2025 CBSSports.com Pro Football Pick'em Contest Rules

THIS CONTEST MAY NOT BE USED TO CONDUCT, ADVERTISE OR PROMOTE ANY FORM OF GAMBLING. THIS CONTEST IS OPEN TO PERSONS WHO ARE: (A) REGISTERED USERS; (B) LEGAL RESIDENTS OF THE UNITED STATES (FOR PURPOSES OF CLARITY, PUERTO RICO AND ALL US TERRITORIES AND POSSESSIONS ARE EXPRESSLY EXCLUDED); (C) AT LEAST TWENTY-ONE (21) YEARS OLD AT THE DATE OF REGISTRATION IN THE CONTEST. VOID WHERE PROHIBITED BY LAW.

IMPORTANT NOTICE: THIS SERVICE IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 5 BELOW.

This Contest is not affiliated with or endorsed by Apple or Google. `

1. Introduction	2025 CBSSports.com Pro Football Pick'em Contest No Cost The Sponsor Eligibility
2. Playing	Signing Up Making Picks Scoring Deadlines
3. Prizes	Weekly Contest Prizes Tiebreakers Weekly, Season Long, Contingency Prize Notification
4. Legal Disclaimers	General Conditions Rules/Winners Information Sponsor/Prize Provider/Sponsor's Mailing Address Internet Sponsor's Mailing Address
5. Dispute Resolution; Arbitration Agreement	Mandatory Pre-Arbitration Notice Arbitration Procedure Discovery During Arbitration Confidentiality Offer of Settlement Mass Filing Severability Governing Law and Jurisdiction

1. Introduction

2025 CBSSports.com Pro Football Pick'em Contest
Welcome to the 2025 CBSSports.com Pro Football Pick'em Contest (the "Challenge"), where you compete against other participants to see who can correctly predict the outcomes of selected pro football games ("Pro Football Games") in accordance with these 2025 CBSSports.com Pro Football Pick'em Contest Rules ("Official Rules"). Early sign-up to the Challenge begins on July 21, 2025. The Challenge commences on September 4, 2025 and is scheduled to end on January 7, 2026 (the "Challenge Period"). Each Week during the Challenge Period there will be a contest (each a "Weekly Contest") that begins on Tuesday and ends the following Monday at 11:59pm Eastern Time ("ET") or the conclusion of the last Pro Football Game played that week, whichever is later (each, a "Weekly Contest Period"). There will be eighteen (18) Weekly Contest Periods within the Challenge Period and prizes will be awarded as set forth below.

No Cost
The Challenge is FREE to play. No purchase, wireless device or entry fee necessary to enter or win.

The Sponsor
CBS Interactive Inc. ("CBSI") will serve as the Sponsor (the "Sponsor") of the Challenge and will be responsible for resolving any disputes that arise regarding violations of the rules.

Eligibility
The Challenge is open to persons who are: (a) Registered Users (as defined below); (b) legal residents of the United States; and (c) at least twenty-one (21) years old at the date of registration in the Challenge. For purposes of clarity, persons who reside in Puerto Rico and all US territories are expressly excluded from this Challenge. Void where prohibited by law.

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 the CBS Sports app or one of CBSI's websites, which includes but is not limited to CBSSports.com, SportsLine.com, 247Sports.com, CollegesportsLive.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 CBSSports.com registration form. There is no fee or charge to become a Registered User. Limit one (1) Registered User account per person and per email address.

Employees of CBSI and CBS Broadcasting Inc. and each of their parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies (collectively the "Challenge Entities"), and members of the immediate family or household of each are not eligible to win. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee of the Challenge Entities. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a prize (as defined below).

Note: Professional and/or college football players, team owners, management and personnel; professional sports agents; referees; and league employees who play/work in the United States, are not eligible to play in this Challenge, as well as, employees of an operator of a fantasy sports website offering paid contests or a sports betting operator.


2. Playing

Signing Up
Registered Users can sign up any time, during the Challenge Period, by visiting the CBSSports.com Challenge page accessible at https://picks.cbssports.com/football/lobby (the "CBSI Site"). Once on the CBSI Site, if not already, become a Registered User, create a screen name for the Challenge and agree to the Official Rules, to be able to enter the Challenge. Limit one (1) entry per Registered User and per person.

Making Picks
At the start of each Weekly Contest Period, Sponsor, at its sole discretion, will make all available Pro Football Game match-ups and Winning Margins for each game on the CBSI Site. In order to participate in a Weekly Contest, participants must: (i) go to the CBSI Site; (ii) login to their CBSSports.com account (or create an account and sign up if you have not already) (iii) pick the team(s) they predict will beat the Winning Margin (as defined below) from amongst the available match-ups listed; (iv) enter an answer for the tie-breaker question (explained below). PLEASE NOTE: all picks must be saved; every time you make a change to your picks the changes must be saved and will override your previous picks. Additionally, you need to predict and save the final score for each team in both games listed as Tiebreaker 1 and 2 and Tiebreaker 3 and 4 each week selected by CBSI, at its sole discretion, identified as the "Games of the Week," and must hit the 'save tie-breaker' button to save such scores. The first game, labeled as Tiebreaker 1 and 2, and the second game listed as Tiebreaker 3 and 4 (as explained below) will be used as tiebreakers if necessary for the Weekly Contest Period and as part of the contingency prize (as defined below), if applicable. In the event you end up in a tie, if you have not entered and saved the tie-breaker predictions, you will not be eligible for consideration, for the tie-break. You do not need to make picks for every game listed as "available" at the time you enter your picks, however we suggest you do.

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, removing canceled/postponed games from a Weekly Contest, extending the Weekly Contest Period and/or concluding the Challenge early. If such changes are necessary, they will be noted in these Official Rules.

Scoring
Participants will receive (1) point for each correct pick they make. All match-ups listed as available for a Weekly Contest, will be assigned a Winning Margin by CBSI, at its sole discretion. " Winning Margins" is defined as the number of points by which one team, the "favorite" is expected to beat its opponent, the "underdog." Participants must select the team that will beat the Winning Margin in order to make a correct pick. A team will be considered to beat the Winning Margin in the following instances: the favorite team's actual score minus the Winning Margin exceeds the underdog's score; OR the underdog's actual score plus the winning margin exceeds the favorite's score. The eligible participant who correctly selects the most teams that beat the Winning Margin in a Weekly Contest may win the Weekly Prize (as defined and set forth in prize section below) in accordance with these Official Rules and subject to any tiebreak.

In the case where a game from a Weekly Contest Period is postponed and moved to a new Weekly Contest Period or forfeited, that game may be removed from the current Weekly Contest and it will not count as a correct or incorrect pick. If a game is postponed but rescheduled to be played within the same Weekly Contest Period as originally scheduled, that game will remain part of the Weekly Contest unless otherwise decided by Sponsor.

All scoring for games will be considered final at the conclusion of each Weekly Contest Period and any changes thereafter will not be counted towards the Contest results. The original final score will be recognized as the final score for the Contest.

Deadlines
The deadline for each participant to enter their picks for an applicable Weekly Contest is the scheduled gametime of the start of the last scheduled available Pro Football Game listed for that applicable Weekly Contest Period. Each game listed within the Weekly Contest will lock at the scheduled gametime. Pro Football Game match-ups will be posted no later than 1:00 pm ET on Tuesdays of the applicable Weekly Contest Period. CBSI is the official timekeeper for the Challenge, including each Weekly Contest.

General Sportsmanship
By participating, you agree to abide by the general sportsmanship and fairness rules set forth in these rules and fantasy games in general. You further agree to accept and abide by the rulings and the decisions of CBSI regarding all questions of sportsmanship and fairness. If a participant does not comply with the sportsmanship and fairness rules as embodied in these Official Rules, or CBSI determines (in CBSI's sole discretion) that a participant has acted in an unsportsmanlike or unfair manner, CBSI reserves the right to disqualify the participant and/or remove that participant from the Challenge. All decisions by CBSI in sportsmanship and fairness related matters will be final.


3. Prizes

Weekly Prize
The eligible participant who correctly predicts the greatest number of games that beat the Winning Margin in a single Weekly Contest Period will be declared the Potential Weekly Prize Winner (each, a "Potential Weekly Prize Winner") of such applicable Weekly Contest Period and will receive the weekly prize ("Weekly Prize(s)") (tie-breakers apply) upon verification of eligibility and compliance with the Official Rules. Eighteen (18) Weekly Prizes will be awarded in accordance with this Official Rules. Each Weekly Prize consists of One Thousand Dollars (US$1,000.00) which will be awarded in the form of a check or as otherwise decided by CBSI in its sole discretion.

If more than one eligible participant is tied in any one Weekly Contest Period, the participant from amongst the tied participants, whose prediction of the total points scored by the away team in the first tiebreaker game listed, labeled as Tiebreaker 1, is closest to the actual points scored by the away team will be the Potential Weekly Prize Winner. If there is still a tie, the participant from among the remaining tied participants whose prediction of the total points scored by the home team in the first tiebreaker game listed, labeled as Tiebreaker 2, is closest to the actual final points scored by the home team score, will be the Potential Weekly Prize Winner. If there is still a tie, the participant from among the remaining tied participants whose prediction of the total points scored by the away team in the second tiebreaker game listed, labeled as Tiebreaker 3, is closest to the actual points scored by the away team will be the Potential Weekly Prize Winner. If there is still a tie, the participant from among the remaining tied participants whose prediction of the total points scored by the home team in the second tiebreaker game listed, labeled as Tiebreaker 4, is closest to the actual points scored by the home team will be the Potential Weekly Prize Winner. If a tie remains, Weekly Prize will be split among tied participants. Please note: any participant that fails to enter a tie-breaker value for any given Weekly Contest, will not be eligible for tie-breaker consideration. If any tiebreaker game is canceled or the game is suspended without being completed, that tiebreaker game will be eliminated from the process of breaking ties.

Note: In the event that one or more games of the selected pro football games ("Pro Football Games") are canceled in a Weekly Contest Period, including the tiebreaker games, and this results in 20 or more tied participants after all tiebreakers are applied, the Potential Weekly Prize Winner will be randomly selected among all remaining tied participants. In such a case, the random drawings will be conducted on or around the Monday following the applicable Weekly Contest Period. The drawing (if applicable) will be conducted by Sponsor whose decisions are binding and final in all respects.

If a game which comprises Tiebreaker 1 and 2 is canceled, the 2nd game comprising of Tiebreaker 3 and 4 will be used as the primary tiebreakers.

Season Long Prize
The eligible participant who accumulates the most correct picks against the winning margin during the Challenge Period will be named the potential season winner (the "Potential Season Long Prize Winner") and will receive the season long prize ("Season Long Prize") to be awarded upon verification of eligibility and compliance with these Official Rules. The Season Long Prize consists of Five Thousand Dollars (US$5,000.00), to be awarded in the form of a check or as otherwise decided by CBSI in its sole discretion. If more than one eligible participant is tied for the most points for the entire 18-week Challenge Period, the tied participant(s) that has the most weeks with 16 games correctly selected will be the Potential Season Long Prize Winner. If there is still a tie, the participant that had the most Weekly Contests with 15 games correctly picked, from amongst the remaining tied participants, during the Challenge Period will be the Potential Season Long Prize Winner. This process will be repeated until the tie is broken. If a tie remains after all tiebreakers have been exhausted, the Season Long Prize will be split among the remaining tied participants, subject to verification of eligibility and compliance with these Official Rules.

Contingency Prize
Any eligible participant(s) who successfully and correctly selects every game correctly which includes every selected scheduled NFL game in a Weekly Contest (meaning correctly picked the team in all scheduled match-ups that beat the Winning Margin), AND predicts the exact scores of both the home and away team comprising Tiebreaker 1/2 and Tiebreaker 3/4 correctly will be Potential Contingency Prize Winner(s) (each a "Potential Contingency Prize Winner") and equally share the contingency prize, which consists of One Hundred Thousand Dollars (US$100,000.00) (the "Contingency Prize"), upon verification of eligibility and compliance with these Official Rules. The Contingency Prize will be payable via check or as otherwise decided by CBSI in its sole discretion.

If more than one participant achieves the necessary tasks to win the Contingency Prize in the same Weekly Contest, those participants will equally split the Contingency Prize. The Contingency Prize will only be awarded up to twice during the Challenge Period. Once the Contingency Prize has been awarded for two different Weekly Contest Periods, the Contingency Prize of the Challenge will not be awarded for the remainder of the Challenge.

Potential Weekly Prize Winner(s), Potential Season Long Prize Winner, Potential Contingency Prize Winner, collectively, "Potential Winners."

Weekly Prize, Season Long Prize, Contingency Prize, collectively, the "Prizes" Maximum ARV of all Prizes to be awarded is Two Hundred Twenty-Three Thousand Dollars (US$223,000.00).

Please Note — In the event any game(s) included in the games list for a Weekly Contest, including tiebreaker(s), are canceled or suspended and not resumed in that Weekly Contest Period, the Contingency Prize will not be valid for that Weekly Contest.

Prize Notification
Each Potential Weekly Prize Winner will be notified via email within fourteen (14) days from the end of the applicable Weekly Contest Period. The Potential Season Long Winner will be notified within 14 days of the conclusion of the Challenge Period. The Potential Contingency Prize Winner(s) (if applicable) will be notified within 14 days of a participant receiving a perfect score as explained above in the Contingency Prize section of these Official Rules.

As CBSI's discretion Potential Winners will need to complete and submit to CBSI an Affidavit or Declaration of Eligibility and release and a W-9 tax form where applicable (the "Winner Documentation"). Such Winner Documentation must include Potential Winner's social security number and include a copy of their current driver's license or current government issued ID ("Gov. ID") when submitting their Winner Documentation. By completing such Winner Documentation, it will be understood that Potential Winner has complied with the Contest Rules.

Please note: Such Winner Documentation must be received by CBSI with copies of the potential winner's current and valid Gov. ID (passports are not acceptable) within fourteen (14) days of initial notification.

All Potential Winners are subject to verification by CBSI, whose decisions are final and binding. In the event a Potential Winner does not properly return the Winner Documentation, is deemed ineligible, and/or does not claim their Prize by dates specified herein, an alternate Winner may be selected in accordance with these Official Rules. Only one attempt for a new alternate Potential Winner will be conducted. If attempts fail, such Prize will be forfeited, and such Prize will not be awarded. Once a Potential Winner has complied with all of the conditions herein, subject to CBSI's sole discretion, they will be declared a Winner of their respective Prize (each, a "Winner").


4. Legal Disclaimers

All participants agree to abide by the terms of these Official Rules and the legal disclaimers below, and by the decisions of CBSI, which are final and binding on all matters pertaining to the Challenge.

General Conditions
By entering, each entrant accepts and agrees to be bound by these rules and by the decisions of CBSI, which shall be final and binding in all respects. Further, each entrant also acknowledges and agrees to the Paramount Terms of Use and Privacy Policy, incorporated herein by reference. Any and all taxes, if any, in relation to acceptance of a Prize are the sole responsibility of each Winner. No substitution or transfer of a Prize is permitted except by CBSI.

Except where prohibited by law, a Winner's acceptance of a Prize constitutes permission for the Challenge Entities to use Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, in perpetuity, without further compensation. Entrants agree to CBSI's use of their names and likeness for advertising and publicity purposes without additional compensation, unless prohibited by law. All federal, state, local laws and regulations apply.

CBSI is not responsible for lost, late or misdirected online entries or transactions, for incorrect, inaccurate or incomplete entry information whether caused by a contestant, equipment, or technical malfunction or for any human error, technical error or malfunctions. CBSI reserves the right to halt or modify the Challenge at any time during the Challenge Period, if events beyond their control compromise the Challenge fairness or integrity. In the event that a scheduled Pro Football Game is canceled or preempted for any reason, no points will be awarded for that match up during such Weekly Contest Period.

CBSI is not responsible for typographical, human, technical, or other errors in the offer or administration of this Challenge, including but not limited to, errors in advertising or the Official Rules the selection and/or announcement of a Winner or the distribution of a Prize.

CBSI, in its sole discretion, may disqualify any entrant from participating in the Challenge if entrant engages in any conduct CBSI deems to be improper, unfair or otherwise adverse to the operation of the Challenge or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Challenge registration, 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 entrant's personal information for the purpose of accumulating points, tampering with CBSI's administration of this Challenge, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this website.

CBSI reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Challenge. If, for any reason, the Challenge is not capable of running as planned, CBSI may, in its sole discretion, remove any participants suspected of undermining or impairing the Challenge and (a) cancel or terminate the Challenge (or any portion thereof); (b) modify the Challenge or suspend the Challenge to address the impairment and then resume the Challenge in a manner that best conforms to the spirit of these Official Rules; and/or (c) award any remaining Prizes at random from among the eligible, non-suspect participants. This Challenge is not affiliated with or endorsed by the NFL or any NFL football team. This is a skill game designed to entertain and increase consumer awareness of, and interest in CBSSports.com. This Contest may not be used for any form of gambling, betting, or wagering.

Rules/Winner Information
For a copy of the Official Rules, send a self-addressed and stamped envelope to the below address marked "Official Rules: 2025 CBSSports.com Pro Football Pick'em Challenge Contest," for receipt by April 1, 2026. Residents from VT may omit postage on the self-addressed envelope. For the name of the Winners, send a self-addressed and stamped envelope for receipt by April 1, 2026 to "Winners list: 2025 CBSSports.com Pro Football Pick'em Challenge Contest," c/o CBS Interactive Inc., 1401 W. Cypress Creek Rd., Suite 200, Fort Lauderdale, FL 33309.

Sponsor/Prize Provider/Sponsor's Mailing Address
CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale, FL 33309

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 Challenge, CBSI reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Challenge. In the event a Weekly Contest and/or the Challenge are terminated, CBSI reserves the right to award a Prize(s) to the participant with the most points at the time of termination (tie breaker rules apply).

CBSI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. CBSI is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Challenge.

Lost or Corrupted Entries
The Challenge Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, lost, late, incomplete, corrupted, stolen, misdirected, illegible or postage-due entries or mail (if applicable); or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. The Challenge Entities are not responsible for any incorrect or inaccurate information, whether caused by registration information submitted by end users or tampering, hacking, or by any of the equipment or programming associated with or utilized in this Challenge, and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the Challenge.

Damaged Property
The Challenge Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, injury or damage to any entrants or to any other person's computer or property related to or resulting from participating in this Challenge or downloading materials from this Challenge.

CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, CBSI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute, entries made by Internet will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Any Entry that is incomplete, late, or does not include a validly issued ID will be disqualified.

In the event that the Challenge is challenged by any legal or regulatory authority, CBSI reserves the right to discontinue or modify the Challenge, or to disqualify participants residing in the affected geographic areas. In such event, CBSI shall have no liability to any participants who are disqualified due to such an action.

Challenge Errors
The Challenge Entities assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Challenge; (b) in any related advertising or promotions of this Challenge; and/or (c) in these Official Rules including but not limited to errors in advertising and the Official Rules In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Challenge.

Winners and Prizes
The Challenge Entities, assume no liability and are not responsible for, and you hereby forever waive any rights to any claim in connection with, the selection and announcement of a Winner, the distribution of the Prizes, the acceptance/possession and/or use/misuse of any part of a Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of a Prize or any part of this Challenge.

Release and Indemnity
Each entrant in the Challenge hereby releases and agrees to hold harmless the Challenge Entities and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, participation in this Challenge and participation in any activity related to this Challenge.

Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CHALLENGE ENTITIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CHALLENGE, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE CHALLENGE. IN NO EVENT SHALL CBSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS (US$100.00). WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.



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 CHALLENGE OR THESE OFFICIAL RULES, 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 Official Rules or the Challenge.

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 participation in the Challenge, 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 Official Rules. 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 Official Rules.

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 RULES. FOR ANY MATTERS WHICH ARE NOT SUBJECT TO ARBITRATION AS SET FORTH IN THESE OFFICIAL RULES AND/OR IN CONNECTION WITH THE ENTERING OF ANY JUDGMENT ON AN ARBITRATION AWARD IN CONNECTION WITH THESE OFFICIAL RULES AND/OR THE CHALLENGE, THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE 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.