“The Basketball Tournament”
OFFICIAL FAN CONTEST RULES & REGULATIONS
NO PURCHASE NECESSARY TO ENTER OR WIN

The following sets forth the rules and regulations (the “Fan Contest Rules”) that will apply to The Basketball Tournament’s Fan Contest (the “Fan Contest”) which is being produced by TBT Enterprises, LLC (“Producer”). The Fan 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 Fan Contest and the Fan Contest Rules, including without limitation to make changes to the Rules and the Fan 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. 1. For purposes of the Fan Contest, a “Fan” is defined as an individual who registers as a Fan on the Producer’s website (www.TheTournament.com) (“Website”) and who “votes” for his or her favored Team or Teams on the Website. To win, and to be considered a Fan, an individual who has registered on the Website MUST CAST A VOTE FOR HIS OR HER FAVORED TEAM OR TEAMS BY July 8, 2017 at 8:00 am (ET). Registration is absolutely free and is limited to legal residents of the United States of America, Canada, and Australia who are 18 years of age or older as of July 8, 2017.
  2. 2. ACCRUING POINTS
    1. a. Each Fan will receive one (1) point for each vote he or she casts, up to a limit of four (4) votes.
      1. i. If a Fan decides to cast more than one vote, THE VOTES MUST NOT BE DUPLICATE (i.e. If a Fan casts four (4) votes, the votes must be for four (4) different teams; three (3) votes, for three (3) different teams; two votes for (2) different teams.)
      2. ii. Each fan will be permitted to vote once during the application period, which runs from 12:00 pm (NOON) (ET) on April 1, 2017 to 12:00 pm (NOON) (ET) on June 1, 2017.
      3. iii. Each fan may cast up to three (3) additional votes for up to (3) different teams between 12:00 pm (NOON) (ET) on June 1, 2017 and 8:00 am (ET) on July 8, 2017.
    2. b. Fans will be able to “recruit” other individuals to vote on the Website. (Herein, “Recruiter” will refer to the Fan who recruits; “Recruit” will refer to the individual who is recruited). RECRUITERS WILL ONLY RECEIVE POINTS WHEN THEIR RECRUITS SUCCESSFULLY VOTE ON THE WEBSITE USING A LINK PROVIDED BY THE RECRUITER.
      1. i. THE ONLY WAY FOR A FAN TO RECEIVE CREDIT (POINTS) FOR RECRUITING OTHER VOTES SHALL BE THROUGH THE USE OF SPECIFIC SHARING TOOLS ON THE WEBSITE OR THROUGH THE USE OF A SPECIFIC CODE PROVIDED BY THE PRODUCER ON THE WEBSITE. THE PRODUCER WILL NOT CREDIT, AND WILL BE UNABLE TO CREDIT, ANY FAN WHO DOES NOT USE THE SPECIFIC SHARING TOOLS AND/OR THE SPECIFIC CODE PROVIDED ON THE WEBSITE.
    3. c. Each recruiting Fan (a Recruiter) will receive one (1) point for each vote his or her Recruit casts.
      1. i. For example: If a Recruit casts one (1) vote, the Recruiter will receive one (1) point; if a Recruit casts two (2) votes, the Recruiter will receive two (2) points, and so forth.
    4. d. Each Fan will receive TWENTY (20) points by entering TBT’s 2017 Bracket Challenge.
      1. i. FANS MUST ENTER TBT’S 2017 BRACKET CHALLENGE (“the Bracket Challenge”) USING THE SAME EMAIL ADDRESS WITH WHICH THEY REGISTERED AS FANS ON WWW. THETOURNAMENT.COM.
      2. ii. The Producer shall NOT award any points to Fans who do not enter the Bracket Challenge using the same email address with which they registered on www.thetournament.com and nor shall the Producer make any effort to reconcile any sort of point discrepancies that may arise as a result of a Fan’s registering for the Bracket Challenge with an email address different from that which they used to register on www.thetournament.com.
      3. iii. Fans may register for the Bracket Challenge using their Facebook logins; however, the email address associated with the Facebook login MUST match the email address that was used to register on www.thetournament.com.
      4. iv. To receive the twenty points for entering the Bracket Challenge, Fans MUST CAST A VOTE FOR HIS OR HER FAVORED TEAM OR TEAMS BY July 8, 2017 at 8:00 am (ET)
  3. 3. In the 2017 Fan Contest, all Fans will start with zero (0) points, irrespective of how many Fans an individual may have recruited in previous years or how many points that Fan may have accumulated in previous Fan Contests or Sweepstakes.
  4. 4. All Fans who have successfully completed all requirements of registration and who have voted for a Team or Teams by 8:00 am (ET) on July 8, 2017 will be ranked by Team on the Website in the order of how many Points each Fan has accrued on the Website.

Fans will not be permitted to withdraw their votes after casting them, even if the Team (or Teams) for which the Fan has voted do not ultimately participate in TBT.

  1. 5. A registered Fan does not have to have voted for a Team to recruit and to accrue points, but must have voted for a Team or Teams before July 8, 2017 at 8:00 am (ET) to be eligible to win. A FAN WHO HAS NOT VOTED WILL NOT APPEAR ON ANY TEAM’S RANKINGS UNTIL HE OR SHE VOTES AND WILL NOT BE ELIGIBLE TO WIN ANY PRIZES UNTIL HE OR SHE VOTES.
  2. 6. As described in the tournament’s Rules, Fans are considered members of the Team they have chosen to support (i.e. the Team or Teams they have voted for) as of July 8, 2017 at 8:00 am (ET). REGISTERED INDIVIDUALS WHO HAVE NOT VOTED BY JULY 8, 2017 AT 8:00 am (ET) WILL NOT BE ELIGIBLE TO WIN ANY PRIZE.
  3. 7. Up to $200,000 shall be awarded to the Fans of the winning Team as follows:
    1. a. The Fan of the winning Team who accrues the most points as of July 8, 2017 at 8:00 am (ET) will be eligible to receive $20,000; Fans ranked 2-5 (4 total Fans) will be eligible to receive $10,000 each; Fans ranked 6-20 (15 total Fans) will be eligible to receive $4,000 each; Fans ranked 21-100 (80 total Fans) will be eligible to receive $1,000 each.
    2. b. Any ties in Fan rankings will be broken by the Fan who voted for the winning team first in time.
  4. 8. PRODUCER WILL ATTEMPT TO NOTIFY ANY WINNING FAN OF HIS OR HER PRIZE ELIGIBILITY NO MORE THAN TWICE, EXCLUSIVELY THROUGH EMAIL. A winning Fan will forfeit his or her right to a winning prize upon failing to respond to Producer’s email(s) within seven days (7 days). Producer shall have no responsibility for undelivered or undeliverable emails.
  5. 9. Fans of a Team that has entered as a Charity under Section III of the tournament Rules will be eligible to receive the prize money as described above in Paragraph 8(a) and elsewhere.
  6. 10. In an effort to ensure the legitimacy of the winner selection process, the Producer retains the sole and exclusive authority to exercise its discretion in its review of Fan accounts. In its discretion, Producer may eliminate or delete Fan 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 Fan from receiving a prize if Producer deems that the individual has attempted to in any way manipulate, cheat, or otherwise falsify any element of the Fan registration or voting process or violates or acts in any manner inconsistent with these official Fan Contest Rules.
    1. a. Fan and Participant accounts MUST BE CREATED WITH TRUE, CURRENT, AND ACCURATE FIRST NAMES AND LAST NAMES AND ALL OTHER BIOGRAPHICAL INFORMATION PROVIDED MUST BE ACCURATE AND VERIFIABLE. PRODUCER RESERVES THE RIGHT IN ITS DISCRETION TO ELIMINATE OR DELETE ANY ACCOUNT THAT IT IS UNABLE TO VERIFY AND CONFIRM AS LEGITIMATE.
      1. i. The Website will only display a Fan’s First Name and Last Initial.
    2. b. A GM, PLAYER, BOOSTER, OR COACH MAY NOT ALSO BE A FAN OF HIS OR HER TEAM. ANY GM, PLAYER, BOOSTER, OR COACH WHO IS FOUND TO HAVE CREATED FAN ACCOUNTS IN VIOLATION OF THESE RULES OR THE TOURNAMENT RULES RISKS ELIMINATION FROM THE TOURAMENT, SUSPENSION, OR ANY OTHER PUNITIVE ACTION WITHIN PRODUCER’S DISCRETION.
    3. c. A FAN MAY NOT CREATE MORE THAN ONE ACCOUNT IN SUPPORT OF HIS OR HER TEAM OR ANY OTHER TEAM. 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. 11. By creating a Fan account, 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 Fan’s account.
  8. 12. Any expenses, costs or fees that are involved with or incurred by the entry in this Fan Contest or the receipt or use of any prize that is awarded in the Fan 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 Fan Contest that are not specified above will be determined by the Producer in its sole discretion. All prizes in the Fan 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 Fan Contest. Each and any prize that is awarded in the Fan Contest is non-transferable, non-resalable, non-refundable, non-returnable, non-exchangeable and not redeemable for cash, and each and any prize in the Fan Contest must be accepted as awarded. No cash substitution(s) or other substitution(s) for any prize in the Fan 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 Fan 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 Fan Contest.
  9. 13. PRIVACY AND PUBLICITY: All information submitted by Fans into the Fan Contest will be treated according to Producer’s Privacy Policy, available at www.TheTournament.com/privacy-policy. Except where prohibited, participation in the Fan 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. 14. GENERAL CONDITIONS: In the event that the operation, fairness, safety, security or administration of the Fan 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 Fan Contest to address the impairment and then resume the Fan Contest in a manner that best conforms to the spirit of these Official Rules; (b) terminate the Fan Contest and award the above-listed prizes at random from among the eligible entries attained, by eligible entrants in the Fan Contest, up until the time of the impairment; or (c) modify the Fan 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, the “fan” designation process, the Recruiting process, or the operation of the Fan Contest or to be acting in violation of these Official Rules or in an abusive, harassing, threatening, unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Fan 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 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. 15. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Fan 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 Fan Contest or the receipt or use of any prize, including, but not limited to, any: (a) technical error(s) that may prevent an entrant from submitting, or Producer from receiving, (i) a registration into the Fan Contest, (ii) an entrant’s invitation to a Recruit to register for the Fan Contest, or (iii) an entrant’s request to become a “fan” of or to vote for a certain basketball team participating in the Tournament; (b) unauthorized human intervention in the Fan Contest; (c) printing errors; (d) lost, late, postage-due, misdirected, indecipherable or undeliverable mail or email; (e) errors in the administration of the Fan Contest or in the processing of (i) registration entries, (ii) an entrant’s invitation to a Recruit to register for the Fan Contest, or (iii) an entrant’s request to become a “fan” of or to vote for a certain basketball team participating in the On-Court Tournament; or (f) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an entrant’s participation in the Fan 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 Fan 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 Fan 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 Fan Contest; (4) technical or human error which may occur in the administration of the Fan 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 Fan 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. 16. 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 Fan 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 Fan 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.