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CBSSports.com Fantasy Football Developer Challenge
Official Rules & Participant Release
TO ENTER INTO THIS CONTEST YOU MUST BE A LEGAL RESIDENT OF ONE OF THE UNITED STATES, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE AT DATE OF ENTRY AND BE REGISTERED AS A PREMIUM DEVELOPEROF THE CBSSPORTS.COM WEBSITE. VOID IN PUERTO RICO, ALL US TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW.
The "CBSSports.com Developer Challenge" (the "Contest"), is a Contest in which Participants (as defined below) will submit an original fantasy football sports application for use in computer website (the "Entry") compatible with the CBSSports.com Development Center Platform and CBSSports.com Fantasy Football games. The details on the Entry requirements and how to create and submit an Entry are listed in section 4. The Judges will determine the winner (the "Winner") of the Contest in accordance with the procedure and criteria set forth in paragraph 5, below.
Sponsor, Administrator & Prize Provider: CBS Interactive Inc. ("CBSI"), 1401 W. Cypress Creek Road, Fort Lauderdale, FL 33309
Contest Entities: CBS Interactive Inc., 1401 W. Cypress Creek Road, Fort Lauderdale, FL 33309
2. Eligibility: This Contest is offered and open to persons who are: (a) Registered Users, (b) Premium Developers of the CBSI Service (c) legal residents of the United States, and (d) at least eighteen (18) or age of majority, whichever is older, in state of residence, at the date of entry into this Contest. For purposes of these Official Rules, "Registered User(s)" means a person that has successfully completed the registration form and has obtained an associated password ("Password") on CBSSports.com. If you are not a Registered User you may become a Registered User and obtain an ID and Password by completing the registration form where it says "Register Now". There is no fee to become a Registered User. For the purposes of this Official Rules, "Premium Developer(s)" means a Registered User who has successfully completed the registration form to the CBSSports.com Developer Center on the CBSI Service; there is a Twenty-Five Dollars ($25.00) fee to become a Premium Developer. Premium Developer status gives you access to make your Entry/app available to all CBSSports.com Fantasy users subject to and in accordance with the Terms of Service. For more information on Premium Developers and FAQ's please go to http://developer.cbssports.com/documentation/getting-started#commercial_terms
If you are already a Premium Developer, you are eligible to enter this Contest.
Employees, officers and directors, and their immediate family members, of the Contest Entities, and their parents, affiliated and subsidiary companies are not eligible to participate in this Contest. In addition, an individual is not eligible to participate who has entered into an agreement that would make the Entry on the CBSI Service impossible or subject to third-party approval. For purpose of the foregoing "immediate family" means parents, spouses, domestic partners, children, siblings or any members of the same households of such employees and directors. This Contest is void in Puerto Rico, all US territories and possessions, outside of the U.S. and where prohibited by law.
3. Promotion Period: The Contest begins on June 11, 2012 at 2:00:01 PM Eastern Time ("ET") and ends at 12:59:00 PM ET on September 5, 2012 (the "Promotion Period"). Only eligible Entries uploaded during the Promotion Period will be entered into the Contest and be eligible for the prize (the "Prize(s)"). No Entries will be accepted for consideration after the Promotion Period deadline has passed.
a. Entry must be of original creation;
b. must not include threats to any person, place, business, group or world peace;
c. except for the topic provided by the Contest Entities herein, must not include thoughts, ideas, lyrics, music, sound recordings, video works, audio-visual works (other than as provided in the CBSI Service) or any creative element other criteria set forth herein;
d. must satisfy all eligibility requirements set forth herein; and must be in English and shall not be disparaging, abusive, sexually explicit, sexually suggestive, offensive, illegal, libelous, defamatory, obscene, vulgar, offensive, indecent, in bad taste, reflect negatively on the Contest Entities (or any of them), promote or incite violence, terrorism, or illegal acts, or be otherwise objectionable (all as determined by the Contest Entities in their sole discretion).
Additionally, the Entry must not: i) infringe any third party's rights, including, without limitation, copyright, trademark, right of publicity, right of privacy or trade secret and, must not in any way violate applicable laws and regulations; and ii) contain any commercial content that promotes any product or service or contain or reference any third party names, logos, service marks, trademarks, trade names or trade dress; iii) must function across all browsers; iv) must comply with any and all user's requirements specified in the Terms of Service.
The determination of whether an Entry violates any of the above prohibitions shall be within the Contest Entities' sole discretion. If an Entry is deemed by the Contest Entities to violate any such prohibition(s), the Entry shall be disqualified, removed from the CBSI Service, and the Participant shall not be eligible to win the Prize.
By sending your Entry, you grant the Contest Entities a worldwide, license to publish and perform publicly the Entry on the CBSI Service subject to and in accordance with the Terms of Service and such other media and platforms as the Contest Entities may determine. Contest Entities reserve the right to reproduce the Entry in full (or to not reproduce any particular Entry at all). Contest Entities are authorized to use or not use the Entry as they see fit, including usage in advertising. All Entries uploaded will not be returned to Participant.
Administrator will not be responsible for lost, stolen or misplaced entries. Participant may submit as many original Entries as they wish. Contest Entities reserve the right to disqualify any Entry from the CBSI Service at any time during or after the Promotion Period and for any reason or for no reason at all in Contest Entities' sole discretion.
As part of the registration process for participation in the Contest, Participant will be required to click where indicated to signify that Participant has read, accepted and agreed to be bound by these Official Contest Rules and Release and the terms hereunder, including but not limited to the releases of liability and licenses granted herein, including the decisions of the Administrator and/or the Contest Entities, or any of them, which are final and binding in all respects.
5. Winner Selection/Judging: A panel of judges (the "Judging Panel") will review all Entries, as they are uploaded, to ensure compatibility with the system and this Official Rules. Once the Promotion Period has ended, the Judging Panel will select the potential Prize Winner from among all eligible Entries on the basis of the criteria herein. The Winner shall be selected on or around 9/29/12. The Judging Panel will be comprised of representatives of the Contest Entities, whose decisions will be final and binding in all respects. The Judging Panel will judge the Entries based on the following criteria: Originality of Concept (20%), design and visual appeal (20%), utility (20%), Fantasy value (20%); and market potential (20%). In the event an exact duplicate Entry is submitted, only the first such Entry received will be considered. All Entries must be submitted by the end of the Promotion Period in order to be eligible. Any Entry submitted after this deadline will not be considered as an eligible Entry into the Contest and will not be eligible for the Prize.
6. Prizes; Prize Restrictions: The Contest shall award three (3) Prizes that consist of: one (1) Grand Prize of a check for Sixty Thousand Dollars (US$60,000.00); one (1) First Prize of a check for Ten Thousand Dollars (US$10,000.00); and one (1) Second Prize of a check for Five Thousand Dollars (US$5,000.00). Total approximate retail value of the Prizes is Seventy Five Thousand Dollars (US$75,000.00).
Prize Restrictions: All taxes, including but not limited to federal, state, local, income and other taxes are the sole responsibility of the Prize Winner. No assignment, transfer or substitution of the Prize is permitted. Prize is solely for personal use and may not be used in conjunction with any other promotion. All other costs and expenses not specified herein, if any, are the responsibility of the Prize Winner. Contest Prize's details are at the sole discretion of the Contest Entities.
Potential Winner will be notified by email and/or by phone, on or about September 30, 2012. If the potential Winner cannot be reached after a reasonable effort has been made during five (5) days from the first notification attempt, such person may be disqualified and an alternate Winner shall be selected in accordance with these Official Rules. Only two attempts for new alternates will be conducted. If attempts fail, unclaimed Prize will not be awarded.
7. Affidavit of Eligibility/Liability Release and Publicity Release/Publicity Release Terms: Winner will be required to complete, execute and return an Affidavit of Eligibility/Liability Release, and where lawful, a Publicity Release (collectively, the "Release Forms") within two (2) days of receipt of such Release Forms. Failure to return Release Forms in a timely manner, or if notification is returned as non-deliverable, or if Winner is found not to be eligible or not in compliance with these Official Rules, may result in disqualification with an alternate Winner selected in accordance with these Official Rules. Except where prohibited by law, the Winner's acceptance of the Prize constitutes permission for the Contest Entities to use 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.
8. Improper Conduct: Administrator or the Contest Entities, or any of them, in their sole discretion, may disqualify any Participant from participation in or use of any or all portions of this Contest, if Participant engages in any conduct Administrator deems to be improper, unfair or otherwise adverse to the operation of the Contest or detrimental to other Participants of the Contest or to any person or third-party. Such improper conduct includes, without limitation, falsifying personal information required during Participant registration, violating any term or condition stated herein, including but not limited to the requirements in Rule 4 of these Official Rules, accumulating entries through methods such as automated computer scripts or any other programming techniques, allowing others to use Participant's personal information for the purpose of accumulating entries, or intentionally trying to defraud, reverse engineer, disassemble or otherwise tamper with the computer programs in connection with this Contest. Participant acknowledges that Administrator may pursue other avenues of recourse such as criminal or civil proceedings in connection with such conduct. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EACH OF THE CONTEST ENTITIES RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Integrity of Contest: If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Administrator, in its sole opinion believes could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Administrator and/or the Contest Entities, or any of them, reserve the right at its sole discretion to cancel, terminate, modify or suspend this Contest and select the Winner from entries received prior to the action taken or in such other manner as Administrator may deem fair and appropriate.
10. Lost or Corrupted Entries: The Contest Entities, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, shareholders, partners, members, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, 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 Contest 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 Contest, 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 Contest.
11. Damaged Property: Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, officers, directors, agents, co-branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, 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 Participants or to any other person's computer or property related to or resulting from participating in this Contest or downloading materials from this Contest.
12. Contest Errors: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, shareholders, partners, members, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, 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 Contest; (b) in any related advertising or promotions of this Contest; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Administrator and the Contest Entities, or any of them, 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 Contest.
13. Winner: The Contest Entities and their parents, affiliated and subsidiary companies and advertising and promotion agencies, as well as all of the foregoing affiliates, officers, directors, agents, co- branders, or other partners, employees, governors, trustees, and volunteers, and their respective successors and assigns, assume no liability and are not responsible for, and you/Participant hereby forever waive/s any rights to any claim in connection with, the selection and announcement of the Winner, and/or any injury or damage to any Participant's or third person's property related to or resulting from any part of this Contest.
14. Limitation of Liability: IN NO EVENT WILL THE CONTEST ENTITIES, 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 CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST. 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.
15. Disclaimer of Warranties: THE CONTEST AND PRIZE 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.
16. Identity Disputes: In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared made by the Authorized Account Holder of the email address submitted at time of entry. For purposes of these Official Rules, "Authorized Account Holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
17. Binding Arbitration: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules and/or this Contest. Any controversy or claim arising out of or relating to these Official Rules and/or this Contest 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 New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
18. Governing Law and Jurisdiction: This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Participant and Administrator in connection with this Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 17 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York.
19. Winner List/Official Rules: For the name of the Winner send a self addressed stamped envelope for receipt by October 30, 2012 to "Winner's list: CBSSports.com Fantasy Football Developer Challenge" CBS Interactive Inc., 1401 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 Fantasy Football Developer Challenge" for receipt by September 20, 2012; residents from VT may omit postage on the self addressed envelope. The full name of the Winner may be posted and the Official Rules will be posted on the CBSI Service.