Emmis Communications (WIBC-FM; WYXB-FM and WFNI-AM); Godby Heating and Air Conditioning, LLC, dba/Godby Family of Services and UPICKEM.com have teamed up to give entrants a chance to win the “Godby Bracket Challenge” (the “Contest”). This Contest is governed by these Rules ("Rules"). Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules, as well as by all interpretations of these Rules by Emmis Communications, Godby Family of Services and UPICKEM.com and by all other decisions of Emmis Communications, Godby Family of Services and UPICKEM.com which are final and binding in all matters relating to the Contest.
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
The Contest is subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
The sponsors of the Contest are Emmis Communications, Godby Family of Services and UPICKEM.com (collectively referred to as the “Sponsors”).
Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if the Contest is not capable of being completed as planned for any reason. This includes, but is not limited to, infection by computer virus, "bugs", tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of any Sponsor to cancel, terminate, modify or suspend any Contest shall be final in all respects.
The Contest begins at 7pm on Sunday, March 14, 2010 and ends immediately following the final playoff game of the college basketball tournament on Monday, April 5, 2010 (the “Entry Period”). During the Entry Period, participants may go to www.wibc.com; www.b1057.com; or www.1070thefan.com (the "Websites") to complete the official UPICKEM.com College Hoops bracket. Participants must choose the team they think will win each game during the tournament. The participant with the highest number of points at the end of the tournament will be determined the winner. Each round of the tournament is worth 64 points. There are 6 rounds in the tournament that total up to 384 points. First round games are 2 points each. Second round games are 4 points each. Third round games are 8 points each. Fourth round games are 16 points each. Fifth round games are 32 points each. And the final championship game is worth 64 points.
If there are ties in the individual six rounds the "Score Approximation Formula" as described below is applied to pick a single winner for each place.
If there are ties for overall score the computer takes those fans that picked the championship game correctly and applies the "Score Approximation Formula" outlined below. If there are still ties the computer looks at who had:
1. The most points earned in the Fifth Round.
2. The most points earned in the Fourth Round.
3. The most points earned in the Third Round.
4. The most points earned in the Second Round.
5. The most points earned in the First Round.
6. If there is still a tie the computer picks a random winner from the tied players.
Fans pick who they think is going to win along with the score for a designated tie-breaker game. The computer then takes all the fans who are tied and applies this "Score Approximation Formula" outlined in points 1-3 immediately below:
1. Subtracts what the fan chose as the score for the winning team from the actual winning team's score and squares this value.
2. Subtracts what the fan chose as the score for the losing team from the actual losing team's score and squares this value.
3. Adds 1 and 2 above together to get the fan's "score approximation".
If there is still a tie after determining the "score approximation" then the computer than chooses a random winner from those who are tied.
Determination of cash prize winners, verification of eligibility, and compliance with these rules will be conducted by SCA Promotions, Inc., who has been contracted by Emmis Communications.
Geographical, Age and Parental Consent Requirements: The Contest is open to legal United States residents who currently reside in Indiana and who are at least 18 years of age or older at time of entry (unless otherwise specified). If Participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsors reserve the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of the Sponsors and any other entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are ineligible and prohibited from participating in any Contest. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in the Contest. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
The Contest begins at 7pm on Sunday, March 14, 2010 and ends immediately following the final playoff game of the college basketball tournament on Monday, April 5, 2010 (the “Entry Period”). During the Entry Period, participants may go to www.wibc.com; www.b1057.com; or www.1070thefan.com (the "Websites") to complete the official UPICKEM.com College Hoops bracket. Each Participant must accurately complete all required fields or the entry will be deemed invalid. In order to be eligible to participate the Participant must have Internet access and a valid email address prior to the Contest Entry Period. In the event of a dispute, the holder of the electronic mail account identified in the entry will be considered to be the Participant. Limit one entry per person and per email address.
Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsors upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to the Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Sponsors are not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Sponsors.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of Sponsors, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:
1. Incorrect, incomplete or inaccurate entry information;
2. Human errors;
3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
4. Inability to send a text-message;
5. Identity theft;
6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
7. Network hackers or other unauthorized access to Sponsors' computer network;
8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
9. Printing errors;
10. Equipment malfunctions; and
11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
The following prize will be awarded one winner as part of the Contest (Approximate Retail Value)
Five hundred dollars ($500)
In addition, participants will have the chance to win several national prizes from UPICKEM.com. Those prizes will be awarded as follows:
One (1) $1,000,000.00 cash prize could be awarded to an eligible fan who picks all 63 games in the contest correctly. If there are more than one (1) verified winners the prize award will be evenly divided between all winners. This prize will be paid out in equal installments over 40 years.
Up to three (3) $10,000.00 cash prizes could be awarded to eligible fans who pick 61 or 62 games in the contest correctly. If there are more than three (3) verified winners the prize awards will be evenly divided between all winners.
Up to five (5) $1,000.00 cash prizes could be awarded to eligible fans who pick 60 games in the contest correctly. If there are more than five (5) verified winners the prize awards will be evenly divided between all winners.
Fans can only win one of the cash prizes. So, for example, a $1,000,000.00 winner cannot also win a $10,000.00 or $1,000.00 prize and a $10,000.00 winner cannot also win a $1,000.00 prize.
No transfer, assignment or substitution of a prize is permitted, except that Sponsors reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Sponsors are not responsible for cancellations or delays in travel accommodations related to the grand prize airfare arrangements, hotel arrangements or event tickets and have no obligation to reimburse, refund or otherwise substitute any airfare arrangements, hotel arrangements or event tickets due to such cancellations or delays.
Participant prize-winners are solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any Participant winning over $600 in prizes in the Contest will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
The odds of winning will depend on the number of eligible entries received.
The winner will be the entrant with the highest score at the end of the College Basketball playoffs.
Prerequisites to Prize Award: Prior to being receiving a prize, winner may be required to provide: (1) a copy of their valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsors reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsor's sole discretion.
Winner, and to the extent a winner is a minor then their parents or legal guardian(s) as well, may be required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release, a completed IRS W-9 and other prize-claim related forms before any prize is awarded. By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Claiming the Prize: Winner will be notified via phone and/or email on Tuesday, April 6, 2010. Winner must claim the prize at the Emmis Communications offices, located at 40 Monument Circle, Indianapolis, IN
Prize Forfeiture: Where the winner is found to be ineligible or to have violated any Rules, or if Sponsors are unable to contact a winner within thirty (30) days after selection for any reason, the prize may be forfeited. Any such forfeiture decision, will be made solely by the Sponsors. Sponsors reserve the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Rules.
As consideration for entering the Contest, each Participant agrees to RELEASE, DISCHARGE AND COVENANT NOT TO SUE Sponsors (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, each Participant agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Unless prohibited by applicable law, each Participant authorizes and irrevocably grants to the Sponsors and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose the Sponsors and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
Each participant agrees to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Sponsors reserve the right in their sole discretion to supplement or make changes to these Rules at any time without notice.
This Contest shall be governed by and construed in accordance with the laws of the State of Indiana, without reference to its conflict of laws principles. Any disputes related to this Contest must be brought in a federal or state court located in Marion County, Indiana. By entering the Contest, each Participant hereby submits to the jurisdiction of the federal and state courts located in Marion County Indiana and waives the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. Under no circumstances shall any Participant be entitled to injunctive relief or equitable relief of any kind, or to restrain the continuation of the Contest in any manner.
Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: Godby Bracket Challenge, 40 Monument Circle, Indianapolis, IN 46204. These Rules may also be found at www.wibc.com; www.b1057.com or www.1070thefan.com
For a list of any Contest winners send a self-addressed, stamped envelope to: Godby Bracket Challenge, 40 Monument Circle, Indianapolis, IN 46204
Click here to return to the contest page.