The following rules detail the entry and gameplay requirements for the 2023 CBSSports.com Bracket Challenge, as well as the requirements to participate for the prizes for the 2023 CBSSports.com Men's Bracket Challenge (the "Men's Challenge), the 2023 CBSSports.com Women's Bracket Challenge (the "Women's Challenge"), and a combined prize 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.
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 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 AT THE DATE OF ENTRY IN THE PROMOTION; VOID IN ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW. DATA RATES MAY APPLY.
2023 CBSSports.com Bracket Challenge
Welcome to the 2023 CBSSports.com Bracket Challenge (the "Promotion"), which is a competition based on results of the 2023 NCAA® Division I Men's College Basketball Tournament and the 2023 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 12, 2023, 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 of a Tournament 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. 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 Challenges. The Prize(s) tied to the Men's Challenge and the Women's Challenge will be awarded to a randomly selected Participant(s) who are among the top ten percent (10%) of point scorers in each of the 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 Monday February 13, 2023. Notwithstanding the aforementioned, the game participation part of the Promotion will commence on March 12, 2023, or when Brackets are made available via the CBSSports.com website. The Women's Bracket Challenge final game is scheduled for April 2, 2023, while the Men's is scheduled for April 3, 2023. The Promotion commences on March 12, 2023 and ends on the earliest of April 3, 2023 (or the end of the final game of the Tournaments (the "Promotion Period").
IMPORTANT NOTICE: THIS PROMOTION IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
This Promotion (and each of the Men's Challenge and the Women's Challenge) is open to persons who: (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 at the date of entry in this Promotion. 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 and SportsLine.com.
If you are not a Registered User, you may become a Registered User and obtain an ID and a Password by completing the 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 and Nissan North America Inc., (collectively, the "Promotion Entitiesv") 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 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).
Registered Users can sign up for the Promotion commencing on February 13, 2023, but no later than the start of the first round of the Tournaments, on March 16, 2023, for the Men's Challenge and March 17th 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 at 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 necessary, 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 via the save button on the Bracket page.
Administrator will fill in the Brackets with the names of the teams participating in the Tournament, on March 12, 2023, 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 noon ET on March 16, 2023 for the Men's Challenge and/or 11:30am ET on March 17, 2023 for the Women's Challenge. The Administrator may send a reminder e-mail(s) at any time from March 13-17, 2023 to Participants who have signed up early for either or both Challenges but haven't yet submitted 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 14-15, 2023 for the Men's Tournament and March 15-16 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 2024 NCAA® Division I Men's College Basketball Tournament*, which include entry into the Semi-Finals and Final games, and Six Thousand Dollars (US$6,000.00) in cash toward hotel accommodations and transportation to the 2024 tournament city. Money portion of the Men's Bracket Challenge Grand Prize is to be awarded via the CBSSports.com Wallet. Approximate Retail Value ("ARV") of the Men's Bracket Challenge Grand Prize is Eight Thousand Two Hundred Dollars (US$8,200). 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.
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 2024 NCAA® Division I Women's College Basketball Tournament*, which include entry into the Semi-Finals and Final games and Six Thousand Dollars (US$6,000.00) in cash toward hotel accommodations and transportation to the 2024 tournament city. Money portion of the Women's Bracket Challenge Grand Prize is to be awarded via the CBSSports.com Wallet. The ARV of the Women's Bracket Challenge Grand Prize is Eight Thousand Two Hundred Dollars (US$8,200). The 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.
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 2024 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 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) Nissan 2023 ARIYA®* (ARV $60,190.00) filled with Snacks (ARV $500.00). ARV of the Combined Grand Prize is Sixty Thousand Six Hundred Ninety Dollars ($60,690.00).
By entering the Sweepstakes, each Participant acknowledges and agrees that any food-related Prize(s) offered in the Sweepstakes may contain milk, eggs, wheat, soybean, peanuts, and tree nuts. Participants agree that the Sweepstakes Entities will have no liability whatsoever to, and will be released and held harmless by, the Participants for any and all food allergy-related complications that may result from exposure to food-related Prize(s) offered in this Sweepstakes or otherwise ordered through Prize Provider.
*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. 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 Grand Prize Winner. 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 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 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. 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 Sixty-One Thousand One Hundred Ninety Dollars (UUS$61,190.00), 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 Seventy-Seven Thousand and Ninety Dollars (US$77,090.00).
Limit of one Prize per person for both 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.
The Winner of the Men's Bracket Challenge Prize and the Women's Bracket Challenge Prize 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. Each Prize drawing will be held on or around Friday, April 7, 2023.
The Combined Grand Prize drawing will be held on or around Friday, April 7, 2023. The 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, 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/or their Bracket scores based on the outcome of each Tournament. Potential Winner will be notified by phone and/or by email on or around April 7, 2023.
Odds of winning the combined Promotional Prizes of the CBS Sports Men's and Women's Bracket Challenge 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 12, 2023.
If a Winner cannot be contacted within five (5) calendar days of first notification attempt, or if Prize notification is returned as undeliverable, or if a 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
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, 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 rewarded for the winning team.
The Promotion Entities are not responsible for typographical or other human or technical 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 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.
CBSI reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Promotion. 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.
For the name of the Winner, send a self-addressed, stamped envelope for receipt by April 22, 2023 to "Winner's list: 2023 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: 2023 CBSSports.com Bracket Challenge," for receipt by April 22, 2023. Residents from VT may omit postage on the self-addressed envelope.
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of CBSI which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this 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.
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.
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 clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Promotion.
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.
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion Any controversy or claim arising out of or relating to these Official Rules and/or the Challenge shall be settled by binding arbitration in accordance with the commercial arbitration rules of JAMS in accordance with the JAMS Comprehensive Arbitration Rules and Procedures, as modified by the JAMS Consumer Arbitration Minimum Standards. Class arbitrations and class actions are not permitted under any circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, in the City of San Francisco.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS 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 California state and federal courts located in the City of San Francisco and State of California. The parties agree not to raise the defense of forum non conveniens.
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.
CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309.
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.