THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS AND OTHER U.S. TERRITORIES) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT PROCEED WITH THIS PROMOTION IF YOU ARE NOT LOCATED IN THE UNITED STATES OR THE DISTRICT OF COLUMBIA OR IF YOU ARE LOCATED IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER U.S. TERRITORIES OR FOREIGN TERRITORIES. NO PURCHASE NECESSARY TO PLAY OR WIN.
- Eligibility: The FanIQ vs. Experts Bracket Contest ("Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who have reached legal age in their respective jurisdiction. Individuals who have not reached legal age in their respective jurisdiction can enter only with permission of a parent or legal guardian. You must be a registered FanIQ.COM member. Employees and immediate family members of FanIQ.com, its sponsors, affiliates, subsidiaries, advertising and promotional agencies are not eligible to win prizes. Volunteer commissioners and moderators are eligible to win. This contest is subject to all applicable federal, state, and local laws and regulations and void where prohibited by law. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all set forth herein.
- Prize Description: (1) Nintendo Wii Gaming System - Approximate retail value $275 ("Grand Prize") (1) $100 Best Buy Gift Card -- Approximate retail value $100 ("Recruiting Prize") (unlimited) 2,000 FanIQ pts ("Expert Prize"). Prizes are non-transferable. Sponsor reserves the right to substitute prizes as long as the retail value is greater or equal to the stated value. Sponsor reserves the right to substitute a gift certificate to Best Buy equal to the approximate retail value indicated above. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Odds of winning a Contest prize depends on the number of eligible entries received during the Promotion Period and the relative sports knowledge of each participant.
- How To Enter: The entry period for the Promotion will begin on March 15, 2009 at 4:30 p.m. Pacific Time ("PT"), and will end at 9:00 AM PT, March 19, 2009 ("Promotion Period"). To enter, you must first have a valid account at www.FanIQ.com. It is free to register. After you log in to the FanIQ click on the Contest link, submit your selections to win each game in the 2009 NCAA Basketball Tournament. Also select your tie breaker total points for the final game of the Tournament. Only one (1) entry per person is permitted. All entries must be received by Sponsor during the Promotion Period to be eligible for a chance to win a prize. Evidence of transmission is not evidence of receipt. Sponsor's servers will be the official timekeepers for the Promotion. All entries become property of Sponsor and will not be returned. Entries that are forged or altered will not be accepted and will be void. Entries generated by macros, bots, or other automated methods will be void.
Selection of Winners: The selection of winners is final and binding in all matters related to the Contest. There are three ways to win in this contest 1) Accumulate the most points during the tournament and win the Grand Prize (Wii Gaming System). 2) Be the person who recruited the winner of the tournament and win the Recruiting Prize ($100 Best Buy Gift Certificate). 3) Beat all of the "Experts" submitted by all of the other fans and win the Expert Prize (2,000 FanIQ points) - points will go to members who beat *ALL* of the experts.
The Grand Prize (Nintendo Wii Gaming System) will go to the entrant accumulating the most points during the Tournament by correctly predicting the winners of NCAA Tournament games. The number of points the entrant receives for a correct selection varies by round: Round 1 = 20 pts , Round 2 = 30 points, Round 3 = 50 points, Round 4 = 80 points, Round Five = 130 points and Round 6 = 210 points. In the event of a tie, the winner will be the person who comes close to guessing the total score in the Championship game ("the TieBreaker"). In the event that the Tiebreaker does not break the tie, then the winner will be the person who picks the highest number of correct games in the tournament. If there is still a tie then the winner will be chosen by a random drawing by FanIQ.
The Recruiting Prize ($100 Best Buy Gift Certificate) will go the entrant who recruits the winner of the Grand Prize to the site using his/her unique referral URL link. If the winner of the contest doesn't have a recruiter or the recruiter is an employee of FanIQ, then the FanIQ member who has recruited the most qualified recruits between March 15, 2009 @ 4:30 p.m. Pacific Time and April 6, 2009 @ 5pm Pacific Time will win the Recruiting Prize. How to Get Credit for Recruits: Members MUST use the "ADD FRIENDS" button at the top of the FanIQ site and your friend must click through your FanIQ unique referral link AND answer one poll AND meet the following requirements. Word of mouth or other referrals *WILL NOT* be eligible for the recruiting prize.
- A user is considered signed up and counts towards the ten people if they are a real person and if they activated their account AND they must answer at least one poll.
- If 2 people invite the same user and then that person signs up, we give credit to the most recent invitation and not to the previous invitation.
- It is the recruiter's responsibility to be sure that the person clicks through on the link and gets recorded as a recruit. FanIQ.com cannot and will not be responsible for errors associated with the recruiting link or with misattributing recruits.
- Any use of scripts or member who is attempting to sign up fake users to FanIQ may be disqualified from the contest and forfeit all squares earned on the grid. IP address, usage patterns and times, cookies and other security precautions will be used to determine legitimate recruits and entrants.
- Please recruit responsibly. Please obey the relevant posting/site guidelines when posting on other sites.
The Expert Prize (2,000 FanIQ points) will go to members who accumulate more total points during the contest than any of the "experts" entered by other fans on the FanIQ website. During the contest, members can submit entries published by "Experts" from sports sites and blogs. Entrants will compete against these "Experts" and if a member scores higher than *ALL* of the experts then they will win the Expert Prize.
The winners will be notified by email (whichever email account is on record with FanIQ. The winners will be required to respond to the email within ten (10) days of the date notice or attempted notice is sent, in order to claim his/her prize. If the winner(s) cannot be contacted, or fails to respond to the email within the required time period, he/she forfeits prize. All winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a winner is disqualified for any reason, in the following order 1) The member with the second highest point total (using the tiebreaker method as described above. 2) The member with the third highest point total 3) The member with the fourth highest point, etc… total until a qualified winner is selected.
- General Rules: FanIQ reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond FanIQ's reasonable control impairs the integrity or proper functioning of the Contest, as determined by FanIQ in its sole discretion. FanIQ reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. FanIQ's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By receipt of any prize, winner agrees to release and hold harmless FanIQ and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
If a potential winner is a minor in his jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself and the potential winning minor. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, parent/legal guardian.
- Publicity: Except where prohibited, participation in the Contest constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- Limitations of Liability: FanIQ is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible square winners. FanIQ will not be responsible for: (a) any late, lost, garbled, misdirected, incomplete, or damaged entries; (b) any game disruptions, injuries, losses or damages caused by events beyond the control of FanIQ.com; or (c) any printing or typographical errors in any materials associated with the game. In the event that the NCAA Tournament is suspended or cancelled, FanIQ.com reserves the right to award prizes based on scores at the time the tournament is disrupted, or to cancel, modify or suspend the Contest at its discretion. The NCAA is not a sponsor of or in any way affiliated with this promotion. Nintendo, Inc., is not a Sponsor of, or in any way affiliated with this Promotion. Best Buy is not a Sponsor of, or in any way affiliated with this promotion.
- Disputes: Except where prohibited, 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 the United States District Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Sponsor: FanIQ is located at 604 Mission Street, Suite 600, San Francisco, CA 94105.
- Contest Results: Contest winners will be posted in the FanIQ Blog on the FanIQ.com website.
