Bracket Challenge for Charity
OFFICIAL EVENT RULES
DONATION TO A CHARITY IS NOT REQUIRED FOR ENTRY.
THE FOLLOWING CHALLENGE IS INTENDED FOR ENTRY TO ANY ELIGIBLE PARTICIPANT (“SUPPORTER”). THE CHALLENGE SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. TO BE ELIGIBLE TO PARTICIPATE, YOU MUST: (A) BE 18 YEARS OF AGE OR OLDER, AND (B) HAVE INTERNET ACCESS PRIOR TO THE START OF THE ENTRY WINDOW AND (C) HAVE A VALID EMAIL ADDRESS DURING THE ENTRY WINDOW. REFER TO RULE 1 BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.
CHALLENGE ENTRY BRACKETS WILL BE ACCEPTED FROM AN UNLIMITED AMOUNT OF ENTRANTS WHO COMPLETE STEPS IN THE CREATING ENTRIES SECTION BELOW (THE “REGISTRATION PROCESS”), AS DETERMINED BY FUNDBRACKETS.COM (“FUNDBRACKETS.COM”).
ENTRY IN THIS CHALLENGE CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING.
Eligibility. Except where prohibited by law, the Bracket Challenge for Charity (“Challenge”) is open to any individual who: (a) are 18 years of age or older as of the time of entry, (b) has Internet access prior to the start of the Entry Window and, (c) has a valid and working email address during the Entry Window. Internet access is defined to include owning a computer or mobile device with access to the Internet or the ability to use a free computer/mobile device and Internet access provided by a third-party, such as a public library. Refer to the bracket challenge host website, located at www.Fundbrackets.com (the “Website”) for any additional requirements. Participants in the 2016 Division I men’s basketball tournament (“Tournament”), including players, coaches, and officials, as well as employees of the National Collegiate Athletic Association (“NCAA”), and all of their immediate family members (parents, children, siblings or spouse regardless of where they live, or persons living in same household, whether related or not), are also not eligible to enter. Other eligibility requirements and conditions of participation are set forth below in these official rules for the Challenge (“Official Rules”). This Challenge is subject to all federal, state, municipal, and local laws and regulations. Void in Puerto Rico, the U.S. Virgin Islands, all other U.S. territories and possessions, and where prohibited by law.
Registration and Entry Window. The “Entry Window” for the Challenge opens (“Start Date”) at 11:50 p.m. U.S. Mountain Standard Time (“MST”) on March 13, 2016. The period between the Seeding Announcement and the end of the “Entry Window” is referred to in these Official Rules as the “Bracket Submission Period.” The Entry Window will close at 9:50 a.m. MST on March 17, 2016.
How to Enter. To enter the Challenge, eligible individuals (“Entrant” or “Entrants”) must complete the following Registration Process.
Challenge Entry Bracket. If the Bracket Submission Period for the Challenge is open, you may create your bracket for the Challenge (a “Challenge Entry Bracket” or “Entry”). You may edit your Picks in your Challenge Entry Bracket at any time up until the Participant Registration Form (“Registration Form”) has been submitted. Once the Registration Form has been submitted, the Challenge Entry Bracket is locked. Continue to Participant Registration Form below to learn how to fill out and submit your Registration Form.
Participant Registration Form. Entrants must visit the event Website, available at www.bracketchallengeforcharity.com or www.fundbrackets.com/bracket-challenge-for-charity, and make their picks prior to completing their registration form with Fundbrackets.com for the Challenge. To complete the Registration Form, Entrants will be required to select a charity on behalf of which they are submitting their bracket, enter a Public Display Name, first name, last name, and email address, which Entrants acknowledge shall be considered Entrant’s contact information for purposes of the Challenge.
Filling Out and Submitting Your Challenge Entry Bracket: The seedings for the Tournament will be posted on the Website shortly after the Seeding Announcement. At that time, you must return to the Website during the Bracket Submission Period to populate your Challenge Entry Bracket with your Picks. You will then need to complete and submit the registration form to finalize your Challenge Entry Bracket. Note that the “play-in” games scheduled for March 15, 2016 and March 16, 2016, are not included in the Challenge Entry Brackets, and do not count towards an Entrant’s scores in this Challenge.
A user who has submitted the foregoing materials in keeping with the deadlines described in these Official Rules, and who is otherwise in full compliance with the eligibility restrictions and all other provisions of these Official Rules, is referred to as a qualifying Entrant. You have until the close of the Entry Window to create your Challenge Entry Bracket, complete your Picks, and make revisions to your Challenge Entry Bracket. REGARDLESS OF THE EXTENT TO WHICH IT HAS BEEN COMPLETED, YOUR CHALLENGE ENTRY BRACKET WILL NOT BE ENTERED INTO THE CHALLENGE IF THE PARTICIPANT REGISTRATION FORM IS INCOMPLETE AT THE END OF THE ENTRY WINDOW.
In the event that one or more teams participating in the Tournament change(s) for any reason after the initial Tournament seedings have been posted on the Website, the Website will be updated to reflect the changed team(s), and will make a reasonable attempt to notify Entrants of the changed bracket by posting a notice of the change(s) on the Website. At that point, it is the Entrant’s responsibility, prior to the end of the Entry Window, to return to the Website to modify his/her Challenge Entry Bracket for any game(s) affected by the changed teams. Fundbrackets.com will automatically update any Picks in order to reflect the change in teams, so any previously selected Picks affected by a change in teams will be treated as final and Entrants release Challenge Entities from all liability in connection therewith.
For purposes of these Official Rules, “receipt” of an Entry only occurs when Fundbrackets.com servers record an Entrant’s registration information and Challenge Entry Bracket during the Entry Window, and Challenge Entities shall have no liability whatsoever for any attempted entry which is not received as set forth herein. Screen shots, printouts or other purported “proof” or “evidence” of entry or winning, in lieu of Fundbrackets.com validation process, shall not be binding. Proof of sending (such as an automated receipt, screen shots, etc.) does not constitute proof of actual receipt of an Entry for purposes of these Official Rules.
The submission of an Entry is solely the responsibility of the Entrant. Entries may only be made according to the methods described above. Automated entries (including, but not limited to, entries submitted using any bot, script, macro, hack, or submission service), copies, third party entries, facsimiles and/or mechanical reproductions are not permitted, will be null and void, and any Entrant attempting to automate entries will be disqualified from the Challenge. Unintelligible, incomplete or garbled entries will be null and void and are not eligible entry into the Challenge. By entering, Entrants acknowledge that the Challenge Entities do not warrant or represent that the Challenge will be completely error or fraud free or that the Challenge will run without interruption, malfunction or technological issue. Challenge Entities are not responsible for misdirected, incomplete, lost, late, undelivered, inaccurate or delayed Entries, or Challenge Entry Brackets otherwise not recorded by Fundbrackets.com servers, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems which may limit or affect a person’s ability to participate in the Challenge, whether human, mechanical, typographical, printing, fraudulent, electronic, network or otherwise, relating to or in connection with the Challenge, including, without limitation, errors that may occur in connection with the administration of the Challenge, the processing of Entries, the announcement of winners or fulfillment of prize award, or in any Challenge-related materials. Fraudulent, unfair, unsportsmanlike, false or deceptive Entries or acts will render the Entrant ineligible. All Entries become the property of Fundbrackets.com, and none will be acknowledged or returned. Notwithstanding any of the foregoing, Challenge Entities failure to detect fraud and/or invalidate Entries as set forth herein, shall not constitute a breach of these Official Rules, or unfair or deceptive practice and/or violation of any Entrant’s rights.
Fundbrackets.com reserves the right to modify the entry process as described herein in its sole discretion and notice will be posted on the Website reflecting same.
Scoring. The Challenge scores all Picks in an Entrant’s Challenge Entry Bracket exclusively on the basis of the scoring system (“Scoring System”) outlined in this Rule 4. Under the Scoring System, Entrants will earn points (“Points”) by correctly predicting the winning teams in the 63 games of the Tournament. The number of Points awarded for each correct pick of a winning game of the Tournament will increase with each round of the Tournament. The Points earned through the end of the Tournament will be totaled and, if applicable, multiplied to generate an Entrant’s total score. The Points earned on behalf of charity, including points multiplied, through the end of the Tournament will be totaled to generate a Charity’s total score. The Points that will be awarded for each Tournament round in this Challenge are set forth below:
|Second Round (Round of 64):||1 Point for each correct prediction|
|Third Round (Round of 32):||2 Points for each correct prediction|
|Fourth Round (Round of 16):||4 Points for each correct prediction|
|Fifth Round (Round of 8):||8 Points for each correct prediction|
|Sixth Round (Semi-Final):||16 Points for each correct prediction|
|National Championship (Final):||32 Points for each correct prediction|
Multipliers. Entrants can multiply the Points earned for each correct pick of a winning game of the Tournament by making a direct donation through the fundbrackets.com website to one (1) of the Participating Charities and entering the Multiplier Code into the Event Website. Donation option category page can be found at http://fundbrackets.com/multipliers. Upon completion of the donation transaction, the Entrant will receive a Multiplier Code via email. The Multiplier Code can be entered into the event website, www.bracketchallengeforcharity.com, during the Entry Window. IT IS THE RESPONSIBILITY OF THE ENTRANT TO ENTER THE MULTIPLIER CODE INTO THE EVENT WEBSITE, WWW.BRACKETCHALLENGEFORCHAIRTY.COM, DURING THE ENTRY WINDOW. FUNDBRACKETS.COM RESERVES THE RIGHT TO ACCEPT OR DENY MULTIPLIER CODES AFTER THE ENTRY WINDOW HAS CLOSED. The Multipliers for each donation amount are set forth below:
In addition to these Official Rules, additional rules and guidelines regarding game play and scoring can be found at the Website. In the event of a conflict between these Official Rules and any instruction found elsewhere, including the Website, these Official Rules will control.
Winner Selection. On or about April 12, 2016, representatives of Fundbrackets.com will determine a winning charity based upon the total points scored, including points multipied, from the combined qualifying Challenge Entry Brackets received on behalf of each charity during the Bracket Submission Period from qualifying Entrants in accordance with these Official Rules and the Scoring System. All Point calculations and awards will be made solely and exclusively by Fundbrackets.com, in its sole discretion, and all decisions of Fundbrackets.com regarding the awarding of Points to Entrants shall be final and binding in its reasonable discretion and are not subject to appeal. The result of any game in the Tournament shall be deemed final based on the results certified by the NCAA prior to the commencement of the immediate next game in the Tournament, unless the NCAA undertakes review of the results of said game, in which case the NCAA’s final decision shall be determinative. If any scheduled game in the Tournament is not played for any reason, or if the Tournament seedings, matchups, or brackets are modified, altered or rearranged after the close of the Entry Window for any reason, winning brackets will still be acknowledged as set forth herein.
In the event of a tie, both charities shall be deemed the winner and split the prize (if any).
Winner Notification and Verification. Receiving a Prize is contingent upon compliance with these Official Rules, including all eligibility requirements. The potential Winner(s) will be notified within eight (8) days after the championship game on April 4, 2016. The Winner(s) will be notified by telephone or email using the telephone number (if any) or email address provided.
Conditions, Disclaimers, and License. By entering the Challenge, each Entrant agrees that: (a) he or she will abide by and be bound by these Official Rules; (b) the Entry, including any comments submitted, becomes solely the property of Fundbrackets.com and will not be acknowledged or returned; (c) Challenge Entities are not responsible for claims, injuries, death, losses or damages of any kind resulting from participation or inability to participate in the Challenge, or the administration of the Challenge, or the awarding, acceptance, use, misuse, possession, loss or misdirection of Registration Information (defined below); and (d) by entering the Challenge, all Entrants further agree that Challenge Entities have the sole right to decide all matters relating to the Challenge, including fact, interpretation, eligibility, procedure, fulfillment, and disputes from the Challenge. Fundbrackets.com and Woobox are not sponsors of this Challenge.
Release of Liability. Although Challenge Entities attempt to ensure the integrity of the Challenge, the Challenge Entities are not responsible for, nor can they control or prevent with 100% accuracy, the actions of Entrants or other individuals in connection with the Challenge, including attempts by Entrants or other individuals to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Challenge, or for any technological malfunctions which may occur on the Challenge Microsites and all webpages hosted by Fundbrackets.com or Woobox for the Challenge or otherwise with regard to the Challenge, including but not limited to any loss or corruption of any Registration Information and all Entrants release Challenge Entities from any and all liability, claims, or damages relating thereto. If, for any reason, the Challenge is not capable of running as planned by reason of damage by acts of God, sabotage, terrorism or threats thereof, computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, bankruptcy or liquidation, marketplace demands, applicable law, unforeseen obstacles, or any other causes which, in the sole opinion of Fundbrackets.com, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Challenge, Challenge Entities reserve the right in their sole and absolute discretion to modify these Official Rules, and/or to cancel, terminate, modify or suspend all or any part of the Challenge, and in the event of cancellation or termination, to elect to select Winner(s) from among all eligible non-suspect Entries received up to the time of such cancellation, termination, modification, or suspension, as applicable and all Entrants hereby release Challenge Entities for any claims relating thereto. Notice of such cancellation, termination, modification, or suspension will be posted on the Website. Fundbrackets.com will prohibit any Entrant or potential Entrant from participating in the Challenge, if such Entrant or potential Entrant shows a disregard for these Official Rules, acts with an intent to annoy, abuse, threaten, or harass any other Entrant or Challenge Entities or behaves in any other or disruptive or fraudulent manner (as determined by Fundbrackets.com in its sole discretion). Fundbrackets.com will disqualify any individual found to be: (a) tampering or attempting to tamper with the entry process or the operation of the Challenge, the Websites, Participant Registration Form, the Challenge or the Tournament; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Fundbrackets.com property or service; or (d) acting in a fraudulent, misleading, deceptive, unfair, unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
The Official Rules will be posted on the Website throughout the Entry Window. By entering and participating in the Challenge, each Entrant represents and warrants that all information provided by Entrant in the Challenge, including on the Participant Registration Form or Challenge Entry Bracket (“Registration Information”) is true, accurate and complete. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF THESE OFFICIAL RULES, AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD FUNDBRACKETS.COM BELIEVE OR BECOME AWARE THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, FUNDBRACKETS.COM AND CHALLENGE ENTITIES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitations on Liability. Neither Sponsor nor any of the Challenge Entities, including Fundbrackets.com and Woobox, shall be liable to any Entrant, potential winner or verified Winner or any other person for failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, fraud or attempted fraud, mistakes, data loss, data corruption, technological or human error or malfunction, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s and/or Challenge Entities’ sole control.
Release and Indemnification. BY ENTERING THE CHALLENGE, ENTRANTS RELEASE AND HOLD FUNDBRACKETS.COM AND THE CHALLENGE ENTITIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CHALLENGE OR PARTICIPATION IN ANY CHALLENGE-RELATED ACTIVITY, INCLUDING WITHOUT LIMITATION, ACCESS TO ANY MATERIALS, ANY FRAUD OR ATTEMPTED FRAUD, MISTAKE, DATA LOSS, DATA CORRUPTION, TECHNOLOGICAL OR HUMAN ERROR OR MALFUNCTIONS, OR RESULTING DIRECTLY OR INDIRECTLY, FROM ADMINISTRATION OF THE CHALLENGE, ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CHALLENGE, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
Applicable Law/Disputes. Except where prohibited, as a condition of participating in this Challenge, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Challenge, or any Prize awarded, or the determination of Winners, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-pocket expenses (e.g., costs associated with entering this Challenge). Entrant further waives all rights to have damages multiplied or increased. All issues and questions, rights, and obligations of an Entrant in connection with this Challenge shall be governed by, and construed in accordance with, the laws of the Colorado, 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 these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Denver, Colorado (provided that such location is reasonably convenient for claimant, and if not, as determined by the arbitrator). The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Challenge. Any controversy or claim arising out of or relating to these Official Rules and/or this Challenge shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). 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 Denver, Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fundbrackets.com will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision [Rule 16(c)] is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by AAA, then the balance of this arbitration provision [Rule 16(c)] shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CHALLENGE IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CHALLENGE, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CHALLENGE, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
Official Rules. By participating in the Challenge, each Entrant fully and unconditionally agrees to and accepts these Official Rules and decisions of the Fundbrackets.com, which are final and binding in all matters relating to the Challenge. The Challenge will be run in accordance with the Official Rules, subject to amendment by Fundbrackets.com. Each Entrant must comply with the Official Rules and will be deemed to have received and understood the Official Rules by participating in the Challenge. The terms of the Challenge, as set out in the Official Rules, are not subject to amendment or counteroffer, unless determined by Fundbrackets.com in its sole discretion. If any provisions of the Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. Challenge Entities’ failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
Non-Affiliation Disclaimer. The Challenge is not in any way affiliated with, or endorsed by, NCAA Basketball or its institutions.