2009 CBSSports.com Tournament Brackets Application Terms of Use NO PURCHASE NECESSARY TO USE THE APPLICATION OR PARTICIPATE IN THE COMPETITION. THERE ARE NO PRIZES ASSOCIATED WITH THE COMPETITION. THIS BRACKET APPLICATION IS OPEN TO PERSONS WHO ARE: (A) REGISTERED USERS OF FACEBOOK; AND (B) AT LEAST THIRTEEN (13) YEARS OF AGE WHEN USING THE BRACKET APPLICATION. VOID WHERE PROHIBITED BY LAW. THIS APPLICATION MAY NOT BE USED FOR ANY FORM OF GAMBLING, CHARGING MONEY FOR PARTICIPATING, OR TO GIVE OUT ANY PRIZES. Introduction 2009 CBSSports.com Tournament Brackets No Cost The Administrator Eligibility Playing Signing Up Selection Deadline Making Picks Legal Disclaimers General Conditions Internet Administrator's Mailing Address Introduction 2009 CBSSports.com Tournament Brackets The 2009 CBSSports.com Tournament Brackets Application (the "Application") is a competition based on results of the 2009 Division I Men's College Basketball Tournament (the "Tournament"). On March 15, 2009, the selection committee will seed the qualifying college basketball teams of the Tournament. Participants will attempt to select the winners of all the games of the Tournament. Participants will earn points by correctly predicting the winning teams in the 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 exact number of points awarded in this Application is set forth in the Making Picks section below. The Application will go live on Tuesday, February 17, 2009 and will stay live through the final game of the Tournament scheduled for April 6, 2009. No Cost The Application is FREE to use. There is no purchase or entry fee necessary to use the application. There are no prizes associated with the competition. The Administrator CBS Interactive Inc. ("CBSI") will serve as the Administrator of the Application and will be responsible for resolving any disputes that arise regarding violations of this Terms of Use. Eligibility To use the Application, you must be: (a) a Registered User of Facebook; and (b) at least thirteen (13) years of age or older at the date of use of this Application. For purposes of these Terms of Use, "Registered User" means a person who has successfully completed the registration form on Facebook.com. If you are not a Registered User you may become a Registered User by completing the registration on Facebook.com. There is no fee or charge to you to become a Registered User. Void where prohibited by law. Playing Signing Up Registered Facebook Users can sign up any time by visiting the Facebook website prior to the start of the Tournament on March 19, 2009. Participants will be asked to go to the URL: http://apps.new.facebook.com/cbssports/ and add the CBSSports.com Tournament Brackets application. Selection Deadline Brackets will be filled on March 16, 2009 by CBSI and posted on-line under the "Brackets" tab on the Facebook website in the CBSSports.com Tournament Brackets application. Picks must be submitted by 11:00 AM ET on March 19, 2009. The Administrator may send a reminder message through the Facebook website on March 16, 2009 to participants to notify them to make their picks. Making Picks After you sign up, and the teams have been selected, you will have access to an on-line brackets page listing 63 of the 64 eligible Division 1 Men's College Basketball Tournament teams and their round one match-ups. Note: The 64th team will be determined by a play-in Tournament game on Tuesday, March 18, 2009. That game will not be counted in this Application. Prior to completion of that game, the 64th team will be listed on our brackets page as "Play-In Winner," and Participants are free to pick "Play-In Winner" in the first round if they want to submit picks before the play-in game is complete. Participants must enter their projected winners of all 63 games of the Tournament, round by round. Beginning with round two, the Administrator will weigh predictions for each successive round more heavily than the previous round in accordance with the table below. Points will be awarded by multiplying your number of correct predictions of winning teams in each round of the Application by the weight assigned to each applicable round. For example, you would receive five (5) points for five correct predictions of winning teams in round one, and ten (10) points for five correct predictions of winning teams in round two. You will receive an individual score for each of the six Tournament rounds; and an overall score, which is the combined total of your individual round scores. Round 1 2 Sweet 16 Final 8 Final 4 Final Game Weight per each correct pick 1pt 2pts 4pts 8pts 16pts 32pts Legal Disclaimers All participants agree to abide by the terms of these Terms of Use and the Legal Disclaimers below, and by the decisions of the Administrator, which are final and binding on all matters pertaining to the game. General Conditions By using the Application, each participant accepts and agrees to be bound by these Terms of Use and by the decisions of the Application Entities, which shall be final and binding in all respects. Further, each participant also acknowledges and agrees to the Facebook Terms of Use. The Administrator reserves the right to halt or modify the Application at any time during the Application period if events beyond their control compromise the Application.s integrity. In the event that a scheduled game is canceled or preempted for any reason, no points will be awarded for that game or the affected NCAA teams. The Administrator is not responsible for typographical or other human or technical errors in administration of this Application, including but not limited to errors in advertising and/or this Terms of Use. The Administrator, in its sole discretion, may disqualify any participant from using the Application, if participant engages in any conduct the Administrator deem to be improper or otherwise adverse to the operation of the Application or detrimental to other participants. Such improper conduct includes, but is not limited to, falsifying personal information required to use the Application, violating any term or condition stated herein, accumulating points through methods such as automated computer scripts or other programming techniques, allowing others to use the participant's personal information for the purpose of accumulating points, tampering with the Administrator.s administration of this Application, or intentionally trying to defraud, reverse engineer, disassemble, decompile or otherwise tamper with the computer programs on this Web site. The Administrator reserves the right to modify these Terms of Use for clarification purposes without materially affecting the terms and conditions of the Application. This Application is not affiliated with or endorsed by the NCAA or any NCAA team. This is a skill game designed to entertain consumers in the Facebook Service. This Application may not be used for any form of gambling, charging money for participating, or to give out any prizes. License and Proprietary Rights Application License. During the Term, CBSI hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the Application, including the CBS Sports Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and CBSI does not grant you any right or license in any CBSI materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind. No Sublicense. Nothing herein shall be interpreted to mean, and CBSI does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Application, including, without limitation, the CBS Sports Content. Copyright Notices. The Application, including without limitation, the CBS Sports Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by CBSI. You will abide by any and all additional copyright notices, information, or restrictions contained in the Application, including, without limitation, the CBS Sports Content or as CBSI otherwise may impose from time to time. No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the Application, including, without limitation, the CBS Sports Content. No Contest of Rights. You acknowledge and agree that both during and after the Tournament, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the Application, including without limitation, the CBS Sports Content or take any action whatsoever in derogation of CBSI's rights therein or in breach of any terms and conditions contained in this Terms of Use. Reservation of Rights. Any and all rights to use the Application, including, without limitation, any CBS Sports Content not expressly granted to you under this Terms of Use are hereby reserved for CBSI. Nothing contained in this Terms of Use shall affect, impair, or limit in any way CBSI's rights to exploit fully the Application, including, without limitation, any CBS Sports Content. Proprietary Rights. You acknowledge and agree that CBSI owns and shall retain all rights, title and interest in and to the Application, including, without limitation, the CBS Sports Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto. No License to CBSI Trademarks. Nothing herein shall be interpreted to mean, and CBSI does not grant you any right or license in any CBSI trademark, tradename, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with CBSI, its parent, subsidiaries or affiliates, in any manner whatsoever. Internet If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Administrator which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Application, the Administrator reserve the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Application. The Administrator assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries or transactions. The Administrator are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail entry or transaction to be received on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Application. Damaged Property Administrator, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, 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 Application or downloading materials from this Application. CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event that the Application is challenged by any legal or regulatory authority, the Administrator reserve the right to discontinue or modify the Application, or to disqualify participants residing in the affected geographic areas. In such event, the Administrator shall have no liability to any participants who are disqualified due to such an action. Application Errors The Administrator, and their parents, affiliated and subsidiary companies and advertising and promotion agencies, 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 Application; (b) in any related advertising or promotions of this Application; and/or (c) in these Terms of Use including but not limited to errors in advertising. Administrator reserve the right to modify these Terms of Use for clarification purposes or to correct any such ambiguity or error(s) without materially affecting the terms and conditions of the Application. Release and Indemnity Each user of the Application hereby releases and agrees to indemnify and hold harmless the Administrator and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of this Application and participation in any activity related to this Application. Limitation of Liability and Disclaimer of Warranties IN NO EVENT WILL THE ADMINISTRATOR AND/OR 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 SERVICE AND/OR THE APPLICATION, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SERVICE AND/OR THE APPLICATION. IN NO EVENT SHALL THE ADMINISTRATOR. TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100. THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CBSI CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE FACEBOOK WEBSITE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FACEBOOK, CBSI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE APPLICATION; (B) THE CBS SPORTS CONTENT MADE AVAILABLE TO YOU THROUGH THE APPLICATION; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE APPLICATION; (D) THE ABILITY OF THE APPLICATION TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APPLICATION. CBSI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVERS THAT MAKE THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CBSI DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE APPLICATION IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT. FURTHER, CBSI AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CBSI AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION INCLUDING, WITHOUT LIMITATION, THE CBS SPORTS CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS TERMS OF USE. Binding Arbitration The parties waive all rights to trial in any action or proceeding instituted in connection with these Terms of Use including, without limitation, the Application. Any controversy or claim arising out of or relating to these Terms of Use and/or the Application 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 California, in the City of San Francisco. Governing Law and Jurisdiction THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Terms of Use and/or in connection with the entering of any judgment on an arbitration award in connection with these Terms of Use and/or the Application, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the State of California and federal courts located in the City of San Francisco, and State of California. The parties agree not to raise the defense of forum non conveniens. Administrator Mailing Address CBS Interactive Inc., 2200 W. Cypress Creek Road, Fort Lauderdale, FL 33309