2023 Crain and Company Bracket Challenge Official Rules
THE CRAIN & CO. BRACKET CHALLENGE
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE AT LEAST 18 YEARS OLD AT THE TIME OF ENTRY. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. OFFICIAL RULES. The following are the official rules (“Rules”) for The Crain & Co. Bracket Challenge (the “Contest”). In order to enter the Contest, you must agree to and abide by these Rules. By entering and participating in the Contest, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Contest.
The Contest is not endorsed by, associated with, or sponsored by the National Collegiate Athletic Association (“NCAA”) or Yahoo. The Contest is a non-gambling promotion and is intended solely for entertainment purposes.
2. SPONSOR. The Contest is sponsored by The Daily Wire, LLC (“Sponsor”), 1831 12th South, Suite 460, Nashville TN 37203.
3. SUBMISSION PERIOD. The period during which you can enter the Contest begins at 12:01 am Central Time on March 13, 2023 and ends on March 16, 2023 prior to the published tip-off time of the first game in the 2023 NCAA Division I Men’s College Basketball Tournament for the 64-team field (the “Tournament”) (approximately 11:00 am Central Time) (the “Submission Period”).
4. HOW TO ENTER. To enter the Contest, you must do all of the following: On the Contest website at:
Then enter your email address, agree to receive marketing emails from Sponsor, and click “enter” to be redirected to the Yahoo! Fantasy Tourney Pick ‘Em 2023 platform (the “Tourney Site”), where based on your skill, knowledge, and understanding of Tournament participants, you will predict the winning team of every game (excluding the first four in “play-in games”) in the Tournament and the final score for each team participating in the championship game of the Tournament (the “Tiebreaker Answers”) by filling out and submitting a bracket form online (“Entry”).
Completing these requirements multiple times will not constitute more than one Entry, and Sponsor may disqualify you from the Contest if you complete them more than once. To remain eligible for a chance to win, you must meet the conditions for a qualifying Entry at the time a potential winner is selected, and Sponsor must be able to contact you.
Sponsor is not responsible for (1) lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, postage due, late delivered, technically corrupted or garbled Entries, comments, posts, or messages, which will be disqualified; or (2) incorrect or inaccurate entry information whether caused by Internet or mobile users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of Entries and/or in connection with an Entry. Only fully completed Entries are eligible. Proof of Entry submission will not be deemed to be proof of receipt by Sponsor.
Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of Entries are received that meet the minimum judging criteria.
LIMIT: Maximum one (1) Entry per person and per email address during the Submission Period regardless of method of entry. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different accounts, profiles, phone numbers, email addresses, identities, registrations and logins, or any other methods will void all that entrant’s Entries, and that entrant may be disqualified. No automated entry devices and/or programs are permitted.
5. ELIGIBILITY. Participation is open only to individuals who: (a) are legal residents of the fifty (50) United States or the District of Columbia (void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law); (b) are eighteen (18) years or older at the time of Entry; (c) comply in full with these Rules and all other terms and conditions of the Contest; and (d) are not excluded from eligibility by these Rules and/or any other terms and conditions of the Contest. Employees, agents or representatives of the Sponsor or any subsidiary or affiliate, or immediate family members (parents, children, siblings, spouse) of the foregoing, are not eligible.
6. WINNER SELECTION. Entrants will be awarded points for correctly predicting Tournament game winners in the following manner: Round of 64: 1 Point Awarded for Correct Selection; Round of 32: 2 points per winning team; Sweet 16: 4 points per winning team; Elite 8: 8 points per winning team; Final 4: 16 points per winning team; Championship: 32 points per winning team. We will declare one (1) Grand Prize Winner with the highest points score on the Tourney Site. In the event of a tie between two or more Entries that each receive the same score (a “Tie”), Sponsor will attempt to break the Tie by awarding the affected Prize, among those tied: (a) to the entrant whose Tiebreaker Answers, when combined, are closest to the actual total combined score of the championship game (i.e., the sum of the total number of points scored by the winning team (“Winning Team Score”) plus the total number of points scored by the losing team (“Losing Team Score”)) without going over; (b) in the event that the tie is still not broken, to the entrant (among those still tied) whose Winning Team Score is closest to the actual score of the winning team in the Championship Game without going over; and (c) in the event that the tie is still not broken, to the entrant (among those still tied) whose Losing Team Score is closest to the actual score of the losing team in the championship game without going over. In the event there is still a tie after the above tiebreaker methods have been utilized, a random draw will be conducted live on show to determine the winner. All decisions regarding tiebreakers are at Sponsor’s sole discretion. In the event an entrant involved in a Tie failed to submit Tiebreaker Answers in connection with their Entry, that entrant will automatically be deemed to have forfeited the tiebreaker, and the Prize will be awarded to the other entrant involved in the tie (or, in the event more than two entrants tied and a tiebreaker is still needed, the Prize will be awarded via the tiebreaker methods described above). The result and Sponsor’s decision regarding winner selection are final and binding in all respects.
7. DESCRIPTION OF PRIZES. The Grand Prize Winner will receive a cash prize of $1,000.00 USD (Approximate Retail Value (“ARV”): $1,000.00).
LIMIT: Maximum one (1) Prize per person.
Prizes are not transferable and must be accepted as awarded. All costs and expenses associated with Prize acceptance and use not specifically provided herein and all federal, state, and local taxes, if any, are the sole responsibility of winner. In the case of unavailability of any Prize, Sponsor reserves the right to substitute a prize of equal or greater value. ARV is as of the date of posting of the Rules. The difference in value of a Prize as stated herein and the value at time of notification, if any, will not be awarded.
8. NOTIFICATION. Each winner will be notified by email. If a winning Entry is discovered to be invalid for any reason prior to delivery of a Prize, or if the winner cannot be contacted or does not respond within three (3) calendar days, fails to provide required information to fulfill a Prize, or is disqualified for any reason, that individual forfeits a Prize, and an alternate winner may be selected at the sole discretion of Sponsor. Any potential prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or a shorter time if required by exigencies), winner may be disqualified and an alternate winner may be selected. Any winner must also complete an IRS form W9 in order to receive such prize. If there is no winner by the 30th day after the end of the Contest, no further winners will be chosen. Upon Prize forfeiture, no compensation will be given. Decisions of Sponsor regarding Prize eligibility and determination are final. All potential winners are subject to verification by Sponsor.
PLEASE NOTE THAT EVEN IF YOUR CONTEST BRACKET IS LISTED AS A POTENTIAL WINNER AT THE CLOSE OF THIS CONTEST, YOU HAVE NOT YET WON A PRIZE. A POTENTIAL WINNER IS SUBJECT TO VERIFICATION AND MUST MEET ALL ELIGIBILITY REQUIREMENTS AND THE TERMS OF THESE OFFICIAL RULES BEFORE AN ENTRANT WILL BE CONFIRMED AS A WINNER AND A PRIZE WILL BE AWARDED.
9. PERMISSIONS. Except where prohibited by law, entry into this Contest constitutes permission for Sponsor to use your Entry, name, address (city and state), likeness, photograph, voice, biographical information, and/or any other information provided by you for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without notice or any compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Contest. Failure to comply with the foregoing conditions shall be grounds for forfeiture of the Prize.
10. PRIVACY. Except for the permissions you have granted herein, any personally identifiable information collected during your participation in the Contest will be collected and used by Sponsor as described in Sponsor’s privacy policies available at https://www.dailywire.com/privacy.
11.DISPUTES/GOVERNING LAW. You and Sponsor waive all rights to trial in any action or proceeding instituted in connection with these Rules or the Contest. Any controversy or claim arising out of or relating to these Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Davidson County, Tennessee in front of a single arbitrator.
THESE RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TENNESSEE WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee. The parties agree not to raise the defense of forum non conveniens or lack of jurisdiction.
12. MISCONDUCT/DECISIONS. Entrants are required to provide accurate, valid, and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal, or deceptive and will disqualify any entrant who tampers with the Entry process or the operation of the Contest or is otherwise in violation of the Rules. In case of dispute as to the identity of any entrant, the Entry will be declared made by the authorized account holder of the email address submitted at time of entry or the social media account used to enter the Contest. An “authorized account holder” is defined as the natural person who is assigned an email address or, if applicable, social media account by an Internet access provider, online service provider, social media site, or other organization (e.g., business, educational institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address or the domain associated with the email address used to register the social media account associated with the Entry. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address or social media account associated with the winning Entry. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate or modify the Contest at any time, in its sole discretion, if the Contest is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the Contest for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind. All decisions made by Sponsor with respect to these Rules or the Contest are final and binding in all respects.
13. RELEASE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS (“RELEASED ENTITIES”), AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE OR ANY PART OF A PRIZE, ENTERING THE CONTEST, OR PARTICIPATION IN THE CONTEST.
14. LIMITATION OF LIABILITY/DISCLAIMER OF WARRANTIES. In no event shall the released entities be liable to any winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Contest, or any aspect of winner’s or entrant’s participation in or termination from the Contest as provided herein, even if PREVIOUSLY advised of the possibility of such damages. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND THE PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
If any section, provision, term or clause of these Rules is held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
15. INQUIRIES/QUESTIONS. Any inquiries or questions regarding this Contest, including any request for the list of winners, may be sent by email to [email protected] or by regular mail to Sponsor at its address set forth above. Requests for the list of winners must be received no later than thirty (30) days after the end of the Tournament.