GAMING SOCIETY X ROUGH AND TUMBLE X ON HER TURF 2023 BRACKET CHALLENGE
The following rules detail the entry and gameplay requirements for the “Gaming Society 2023 Bracket Challenge” (the “Contest”), which is offered by The Gaming Collective, Inc. d/b/a Gaming Society (“Sponsor”) in connection with the D1 2023 Women’s College Basketball Tournament (the “WBB Tournament”). By participating in any aspect of the Contest, you agree expressly to these official rules (“Official Rules”).
TO QUALIFY FOR THE GRAND PRIZE DRAWING, AN ENTRANT MUST CORRECTLY SELECT EVERY WINNING TEAM IN THE ENTIRE BRACKET THROUGHOUT THE ENTIRE TOURNAMENT. ONLY ONE GRAND PRIZE WILL BE AWARDED. IN THE EVENT THAT MULTIPLE PERFECT BRACKETS EXIST BETWEEN MULTIPLE ENTRANTS, THE GRAND PRIZE SHALL BE SPLIT EQUALLY AMONG GRAND PRIZE WINNING ENTRANTS. THE OBJECTIVE OF THE CONTEST IS TO ACQUIRE THE MOST POINTS BY CORRECTLY SELECTING THE WINNING TEAM FOR AS MANY AS POSSIBLE OF D1 2023 WOMEN’S COLLEGE BASKETBALL TOURNAMENT (63 TOTAL GAMES) BY COMPLETING EACH OF THE ROUNDS IN THE BRACKET. ENTRANTS WILL EARN POINTS FOR EACH WINNING TEAM PICKED CORRECTLY IN THEIR BRACKET. THE NUMBER OF POINTS AWARDED FOR EACH CORRECT PICK WILL INCREASE WITH EACH ROUND OF THE TOURNAMENT.
Sponsor: This Contest is sponsored by The Gaming Collective, Inc. (the “Sponsor”). Sponsor can be emailed at firstname.lastname@example.org or by mail at 1880 Century Park E, Suite 950, Los Angeles, CA 90067. For avoidance of doubt, any advertisers associated with the Contest, including Rough and Tumble Pub and On Her Turf/NBC (together “Partners”) shall solely be deemed a contributor for purposes of these Official Rules and shall bear no responsibility for the sponsorship or administration of this Contest. This Contest is not endorsed by, associated with, or sponsored by, the National Collegiate Athletic Association (“NCAA”), its members or partners.
Eligibility: The Gaming Society 2023 WBB Bracket is open only to legal residents of the 50 United States and District of Columbia 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 a Prize: (i) employees and agents of Sponsor, Promoter, Partners, 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 Contest or win a 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. Participation in the Contest 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 Contest are final and binding.
Administrator: This contest will be administered by Quarter 4.
Contest Period: The Contest shall begin on Sunday, March 12, 2023 at 9:00 pm ET (approx) and all submissions shall be due in before the start of the first game of the tournament on March 17, 2023 (approx). The contest shall end on April 2, 2023 (of upon the completion of the final game of the tournament). The tournament is subject to change based on the decisions of the NCAA. For purposes of these Official Rules, all times and days are Eastern Time.
Registration and Entry: You must register on Sponsor’s website to participate in the Contest. Participation and registration are free. Registration does not constitute entry into the Contest. Entrants must complete and submit a bracket during the entry period. Once a bracket has been submitted, it cannot be changed. Entrants may only submit one bracket per username. A tie breaker must be put in before final submission. In the event of a leaderboard tie, the closest Entrant to the actual combined score (without going over said score) shall be deemed the winner. To register and to participate, visit and follow the instructions at https://thegamingsociety.com/bracket.
Grand Prize (conditional): In the event that any Entrant selects the winner of every tournament game correctly in the bracket (“Perfect Bracket”), Entrant shall win a cash prize in the amount of One Hundred Thousand Dollars ($100,000) ARV $100,000.00 USD.
First Place: Sponsor will award one prize in the amount of $1,000 and a signed Chelsea Gray jersey and sneakers to the Entrant who ultimately receives the highest scoring entry in the Contest (ARV $1,200)
Second Place: Ultimate Fan Package with favorite school hoodie, crewneck, t-shirt, joggers (ARV $250)
Third Place: Fan Starter Package with favorite crew neck and joggers (ARV $150)
Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the potential winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW (OR MAY LIMIT) DISCLAIMERS OF CERTAIN WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMERS WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Each Prize is awarded at the total discretion of Sponsor or of its affiliate companies, and no Prize will be awarded to a participant if that participant has committed, or benefited from, irregular actions for this purpose. The awarding of a Prize may not be contested, and a Prize may not be either exchanged or replaced, except at Sponsor’s sole and absolute discretion. Each Prize is awarded “as is” with no warranty or guarantee, either express or implied.
Selection of Winners: Winners shall be selected after the end of the Contest. If a potential winner cannot be reached within two (2) days, using the contact information provided at the time of entry, or if the Prize is returned as undeliverable, that potential winner shall forfeit the Prize. Upon the request of Gaming Society, the potential winner may be required to return an Affidavit of Eligibility, Release and Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified. The Prize may not be awarded if an insufficient number of eligible Entries are received. Subject to verification of eligibility and compliance with the terms of these Official Rules, the potential winner will be declared the official Winner of the Contest. The purchase of any goods or services will not increase any Participant’s chances of winning. All decisions of the Sponsor regarding the Contest and the application of these Rules are final and binding in all respects. The failure of a potential winner to notify and communicate acceptance within two days of contact will result in a forfeiture of their Prize. In the event that a potential winner forfeits or is disqualified for any reason, an alternate winner will be selected who has the next highest points.. Each winner is solely responsible for all federal, state, and local taxes and other fees associated with his or her receipt and use of a Prize. No substitution, assignment or transfer of the Prize is permitted, except by the Gaming Society, who reserves the right to substitute the Prize(s) with another prize of greater or equal value if the Prize(s) cannot be awarded as stated. Taxes and fees, if any, are the sole responsibility of the winner. Gaming Society is only responsible for prize delivery and expressly disclaims responsibility for prize utility, quality, or otherwise.
User Content: All Content added, created, uploaded, submitted, distributed, or posted to the Contest or in relation to the Contest by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Contest is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Contest is or will continue to be accurate.
Notices and Restrictions: The Contest may contain Content specifically provided by us, our partners or our users or customers and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
License Grant: By submitting User Content through the Contest, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Contest, the and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Contest (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this shall apply to the same. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Publicity: By entering the Contest, you consent to Gaming Society and our service providers’ and business partners’ and customers’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest, other Gaming Society contests and/or Gaming Society and their business generally. You acknowledge and agree that we, and our business partners, may make public statements about entrants and winner(s), including on-air, online, or otherwise, including by announcing winners publicly. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
Entertainment Purposes Only: Any information or content provided through the Contest is for entertainment purposes only and should not be relied on. Gaming Society makes no representation or guarantees about the information, including without limitation as to its quality, accuracy or timeliness, and such information should never be used in place of professional advice from an expert who is familiar with your specific situation.
Conditions of Participation: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s and Administrator’s decisions. The decisions of the Sponsor in regards to all matters of this Contest are final and binding. Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest (unless prohibited under law) 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 participate. CAUTION: A PERSON WHO ATTEMPTS DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST 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 Contest in any manner, including by not awarding any or all of the Prizes, (unless prohibited under law) 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 Contest, 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, or 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 game. In the event that the Tournament is terminated early or cancelled for any reason (such as a strike or lockout or as a result of COVID-19), no Prizes will be awarded.
Not Gambling: This Contest is strictly for entertainment purposes and may not be used in connection with any form of gambling. Division I Women’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.
Limitation of Liability: The Parties do not make any representation, warranty or guarantee, express or implied, relating to the Contest or the Prizes, 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 Contest; (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 Contest; (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 Contest, access to, copying or downloading materials from the Website 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 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
By participating in the Contest, you represent and warrant as follows: [a] you are eligible to win a Prize; [b] you did not submit any false or deceptive information in your participation in the Contest; and [c] you did not violate these Official Rules. Sponsor reserves the right to disqualify (and refuse to accept or remove) any participant that Sponsor, in its sole discretion, deems to violate these Official Rules.
12. Third Party Services: The Contest may permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the Platform, such as Gaming Society or other service providers or customers or their advertising partners and prize providers. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. This Contest is in no way sponsored, endorsed, or administered by, or in association with any person or other entity, including any third party (including, but not limited to, Facebook, Twitter, and/or Instagram), other than Gaming Society. This Contest is in no way sponsored, endorsed, or administered by the Facebook, Instagram, Twitter, TikTok, or any sport team or league.
13. Location Based Services: We may offer features that are based on the location of users and which may report on the locations of those users as they use the Contest (the “Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion, and may opt-out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Contest. Under no circumstances shall we be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Contest.
15. Governing Law/Choice of Law/Jurisdiction: To the fullest extent permitted by law, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or the awarding of a Prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California/Western Division or California State court situated in Los Angeles County, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Contest. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
16. DMCA Copyright Policy: Gaming Society has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact the Designated Agent to Receive Notification of Claimed Infringement for Gaming Society at email@example.com
17. Severability: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
19. Rules/Winner List: In order to obtain any legally-required winner’s list (after the conclusion of the Contest) or a copy of these Official Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: 1880 Century Park E, Suite 950, Los Angeles, CA 90067 (VT residents may omit return postage). The request must be received within six months after the conclusion of the Entry Period.
INTERRUPTION/CANCELLATION OF SPORTING EVENTS DUE TO COVID-19/CORONAVIRUS AND RELATED DISRUPTIONS.
ENTRANTS UNDERSTAND AND AGREE THAT, DUE TO COVID-19/CORONAVIRUS (AND RELATED POTENTIAL DISRUPTIONS), THE SPORTING EVENTS MAY NOT BE CONDUCTED AS ORIGINALLY SCHEDULED.
IF AN EVENT IS CANCELLED BEFORE THE FULL CONCLUSION OF THE CONTEST, THE CONTEST WILL BE CANCELLED. NO PRIZES WILL BE AWARDED UNLESS THE EVENT IS COMPLETED, AT COMPANY’S FULL DISCRETION.
IF AN EVENT IS MODIFIED OR POSTPONED, GAMING SOCIETY WILL ENDEAVOR TO CONDUCT THE CONTEST AS ORIGINALLY INTENDED AS GAMING SOCIETY 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 THE CONTEST OVERALL, DUE TO AN EVENT BEING SUSPENDED OR PAUSED.
NOTICE OF SUCH ACTIONS BY GAMING SOCIETY WILL BE POSTED ON THE WEBSITE.