Men's Tournament Challenge 2022 Official Rules
To enter this Promotion, you must agree to and abide by these official rules ("Official Rules").
NO PURCHASE NECESSARY. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE'S CHANCES OF WINNING. UNLESS OTHERWISE SPECIFIED IN SECTION 3 BELOW, VOID IN PUERTO RICO, OTHER U.S. TERRITORIES AND FOREIGN TERRITORIES, QUEBEC AND WHERE PROHIBITED BY LAW.
1. SPONSOR: Disney Streaming Services LLC ("Sponsor"), 500 South Buena Vista Street, Burbank, California 91521, is solely responsible for all aspects of this promotion. Any advertisers associated with the Promotion, if any, shall be deemed a "Promoter" for purposes of these Official Rules. The Promotion is designed to advertise and promote Sponsor's business activities and is not gambling. This Promotion is not endorsed by, associated with, or sponsored by, the National Collegiate Athletic Association, its members or partners.
2. ADMINISTRATOR. This promotion will be administered by Probability LLC., 2 Woodstock Meadows Ln, PO Box 1484, Woodstock, NY 12498 (the "Administrator").
3. ELIGIBILITY. The 2022 Men's Tournament Challenge (the "Promotion") is open only to legal residents of the 50 United States, District of Columbia and Canada (excluding Quebec), who are at least eighteen (18) years or older (or the age of majority in their jurisdiction of residence, whichever is older) as of the date of entry. The following are not eligible to participate in the Promotion or win the Grand Prize: (i) employees and agents of Sponsor, Promoter, Administrator, each of their respective parent, subsidiary and affiliated companies, and each of their respective advertising/promotion agencies; and (ii) the "immediate family members" and/or "household members" of any of the persons set forth in (i) above. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings or spouses. "Household members" shall mean people who share the same residence at least three (3) months a year. In addition, persons who are currently involved in any capacity in any collegiate basketball program (including but not limited to college basketball players, coaches and their staffs) are not eligible to participate in the Promotion or win the Grand Prize. If you are a college athlete or expect to be one, participating in this Promotion could affect your eligibility. This Promotion is void in all U.S. Territories (e.g., Puerto Rico and Guam), foreign territories not specifically included herein, and where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
4. PROMOTION TIMING: Registration for entry in the Promotion begins on Thursday, February 17, 2022 at 12:00 PM (noon) ET and ends on Thursday, March 17, 2022 at 12:00 PM (noon) ET ("Entry Period"). All entries must be received during the Entry Period. The Promotion is the 2022 Division I Men's College Basketball Tournament taking place in March/April 2022 (the "Tournament") that consists of six (6) rounds (each a "Round", and collectively, the "Rounds") of games ("Game(s)") as follows: "Round 1" (Round of 64), "Round 2" (Round of 32), "Round 3" (Round of 16), "Round 4" (Round of 8), "Round 5" (Round of 4), and "Round 6" (the final championship game). For avoidance of doubt the Promotion only applies to the field of sixty-four (64) teams of the Tournament and does NOT include any play-in or other qualifying games. Round 1 of the Tournament is expected to begin on Thursday, March 17, 2022 and the championship game is expected to be played on Monday, April 4, 2022 (or upon the completion of the final game of the Tournament) (the "Tournament Period"). For purposes of these Official Rules, all times and days are United States Eastern Standard Time ("ET") (e.g., New York time). Sponsor's computer is the official time-keeping device for the Promotion. From all eligible entries received, the highest scoring entries in each Round (i.e., if the highest score achieved by any entry for Round 1 is 300 points out of the possible 320, that entry and any other entry who earned 300 points will be included in the Grand Prize drawing) of this Promotion during the Tournament will be entered into a random drawing for a chance to win the Grand Prize.
5. REGISTRATION & ENTRY: You must be a registered ESPN.com member ("Member") to enter the Promotion. To register and enter, visit either: (1) https://fantasy.espn.com/tournament-challenge-bracket/2022/en/ ("Website"); (2) the ESPN Fantasy App ("Fantasy App"); (3) the ESPN App (the "ESPN App"); or (4) the ESPN Tournament Challenge App ("Tournament Challenge App"). The Website, Fantasy App, ESPN App and Tournament Challenge App are collectively referred to herein as, the "Entry Methods". To enter via one of the Entry Methods, select the "Enter" button. You will need to log in with your Member user name or e-mail address and password; or, if you are not a registered Member, you will need to create an account. If you are not a Member, you may become a Member for free by visiting the Website, clicking on the profile icon, selecting the "Log In" link and selecting the "Sign Up" link and providing the requested information on the registration form to create an account. You may enter via any combination of these Entry Methods, but there is a limit of twenty-five (25) total entries per person during the Promotion Period as described below.
If you are a Member but are not eligible for the Promotion as per Rule 3 above (including persons who are under 18 or the legal age of majority in their jurisdiction of residence; persons who are legal residents of Puerto Rico [and other United States territories and foreign territories] or Quebec) may register for and take part in the Promotion "just for fun" (i.e., for entertainment purposes) but cannot win any prize.
You may be asked to consent to receive promotional emails or offers. This is optional and does not affect your chances of winning the Grand Prize in this Promotion. You are NOT required to give consent to receive such emails or offers in order to participate in the Promotion or win any prize. If you do consent to receiving promotional emails or offers, your personal information will be handled in accordance with Section 13 below.
Once you are logged in, you will be automatically sent back to the entry page on the applicable Entry Method.
Limit of twenty-five (25) entries per person/Member during the Entry Period, regardless of Entry Methods used and regardless of the number of email addresses or registered Member accounts. Whether you enter via the Website, ESPN App, Fantasy App and/or via the Tournament Challenge App, there is a limit of twenty-five (25) total entries per person for this Promotion. Multiple entries in violation of the preceding limit and/or mass entry attempts, as determined by Sponsor in its sole discretion, will result in disqualification of all entries by such person/Member and perhaps legal and/or other sanctions. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties are prohibited. Entries that do not conform to or that violate these Official Rules or are submitted in any manner other than stated in these Official Rules will be disqualified. By entering this Promotion, entrants agree to these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Promotion.
Participation in the Promotion constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions. The decisions of the Sponsor regarding all matters relating to the Promotion are final and binding. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
Proof of submitting an entry does not constitute proof of receipt or entry into the Promotion. It is your sole responsibility to notify the Sponsor/Administrator of a change in your e-mail address prior to the end of a given Round in which you are participating.
*IMPORTANT: Data rates may apply if Promotion entry is submitted via your mobile device according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging/data rate plans and charges relating to your participation in this Promotion. Mobile device service may not be available in all areas. Check your device's capabilities for specific instructions.
6. HOW TO PLAY:
a. General. The objective of the Promotion is to accumulate the most points by correctly selecting the "winning team" for each of the sixty-three (63) Men's Division I college basketball Games in connection with the Tournament by completing each of the six (6) Round's brackets ("Brackets"). For avoidance of doubt the Promotion only applies to the field of sixty-four (64) teams of the Tournament and does NOT include any play-in or other qualifying games. The entries that achieve the highest score(s) in each Round (i.e., If the highest score achieved by any entry for Round 1 is 300 points out of the possible 320, that entry and any other entry who earned 300 points will be included in the Grand Prize drawing) during this Promotion will be included in the random drawing for the Grand Prize. - see Section 8 below for details.
b. How to make your selections. You may enter your selections by completing a Tournament bracket following the posted instructions.
c. Scoring. From all eligible Brackets received, the Grand Prize winner will be determined by random selection based on the entrants who achieve the highest score(s) during each Round of the Tournament (as described above). You may change your selections until the Lock Time as described below. In order to maximize the opportunity to accrue the most points, register and submit your bracket no later than the Lock Time. If no selections are submitted for a game prior to the Lock Time, no points will be received relative to such corresponding game. Points for a correct Game pick in a given round in the Tournament is shown below:
• Round 1 (Round of 64): 10 points per correct Game pick
• Round 2 (Round of 32): 20 points per correct Game pick
• Round 3 (Round of 16): 40 points per correct Game pick
• Round 4 (Round of 8): 80 points per correct Game pick
• Round 5 (Round of 4): 160 points per correct Game pick
• Round 6 (Championship game): 320 points per correct Game pick
In the event any Game during the Tournament does not occur as scheduled (e.g., due to cancellation) no points will be awarded for that game - see Section 8 below for details.
d. Lock-time. All Game picks will lock at the scheduled tip off time of the first Game of Round 1 during the Tournament currently scheduled for Thursday, March 17, 2022 at 12:00 PM (noon) ET (the "Lock Time"). Your Game picks for the Tournament must be submitted, received and recorded by Sponsor's computer by the scheduled Lock Time. Selections submitted after the Lock Time are considered invalid. Sponsor's computer is the official time-keeping device for this Promotion.
e. Championship Game Score Prediction. Entrants may, but are not required to, submit a predicted score for the championship game in order to determine the entrant's "Tiebreaker Game Score" as explained below. If no predicted score is submitted for an entry, said entry will not be included in the Tiebreaker Game Score.
f. Leader Boards. After Sponsor has completed scoring for each Round (as well as the Promotion overall), Members will be listed by user name along with their scores on a leader board ("Leader Board") on the Website, ESPN App, Fantasy App and the Tournament Challenge App. Notwithstanding the posting of any Leader Board, Sponsor reserves the right to revise the scores and rankings of Members listed on the Leader Board at any time prior to prize award. Accordingly, even if a Member is listed as the highest point scorer in a Final Leader Board, such Member is not guaranteed to win a prize in the Promotion. Inclusion of a Member in a Final Leader Board does not constitute any notification of winning; potential winners will only be notified via email from Sponsor/Administrator.
• Tiebreaker #1 - An entrant's predicted score for the championship game is compared to the actual score of the championship game. The difference between the total amount of points scored in the Tournament's championship game and the total amount of points in the entrant's predicted score determines an entrant's Tiebreaker Game Score. The entry with the smallest difference is considered the highest ranked entry.
EXAMPLE: Entrant A submits a prediction of 100-98 (i.e., 198 combined points scored), and entrant B submits a prediction of 110-105 (i.e., 215 combined points scored). The actual championship game's total score is 105-102 (i.e., 207 combined points). In this example, entrant A would have a Tiebreaker Game Score of 9 (because the difference between entrant A's predicted total points and the actual total points scored is 9), and entrant B's Tiebreaker Game Score would be 8 (because the difference between entrant B's predicted total points and the actual total points scored is 8). In this scenario, entrant B wins the tie, as entrant B has the smaller absolute value difference between their predicted total score and the actual total score.
• Tiebreaker #2 - Highest number of points scored in Round 6.
• Tiebreaker #3 - Highest number of points scored in Round 5.
• Tiebreaker #4 - Highest number of points scored in Round 4.
• Tiebreaker #5 - Highest number of points scored in Round 3.
• Tiebreaker #6 - Highest number of points scored in Round 2.
• Tiebreaker #7 - Highest number of points scored in Round 1.
• Tiebreaker #8 - The entrant whose date of corresponding entry creation was recorded in the system the earliest.
*NOTE: TIEBREAKERS WILL BE USED FOR LEADERBOARDS AND ARE SOLELY FOR ENTERTAINMENT PURPOSES. LEADERBOARD RANKINGS DO NOT AFFECT YOUR CHANCE OF WINNING THE GRAND PRIZE.
7. INTERRUPTION/CANCELLATION OF 2022 DIVISION I MEN'S COLLEGE BASKETBALL TOURNAMENT DUE TO COVID-19/CORONAVIRUS
ENTRANTS UNDERSTAND AND AGREE THAT, DUE TO COVID-19/CORONAVIRUS, THE TOURNAMENT MAY NOT BE CONDUCTED AS ORIGINALLY SCHEDULED.
IF THE TOURNAMENT IS CANCELLED AFTER THE FULL CONCLUSION OF AT LEAST THE FIRST ROUND (I.E., THE ROUND OF 64), THE PROMOTION WILL CONSIST OF ONLY THOSE ROUND(S) COMPLETED AND AWARD OF THE GRAND PRIZE WILL BE DETERMINED BASED ONLY ON COMPLETED ROUND(S) OF THE TOURNAMENT. IN SUCH EVENT, THE ENTRANTS WHO HAVE THE HIGHEST SCORES FOR COMPLETED ROUND(S) UP TO THE TIME OF SUCH CANCELLATION WILL BE ENTERED INTO THE RANDOM DRAWING FOR THE GRAND PRIZE. IF THE TOURNAMENT IS CANCELLED DURING A GIVEN ROUND (WITH NOT ALL SCHEDULED GAMES FOR THAT ROUND BEING PLAYED TO CONCLUSION), ONLY THOSE GAMES PLAYED TO CONCLUSION FOR SUCH ROUND WILL BE SCORED WITH ALL OTHER GAMES BEING DISCOUNTED.
IF THE TOURNAMENT IS MODIFIED OR POSTPONED, SPONSOR WILL ENDEAVOR TO CONDUCT THE PROMOTION AS ORIGINALLY INTENDED BY SCORING COMPLETED GAMES AND MODIFYING THE ROUNDS FOR WHICH SUCH SCORES ARE COUNTED AS SPONSOR DEEMS APPROPRIATE IN ITS SOLE DISCRETION.
WITHOUT LIMITING THE FOREGOING, SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONTRACT OR EXTEND THE TIMING OF ONE OR MORE ROUNDS AND/OR THE PROMOTION OVERALL, DUE TO THE TOURNAMENT BEING SUSPENDED OR PAUSED.
NOTICE OF SUCH ACTIONS BY SPONSOR WILL BE POSTED ON THE WEBSITE, ESPN APP, FANTASY APP AND THE TOURNAMENT CHALLENGE APP.
8. GRAND PRIZE WINNER DETERMINATION/NOTIFICATION: Sponsor/Administrator will review all eligible entries received during the Entry Period overall to determine the highest scoring entries from each Round among the entire entry pool. The Grand Prize winner will be selected via a random drawing from among the highest scoring entries of each Round. If a Canadian resident is determined to be a potential Grand Prize winner, he/she must correctly answer a mathematical skill-testing question within a pre-determined time limit. The Grand Prize drawing will take place at Administrator's offices in New York, NY USA or another location of Administrator's sole choosing. There is no entry fee required to participate in the Promotion. Only entries received online in accordance with these Official Rules will be accepted. No other forms of entry - fax, mail, email, phone or other - will be accepted. Entry materials/data that have been tampered with or altered are void. Grand Prize winner will be determined on or about Wednesday, April 20, 2022.
9. GRAND PRIZE.
GRAND PRIZE (US$100,000.00): ONE (1) WINNER shall receive US$100,000.00.
Total ARV: US$100,000.00
In all cases:
(a) prize award is subject to verification of entrant's full compliance with these Official Rules;
(b) prize will be awarded in the form of a check or direct deposit (with form of prize award being determined by Sponsor in its sole discretion);
(c) prize will be awarded in U.S. Funds;
(d) prize is not transferable by winner.
(e) Sponsor in its sole discretion may award a substitute prize or prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason.
Odds of winning the Grand Prize depends on the total number of eligible entries received and the number of eligible entries included in the Grand Prize random drawing as described above. THE GRAND PRIZE WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE GRAND PRIZE. (For Canadian prize winners, such taxes may include U.S. Foreign Withholding Tax.) Non-residents of California are subject to the California withholding tax of 7% of the prize value, when applicable. Sponsor will report to the Internal Revenue Service via 1099 Tax Form the total value of prize won. Grand Prize winner agrees to complete a W9 Tax Form with his/her Social Security Number and to otherwise cooperate with Sponsor as to Sponsor's compliance with Internal Revenue Service and other tax reporting requirements (IRS W8-BEN Form for Canadian winner). Grand Prize winner should allow up to 8-10 weeks after completion of the prize claim procedure (including, if applicable, the return of their signed, notarized affidavit) to receive their prize.
10. ENTRY ERRORS/ NO RETURN OF ENTRIES; DISPUTES. Neither Sponsor nor Promoters are responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Neither Sponsor nor Promoters are responsible for any unavailability of or interruptions to any service or equipment used in connection with the Promotion, including, without limitation, (1) interruptions to any network, server, Internet, website, telephone, satellite, computer or other connections (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, or (4) other errors of any kind, whether human, technical, mechanical or electronic, or (5) the incorrect or inaccurate capture of entry or other information or the failure to capture any such information. Once submitted, entries become the sole property of Sponsor and will not be acknowledged or returned. In the event of a dispute as to any entry, the authorized account holder at the time of entry will be deemed to be the entrant. Potential winner may be required to show proof of identification, and Sponsor may require that the potential winner provide proof that his/her identification matches the User Information associated with the winning entry (both at the time of entry and at the time of verification of a potential winner). SPONSOR RESERVES THE RIGHT TO DISQUALIFY ANY POTENTIAL WINNER IF IT DETERMINES, IN ITS SOLE DISCRETION, THAT ANY USER INFORMATION WAS CHANGED OR FALSIFIED IN ORDER TO MEET ELIGIBILITY REQUIREMENTS. The decisions of the professional referees officiating the games shall be final and binding regarding the outcome and scoring of the game.
11. POTENTIAL WINNER. ALL POTENTIAL WINNING ENTRIES ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL. SPONSOR SHALL SOLELY DETERMINE ANY FORM OF VERIFICATION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING ENTRY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS, AFFIDAVITS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON MAY BE DEEMED A DEFECTIVE ENTRY AND VOID. Potential winner will be notified via email sent within thirty (30) business days following the end of the Tournament Period. It is the sole responsibility of the entrant to notify the Sponsor if his or her e-mail address has changed. To do so, click on the "myESPN" icon on any ESPN.com page, then click on the Account Information link to update your email address. A potential winner will be disqualified and an alternate potential winner may be selected (i.e., another randomly selected Entrant from the highest scores for each Round) if (i) he/she does not comply with these rules (or is otherwise determined to be ineligible), (ii) he/she does not respond to the prize notice within five (5) days of its transmission, or if the emailed prize notice, after three (3) attempts, is returned as undeliverable, or (iii) the prize is undeliverable for any reason. If Sponsor notifies, or seeks to deliver the Grand Prize to or otherwise attempts to contact an alternate potential winner, and such alternate potential winner is subsequently disqualified then Sponsor shall use its reasonable business judgment to determine, in its sole discretion, the disposition of the prize. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein. Winner is solely responsible for any and all expenses, relative to participation in the Promotion (including acceptance of any prize) not specified herein.
12. AFFIDAVIT OF ELIGIBILITY/LIABILITY RELEASE. As a condition of receiving the Grand Prize, potential winner may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and, except where prohibited, a Publicity Release, within fifteen (15) days of the date stated on the prize notice. Except where prohibited, participation in this Promotion and acceptance of prize constitutes winner's consent to Sponsor's and Promoters' and any of their respective agents' use of winner's name, likeness, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, now known or hereafter devised, worldwide, without further payment, consideration, notice or approval.
13. CONDITIONS OF PARTICIPATION. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions. The decisions of the Sponsor in regards to all matters of this Promotion are final and binding. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Promotion and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. Without limiting the foregoing, Sponsor may lock out an entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION OR TO ALTER OR DAMAGE A WEBSITE MAY BE SUBJECT TO CIVIL AND/OR CRIMINAL PENALTIES AND FINES; AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Without limiting the foregoing, Sponsor may modify, cancel, terminate, and/or suspend the Promotion if, in the Sponsor's sole opinion, an incident of any kind occurs to corrupt or impair the administration, security, integrity, fairness or play (as intended) of the Promotion, including without limitation: (a) viruses, bugs, unauthorized human intervention, fraud or technical failure; or (b) earthquake, flood, fire, storm or other natural disaster, act of God, pandemic/epidemic; or (c) labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared), or (d) cancellation, suspension or postponement of any type of game or league. In the event that the Tournament is postponed, terminated early, or cancelled for any reason (such as a strike or lockout), Sponsor reserves the right to award the Grand Prize based on scores at the time the Tournament is disrupted, or to cancel, modify or suspend the Promotion at its discretion. In the event of a cancellation or termination by the Sponsor the Grand Prize will be awarded in accordance with these Official Rules based on the point total accumulated at the time of any said action, or the Grand Prize will be awarded in such other manner deemed fair and appropriate by Sponsor.
14. RELEASE AND INDEMNITY. By participating in this Promotion or receiving the Grand Prize, entrants (and in particular, winner) agree to release and to indemnify and hold harmless Sponsor, Promoters, each of their respective related companies, and all of their respective officers, directors, employees and agents (collectively, the "Released Parties") for any liability, injury, death, loss or damages to entrant or any person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by participation in this Promotion (or related activities) or the acceptance, possession or use/misuse of the Grand Prize. By entering, entrants also authorize the Sponsor and its designees to use their name, voice, likeness, photograph, prize information (if applicable), biographical data and city and state of residence in programming, advertising and/or promotional material or on a Winners' List without compensation to the extent permitted by law. Sponsor is not obligated to use any of the above-mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation. All federal, state and local laws and regulations apply. All entries become the property of the Sponsor.
15. GAMBLING PROHIBITION. This Promotion is strictly for entertainment purposes and may not be used in connection with any form of gambling. Division I Men's College Basketball has adopted specific legislation prohibiting athletic department staff members, conference office staff, national office staff and student-athletes from engaging in sports gambling activities as they relate to intercollegiate or professional sporting events.
16. LIMITATIONS OF LIABILITY. The Released Parties do not make any representation, warranty or guarantee, express or implied, relating to the Promotion or the Grand Prize, and are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion; (2) technical errors, defects, delays or failures of any kind, including without limitation malfunctions, interruptions or disconnections in communications lines, Internet or website access, hardware or software; (3) digital or electronic disruptions, e.g., viruses; (4) unauthorized human intervention, e.g., hacking; (5) technical or human error which may occur in connection with any aspect of the Promotion; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion, access to, copying or downloading materials from ESPN.com or any other website, or receipt or use of any prize; or (7) for any cancellation, suspension or postponement of any type of game or league, or event of force majeure. SPONSOR MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
17. DISPUTES/ARBITRATION/CHOICE OF LAW. Except where prohibited, Entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or the awarding of Prizes and determination of Winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of JAMS, then effective (notwithstanding the foregoing, Entrant shall not be precluded from seeking relief in small claims court for disputes/claims within the scope of the jurisdiction of small claims court and any remedies available to Entrant under applicable federal, state or local law remain available to Entrant and are not waived pursuant to this section); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and (c) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased and any and all rights to injunctive relief. The arbitrator hearing such dispute/claim/cause of action shall be neutral and the Entrant will have a reasonable opportunity to participate in the selection of the arbitrator. Such arbitration will take place at a location near the Entrant's residence and the Entrant has the right to an in-person hearing in the arbitration proceeding, if desired. The arbitration will allow for the discovery and/or exchange of non-privileged information between Entrant and Sponsor. Should an Entrant initiate arbitration pursuant to this section, the Entrant shall be responsible for JAMS's fees to do so (approximately, $250), with all other costs of such arbitration being borne solely by Sponsor. If Entrant is a California (USA) resident and Sponsor is the prevailing party in such arbitration, such Entrant will not be responsible for Sponsor's costs and fees in conjunction with the arbitration proceeding; BUT, IN ALL OTHER CASES, ENTRANT WILL BE RESPONSIBLE FOR SUCH COSTS/FEES IF REQUIRED BY THE ARBITRATOR'S RULING. For the avoidance of doubt, the requirement to arbitrate disputes pursuant to this section is reciprocal and binding both upon Entrants and Sponsor. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of Entrant and/or Released Parties in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York (USA), without regard for conflicts of law doctrine of New York or any other jurisdiction.
19. OFFICIAL RULES; WINNER LIST. For the Official Rules and name of the Grand Prize winner, mail a self-addressed, stamped envelope to: ESPN Men's Tournament Challenge 2022 Winner, c/o Probability, PO Box 1559, Social Circle, GA 30025-1559. All such requests must be received by May 6, 2022.
This Promotion is in no way sponsored, endorsed or administered by Facebook, Instagram or Twitter.