Top Chef 5 Fantasy Game
OFFICIAL RULES
1. NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. OPEN ONLY TO LEGAL RESIDENTS PHYSICALLY RESIDING IN THE 50 UNITED STATES AND DC (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, GUAM, AND US MILITARY INSTALLATIONS IN FOREIGN COUNTRIES AND TERRITORIES). MUST BE 18 YEARS OF AGE OR OLDER AND OF THE AGE OF MAJORITY IN STATE OF RESIDENCE AS OF THE DATE OF REGISTRATION.
2. GENERAL/TIMING
The Top Chef 5 Fantasy Game (the "Competition") begins at 11 pm Eastern Time ("ET") on November 12, 2008 and ends on or about 11pm ET on February 25, 2009 (the "Competition Period"). End date is subject to scheduling changes. The registration period ("Registration Period") begins at 8:00pm ET on November 4, 2008 and ends at 8:00pm ET on February 11, 2009 (or fourteen (14) days before the final episode is broadcast, whichever comes later). These Official Rules detail how and when to play the Competition and are posted on (http://games.bravotv.com/topchef) (the "Website"). The Competition is sponsored by Bravo Media LLC and NBC Universal, Inc. (collectively "NBCU" or "Sponsor"). All times in the Competition refer to Eastern Time. Sponsor's computer clock will be the official timekeeper for the Competition.
3. HOW TO ENTER
There is no entry fee to register or participate in the Competition. To enter the Competition you must register at the Website during the Registration Period. To register, visit the Website during the Registration Period and click on the "Sign up now" tab. You will be asked to fill in and submit the registration information including your name, email address, zip code, birth date, password, team name and other information according to the provided instructions. You may also be asked if you wish to receive promotional materials and Competition reminders from Sponsor. Your consent to receive these materials is optional. Even if you consent, you may subsequently unsubscribe by clicking on the "unsubscribe" link in any promotional materials you receive. Once you have submitted all of the relevant registration information, you will receive an email with a link instructing you to verify your registration. Upon verification, you will receive a confirmation email with your login ID, user name, and other information about the Competition.
4. ELIGIBILITY
Participants must be legal permanent residents of, and must physically reside in, one of the 50 United States and must be 18 years of age or older and of the age of majority in their state of residence as of the date of registration. Void in Puerto Rico, the U.S. Virgin Islands, Guam, and U.S. Military installations in foreign countries and territories, anywhere outside of the 50 United States and where prohibited by law. Employees of NBC Universal Inc. and Bravo Media, LLC, and/or each of their respective parent companies, subsidiaries and affiliates, and their respective distributors, suppliers, participating vendors, promotion or advertising agencies, or any other company or person involved with the design, production, execution or distribution of the Competition (collectively, the "Competition Entities") and the immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and household members (whether related or not) of such employees are not eligible to enter or win.
5. SUMMARY
The Competition is a fantasy based game where participants create, name and manage their own Top Chef fantasy league team (each, a "Team") by choosing Top Chef contestants (each, a "Contestant") from Season 5 of the Top Chef television show (the "Show") from a pool of Sponsor designated Contestants (the "Pool").
Each participant will receive points based upon the Points Rules (as defined below). Participants will be ranked (as compared to other participants) for the cumulative points they receive each week of the Competition Period (each, a "Weekly Competition") and the cumulative points they receive for the overall Competition Period (the "Grand Prize Competition").
6. HOW TO PLAY: CREATING AND MANAGING A FANTASY TOP CHEF TEAM
A.
General
The Website will take participants through a series of web pages where they can register (as described above) and select Contestants for their Team. Participants will also have the opportunity to submit their own original Team name and create their own original screen name to represent their Challenge profile. The use of automated means to register, create or manage Teams is prohibited and any such use may cause a participant/Team to be disqualified. LIMIT ONE (1) TEAM REGISTRATION PER REGISTERED PARTICIPANT/EMAIL ADDRESS.
B.
Adding and Deleting Contestants from the Pool
Once a participant has registered, they will have an opportunity to pick Contestants from the Pool in order to create their Team. After creating a Team, participants may subsequently add or delete Contestants on their Team. Participants are not eligible to earn any points during any period of time in which they do not have at least one (1) Contestant on their Team.
The Pool may change at any point during the Competition Period as Contestants are eliminated from the Show and Sponsor adds or removes Contestants based upon changes in the Show.
Participants may add or delete Contestants on their Team until 9:59pm ET on the night a first run episode of the Show is broadcast and such changes will be effective when made. Any changes made after 9:59 pm ET will be effective for the following week's Episode. The addition or deletion of a Contestant on any participant's Team is effective (and is reflected in participant's account) until the beginning of the following Week of the Competition Period. In other words, any changes made to your Team roster once the East Coast broadcast of a first run episode of the Show begins (10:00 pm ET) will go into effect for the East Coast broadcast of the following week's first run episode. For purposes of registering an addition or deletion of a Contestant, a Week during the Competition Period begins on Wednesdays at 10 pm ET and ends on the following Wednesday at 9:59 pm ET.
C.
Managing your Team
Once registered, participants may manage their Team at the Website. You may have a maximum of three (3) Contestants on your Team at any time during the Competition Period. Once you have successfully registered a Team you can trade any or all of your Team members as many times as you like during the Competition Period by replacing him or her with any other Contestant in the Pool. During each week of the Competition Period in which an original episode of the Show is broadcast, the number of active Contestants will decrease by one (1) (unless there are double eliminations or no eliminations during the applicable episode) as a Contestant is eliminated from the Show. If a member of your Team is voted off the Show, you may replace that expelled member with another Contestant from the Pool. No points will be awarded to Contestants who have been eliminated from the Show.
7. POINTS SCORING
A participant's means of earning points is based upon how the Contestants on their Team perform on the Show. You accrue points when Contestants on your Team are awarded points based on their actions and the outcome of events (e.g., winning the elimination challenge) during an episode of the Show. Points earned are derived from the points rules ("Points Rules") for the Competition which are determined by Sponsor in its sole discretion and posted on the Website throughout the Competition Period. Sponsor reserves the right to add or delete Points Rules and to amend the allocation of points values for certain actions for any reason, in its sole discretion. Participants will have their first chance to accrue points from the beginning of the East Coast broadcast of the first first-run episode of the Show scheduled for broadcast on or about November 12, 2008 at 10pm ET. Team point totals will be updated by 12pm ET the day following the night of each broadcast of a first-run episode of the Show. In each first-run episode, points will be awarded ONLY for qualifying activities occurring during new, previously unseen footage broadcast during the Show. For the avoidance of confusion, no points will be awarded for events that occur during flashbacks or replays of any kind.
The Points Rules, which include the categories for which points will be awarded in the Competition, can be viewed by visiting http://games.bravotv.com/topchef/help/points. Categories and corresponding point awards are subject to change at any time, for any reason at Sponsor's sole discretion. All Points Rules and points calculations and awards will be made solely and exclusively by Sponsor, in its sole discretion and all decisions of Sponsor regarding the awarding of points to any and all participants shall be final and binding and are not subject to appeal.
8. WINNER SELECTION
The Competition consists of twelve (12) separate Weekly Competitions conducted during the Competition Period and one (1) Grand Prize Competition. There will be no points awarded on 12/24/2008 and 12/31/2008 and during any other weeks of the Competition Period where a first-run episode of the Show does not air for any reason whatsoever or as otherwise determined by Sponsor in its sole discretion. There will be no Weekly Competition during Weekly Competition 13 and 14 as listed in the chart below.
A.
Weekly Winners
Each Weekly Competition will consist of a competition period (a "Weekly Competition Period") that will begin and end, during the Competition Period, on the dates and times listed in the chart below.
| Weekly Competition |
Weekly Competition Period Start Date and Time |
Weekly Competition Period End Date and Time |
| 1 |
10pm ET November 4, 2008 |
9:59pm ET on November 12, 2008 |
| 2 |
10pm ET on November 12, 2008 |
9:59pm ET on November 19 2008 |
| 3 |
10pm ET on November 19, 2008 |
9:59pm ET on November 26, 2008 |
| 4 |
10pm ET on November 26, 2008 |
9:59pm ET on December 3, 2008 |
| 5 |
10pm ET on December 3, 2008 |
9:59pm ET on December 10, 2008 |
| 6 |
10pm ET on December 10, 2008 |
9:59pm ET on December 17, 2008 |
| 7 |
10pm ET on December 17, 2008 |
9:59pm ET on January 7, 2009 |
| 8 |
10pm ET on January 7, 2009 |
9:59pm ET on January 14 , 2009 |
| 9 |
10pm ET on January 14, 2009 |
9:59pm ET on January 21, 2009 |
| 10 |
10pm ET on January 21, 2009 |
9:59pm ET on January 28, 2009 |
| 11 |
10pm ET on January 28, 20098 |
9:59pm ET on February 4, 2009 |
| 12 |
10pm ET on February 4, 2009 |
9:59pm ET on February 11, 2009 |
| 13 (No Weekly Competition) |
10pm ET on February 11, 2009 |
9:59pm ET on February 18, 2009 |
| 14 (No Weekly Competition) |
10pm ET on February 18, 2008 |
9:59pm ET on February 25, 2008 |
Each winner of a Weekly Competition (a "Weekly Winner") will be determined based upon the number of points each participant has accumulated throughout the corresponding Weekly Competition Period (a participant's "Weekly Competition Score"). At the end of each of the twelve (12) Weekly Competition Periods, the participant with the highest Weekly Competition Score (for the corresponding Weekly Competition) will be designated as a potential Weekly Winner. For purposes of the Weekly Competitions and designating potential Weekly Winners, each participant is deemed to have the same number of points as of the beginning of each Weekly Competition Period (i.e., zero points), regardless of how many points they may have accumulated throughout the entire Competition Period up to and as of the beginning of any given Weekly Competition Period.
B.
Grand Prize Winner
The winner of the Grand Prize Competition (the "Grand Prize Winner") will be determined based upon the number of points each participant has accumulated throughout the entire Competition Period (a participant's "Competition Score"). At the end of the Competition Period, the participant that has accrued the highest Competition Score will be designated as the potential Grand Prize Winner.
All winning scores for each Weekly Competition and the Grand Prize Competition are subject to verification by Sponsor in its sole discretion. Sponsor's decisions are final and binding in all matters relating to points and scoring.
C.
Tiebreaker Procedures
If there is a tie between two (2) or more participants as of the conclusion of either a Weekly Competition Period or the Grand Prize Competition Period, the series of tiebreakers described below will be employed, as applicable.
For the Weekly Competitions: In the event of a tie between two (2) or more participants at the conclusion of any Weekly Competition, Sponsor will attempt to break that tie by determining whether (among those tied participants) a single participant has the highest points accumulated to date and, if so, he/she will be designated as the potential Weekly Winner.
If there remains a tie among two (2) or more participants in a Weekly Competition after the foregoing step has been taken, then the total points each participant accumulated in the previous Weekly Competition Period will be compared (i.e., if two (2) or more tied participants owned a Team as of the end of such previous Weekly Competition Period) to see if a sole winner can be determined based upon the participant with the highest points total among the tied participants in such previous Weekly Competition Period. If only one (1) of the tied participants owned a Team as of the end of such previous Weekly Competition Period, then the foregoing process will automatically result in that participant being declared the potential Weekly Winner from among all of the tied participants.
If there remains a tie among two (2) or more participants in a Weekly Competition after the foregoing steps have been taken, then Sponsor will determine which of the tied participants most recently selected the Elimination Challenge Winner as one of the Contestants on his/her Team in the tied Weekly Competition and such participant will be designated the potential Weekly Winner from among all of the tied participants. If more than one (1) tied participant selected the Elimination Challenge Winner as part of his/her Team in the tied Weekly Competition, then Sponsor shall review subsequent Weekly Competitions in order from most recent to oldest until Sponsor locates one (1) Weekly Competition Period where only one (1) tied participant chose the Elimination Challenge Winner as one of the Contestants on his/her Team and such participant will be designated the potential Weekly Winner from among all of the tied participants.
If there remains a tie among two (2) or more participants in a Weekly Competition after the foregoing steps have been taken, then Sponsor will determine which of the tied participants most recently selected the Quickfire Challenge Winner as one of the Contestants on his/her team in the tied Weekly Competition and such participant will be designated the potential Weekly Winner from among all of the tied participants. If more than one (1) tied participant selected the Quickfire Challenge Winner as part of his/her Team in the tied Weekly Competition, then Sponsor shall review subsequent Weekly Competitions in order from most recent to oldest until Sponsor locates one (1) Weekly Competition Period where only one (1) tied participant chose the Elimination Challenge Winner as one of the Contestants on his/her Team and such participant will be designated the potential Weekly Winner from among all of the tied participants.
For the Grand Prize Competition: In the event of a tie between two (2) or more participants at the conclusion of the Grand Prize Competition, Sponsor will attempt to break that tie by determining (among those tied participants) which single entrant has scored the highest points in the greatest number of Weekly Competition Periods among the tied participants. So for example, if Contestant A and Contestant B are tied at the conclusion of the Grand Prize Competition, and Contestant A has scored higher than Contestant B in ten (10) out of the fourteen (14) Weekly Competition Periods, then Contestant A would be designated as the potential Grand Prize Winner.
If there remains a tie among two (2) or more participants in the Grand Prize Competition after the foregoing steps have been taken, then Sponsor will determine which of the tied participants most frequently selected the Elimination Challenge Winner as one of the Contestants on their Team in the Weekly Competition Periods and such participant will be designated the potential Grand Prize Winner from among all of the tied participants. So for example, if Contestant A and Contestant B are tied at the conclusion of the Grand Prize Competition, and Contestant A has chosen the Elimination Challenge Winner as part of his/her Team in ten (10) out of the fourteen (14) Weekly Competition Periods, while Contestant B has chosen the Elimination challenge Winner as part of his/her Team in eleven (11) out of the fourteen (14) Weekly Competition Periods, Contestant B would be designated as the potential Grand Prize Winner.
If there remains a tie among two (2) or more participants in the Grand Prize Competition after the foregoing steps have been taken, then Sponsor will determine which of the tied participants most frequently selected the Quickfire Challenge Winner as one of the Contestants on their Team in all of the Weekly Competition Periods and such participant will be designated the potential Grand Prize Winner from among all of the tied participants. So for example, if Contestant A and Contestant B are tied at the conclusion of the Grand Prize Competition, and Contestant A has chosen the Quickfire Challenge Winner as part of his/her Team in ten (10) out of the fourteen (14) Weekly Competition Periods, while Contestant B has chosen the Elimination challenge Winner as part of his/her Team in nine (9) out of the fourteen (14) Weekly Competition Periods, Contestant A would be designated as the potential Grand Prize Winner.
For both the Weekly Competitions and the Grand Prize Competition: If there remains a tie among two (2) or more participants in a Weekly Competition or the Grand Prize Competition after the foregoing steps have been taken, Sponsor will contact the tied participants with a special tiebreaker trivia question that will be selected by Sponsor in its sole discretion. Sponsor will designate the tied participant who correctly answers the trivia question as the potential winner in its sole discretion. Sponsor reserves the right to provide additional tiebreakers procedures as needed in its sole discretion.
D.
Winner Notification
Sponsor will make two (2) attempts to contact potential winners at the phone number or e-mail address provided at the time of entry. If Sponsor is unable to reach a potential winner via phone or email after two (2) attempts, he/she may be disqualified and the runner-up may be selected as an alternate potential winner based on the winner selection processes described above. Potential winners may be required to complete, sign, have notarized and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and Publicity Release (where legal) within five (5) days of date of notification. Non-compliance within this time period, with these Official Rules or the return of or inability to deliver any prize/prize notification may result in disqualification and/or forfeiture of the applicable prize and, at Sponsor's discretion, and time permitting, a runner-up may be selected as an alternate potential winner based on the winner selection processes described above.
9. PRIZES
A.
Twelve (12) Weekly Prizes: Sponsor will award one (1) Weekly Prize to each Weekly Winner. Each Weekly Prize will consist of two (2) pieces of Top Chef merchandise including items such as a Top Chef Cookbook and a Top Chef Oven Mitt. Sponsor will determine details of merchandise, including color, style and type, in its sole discretion. Approximate Retail Value ("ARV") of each Weekly Prize is fifty dollars ($50).
B.
One (1) Grand Prize: Sponsor will award one (1) Grand Prize to the Grand Prize Winner. The Grand Prize consists of two thousand five hundred dollars ($2,500) cash awarded in the form of a check made payable to Grand Prize Winner or in such other form as determined by Sponsor in its sole discretion. Sponsor will furnish an Internal Revenue Service Form 1099 to Grand Prize Winner for the ARV of Grand Prize for the tax year in which Grand Prize was won. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of Grand Prize Winner.
C.
Additional Prize Conditions: The total ARV of all prizes is three thousand one hundred dollars ($3,100). Winners are each solely responsible for all expenses and costs associated with acceptance and/or use of any prize including, without limitation, any and all federal, state and local taxes. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Participants selected as a Weekly Winner or as the Grand Prize Winner must comply with all terms and conditions of these Official Rules and designation as a Weekly Winner or as the Grand Prize Winner is contingent upon fulfilling all requirements and compliance with these Official Rules. The value of each prize represents the Sponsor's good faith determination of the maximum retail value thereof. For Form 1099 reporting purposes, each winner shall be bound by such good faith determination. No transfer, substitution or cash redemption will be awarded in lieu of stated prize except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor. Sponsor is responsible only for prize delivery and is not responsible for prize utility, quality or otherwise. In the event that any prize component is not available for any reason, then remaining elements of prize shall be awarded and shall constitute full satisfaction of Sponsor's prize obligation to any winner and no additional compensation will be awarded.
Due to the nature of television, the exhibition dates and times of each first run episode of the Show (and, therefore, the Weekly Competition Period Start Dates and Times) are subject to change. In the event the Show is cancelled prior to exhibition, or pre-empted after an episode(s) of the Show is already airing, and in the event any portions of the Competition are cancelled or suspended, the Competition will terminate as of the date of such cancellation or suspension and neither the remaining Weekly Prizes (if any) nor the Grand Prize will be awarded. Additionally (and without limiting the foregoing), if for any reason this Competition is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind (including force majeure events), which, in Sponsor's sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition, then Sponsor reserves the right to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend all or any part of the Competition and the prizes may not be awarded; except that Sponsor, in its sole discretion, reserves the right to select Weekly Winner(s) or Grand Prize Winner as applicable, based on the winner selection processes described above from among all eligible Teams registered by eligible participants up until the time of such cancellation, termination, modification or suspension, as applicable. Any changes to the Competition will be posted on the Website.
10. CONDITIONS OF PARTICIPATION
By entering this Competition, you consent to the use of your name, voice, and likeness, and other biographical information you provide to us in and in connection with the development, production, distribution and/or promotion of the Competition and otherwise in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission or approval. Sponsor and the Competition Entities reserve the right to make public personal information about the participants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Competition. In all disputes, Sponsor is the sole judge and its actions are final and binding. Sponsor may announce any winner's name on-air or on its websites.
By entering the Competition, participants agree to waive any right to claim any ambiguity or error in these Official Rules, or the Competition itself, and agree to be bound by these Official Rules and by all decisions of Sponsor, which are binding and final. Failure to comply with these Official Rules or such other Competition rules and regulations as may be announced by Sponsor from time to time (including any and all amendments to the Points Rules) may result in disqualification from the Competition and/or forfeiture of any prize. Sponsor, in its sole discretion, may disqualify any participant from the Competition, refuse to award points or prizes and require the return of any prizes, if a participant engages in conduct Sponsor deems to be improper, unfair or otherwise adverse to the operation of the Competition or in any way detrimental to other participants, including any participant who engages in non-sportsmanlike or disruptive behavior, or with the intent to annoy, abuse, threaten or harass any other person in the Competition. Improper conduct also includes, but is not limited to, falsifying personal information required to enter the Competition or claim a prize; violating any of these Official Rules or certain other rules and regulations designated by Sponsor; accumulating points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Competition or trying to in any way tamper with the computer programs associated with this Competition; obtaining other participants' information and spamming other participants; and abusing the Competition Website in any way. Participant further acknowledges that the forfeiture and/or return of any prize shall in no way prevent Sponsor from pursuing criminal or civil proceedings in connection with any such conduct. Further this Competition MAY NOT BE USED FOR ANY FORM OF GAMBLING.
By entering into this Competition or accepting any prize, participants, including but not limited to the winner(s), agree to release and to hold harmless Sponsor and the Competition Entities and each of their respective parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties") from any and all liability, claims or actions of any kind whatsoever, including, but not limited to, for injuries, damages or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, and claims based on publicity rights, defamation or invasion of privacy.
The Released Parties are not responsible for any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit a participant to participate in the Competition), including without limitation any injury or damage to any participant's or any other person's computer or video equipment relating to or resulting from participation in the Competition; inability to access any website, or any web pages of the Sponsor; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof; or any other activity or event of any kind that disrupts or affects the administration, security, fairness, integrity or proper conduct of the Competition. The Released Parties are also not responsible for incomplete, illegible, misdirected or stolen entries. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE COMPETITION WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH ENTRANT AND HIS/HER ASSOCIATED TEAM AND SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
A winner may be requested to provide Sponsor with proof that such winner is a resident at the address provided on the registration screen and that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a participant or winner based on an e-mail address, the applicable entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person 18 years of age or older who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Competition, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Competition, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services ("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("the JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
Participation in the Competition must be made only as specified in these Official Rules. Failure to comply with these Official Rules will result in disqualification and, if applicable, prize forfeiture.
The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
11. PRIVACY
Sponsor will be collecting personal data about participants online, in accordance with its privacy policy. Please review Sponsor's privacy policy at http://www.bravotv.com/Privacy_Policy//index.shtml. By participating in the Competition, entrants hereby agree to Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted Sponsor's privacy policy.
12. LIST OF WINNERS:
For a list of the winners' names, send a self-addressed stamped envelope to "Top Chef 5 Fantasy League Challenge" - 30 Rockefeller Plaza, Office 1406E New York, NY 10112 by April 9, 2009 or visit (www.bravotv.com) after March 11, 2009.
The Competition and all accompanying materials are copyright © 2008 NBC Universal, Inc.