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IMPORTANT NOTICE: THIS SWEEPSTAKES 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 SWEEPSTAKES IS OPEN TO PERSONS WHO AT THE DATE OF ENTRY IN THE SWEEPSTAKES ARE: (A) REGISTERED USERS (DEFINED BELOW); (B) LEGAL RESIDENTS OF THE UNITED STATES OR PUERTO RICO; (C) AT LEAST TWENTY-ONE (21) YEARS OLD. VOID IN ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
1. Introduction 2026 CBSSports.com Women's Bracket Challenge Welcome to the 2026 CBSSports.com Women's Bracket Challenge (the "Sweepstakes"), which is a competition based on results of the 2026 NCAA® Division I Women's College Basketball Tournament (the "Tournament"), accessible on the Internet via the CBSI (as defined below) website found at www.cbssports.com (the "CBS Sports Service"). On March 15, 2026, the Tournament's selection committee will seed the qualifying college basketball teams that will participate in the Tournament. Participants will attempt to select/pick the winning team for each of the games of the Tournament 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 Bracket. The number of points awarded for each correct pick of a winning team of the Tournament will increase with each round of the Tournament. The exact number of points and how they are awarded in this Sweepstakes is set forth in the 'Making Picks' section below. One Grand Prize (as defined below) will be awarded to a randomly selected Participant who is among the top ten percent (10%) of point scorers in this Sweepstakes, as described in Section 3 of these official rules ("Official Rules"). The Sweepstakes allows for early sign-up to begin on or about Tuesday, February 17, 2026. Notwithstanding the aforementioned, the Sweepstakes will commence on March 15, 2026 and run through the final game of the Tournament, scheduled for April 5, 2026 (the "Sweepstakes Period"). No Cost The Sweepstakes is FREE to play. No purchase, entry fee or wireless device necessary to enter or win. If you are a wireless service subscriber and have a smartphone, tablet and/or other wireless device that allows you to access this Sweepstakes, you may enter the Sweepstakes via any of those devices during the Sweepstakes Period. If you decide to participate via any such wireless device, you may be charged data rates in accordance with the Terms and Conditions of the Service Agreement with your wireless carrier. 2026 CBSSports.com Women's Bracket Challenge is not endorsed, sponsored or administrated by Apple or Google Play. The Administrator CBS Interactive Inc. ("CBSI") will serve as the Administrator of the Sweepstakes and will be solely responsible for resolving any disputes that arise regarding violations of the rules. Eligibility 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 CBSI, the National Collegiate Athletic Association ("NCAA"), CBS Broadcasting Inc.(" CBS"), Paramount Skydance Corporation ("Paramount"), and any Sponsor, (collectively, the "Sweepstakes 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 or household is defined as a parent, sibling, child or spouse, or any person residing in the same household as an employee of the Sweepstakes Entities. Such excluded employees and/or family members may play but will not be eligible to be awarded and/or receive the Grand Prize (as defined below). 2. Playing Signing Up Registered Users can sign up for the Sweepstakes commencing on February 17, 2026, but no later than five (5) minutes prior to the start of the first round of the Tournament, on March 20, 2026, by visiting the CBS Sports Service. Users must go to https://picks.cbssports.com/college-basketball/ncaaw-tournament/bracket and follow the onscreen instructions (the "Onscreen Instructions") to enter the Sweepstakes and fill in their Bracket 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 Challenge, including, without limitation, canceling the Challenge and/or concluding the Challenge early. If such changes are necessary, they will be noted in these Official Rules. Selection Deadline Administrator will fill in the Brackets with the names of the teams participating in the Tournament, on March 15, 2026 and post the Brackets on-line on the Sweepstakes related pages on the CBS Sports Service. Participants must register into the Sweepstakes, fill in their Bracket with their picks and submit no later than 11:30am Eastern Time ("ET") on March 20, 2026. The Administrator may send a reminder e-mail at any time from March 15-20, 2026 to Participants who have signed up early 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 2026 NCAA® Division I Women's College Basketball Tournament teams 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 Wednesday March 18, 2026 and Thursday March 19, 2026. Those games will not be counted in this Sweepstakes. 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 all available each conference bracket on the CBSI Site once the regular season has ended and seeds are determined. In order to participate in the Challenge, 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 created 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 an entry name; PLEASE NOTE: all picks are automatically saved; every time you make a change to your picks you will need to submit those changes. Participants may create up to three (3) brackets total for the Sweepstakes. Participants must enter their projected winning teams of the 63 remaining games of the Tournament, round by round, beginning with the Sweepstakes 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 the Sweepstakes, 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 Sweepstakes rounds (rounds 1 to 6) in the Sweepstakes and an overall score, which is the combined total of your individual round's scores.
3. Grand Prize One (1) grand prize (the "Grand Prize") will be awarded to one (1) randomly selected Participant who is amongst the top ten percent (10%) of eligible point scorers in this Sweepstakes. One Grand Prize winner (the "Prize Winner") will receive four (4) tickets to the Final Four® games of the 2027 NCAA® Division I Women's College Basketball Tournament*, which include entry into the Semifinals and Final games, and Six Thousand Dollars (US $6,000) cash for luxury hotel accommodations, airline tickets (to and from Columbus, OH subject to change) and ground transportation for up to four people. Women's Bracket Challenge cash portion of the 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 Grand Prize is Ten Thousand Dollars (US$10,000.00). Prize notification will include instructions on how to claim the Prize. Potential Winner 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 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. Prize Restrictions *Tickets Should any of the Semi-Finals and/or the Final games portion of the Grand Prize be canceled, postponed or in any way abbreviated, the Sweepstakes Entities shall have no liability or further obligation to the winner other than to supply the travel cash as described, minus the 2027 Final Four® tickets. Tickets are subject to terms and conditions as specified by the NCAA®. Seat locations will be determined by the Administrator. The Sweepstakes Entities, and/or any other relevant party, reserve the right to remove or to deny entry to the Prize 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 Grand Prize will govern, in the event any Final Four® games is 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 included as part of the Grand Prize, unless otherwise agreed to by the Administrator. Unused or lost tickets cannot be refunded, replaced, exchanged for cash or applied towards tickets for any subsequent years. No responsibility is assumed by the Sweepstakes Entities for any cancelled, 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 the Prize Winner. All Grand Prize details are at the sole discretion of the Administrator. Prize winner who has won a Prize of Six Hundred US Dollars (US$600) or more will be issued an IRS Form 1099 in the amount of the actual retail value of the applicable Prize and must submit a completed W9 to Sponsor for that purpose. Drawing/Odds/Winner Notification Grand Prize drawing will be held on or around Tuesday, April 7, 2026. Prize Winner will be chosen at random by Administrator from among the top ten percent (10%) of scorers from all eligible Participants, based on overall point score. Odds of winning the Grand Prize depend on the number of eligible Participants and their Bracket scores based on the outcome of the Tournament. Potential Prize Winner will be notified by phone and/or by email within a reasonable time after Grand Prize drawing, not to exceed thirty (30) days. If Prize Winner cannot be contacted within five (5) calendar days of first notification attempt, or if Grand Prize notification is returned as undeliverable, or if Prize Winner declines/rejects his/her Grand Prize, or in the event of non-compliance with these Official Rules and its requirements, such Grand Prize will be forfeited, and an alternate Prize Winner will be selected from all remaining entries from eligible Participants in the top ten percent (10%) of scorers. Upon Grand Prize forfeiture, no compensation will be given. Administrator will select up to two (2) alternate Prize Winners. If no contact has been made with the alternates after a reasonable effort has been made, the Grand 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 CBS Interactive Inc. Terms of Use and Privacy Policy, incorporated herein by reference. Taxes, if any, are the sole responsibility of the Prize Winner. No substitution or transfer of the Grand Prize is permitted except by Administrator. Administrator reserves the right to substitute the Grand Prize for one of equal or greater value in the event that the advertised Grand Prize is unavailable. Potential Prize Winner will be required to sign and return, within ten (10) days of issuance, the Affidavit of Eligibility and Publicity/Liability Release and W-9, except where prohibited by law. Failure to return such documents within the specified time period and noncompliance with these Official Rules by potential Prize Winner will be reasons for disqualification, and an alternate Prize Winner shall be selected via random drawing in accordance with these Official Rules (as applicable). Except where prohibited by law, the Prize Winner's acceptance of the Grand Prize constitutes permission for the Sweepstakes Entities to use Prize 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 Sweepstakes Entities' use of their names and likeness for advertising and publicity purposes, in any media now known or later developed, without additional compensation, unless prohibited by law. This Sweepstakes is governed by and subject to all applicable Laws and regulations (federal, state and local) from where this Sweepstakes is open to. In the event of conflict, the Laws of the U.S.A. will govern. Sweepstakes 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 Sweepstakes at any time during the Sweepstakes Period, if events beyond their control compromise the Sweepstakes fairness or integrity. In the event that a scheduled game is canceled or preempted for any reason or If a team is forced to forfeit a matchup resulting in another team advancing, points may still be rewarded to for the winning team. The Sweepstakes Entities are not responsible for typographical or other human or technical errors in the offer or administration of this Sweepstakes, including but not limited to errors in advertising, the Official Rules, the selection and announcement of the Prize Winner or the distribution of the Grand Prize. CBSI, in its sole discretion, may disqualify any Participant from participating in the Sweepstakes, refuse to award points or the Grand Prize, and/or require the return of the Grand Prize, if Participant engages in any conduct CBSI deems to be improper, unfair or otherwise adverse to the operation of the Sweepstakes or detrimental to other Participants. Such improper conduct includes, but is not limited to, falsifying personal information required during Sweepstakes registration or Grand 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 Sweepstakes, 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 the Grand Prize and/or return of the Grand 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 Sweepstakes. This Sweepstakes 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 Sweepstakes may not be used for any form of gambling. Rules/Winner Information For the name of the Prize Winner, send a self-addressed, stamped envelope for receipt by April 24, 2026 to "Winner's list: 2026 CBSSports.com Women's 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: 2026 CBSSports.com Women's Bracket Challenge," for receipt by April 24, 2026. 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 Sweepstakes, 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 Sweepstakes. In such event, CBSI further reserves the right to select the Prize Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by CBSI. The Sweepstakes 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 Sweepstakes 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 Sweepstakes. Lost or Corrupted Entries The Sweepstakes 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 Sweepstakes 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 Sweepstakes, 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 Sweepstakes. Damaged Property The Sweepstakes 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 Sweepstakes or downloading materials from this Sweepstakes. 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 Sweepstakes is challenged by any legal or regulatory authority, CBSI reserves the right to discontinue or modify the Sweepstakes, or to disqualify Participants residing in the affected geographic areas. In such event, the Sweepstakes Entities shall have no liability to any Participants who are disqualified due to such an action. Sweepstakes Errors The Sweepstakes 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 Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; 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 the 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 and Prize The Sweepstakes 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, the acceptance/possession and/or use/misuse of any part of the 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 Sweepstakes. Release and Indemnity Each Participant in the Sweepstakes, including, without limitation, the Prize Winner, hereby releases and agrees to hold harmless the Sweepstakes 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 the Grand Prize, participation in this Sweepstakes and participation in any activity related to this Sweepstakes. Limitation of Liability and Disclaimer of Warranties In no event will the Sweepstakes 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 Sweepstakes, downloading from and/or printing material downloaded from the CBS Sports Service and/or the Sweepstakes. In no event shall the Sweepstakes Entities' total liability to you for all damages, losses, or causes of action exceed $100. Without limiting the foregoing, everything on the Sweepstakes and the CBS Sports Service, including the Grand Prize is 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 SWEEPSTAKES, 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 Sweepstakes. 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. §5.) 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 Sweepstakes, 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 Sweepstakes. Sponsor CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. Administrator's Mailing Address CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309. | ||||||||||||||||||||||||||||||||||