TBT Super 17 Bracket Contest Official Rules

“The Basketball Tournament”
OFFICIAL BRACKET CONTEST RULES & REGULATIONS

NO PURCHASE NECESSARY TO ENTER OR WIN

 

The following sets forth the rules and regulations (the “Bracket Contest Rules”) that will apply to The Basketball Tournament’s Bracket Contest (the “Bracket Contest”) which is being produced by TBT Enterprises, LLC (“Producer”). The Bracket Contest is being operated in conjunction with The Basketball Tournament (“the Tournament”). Note: The Producer shall have the power and authority to determine all matters with respect to the Tournament and its Rules and the Bracket Contest and the Bracket Contest Rules, including without limitation to make changes to the Tournament Rules and the Bracket Contest Rules.  The Producer will make all final determinations with respect to the applicability or compliance with any Rule and the right to suspend or waive the requirements of any Rule, all and in each case, as it may determine, from time to time, in the exercise of its sole discretion; provided, however, that the Producer reserves all rights and authority as described in the Rules of the Tournament. All references herein to any decision, election, determination, exercise of rights or other action by Producer means, in each instance, the exercise of such right or taking of such action in Producer’s sole, exclusive and non-reviewable exercise of its discretion.

  1. For purposes of the Bracket Contest, an “Entrant” is defined as an individual who registers to compete in the Bracket Contest by selecting the winners of each of the games remaining in The Basketball Tournament (“TBT”) after the completion of Round 3 and by entering a prediction of the final score of TBT’s Championship Game. To win an Entrant MUST COMPLETE AND SAVE HIS/HER ENTRY, INCLUDING HIS/HER CHAMPIONSHIP GAME FINAL SCORE PREDICTION, before 5:00pm ET on July 23, 2015.  Registration is absolutely free and is limited to legal residents of the United States of America who are 18 years of age or older as of July 23, 2015.
  2. The only way for an Entrant to register to compete in the Bracket Contest shall be through the use of the Facebook.com log-in protocol provided by the Producer on the website. The Producer will not credit, and will be unable to credit, any Entrant who does not use the Facebook.com log-in provided on the Website.
  3. ALL SELECTIONS MUST BE MADE PRIOR TO THE NOTRE DAME PLAY-IN GAME ON JULY 23, 2015.
  4. $1,717 shall be awarded to winning Entrant.  
    1. In the Bracket Contest, all Entrants will start with zero (0) points.
    2. The Entrant who accumulates the most points based upon the scoring system described below shall be determined to be the winner.
    3. Points shall be awarded based upon the following standards
      1. 10 points shall be awarded for correctly selecting the winner of the Notre Dame Play-in Game (1 game), to be played on July 23, 2015.
      2. 20 points shall be awarded for each correct selection of the Round of 16 games (8 games), to be played on July 24, 2015.
      3. 40 points shall be awarded for each correct selection of the Regional Championship games (4 games) to be played on July 25, 2015.
      4. 80 points shall be awarded for each correct selection of the Semifinal games (2 games) to be played on August 1, 2015.
      5. 160 points shall be awarded for a correctly selecting the winner of the Championship game (1 game) to be played on August 2, 2015.
    4. Any ties in the Bracket Contest rankings will be broken by the following criteria:
      1. First tie-breaker: The Entrant whose prediction of the final score of the Championship Game aggregates closest to the combined total score of the Championship Game.
      2. Second tie-breaker: The Entrant whose prediction of the final scoring total for the team that wins the Championship Game is closest to the actual final scoring total of the winning team.
      3. Third tie-breaker: The Entrant whose prediction of the final scoring total for the team that loses the Championship Game is closest to the actual final scoring total of the losing team.
      4.  Fourth tie-breaker: The Entrant who first registers and enters the Bracket Contest.
  5. Producer will ATTEMPT TO notify any winning Entrantof his or her prize ELIGIBILITY NO MORE THAN twice, exclusively through email AND/OR FACEBOOK. A winning Entrant will forfeit his or her right to the winning prize upon failing to respond to Producer’s email(s) within seven days (7 days). Producer shall have no responsibility for undelivered emails.
  6. In an effort to ensure the legitimacy of the Bracket Contest, the Producer retains the sole and exclusive authority to exercise its discretion in its review of Entrants’ accounts.  In its discretion, Producer may eliminate or delete Entrants’ accounts that it deems to be fraudulent or created in an effort to deceive or manipulate the application process. In its discretion, Producer may also eliminate any individual Entrant from the Bracket Contest if Producer deems that the individual has attempted to in any way manipulate, cheat, or otherwise falsify any element of the Entrant registration or the Bracket Contest or violates or acts in any manner inconsistent with these official Bracket Contest Rules.
    1. FACEBOOK.COM REGISTRATION SHALL BE THE SOLE AND EXCLUSIVE MEANS OF REGISTERING FOR, ENTERING, AND COMPETING IN THE BRACKET CONTEST. PRODUCER RESERVES THE RIGHT IN ITS DISCRETION TO ELIMINATE OR DELETE ANY ACCOUNT THAT IT IS UNABLE TO VERIFY AND CONFIRM AS LEGITIMATE.
    2. A GM, PLAYER, BOOSTER, COACH OR ANY OTHER PARTICIPANT IN TBT WHOSE TEAM HAS BEEN ELIMINATED FROM TBT SHALL BE ELIGIBLE TO ENTER, COMPETE, AND ASSOCIATE HIMSELF OR HERSELF WITH THE BRACKET CONTEST.
    3. A GM, PLAYER, BOOSTER, COACH OR ANY OTHER PARTICIPANT IN TBT WHOSE TEAM HAS NOT BEEN ELIMINATED FROM TBT SHALL NOT BE ELIGIBLE TO ENTER, COMPETE, OR IN ANY WAY ASSOCIATE HIMSELF OR HERSELF WITH THE BRACKET CONTEST. ANY PARTICIPANT IN TBT WHO COMPETES IN THE BRACKET CONTEST SHALL BE IMMEDIATELY ELIMINATED FROM THE BRACKET CONTEST COMPETITION AND RISKS BANISHMENT FROM TBT.
    4. AN ENTRANT MAY NOT CREATE MORE THAN ONE ENTRY IN THE BRACKET CONTEST. Producer reserves the right in its sole discretion to eliminate duplicate accounts, but does not warrant or ensure that all duplicate accounts will be discovered and eliminated.
  7. By entering the Bracket Contest, an individual assents to being contacted by the Producer, through whatever means available to Producer in order to verify the veracity and legitimacy of the entry.
  8. Any expenses, costs or fees that are involved with or incurred by the entry in this Bracket Contest or the receipt or use of any prize that is awarded in the Bracket Contest and that are not specified above are the sole responsibility of the applicable winner and are not included as part of the prize. Any other details of the prizes in the Bracket Contest that are not specified above will be determined by the Producer in its sole discretion. All prizes in the Bracket Contest are provided “as is”; neither Producer, nor Administrator, nor any third party makes any representation, warranty or guarantee with respect to any prize in the Bracket Contest. Each and any prize that is awarded in the Bracket Contest is non-transferable, non-resalable, non-refundable, non-returnable, non-exchangeable and not redeemable for cash, and each and any prize in the Bracket Contest must be accepted as awarded. No cash substitution(s) or other substitution(s) for any prize in the Bracket Contest may be made, except by Producer, who reserves the right, exercisable in Producer’s sole discretion, to substitute a prize (or component(s) thereof) with another prize (or component(s) thereof) of substantially equal or greater value if the prize (or any component(s) thereof) is not available for any reason. Each prize that is awarded in the Bracket Contest may be reported as income to the recipient thereof, and such individual shall bear sole and full responsibility for the prompt payment and prompt reporting of any and all applicable federal, state and local taxes that may be associated with the receipt and/or use of such prize. In this regard, an IRS Form 1099 may be issued to the recipient of any prize in the Bracket Contest.
  9. PRIVACY AND PUBLICITY: All information submitted by Entrants into the Bracket Contest will be treated according to Producer’s Privacy Policy, available at www.thetournament.com/privacypolicy, and any and all terms and conditions of Facebook’s Privacy Policy and other terms and conditions of use of Facebook as may be found on Facebook.com and elsewhere. Except where prohibited, participation in the Bracket Contest constitutes an Entrant’s consent, irrevocably and without restriction, to Producer’s use of his/her name, likeness (photographic and/or simulated), voice, quotes, statements, opinions, biographical information, and city and state of residence for any and all advertising, marketing, promotional, publicity and other trade purposes, in any and all media (whether now known or hereafter devised) throughout the world, in perpetuity, without any further payment, consideration or approval. Promotion entries will be neither acknowledged nor returned and will become the exclusive property of Producer.
  10. GENERAL CONDITIONS: In the event that the operation, fairness, safety, security or administration of the Bracket Contest is impaired or compromised in any way for any reason, including, but not limited to, actual or perceived fraud, virus, bug, worm or other technical problem, then Producer may, in its sole discretion, either: (a) suspend the Bracket Contest to address the impairment and then resume the Bracket Contest in a manner that best conforms to the spirit of these Rules; (b) terminate the Bracket Contest and award the prize at random from among the eligible entries attained, by eligible entrants in the Bracket Contest, up until the time of the impairment; or (c) modify the Bracket Contest in any manner that Producer reasonably deems fit under the particular circumstances. Producer reserves the right, exercisable in its sole discretion, to disqualify any individual it finds to be tampering with the entry process. Any attempt by any person to undermine the legitimate operation of the Bracket Contest may be a violation of criminal and/or civil laws, and should such an attempt be made, Producer reserves the right (among other remedies) to seek damages from and against any such person to the fullest extent permitted by law. Failure by Producer to enforce any provision of these Official Rules shall not constitute a waiver of that provision, or of any other provision(s) hereof. In the event of a dispute as to the identity of the individual submitting an online registration entry form, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to a Facebook profile or an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.
  11. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Bracket Contest, each entrant agrees irrevocably to discharge, release, defend, indemnify and hold harmless, in perpetuity, Producer, Administrator, and their respective parents, subsidiaries, affiliates, officers, directors, employees, shareholders, agents, successors and assignees (collectively, the “Released Parties”), from and against any and all claims, demands, actions, and causes of action arising out of participation in the Bracket Contest or the receipt or use of any prize, including, but not limited to, any technical error(s) that may prevent an Entrant from submitting, or Producer from receiving,  a registration into the Bracket Contest or receipt or use of any prize. Each entrant further agrees that in any claim, demand, action, or cause of action, the Released Parties’ aggregate liability will be limited to the cost of entering and participating in the Bracket Contest, and in no event shall the Released Parties be liable for any attorneys’ fees. Each entrant forever waives the right to claim, seek or collect any damages whatsoever, including, but not limited to, punitive, exemplary, special, consequential, incidental, direct or indirect damages. For the avoidance of doubt, the Released Parties are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Bracket Contest, (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Bracket Contest; (4) technical or human error which may occur in the administration of the Bracket Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Bracket Contest, receipt or use or misuse of any prize, or from downloading any material from Producer’s website(s), regardless of whether the material was prepared by Producer or a third party, and regardless of whether the material is connected to Producer's website by a hypertext link.
  12. DISPUTES: Except where prohibited by applicable law, each entrant agrees that any and all disputes, claims, demands, actions, and causes of action arising out of, or connected with, the Bracket Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Suffolk County in the Commonwealth of Massachusetts, and each entrant agrees irrevocably to submit to the exclusive personal and subject matter jurisdiction and exclusive venue of such court. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of Producer in connection with the Bracket Contest, shall be governed exclusively by, and construed exclusively in accordance with: (a) the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law or conflict of law rules or principles (whether of the Commonwealth of Massachusetts or of any other jurisdiction) which would result in the application of the laws of any state jurisdiction other than the Commonwealth of Massachusetts; and (b) the federal laws of the United States of America.