2009 CBSSports.com Game Pick 'em Contest Rules
| Introduction | 2009 CBSSports.com Game Pick 'em Contest No Cost The Administrator Eligibility |
| Playing | Signing Up Making Picks Scoring Deadlines |
| Prizes | Grand Prize Weekly Prize Prize Notification |
| Legal Disclaimers | General Conditions Rules/Winners Information Internet Sponsor's Mailing Address Prize Provider/Administrator's Mailing Address
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Introduction
2009 CBSSports.com Game Pick 'em Contest
Welcome to the 2009 CBSSports.com Game Pick 'em Contest (the "Challenge"), where you compete against other participants to see who can correctly predict the outcomes of selected National Football League (NFL) games. Submit your predictions each week for a chance at weekly and overall prizes. The Challenge starts September 1, 2009 and ends January 3, 2010 (the "Challenge" Period).
No Cost
The Challenge is FREE to play. No purchase or entry fee necessary to enter or win.
The Administrator
CBS Interactive Inc. ("CBSI") will serve as the Administrator 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; (b) legal residents of one (1) of the fifty (50) United States, Washington DC, or Canada (excluding Quebec) (for purposes of clarity, Puerto Rico is expressly excluded); and (c) at least eighteen (18) years of age at the date of registration in the 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 one of the CBSI network of Websites which currently include the following: CBS.com, CBSSports.com, NFL.com, NCAA.com, and/or CBSgames.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 you to become a Registered User.
Employees of CBS Interactive Inc. and CBS Broadcasting Inc. (collectively the "Challenge 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 Challenge Entities. Void where prohibited. Such excluded employees and/or family members may play, but WILL NOT be eligible to receive a Prize.
Playing
Signing Up
Registered Users can sign up any time by visiting CBSSports.com. Participants will be asked to go to the URL: http://football.cbssports.com/splash/football/spln/opc and follow the instructions on the entry page in order to enter. An entry into the Challenge consists of the registrant's personal information and the up to 17 weekly games picks (the "Entry"). Participants do not have to fill in all 17 weekly game picks though we do suggest you fill in all 17 weekly picks to increase your odds of winning the Grand Prize.
Making Picks
The Challenge will run for 17 weeks of the NFL season. Each week, the Administrator will list all the scheduled NFL games on its web site. You must pick the team that 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 tie breaker. You do not need to participate in all 17 weekly picks but for each week that you decide to participate, you must make picks for every game.
Limit one Entry per person for the Challenge Period.
Deadlines
You may sign up to play in the Challenge at any point during the NFL season; however the deadline to sign up will be no later than five minutes prior to the final kickoff of the season in week 17. There is a deadline for each participant to submit weekly selections. Weeks run from Tuesday to Monday, and the deadline to make your selections is five minutes before the scheduled start of the first NFL game of the week. It is a good idea to check the NFL schedule to make sure you know when games begin each week and get your picks in at least five minutes before then.
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"). The Grand Prize Winner will receive Three Thousand Three Hundred Dollars (US$3,300.00). The Grand Prize (the "Grand Prize") will be awarded in the form of a check.
If more than one eligible participant is tied for the most correct picks for the season, the participant whose predictions of total points in the Monday night games are closest to the actual totals will win the Grand Prize. If there is still a tie, the Grand Prize will be awarded to the eligible participant who first submitted their picks in the Challenge.
Weekly Prize
The eligible participant who predicts the most games correctly in any week will be declared the Weekly Prize Winner (the "Weekly Prize Winner"). Each Weekly Prize Winner will receive One Hundred Dollars (US$100.00). The Weekly Prize (the "Weekly Prize") will be awarded in the form of a check.
If more than one eligible participant is tied for the most correct picks in any week, the participant whose prediction of the total points in the Monday night game is closest to the actual total will win the weekly prize. If there is still a tie, the Weekly Prize will be awarded to the eligible participant who first submitted their picks in that given week.
Approximate Retail Value to be awarded in the Challenge is Five Thousand Dollars (US$5,000.00)
Prize Notification
Potential prize winners will be notified via email within thirty (30) days of the end of the NFL season. If you qualify for a prize, you will be notified via email with a link to an Affidavit of Eligibility and Publicity/Liability Release.
Potential winners will be required to sign and return, within thirty (30) days of issuance, the Affidavit of Eligibility and Publicity (unless prohibited by law)/Liability Release. Failure to return such documents within the specified time period, noncompliance with these Official Rules, the return of a prize or prize notification, or if a potential winner declines a prize for any reason, prizes may be awarded to an eligible entrant with the next highest score (in accordance with the tie breakers).
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 game.
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 and Privacy Policy. Any and all taxes, if any, in relation to acceptance of a Prize are the sole responsibility of each Prize 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 Prize Winner's acceptance of a Prize constitutes permission for the Challenge Entities to use Prize Winner's name, photograph, likeness, statements, biographical information, voice, and address (city and state) worldwide and in all forms of media, 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, and provincial 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 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 game is canceled or preempted for any reason, no points will be awarded for that week 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 Challenge, including but not limited to errors in advertising, the Official Rules, the selection and announcement of a Prize Winner or the distribution of a Prize.
CBSI, in its sole discretion, may disqualify any entrant from participating in the Challenge, refuse to award points or a Prize, and 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 Challenge or detrimental to other entrants. Such improper conduct includes, but is not limited to, falsifying personal information required during Challenge 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 reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Challenge. This Challenge is not affiliated with or endorsed by NFL or any NFL team. This is a skill game designed to entertain and increase consumer awareness of, and interest in CBSSports.com.
This Challenge may not be used for any form of gambling, betting or wagering.
Rules/Winner Information
For the name of the Prize Winners send a self addressed stamped envelope for receipt by January 30, 2010 to "Winners list: CBSSports.com Game Pick 'em Contest," c/o CBS Interactive Inc., 2200 W. Cypress Creek Rd., Fort Lauderdale, FL 33309.
For a copy of the Official Rules send a self addressed stamped envelope to the above address marked "Official Rules: CBSSports.com Game Pick 'em Contest," for receipt by January 3, 2010. Residents from VT may omit postage on the self addressed envelope.
Internet
If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of CBSI which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this 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 such event, CBSI further reserves the right to award a Prize to the participant with the highest total weekly and overall score from all eligible participants in the Challenge as of termination date.
CBSII 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. CBSII 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 Challenge.
Lost or Corrupted Entries
The Challenge 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 Challenge 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 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
Challenge 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 Challenge or downloading materials from this Challenge.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE 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 User 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, 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 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, the Official Rules, the selection and announcement of the Prize 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 Challenge.
Prize Winners and Prizes
The Challenge 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 the a Prize 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, including, without limitation, a Prize Winner, hereby releases and agrees to hold harmless the Challenge 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 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 Challenge and participation in any activity related to this Challenge.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT WILL THE CHALLENGE 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 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 $100. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE CHALLENGE AND THE 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, 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.
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 Challenge. 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 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 Challenge, 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/Administrator's Mailing Address
CBS Interactive Inc., 2200 W. Cypress Creek Road, Fort Lauderdale, FL 33309.
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