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The following rules detail the entry and gameplay requirements for the 2025 CBSSports.com Bracket Challenge, as well as the requirements to participate for the prizes for the 2025 CBSSports.com Men's Bracket Challenge (the "Men's Challenge), the 2025 CBSSports.com Women's Bracket Challenge (the "Women's Challenge"), and a combined prize (as defined below) for participation in both the Men's Challenge and the Women's Challenge all as defined herein. Any of the rules sections below that does not specifically detail either game, will apply to both the Men's Challenge and the Women's Challenge games. IMPORTANT NOTICE: THIS PROMOTION IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 5 BELOW. NO PURCHASE OR WIRELESS DEVICE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. THIS PROMOTION IS OPEN TO PERSONS WHO AT THE DATE OF ENTRY IN THE PROMOTION ARE: (A) REGISTERED USERS (DEFINED BELOW); (B) LEGAL RESIDENTS OF THE UNITED STATES OR PUERTO RICO; (C) AT LEAST TWENTY-ONE (21) YEARS OLD; AND (D) HAVE A VALID DRIVER'S LICENSE ISSUED BY YOUR STATE OF RESIDENCE. VOID IN ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
1. Introduction 2025 CBSSports.com Bracket Challenge Welcome to the 2025 CBSSports.com Bracket Challenge (the "Promotion"), which is a competition based on results of the 2025 NCAA® Division I Men's College Basketball Tournament and the 2025 NCAA® Division I Women's College Basketball Tournament (each, a "Tournament" and together the "Tournament(s)"), accessible on the Internet via the CBSI (as defined below) website found at www.cbssports.com (the "CBS Sports Service"). On March 16, 2025, the Tournaments' selection committee will seed the qualifying college basketball teams that will participate in both the Men's and Women's Tournaments. Participants will attempt to select/pick the winning team for each of the games of the Tournaments presented on the CBS Sports Service in the form of a bracket (the "Bracket(s)"). Participants will earn points for each winning team correctly picked through their Brackets. The number of points awarded for each correct pick of a winning team during the Tournament(s) will increase with each round of such Tournament. The exact number of points and how they are awarded in this Promotion is set forth in the 'Making Picks' section below. A total of three (3) Prizes (as defined below) shall be awarded during the Promotion, one (1) prize is to be awarded to a Participant chosen from Participants who enter the Men's Challenge (in accordance with the terms herein), one (1) prize is to be awarded to a Participant chosen from Participants who enter the Women's Challenge (in accordance with the terms herein), and one (1) combined prize to be awarded to a Participant chosen from Participants who entered both the Men's Challenge and the Women's Challenge. The Prize(s) in connection with the Men's Challenge and the Women's Challenge will be awarded to a randomly selected Participant who is among the top ten percent (10%) of point scorers in each of their respective Challenges (Men's & Women's), as described in Section 3 of these official rules ("Official Rules"). The combined Prize will be awarded to a randomly selected Participant from amongst all Participants who entered both the Men's Challenge and the Women's Challenge. The Promotion allows for early sign-up to begin on or about Tuesday February 18, 2025. Notwithstanding the aforementioned, the game participation part of the Promotion will commence on March 16, 2025, or when Brackets are made available via the CBSSports.com website. The Women's Bracket Challenge final game is scheduled for April 6, 2025, while the Men's is scheduled for April 7, 2025. The Promotion commences on March 16, 2025 and ends on the earliest of April 7, 2025 (or the end of the final game of the applicable Tournament(s) (the "Promotion Period"). Eligibility This Promotion) is open to persons who as of the date of entry in this Promotion: (a) are Registered Users; (b) are legal residents of the United States or Puerto Rico (c) are at least 21 years old; and (d) have a valid driver's license issued by your state of residence. Void in all other U.S. Territories and Possessions and where prohibited by law. In order to be eligible for the Combined Grand Prize (as defined below), as detailed in section 3, the eligible participant must enter both the Men's Challenge and the Women's Challenge games. 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, SportsLine.com, 247Sports.com and StarTrek.com. If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the registration form on the CBS Sports Service found here. There is no fee or charge for you to become a Registered User. Employees of CBS Interactive Inc. ("CBSI"), the National Collegiate Athletic Association ("NCAA"), CBS Broadcasting Inc., Paramount Global, Nissan North America Inc., TBWA Worldwide, Inc. and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively, the "Promotion Entities") and members of the immediate family or household of each are not eligible to win. Immediate family member or household is defined as a parent, sibling, child or spouse, or any person residing in the same household as an employee of the Promotion Entities. Such excluded employees and/or family members may play but will not be eligible to be awarded and/or receive a Prize (as defined below). 2. Playing Signing Up Registered Users can sign up for the Promotion commencing on February 18, 2025, but no later than the start of the first round of the Tournaments, on March 20, 2025, for the Men's Challenge and March 21st for the Women's Challenge, by visiting the CBS Sports Service. To sign up for the Men's Challenge users must go to https://picks.cbssports.com/college-basketball/ncaa-tournament/bracket and/or for the Women's Challenge go to https://picks.cbssports.com/college-basketball/ncaaw-tournament/bracket. From there, you must follow the onscreen instructions (the "Onscreen Instructions") to fill in their Bracket(s) in order to enter the Promotion and become a participant ("Participant(s)"). Onscreen Instructions are hereby incorporated by this reference to these Official Rules. Due to any unforeseen circumstances, including, without limitation, any game(s) cancellation or delay(s), the absence of game(s) statistics, a pandemic (e.g. Covid-19) and/or any other circumstances beyond CBSi's control, CBSI may in its sole discretion make material changes to this Promotion, including, without limitation, canceling the Promotion and/or concluding the Promotion early. If such changes are made, they will be noted in these Official Rules. For purpose of clarity, to become a Participant you must submit a qualifying entry. A qualifying entry is defined as an entry submitted by a Registered User that includes a name for the Bracket, the Bracket picks and has been saved into the system by clicking on the save button on the Bracket page. Selection Deadline Administrator will fill in the Brackets with the names of the teams participating in the Tournament(s), on March 16, 2025, and post the Brackets on-line on the Promotion related pages on the CBS Sports Service. Participants must register to the website, signup into the Promotion, fill in their Bracket with their picks and submit such eligible Bracket(s) no later than 12:00 ET on March 20, 2025 for the Men's Challenge and/or 11:30am ET on March 21, 2025 for the Women's Challenge. The Administrator may send a reminder e-mail(s) at any time from March 16-21, 2025 to Participants who have signed up early for either or both Challenges but haven't yet submitted picks. Making Picks After you sign up and the teams/matchups have been announced, you will have access to the online Bracket page listing 60 of the 68 eligible Men's Challenge and/or Women's Challenge teams that will participate in the Tournament(s) and their round one match-ups. Note: The 61st through 64th teams will be determined by the first four (4) games of the Tournament, played on March 18-19, 2025 for the Men's Tournament and March 19-20 for the Women's Tournament. Those play-in games will not be counted in the Promotion. Prior to completion of those games, the 61st through 64th teams will be listed on our brackets page as "Team 1/Team 2", and Participants are free to pick "Team 1/Team 2" in the first round, if they want to submit picks before such games are completed. The Administrator, at its sole discretion, will make the bracket available on the CBSI Site once teams and seeds are determined. In order to participate in the Challenge(s), participants must: (i) go to the CBSI Site; (ii) pick the team(s) they predict will win their opening round matchup of each Tournament game and subsequent matchups based on your previous selections all the way through the championship game; (iii) login to their CBSSports.com account (or create an account if you do not have one); (iv) create a Bracket (entry) name; PLEASE NOTE: Every time you make a change to your picks you will need to click the "submit button" to save your changes. Participants may create up to six (6) brackets total for the Promotion; up to three (3) for the Men's Challenge and up to three (3) for the Women's Challenge. In order to qualify for the Combined Grand Prize, participants must enter both Challenges using the same User ID. Participants must enter their projected winning teams for all of the 63 remaining games of the Tournament, at the time of submitting the Bracket, in either Men's and/or the Women's Challenge, round by round, beginning with the first round. The Administrator will weigh predictions for each successive round more heavily than the previous round, in accordance with the table below. Points will be awarded by multiplying your number of correct predictions of winning teams in each round of a Challenge, by the weight assigned to each applicable round. For example, you would receive five (5) points for five correct predictions of winning teams in the first round, and ten (10) points for five correct predictions of winning teams in the second round. You will receive an individual score for each of the six rounds of each Challenge (rounds 1 to 6) and an overall score, which is the combined total of your individual round's scores.
3. Grand Prize Men's Bracket Challenge Grand Prize The Men's Bracket Challenge Grand Prize (the "Men's Bracket Challenge Grand Prize") for the Men's Challenge will consist of four (4) tickets* to the Final Four® games of the 2026 NCAA® Division I Men's College Basketball Tournament*, which include entry into the Semi-Finals and Final games Approximate Retail Value ("ARV") of Four Thousand Dollars (US $4,000.00), and Six Thousand Dollars (US$6,000.00) in cash toward hotel accommodations and transportation to the 2026 tournament host city. Money portion of the Men's Bracket Challenge Grand Prize is to be awarded in the form of a check or as otherwise decided by CBSI in its sole discretion. Approximate Retail Value ("ARV") of the Men's Bracket Challenge Grand Prize is Ten Thousand Dollars (US $10,000.00). The Grand Prize will be awarded to a randomly selected Participant who is among the top ten percent (10%) of point scorers in the Men's Challenge subject to verification of eligibility and compliance with the Official Rules (the "Men's Bracket Challenge Grand Prize Winner"). Women's Bracket Challenge Grand Prize The Women's Bracket Challenge Grand Prize ("Women's Bracket Challenge Grand Prize") for the Women's Challenge will consist of four (4) tickets* to the Final Four® games of the 2026 NCAA® Division I Women's College Basketball Tournament*, which include entry into the Semi-Finals and Final games Approximate Retail Value ("ARV") of Four Thousand Dollars (US $4,000.00), and Six Thousand Dollars (US$6,000.00) in cash toward hotel accommodations and transportation to the 2026 tournament host city. Money portion of the Women's Bracket Challenge Grand Prize is to be awarded in the form of a check or as otherwise decided by CBSI in its sole discretion. The ARV of the Women's Bracket Challenge Grand Prize is Ten Thousand Dollars (US$10,000.00). The Women's Bracket Challenge Grand Prize will be awarded to a randomly selected Participant who is among the top ten percent (10%) of point scorers in the Women's Challenge subject to verification of eligibility and compliance with these Official Rules (the "Women's Bracket Challenge Grand Prize Winner"). Prize notification will include instructions on how to claim the Prize. Potential Winners will be required to complete an emailed CBSI Affidavit of Eligibility and Publicity Release (the "Affidavit") as well as w-9 except where prohibited by law. Submitting such Affidavit will require each potential Prize winner ("Potential Winner") to provide their social security/issuance number and a copy of their valid (non-expired) driver's license or other government-issued identification (passports are not acceptable) that includes the Potential Prize Winner's address. *Tickets Winner and guest(s) are responsible for all travel arrangements and hotel accommodations, including but not limited to ground transportation, airline tickets and hotel accommodations. Should any of the Semi-Finals and/or the Final games be canceled, postponed or in any way abbreviated, the Promotion Entities shall have no liability or further obligation to the winner other than to supply the travel cash as described, minus the 2026 Final Four® tickets. Tickets are subject to terms and conditions as specified by the NCAA®. Seat locations will be determined by the Administrator. The Promotion Entities, and/or any other relevant party, reserve the right to remove or to deny entry to the Winner and/or guest(s) who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game. The terms and conditions of the tickets awarded as part of the Prize(s) will govern in the event any Final Four® games are not played due to weather, an act of God, a threat or act of terrorism, civil disturbance or any other reason. Cash cannot be substituted for the tickets, unless otherwise agreed to by the Administrator. Unused or lost or stolen tickets cannot be refunded, replaced, exchanged for cash or applied towards tickets for any subsequent years. No responsibility is assumed by the Promotion Entities for any canceled, rescheduled, delayed or postponed game in whole or in part. Meals, gratuities and all other costs and expenses not specified herein, including taxes, if any, are the responsibility of each Winner. All Prize details are at the sole discretion of the Administrator. CBS Sports Men's Bracket Challenge and CBS Sports Women's Bracket Challenge Combined Grand Prize Participants that that enter both the Men's Challenge and the Women's Bracket Challenge game and meet all eligibility requirements will be entered into a random drawing to win the combined grand prize ("Combined Grand Prize") which consists of one (1) 2025 Nissan Armada®* Hero Pro4x (ARV $75,750), along with the following additional upgrades and features, Premium Paint option (one of Premium Paint (ARV $425), Two Tone Paint ARV ($595), OR Two Tone with Premium Paint (ARV $990), Spare Tire Package (ARV $1,356), and Delivery and Handling (ARV $1,390), and which will also include a corporate check solely to be used to offset the taxes, fees or other costs associated with the delivery and initial ownership of the vehicle prize to the Winner, in an amount not to exceed $20,000, dependent upon actual taxes, fees and costs, with a combined total Combined Grand Prize ARV of Ninety Nine Thousand Four Hundred Eighty Six Dollars ($99,486.00). Prize Restrictions: *Vehicle Restrictions: Combined Grand Prize winner (the "Combined Grand Prize Winner") is solely responsible for registration, title and license fees, insurance, and all other costs, expenses, and applicable laws associated with vehicle registration and all associated laws herewith. Grand Prize Winner must have a valid driver's license, the ability to acquire auto insurance and meet all eligibility requirements in these Official Rules. Combined Grand Prize Winner will be issued an IRS 1099 tax form for the actual value of his/her Grand Prize. All options and upgrades on vehicle are the sole responsibility of Combined Grand Prize Winner. Combined Grand Prize Winner must pick up his/her vehicle at a dealership near his/her residence, as determined by Sponsor or its agents in their sole discretion. Once Combined Grand Prize Winner has been notified that vehicle is at the dealership, he or she must pick up vehicle within thirty (30) days of the date of such notification. Sponsor reserves the right to extend the delivery date of vehicle by up to six (6) months from the date of notification to the Combined Grand Prize Winner. Vehicle will only be released upon proof of valid driver's license currently in force and satisfactory proof of insurance. Accessories and options may vary: interior/exterior color (subject to availability). Accessories are subject to change without notice. Promotion Entities reserve the right to change product specifications at any time without incurring any obligations. Combined Grand Prize winner is not eligible for any cash back, incentives or rebates which may be available on the vehicle at time of delivery. All other costs and expenses not specified herein, if any, are the responsibility of the Grand Prize Winner. All prize details are at the sole discretion of the Promotion Entities. The Prize value is an approximation. Any difference between the approximate value and the actual cost of the vehicle, if lower, will not be awarded. The vehicle MSRP may exceed Seventy Five Thousand Seven Hundred and Fifty Dollars (US$75,750.00), depending on the state of residence of the winner and/or delivery cost. Men's Bracket Challenge Grand Prize, Women's Bracket Challenge Grand Prize, the Combined Grand Prize, collectively, the "Prizes". Prize(s) are nontransferable. All income and other taxes are the sole responsibility of the Winners (as defined below). No assignment, transfer, conversion to cash or cash redemption or substitution of any Prize or any portion of the Prize is permitted, except Sponsor reserves the right to substitute the Prize or any of its components with a prize of comparable or greater value should the Prize or any of its components become unavailable or for any other reason needs to be exchanged. Prize is solely for personal use and may not be used in conjunction with any other promotion. All Prize details are at the sole discretion of the Promotion Entities. The total ARV of all Prizes to be awarded is One-Hundred Nineteen Thousand Four Hundred Eighty Six Dollars (US$119,486.00). Limit of one Prize per person for each of the Men's Challenge and the Women's Challenge. For the purpose of clarity, a Winner of the Men's Challenge will not be eligible to win the Prize of Women's Challenge; however, such Winner(s) will be eligible to win the Combined Grand Prize. Drawing/Odds/Winner Notification The Winner of the Men's Bracket Challenge Grand Prize and the Women's Bracket Challenge Grand Prize will be chosen at random by Administrator from among the top ten percent (10%) of scorers from all eligible Participants in each respective Bracket Challenge based on overall point score. Each Prize drawing will be held on or around Friday, April 11, 2025. The Combined Grand Prize drawing will be held on or around Friday, April 11, 2025. The Combined Grand Prize Winner will be chosen at random by Administrator from among all eligible participants that entered both the Men's Challenge and the Women's Challenge under the same User ID/Email address. The Men's Bracket Challenge Grand Prize winner, the Women's Bracket Challenge Grand Prize winner, and the Combined Grand Prize Winner, collectively, the "Winners". Odds of winning a Prize in the CBS Sports Men's and Women's Bracket Challenge depends on the number of eligible Participants and their Bracket scores based on the outcome of each Tournament. Potential Winners will be notified by phone and/or by email to the number or address provided on the registration form on or around April 11, 2025. Odds of winning the Combined Grand Prize depend on the number of eligible Participants that qualify for the combined Challenge Grand Prize. Potential Winner will be notified by phone and/or by email on or around April 11, 2025. If a Potential Winner cannot be contacted within five (5) calendar days of first notification attempt, or if Prize notification is returned as undeliverable, or if a Potential Winner declines/rejects his/her Prize, or in the event of non-compliance with these Official Rules and its requirements, such Prize will be forfeited, and an alternate Winner will be selected from all remaining entries from eligible Participants in the top ten percent (10%) of scorers of the Men's Challenge and/or Women's Challenge, as applicable. For the combined drawing the same rules apply, however the alternate will be selected from the remaining eligible participants that submitted an entry in both challenges. The Administrator will select up to two (2) alternate Winners per Prize. If no contact has been made with the alternates after a reasonable effort has been made during three (3) business days from the first notification attempt to the last alternate, such Prize shall not be awarded. 4. Legal Disclaimers General Conditions By entering, each Participant accepts and agrees to be bound by these Official Rules and by the decisions of Administrator, which shall be final and binding in all respects. Furthermore, each Participant also acknowledges and agrees to the Paramount Terms of Use and Privacy Policy, incorporated herein by reference. Taxes, if any, are the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by Administrator. Administrator reserves the right to substitute a Prize or portions of a Prize for one of equal or greater value in the event that an advertised Prize is unavailable. Potential Winner(s) will be required to sign and return, within ten (10) days of issuance, the Affidavit of Eligibility and Publicity/Liability Release, except where prohibited by law. Failure to return such documents within the specified time period and noncompliance with these Official Rules by Potential Winner(s) will be reasons for disqualification, and an alternate Winner shall be selected via random drawing in accordance with these Official Rules (as applicable). Except where prohibited by law, the Winner's acceptance of a Prize constitutes permission for the Promotion Entities to use Winner's name, photograph, likeness, statements, biographical information, voice and address (city and state) worldwide and in all forms of media, now known or later developed in perpetuity, without further compensation. Additionally, Participants agree to Promotion Entities' use of their names and likeness for advertising and publicity purposes, in any media now known or later developed in perpetuity, without additional compensation, unless prohibited by law. This Promotion is governed by and subject to all applicable Laws and regulations (federal, state and local) from where this Promotion is open to. Promotion Entities are not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information, whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions. CBSI reserves the right to halt or modify the Promotion at any time during the Promotion Period, if events beyond their control compromise the Promotion fairness or integrity. In the event that a scheduled game is canceled or preempted for any reason, no points will be awarded for the affected NCAA® teams. If a team is forced to forfeit a matchup resulting in another team advancing, points may still be awarded for the winning team. The Promotion Entities are not responsible for typographical, human, technical or other errors in the offer or administration of this Promotion, including but not limited to errors in advertising, the Official Rules, the selection and announcement of a Winner or the distribution of the Prizes. CBSI, in its sole discretion, may disqualify any Participant from participating in the Promotion, refuse to award points or a Prize, and/or require the return of a Prize or part of a Prize, if Participant engages in any conduct CBSI deems in its sole discretion to be improper, unfair or otherwise adverse to the operation of the Promotion or detrimental to other Participants. Such improper conduct includes, but is not limited to, falsifying personal information required during Promotion registration or Prize claim, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the Participant's personal information for the purpose of accumulating points, 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 the CBS Sports Service. Participant 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. This Promotion is not affiliated with or endorsed by the NCAA® or any NCAA® team. This is a game designed to increase consumer awareness of and interest in the CBS Sports Service. This Promotion may not be used for any form of gambling. Rules/Winner Information For the name of the Winners, send a self-addressed, stamped envelope for receipt by April 25, 2025 to "Winner's list: 2025 CBSSports.com Bracket Challenge," 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: 2025 CBSSports.com Bracket Challenge," for receipt by April 25, 2025. Residents from VT may omit postage on the self-addressed envelope. Internet 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 Promotion, 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 Promotion. In such event, CBSI further reserves the right to select the Winner(s) from all eligible entries received prior to and/or after (if appropriate) the action taken by CBSI. The Promotion Entities assume 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. The Promotion Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail entry or transaction to be received due to technical problems or traffic congestion on the Internet or 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 Promotion. Lost or Corrupted Entries The Promotion 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 Promotion Entities and their parents, affiliated and subsidiary companies, and 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 Promotion, and assume 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 Promotion. Damaged Property The Promotion 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 Participants or to any other person's computer or property related to (or resulting from) participating in this Promotion or downloading materials from this Promotion. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME 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, online 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 valid User ID will be disqualified. In the event that the Promotion is challenged by any legal or regulatory authority, CBSI reserves the right to discontinue or modify the Promotion, or to disqualify Participants residing in the affected geographic areas. In such event, the Promotion Entities shall have no liability to any Participants who are disqualified due to such an action. Promotion Errors The Promotion 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 Promotion; (b) in any related advertising or promotions of this Promotion; and/or (c) in these Official Rules, including but not limited to errors in advertising the Official Rules, the selection and announcement of the Winner or the distribution of a Prize. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for purposes of correcting or clarifying any such ambiguity or error(s). Winner(s) and Prize(s) The Promotion 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 Prize(s), the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any Participant's or third person's property related to or resulting from any part of a Prize or any part of this Promotion. Release and Indemnity Each Participant in the Promotion, including, without limitation, the Winner(s), hereby releases and agrees to hold harmless the Promotion 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 a 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 Promotion and participation in any activity related to this Promotion. Limitation of Liability and Disclaimer of Warranties In no event will the Promotion 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 CBS Sports Service and/or the Promotion, downloading from and/or printing material downloaded from the CBS Sports Service and/or the Promotion. In no event shall the Promotion Entities' total liability to you for all damages, losses, or causes of action exceed $100. Without limiting the foregoing, everything on the Promotion and the CBS Sports Service, including the Prizes are provided "as is" without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, and 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. 5. Dispute Resolution; Arbitration Agreement IF YOU OR WE HAVE ANY DISPUTE WITH OR CLAIM AGAINST THE OTHER (A "CLAIM") ARISING OUT OF OR RELATING IN ANY WAY TO THE PROMOTION, AND THE CLAIM IS NOT RESOLVED BY CALLING OUR CUSTOMER SERVICE DEPARTMENT AT (888) 274-5343 AND BY FOLLOWING THE INFORMAL DISPUTE RESOLUTION PROCEDURE SET FORTH BELOW, YOU AND WE EACH AGREE TO RESOLVE SUCH DISPUTES THROUGH AN INDIVIDUAL BINDING ARBITRATION OR AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT. Class arbitrations and class actions are not permitted, and a Claim may not be consolidated with any other person's claim. You and we agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You and we agree that any arbitrations between you and us will be subject to this Section 5 and not to any prior arbitration agreement you had with us. This Section 5 shall survive termination of the Promotion. 5.1 Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. Before a party commences an arbitration or files a small claims court action with respect to a Claim, the party must first send to the other a written notice of dispute ("Notice"). A Notice from you to us must (1) be sent by certified mail; (2) be addressed to: CBS Interactive Inc., 680 Folsom Street, San Francisco, CA 94107, Attn: Legal Department (the "Notice Address"); (3) contain your name, address, and email address; (4) describe the nature and basis of your Claim; (5) if you are submitting the Notice, include any relevant facts regarding your use of the CBSI Platforms, including without limitation whether you have created an account; (6) specify the nature and basis of the specific relief sought, including the damages sought, if any, and a detailed calculation of them; and (7) include a personally signed statement from you (and not your counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person's dispute. After receipt of a completed Notice, the parties shall engage in a good faith effort to resolve the dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will personally attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. If we and you do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or we may commence an arbitration proceeding or a small claims court proceeding (if permitted by small claims court rules). Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this Section 5.1. All of the requirements of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure are essential so that you and we have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the arbitration administrator may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure. If the arbitration is already pending prior to the completion of the Mandatory Pre-Arbitration Notice and Information Dispute Resolution Procedure, the arbitration shall be administratively closed. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure in arbitration. 5.2 Arbitration Procedure. Any such arbitration shall be governed by applicable rules of National Arbitration & Mediation ("NAM") (including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable) ("NAM Rules"), as modified by this Section 5 (the "Arbitration Agreement"), and will be administered by NAM. (If NAM is unavailable or unwilling to do so, another arbitration provider shall be selected by the parties that will do so, or if the parties are unable to agree on an alternative administrator, by the court pursuant to 9 U.S.C. ยง5.) The NAM Rules are available online at www.NAMADR.com, by calling NAM, or by requesting them in writing at the Notice Address. You may obtain a form to initiate arbitration at: https://www.namadr.com/content/uploads/2020/09/Comprehensive-Demand-for-Arb-revised-9.18.19.pdf or by contacting NAM. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedure requirements referenced in Section 5.1 and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). All issues, including the scope and enforceability of this Arbitration Agreement, are for the arbitrator to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator's decision is binding only between you and us and will not have any preclusive effect in another arbitration or proceeding that involves a different party. An arbitrator's award that has been fully satisfied shall not be entered in any court. As in court, you and we agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b), including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel. Except as expressly provided in this Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys' fees and costs, in accordance with applicable law. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law. In circumstances in which the NAM Rules provide for an in-person hearing, such hearing will take place in the U.S. county (or parish) of your residence, or otherwise in New York, New York. If the Mass Filing process described in Section 5.7 is triggered, then the location of any hearing will be determined by the arbitrator. 5.3 Discovery During Arbitration. The parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances, including the amount in controversy, the complexity of the factual issues, the number of parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery. Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The Arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above. Electronic discovery, if any, shall be limited as follows. Absent a showing of compelling need: (i) electronic documents shall only be produced from sources used in the ordinary course of business, and not from backup servers, tapes or other media; (ii) the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format that is usable by the requesting party and convenient and economical for the producing party; (iii) the parties need not produce metadata, with the exception of header fields for email correspondence; (iv) the description of custodians from whom electronic documents may be collected should be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute; and (v) where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator may either deny such requests or order disclosure on the condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award. 5.4 Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law. 5.5 Offer of Settlement. In any arbitration between you and us, the defending party may, but is not obligated to, make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the arbitrator until after the arbitrator issues an award on the claim. If the award is issued in the other party's favor and is less than the defending party's settlement offer or if the award is in the defending party's favor, the other party must pay the defending party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the party bringing the claim may be entitled for the cause of action under which it is suing. 5.6 Mass Filing. If, at any time, 25 or more claimants (including you) submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities, consistent with the definition and criteria of Mass Filings ("Mass Filing") set forth in NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures ("NAM's Mass Filing Rules," available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that the additional procedures set forth below shall apply. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Filing. The parties acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of their dispute might be delayed. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are initiated, so long as the pre-arbitration Notice complies with the requirements in Section 5.1, until your Claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration. Stage One: Counsel for the claimants and counsel for CBSI shall each select 25 claims per side (50 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and CBSI shall pay the mediator's fee. Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for CBSI shall each select 50 claims per side (100 claims total) to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agreed to in writing. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the parties shall promptly engage in a global mediation session of all remaining claims with a retired federal or state court judge and CBSI shall pay the mediator's fee. Stage Three: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for CBSI shall each select 100 claims per side (200 claims total) to be filed and to proceed in individual arbitrations as part of a third staged process, subject to any procedural changes the parties agreed to in writing. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Following this third set of staged proceedings, counsel for claimants may elect to have the parties participate in a global mediation session of all remaining claims with a retired federal or state court judge. If your claim is not resolved as part of the staged process identified above, either: Option One: You and CBSI may separately or by agreement, opt out of arbitration and elect to have your claim heard in court consistent with these Terms. You may opt out of arbitration by sending CBSI your individual, personally signed notice of your intention to opt out by certified mail addressed to CBS Interactive Inc., 680 Folsom Street, San Francisco, CA 94107, Attn: Legal Department. Such an opt out notice must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement, personally signed by you, that you wish to opt out of arbitration within 30 days after the conclusion of Stage 3 or the elective mediation associated with Stage 3. CBSI may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within 14 days after the expiration of your 30-day opt out period. Counsel for the parties may agree to adjust these deadlines. OR Option Two: If neither you nor CBSI elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved as part of continuing, staged individual arbitration proceedings as set forth below. Assuming the number of remaining claims exceeds 200, then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of 200 claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and with NAM (including through a Procedural Arbitrator, as that term is used in the NAM Rules) to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims. A court of competent jurisdiction shall have the authority to enforce these Mass Filing provisions and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with these Terms. You and CBSI agree that we each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and CBSI acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. The parties further agree that application of these Mass Filing procedures have been reasonably designed to result in an efficient and fair adjudication of such cases. 5.7 Severability. If any portion of this Arbitration Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The other portions of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. 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 NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND 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 Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of New York state and federal courts located in the County of New York and State of New York. The parties agree not to raise the defense of forum non conveniens. 6. Miscellaneous Trademark Ownership NCAA®, NCAA SWEET SIXTEEN®, ELITE EIGHT®, and FINAL FOUR® are trademarks of the National Collegiate Athletic Association. The NCAA is not a sponsor or administrator of this promotion. Sponsor CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. Prize Provider Nissan North America Inc., One Nissan Way, Franklin, TN 37067 and CBSI. Administrator's Mailing Address CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. | ||||||||||||||||||||||||||||||||||