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2009 CBSSports.com College Football Pick 'em
Game Description 2009 CBSSports.com College Football Pick 'Em Welcome to the 2009 CBSSports.com College Football Pick 'em (the "Challenge"), where you compete against other participants to see who can correctly predict the outcomes of selected National Collegiate Athletic Association ("NCAA") games. Submit your predictions each week for a chance to win the Prize (as defined below). The Challenge starts July 21, 2009 and ends November 28, 2009 (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. 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 CBS Sports Service registration form by going here on the CBS Sports Service. There is no fee or charge to you to become a Registered User. *All CBSSports.com Fantasy Football games are subject to the complete applicable Official Rules. Void where prohibited by law. 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 during the Challenge Period by visiting the CBSSports.com Website. Participants will be asked to go to the URL: http://collegefb.cbssports.com/splash/collegefb/spln/opc/free and follow the onscreen instructions (the "Onscreen Instructions") in order to enter. Onscreen Instructions are incorporated by reference into these Official Rules. Making Picks The Challenge will run for 13 weeks of the NCAA Football season. Each week, the Administrator will select fifteen (15) scheduled NCAA games. You must pick the team that you predict will win each game. For each week that you wish to participate, you must make picks for every game. Limit one entry per person for the Challenge Period. Scoring Participants must select their projected winners of all 15 games each week. Points will be awarded one (1) point per correct selection. The total number of correct selections in a given week will be the participant's score for the week. The total number of correct selections for the duration of the Challenge will be the participant's total score. Deadlines You can sign up at any point during the Challenge Period; however, there is a deadline for each participant to submit weekly selections. Weeks run from Tuesday to Monday, and the weekly deadline to submit your picks is five (5) minutes before the scheduled start of the first selected NCAA game of the applicable week. Prize Prize The eligible participant who predicts the most games correctly over the entire season will be declared the Prize Winner (the "Prize Winner"). The Prize Winner will receive Five Thousand US Dollars (US$5,000.00). The Prize (the "Prize") will be awarded in the form of a check. If more than one eligible participant is tied for first place, the Prize will be awarded to the eligible participant who correctly predicted the most games in the final week (Week 13) of the NCAA season. If a tie still exists, the participant who correctly predicted the most games in Week 12 of the NCAA season will be awarded the Prize. The tiebreaker will continue to go through each week of the NCAA season, in descending order, until the tie is broken. In the event that a tie still exists after going through all 13 weeks of the NCAA season in descending order, the Prize will be awarded to the eligible participant who first submitted their picks in Week 1. Approximate Retail Value to be awarded in the Challenge is Five Thousand Dollars ($5,000.00) Prize Notification The potential Prize Winner will be notified via email within 30 days of the end of the NCAA season. The Prize Winner will be required to sign and return, within thirty (30) days of issuance, the Affidavit of Eligibility and Publicity/Liability Release, unless prohibited by law. Failure to return such documents within the specified time period, noncompliance with these Official Rules, the return of any Prize or prize notification or if any Prize Winner declines a Prize for any reason, such person may be disqualified, with an alternate Prize Winner selected in accordance with these Official Rules (as applicable). Odds of winning depend on the number of eligible participants and the outcome of the NCAA Football games. 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 the Prize are the sole responsibility of the Prize Winner. No substitution or transfer of the Prize is permitted except by CBSI. CBSI reserves the right to substitute the Prize for one of equal or greater value. Except where prohibited by law, the Prize Winner's acceptance of the 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 NCAA 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 the Prize Winner or the distribution of the Prize. CBSI, in its sole discretion, may disqualify any entrant from participating in the Challenge, refuse to award points or the Prize, and require the return of the 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 The 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 the 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 the Prize and/or return of the 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 NCAA or any NCAA team. This is a skill game designed to entertain and increase consumer awareness of, and interest in, the CBSSports.com Service. This Challenge may not be used for any form of gambling, betting or wagering. Rules/Winner Information For the name of the Prize Winner send a self addressed stamped envelope for receipt by January 1, 2010 to "Winners list CBSSports.com College Football Pick 'em," 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 College Football Pick 'em," for receipt by November 28, 2009. 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 the Prize to the participant with the highest total from all eligible participants in the Challenge 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 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 Winner or the distribution of the Prize. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrators reserve the right to modify these Official Rules for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Challenge. Prize Winner and Prize 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 Prize Winner, the distribution of the Prize, the acceptance/possession and/or use/misuse of any part of a the Prize and/or any injury or damage to any entrant's or third person's property related to or resulting from any part of the Prize or any part of this Challenge. Release and Indemnity Each entrant in the Challenge, including, without limitation, the 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 the 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 PRIZE IS 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 |
