Please scroll down to read the official rules of the contest and indicate your acceptance of the rules by checking the boxes below and clicking the "Submit" button.
No purchase necessary. The following are the "Official Rules" for the Contest. The Contest involves only fantasy trading of securities.
All trading, gains and losses experienced during the Contest are fictional. Other than delivery of prizes, SmartMoney shall have no liability to
pay any entrant any money whatsoever in connection with the Contest. An entrant's registration for the Contest shall constitute that entrant's
acknowledgement he/she has read and understands the Official Rules and that such entrant agrees to be bound by these Official Rules with respect
to all aspects of the Contest.
1. HERE'S HOW TO PLAY:
After you register for the Contest at http://www.smartmoney.com/marketmadness, you must complete the Market Madness tournament bracket.
To complete the Market Madness tournament bracket, each entrant must select the company (represented by stock ticker symbol) whose stock you
predict will have the larger percentage gain (or, if neither stock gains, lower percentage loss) at market close of the relevant trading day
for each pairing of companies set forth on the Market Madness tournament bracket. The winning stock in each pairing will advance to the next round.
In the event of a tie between company stocks in a pairing with respect to the percentage gain (or loss), the stock that ends the relevant day closer
to its then-current fifty-two (52) week high will be considered the winner of the round. For rounds spanning two (2) days, Value & Growth stocks
will compete on the first day and Income & International stocks will compete on the second. Brackets must be completed in their entirety (i.e.,
every game and every round) when submitted. In addition, each entrant must also provide a predicted closing amount of the Dow Jones Industrial Average
at market close of the last trading day of the tournament (i.e., April 6, 2009). Furthermore, by entering the Contest, you understand and agree that
SmartMoney (i) shall have the right, in SmartMoney's sole discretion, to create each pairing of companies on the Market Madness tournament bracket,
(ii) has no control over the listing and delisting of companies on stock exchanges, (iii) shall have the right at anytime to (A) require entrants to
reselect stocks with respect to each pairing of stocks on the Market Madness tournament bracket in the event of a delisting event or (B) to
unilaterally replace a delisted stock that was selected by an entrant with an alternative listed stock, as the SmartMoney may determine in its sole
discretion. For the avoidance of doubt, the reselected/replacement stock shall be deemed to be such entrant's selected stock for purposes of judging the
Contest. An entrant's score will increase for correctly picking the winning stock in each pairing as set forth below:
1st Round (March 19, 2009 and March 20, 2009): for each "win" + one (1) point;
2nd Round (March 23, 2009 and March 24, 2009): for each "win" + two (2) points;
3rd Round (March 26, 2009 and March 27, 2009): for each "win" + five (5) points;
4th Round (March 30, 2009 and March 31, 2009): for each "win" + ten (10) points;
5th Round (April 2, 2009): for each "win" + fifteen (15) points; and
6th Round (April 6, 2009): for correctly picking the champion + twenty-five (25) points.
2. HERE'S HOW TO ENTER:
The Contest registration begins at 12:00 a.m. EST on March 2, 2009. Follow the onscreen directions at www.smartmoney.com/marketmadness to create a
user name and password and to complete the registration process. The Contest scoring begins on March 19, 2009 at 9:00 a.m. EDT and ends on April 6, 2009
at 4:00 p.m. EDT. During the registration process, you will be required to acknowledge that you have read and comply with the Official Rules.
Limit one registration per person.
3. WHO IS ELIGIBLE: Contest is open only to legal residents of the 50 United States, District of Columbia and Canada who have reached the age of
majority in their state of residence at time of registration. Void in Puerto Rico, Quebec Province and where prohibited by law. All federal, state, and local
regulations apply. SmartMoney, Dow Jones & Company, Inc., and The Hearst Corporation as well as their respective affiliates, subsidiaries, dealers, advertising
agencies, promotion agencies, production agencies, service providers, independent judging organizations, prize suppliers, and each officer, director, employee,
agent, representative, and independent contractor of the foregoing entities and the members of their immediate family and/or those living in the same household
are not eligible. Submissions must be made by individuals acting for themselves and not for a business entity or group. Entrants must have valid e-mail address
and it is entrant's responsibility to update SmartMoney of any change in their e-mail address and to change the settings on any active or passive e-mail filtering
or similar process that may interfere with any SmartMoney e-mail transmissions.
4. JUDGING:
One (1) Grand Prize will be awarded. The entrant with the highest score at the end of the Contest will be selected as the Grand Prize winner of the Contest.
The determination of the Grand Prize winner, the calculation of points, and the basis for deriving market performance of stocks shall be decided in SmartMoney's
sole and absolute discretion. The Grand Prize winner will be notified by email on or about April 13, 2009. Upon delivery of notification, the winner must respond
from their registered e-mail address within forty-eight (48) hours and, in such response, must provide their legal name, residential mailing address, phone number,
date of birth, and social security number in order to be eligible to receive the Grand Prize. The Grand Prize winner will be furnished with an Affidavit of
Eligibility to sign and return. If a winner cannot be notified after three (3) separate email transmission attempts sent by SmartMoney on different days, or
fails to respond in the time and manner required following successful transmission of the email notification from SmartMoney, or if that winner is otherwise
unavailable to receive the Grand Prize for any reason, SmartMoney may elect to select an alternate winner according to the standings from all remaining eligible
entrants until the Grand Prize has been awarded. The winning of the Grand Prize will depend on the skill level of each entrant to predict the market performance
of stocks. The decisions of the SmartMoney with respect to the scoring of the Contest, the selection of the Grand Prize winner, and in regard to all matters
relating to this Contest, shall be final. Prize notification, acceptance, and all other correspondence related to the Contest must be only by way of such
entrant's email address registered for the Contest as of April 6, 2009 at 4:00 p.m. EDT to be valid.
5. Tie Breaker:
In the event of a tie score among entrants with respect to prize winner selection, the entrant that came closest to predicting, without exceeding, the closing
amount of the Dow Jones Industrial Average on the last day of the Contest (i.e., April 6, 2009) will be considered the winner. Thereafter, if a tie still exists,
SmartMoney will conduct a random drawing to select a winner for the Grand Prize from such tied entrants. Furthermore, SmartMoney shall conduct a random drawing in
the event the fifty-two (52) week high tie breaker process set forth in Paragraph 1 above also results in a tie.
6. PRIZE AND APPROXIMATE RETAIL VALUE:
The Grand Prize winner will receive USD$1,000.00. The Grand Prize will be awarded as a check made payable to the winner. The Grand Prize is nontransferable.
7. GENERAL RULES:
All U.S. federal, state, and local laws and regulations apply. All federal, state and local taxes are the sole responsibility of winners. Entrants' registration
and selection of stocks (an "Entry") grants SmartMoney and its respective promotional partners, advertisers and agents the right to publish, use, adapt, edit, modify,
promote and otherwise use such Entry and the ideas contained in such Entry, in any way, in any and all media, without limitation, and without further notice,
permission, or compensation, whether or not such submission is selected as a winning Entry. By entering, entrants acknowledge that submissions may be available
to the public, that no privacy to ideas or expressions thereof submitted is guaranteed and that SmartMoney assumes no responsibility for any infringement thereto.
Each entrant hereby agrees to waive any and all claims against SmartMoney that entrant may have regarding entrant's right, title and/or interest in or to their
Entries. By entering, entrants agree to abide by these rules, and warrant and represent that their Entry is entrant's original work. SmartMoney may at any time
develop business ideas identical to those contained in the Entry. Entrants represent and warrant that their submissions, statements and claims are truthful and
accurate and do not violate the rights of any third parties. All Entry materials submitted become the sole property of SmartMoney and will not be returned.
SmartMoney reserves the right in its sole and unfettered discretion to disqualify any entrant who engages in obscene, offensive or inappropriate conduct, conduct
that is not consistent with the spirit or theme of the Contest, or otherwise does not comply with these Official Rules. No substitution, assignment, or transfer
of prize by winner is permitted. Notwithstanding the foregoing, SmartMoney reserves the right to substitute a prize(s) of equal or greater value in the event the
prize(s) set forth herein cannot be awarded by SmartMoney. Each prize is awarded "as is" with no warranty or guarantee, either express or implied. Prize winners
shall look directly to manufacturers of prizes with respect to manufacturers' warranties, if any.
By accepting the prize the Grand Prize winner grants to SmartMoney the perpetual and irrevocable right to use his/her name, likeness, hometown, and biographical
information in advertising and promotion, including, but not by way of limitation, on the SmartMoney.com, and SmartMoneySelect.com web sites, in SmartMoney
magazine, without further notice, permission or compensation, except to the extent and where prohibited by law. All taxes, fees, surcharges and any other
expenses on the receipt and use of the prize are the sole responsibility of the winners.
By entering the Contest, entrants release and hold harmless SmartMoney, Dow Jones & Company, Inc., The Hearst Corporation, and their respective directors, officers,
employees, subsidiaries, parents, affiliates, suppliers, and agents from any and all liability for any loss, harm, damages, cost or expense, including without
limitation property damages, personal injury and/or death, arising out of or in connection with participation in this Contest or the acceptance, use or misuse of
the prize. To the extent the foregoing is not applicable by operation of law, by entering this Contest entrants agree to look solely to SmartMoney for all aspects
of the administration and powering of the Contest, including with respect to all legal claims and actions relating to, in connection with, or arising out of the same.
SmartMoney's liability for providing the prizes shall be limited to the delivery of such prize and for all else entrants shall look solely to the respective
manufacturer or service provider of the prize, if a product or service is a designated prize, with respect to all legal claims and actions relating to, in
connection with, or arising out of the same. In no event will SmartMoney or its 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 any entrant's
access to and use of the Contest website, the downloading from and/or printing material downloaded from the website, or participation in the Contest. SmartMoney's
aggregate liability arising out of or in relation to the Contest shall be limited to the Contest and shall not exceed the value of the prize(s) set forth above.
Winners assume all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use/misuse or redemption of any prize.
Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages 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.
In no event shall the selection of any entrant for the purpose of the awarding of any prize or for any other purpose be deemed SmartMoney's endorsement of
such entrant or entrant's submission or performance in relation to the Contest. By participating in this Contest, entrants agree to be bound by the Official
Rules and the decisions of the judges, which are final and binding regarding all aspects of the Contest. In the event there is a discrepancy or inconsistency
between disclosures or other statements contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail,
govern and control. SmartMoney is not responsible for any typographical or other error in the printing, the offering or the announcement of any prize or in the
administration of the Contest.
8. CAUTION:
If SmartMoney is prevented from continuing with the Contest or the integrity and/or feasibility of the Contest is materially undermined by any event beyond
SmartMoney's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite,
software, electronic or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local
government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within SmartMoney's control, SmartMoney shall have the right,
in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Contest without any further obligation. If SmartMoney, in its discretion, elects to
abbreviate the Contest or any judging periods, SmartMoney reserves the right, but not the obligation, to award the prizes from among all valid and eligible Entries
received up to the time of such event.
SmartMoney is not responsible for lost, late, corrupted, mutilated, misdirected Entries/affidavits, or Entries/affidavits not received in time for judging.
SmartMoney and its affiliates disclaim and shall not bear any responsibility or liability for incorrect, incomplete, inaccurate, lost, late, illegible or
misdirected mail/e-mail/data, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software,
lost or unavailable network connections or failed, incomplete, garbled, corrupted or delayed computer transmission, any error in the processing of registrations
or any combination thereof caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability
to play or participate, or by any human error which may occur in the processing of the Entries in this Contest. SmartMoney is not responsible for any damage to
any entrant's computer system/software related to or resulting from participation or downloading any materials in this Contest.
In the event of a dispute regarding the identity of the entrant for any Entry, the Entry will be deemed submitted by the authorized account holder of the e-mail
address submitted at the time of Entry (i.e., the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or
other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address) on behalf of himself or herself.
Entrants may be required to provide SmartMoney with proof that he/she is the authorized account holder of the e-mail address associated with an Entry. SmartMoney
reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of
participation as stated herein or with any provision in the Official Rules. SmartMoney reserves the right to freeze or close an entrant's account or to prohibit
the participation of an individual account holder if fraud or tampering is suspected, or if the individual account holder fails to comply with any requirement of
participation as stated herein or with any provision in these Official Rules or the spirit of the Contest.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW.
SHOULD SUCH AN ATTEMPT BE MADE, SMARTMONEY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
SmartMoney disclaims and shall not bear any responsibility or liability for undeliverable e-mails resulting from any form of active or passive e-mail filtering
by an entrant's internet service provider and/or e-mail client or for insufficient space in entrant's email account to receive e-mail. If, for any reason, the
Contest cannot be conducted as planned by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any
other causes beyond the control of SmartMoney which, in the sole and absolute discretion of SmartMoney, corrupt or affect the administration, security, fairness,
integrity or proper conduct of the Contest, or for any other reason resulting in the Contest not capable of being conducted as described in these rules, SmartMoney
reserves the right in its sole and absolute discretion to cancel, terminate, modify or suspend the Contest. In the event of termination, a notice will be posted on
the Contest website. SmartMoney reserves the right to modify the Contest or disqualify an entrant if fraud, misconduct, technical failures or any other reason
destroy the integrity of the Contest as determined by SmartMoney, in its sole and absolute discretion. Proof of submitting Entries will not be deemed to be proof
of receipt by SmartMoney. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods.
9. CHOICE OF LAW:
This Agreement contains the final and entire agreement of the parties on the subject matter herein and supersedes all prior representations, proposals, arrangements
or agreements, oral, written or otherwise. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of
or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal
courts situated in New York, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event
attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively,
"Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. This Contest
shall be governed by and construed in accordance with the substantive laws of the State of New York, United States without regard to its conflict of law principles.
Entrants agree to accept services of process by mail, consent to the jurisdiction of the New York courts, and hereby waive any jurisdictional or venue defenses
otherwise available to entrant. All headings used in the Contest rules are for reference purposes only and are not part of this Agreement. The parties agree that
this Agreement shall not be construed in favor or against either party by reason of the authorship of any provisions hereof. If any provision of the Official Rules
or the application thereof in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of the Official Rules, or the application
of such provision in other circumstances, shall not be affected thereby, and each provision shall be valid and enforced to the fullest extent permitted by law,
provided that, if portions are deemed invalid or unenforceable, such affected portions of the Official Rules shall be automatically reformed, on a case-by-case basis
with respect to each claim, so that operative effect of such provisions achieve the intended purpose of such provisions to the fullest extent permitted by law.
All claims by entrant arising out of or related to the Contest must be made in a competent court with jurisdiction over the parties no later than ninety (90) days
from the end of the Contest. Entrant hereby waives his/her right to bring any other claims following such ninety (90) day period.
10. PRIVACY:
All information collected will be treated subject to SmartMoney's privacy policy, set forth at http://www.smartmoney.com/policies/?story=privacy.
11. WINNERS NAMES:
The name of the Grand Prize winner will be posted on the SmartMoney website (www.smartmoney.com) by May 4, 2009 or, in the event of a tie in selecting the winner,
on a date following the award of the applicable winner. You may also obtain the name of the Grand Prize winner by sending a SASE to SmartMoney postmarked no later
than May 29, 2009 at the following address: SMARTMONEY'S MARKET MADNESS CONTEST 2009 Winners List, c/o SmartMoney, 1755 Broadway, 2nd Floor, New York, NY 10019,
Attn: Legal Department.
12. SPONSOR:
The Contest is sponsored and powered by SmartMoney ("Sponsor"), a joint venture of Dow Jones & Company, Inc. and Hearst SM Partnership,
with offices at 1755 Broadway, 2nd Floor, New York, New York 10019. SMARTMONEY is a registered trademark of SmartMoney.