Terms of Service
Duedee.com StockJuice + Greedy GeniusTM Portfolio Challenge Official Rules
June 16, 2008 – July 11, 2008
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
1. Acknowledgment:
By registering to play the Duedee.com StockJuice+Greedy GeniusTM Portfolio Challenge (the "Contest") on the Duedee.com website or the Duedee.com FacebookTM Application (the "Sites") and by checking the "I have read and agree to the rules of the Duedee.com StockJuice+Greedy GeniusTM Portfolio Challenge" box on the contest registration page, you ("you" or "Participant") acknowledge that you have read these official rules (the "Rules"), understand them and agree to be bound by all of the terms and conditions of the Rules and any amendments thereto, and by the decisions of BP Networks Incorporated ("BP") and/or Focus Group Holdings ("FGH"), which are final and binding and are not subject to appeal. You further agree to waive any claim based on any alleged ambiguity or error in the Rules, the selection of the Winners or the administration of the Contest itself.
2. Eligibility Criteria:
You must be a permanent legal U.S. resident physically residing within the 50 United States or the District of Columbia (residents of Puerto Rico, Guam, the U.S. Virgin Islands and any other territory or possession are excluded from entry and participation), or a permanent legal Canadian resident physically residing within the 13 provinces or territories (residents of the Province of Quebec are excluded from entry and participation). You must also be at least 18 years old or the age of majority in your state, province or territory of residence, if such age of majority is greater than 18, as of June 9, 2008. The following people are not eligible to participate in the Contest: (i) employees of BP and/or FGH, their parent, subsidiary and affiliated companies, (ii) immediate family members and/or and household members of any person set forth in (i) above, and (iii) anyone who has been convicted of securities-related crime or who has been fined or formally sanctioned or disciplined in any securities-related proceeding initiated by any governmental or regulatory authority (including without limitation self-regulatory entities). "Immediate family member" shall mean parents, step-parents, children, step-children, siblings or spouses. "Household members" shall mean people who share the same residence at least three (3) months during any consecutive twelve month period (whether related or not). The Contest is void wherever prohibited, and subject to all federal, state, provincial and local laws.
3. Summary of Contest:
The Contest is a simulated stock game that provides Participants with fictional trading accounts ("Portfolios"), two million ($2,000,000) fictional dollars, and the fictional ability to trade individual stocks on the NYSE, NASDAQ and/or AMEX exchanges. Participants are also able to win fictional dollars by participating in the "Price is Right" stock game solely available on the Duedee.com FacebookTM Application. At the conclusion of the Contest, the Participant with an individual Portfolio with the highest percentage gain in its aggregate value (net of referral dollars), during such period shall be declared the potential prize winner for the Contest and such Participant may be announced (where permitted by law) on the Sites. Specific details regarding Prizes are set forth in Rules 12. Each Participant can only win one prize, irrespective of the number of Portfolios or accounts entered by that Participant. If a Participant has more than one Portfolio, only the highest scoring Portfolio created by that Participant will be eligible. (NOTE: registration of multiple portfolios is subject to disqualification from the Contest as outlined in Rule 5.)
4. Duration of Contest:
The Contest will begin on June 16, 2008 at 9:30:00 AM and end on July 11, 2008 at 4:00:00 PM (the "Contest Term"). All times listed in these Rules will be Eastern Standard Time / Eastern Daylight Standard Time.
5. Registration:
Participants must first register for Duedee.com in order to register for the Contest and each individual's Portfolios will be allocated to his/her one Duedee.com account used to register for the Contest. Participants may also register for Duedee.com indirectly by adding the Duedee.com FacebookTM Application to their respective FacebookTM account. By registering for Duedee.com, you agree to the Terms of Service and Privacy Policy thereof, and such Terms of Service and Privacy Policy are incorporated by reference into these Rules. Registration is a self-service, online-only process that can be accessed by clicking on the registration page at the Sites anytime prior to the completion of the Contest. Each individual Participant can register only once and must provide a single Duedee.com account (with associated email address and password), which he/she must use when participating in the Contest. Participants are responsible for maintaining the security of their Duedee.com account information and password. Registration is free. Any attempt (successful or unsuccessful) by any Participant to register multiple times by any means, including but not limited to through the use of multiple email accounts, as determined by BP in its sole discretion, may result in disqualification of all accounts and Portfolios submitted by that Participant.
The following information is required for registration: first name, last name, valid email address, mailing address (including street, city, state/province, zip code/postal code and country) of legal residence, telephone number, date of birth, gender, and household income (optional).
By entering, you agree that BP may disclose (where permitted by law) your first name, last name, city and state of residence at any time during the course of, or after, the Contest on the Sites, at the discretion of BP, except where prohibited by law. If you win any prize, you agree that BP may disclose your first name, last name, telephone number, mailing address and email address to Contest prize providers for the purposes of awarding prizes. You agree that any information transmitted to the Sites in connection with the Contest is not confidential and may be used in accordance with the terms of Duedee.com's Privacy Policy. BY ENTERING, YOU AGREE THAT BP MAY CONDUCT A BACKGROUND INVESTIGATION ON YOU AND YOU AUTHORIZE BP TO CONDUCT SUCH BACKGROUND INVESTIGATION. You agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest.
During registration, you may be asked whether you wish to receive information from or on behalf of BP and/or third party marketing partners of BP. By registering for the Contest, you agree to receive Contest updates in the form of emails throughout the Contest Term and such emails may include offers from contest partners or other third parties. If you elect to receive information from or on behalf of third party marketing partners of BP, you acknowledge and agree that such information will be entirely unrelated to BP and that BP will not be responsible for any of the content of such information.
During registration or at certain other times during the Contest Term, each Participant may be given the opportunity to select a unique User Name or Screen Name (collectively "User Name"). User Names must not be inappropriate, as determined by BP or the Sites' support staff in their sole discretion. This includes, without limitation, names that are harmful, defamatory, racist, ethnically derogatory, obscene, vulgar, sexually explicit, profane or objectionable, whether in English or any other language. User Names must not violate any applicable laws, rules or regulations; this specifically pertains to copyrighted names and/or possible trademark infringements. Examples of prohibited use of copyrighted or trademarked names are the names of well-known products, services or concepts. Participants may not use the names of famous individuals, celebrities, sports figures or politicians. Participants may not choose a name to intentionally harm the reputation or impersonate another person. Participants may not use names that refer to drugs or that are drug-related. Participants may not use names where a combination of the first and last names violate any of these guidelines. Participants may not use misspellings, alternative spellings or homonyms of names that violate these provisions. Participants may not use names that are combinations of words that violate any of the above rules. Any Participant who elects to participate in the Contest's message boards must use a User Name in connection therewith. The rules of conduct regarding message boards are included in the Duedee.com Terms of Service and Privacy Policy and may be displayed on the Sites. Violation of any of these rules, as determined by BP in its sole discretion, may result in the Participant's disqualification from the Contest.
6. Portfolios:
Portfolios begin the Contest with Two Million ($2,000,000) fictional dollars, unless an existing Participants registers for the Contest, at which case, the Portfolio shall begin with the existing fictional dollar balance.
7. Determination of Winners:
The percentage gain (or loss) for each Portfolio will be determined by calculating the difference between the value of the Portfolio at the end of the Contest and the starting balance at the point of registering for the Contest (which shall be $2,000,000 fictional dollars for all new Portfolios, or the balance already in existence upon registering for the Contest), less any referral balance. (Refer to Point 9 on Portfolio valuations and delayed-time stock quotes).
(Ending Balance – Starting Balance – Referral Balance) / (Starting Balance) = % Gain (or Loss)
8. Invitations through FacebookTM Application Invite System:
Participants will also have the opportunity to earn additional virtual dollars to play by inviting other people on the Duedee.com FacebookTM Application. Each Participant who provided the invitation will receive Two Thousand ($2,000) virtual dollars for each invite sent. Virtual dollars received by a Participant for the invitation of another Participant will be added to the cash account balance of the Portfolio.
9. Portfolio Valuation & Delayed-Time Quotes:
Each Portfolio's equity trades are processed and its balances are recalculated, on a continuous basis, delayed by 15 to 20 minutes throughout the trading day. Stock quotes are presented in delayed mode by 15 minutes for NASDAQ-listed equities and 20 minutes for NYSE and AMEX-listed equities. Orders are executed delayed by 15 minutes and 20 minutes, respective of their listed exchange (e.g. trades placed at 12:00pm will be executed at the then quoted price at either 12:15pm for NASDAQ or 12:20pm for NYSE and AMEX orders). This prevents any unfair advantages for accessing real-time quotes. At the end of the day, each Portfolio's total value is the sum of the equity plus the cash value.
10. Special Processing of Corporate Actions:
The Contest will process stock splits, mergers and acquisitions, halted/suspended trading, delistings, spin-offs and ticker symbol changes. These corporate actions will be processed after the close of the markets on the date they occur, and will not count towards a Portfolio. In the event that a Participant believes that his/her Portfolio does not properly reflect a corporate action, the Participant must email the Sites' support department no later than 11:59:59 PM on the date of such corporate action, with the stock symbol, type of corporate action, effective date, and the name(s) of the affected Portfolio(s). Adjustments, if any, will be determined by BP in its sole discretion, and all such decisions by BP are final and binding and are not subject to appeal. Trades executed with virtual dollars incorrectly deposited due to corporate action issues or Sites mistakes will be removed from the Portfolio. The Contest reserves the right to suspend trading in a stock, or take any other action deemed necessary to cause the Sites to properly adjust to a corporate action.
Stock dividends, other than special cash dividends, will not be processed or reflected in the Contest. In the event of a special cash dividend, on the effective date of such dividend, the cash amount of the dividend will be subtracted from the previous day's closing price, but the change will not occur until after the close of the market on the effective date. In the event of a stock split, the quantity and price of such stock will be adjusted after the market closes on the date of the stock split. Any suspension, halt or de-listing that recurs for the same stock within one calendar day after resolution or any such action will not be taken into account for purposes of valuation of portfolios for the Contest. If a company is de-listed or trading is halted for more than one calendar day from its exchange, it will automatically be sold at its last trading price prior to the delisting or halting, as such price is provided to the Sites. In the event a stock is de-listed due to a merger or acquisition, it shall be considered the equivalent of a sale and the sale price shall be the final price received by the Sites for that stock. All ticker symbol changes will be reflected on the Sites within one (1) business day.
BP reserves the right to back-track transactions, remove past trades, debit or credit virtual dollars into any Portfolio to make necessary changes that may not have been possible should a corporate action event not have been properly adjusted.
11. Winner Notification; Confirmation of Eligibility:
After the conclusion of the Contest, the potential winners of the First Prize, the Second Prize and the three Third Prizes (the "Overall Winners") will be notified in person or by phone or email and/or mail. Each of the Overall Winners, may be required to (i) sign and return to BP or representatives of BP within forty-eight (48) hours of attempted notification, an affidavit of eligibility and liability, including evidence of age and residence, and a publicity release, unless prohibited by law (collectively, the "Affidavit/Release"), (ii) provide a recent photo of the Participant and a completed and signed questionnaire (the "Photo/Questionnaire"), (iii) cooperate and comply with all other requests made by BP or its representatives for the purpose of confirming such Winner's eligibility and/or compliance with the Contest's Rules and applicable laws (the "Compliance Requests"), which will be determined solely by BP, in its discretion. If any potential Winner cannot be reached after two (2) attempts by BP or its representatives, is found to be ineligible by BP for any reason, cannot or does not comply with these Rules, does not honestly, accurately and fully complete and return the Required Documentation within the designated time period, or if any or prize or prize notification sent to a Potential Winner is returned as undeliverable, that potential Winner may be disqualified and an alternate potential Winner may be designated. If any Winner is found to be ineligible, or if such Winner has not complied with these Rules, at any time during or after the Contest, such Winner may be disqualified from the Contest.
At any time and from time to time during the Contest, BP, in its sole discretion, may require certain Participants to provide BP with any or all of the Required Documentation and to comply with the Compliance Requests for purposes of verifying the Participant's eligibility and compliance with the Official Rules. If any such Participant (i) does not honestly, accurately and fully complete and return the Required Documentation requested by BP within seven (7) days of attempted notification by BP, (ii) does not honestly, accurately and fully cooperate and comply with the requested Compliance Requests within seven (7) days of attempted notification by BP, (iii) is deemed ineligible for any reason or (iv) is suspected of violating the rules of the contest, in each case as determined by BP in its sole and absolute discretion, such Participant may be disqualified from the Contest.
12. The Prizes: Overall Prizes
The following Overall Prizes will be awarded: One (1) First Prize Winner will receive (i) One (1) Apple iPhone 3G, (ii) One (1) pair of Greedy GeniusTM Fashion Sneakers*, and (iii) One (1) Greedy GeniusTM Fashion Apparel (t-shirt)*; One (1) Second Prize Winner will receive (i) One (1) US$50 Apple iTunes Gift Card), and (ii) One (1) Greedy GeniusTM Fashion Apparel (t-shirt)*; and One (1) Third Prize Winner will receive (i) One (1) Greedy GeniusTM Fashion Apparel (t-shirt)*.
BP and/or FGH will notify in person or by phone or email and/or mail each of the Overall Winners to obtain the necessary prize information (e.g. size and selection of product styles). All prizes will be shipped out with within 15 business days subsequent to obtaining the necessary information and completing the eligibility process with eligible winners. Prizes may be shipped out separately or in aggregate.
* Greedy GeniusTM Product availability and selection will be made available to winners by FGH upon completion of the Contest.
13. Restrictions Applicable to all Prizes:
In order to accept a prize, the respective winner may be required to provide the Required Documentation and agree to and complete any Compliance Requests made by BP. Canadian winners must also accurately complete a skilled testing question. No more than the stated number of prizes per these Rules will be awarded.
Each Winner is responsible for the payment of all taxes attributable to his/her respective Prize, as applicable. All other expenses and incidentals not specified herein are the sole responsibility of the Winner. No substitution, transfer, or cash equivalent will be awarded for any prize, except that BP may substitute a prize of comparable or greater value for any reason. Prize and prize notification will be shipped to a U.S. and/or Canadian addresses only. Any depictions of prizes are for illustrative purposes only.
Prizes are not transferable or redeemable for cash. BP is not responsible for prize utility, quality or otherwise. In the event that all or part of any prize is unavailable for any reason, BP may substitute all or part of another prize of equal or greater value, to be determined by BP in its sole and absolute discretion.
14. Contest Modification:
By entering the Contest, you agree not to make any claim, and to waive any right make a claim, based on any alleged ambiguity or error in these Rules, the selection of the Winners and/or the administration of the Contest itself, and agree to be bound by these Rules and by all decisions of BP, which are binding and final. Failure to comply with these Rules may result in disqualification from this Contest as determined by BP in its sole discretion. BP reserves the right, in its sole discretion, to modify, cancel, terminate or suspend the Contest and/or these Rules without advance notice for any reason including, without limitation, if (i) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest; or (ii) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).
BP and its representatives reserve the right to make changes to the Sites, any elements of this Contest, or these Official Rules at any time with or without notice. BP further reserves the right to terminate, postpone, suspend, amend or modify the Contest for any reason, in the sole discretion of BP.
15. Ownership of Content:
The Contest and the Sites, including the artwork, graphics, music and other components included therein (the "Content"), is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. BP retains all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to the Content or otherwise residing within the Sites.
16. Participant Behavior:
BP reserves the right to disqualify any Participant who acts or is suspected of acting irresponsibly or inappropriately, or otherwise in violation of these Official Rules, in playing the Contest, as determined by BP, in its sole discretion. Although all trading in the Contest is fictional, Participants must engage in trading activity that fully complies with all federal and state securities laws (including, without limitation, insider trading), as if they were trading actual stocks or currency pairs, as applicable. Participants agree not to trade or cause others to trade the actual stocks (or options) of the companies included in their Contest portfolios, within five (5) trading days of the effective date of a trade of such stock within the Contest. Participants must comply with all federal, state and local laws (including without limitation securities laws) in connection with their participation in the Contest. Use of any automated system (e.g., robots, scripts, automatic, macro, programmed or like methods) is prohibited. Any attempt (successful or unsuccessful) by any individual to register more than once, or to create more than five (5) Portfolios, in any manner, including without limitation by use an automated system or by using multiple/different email addresses, home addresses, telephone numbers, identities or any other methods, as determined by BP in its sole discretion, may result in the disqualification of that individual, as determined by BP in its sole discretion. Entry materials/data that have been tampered with or altered are void. BP reserves the right to terminate Contest participation by, and to disqualify, any Participants suspected of cheating or attempted cheating, suspected of attempting to exploit the contest or suspected of any other inappropriate behavior (including, without limitation, suspicion of market manipulation). All such action will be determined by BP in its sole discretion. The determination to disqualify any Participant may be made at any time during or after the Contest even if the Winner has been announced; in the event that such action occurs after a Prize has been awarded, BP may require the Participant to return the Prize. The decision of BP on all such matters shall be final and binding.
17. Performance of Sites:
Neither BP nor FGH is liable for any delay or failure of the Sites or the Contest to perform. There is no guarantee that Participants will be able to access the Sites whenever and wherever they want. There may be extended periods of time when Participants cannot access the Sites. Heavy Site activity may affect Participants' access to the Sites. No corrections or adjustments will be made for trades, attempted trades, or missed trades affected by the operation or downtime of the Sites. The Contest will not recognize attempted trades that were not processed by the Sites.
In the event that BP believes, in its sole discretion, that the "Price is Right" portion of the Contest available only on the Duedee.com FacebookTM Application contains, has contained, or has a reasonable possibility of containing a defect, error, loophole, security breach, or any other occurrence or characteristic that could affect the integrity or fairness of the Contest, BP may terminate the "Price is Right" portion of the Contest, invalidate all game results, and base all contest results solely on the virtual trading portion of the Contest. Such termination by BP may be made prospectively or retroactively and be effective as of any date during the Contest.
18. No Investment Advice:
You understand and agree that the Contest, BP and FGH do not recommend any security, financial product or instrument, nor does any mention of a particular security on the Sites constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You understand and agree that neither the Contest, BP nor FGH provide tax, legal or investment advice. You understand and agree that the Contest, BP and FGH do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You understand and agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. You understand and agree that any content posted on a message board accessed via the Sites is not connected with BP and is only the opinion of the person posting such content.
19. Governing Law:
All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any participant or BP or FGH in connection with these Rules, shall be governed by and construed in accordance with the laws of the Special Administration Region of Hong Kong without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the Special Administration Region of Hong Kong.
Disclaimer: Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release BP and FGH and its parents, subsidiaries, affiliates, agents and assigns, vendors and advertising and promotional agencies and their respective officers, directors, and employees (collectively "Released Parties"), from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant's or to any other person's computer relating to or resulting from this Contest. Neither BP nor FGH is responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these Rules, for any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late, damaged, or postage due. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, province, territory likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt (successful or unsuccessful) by a Participant or any other individual to deliberately damage any online service or Web Sites or undermine the legitimate operation of the Contest or the Sites is a violation of criminal and civil laws and should such an attempt be made, BP and FGH reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Participants agree to indemnify, defend and hold harmless BP and FGH and its parent companies, affiliates, employees, officers, directors, agents, prize providers, sponsors and vendors from and against any liabilities, actions, claims, demands, losses or damages (including without limitation attorneys' fees) caused by or arising out of any material such Participant contributes to any message board accessed via the Sites.
20. General:
The Contest is for entertainment purposes only. Use of the Sites is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of BP. Data provided on this Sites may be delayed as specified by financial exchanges information providers. BP and its vendors furnish the information available on the Sites without responsibility for accuracy and Participants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. BP, FGH and its vendors believe their data and text services to be reliable, but accuracy is not warranted or guaranteed.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BP, FGH AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND TITLE AND NON-INFRINGEMENT. BP, FGH AND ITS VENDORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR THE CONTEST IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.
IN NO EVENT SHALL BP AND FGH, ITS PARENT ENTITIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, VENDORS OR AGENTS BE HELD LIABLE TO A PARTICIPANT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED (INCLUDING NEGLIGENCE OR PERSONAL INJURY), OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITES OR THE CONTEST, ON ANY THEORY OF LIABILITY, WITHOUT LIMITATION, EVEN IF ANY SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BP'S, FGH'S AND ITS VENDORS' AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF ANY KIND OF LEGAL CLAIM WITH RESPECT TO THIS AGREEMENT EXCEED THE AMOUNT A PARTICIPANT ACTUALLY PAID FOR THE USE OF THE SITES. EACH PARTICIPANT AGREES TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST BP AND FGH OR ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS OR AGENTS TO ENFORCE THE TERMS HEREIN; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE BP, FGH OR ITS VENDORS FROM SEEKING ANY INJUNCTIVE RELIEF.