Material Terms
Win Amex Gift Cards in CBS Local’s Nationwide Bracket Challenge Contest. Rules, entry and tie breakers at NewYork.cbslocal.com/bracketchallenge, and other participating CBS Websites. Make your picks for winners of all games of each full round of the college basketball tournament by 15 minutes prior to first game’s start. Score designated point value for each winning pick based on actual game results. Top three nationwide total point scorers win 2,500, 1,500 or 1000 dollar gift card and top scorer in each of the six rounds wins $100 card. Open to legal U.S. residents of the 50 states and Washington DC, 18 or older. CBS and UPICKEM employees and their families are ineligible. One entry per person and only one entry per email address. Odds of winning depend on number of entries and relative ability to predict game results. Void where prohibited. No purchase necessary.
CBS LOCAL Bracket Challenge Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND WASHINGTON, DC, WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN PUERTO RICO, GUAM AND IN ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
1. How to Enter the Contest:
(a) The CBS LOCAL BRACKET CHALLENGE (the “Contest”) will begin after men’s college basketball teams are announced on Sunday, March 16, 2014. Brackets will open after teams are announced (by approximately 8:00 PM EST). Entrants will be able to make and change their picks until fifteen (15) minutes prior to scheduled tipoff in the first game of the first full round of the men’s college basketball tournament (the “Tournament”) on Thursday, March 20, 2014 (the “Cutoff”). The Contest is being administered for CBS Local Digital Media, a division of CBS Radio Inc. (“CBS Local”) by Upickem, LLC (“Administrator”).
(b) Entrants can enter via any one of the following participating CBS Local websites (the “Websites”):
http://atlanta.cbslocal.com/bracketchallenge
http://baltimore.cbslocal.com/bracketchallenge
http://boston.cbslocal.com/bracketchallenge
http://charlotte.cbslocal.com/bracketchallenge
http://chicago.cbslocal.com/bracketchallenge
http://cleveland.cbslocal.com/bracketchallenge
http://connecticut.cbslocal.com/bracketchallenge
http://denver.cbslocal.com/bracketchallenge
http://detroit.cbslocal.com/bracketchallenge
http://dfw.cbslocal.com/bracketchallenge
http://houston.cbslocal.com/bracketchallenge
http://lasvegas.cbslocal.com/bracketchallenge
http://losangeles.cbslocal.com/bracketchallenge
http://miami.cbslocal.com/bracketchallenge
http://minnesota.cbslocal.com/bracketchallenge
http://newyork.cbslocal.com/bracketchallenge
http://philadelphia.cbslocal.com/bracketchallenge
http://pittsburgh.cbslocal.com/bracketchallenge
http://sacramento.cbslocal.com/bracketchallenge
http://sanfrancisco.cbslocal.com/bracketchallenge
http://seattle.cbslocal.com/bracketchallenge
http://stlouis.cbslocal.com/bracketchallenge
http://tampa.cbslocal.com/bracketchallenge
http://washington.cbslocal.com/bracketchallenge
(c) Entrants will be required to register an account with the Administrator in order to enter. Entrants may, but are not required to register prior to the March 16, 2014 announcement of teams. Following such announcement and ending at the Cutoff, entrants must register if they have not already done so and then, following the online instructions, pick the winning teams for all the rounds of the entire Tournament. Entrants must also enter their predicted score for the final game of the Tournament for use as a tie breaker as described in Paragraph 4(c) below. Entrants will not be required to pick the winners of the “First Four” play-in games. If no selection is made for a particular game the entrant will be unable to receive credit for that game which may adversely impact the entrant’s standing in that round and the overall Contest.
(d) Limit one (1) entry per person. Only one (1) entry per email address may be used. Use of computer programs and other automatic means to enter is prohibited. If an entrant enters more than once, regardless of which of the Websites is used, the additional entries will be disqualified.
CBS Local is not responsible for technical or computer failures, errors or data loss of any kind, lost or unavailable Internet connections, or failed, incomplete, garbled or deleted computer or network transmissions, inability to access any website or on-line service, or any other error or malfunction, or late, lost, illegible, incomplete or misdirected entries. Entry materials that CBS Local determines, in its sole discretion, have been tampered with or altered are void. If CBS Local determines, in its sole discretion, that there is any suspected or actual electronic tampering with the Contest or if technical difficulties compromise the integrity of the Contest, CBS Local reserves the right to void the entries at issue and/or terminate the Contest and conduct a random drawing to award the prize among all eligible entries received as of the termination date. If the Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on the Websites. If, for any reason, the Contest 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 CBS Local which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, CBS Local reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. By use of any of the Websites and by entering the Contest, you agree to CBS Local’s Terms of Use and to the use of your personal information as described in CBS Local’s Privacy Policy.
(e) Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning an email address or the domain associated with the submitted email address. Multiple entrants are not permitted to share the same email address. Entries submitted may not be acknowledged or returned. Proof of submission of an entry shall not be deemed proof of receipt by Administrator. Administrator’s computer is the official time keeping device for this Contest.
(f) Odds of winning depend on number of eligible entries received and the relative ability of entrants to correctly predict the results of the Tournament.
2. Eligibility Restrictions:
(a) The Contest is open to legal U.S. residents living in the fifty (50) United States and Washington, DC, who are eighteen (18) years of age or older at time of entry.
(b) Employees of CBS Radio Inc. and Administrator, their respective parent, subsidiary and affiliated entities (collectively, the “Contest Entities”), their advertising, programming and development, and promotional agencies, prize suppliers, and participating sponsors, other television and radio stations in any market, and the members of their immediate families (spouse, parent, sibling or child) and those living in the same household of each (whether related or not), are ineligible to enter or win. This Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited.
(c) Entrants are required to provide truthful information and CBS Local will reject and delete any entry that it discovers, in its sole discretion, to be false or fraudulent. CBS Local will disqualify any entry from individuals who do not meet the eligibility requirements and will also delete any entry as required by law.
(d) Only one winner per household is permitted in the Contest.
3. Prizes:
A total of nine (9) national prizes will be awarded nationally during the Contest:
(a) One (1) Grand Prize: $2,500 USD American Express Gift Card. Total Approximate Retail Value (“ARV”): $2,500 USD.
(b) One (1) Second Place Prize: $1,500 USD American Express Gift Card. ARV: $1,500 USD.
(c) One (1) Third Place Prize: $1,000 USD American Express Gift Card. ARV: $1,000 USD.
(d) Six (6) Round by Round Prizes: $100 USD American Express Gift Card for each round winner. ARV: $100 USD each for a total of $600 USD.
(e) Total ARV of all offered prizes: $5,600 USD.
(f) The gift cards will be subject to the terms and conditions as set forth by the issuers of the gift cards. Gift cards are not refundable or transferable, and may not be substituted or exchanged for cash or credit at any time, nor will gift cards be replaced if lost or stolen. Each winner will be solely responsible for all taxes and all other fees and expenses not specified herein associated with the receipt and use of their prize. The prizes are awarded as is. Entrants acknowledge that the Contest Entities have not made, nor are in any manner responsible or liable for, any warranties, representations or guarantees, and hereby disclaim any and all warranties expressed or implied, in fact or in law, whether now or hereafter enacted concerning any prize, including without limitation, implied warranties of quality, merchantability, mechanical condition, or fitness for a particular purpose, except for any express manufacturer’s warranty as may be included with the prize or as may be separately provided to entrants by law.
(g) No more than the total number of prizes specified in these Official Rules will be awarded. There are no prizes awarded to the person with the highest score among all those who enter on each of the individual Websites. In the event that a prize or prize certificate is mailed or shipped to the winner, it will be with the prior written consent of the winner and therefore, winner assumes the risk of its loss. The Contest Entities are not responsible for the safe arrival of a prize or prize certificate.
(h) Prizes are not transferable, and no substitution, assignment, or cash equivalent of prize is permitted, except by CBS Local (solely at its discretion), which reserves the right to substitute a prize or prize portion with another prize or prize portion of greater or equal value. CBS Local is not responsible for winners’ limitations that prevent acceptance or use of prize. The prizes are expressly limited to the items listed above and unless otherwise expressly specified, do not include taxes, gratuities or any other expenses. Other restrictions may apply. Prizes may not be substituted for or redeemed for cash.
4. Point System and Selection of Winners:
(a) Decisions of CBS Local with respect to the Contest are final.
(b) Each round of the tournament is worth up to sixty four (64) points. There are six (6) rounds in the tournament worth up to three hundred eighty-four (384) points. Entrants will receive two (2) points for each First Round game that they pick correctly. Entrants will receive four (4) points for each Second Round game that they pick correctly. Entrants will receive eight (8) points for each Third Round game that they pick correctly. Entrants will receive sixteen (16) points for each Fourth Round game that they pick correctly. Entrants will receive thirty-two (32) points for each Fifth Round game that they pick correctly. Entrants will receive sixty-four (64) points for picking the winner of the college basketball championship game. The entrant with the highest score for each round will be deemed the round winner, upon verification of eligibility. The entrant with the highest total score for all rounds combined will be deemed the Grand Prize winner, upon verification of eligibility. Additional prizes, as described above, will be awarded based on the next highest total score for all rounds combined, upon verification of eligibility. In the event of a tie for the highest score in rounds one (1) through five (5), the one (1) winner for the round will be randomly selected from among the tied entrants. In the event of a tie for the highest score in round six (6) (the championship game), the computer takes those tied entrants and applies the “Score Approximation Formula” outlined below to determine the winner of that round. If there is still a tie, the one (1) winner for the round will be randomly selected from among the tied entrants. In the event of a tie for the highest overall score, the computer takes those tied entrants who picked the championship game correctly and applies the “Score Approximation Formula” outlined below to determine the Grand Prize winner. The entrants with the lowest “Score Approximation” will be deemed the winner. If there are still ties, the ties will be broken based on the following criteria in this order:
1. The most points earned in the Fifth Round.
2. The most points earned in the Fourth Round.
3. The most points earned in the Third Round.
4. The most points earned in the Second Round.
5. The most points earned in the First Round.
If there is still a tie the computer picks a random winner from the tied entrants.
Score Approximation Formula:
1. Subtract what the entrant chose as the score for the winning team from the actual winning team’s score and square this value;
2. Subtract what the entrant chose as the score for the losing team from the actual losing team’s score and square this value.
3. Add the value from 1 and 2 above together to get the entrant’s “score approximation”.
(c) If any game is canceled, forfeited or indefinitely suspended for any reason, or if a game results in a tie, that game shall not count for any entrant and scores will be computed as if the game did not exist.
(d) Potential prize winners will be notified by phone/email on or around April 15, 2014. In the event that potential prize winners are not reachable as solely determined by CBS Local after five (5) days following notification (e.g., no response to email or voicemail), CBS Local reserves the right to select an alternate potential winner. If CBS Local or its affiliates cannot find an eligible winner for the prize, that prize will not be awarded.
(e) Prizes will be awarded only upon confirmation of eligibility and completion of all requisite releases. Each winner (or their parent or legal guardian if under the age of majority) must execute and return any required affidavit of eligibility and/or liability/publicity release within five (5) days of winning or prize will be forfeited. If a potential winner cannot be contacted, fails to sign and return the fully-executed affidavit of eligibility and/or liability/publicity release within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
5. Conditions:
(a) Payments of all federal, state and local taxes are solely the responsibility of the winners. Each winner will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by CBS Local in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Such winnings of $600 or more will be reported by CBS Local to the IRS.
(b) Participation in the Contest and/or acceptance of prize constitutes entrant’s and/or winner’s permission for the Contest Entities or their agents to interview the winner(s), to photograph, film, and record each winner, and to use in commerce and in any media his/her name, address (city and state), biographic information, likeness, photograph, audio or video recording, and/or any statements made by him/her regarding the Contest Entities, the Contest, and/or its sponsor(s) for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. Each winner agrees to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
(c) Participation in the Contest and/or acceptance of prize constitutes entrant’s and/or winner’s agreement to release, discharge, and hold harmless the Contest Entities, their advertising, programming and development, and promotional agencies, prize suppliers, Contest sponsors, participating television and radio stations in any market, and their respective officers, shareholders, directors, employees, agents and representatives and all of their successors and assigns (collectively, “Released Parties”) from and against any and all claims or liability arising directly or indirectly from the prize and participation in the Contest, including, but not limited to, personal injury, death, or damage to or loss of property, which may occur in connection with, preparation for, travel to, or participation in the Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity, including but not limited to any claims based on publicity rights, defamation, or invasion of privacy and merchandise delivery.
(d) CBS Local reserves the right to make changes in the Official Rules of the Contest. If due to circumstances beyond the control of the Released Parties, any entry, competition or prize-related event or travel is delayed, rescheduled, postponed or cancelled, CBS Local shall have the right, but not the obligation, to cancel, terminate, suspend, or modify the Contest and shall not be required to award a substitute prize. The Released Parties are not responsible for (i) typographical or other errors in the printing, the offering, or the administration of the Contest or in the announcement of a prize; (ii) incorrect or inaccurate entry information, human error, failure, or omission; (iii) lost, stolen, mangled, misdirected, postage due, illegible, incomplete, or late entries; (iv) errors, malfunctions, or data loss of any kind, entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems, failed, incomplete, garbled or deleted computer or network transmissions, or for telephone or network service outages, delays, busy signals, poor signals or signal interference, accidental disconnection, equipment malfunctions, and any other technological difficulties that may prevent an individual from completing his/her telephone call or submitting a text message; or (v) any cancellations, delays, diversions, or substitutions or omissions whatsoever by any transportation providers or any other persons or entities providing any services to winner(s) (and guest(s), if applicable) including any results thereof such as changes in services or location necessitated by same. Further, the Released Parties are not responsible if any part of a Contest prize that cannot be awarded due to acts of God, acts of war, natural disasters, weather, acts of terrorism, or other factors beyond the Released Parties’ control.
(e) Except where prohibited, by entering the Contest, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize (s) shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall such costs include attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits may be awarded (collectively, “Special Damages”). Further, by entering the Contest, each entrant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Released Parties in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to the conflict of laws rules thereof.
(f) Caution: Any attempt by an entrant to deliberately damage any of the Websites or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Contest Entities reserve the right to seek damages from any such entrant to the fullest extent permitted by law.
(g) It is the sole responsibility of each entrant to notify Administrator in the event of his or her email address changing. To do so, click on the edit profile link on your member home page. Failure to maintain a valid email address will result in that entrant’s disqualification and the forfeiture of any prizes won in conjunction with this Contest. CBS Local reserves the right to disqualify any entrant who has registered with invalid or false information or who has entered the Contest more than one time. To qualify for any prize, an entrant must have valid registration information by the Contest ending date. Any information that is inaccurate or misleading will result in that entrant’s disqualification and the forfeiture of any prizes won in conjunction with this Contest.
(h) Other conditions:
• CBS Local reserves the right to disqualify any entrant if their username is deemed inappropriate.
• Any entrant attempting to make selection changes close to the cutoff time, risks the chance of not getting in his/her changes on time.
• Any entrant caught or suspected of system tampering, Contest interference or violating the Websites’ or the Administrator’s website’s Terms of Use or these Official Rules, may be removed from the Contest at any time and without notice. The Contest Entities also reserve the right to pursue legal and criminal action against such entrants.
• After the cutoff time, all picks are final.
• The Contest may not be used in connection with any form of gambling. The Contest is strictly for entertainment purposes only.
(i) To obtain a copy of the Official Rules and/or winner’s list (specify which) send a self-addressed, stamped envelope (VT residents may omit return postage) to CBS Local Bracket Challenge Official Rules/Winners, c/o CBS Local Digital Media, 1271 Avenue of the Americas, 44th Floor, New York, New York 10020 for receipt by June 6, 2014.
Sponsor: CBS Local Digital Media, 1271 Avenue of the Americas, 44th Floor, New York, New York 10020.
