FanIQ Bracket Contest - Official Rules
- By submitting an entry into one of the three FanIQ Spring Basketball Tournament Contests (the "Contest"), you ("You") agree to be bound by these Official Rules and the decisions of PulsePoint.com, which shall be final in all respects.
- Eligibility: The Contest is open to U.S. residents. Employees, officers, directors, agents, representatives and their immediate family members (which means parents, spouses, children, siblings, in-laws, grandparents and grandchildren and their respective spouses, regardless of where they reside) or residents in the same household (whether legally related or not) of PulsePoint and its parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, any and all other companies associated with this Contest, are not eligible to enter or otherwise participate in this Contest. Expert entries are ineligible to win the Contest or receive any prize from the Contest. PulsePoint reserves the right to remove any submission from the Contest for any reason and for no reason at all.
- How to Enter: The entry period for the Contest will begin on March 17, 2013 at 7 p.m. Eastern Time ("ET"), and will end at 11:00 a.m. ET, March 21, 2013 ("Promotion Period"). To enter, you must first have a valid account at www.FanIQ.com. It is free to register.
Basketball Tournament Contest: After you log in to the FanIQ website, click on the Contest link, submit your selections to win each game in the 2013 Basketball Tournament. Also select your tie breaker of total points for the championship game of the tournament. Only one (1) entry per person is permitted.
Basketball Tournament Team Mascot Contest: After you log in to the FanIQ website, click on the Contest link, submit your selections to win each game in the 2013 Basketball Tournament based on the team's mascot. Also select your tie breaker of total points for the championship game of the tournament. Only one (1) entry per person is permitted.
Basketball Tournament Ten Team Points Contest: After you log in to the FanIQ website, click on the Contest link, submit your 10 selections of teams participating in the Basketball Tournament to gain the most number of points based upon wins during the Tournament. Also select your tie breaker of total points for the championship game of the tournament. Only one (1) entry per person is permitted.
- All entries must be received by PulsePoint during the Promotion Period to be eligible for a chance to win a prize. Evidence of transmission is not evidence of receipt. PulsePoint's servers will be the official timekeepers for the Promotion. All entries become property of PulsePoint 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 if final and binding in all matters relating to the Contest. One winner will be selected for each of the Basketball Tournament Contest, the Basketball Tournament Team Color Contest and the Basketball Ten Team Points Contest.
- Basketball Tournament Contest and Basketball Tournament Team Mascot Bracket Contest: Each participant will receive one point for each game that is picked correctly in the second round. Each participant will receive two points for each game that is picked correctly in the third round. Each participant will receive four points for each game that is picked correctly in the regional semifinals (Sweet 16). Each participant will receive eight points for each game that is picked correctly in the regional finals (Elite Eight). Each participant will receive sixteen points for each game that is picked correctly in the national semifinals (Final Four). Each participant will receive thirty-two points for correctly picking the team that wins the national championship game. The winner will be participant who receives the most points. In the event of a tie, the winner will be the person who comes the closet to guessing the total points scored in the national championship game.
- Basketball Tournament Ten Team Points Contest: Each participant will receive points for each win of one of their ten teams during the Tournament based on the team's seed. For example, if one of the ten teams selected is a twelve seed, the participant will receive twelve points for each of that team's wins during the Tournament. For each team selected by the participant that participates in the regional semifinals (Sweet 16), the participant will receive a five point bonus. For each team selected by the participant that participates in the national semifinals (Final Four), the participant will receive a twenty point bonus. Each participant will receive a forty point bonus for selecting the national champion as one of its ten teams. In the event of a tie, the winner will be the person who comes the closet to guessing the total points scored in the national championship game.
- Prize: The winner of each of the Basketball Tournament Contest, the Basketball Tournament Team Color Contest and the Basketball Tournament Ten Team Points Contest will receive a $100 American Express gift card. Estimated Retail Value is $100. Income taxes on prize are the sole responsibility of the winners. All prizes are non-transferable, and cannot be substituted or redeemed for cash except in the sole discretion of the Participant.
- Requirements for Winners: PulsePoint will notify each winner on or about 5 business days following the end of the Tournament by e-mail and/or phone. Each winner may be required to execute an affidavit of eligibility, liability release, publicity release and assignment (collectively, "Release"). If a potential winner does not respond to the winner notification email which will be sent three (3) times over a ten (10) day period, or if said emails are undeliverable or if potential winner does not return the executed Release within thirty (30) days of the date of the first notification, the potential winner will be disqualified and a runner up will be become the contest winner.
- By participating in the Contest, You agree to release PulsePoint and its parent, subsidiary and affiliated companies and agents and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals' respective successors, representatives and assigns (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this promotion and/or acceptance or use of any prize. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of materials; (iv) any injuries, losses or damages of any kind caused by any prize or resulting from the acceptance, possession or use of such prize, or from participation in the promotion; or (v) any printing, typographical, administrative or technological errors in any materials associated with the promotion.
- Limitation of Liability: To the maximum extent permitted by applicable law, you agree that PulsePoint, its affiliates and its employees, members, officers, directors, shareholders, agents, representatives, its respective successors, assigns, agencies and licensees shall not be liable for any personal injury, death, loss or damage of any kind or any other causes of action or claims related to your participation in this promotion.
- PulsePoint reserves the right in its sole discretion to suspend, modify or terminate this promotion in any manner it deems necessary and reasonable. PulsePoint shall not be responsible if any prize cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROMOTION. SHOULD SUCH AN ATTEMPT BE MADE, PULSEPOINT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- Indemnification: You agree to release, indemnify and hold PulsePoint, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the website; (b) your breach of these Terms; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of PulsePoint, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers, co-branders, attorneys and/or other partners. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Governing Law: To the maximum extent permitted by applicable law, these Terms shall be interpreted and enforced in accordance with the laws of the State of New York, without regard to conflicts of law principles. To the maximum extent permitted by applicable law, should a dispute arise concerning this promotion and/or the Terms, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against PulsePoint, as well as its legal representatives, affiliates, subsidiaries, parents, agencies and their respective members, officers, directors, employees and agents with respect to this promotion. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that PulsePoint incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.