|1. Introduction||2016 CBSSports.com Game Pick 'em Contest|
|2. Playing||Signing Up|
|3. Prizes||Grand Prize|
|4. Legal Disclaimers||General Conditions|
Sponsor's Mailing Address
Prize Provider/Administrator's Mailing Address
2016 CBSSports.com Game Pick 'em Contest
Welcome to the 2016 CBSSports.com Game Pick'em Contest (the "Challenge"), where you compete against other participants to see who can correctly predict the outcomes of selected National Football League ("NFL") games. Submit your predictions each week for a chance at weekly and overall prizes. The Challenge starts August 3, 2016 and ends January 3, 2017 (the "Challenge Period").
The Challenge is FREE to play. No purchase, wireless device or entry fee necessary to enter or win. If you are accessing this Challenge via your wireless device, data rates may apply.
If you are a wireless service subscriber and have a smart phone, tablet or other wireless device that allows you to access this Challenge, you may play the Challenge via any of those devices. If you decide to access the Challenge via any of such wireless device, you may be charged data rates according to the Terms and Conditions of your Service Agreement with your wireless carrier. Each wireless carrier's rate plan may vary, and participants should contact their wireless carrier for information on rate plans and charges relating to your participation in this Challenge.
IMPORTANT NOTICE: THIS CONTEST IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4 BELOW.
CBS Interactive Inc. ("CBSI") will serve as the Administrator of the Challenge and will be responsible for resolving any disputes that arise regarding violations of the rules. Neither FedEx Corporation, nor any of its subsidiaries have offered or sponsored this Game and are not responsible in any way for the administration of the Game or any prizes awarded through the Game or the use thereof.
For purposes of these Official Rules, "Registered User" means a person who has successfully completed the registration form and has obtained a user Identification ("ID") and associated password ("Password") on one of the CBSI network of Websites which currently includes CBSSports.com and/or SportsLine.com
If you are not a Registered User you may become a Registered User and obtain an ID and a Password by completing the CBSSports.com registration form. There is no fee or charge to you to become a Registered User.
Employees of CBSI and CBS Broadcasting Inc. (collectively the "Challenge Entities") and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and members of the immediate family or household of each are not eligible to win. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Challenge Entities. Void where prohibited by law. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a Prize.
Registered Users can sign up any time, during the Challenge Period, by visiting the CBSSports.com Challenge page accessible at http://www.cbssports.com/fantasy/football/games/game-pickem (the "CBSi Site") and follow the on screen instructions in order to enter. The Challenge is divided into seventeen (17) separate weekly entry periods (each a "Weekly Entry Period(s)"). To enter the Challenge participant will have to provide their personal information and their pick of the NFL team(s) they predict will win their applicable NFL game match-up, as listed for the applicable Weekly Entry Period (the "Weekly Entry(ies)"). Participants may participate in how many Weekly Entry Periods as they want, however, participants may only enter once during a Weekly Entry Period.
The Challenge will run for 17 weeks of the NFL season. For each Weekly Entry Period, the Administrator will list all the scheduled NFL games on the CBSi Site. You must pick the team that you predict will win each game, along with a predicted final score for the Monday Night Football game. This predicted final score will be used as a Weekly Entry Period tie breaker (as explained below), if applicable. You do not need to participate in all 17 Weekly Entry Periods, however, for each Weekly Entry Period that you decide to participate in; you must make picks for every game that is listed as available at the time you enter to submit your Weekly Entry in the Challenge. For the purpose of clarity, if you enter the Challenge on a Friday, you must select a possible winning team from all games left to be played during the applicable Weekly Entry period starting on that Friday and ending with the Monday Night Football game.
Limit one Weekly Entry per person per Weekly Entry Period. Limit of 17 Weekly Entries per person for the duration of the Challenge Period.
Participants will receive one point for each correct selection. The total number of correct selections in a given Weekly Entry Period will be the participant's score for such Weekly Entry Period. The total number of correct selections for the duration of the Challenge will be the participant's total overall score.
You may sign up to play in the Challenge at any point during the NFL season up to no later than five minutes prior to the first kickoff of the last game of week 17 of the NFL Season. The deadline for each participant to submit its Weekly Entry for the applicable Weekly Entry Period is five minutes before the start of the last scheduled NFL game for any given Weekly Entry period. Weekly Entry Periods start at 12:00 pm Eastern Time on Tuesdays and ends at the later of 11:59pm ET or the conclusion of the Monday Night Football game. It is a good idea to check the NFL schedule to make sure you know when games begin each week and get your picks in before the deadline.
The eligible participant who predicts the most games correctly over the entire season will be declared the Grand Prize Winner (the "Grand Prize Winner") and will receive the one (1) grand prize ("Grand Prize") to be awarded in accordance with these Official Rules. The Grand Prize consists of Three Thousand Three Hundred Dollars (US$3,300.00), to be awarded in the form of a check and/or any other means Administrator deems fair and appropriate in Administrators sole discretion.
If more than one eligible participant is tied for the most correct picks for the entire season, the participant whose predictions of total combined score for each of the Monday Night Football games (the same to be used in the event of weekly tiebreaker(s)), will be tallied and the combined score that is the closest to the actual final total combined score for the Monday Night Football games will win the Grand Prize. This will be determined by adding up the actual points scored in all Monday Night tiebreaker games and determining which tied participant's total tiebreaker predictions was closest to that overall number.
If there is still a tie, the participant who correctly predicts the most games in a Weekly Entry Period, starting from Week 17 and moving back through the prior Weekly Entry Period(s) as needed, will determine the winner. If a tie remains, Grand Prize will be split amongst tied participants.
The eligible participant who predicts the most games correctly in a single Weekly Entry Period will be declared the Weekly Prize Winner ( "Weekly Prize Winner(s)") of such applicable Weekly Entry period, and will receive the weekly prize ("Weekly Prize(s)"). Seventeen Weekly Prizes will be awarded in accordance with this Official Rules. Each Weekly Prize consists of one (1) One Hundred US Dollars (US$100.00), to be awarded in the form of a check and/or any other means Administrator deems fair and appropriate in Administrators sole discretion.
If more than one eligible participant is tied for the most correct picks in any one Weekly Entry Period, the participant whose prediction of the total combined points in the Monday Night Football game is closest to the actual final total combined score for the Monday Night Football game will win the Weekly Prize. If there is still a tie, the participant whose prediction of the total combined points in the Monday Night Football game is closest to the actual final total combined score for the Monday Night Football game, without going over such combined score will win the Weekly Prize. If there is still a tie, the Weekly Prize will be awarded to the eligible participant who first submitted their picks in that given week. If tie remains, prize will be split amongst tied participants.
The Grand Prize and the Weekly Prize are herein collectively referred to as the "Prize(s)."
Please note: Such Affidavit must be received by CBSI with their current Gov. ID no later than January 31, 2017.
In the event Winner is deemed ineligible and/or does not claim their Prize by dates specified herein, an alternate Winner will be selected in accordance with these Official Rules. Only one attempt for a new alternate will be conducted. If attempts fail, Prize will be forfeited and Prize will not be awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of CBSI, which are final and binding on all matters pertaining to the Challenge.
Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Challenge Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to CBSI's use of their names and likeness for advertising and publicity purposes, without additional compensation, unless prohibited by law.
All federal, state, local, and provincial laws and regulations apply.
CBSI is not responsible for lost, late or misdirected on-line entries or transactions, for incorrect, inaccurate or incomplete Entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. CBSI reserves the right to halt or modify the Challenge at any time during the Challenge Period if events beyond their control compromise the Challenge fairness or integrity. In the event that a scheduled NFL game and/or NFL game week is canceled or preempted for any reason, no points or Prizes will be awarded for that week and/or for picks of the affected NFL teams.
CBSI is not responsible for typographical or other human or technical errors in the offer or administration of this Challenge, including but not limited to errors in advertising, the Official Rules, the selection and announcement of a Winner or the distribution of a Prize.
CBSI, in its sole discretion, may disqualify any entrant from participating in the Challenge, refuse to award points or a Prize, and require the return of a Prize, if entrant engages in any conduct CBSI deems to be improper, unfair or otherwise adverse to the operation of the Challenge or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Challenge registration or Prize claim, violating any term or condition stated herein, accumulating points or a Prize through methods such as automated computer scripts or other programming techniques, allowing others to use the entrant's personal information for the purpose of accumulating points or a Prize, tampering with CBSI's administration of this promotion, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. Entrant further acknowledges that the forfeiture of a Prize and/or return of a Prize shall in no way prevent CBSI from pursuing other avenues of recourse such as criminal or civil proceedings in connection with such conduct.
CBSI reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Challenge. This Challenge is not affiliated with or endorsed by the NFL or any NFL team. This is a skill game designed to entertain and increase consumer awareness of, and interest in CBSSports.com.
This Challenge may not be used for any form of gambling, betting or wagering.
For the name of the Winners send a self addressed stamped envelope for receipt by February 28, 2017 to "Winners list: CBSSports.com Game Pick 'em Contest," c/o CBS Interactive Inc., 1401 W. Cypress Creek Rd., Suite 200, Fort Lauderdale, FL 33309.
For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: CBSSports.com Game Pick 'em Contest," for receipt by January 4, 2017. Residents from VT may omit postage on the self addressed envelope.
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of CBSI which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Challenge, CBSI reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge. In such event, CBSI further reserves the right to award a Prize to the participant with the highest total weekly and overall score (tie breakers apply) from all eligible participants in the Challenge as of termination date.
CBSI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. CBSI is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Challenge.
Lost or Corrupted Entries
The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage due entries or mail if applicable; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Challenge Entities, and their parents, affiliated and subsidiary companies, advertising and promotion agencies, are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Challenge, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Challenge.
Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Challenge or downloading materials from this Challenge.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CBSI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute, entries made by Internet 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 who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.
In the event that the Challenge is challenged by any legal or regulatory authority, CBSI reserves the right to discontinue or modify the Challenge, or to disqualify participants residing in the affected geographic areas. In such event, CBSI shall have no liability to any participants who are disqualified due to such an action.
The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Challenge; (b) in any related advertising or promotions of this Challenge; and/or (c) in these Official Rules including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Winners or the distribution of the Prizes. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Challenge.
Winners and Prizes
The Challenge Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Challenge.
Release and Indemnity
Each entrant in the Challenge, including, without limitation, a Winner, hereby releases and agrees to hold harmless the Challenge Entities and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, participation in this Challenge and participation in any activity related to this Challenge.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CHALLENGE ENTITIES AND/OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES 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 YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CHALLENGE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CHALLENGE. IN NO EVENT SHALL CBSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE SERVICE INCLUDING THE PRIZESARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 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 TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Challenge. Any controversy or claim arising out of or relating to these Official Rules and/or the Challenge shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Francisco.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Challenge, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the California state and federal courts located in the City of San Francisco, and State of California. The parties agree not to raise the defense of forum non conveniens.
Sponsor/Prize Provider/Administrator's Mailing Address
CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309