implicate on the crime, with adverse legal consequences. Any persons registered with ProElite who ProElite determines, in its sole discretion, have been using the website for gambling purposes will have their website registrations revoked, ProElite will pursue all available legal remedies against such persons and ProElite will notify the appropriate authorities of such illicit activity. Game Entrants only play to win prizes as set forth in the Official Rules.

  2. COST: The ProElite Fantasy Fight Game is free to play for the entire season. No purchase is necessary; however, Game Entrants may purchas from ProElite admiadminstration tools for private group functionality ad indicated in the "How to Play" Section.

  3. ENTRY: To participate in the Game, Game Entrants must register as a member of ProElite.com, visit the Game web site located at http://fantasy.proelite.com, click the Play button and confirm in the popup dialog that you agree to be bound by the Terms & Conditions and register for the Game. One registration per person. Any person who attempts to register for the Game or the ProElite website more than once or to participate in the Game and/or in other activities on the website with multiple e-mail and/or street addresses, multiple ProElite Account registrations and/or identities will be disqualified from the Game and will have his/her ProElite registration revoked (and he/she will be denied future access to the website). In addition, in such circumstances, ProElite may pursue other available legal remedies against such person. Void where prohibited by law.

  4. TIME PERIOD: Registration for the Game will begin on or about Thursday, November 8th 2007 at 9:00AM PST and end on or about Wednesday, December 31, 2008 at 12:00AM PST. The Game will begin on Saturday, November 17, 2007 at 9:00AM PST and end on or about Wednesday, December 31, 2008 at 12:00AM PST.

  5. ADMINISTRATOR: ProElite will serve as the administrator of 2007-2008 ProElite Fantasy Fight Game and will be responsible for resolving any disputes that arise regarding the Official Rules or the Game (such disputes include but are not limited to scoring of points, as discussed below). By participating in the Game, each Entrant accepts and agrees to be bound by the Official Rules and the decisions of ProElite, which shall be final and binding in all respects.

  6. PRIZES: ProElite will award prizes, pursuant to Section 9, to winners ("Prize Winners") based on points accumulated by Game Entrants in participating in the Game, as follows:
    Points are accumulated by Game Entrants by correctly determining which athletes will win mixed martial arts bouts as well as the correct determination of other information (including statistics) relative to the bouts. For example, points can also be accumulated for correctly determining the round of a bout in which a given athlete knocks out his opponent. Game Entrants who accumulate the most points win prizes, as set forth below. For a full explanation of the accumulation of points, see the Game Rules and the "How to Play" Section.

    Top Five Annual Finishers (Prize is based on the total number of points accumulated during the Game):

    One (1) First Place WinnerOne (1) First Place Winner (most points total): A trip to an EliteXC Event and a Fantasy Fight Game Warm-up Suit. The trip will consist of the following: (a.) round-trip coach air transportation for the Winner and a guest to the major airport nearest the EliteXC Event host city from the major airport nearest Winner's residence; (b.) two (2) nights standard hotel accommodations for Winner at a hotel selected by ProElite (one room and room tax only); (c.) $500 to be used towards ground transportation, meals, and incidentals; and (d.) VIP admission for two (2) to the EliteXC Event. (total approximate retail value: $5000.00) Actual Prize value depends on winning Entrant's place of residence and cost and availability of airfare and hotel at time of booking and travel and may be substantially higher or lower that estimated value.

    One (1) Second Place Winner(second most points total): $500.00, a one (1) year subscription to Showtime television network, and a Fantasy Fight Game Warm-up Suit. (total approximate retail value: $720.00)

    One (1) ThirdPlace Winner(third most points total): $250.00, a one (1) year subscription to Showtime television network, and a Fantasy Fight Game Warm-up Suit. (total approximate retail value: $470.00)

    One (1) Fourth Place Winner9fourth most points total): $100.00, a one (1) year subscription to Showtime television network, and a Fantasy Fight Game Sweatshirt. (total approximate retail value: $320.00)

    One (1) Fifth Place Winner(fifth most points total): $100.00, a one (1) year subscription to Showtime television network, and a Fantasy Fight Game Sweatshirt. (total approximate retail value: $320.00)

    Showtime is a premium network available on cable or satellite television. Cable or satellite television subscription is NOT included as part of Showtime subscription. Winner is solely responsible for any and all costs associated with obtaining cable/satellite television access.

    Top Five Quarterly Finishers- Prize is based on the number of points accumulated during a given calendar quarter in the Game; the four quarters shall be as follows:

      (i) November 17, 2007 - March 31, 2008;
      (ii) April 1, 2008 - June 30, 2008;
      (iii) July 1, 2008 - September 30, 2008; and
      (iv) October 1, 2008 - December 31, 2008

    One (1) First Place Winner(most points): $300.00, autographed MMA memorabilia item, and a Fantasy Fight Game Sweatshirt. (total approximate retail value: $550.00)

    One (1) Second Place Winner(second most points): $200.00 and a Fantasy Fight Game Sweatshirt. (total approximate retail value: $250.00)

    One (1) Third Place Winner(third most points): A Fantasy Fight Game T-shirt and $100.00 credit at the ProElite.com online store. (total approximate retail value: $120.00)

    One (1) Fourth Place Winner(fourth most points): A Fantasy Fight Game T-shirt and $50.00 credit at the ProElite.com online store. (total approximate retail value: $70.00)

    One (1) Fifth Place Winner(fifth most points): A Fantasy Fight Game T-shirt and $50.00 credit at the ProElite.com online store. (total approximate retail value: $70.00)

    Top Five Per Top Tier Event Finishers (Prize is based on number of points accumulated for each EliteXC and the Ultimate Fighting Championship® Event during the Game, with prizes being awarded for each Event; there will be approximately 20 Top Tier Events):

    One (1) First Place Winner(most points): $300.00

    One (1) Second Place Winner(second most points): $150.00

    One (1) Third Place Winner(third most points): $50.00

    One (1) Fourth Place Winner(fourth most points): One(1) copy of The MMA Book of Knowledge by BJ Penn (total approximate retail value: $35.00)

    One (1) Fifth Place Winner(fifth most points): One(1) copy of The MMA Book of Knowledge by BJ Penn (total approximate retail value: $35.00)

    Top Five Per Second Tier Event Finishers (Prize is based on number of points accumulated for each Cage Rage, ROTR, ICON, ShoXC, and WEC® Event during the Game, with prize being awarded for each Event; there will be approximately 30 Second Tier Events):

    One (1) First Place Winner (most points): $100.00

    One (1) Second Place Winner (second most points): $50.00

    One (1) Third Place Winner (third most points): $50.00

    One (1) Fourth Place Winner (fourth most points): $25.00

    One (1) Fifth Place Winner (fifth most points): $25.00

    It is required by United States Internal Revenue Service to send an IRS Form 1099 to any person who wins prizes with a total aggregate value equal to or in excess of $600.00 US in a given calendar year; all federal, state or other tax liabilities on prizes will be the sole responsibility of the Prize Winners.

    The TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES is $28,000.00

    ABOUT POINTS: Points will be credited to Game Entrants approximately 24 hours after the conclusion of an event and certification by ProElite of the results of bouts comprising an event as official. ProElite, Inc.'s decisions, in its capacity as the official governing body of this mixed martial arts Game, regarding the final outcomes of each bout are binding and final. By participating, you understand and agree that ProElite is the governing statistical source for all outcomes of bouts. Points will be reflected in the "My Home" section of an Entrant's ProElite homepage. Points are the property of ProElite (NOT the Game Entrant), are valid only for use by ProElite for purposes of scoring and cannot be used in any manner by Game Entrants. Points have no cash value and are not redeemable/exchangeable for cash. Any attempt by a Game Entrant to sell (at auction or otherwise), purchase, trade, transfer or assign points will result in disqualification.

    ProElite may also post leader boards on the Game home page which include rankings of the Game Entrants with the top point totals for an event, month of the Game or otherwise. Leader boards will contain the ProElite username and point total of the Game Entrants with the top point totals. ProElite may post leader boards one or more times in its sole discretion but is not required to post leader boards.

    While every reasonable effort will be made to maintain and accurately reflect the number of points accumulated by a given Game Entrant and to include accurate rankings of Game Entrants in leader boards (if posted by ProElite), ProElite and ProElite Entities assume no responsibility for delays, technological or other errors which result in inaccurate or incomplete point totals or rankings being displayed at any given time. ProElite and ProElite Entities further reserve the right to correct any errors in points accumulated by a Game Entrant and otherwise adjust or revise points accumulated/point totals/rankings (as appropriate) after posting of same to Game Entrants' ProElite Accounts and/or the Game home page without liability or prior notice of any kind. You are advised to maintain your own records as to the number of points you have accumulated in the Game and not to rely solely on the calculations of ProElite. Further, in participating, you understand and agree that, notwithstanding the contents of any leader board/ranking, you have NOT potentially won a prize until you have been personally notified by ProElite of your status as a potential Prize Winner (as appropriate). Screen shots of leader boards will NOT be accepted as evidence of winning or reaching milestones.

  7. CONDITIONS ON PRIZES: No transfers, alterations, substitutions or cash redemptions of prizes will be permitted, except as provided herein. All Prize Winners will be required to execute an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release which must be returned with the Affidavit of Eligibility. ProElite reserves the right, in its sole discretion, to change travel dates, to substitute prizes/prize components of like value if described prizes/prize components are unavailable for any reason. For the First Place Annual Winner, trip dates will be specified by ProElite. Trip must be taken on the dates specified by ProElite and failure to travel during the specified times will result in forfeiture of that portion of the prize. If the First Place Annual Winner lives within 200 miles of the specified EliteXC Event host city, ProElite reserves the right to substitute ground transportation for airfare, in its sole discretion. ProElite is not responsible for travel delays that may result in forfeiture of a portion of the prize package.

  8. TIE-BREAKING: ProElite's computer will be the official clock for all purposes of the Game; ProElite's records as to determinations made by Game Entrants will be controlling in all respects. In the event that ties exist in scoring (between persons who are eligible to participate and win prizes) at any prize level, ties will be resolved in the following order until a tie is broken:

    1. Most total points accumulated from the beginning of the 2007-2008 ProElite Fantasy Fight Game until the time of the tie
    2. Most points accumulated in a single calendar month
    3. Second most points accumulated in a single calendar month
    4. Most points accumulated in a single event
    5. Second most points accumulated in a single event
    6. Most points accumulated in a single bout
    7. Second most points accumulated in a single bout


    ProElite retains sole discretion as to whether to select multiple winners or to implement an additional tiebreaker. Should an eligible participant qualify for more than one prize in a particular class (i.e., first and second place for the Monthly Prizes) they will be awarded the only prize of higher value and the Game Entrant (who is eligible to participate and win prizes) with the next most points will win the prize at the lower level. All properly claimed prizes will be awarded. If unclaimed, prizes will not be awarded.

    ProElite reserves the right to refuse submitted predictions in its sole discretion without providing a reason and/or explanation. ProElite may also choose to grade a prediction as "cancelled" in its sole discretion.

  9. WINNER DETERMINATION AND NOTIFICATION: All Prize Winners will be notified by email (or via U.S. mail if applicable) at the email or regular mail address supplied to ProElite at the time of entry, and will have seven (7) days from the date such notification was sent to respond by following the instructions provided in such notification. All Prize Winners will be required to submit valid identification to ProElite and to execute those releases ProElite deems necessary, without additional compensation, including, but not limited to, an affidavit of eligibility, a liability release and a publicity release (where permissible) as described Section 7 herein; prizes will be delivered 45 days after verification of eligibility. Failure to comply with these requirements may result in prize forfeiture and disqualification, with the prize being awarded to the Game Entrant (who is eligible to participate and win prizes) with the next most points. ProElite is not responsible for and shall not be liable for a prize that is declined or undeliverable for any reason, or for any prize notification that is returned as undeliverable for any reason or in the case of prizes) if the Winner fails to timely return the above mentioned documentation. In any of these situations (as applicable) the original Winner recipient will be disqualified and the prize(s) forfeited.

    Prize Winners consent to the use by ProElite, ProElite Entities and their respective designees of their names and likenesses for advertising, trade, publicity and promotional purposes in any media, including for use on the ProElite Website (www.proelite.com) without any additional compensation or review or approval (except where prohibited by law).

  10. LIMITATIONS OF LIABILITY: By registering for the Game, all participants release and agree to hold harmless ProElite, ProElite Entities, and their respective parents, subsidiaries, directors, stockholders, employees, representatives, and affiliates (collectively, "Released Parties") from any against and all costs, expenses, liability, damages, claims or actions of any kind, including those related to injuries or damages to persons or property, arising out of or in connection with participation in the Game, receipt, ownership or use of any prize, the preparation for, participation in, or traveling to any prize-related activity or in connection with any claims based upon violation of publicity rights, defamation or invasion of privacy. Additionally, participants agree that the Released Parties shall not be responsible for a) lost, late, illegible, misdirected, mutilated, incomplete, or postage due mail; b) any incorrect, incomplete or inaccurate information, whether caused by Web site users or by any of the equipment or programming associated with the Game or by any technical or human error that may occur in the processing of entries, predictions, or tabulation/scoring of points in the Game; c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, telephones, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Web site or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from participating or downloading materials in this Game; d) any error, omission, interruption, deletion, defect, delay in operation or transmission, or the theft, destruction or alteration of entries or other materials; and e) the cancellation or postponement of any fights and/or events during the Game (and, if a fight/event is cancelled, no determinations will be accepted for such fight/event; if postponed, determinations will not be accepted at the time of postponement but may be accepted at a later time in ProElite's sole discretion). ProElite may prohibit any Game Entrant from participating in this Game or any future promotion or refuse to furnish prize(s) to a Game Entrant if ProElite determines in their sole discretion that such Game Entrant (i) has tampered with the entry process or the operation of the Game or any Web site, (including, without limitation, trying to defraud, reverse engineer, disassemble, de-compile or otherwise tamper with the Game's computer programs and systems), (ii) has repeatedly shown a disregard for the Official Rules (including the Game Rules), or (iii) has acted (a) in an un-sportsmanlike manner, (b) with an intent to annoy, abuse, threaten, or harass ProElite, any ProElite Entity or any other Game Entrant, or (c) in an improper or unfair manner that is adverse to the operation of the Game or detrimental to another Game Entrant, (d) in any other disruptive manner or (e) in violation of the Terms of Use of www.proelite.com. The use of any automated entry device is prohibited. All taxes, fees and surcharges not specified herein as being part of the prize are the sole responsibility of the Prize Winner. If, for any reason, the Game is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, player strike or lock-out, or any other causes beyond the control of ProElite which corrupt the administration, security, fairness, integrity or proper conduct of the Game, ProElite reserves the right at their sole discretion to cancel, terminate, modify or suspend the Game and award prizes in a manner deemed by ProElite in its sole discretion to fair, appropriate and consistent with the spirit of the Official Rules. Notice of such action by ProElite will be posted on http://fantasy.proelite.com. ANY ATTEMPT BY A GAME ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PROELITE RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH GAME ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.

  11. USE OF DATA: ProElite will collect and use personal data in accordance with its privacy policy available for review at http://www.proelite.com/privacy

  12. RULES: To receive a copy of the Official Rules (including the Game Rules), please mail your request together with a self-addressed, stamped envelope to: ProElite, Inc., ProElite Fantasy Fight Game, 12121 Wilshire Blvd., Suite 1001, Los Angeles, CA, 90265. Requests received after the completion of the Game will not be honored.

  13. WINNER LIST: To obtain a list of winners of major prizes, please mail your request together with a self-addressed, stamped envelope to: ProElite, Inc., ProElite Fantasy Fight Game, 12121 Wilshire Blvd., Suite 1001, Los Angeles, CA, 90265. Requests received after January 15, 2009 will not be honored.

  14. CHOICE OF LAW: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules (including the Game Rules) or the rights and obligations of Game Entrants, ProElite Entities and ProElite, in connection with the Game shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than California. Any court of competent jurisdiction sitting within the State of California, Los Angeles County will be the exclusive jurisdiction and venue for any dispute arising out of or relating to the Official Rules.
All ProElite, Inc. trademarks and copyrights are used with permission of ProElite.


Ultimate Fighting Championship® and UFC® are registered trademarks of Zuffa LLC. Zuffa LLC does not does not endorse or support any information or activity that may be hosted on www.proelite.com or related to the Game.

World Extreme Cagefighting® and WEC® are registered trademarks of Zuffa LLC. Zuffa LLC does not does not endorse or support any information or activity that may be hosted on www.proelite.com or related to the Game.