2016 Five Four Club Pick'em Challenge
Sweepstakes Rules
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2016
Five Four Club Pick'em Challenge |
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Signing
Up |
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Grand
Prize |
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General
Conditions |
1. Introduction
Welcome to the 2016 Five Four Club Pick'em Challenge (the "Sweepstakes"),
where you compete against other Five Four Club members to see who can correctly
predict the outcomes of selected National Football League ("NFL")
games. Each week, participants submit their predictions for a chance at weekly
and overall prizes. The Sweepstakes starts at 12:00 p.m. Eastern Time ("ET") on September 15, 2016 and ends at
11:59 p.m. ET on January 1, 2017 (the "Sweepstakes Period").
No Cost
The Sweepstakes is FREE to play. No purchase, wireless device or entry fee
necessary to enter or win. If you are accessing this Sweepstakes via your
wireless device, data rates may apply.
If you are a wireless service subscriber and have a smartphone, tablet or other
wireless device that allows you to access this Sweepstakes, you may play the Sweepstakes
via any of those devices. If you
decide to access the Sweepstakes via any of such wireless devices, you may be
charged data rates according to the Terms and Conditions of your Service
Agreement with your wireless carrier. Each wireless carrier's rate plan may
vary, and participants should contact their wireless carrier for information on
rate plans and charges relating to your participation in this Sweepstakes.
IMPORTANT
NOTICE: THIS SWEEPSTAKES IS SUBJECT TO BINDING ARBITRATION AND A
WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 4 BELOW.
The Administrator
CBS Interactive Inc. ("CBSI") will serve as the Administrator
of the Sweepstakes and will be responsible for resolving any disputes that
arise regarding violations of the rules. The content used in this Sweepstakes is
owned by CBS Sports and shall mean any and all proprietary images, technology,
applications, artwork, copy, information, trademarks, service marks, data, or
knowledge or other materials made available to you as part of this Sweepstakes
(the "CBS Sports Content"). The CBS
Sports Content contains information, advice, text and materials that are
provided for your convenience and enjoyment. Third parties provide some CBS
Sports Content. You should be aware that the CBS Sports Content might contain
errors, omissions, inaccuracies, outdated information, and inadequacies and
that the CBS Sports Content may be subject to terms and conditions which may be
found in the documents and policies of third parties. We make no representations
or warranties as to the completeness, accuracy, adequacy, currency or
reliability of any CBS Sports Content and will not be liable for any lack of
the foregoing. CBSI may modify,
suspend or discontinue any aspect of this Sweepstakes. CBSI does not represent or warrant that
every action you take with regard to your account and related activities in
connection within this Sweepstakes, including, without limitation, the CBS
Sports Content, will be lawful in any particular jurisdiction. It is incumbent
upon you to know the laws that pertain to you in your jurisdiction and act
lawfully at all times when entering this Sweepstakes, including, without
limitation, the CBS Sports Content.
Eligibility
The Sweepstakes is open to persons who are: (a) Active (i.e.
non-paused/non-canceled) Members of Five Four Club as of, or prior to September
14, 2016 ("Members")(b) Registered
Users of the CBSI Service (both as defined below); (c) legal residents of the
United States or Puerto Rico; and (c) at least eighteen (18) years old or age
of majority, whichever is older in state of residence, at the date of
registration in the Sweepstakes. This Sweepstakes is void in all other
territories and possessions and where prohibited by law. For purposes of
clarity, to be eligible to win a prize, participants must use the same email
address to register on the CBSI Service as they did to subscribe to the Five
Four Club.
For purposes of these Official Rules, "Registered User" means
a Member who has successfully completed the registration form and has obtained
a user Identification ("ID") and associated password ("Password")
on one of the CBSI networks of Websites, which currently includes CBSSports.com
and/or SportsLine.com (the "CBSI Service").
If you are not a Registered User, you may become a Registered User and obtain
an ID and a Password by completing the CBS Service registration form. There is
no fee or charge to you to become a Registered User.
Employees of Five Four Club, CBSI and/or CBS
Broadcasting Inc. (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" is defined as a parent, sibling or any person
residing in the same household as an employee of the Sweepstakes Entities. Void
where prohibited by law. Such excluded employees and/or family members may play
but WILL NOT be eligible to receive a Prize.
2. Playing
Please
note: Entry into this Sweepstakes is limited to the first 10,000 participating Members.
Signing Up
Registered Users can sign up any time, during the Sweepstakes Period, via the email
invite sent by the Five Four Club and/or the promotional materials posted in
the Five Four Club social media accounts. The Sweepstakes is divided into sixteen
(16) separate weekly entry periods that, except for the first one which begins
on the start date of this Sweepstakes, each begins at 12:00 p.m. each Tuesday
and end at the latest of 11:59 p.m. or the end of the Monday Night Football
game (each a "Weekly Entry Period(s)"), during the Sweepstakes
Period. To enter the Sweepstakes, participants must provide their personal
information and their pick of the NFL team(s) they predict will win their NFL
game match-up, as listed for the applicable Weekly Entry Period (the "Weekly
Entry(ies)"). Participants may participate in as many Weekly Entry
Periods as they want; however, participants may only enter once during each
Weekly Entry Period.
Making Picks
The Sweepstakes will run for 16 weeks of the NFL season. For each Weekly Entry
Period, the Administrator will list all the scheduled NFL games on the Sweepstakes
page at the CBSi Service. You must pick the team you predict will win each
game, along with a predicted final score for the Monday Night Football game.
This predicted final score will be used as a Weekly Entry Period tie-breaker
(as explained below), if applicable. You do not need to participate in all 16
Weekly Entry Periods; however, for each Weekly Entry Period in which you decide
to participate; you must make picks for every game listed as available at the
time you enter, to submit your Weekly Entry in the Sweepstakes. For the purpose
of clarity, if you enter the Sweepstakes on a Friday, you must select a
possible winning team from all games left to be played during the applicable
Weekly Entry period starting on that Friday and ending with the Monday Night
Football game.
Limit one Weekly Entry per person per Weekly Entry Period. The is a limit of 16
Weekly Entries per person for the duration of the Sweepstakes Period.
Scoring
Participants will receive one point for each correct selection. The total
number of correct selections in a given Weekly Entry Period will be the
participant's score for such Weekly Entry Period. The total number of correct
selections for the duration of the Sweepstakes will be the participant's total
overall score.
Statistics Corrections. Following the completion of each Weekly
Entry Period's games, all statistics and point totals are verified, and
corrections are made where necessary. However, all statistics and point totals
for the Weekly Entry Period are considered FINAL as of Wednesday. If a
statistic correction is announced for the previous weekend's games on Wednesday
or later, it will not be included in our statistics and your official score
will be based on the original statistics.
Deadlines
You may sign up to play in the Sweepstakes at any point during the Sweepstakes
Period, no later than five minutes prior to the first kickoff of the last scheduled
NFL game of Weekly Entry Period 16 (coincides with week 17 of the NFL Season).
The deadline for each participant to submit its Weekly Entry for the applicable
Weekly Entry Period is five minutes before the start of the last scheduled NFL
game for any given Weekly Entry Period. We suggest you check the NFL
schedule to ensure you know when games begin each week and get your
picks in before the deadline.
3. Prizes
Grand Prize
The eligible participant who predicts the most games correctly over the entire
season will be declared the grand prize winner (the "Grand Prize Winner")
(tie-breakers apply) and will receive the one (1) grand prize ("Grand
Prize") to be awarded in accordance with these Official Rules. The
Grand Prize consists of Five Thousand Dollars (US $5,000), to be awarded in the
form of a check and/or any other means Sponsor deems fair and appropriate in Sponsor's
sole discretion.
If more than one eligible participant is tied
for the most correct picks for the entire season, the participant whose
predictions of total combined score for each of the Monday Night Football games
(the same to be used in the event of weekly tie-breaker(s)), will be tallied
and the combined score that is the closest to the actual final total combined
score for the Monday Night Football games will win the Grand Prize. This will
be determined by adding up the actual points scored in all Monday Night
tiebreaker games and determining which tied participant's total tiebreaker
predictions was closest to that overall number.
If there is still a tie, the participant who correctly predicts the most games
in a Weekly Entry Period, starting from Weekly Entry Period 16 and moving back
through the prior Weekly Entry Period(s) as needed, will determine the winner.
If a tie remains, all tied participants will be put into a pool of tied
participants and the Grand Prize Winner will be determined by a random drawing.
The random drawing will be conducted on or around January 3, 2017 by Administrator
whose decisions are final and binding in all respects.
Weekly Prizes
The eligible participant who predicts the most games correctly in a single
Weekly Entry Period will be declared the first-place weekly prize winner
("First-Place Weekly Prize
Winner(s)") of such applicable Weekly Entry Period, and will receive
the first-place weekly prize ("First-Place Weekly Prize(s)")
(tie-breakers apply). The First-Place Weekly Prizes each consist of Seven
Hundred and Fifty Dollars (U.S. $750.00), to be awarded in the form of a check and/or
any other means Sponsor deems fair and appropriate in Sponsor's sole discretion.
The eligible participants who predict the second, third, fourth, and fifth most
games correctly in a single Weekly Entry Period will be declared the secondary
weekly prize winners ("Secondary
Weekly Prize(s) Winners") (tie-breakers apply). The secondary weekly prizes ("Secondary Weekly Prizes") each consist
of a One Hundred Dollar (U.S. $100.00) Five Four/New Republic gift voucher.
If more than one eligible participant is tied for the First-Place Weekly Prize
and/or the Secondary Weekly Prizes in any one Weekly Entry Period, the
participant whose prediction of the total combined points in the Monday Night
Football game is closest to the actual final total combined score for the
Monday Night Football game will win the applicable Secondary Weekly Prize(s). If
there is still a tie, tied participants will be put into a pool of tied
participants and the Secondary Prize Winner(s) will be determined by a random
drawing. The random drawings will be conducted within 48 hours of the end of
the Weekly Entry Period.
The Grand Prize, First-Place Weekly Prize(s) and the Secondary Weekly Prize(s)
are herein collectively referred to as the "Prize(s)."
Prize Notification
Each potential First-Place Weekly Prize Winner, Secondary Weekly Prize Winner
and the Grand Prize Winner (collectively, the "Winner(s)"),
will be notified via email. Winners will be notified within fourteen (14) days
from the drawing date for the applicable Prize. Winners may need to complete and submit an affidavit of
eligibility and release (the "Affidavit"). Such Affidavit must
include the Winner's social security number when submitted. By completing such
Affidavit, it will be understood that Winner has complied with these Sweepstakes
Rules.
Please note: Such Affidavit, if applicable, must be received no
later than fourteen (14) days from the notification date..
In the event Winner 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 will be conducted per Prize. If attempts fail, Prize will be forfeited and Prize will not be
awarded.
4. Legal Disclaimers
All participants agree to abide by the terms of these Official Rules and the legal
disclaimers below, and by the decisions of CBSI, which are final and binding on
all matters pertaining to the Sweepstakes.
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 CBS
Interactive Inc. Terms of Use, 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. CBSI
reserves the right to substitute a Prize for one of equal or greater
value.
Except where prohibited by law, a Winner's acceptance of a Prize constitutes
permission for the Sweepstakes 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 and local laws and regulations apply.
CBSI is not responsible for lost, late or misdirected on-line entries or
transactions, for incorrect, inaccurate or incomplete Entry information,
whether caused by a 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 NFL game and/or NFL game week is canceled or preempted
for any reason, no points or Prizes will be awarded for that week and/or for
picks of the affected NFL teams. CBSI is not responsible for typographical
or other human or technical errors in the offer or administration of this Sweepstakes,
including but not limited to, errors in advertising, the Official Rules, the
selection and announcement of a Winner or the distribution of a Prize.
CBSI, in its sole discretion, may disqualify any entrant from participating in
the Sweepstakes, refuse to award points or a Prize, and/or require the return
of a Prize, if entrant engages in any conduct CBSI deems to be improper, unfair
or otherwise adverse to the operation of the Sweepstakes or detrimental to
other entrants. Such improper conduct includes, but is not limited to,
falsifying personal information required during Sweepstakes registration or
Prize claim, violating any term or condition stated herein, accumulating points
or a Prize through methods such as automated computer scripts or other
programming techniques, allowing others to use the entrant's personal
information for the purpose of accumulating points or a Prize, tampering with
CBSI's administration of this promotion, or intentionally trying to defraud,
reverse engineer, disassemble, decompile or otherwise tamper with the computer
programs on this Web site. Entrant further acknowledges that the forfeiture of
a Prize and/or return of a Prize shall in no way prevent CBSI from pursuing
other avenues of recourse such as criminal or civil proceedings in connection
with such conduct.
CBSI expressly reserves the right to immediately modify, suspend or
terminate your account and refuse current or future entry and/or points in this
Sweepstakes, if CBSI, in its sole and exclusive discretion believes you have
acted inconsistently with the spirit or letter of this Sweepstakes or the CBS
Interactive Inc. Terms of Use, incorporated herein by reference.
If you witness any user activity in Sweepstakes that violates these rules, please notify us of the activity via the feedback form located at http://cbsi.force.com/CBSi/cbssports. CBSI cannot guarantee that any action will be taken as a result of your e-mail, but we appreciate your help in making this Sweepstakes an enjoyable experience for all current Five Four club members.
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 NFL or any NFL team. This is a skill
game designed to entertain and increase consumer awareness of, and interest in
CBSSports.com.
This Sweepstakes may not be used for any form of gambling, betting or
wagering.
During the
Sweepstakes, CBSI hereby grants to you, and you hereby accept, a personal,
non-transferable, non-commercial, non-exclusive, limited, revocable license, to
view and use the CBS Sports Content (where applicable, in executable, object
code form only). Nothing herein shall be interpreted to mean, and CBSI does not
grant you any right or license in any CBSI materials or other proprietary
images, trademarks, artwork, copy, information, data, knowledge, computer
software or any other material or information of any kind. Nothing herein shall
be interpreted to mean, and CBSI does not grant you any right or license to
enter into sublicenses or redistribution agreements with respect to any portion
of this Sweepstakes, including, without limitation, the CBS Sports Content.
This Sweepstakes, including without
limitation, the CBS Sports Content, are protected by copyright pursuant to U.S.
copyright laws, international conventions and other copyright laws, and are
owned or controlled by CBSI. You will abide by any and all additional copyright
notices, information, or restrictions contained in this Sweepstakes, including,
without limitation, the CBS Sports Content or as CBSI otherwise may impose from
time to time.
You represent,
warrant and covenant that you shall not reverse engineer, decompile, translate,
modify, or develop derivative works based on this Sweepstakes, including,
without limitation, the CBS Sports Content.
You acknowledge and
agree that both during and after the Sweepstakes, you shall not directly or indirectly
contest or aid in contesting the validity or ownership of the Sweepstakes,
including without limitation, the CBS Sports Content or take any action
whatsoever in derogation of CBSI's rights therein or in breach of any terms and
conditions contained in this Sweepstakes.
Any and all rights to
enter this Sweepstakes, including, without limitation, any CBS Sports Content
not expressly granted to you under this Sweepstakes are hereby reserved for
CBSI. Nothing contained in this Sweepstakes shall affect, impair, or limit in
any way CBSI's rights to exploit fully this Sweepstakes, including, without
limitation, any CBS Sports Content.
You acknowledge and
agree that CBSI owns and shall retain all rights, title and interest in and to this
Sweepstakes, including, without limitation, the CBS Sports Content, including,
without limitation, all copies thereof and all rights to patents, copyrights,
trademarks, service marks, trade secrets and other intellectual property rights
inherent therein and appurtenant thereto.
Nothing herein shall
be interpreted to mean, and CBSI does not grant you any right or license in any
CBSI trademark, tradename, service mark, insignia, slogan, name, emblem, logo,
symbol, design and/or other identifying characteristics owned by or associated
with CBSI, its parent, subsidiaries or affiliates, in any manner whatsoever.
Rules/Winner Information
For the name of the Winners send a self addressed stamped envelope for receipt
by February 28, 2017 to "Winners list: Five
Four Club Game Pick' em
Challenge," c/o Five Four
Club Five Four Group, LLC, 6380 Wilshire Blvd, Suite 1106, Los
Angeles, CA, 90048.
For a copy of the Official Rules send a self-addressed stamped envelope to the
above address marked "Official Rules: Five
Four Club Game Pick' em Challenge" for receipt by January 4, 2017. Residents from Vermont
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 award a Prize to
the participant with the highest total weekly and overall score (tie-breakers
apply) from all eligible participants in the Sweepstakes as of termination
date.
CBSI assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of, entries or
transactions. CBSI is not responsible for any problems or technical malfunction
of any telephone network or lines, computer on-line systems, servers, or
providers, computer equipment, software, failure of any e-mail entry or
transaction to be received on account of technical problems or traffic
congestion on the Internet or at any Web site, or any combination thereof,
including any injury or damage to participant's or any other person's computer
related to or resulting from participation or downloading any materials in this
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, 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
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 Sweepstakes.
Damaged Property
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 entrants 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 SWEEPSTAKES 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 PARTICIPANT 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 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, CBSI 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 Winners or the distribution of the
Prizes. In the event of any ambiguity(s) or error(s) in these Official Rules,
Administrators reserve the right to modify these Official Rules for
clarification purposes or to correct any such ambiguity or error(s) without
materially affecting the terms and conditions of the Sweepstakes.
Miscellaneous
This Sweepstakes contains the sole and
entire agreement between the parties with respect to the participation in this
Sweepstakes and supersedes any and all other prior written or oral agreements
between them. Captions contained in this Sweepstakes are inserted only as a
matter of convenience or for reference and in no way define, limit, extend, or
describe the scope of this Sweepstakes or the intent of any provision of this
Sweepstakes. It is the intent of the Parties that neither this Sweepstakes nor
any covenant in this Sweepstakes, shall be construed against either party
pursuant to the common law rule of construction against the drafter. It is the
intent of the parties that said rule not be applicable to this Sweepstakes. If
any provision of this Sweepstakes shall be held invalid or unenforceable by any
court of competent jurisdiction or as a result of future legislative action,
such holding or action shall be strictly construed and shall not affect the
validity or effect of any other provision of this Sweepstakes.
Winners and Prizes
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 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 Sweepstakes.
Release and Indemnity
Each entrant in the Sweepstakes, including, without limitation, a 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, losses,
damages, judgments, settlements, costs and expenses, including attorneys' fees
arising out of or in connection with this Sweepstakes, including, without
limitation, your participation in this Sweepstakes, including, without
limitation, the CBS Sports Content or for any injuries, loss or
damage of any kind to person, including death, property arising in whole or in part, directly or indirectly, from
acceptance, possession, use or misuse of a Prize, participation in this Sweepstakes
and participation in any activity related to this Sweepstakes. Notwithstanding the foregoing, CBSI
retains the exclusive right to settle, compromise and pay any and all claims,
demands, proceedings, suits, actions or causes of actions which are brought
against CBSI herein under the terms and provisions and, in no event shall you
settle any such claim without CBSI's prior written approval.
Limitation of Liability
and Disclaimer of Warranties
You represent,
warrant and covenant that you will not upload, post, transmit, distribute or
otherwise publish through this Sweepstakes any materials which: (a) restrict or
inhibit any other Five Four user from using and enjoying this Sweepstakes; (b)
are unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic, profane, or indecent; (c) constitute or encourage conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate the law; (d) violate, plagiarize or infringe the rights of any third
party including, without limitation, copyright, trademark, patent, rights of
privacy or publicity, or any other right of any third party; (e) contain a
virus or other harmful or potentially harmful component; (f) contain any
unsolicited or unauthorized advertising, promotional materials, spam, or any
other kind of solicitation; and/or (g) constitute or contain false or
misleading indications of origin or statements of fact. You represent, warrant and
covenant that you will comply with the CBS Interactive Inc. Terms of Use in
connection with your participation in this Sweepstakes.
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 SERVICE AND/OR THE SWEEPSTAKES, DOWNLOADING FROM
AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE SWEEPSTAKES. IN
NO EVENT SHALL CBSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES
OF ACTION EXCEED $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES
AND THE SERVICE INCLUDING, WITHOUT
LIMITATION, ALL CBSI CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS,
GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS
SWEEPTSAKES AND PRIZES 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. CBSI AND
ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THIS SWEEPTAKES; (B) THE CBS
SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE SWEEPSTAKES; (C) THE
MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR
ACCESSED THROUGH THIS SWEEPSTAKES; (D) THE ABILITY OF THIS SWEEPSTAKES TO WORK
WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS
SWEEPSTAKES. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS
SWEEPSTAKES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SWEEPSTAKES OR THE
SERVERS THAT MAKE THE SWEEPSTAKES AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
CBSI DOES NOT WARRANT
THAT YOUR ACTIVITIES OR USE OF THIS SWEEPSTAKES IS LAWFUL IN ANY PARTICULAR
JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU
UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THIS SWEEPSTAKES, INCLUDING,
WITHOUT LIMITATION, THE CBS SPORTS CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU
REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION
WHERE YOU ACCESS OR USE THIS SWEEPSTAKES, INCLUDING, WITHOUT LIMITATION, THE
CBS SPORTS CONTENT. FURTHER, CBSI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM
ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION,
NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
CBSI AND ITS
SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS SWEEPSTAKES,
WITHOUT LIMITATION, THE CBS SPORTS CONTENT AND ANY ERRORS CONTAINED THEREIN.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER
WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH
JURISDICTION'S LAW IS APPLICABLE TO THIS SWEEPSTAKES.
Binding Arbitration
The parties waive all rights to trial in any action or proceeding instituted in
connection with these Official Rules, including, without limitation, the Sweepstakes.
Any controversy or claim arising out of or relating to these Official Rules
and/or the Sweepstakes shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of
any other party. The arbitration shall be conducted in the State of California,
in the City of San Francisco.
Governing Law and Jurisdiction
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT
REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to
arbitration as set forth in these Official Rules and/or in connection with the
entering of any judgment on an arbitration award in connection with these
Official Rules and/or the Sweepstakes, the parties irrevocably submit and
consent to the exclusive jurisdiction and venue of the California state and
federal courts located in the City of San Francisco, and State of California.
The parties agree not to raise the defense of forum non conveniens.
Sponsor & Prize Provider: Five
Four Club - Five Four Group, LLC, 6380 Wilshire Blvd, Suite 1106, Los Angeles,
CA 90048.
Administrator's Mailing
Address:
CBS Interactive Inc., 1401 W. Cypress Creek Road, Suite 200, Fort Lauderdale,
FL 33309