X Bracket Challenge

1) CONTEST/CHALLENGES PERIOD: The X Bracket Challenge presented by Uber Eats (the “Contest”) begins at 3:00 p.m. Pacific Time (“PT”) on March 16, 2025 and ends at 8:00 a.m. PT on March 20, 2025 (“Contest Period”). During the Contest Period, Entrants (defined below) will have the opportunity to also participate in four (4) Fantasy Games (“Challenges”), each will consist of six or fewer predictive questions per Challenge and will become available during the Contest Period. Entrants will receive a notification from X notifying them of when the Challenges are available and they will have until the timeframe specified to participate in that Challenge. X's systems are the official time keeping device for this Contest and these Challenges.

2) ELIGIBILITY: Open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age and age of majority in their state/jurisdiction of residence or older as of date of entry (“Entrant”). Void where prohibited by law. Employees of X Corp. (“X” or “Sponsor”), its parents, subsidiaries, divisions, affiliates, suppliers, distributors and advertising/judging agencies, their promotion agency (collectively “Released Parties”), their immediate and extended family members (including but not limited to spouses, domestic partners, parents, children, and siblings and their respective spouses, regardless of where they reside) and household members of each (whether related or not) are not eligible to participate or win. The Contest is subject to all applicable federal, state, and local laws and regulations. Entry constitutes Entrant’s full and unconditional agreement to these Official Rules. X’s decisions are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.

3) HOW TO ENTER: Entrants must visit X.com or download the X application from the Apple store or Google Play and fill out the X bracket and then log in if they have an existing X account, or create an X account for free and be logged in. Any information an Entrant shares or submits will be subject to X’s Privacy Policy and Terms of Service.

To enter the Contest, Entrants will be required to log into their X account, and complete the three (3) steps to participate in the Contest:

1. completing and submitting the registration form provided. 

2. creating a single tournament bracket consisting of 64 individual games, including the Championship Game (each, a “Bracket” or “Entry”). To create a Bracket, Entrant must predict a winner for each game (“Pick”) in all six (6) rounds of the applicable Men’s College Basketball Tournament (“Round”).

3. Submitting their prediction for the total points scored by both participating Men’s College Basketball Tournament Teams in the Championship game, scheduled for April 7, 2025.

Completed Brackets must be submitted by 8:00 a.m. PT on March 20, 2025, to be eligible to enter and win. Brackets cannot be revised once completed and submitted. Limit of one (1) Bracket per person/X account. Only Entrants who complete creating the Bracket and either sign up for a new account or are signed into their X account will be able to enter or win. Sponsor is not responsible if any Men’s College Basketball Tournament game is delayed, postponed or cancelled for any reason.

Screen shots, printouts or other purported “proof” or “evidence” of participation or winning, in lieu of X’s validation process, shall not be binding. Multiple Entrants may not use the same X account. Any attempt by an Entrant to acquire more than one (1) Bracket/Entry by using numerous email addresses, X accounts, registrations, identities, unauthorized bots, automated systems, or any other methods to create or alter Brackets/Entries or Challenges or manipulate the Bracket/Entries/Challenge or X platform will void that Entrant’s Bracket/Entry/Challenge participation and that Entrant may be disqualified. The use of automated software or computer programs, other than as may be provided by X, to participate in the Contest is prohibited, and any individual who uses or attempts to use such methods will be disqualified. Valid Brackets must be original to Entrant, contain all information requested and all three (3) steps of Entry must be complete. Incomplete Brackets will be disqualified. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the X account used to participate will be deemed to be the Entrant and they must comply with these Official Rules. The potential winners (as defined below) may be required to show proof of being the authorized X account holder. All Brackets will become the property of X and will not be acknowledged or returned. Entrant acknowledges and agrees that all information submitted in connection with the Contest is accurate and cannot be updated or removed. X is not responsible for lost, late, incomplete, invalid, garbled or misdirected Entries, which will be disqualified; for technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in, or accessing or downloading information in connection with, this Contest. X reserves the right, at its sole discretion, to disqualify any individual it finds tampering with the operation or participation process of the Contest or acting in violation of these Official Rules or applicable law. These Official Rules are the sole governing rules for the X Bracket Challenge presented by Uber Eats, including, but not limited to the Contest, and shall supersede and replace any other communications regarding the subject matter hereof.

Publicity Grant: By submitting a Bracket or participating in the Challenges, each Entrant and winner irrevocably grants to X and Prize Provider and their respective parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing, the right to use the Entrant’s name, likeness, voice, persona, biographical information and/or statements attributed to the Entrant and the Entrant’s Bracket or Challenges participation (collectively, “Personality Rights”), in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via X’s and third-party websites and social media and digital channels, for editorial, advertising, trade, promotional and commercial purposes and any other purposes, without further notice or compensation, unless prohibited by law.

Any Bracket or Challenges participation not in compliance with the above and which does not meet the requirements of these Official Rules will be disqualified.

ENTRY/CHALLENGES GUIDELINES:

• Entries must not contain, include, or encourage images or activities that are dangerous, unsafe, or present unreasonable risk of harm to person or property or include pranks or comedic content with negative intent on others.

• Entries must not contain or mention illegal drugs or stimulants.

• Entries must not contain obscene, profane, lewd, nudity, offensive language, defamatory, vulgarity or inappropriate content, or be disparaging to X, Prize Provider or Title Sponsor (defined below), as determined in X’s sole discretion. 

• Entries must not, and you represent and warrant that it will not, violate or infringe any third-party copyright, trademark, trade dress, logos, or other proprietary right of any entity or person (living or deceased), including, but not limited to rights of privacy, publicity or portrayal in a false light. 

• Entries must not refer to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than those owned by X, Title Sponsor or Prize Provider), slogans, political, or religious statements, or be otherwise objectionable.  

• Automatic disqualification if Entries contain X’s partner’s competitor products.

• Entries must not include any representation or likeness of celebrities, athletes, musicians, or any other public or private figure (living or dead unless you have express permission), any commercial solicitation or promotional materials or last name, address, phone number, or URL address. 

• Entries must be in keeping with the image or message of X in its sole discretion, or Entry will be disqualified from the Contest or Challenges. 

• Entry must be Entrant’s sole original work and may not have been submitted previously in a promotion of any kind or previously exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means.

• Entries must not contain material that promotes bigotry, racism, hate speech, terrorism, bullying or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

• Entries must not contain overtly sexual content.

• Entries cannot defame, misrepresent or contain disparaging remarks about X, Title Sponsor, Prize Provider, their respective partners or their products or other people, products or companies.

• Entries must not contain content that is known by the Entrant to be false, inaccurate or misleading.
  

By submitting an Entry in this Contest and/or Challenges, Entrant grants X and all other such persons as X may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, curate, prepare derivative works of and/or otherwise use the Entry, together or separate from Entrant’s Personality Rights, in any manner, form, format, or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of X and Prize Provider, the Contest and/or the Challenges, and X’s and Prize Provider’s products, all without further notice, consent or payment.

4) WINNER DETERMINATION: Grand Prize winner determination: At the conclusion of the Contest, if there is only one (1) Entrant with the correct winning Picks of each Round of their Bracket within the Tournament (the “Perfect Bracket”), that Entrant will be deemed the Grand Prize winner, subject to verification. The Grand Prize will not be awarded unless there is a Perfect Bracket. If there are two (2) Entrants tied for the Grand Prize, the Grand Prize winner will be determined by the tied Entrant who guesses the closest to the total for their prediction of the total points scored by both teams in the Championship game scheduled for April 7, 2025. In the event there is still a tie after the first tie-breaker, the Entrant who first submitted the Perfect Bracket/Entry based on time submitted, as recorded by X, will be deemed the potential Grand Prize winner. Once the tie(s) is/are broken, the tied Entrant who does not guess the closest to the total or submitted the Perfect Bracket/Entry later than the other tied Entrant will win the Runner-Up Prize. If there are more than two (2) Entrants that submitted a Perfect Bracket, the same tie-breakers will apply and any tied Entrants who are not determined to be first or second (as explained above) will not be eligible to receive a prize. Runner-Up Prize winner determination: If there is a tie for the Perfect Bracket, as explained above the second tied Entrant will win the Runner-Up Prize. If there are no Perfect Brackets, the Entrant who submitted the closest to a Perfect Bracket (in X’s sole discretion) will be deemed the Runner-Up Prize winner, subject to verification. Challenge Prize winner determination: four (4) Challenge winners (1 per Challenge) will be determined as the Entrant who submits the most correct answers to the individual Challenge with the quickest time for that Challenge, as recorded by X. If there are any Entrants tied for the First or Challenge Prizes, the winner will be determined by the tied Entrant who guesses the closest to the total for their prediction of the total points scored by both teams in the Championship game scheduled for April 7, 2025. By participating, Entrants agree to these Official Rules and the decisions of X, which shall be final and binding in all respects to the Contest and Challenges.

5) WINNER NOTIFICATION: Potential winners will be notified via direct message from X to the X account used to enter the Contest and/or Challenges. Entrants are solely responsible for monitoring their X account for notification. Potential winners must follow the instructions provided within the direct message within twenty-four (24) hours of notification to verify them. The potential winners will then be sent via email link, a Declaration of Eligibility, Liability & Publicity Release (where legal) and Assignment of Rights (“Declaration”) and will be required to complete, sign and return Declaration via email link within five (5) business days of being notified in order to be confirmed winners. If any potential winner fails to return the required documents within the required time period, or the potential winner notification is returned undeliverable, or in the event that the potential winner is disqualified for any reason, the Grand Prize will go unawarded (if there were no other tied Entrants with Perfect Brackets), but an alternate Challenge winner or Runner-Up winner (as appropriate) will be determined by the next Entrant who submits the next closest to a Perfect Bracket (in X’s sole discretion) for the Runner-Up Prize or the next Entrant who submits the next most correct answers for such Challenge will receive the associated Challenge prize. There will only be up to three (3) attempts to secure each of the four (4) Challenge Prize winners or Runner-Up Prize winner or such prizes will go unawarded. X assumes no responsibility for undeliverable potential winner/tied Entrant notification resulting from any form of active or passive filtering by email service providers or for insufficient space in user’s account to receive email. The potential winners may be subject to a background check at the sole discretion of X. Based on the results of the background check the potential winners may be disqualified: (a) if charged with or convicted of a felony or misdemeanor; (b) if X determines, in its sole discretion, that the potential winners may reflect unfavorably on the Contest, Challenges, X, Prize Provider or Title Sponsor; (c) if the potential winners are not eligible to receive such prizes based on the eligibility requirements set forth in these Official Rules. 

6) PRIZES AND APPROXIMATE RETAIL VALUES (“ARV”): One (1) Grand Prize: The opportunity to take a trip on SpaceX’s Starship vehicle to Mars (“Trip”). All details of this Trip will be at the Prize Provider’s sole discretion and there are many steps and requirements for usage of this prize that will be explained to the winner once they are approved and if the Trip is able to be taken by December 31, 2030. There is no current value associated with the Grand Prize, as it is not available to the public but there may be a value at the time of prize award. Value of the Grand Prize trip will be assessed at time of prize fulfillment and ARV may be adjusted based on value at time of award. A 1099 tax statement may be filed with the IRS for the actual value of the Grand Prize trip at time of award, and the Grand Prize winner will receive a 1099 form in the mail, to be processed in the year in which they receive the prize trip. Alternatively, In the event that the Grand Prize is not available for award by December 31, 2030, X will award the following prize as the Grand Prize for the winner: $250,000 awarded in the form of a check/e-check or wire transfer in the name of the Grand Prize winner, 1 year of standard residential Starlink service credit (ARV: $1,440), a Starlink standard kit (ARV: $349) and an opportunity to train like a SpaceX astronaut for a day (including some of the training activities that SpaceX astronauts/commercial astronauts undertake prior to missions with SpaceX). The training event would be held at the SpaceX astronaut training center, which is currently located in Hawthorne, CA and Prize Provider will arrange for travel to/from winner’s home and the facility (ARV: $100,000). The prize also includes the opportunity to send a personal item into space on a Falcon 9 launch (ARV: $3,000) and a “VIP viewing of a Starship launch” experience, including travel expenses to observe a launch at an event hosted by SpaceX at a facility near the launch site, including an informative briefing about the launch and select food and beverages (ARV: $5,000) (“Opportunity and VIP Launch Viewing”) (Complete Prize ARV: $359,789). Starlink pricing varies by location (even within the US), and for details of the Starlink service, visit: https://www.starlink.com/us/residential. VIP Launch Viewing is hosted by SpaceX at a facility on or near the launch site.  It will include an informative briefing about the launch and select food and beverages. The Grand Prize award is conditional on the winner’s acceptance of and continued compliance with SpaceX’s standard terms and conditions for human spaceflight missions (including, without limitation, passing physical and psychiatric medical and other exams) and compliance with applicable law. The launch date for the mission shall be solely determined by SpaceX, but the mission shall be no earlier than SpaceX’s second commercial human spaceflight mission to Mars. The Grand Prize is subject to acceptance of and continued compliance with SpaceX’s standard terms and conditions for launch services and compliance with applicable law at the time of prize redemption. The Grand Prize may not be assigned, sold, or otherwise transferred to anyone else by the winner. If the Grand Prize winner is unable to meet SpaceX's standard terms and conditions for human spaceflight missions, or unable to travel on dates specified, or does not claim or use any prize element, such prize element will be forfeited and go unawarded. The Grand Prize is subject to additional restrictions. The Grand Prize consists of only the items specifically listed as part of the prize (either version) in these Official Rules and prize details not specified herein shall be determined solely by X. For the alternate Grand Prize, the item that will be sent to space has the following limitations (in addition to agreeing to and complying with SpaceX’s standard terms for sending personal items to space): The winner may fly personal items such as jewelry, pictures, letters, or patches in accordance with the following rules and subject always to SpaceX’s approval, in its sole discretion:

• Volume – the items must fit into a standard-size 3”x4”x0.5” or 6”x8”x.15” bag provided by SpaceX.

• Weight – total weight of the Items must be less than 6 oz.

• Items cannot include any of the following:

  • Liquids

  • Food or living things such as plants, seeds are acceptable

  • Electronics

  • Anything that receives or transmits signals

  • Pressure vessels or anything that could leak liquids or gas

  • Items or materials included on the FAA Hazardous Materials Table at 49 C.F.R. 172.101, availablehere: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-C/part-172/subpart-B/section-172.101. This table includes lithium batteries, alcohol, ammunition and other explosives

• Items must be able to be vacuum-bagged and withstand low atmospheric pressure, e.g., no sharp objects or fragile items that may shatter under vacuum, such as glass or ceramics.

• Items will be integrated in a container inside the F9 Interstage.  

• Items will be exposed to vacuum, wide temperature ranges (30ºF-150ºF), contaminants, and high vibration environments.  It is the winner’s responsibility to ensure that their Items can withstand these environments.

One (1) Runner-Up Prize winner will receive $100,000 awarded in the form of a check/e-check or wire transfer in the name of the Runner-Up Prize winner. 

Four (4) Challenge winners (1 per Challenge) will receive $10,000 awarded in the form of a check/e-check or wire transfer in the name of the winner. No substitution or transfer of prizes permitted except at the sole discretion of X who reserves the right to substitute prizes of equal or greater value in the event any prize is unavailable. Prizes may be substituted for any reason at the sole discretion of X.   

7) GENERAL RULES: All federal, state and local taxes are the sole responsibility of each prize winner and they will receive an IRS 1099 tax form for the year that their prize is awarded. All federal, state and local laws and regulations apply. By entering the Contest, each Entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties, Uber Technologies, Inc. (“Title Sponsor”), or SpaceX (“Prize Provider”) in connection with the Contest; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties, Title Sponsor and Prize Provider from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys' fees) that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-related activity or element thereof, and the Entrant's Entry, participation or inability to participate in the Contest; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), participation in the Contest and/or Challenges or any use or travel associated with the Grand Prize; (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by Entrant. If determined the Grand Prize winner, they must be willing to sign additional releases of liability and waivers specific to the Trip. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE OR MANIPULATE ANY WEB SITE/X ACCOUNT OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST AND/OR CHALLENGES ARE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, X RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Any suspected use of robotic, automatic, programmed, or the like methods of participation will void all such submissions by such methods. If, for any reason, the Contest and/or Challenges are not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of X (e.g., events such as natural calamities, national emergencies, widespread illnesses, declarations of war, acts of God, acts of terrorism, cancellation of the Men’s College Basketball Tournament) which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest and/or Challenges, then X reserves the right at its sole discretion to cancel the Contest and/or Challenges and determine the winners (if applicable) as explained above from all eligible Brackets and/or Challenges questions prior to cancellation. X reserves the right at its sole discretion to disqualify any individual who tampers with any process or harasses X, Released Parties, Title Sponsor, Prize Provider or any other Entrant. The Released Parties, and each of their respective parent companies, subsidiaries, affiliates, officers, directors, employees, owners, distributors, retailers, agents, assignees, advertising/promotion agencies, representatives, and agents shall have no liability and will be released and held fully harmless from any claim, action, liability, loss, injury or damage, including without limitation personal injury or death to winners or any third party or damage to personal or real property due in whole or in part, directly or indirectly by any reason, including the acceptance, possession, use or misuse of any prize and/or participation in this Contest and or Challenges. Information submitted by Entrants are the views/opinions of individual Entrants and do not reflect the views of X, Released Parties, Title Sponsor, or Prize Provider in any manner. X is not responsible for any typographical or other error in the printing of the offer, administration of the Contest and/or Challenges or in the announcement of the prizes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest and/or Challenges materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. In no event will more than the stated number of prizes be awarded. In addition, should the 2025 Men’s College Basketball Tournament be postponed, shortened, interrupted, modified, or canceled for any reason, Sponsor reserves the right at its sole discretion to award the promoted prize(s) at the time the 2025 Men’s College Basketball Tournament is affected, or to cancel, terminate, modify, or suspend the Contest without awarding the promoted prize(s). Contest dates are subject to change as a result of any changes made to the dates of the 2025 Men’s College Basketball Tournament.

8) DISPUTE RESOLUTION AGREEMENT - BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

a. General. The following provisions are important with respect to the agreement between you and X regarding X’s features and services memorialized by these Terms. Subject to the provisions below, including exceptions set forth in this Section, you and X agree to arbitrate any disputes, claims, or controversies arising out of or relating to these Terms and/or your participation in the Program (individually a “Dispute,” or more than one, “Disputes”).

b. Initial Dispute Resolution. Most disputes between you and X can be resolved informally. You may contact us by writing to Paid Support here. When you contact us, please provide a brief description of the nature and bases for your concerns, your contact information, and the specific relief you seek. The parties shall use their best efforts through this support process to settle any Dispute other than an Exempted Dispute. You and we agree that good faith participation in this informal process is required and must be completed as set forth above before either party can initiate arbitration regarding any Dispute.

c. BINDING ARBITRATION. If we cannot reach an agreed upon resolution with you regarding a Dispute within a period of thirty (30) days from the time informal dispute resolution commences under the Initial Dispute Resolution provision above, then either you or we may initiate binding arbitration, which will be the sole means to resolve any Dispute, subject to the terms set forth below and except for claims brought in small claims court or Exempted Disputes, unless you opt out. Specifically, all Disputes shall be finally resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) in Bastrop, Texas, and through a single mutually agreed upon arbitrator who must be a formal federal judge, in accordance with the provisions of the AAA’s Consumer Arbitration Rules, available at www.adr.org or by calling the AAA at 1.800.778.7879, except as provided below. YOU AND X HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY OR JUDGE, EXCEPT WITH RESPECT TO EXEMPTED DISPUTES.

Except with respect to Exempted Disputes, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including, but not limited to, any claim that all or any part of these Terms are void or voidable, or whether a Dispute is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, provided that such relief (including injunctive relief) is limited to your individual circumstances. Notwithstanding the requirements of this arbitration provision, if the Dispute involves a claim for public injunctive relief, you may choose to sever that claim from the arbitration proceeding and bring it in any court of proper jurisdiction. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

YOU HAVE ONE YEAR TO BRING A CLAIM AGAINST X. You must bring any claim against X arising out of or related to these Terms within one (1) year after the date of the occurrence of the event or facts giving rise to the dispute, unless applicable law provides that the normal statute of limitations for that claim may not be shortened by agreement. If you do not bring a claim within this period, you forever waive the right to pursue any claim or cause of action, of any kind or character, based on such events or facts, and such claims or causes of action are permanently banned, and X will have no liability with respect to such claim.

d. Filing Process and Costs. To start an arbitration, you can get submission instructions at: https://adr.org/Support. X will pay the consumer’s initial filing fee of $200, however notwithstanding any rules of the AAA to the contrary, the parties agree to share equally all other costs of the arbitration, including the arbitrator's fees and expenses, except to the extent required by law. The arbitrator (and not AAA) shall have the sole authority to determine any disputes that arise concerning the allocation of costs and expenses, including the fees and expenses of the arbitrator. If the arbitrator determines that claims were filed for the purposes of harassment or were patently frivolous, the arbitrator can reallocate the arbitrator’s compensation and administrative fees, including the filing and hearing fees, as set forth in the AAA Consumer Arbitration Rules. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

e. Location. Arbitration will take place on a documents-only basis or you can choose to conduct the proceedings by telephone, video, or in-person. For in-person arbitration, the proceedings will be in the city or county where you reside or, if you do not reside in the United States, in the State of Texas.

f. Class Action Waiver. To the extent permitted by law, you also waive the right to participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

g. Severability. If it is determined that any part of this Dispute Resolution Agreement cannot be enforced as to a particular claim for relief or remedy (such as injunctive relief), then that claim or remedy (and only that claim or remedy) shall be severed and must be brought in a court of proper jurisdiction and any other claims must be arbitrated.

h. Exception - Exempted Disputes and Small Claims Court Claims - Forum Selection. Notwithstanding the parties’ decision to resolve all other Disputes through arbitration, any disputes, claims, or controversies arising from fraud (“Exempted Disputes”) shall be submitted to the exclusive jurisdiction of the federal or state courts located in New York County, New York, United States, and you consent to personal jurisdiction in those courts and waive any objection as to inconvenient forum. Without prejudice to, and notwithstanding the foregoing, you agree that, in its sole discretion, X may bring any Exempted Dispute we have against you in any competent court in the United States. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.  

i. 30-Day Right to Opt Out. If you wish to opt out and not be bound by these arbitration provisions set forth above, you can send written notice of your decision to opt out to the following address:

X Corp.
Attn: Legal Department - Arbitration Opt Out
865 FM 1209, Building 2
Bastrop, TX 78602

If you have already been accepted to the Program, you may submit your opt out notice by writing to Paid Support here.

Your written notification must include your name, X account handle, the email address or phone number associated with your account handle, and a clear statement that you do not wish to resolve Disputes with X.

The notice must be sent within 30 days of your acceptance of these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those provisions. You may also send the notice prior to accepting these Terms, in which case we will deem you to have opted out of arbitration. Your decision to opt out of this arbitration provision will have no adverse effect on your relationship with X or the delivery of features or services to you by X. If you opt out of those provisions, X also will not be bound by them.

j. Changes to this Section. We will provide 30-days’ notice of any material change to this Dispute Resolution Agreement. Changes will become effective on the 30th day and will apply prospectively only to any claims arising after the 30th day.

k. Choice of Law. THESE TERMS MEMORIALIZE A TRANSACTION IN INTERSTATE COMMERCE. THE FEDERAL ARBITRATION ACT AND INTERPRETING CASE LAW GOVERN THE INTERPRETATION AND ENFORCEMENT OF THESE ARBITRATION PROVISIONS, WITHOUT REGARD TO STATE LAW. To the extent state substantive law applies to any Dispute, the law of the State of Texas shall apply, without regard to conflict of law provisions.

l. Survival. This Dispute Resolution Agreement survives the end of the relationship between you and X, including cancellation of or unsubscribing from any services or communications provided by X.

9) GAMBLING PROHIBITION: This Contest is strictly for entertainment purposes and may not be used in connection with any form of gambling.

10) PRIVACY: X will be collecting personal data about Entrants online for purposes of this Contest only unless opted in otherwise, in accordance with its Privacy Policy. Please review X's Privacy Policy at https://x.com/en/privacy. By participating in the Contest, Entrants hereby agree to X's collection and usage of their personal information for purposes of fulfilling this Contest and acknowledge that they have read and accepted X's Privacy Policy. 

11) WINNERS LIST: To receive a list of winners, send an email to: bracketchallenge@x.com with X Bracket Challenge presented by Uber Eats as the subject line. Requests must be received by April 18, 2025. Winners list will be available after all prizes have been awarded. 

12) SPONSOR: X Corp., 865 FM 1209, Building 2, Bastrop, TX 78602.