NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER.
Realtime Football (the "Game") is a national “pick’em” game that begins at approximately 12:00 p.m. ET on September 1st 2018 (the "Game Start Date") and ends at approximately 12:00 a.m. ET on January 8th 2019 (the "Game End Date") (such period referred to herein as the "Game Period"). The Game is sponsored by Hubstar, Inc. doing business as Realtime Football (the "Sponsor").
THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE SPONSOR TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
THE GAME IS OFFERED FOR FREE AND IS STRICTLY FOR ENTERTAINMENT PURPOSES ONLY. THE GAME AND ANY INFORMATION RELATED TO OR RESULTING FROM THE GAME MAY NOT BE USED IN ANY WAY FOR ANY FORM OF GAMBLING OR WAGERING. NOTWITHSTANDING ANY PROVISION OF THESE OFFICIAL RULES TO THE CONTRARY, NO PLAYER OR PLAYERS GROUP WILL BE ELIGIBLE TO RECEIVE ANY PRIZE IN THIS GAME. THE SPONSOR DOES NOT PROMOTE, ENDORSE OR CONDONE GAMBLING OR WAGERING OF ANY KIND, OR ANY OTHER ACTS BY NCAA ATHLETIC DEPARTMENT MEMBERS, CONFERENCE OFFICE STAFF, NATIONAL OFFICE STAFF AND STUDENT-ATHLETES IN VIOLATION OF APPLICABLE NCAA RULES.
HOW TO ENTER AND PLAY: During the Game Period, you must register for a free Realtime Football account to play Realtime Football. Once you have registered, sign in to your Realtime Football account, and complete your picks for that week’s Realtime Football Power 5 Conference games offered. Registration can be completed and play can begin anytime during the Game Period. Complete your picks by predicting the winning team for each of the 5 (five) weekly college football matchups associated with the Game. The objective of the Game is to correctly predict the winning team for the 5 (five) weekly Power 5 Conference games offered and accumulate the most points by the end of Game Period. Available points to be earned for a correct prediction will depend on when you enter your final prediction for a given game. Correct predictions made before the Game starts will be worth the most points, as indicated in the Scoring Matrix below. Available points to be earned for a correct prediction will decrease as the live Games progress in accordance with the Scoring Matrix below. You may enter your prediction or change your prediction an unlimited amount of times for a game before the end of the game. Final Prediction Period ends (as defined in Section 3 below) for a Game at two (2) minutes remaining in the live game. Once the Official Game Clock reaches two (2) minutes to play, your current prediction will be locked in and you will no longer be allowed to change it. A prediction entry for a game must be received by the applicable Prediction Deadline to earn points and be scored in accordance with the Scoring Matrix below. You will not earn points for any games for which you do not enter a correct prediction by the Prediction Deadline.
Limit one (1) Prediction per Game and six (6) Groups per Player : For more information about how to play, visit the "How to Play" page located at realtimesports.com/help. Participation in the Game is voluntary and does not require you to purchase anything from the Sponsor. Limit one (1) Realtime Football account per person. Mechanically entered or reproduced entries not accepted. All entries become the property of the Sponsor and will not be returned.
ELIGIBILITY: The Game is open to registered members of Realtime Football with a validated email address who are legal residents of the United States (excluding territories and possessions) and at least eighteen (18) years old at the time of entry. Entries are limited to individuals only; except as expressly indicated otherwise in Section 4 of these Official Rules, commercial enterprises. business entities and other organizations are not eligible to participate. By participating in the Game, each player accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Sponsor and warrants that s/he is eligible to participate in the Game. Employees, independent contractors, officers, and directors of the Sponsor and its respective affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Game.
THE GAME IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
SCORING MATRIX: Correct predictions made before the Game starts will be worth 100 points. Available points to be earned for a winning prediction will drop once the Game at starts with available points for a winning pick dropping again at 10:00 and 5:00 minutes left of 1st quarter play and end of 1st quarter; at 10:00 and 5:00 minutes left of 2nd quarter play and Halftime; at 10:00 and 5:00 minutes left of 3rd quarter play and end of 3rd quarter; and at 12:00, 9:00, 5:00 and 2:00 left of play in 4th A losing pick scores zero points at the end of the game. The scoring matrix below outlines the point values available for a correct prediction entered by the end of each of these periods.
|Prediction Period/Time Clock||10:00||5:00||End 1st||10:00||5:00||Half||10:00||5:00||End 3rd||12:00||9:00||5:00||2:00|
CONTENT: By submitting content to the Sponsor in connection with the Game, you automatically represent and warrant that you have the right to grant, and do hereby grant, to the Sponsor and the Promoters the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such content; and (b) use the content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the content and the right to practice any methods related to such products or services in connection with its use of the content. You warrant that the content has not been copied from any third party and its use by the Sponsor, the Promoters, or any third party described herein will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless the Sponsor, the Promoters, and all third parties described herein from and against any breach of this warranty. Under no circumstances will the Sponsor, the Promoters, or any third party described herein be required to treat such content as confidential. The Sponsor and the Promoters will be entitled to use the content in accordance with this Section 7 without permission from or compensation to you or any other person. For the avoidance of doubt, the Sponsor and the Promoters will not be liable to you or any other person for any ideas for the Sponsor's business (including, without limitation, product designs or ideas) derived from the content, and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of the Sponsor and the Promoters.
CONDITIONS: The Sponsor, the Promoters, the NCAA Entities and their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the "Released Entities"), are not responsible for, will not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with participation in the Game; or (vi) any printing or typographical errors in any materials associated with the Game. The Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Game should any unauthorized human intervention or other causes beyond the Sponsor's control corrupt or affect the administration, security, fairness or proper conduct of the Game. By participating in the Game, players and the winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Game, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Game, participation in the Game, including but not limited to statutory and common law claims for misappropriation or player's right of publicity. The Game will be governed by Massachusetts law. By participating in the Game, you agree that Massachusetts courts will have jurisdiction over any dispute or litigation arising from or relating to the Game.
DISPUTE RESOLUTION BY BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate : This Section entitled "Dispute Resolution By Binding Arbitration" is referred to in these Official Rules as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and the Sponsor, whether arising out of or relating to these Official Rules (including any alleged breach thereof) any advertising or any aspect of the relationship or transactions between you and the Sponsor, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against the Sponsor on your behalf. You agree that, by entering into these Official Rules, you and the Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief : YOU AND THE SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THE SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
Pre-Arbitration Dispute Resolution : The Sponsor is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at Support@rtbrackets.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to the Sponsor should be sent to Hubstar, Inc. at 10 Union Street, Hingham, MA 02043 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If the Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or the Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Sponsor or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Sponsor is entitled.
Arbitration Procedures : Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Official Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Official Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the Sponsor and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, the Sponsor agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration : Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $25,000 or less, at your request, the Sponsor will pay all Arbitration Fees. If the value of relief sought is more than $25,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, The Sponsor will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
Confidentiality : All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability : Without limiting the severability provision below in these Official Rules, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Section 9(b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Section 9(b) is invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void. The remainder of these Official Rules will continue to apply.
SPONSOR CONTACT INFORMATION:
421 W 3rd Street
Austin, TX 78701
NOTICE : The Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Game in violation of these Official Rules and/or criminal and/or civil law.
Copyright © 2018 Hubstar, Inc. All rights reserved. Hubstar, Inc. and the associated logo are registered trademarks of Hubstar, Inc. Any other trademarks in these Official Rules are used for identification purposes ONLY and are the properties of their respective owners.