PSAT/NMSQT Terms and Conditions
Revised: May 23, 2022
Introduction
These Terms and Conditions ("Terms and Conditions" or "Agreement") are a legal contract between you and College Board ("College Board" or "we"). They set forth important rules and policies you must follow related to taking the PSAT/NMSQT. Please read these carefully.
Additional COVID-19 related requirements may be communicated to you prior to or on test day. You agree to abide by such requirements.
All disputes between you and College Board will be resolved through binding arbitration in accordance with Section 8 of this Agreement. You understand that by agreeing to arbitration, you are waiving your right to resolve disputes in a court of law by a judge or jury except as otherwise set forth in this Agreement.
Contents:
- Section 1. Required and Prohibited Items for Testing
- Section 2. Prohibited Behaviors
- Section 3. Score Cancellation and Disciplinary Measures
- Section 4. Privacy
- Section 5. Miscellaneous
- Section 6. Policies and Requirements
- Section 7. Intellectual Property Rights
- Section 8. ARBITRATION OF DISPUTES AND CLASS ACTIONS WAIVER
- Section 9. Venue and Waiver of Jury Trial
- Section 10. LIMITATIONS OF LIABILITY
- Section 11. Severability
- Section 12. Restricted Registrations
- Section 13. Accessibility of These Terms and Conditions
Section 1. Required and Prohibited Items for Testing
- You must bring the following items to the PSAT/NMSQT in accordance with satsuite.collegeboard.org/psat-nmsqt/taking-the-test/what-to-bring-leave:
- Valid school or government issued photo ID (for students not testing at their own school)
- Two No. 2 pencils that have erasers
- Acceptable calculator (as set forth later in this section) for math sections where they are allowed
- Earphones, only if you’re approved for assistive technology–compatible or pre-recorded audio accommodations
- Epinephrine auto-injector (e.g., EpiPen) in a clear plastic bag if you need one
- You may not bring prohibited items to the test. Prohibited items include but aren't limited to:
- Mobile phones, smartwatches, fitness trackers, or other wearable technology (simple digital non-smartwatches or analog watches are acceptable)
- Audio players or recorders, tablets, laptops, notebooks, Bluetooth devices (e.g., wireless earbuds/ headphones), or any other personal computing devices
- Separate timers of any type
- Cameras or any other photographic equipment
- Pens, highlighters, or mechanical or colored pencils
- Books or references of any kind
- Compasses, rulers, protractors, or cutting devices
- Papers of any kind, including scratch paper
- Earplugs
- Unacceptable calculators that have computer-style (QWERTY) keyboards, use paper tape, make noise, or use a power cord
- Weapons or firearms
- Acceptable Calculators. A battery-operated, handheld calculator can be used for testing on the PSAT/NMSQT Math with Calculator section only. No power cords are allowed. If you have a calculator with characters that are 1 inch or higher, or if your calculator has a raised display that might be visible to other test takers, you will be seated at the discretion of the testing staff. All scientific calculators, which can perform complex mathematical functions but don’t have a graphing feature, are acceptable as long as they don’t have any prohibited features. For a list of acceptable graphing calculators, see satsuite.collegeboard.org/psat-nmsqt/taking-the-test/what-to-bring-leave/calculator-policy. No other calculators are permitted.
- If you do not bring the required items, or if you bring prohibited items, you may be denied admission to or be dismissed from the testing site; in addition, we may decline to score your test, or cancel your score.
Section 2. Prohibited Behaviors
- You may not engage in the prohibited behaviors set forth below:
- Attempt to cheat or otherwise obtain an unfair advantage on the PSAT/NMSQT
- Remove or attempt to remove any test questions or responses or any notes from the testing room, including through memorization, give them to anyone else, or discuss them with anyone else through any means, including, but not limited to, email, text messages, or the internet
- At any time, improperly access the test area, the test (or any part of the test), an answer key, or any information about the test
- Refer to, look through, or work on a test section in the test book or answer sheet, other than during the testing period for that test section
- Refer to, or look through, any test section while leaving the answer sheet blank
- Attempt to give or receive assistance, including by copying or through the use of an answer key
- Discuss or share information about the test including questions, answers, identifying information about the version or form of a test, or any other information that might compromise the security of the test at any time (including before the test, during the test, during breaks, or after the test)
- Communicate with other test takers or other individuals in any form while testing is in session
- Allow anyone to see the test questions or your answers or attempt to see or copy others’ test questions or answers
- Consult notes, other people, electronic devices, textbooks, or any other resources during the test or during breaks
- Have subject-related information on your clothing, shoes, or body
- Use or access any prohibited items including devices or aids such as, but not limited to, mobile phones, smartwatches, fitness trackers, other oral or written communication devices or wearable technology, cameras, notes and reference books, etc., during or in connection with the test, including during breaks
- Fail to turn in or store away a mobile phone in accordance with the testing staff’s collection process
- Share a calculator with another person
- Use a calculator on any test section other than the Math with Calculator section unless approved by College Board as an accommodation
- Use a prohibited calculator
- Leave the testing room without permission and prior to the conclusion of all sections of the test
- Go to a locker or leave the building at any time during the test administration, including during breaks
- Deliberately attempt to and/or take the test for someone else or attempt to have someone else impersonate you to take the test
- Deliberately create fake or multiple College Board student accounts
- Provide false information to College Board
- Disturb others
- Consume food or drink in unauthorized areas
- Exhibit or engage in confrontational, threatening, or unruly behavior, conduct, or communication toward or concerning any test taker, test administrator, proctor, employee of College Board or College Board contractor
- Allow an alarm or a personal item to sound in the testing room
- Fail to follow any of the test administration rules set forth in these Terms and Conditions or directions given by the testing staff
Section 3. Score Cancellation and Disciplinary Measures
- Score Cancellation and Disciplinary Measures. In the event that College Board and/or its contractors determine that your scores are invalid under Section 3(b) below, or you have engaged in Misconduct under Section 3(c) below, we may, in our sole discretion, take 1 or more of the following measures ("Measures"): deny you entry to a test administration, dismiss you from the test, decline to score your test, cancel your scores, ban you from taking future College Board assessments (including without limitation the SAT®, the Advanced Placement® (AP®) and CLEP® Exams), and/or share information with others as set forth in Section 3(f) below.
- Invalid Scores. We may cancel your scores and/or take any of the other Measures described above, if after following the procedures set forth in this section, we determine, in our sole discretion, that there is substantial evidence that your scores are invalid ("Invalid Scores"). Examples of evidence of Invalid Scores include, without limitation, discrepant handwriting, unusual answer patterns, or other evidence that indicates these Terms and Conditions have been violated. Before canceling your scores under this Invalid Scores section, we will notify you in writing (via email if an email address is available) and offer you 3 options: voluntary score cancellation, a free retest under closely monitored conditions (during the following 2 administrations after such review), or an opportunity to submit additional information and request a further review by a College Board panel. If you opt for a further review by a College Board panel, and it confirms, in its sole discretion, that your scores are invalid, we will offer you 3 options: voluntary score cancellation, a free retest under closely monitored conditions (during the following 2 administrations after such review), or arbitration. This process is referred to as the "Score Validity Process." Additional information about security measures and consequences of violating security policies is set forth in sat.org/test-security. The arbitration option is available only for tests administered in the United States and U.S. territories.
- Misconduct. Notwithstanding Section 3(b) above, if we determine, in our sole discretion, that there is overwhelming evidence that you violated these Terms and Conditions ("Misconduct"), the Score Validity Process will not apply, and we may cancel your scores and/or take any of the Measures described above. Examples of Misconduct might include overwhelming evidence that you used or attempted to use an answer key or mobile phone. Misconduct may be established in various ways including, without limitation, through observations during an administration, or by evidence discovered afterward. If your scores are canceled due to Misconduct, you will forfeit test and registration fees.
- Testing Irregularities. We may cancel your scores if we determine, in our sole discretion, that any testing irregularity occurred (collectively "Testing Irregularities"). Examples of Testing Irregularities include problems, irregular circumstances, or events associated with the administration of a test that may affect 1 test taker or groups of test takers. Such problems include, without limitation, administrative errors (e.g., improper timing, improper seating, improper admission to a testing site, providing accommodations not approved by College Board, defective materials, and defective equipment), evidence of possible preknowledge of secure test content, and disruptions of test administrations caused by events such as natural disasters, epidemics or pandemics, wars, riots, civil disturbances, or other emergencies.
When Testing Irregularities occur, we may cancel an entire administration or individual registrations, decline to score all or part of the test, or cancel scores. We may do this regardless of whether or not you caused the Testing Irregularities, benefited from them, or violated these Terms and Conditions. We may, in our sole discretion, give you the opportunity to take the test again within a reasonable time frame, and without charge. This is the sole remedy that may be available to you as a result of Testing Irregularities. You may not review scores from an affected administration before choosing the option of taking a makeup test.
In some instances, scores may be issued for guidance purposes only. This means that the test was not administered in accordance with testing policies described in the PSAT/NMSQT Coordinator Manual. Therefore, the resulting scores cannot be considered for some scholarship competitions. When scores are provided for guidance purposes only, a message will appear below the National Merit Scholarship Corporation (NMSC®) Selection Index score on your score report directing you to follow up with the test coordinator at your school to learn more about the reason for the "guidance purposes only" report. Students who are otherwise eligible and who are interested in entering the National Merit® Scholarship Program should turn to page 7 of the National Merit Scholarship Program section of the PSAT/NMSQT Student Guide to learn how to request information about another route of entry to the 2024 competition.
College Board will forward all reports of misconduct or testing irregularities to NMSC, which reserves the right to make its own independent judgment about a student's participation in the National Merit Scholarship Program. - Test Taker Reporting Violations or Suspicious Behavior. You may confidentially report any suspected violation of the PSAT/NMSQT Terms and Conditions, or any suspicion concerning the security of an PSAT/NMSQT test administration, by immediately reporting this information to College Board by emailing us at [email protected].
- College Board Sharing Information with Third Parties. We may share the results of test security investigations (including without limitation those relating to Misconduct and Invalid Scores described above, and other disciplinary-related information), with third parties, including with your school, any score recipient, college, higher education institution or agency, scholarship organization, potential score recipient, government agency in the United States or abroad, parents, legal guardians, or law enforcement. College Board may also share such information with third parties that have a legitimate reason for knowing the information or who may be able to assist College Board in its investigation or who may be conducting their own investigation. College Board may respond to inquiries from any institution to which you submitted a score. If you publicize any review, investigation, or decision of College Board, College Board may make any and all details of such matter public.
Section 4. Privacy
- Privacy Policies. College Board recognizes the importance of protecting your privacy. Our privacy policies located at collegeboard.org/privacy-center ("Privacy Policies") are part of these Terms and Conditions. You consent to collection, use, and disclosure by College Board of your personally identifiable information described in the Privacy Policies and in these Terms and Conditions. College Board may update its Privacy Policies from time to time, and they are subject to change up to 1 week prior to your test date and any subsequent test dates. You are required to review the Privacy Policies located at collegeboard.org/privacy-center prior to each test administration.
- Voluntary Student Search Service™. If you decide to opt in to our voluntary Student Search Service ("Student Search Service"), then:
- We will share information about you that you provide to College Board (including without limitation your personally identifiable information, score ranges, questionnaire responses, and information you provide on the college planning website of College Board) with participating accredited colleges, universities, nonprofit scholarship programs, and nonprofit educational organizations ("Education Organizations"). If you opt in to Student Search Service, we may share information that you provided prior to and after opting in to Student Search Service, but we will not share any information until you opt in.
- Education Organizations may use this information to send you, or your parent, email and postal mail with information about their educational, financial aid, and scholarship opportunities. Being contacted by Education Organizations doesn’t mean you have been admitted. You must submit an application to be considered for admission.
- Education Organizations pay a license fee to College Board to license (use) your information. College Board uses these license fees to help support its mission-driven work. Students do not pay a fee for Student Search Service.
- Education Organizations may only use your information for the purpose of sending you information about their opportunities. They (i) may not share your information with others except to their contractors such as direct mail service providers, and (ii) may only keep your information for a limited time period.
- Opt-out: You can opt out of Student Search Service at any time at my.collegeboard.org/profile/privacy or by contacting us at [email protected] or 866-825-8051.
- More information on Student Search Service is available at studentsearch.collegeboard.org.
- Educational Reporting. We send your scores, data derived from your scores, and other information you provide during testing to your school and district. In addition, your scores may be sent to your state for educational, diagnostic, and/or reporting purposes. (Homeschooled students’ scores won’t be shared with the school that administers the test.)
- National Merit Scholarship Program. We send your scores and other information you provide during testing to our cosponsor, National Merit Scholarship Corporation ("Cosponsor" or NMSC) for it to consider your eligibility for its National Merit Scholarship Program in accordance with the PSAT/NMSQT Student Guide and www.nationalmerit.org. NMSC may in turn share your name, address, and birth date with your high school if you qualify for entrance to the National Merit Scholarship Program.
Section 5. Miscellaneous
- In the event of a test security related concern, public health threat including without limitation an epidemic or pandemic, natural disaster, terrorist act, civil unrest, or other unexpected events or circumstances, College Board may cancel testing for all or a specific group of test takers. When this occurs your school or testing location will work with College Board to request an alternate test date or provide other options for testing if feasible.
- To ensure the integrity of the PSAT/NMSQT, for security reasons, or for other reasons in our sole discretion, College Board reserves the right to bar any individual or group of individuals from registering for and/or taking any College Board assessment.
- If College Board becomes aware that you or someone else may be in imminent danger, we reserve the right to contact the appropriate individuals or agencies, including your parents, guardians, high school, or law enforcement agencies.
- College Board or its designee may use methods to capture images, video, or audio at any or all testing sites to help ensure test security. The resulting images or recordings, which may permit College Board to identify specific individuals, may be collected, stored, reviewed, and used for the purposes of (i) identifying, collecting evidence of, and/or investigating possible PSAT/NMSQT test security incidents; and (ii) enhancing PSAT/NMSQT test security. These images and/or recordings are maintained following the test administration for as long as reasonably necessary for the purposes specified. Thereafter, the images and recordings are securely destroyed. College Board will not use or disclose such information except as described earlier in this section, as requested by law enforcement, and/or as reasonably necessary to protect the rights and property of College Board or third parties.
- College Board occasionally pretests new questions to determine if they should be included in a future PSAT/ NMSQT. These questions may appear in any of the test sections, and testing time will be appropriately extended so you have time to answer them. They will not be included in computing your scores. Scored test items (questions) and entire test forms may be used in more than 1 test administration.
- After the PSAT/NMSQT, we may send you an email invitation requesting you to participate in a test experience survey or to answer sample test questions. If you provide us with an email address, you may receive an invitation via email. Participation is optional and will not affect your scores.
- College Board takes steps to ensure that answer sheets are properly handled and scored. In the unlikely event of a problem with shipping or processing answer sheets, or score reports, or with scoring the test, or score reporting, College Board will correct the error, if possible, and may schedule a makeup test for impacted test takers. This is your sole remedy in relation to such issues. College Board has sole discretion in determining whether to score lost answer sheets that are eventually recovered.
- All personal property brought into the testing site, such as purses, bags, backpacks, mobile phones, and calculators and other electronic devices, may be subject to search at the discretion of College Board and testing staff. College Board and testing staff may confiscate and retain for a reasonable period of time any personal property suspected of having been used, or capable of being used, in violation of our test security and fairness policies, for further investigation.
- College Board and the testing site will not be responsible for personal property, including prohibited items, brought to the testing site on test day that becomes lost, stolen, or damaged.
- Each College Board contractor and Cosponsor is a third-party beneficiary and is entitled to the rights and benefits under this Agreement and may enforce the provisions of this Agreement as if it were a party to this Agreement.
Section 6. Policies and Requirements
- All College Board policies and requirements (i) referenced in these Terms and Conditions and (ii) relating to taking the PSAT/NMSQT located at satsuite.collegeboard.org/psat-nmsqt/taking-the-test, what to bring and what to leave home on test day located at satsuite.collegeboard.org/psat-nmsqt/taking-the-test/what-to-bring-leave, and scores located at satsuite.collegeboard.org/psat-nmsqt/scores.
- College Board may update its policies and requirements from time to time, and they are subject to change up to 1 week prior to your test date. You are required to review these prior to each test administration.
Section 7. Intellectual Property Rights
- All College Board tests, test-related documents and materials, and test preparation materials are copyrighted works owned by College Board and protected by the laws of the United States and other countries.
- College Board owns all answers and answer documents you submit, and these may be used by College Board for any purpose, subject to College Board Privacy Policies located at collegeboard.org/privacy-center and these Terms and Conditions.
Section 8. Arbitration of Disputes and Class Actions Waiver
- General Arbitration Rules ("General Arbitration Rules")
- Any dispute regarding the enforceability of these arbitration provisions, or whether a dispute is subject to these arbitration provisions, shall be resolved by the arbitrator.
- All disputes between you and College Board and/or any or all of its contractors or Cosponsor that relate in any way to registering for, participating in, or taking the PSAT/NMSQT, including but not limited to requesting or receiving test accommodations, score reporting, the use of your data, test security issues, or the Score Validity Process, but excluding all claims that a party violated the intellectual property rights of the other party, shall exclusively be resolved by a single arbitrator through binding, individual arbitration administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules in effect at the time a request for arbitration is filed with the AAA. Copies of the AAA Consumer Arbitration Rules are located at adr.org.
- Disputes relating to the Score Validity Process (defined in the “Invalid Scores” section herein) are subject to both these General Arbitration Rules and the Supplemental Arbitration Rules defined below. If there is a conflict between the General Arbitration Rules and the Supplemental Arbitration Rules, the Supplemental Arbitration Rules will control.
- This arbitration will be conducted as a documents-only arbitration (i.e., there will be no in-person or telephone hearing) unless otherwise agreed by the parties or required by the arbitrator. Should the parties agree to or the arbitrator require proceedings, such proceedings should be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the parties agree that the proceedings will be conducted via a video or telephonic call or, in the event that face-to-face proceedings are agreed to by the parties or required by the arbitrator, at a location that is reasonably convenient to both parties in accordance with the AAA Consumer Arbitration Rules.
- The parties agree that the Federal Arbitration Act ("FAA") 9 U.S.C. § 1 et seq. governs this provision, and it is the intent of the parties that the FAA shall preempt all State laws to the fullest extent permitted by law.
- No arbitration may be maintained as a class or collective action, and the arbitrator shall not have the authority to combine or aggregate the disputes of more than 1 individual, conduct any class or collective proceeding, make any class or collective award, or make an award to any person or entity not a party to the arbitration, without the express written consent of College Board.
- By agreeing to arbitration in accordance with this section, you are waiving your right to have your dispute heard by a judge or jury except as set forth below.
- To commence arbitration, you must pay the AAA filing fee (unless AAA agrees to waive the fee for you) and follow the AAA Consumer Arbitration Rules. The filing fee will be reimbursed by College Board if you prevail in arbitration. Each party will be responsible for its own attorney’s fees and expenses. College Board generally pays the arbitrator's compensation but the arbitrator may require you to pay those fees if the arbitrator determines that your claim was filed for purposes of harassment or is patently frivolous, as per the AAA Consumer Arbitration Rules.
- Supplemental Arbitration Rules for the Score Validity Process ("Supplemental Arbitration Rules")
- If you receive a notice from us that your scores are subject to the Score Validity Process, you may be provided with the option to choose arbitration. In addition to the General Arbitration Rules, the below rules will apply.
- The sole issue for the arbitrator to decide is whether College Board acted in good faith and followed the Score Validity Process.
- This arbitration will be based only on (i) the documents you submitted to College Board pursuant to the Score Validity Process and (ii) College Board documents unless otherwise agreed by the parties or required by the arbitrator.
- If the arbitrator finds that College Board did not act in good faith in deciding to cancel your scores, your scores will not be canceled (or they will be reinstated, if applicable).
- All other disputes with College Board will be resolved solely by the General Arbitration Rules in 8(a) above.
- Notwithstanding the foregoing arbitration provisions in Sections 8(a) and 8(b) above, either party may take a claim to small claims court instead of arbitration if the party’s claim is within the jurisdiction of the small claims court, as permitted in the AAA Consumer Arbitration Rules. If either party institutes an action in small claims court, you and College Board agree to accept the findings of the small claims court as a final resolution of the parties’ dispute and not to appeal the small claims court’s decision or pursue any other claim (including a claim asserted in arbitration) relating to that dispute.
Section 9. Venue and Waiver of Jury Trial
All disputes arising from or related to these Terms and Conditions that are not subject to arbitration under Section 8 shall be resolved exclusively in the state and federal courts located in New York County, New York State, and each party to these Terms and Conditions irrevocably consents to the jurisdiction of such courts. Each party expressly waives any right to a jury trial in any lawsuit arising from or related to these Terms and Conditions.
Section 10. Limitations of Liability
EXCEPT TO THE EXTENT FINALLY DETERMINED TO BE PROHIBITED BY LAW, THE TOTAL LIABILITY OF COLLEGE BOARD AND ITS COSPONSORS TO YOU OR ANYONE CLAIMING. BY OR THROUGH YOU OR ON YOUR BEHALF, FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES ARISING OUT OF OR RESULTING FROM OR IN ANY WAY RELATED TO COLLEGE BOARD, OR ANY TEST ADMINISTRATION BY COLLEGE BOARD, FROM ANY CAUSE, SHALL NOT EXCEED THE TEST REGISTRATION FEES YOU PAID TO COLLEGE BOARD (IF APPLICABLE) OR $100.00, WHICHEVER IS GREATER. IN ADDITION, COLLEGE BOARD AND ITS COSPONSOR WILL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES.
Section 11. Severability
If any provision or part of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way, and, to the extent possible, the invalid, illegal, or unenforceable provision shall be modified so that it is valid, legal, and enforceable and, to the fullest extent, reflects the intention of the parties.
Section 12. Restricted Registrations
College Board, along with our service providers overseas, is subject to U.S. economic sanctions, laws, and regulations and is prohibited from providing testing services to, or accepting registrations from, persons residing in certain areas or designated by the U.S. government as Specially Designated Nationals and Blocked Persons (collectively, "Sanctioned Persons"), unless specifically licensed or otherwise authorized by the U.S. government. If a Sanctioned Person attempts to register despite U.S. sanctions that prohibit College Board from doing business with such Sanctioned Person, College Board or a U.S. financial institution may block the registration or payments submitted by or for such Sanctioned Persons. If payment is not blocked, College Board is required to cancel the registration and may not be able to refund the payment. Please contact PSAT/NMSQT Customer Service at 866-433-7728 (+1-212-713-8105 internationally) or the website of the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) to obtain the current list of sanctioned programs and Sanctioned Persons.
Section 13. Accessibility of These Terms and Conditions
If you have difficulty accessing these Terms and Conditions, including our policies and requirements, please contact College Board Customer Service at 866-433-7728 (+1-212-713-8105 internationally) or satsuite.collegeboard.org/contact-us iin advance of registering or taking the PSAT/NMSQT. We will be happy to provide these Terms and Conditions in an alternative format or assist you in some other manner as reasonably necessary to enable you to access these Terms and Conditions.