Racquet Bracket :: US Open ATP

1. SPONSOR. Tennis Channel’s 2020 US Open Racquet Bracket Contest (“Contest”) is sponsored by The Tennis Channel, Inc. (“Tennis Channel”) [2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405] (“Sponsor”).

2. ELIGIBILITY. The Contest is open only to United States legal residents residing and physically located in the fifty United States and the District of Columbia, who are at least eighteen years of age or older at the time of entry. Employees and their immediate families (parents, spouses, siblings, children, household members and the spouses and children of the foregoing) of Sponsor and Develomatic, LLC [5634 Southlake Court, Hudsonville, Michigan 49426], the United States Tennis Association and its parent companies, subsidiaries, affiliates, divisions, trustees, franchisees, participating vendors, distributors, dealers, advertisement or promotion agencies and affiliated agencies and their respective employees, officers, directors, shareholders, investors, successors and assigns (“Contest Entities”) are not eligible to enter the Contest. By entering the Contest, entrants agree to abide by all terms of these Official Rules and Regulations (“Rules”) and decisions of Sponsor. The Contest is subject to all federal, state and local laws and regulations. Eligibility, age and all claims made by potential winners are subject to verification. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and Publicity Release Form, except where prohibited by law, within five (5) days of receipt of said forms. Do not enter this Contest if unable to meet the eligibility requirements set forth in these Rules.

3. ENTRY PERIOD/CONTEST PERIOD. Entry to the Contest begins at 2:00 PM Eastern Daylight Time (“EDT”) on August 27, 2020 and continues through 11:00 AM EDT on August 31, 2020 (“Entry Period”). The Contest will run for the duration of the 2020 US Open (“Tournament”) currently scheduled to begin on August 31, 2020 and conclude on September 13, 2020 (“Contest Period”). For the purposes of these Rules, all times and days are EDT.

4. CONTEST OBJECTIVE. The object of the Contest is to earn as many points as possible by correctly predicting: the winner of main draw men’s or main draw women’s (each a “Category”) singles tennis matches in the Tournament, from the opening match through the final championship match; the total number of aces the champion will serve in the final match; and the elapsed duration of the final match (in minutes). To participate in the Contest, entrant must attempt to predict the winner of each individual match (“Match”) in the singles draw in either Category of the Tournament (“Prediction”). Contestant may only make one Prediction per Match. A Prediction needs to be correct in order to earn Contest points. The points accrued for each correct Prediction are as follows: first round Match = one (1) point, second round Match = two (2) points, third round Match = three (3) points, fourth round Match = five (5) points, quarterfinal Match = ten (10) points, semifinal Match = twenty (20) points and final Match = thirty (30) points. The maximum possible point score in each Category is three hundred twenty-six (326).

5. HOW TO ENTER. To enter the Contest log on to the Tennis Channel website currently at http://www.tennis.com (the “Entry Site”). Once there, click on the Contest icon or Contest text link, either of which will take you to the Contest home page and Entry (Entry). Then complete and transmit the entry form (“Entry”). Information required on the Entry (collectively “Entry Information”) consists of entrant’s complete legal name (first name and last name), e-mail address, user name, user password, age verification, and

Predictions and may include daytime telephone number (including area code) and answers to certain marketing questions (answers to marketing questions do not in any way affect chances of winning). Entrants may enter the men’s Category, the women’s Category, or both Categories. Limit one (1) Entry per person, per Category, for the entire Entry Period. Beyond this, multiple Entries from any person will be voided. Multiple Entries from any e-mail address will be voided. Entrants may change any of their Predictions up and until the conclusion of the Entry Period. Entries must be received by 11:00 AM EDT on August 31, 2020. All required Entry Information must be completed in full. Proof of delivery or receipt of Entry, will not be deemed by Sponsor as proof of entry. Any attempted form of entry other than as described herein is void. In the event that a player withdraws from the Tournament after the draw has been completed but prior to the commencement of the Tournament, any Predictions for the withdrawn player will automatically be changed to Predictions for the alternate player who replaces the withdrawn player in the draw. Entrants warrant and represent that they have not purchased any kind of Internet service in order to enter Contest. Entries must be made by the entrant only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including, but not limited to, commercial Contest subscription notification and/or entry service sites, will be declared invalid and disqualified for this Contest.

6. DETERMINATION OF WINNERS. At the conclusion of the Tournament, the eligible entrants with the highest number of points in each Category will, subject to verification and compliance with the terms of these Rules, be declared the prize winners (see Prizes section below for details). An entrant may win the prize in both Categories if entry was submitted for both Categories. Within a Category, if two (2) or more eligible entrants tie for the prize, the following tie breaker criteria will be used: the eligible tied entrant who comes closest to correctly predicting the number of aces served by the Tournament champion in the final Match will be declared the winner; in the event of a further tie, the eligible tied entrant who comes closest to correctly predicting the duration of the final Match (in minutes) will be declared the winner. In the unlikely event of a further tie, the remaining tied entrant who correctly answers the highest number of tennis trivia questions chosen by Sponsor will be declared the winner. All decisions of Sponsor will be final.

7. PRIZES.

Grand Prize: Six (6) grand prizes. The three (3) top scoring winners in each Category will be awarded one (1) grand prize each, consisting of a one (1) year subscription to Tennis Channel’s over-the-top streaming service Tennis Channel Plus, each subscription with an Approximate Retail Value (“ARV”) of One Hundred Nine Dollars and Ninety-Nine Cents ($109.99) (“Grand Prize”). The total ARV of all Grand Prizes is Six Hundred Fifty Nine Dollars and Ninety-Four Cents ($659.94). Actual prize items awarded will be selected and determined by Sponsor, in its sole discretion.

All prizes shall collectively be referred to as the “Prize(s).”

All Tennis Channel Plus restrictions shall apply. All terms of use and policies regarding Tennis Channel Plus shall apply. All federal, state, local or other taxes, if any, are the sole responsibility of winner. One (1) prize per winner/household/Category. All ARVs are in United States Dollars and based on the manufacturer’s selling price at the time the Rules were finalized.

8. PRIVATE POOLS. Sponsor permits any person or group to set up their own private bracket (each a “Private Pool”, collectively “Private Pools”) in order to compete in a discrete bracket directly against friends, co-workers, family members, etc. To create a Private Pool, an entrant may click on the “create a private pool” link on the Entry registration page and thereafter follow the instructions to set up their Private Pool and invite persons via e-mail with a web link to compete in their Private Pool. Private Pools are provided for entertainment purposes only, and Sponsor is not responsible for the administration of any Private Pool, nor for awarding any prize(s) in connection with any Private Pool. Entrants to a Private Pool must follow the same entry procedures as described in Section 5 above, and are subject to Sections 3, 10, 11, 12, 13, 14 and 15 of these Rules. The creator of a Private Pool may opt to modify the point scoring system of the Contest as described in Section 4, and/or may create their own scoring system for their Private Pool. An entrant to a Private Pool will have the option to have the predictions submitted for that Private Pool carry over to become their Predictions in this Contest by clicking the check box to submit their predictions to the Contest, thus, provided they meet all eligibility criteria in Section 2, gaining full Entry to this Contest. Alternatively, an entrant may choose to enter a Private Pool without gaining Entry to this Contest, in which case, their predictions will not be entered in this Contest and will not compete for the Prizes in Section 7 above. All persons creating a Private Pool warrant and represent that they will adhere to all applicable federal, state and local laws, rules and regulations, including without limitation those governing contests and sweepstakes, and will indemnify and hold harmless Sponsor from any and all claims arising from any Private Pool, including without limitation for their improper administration of a Private Pool or their failure to award any prize purportedly offered in connection with any Private Pool. Sponsor, in its sole discretion, may cancel or suspend any Private Pool that does not fully comply with this section.

9. CLAIMING PRIZES/RELEASES. Prizes are non-refundable for cash and non-changeable once issued. Sponsor will not replace any lost or stolen elements of the Prize. Prize winners cannot assign or transfer their Prizes to another person. Fulfillment/delivery dates for Prizes will be at Sponsor’s sole discretion. There shall be no substitution, transfer, or cash equivalent of Prizes (or Prize components), except that Sponsor may substitute a Prize (or Prize component) for one of equal or greater value for any reason. In the event that a Prize component is not available for any reason, then the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to winner and no additional compensation will be awarded. Any depictions of Prize (or Prize elements) are for illustrative purposes only. Prize winners are responsible for any and all expenses and taxes not included in the Prize package, including, but not limited to, federal, state and local taxes. Prizes are provided “as is” and without any warranty of any kind.

Eligibility, age and all claims made by a potential winner are subject to verification as determined in Sponsors’ sole discretion. Such verification may include, but is not limited to, potential winner(s) submitting documentation (e.g. government issued ID, social security/tax ID number, applicable tax forms, etc.) for Sponsors’ review. If a potential winner cannot be reached, or does not submit requested documentation after a reasonable effort has been exerted, or if they are found to be ineligible, an alternate winner may be selected at Sponsor’s sole discretion. In the event the winner declines the Prize or winner fails to execute and return the completed releases described below, Sponsor may elect, in its sole discretion, to select an alternate winner. If a dispute arises regarding who submitted an Entry, the Entry will be deemed to be submitted by the registered owner of the e-mail account as determined by Sponsor, in its sole discretion. Potential winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and Publicity Release Form, except where prohibited by law, within five (5) days of receipt of same. If a potential winner fails to comply with the Rules and/or to submit required documentation within the designated period, the Prize will be forfeited and Sponsor may elect, in its sole discretion, to select an alternate winner. By accepting any Prize, Prize winner consents to the use of Prize winner’s name, address (city and state only), voice, biographical and prize information and/or statements about the Contest, photographs and likeness, without additional compensation, for programming, advertising, trade and promotional purposes, and any and all matters related to the Contest, in any and all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. In accepting Prize, winner further acknowledges that the Contest Entities 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 or Prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible or liable for its failure to contact potential winners due to an incorrect, out of date or undeliverable mailing address, e-mail address or telephone number. Entrants should update their user accounts regularly with their correct contact information so that they will be able to receive Prizes if selected as a potential winner. A potential winner who fails to notify Sponsor with any complaint or problem within three (3) days after attempted Prize notification, forfeits their right to do so. Sponsor is not responsible for fraudulent mail/e-mail sent to entrants by third parties.

10. GENERAL RULES AND REGULATIONS. By entering the Contest and/or accepting any Prize, entrants agree that: entrants have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; entrants will abide and be bound by the Rules, Sponsor’s decisions, and the Sponsor’s Privacy Policy (as hereinafter defined); and entrants will waive any rights to claim ambiguity with the Rules. All entrants further acknowledge that if they are verified as a winner, certain of their personally identifying information may be disclosed to third parties at least as required by law including, without limitation, on a winners list. The winners’ names will be kept on file for two (2) years after the end of this Contest. Participation in the Contest constitutes entrant’s understanding of and full and unconditional agreement to and acceptance of these Rules. Sponsor’s decision not to enforce a specific provision of these Rules does not constitute a waiver of that provision or of the Rules generally. The Sponsor and Contest Entities expressly disclaim any responsibility or liability for injury, death or loss to any person or property relating to the delivery and/or subsequent use, misuse, malfunction, availability, and delay in delivery of the prizes awarded. Sponsor and Contest Entities shall not be liable to winners or any other person for failure to supply the Prizes, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi- governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Neither Contest Entities nor Sponsor make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of the prizes including, without limitation, quality, merchantability or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omission, delays, re-routing or acts of any government or authority. Sponsor may modify, rescind, cancel or revoke the promotion at any time in its sole discretion without notice or liability. By entering the Contest, entrants release Sponsor and Contest Entities, from any and all liability for injuries, losses or damages of any kind resulting from participation in the Contest and/or acceptance or use (or misuse) of a prize, including any indirect, incidental, consequential or punitive damages. Sponsor reserves the right, in its sole discretion, to disqualify entrants who attempt to tamper with this Contest in any way. All federal, state and local laws and regulations apply. Additional restrictions may apply. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient of a prize/award of at least Six Hundred Dollars ($600.00) or more in a calendar year. The recipient is responsible for any income tax liability and should consult their tax advisor for the proper tax treatment of this income on their tax return. Any attempt to deliberately damage the Contest or operation of the Contest is unlawful and subject to legal action by the Sponsor and/or Contest Entities who may seek damages to the fullest extent permitted by law.

11. PRIVACY POLICY/DATA COLLECTION. Except as otherwise contemplated in these Rules, and to the extent entrants may otherwise elect at the time of Entry, information provided by entrants for this Contest is subject to Sponsor’s privacy policy located at http://www.tennis.com/privacy-policy/ (“Privacy Policy”). Entrant consents that Sponsor may use entrant’s information for purposes of administration of this Contest and for prize fulfillment.

12. PARTICIPATION IN THE CONTEST AND USE OF THE ENTRY SITE /DISQUALIFICATION. Sponsor reserves the right, at its sole discretion, to disqualify any individual Sponsor finds, in its sole determination: tampering with the entry process or the operation of the Contest, or the Entry Site; in violation of the terms of use of the Entry Site; acting in violation of the Rules; or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Without limitation of the foregoing, any use of software or hardware, including without limitation, a program, mechanism, system, robot, “bot”, macro or other artificial device, process or manipulation (“Manipulation”) is strictly prohibited. Sponsor may suspend or discontinue the Contest if, in its sole opinion, there is any actual or suspected tampering of the Contest, or any other malfunction, event or activity that may affect the integrity of the Contest. Sponsor reserves the right, in its sole discretion, to terminate any person’s participation in the Contest whom Sponsor suspects has engaged in any Manipulation.

13. BUGS AND VIRUSES; IRREGULARITIES; CANCELLATION. Sponsor reserves the right, in its sole discretion, to suspend, cancel or modify the Contest at any time if a computer virus, bug, malfunction, Manipulation, act of sabotage, act of God, or any other problem, regardless of the cause, affects, compromises, or corrupts the administration, security, or proper play of the Contest. Notice of cancellation will be posted at the Entry Site. Prizes that are not obtained through authorized and/or legitimate methods, or are the result of Manipulation, mechanical, electronic, digital or computer or other error, are void. Sponsor shall not be obligated to award any prize that relates to or arises out of an irregular entry or improper or mistaken prize notification, operation or function of this Contest. Only the number of Prizes stated in these Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor), Sponsor cannot continue the Contest, Sponsor may, in its sole discretion, cancel this Contest.

14. RELEASE OF LIABILITY; LIMITATION OF LIABILITY. By entering the Contest, entrant agrees to release the Sponsor and Contest Entities from any and all liability claims or actions of any kind whatsoever for injuries, death, damages or losses to persons and/or property which may be sustained in connection with participation in the Contest, and/or the receipt, ownership, use, or misuse of any prize. Entrants agree that Sponsor, their respective officers, directors and employees, and their agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries, lost, misdirected or otherwise undeliverable mail, or postage-due notices, release forms, affidavits or other correspondence; potential winner’s unsuccessful efforts to claim any prize; any telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, slow-downs, failures, or difficulties of any kind; failed, incomplete, garbled, or delayed computer transmissions; human error, incorrect or inaccurate transcription of Entries; any condition caused by events beyond the reasonable control of the Sponsor that may cause the Contest to be disrupted or corrupted, however minor; any injuries, losses, or damages of any kind, including without limitation, personal injury, death and property damage arising in connection with or as a result of the acceptance, possession, or use of a prize, or from participation in the Contest; any unauthorized Entries or Manipulation by a person; any printing or typographical errors in any materials associated with the Contest, or errors attributable to a malfunctioning prize notice or pop-up window associated with the Contest; any claims based on publicity rights, defamation or invasion of privacy; any damage to any entrant’s (or any third party’s) computer and/or its contents related to or resulting from any part of this Contest; and any fraudulent mail/e-mail sent to entrants not by Sponsor.

IN NO EVENT WILL SPONSOR, CONTEST ENTITIES, OR THEIR P ARENTS, AFFILIA TES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENT A TIVES 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 OR IN CONNECTION WITH ENTRANT’S: ACCESS TO AND USE OF, OR INABILITY TO ACCESS, THE ENTRY SITE; DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE ENTRY SITE; PARTICIPATION IN THE CONTEST OR ANY OF THE GAMES AVAILABLE ON THE ENTRY SITE; OR ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE CONTEST AND THE OTHER GAMES ON THE ENTRY SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

15. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any entrant and Contest Entities, shall be governed by, and construed in accordance with the laws of California. In any action brought to enforce the obligation or right of any party hereunder, the party consents to personal jurisdiction and venue in any court of appropriate jurisdiction in Los Angeles County, California, USA. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision.

16. OFFICIAL RULES AND REGULATIONS/NAMES OF WINNERS. For a copy of these Rules or the names of the winners, send a self-addressed, stamped envelope to: Tennis Channel’s 2020 US Open Racquet Bracket Contest “RULES”/“WINNERS LIST” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by September 30, 2021. The Rules will be accessible from the Entry Site during the Contest Period. The winners’ names may be posted on the Contest Entry Site.

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