Contest Rules - Zacks $
100K Challenge
NO
PURCHASE NECESSARY.
VOID
WHERE PROHIBITED OR RESTRICTED BY LAW.
CONTESTANTS RESIDING IN AREAS WHERE THE CONTEST
IS VOID MAY PARTICIPATE IN THE CONTEST, BUT WILL BE INELIGIBLE TO WIN PRIZES.
Contest begins: January 2,
2007. Contest ends: December 31, 2007
ENTRY: No purchase
necessary. You must be at least 18 years of age and a resident of the United
States of America to be eligible for this contest. Limit one contest account
per person. The Zacks Challenge (referred to here as “Contest”)
begins January 2, 2007 at 9:30 a.m. Eastern Standard Time and ends at 4:00
p.m. Eastern Standard Time on December 31, 2007. To enter, you must create
a Zacks Challenge account and register for the Contest on the entry page. If
you do not currently have a Zacks Challenge account, you may to create one for
free at http://simulator.zacks.com/zacks/zreg.aspx.
Contest entry must be performed electronically, online LIMIT ONE ENTRY PER
PERSON. Entries will only be accepted online. Participation in this Contest
constitutes contestant’s full and unconditional agreement to, and acceptance
of, these Official Rules and the decisions of Zacks Investment Research (“Sponsor”), 111 N. Canal St.,
Suite 1101, Chicago, IL 60606, which
shall be final and binding in all respects. Any contestant disputing these
Official Rules or the decisions of the Sponsor shall be disqualified. Technical
Requirements/Tools. In order to participate
in this Contest, each contestant must lawfully possess, or have lawful access
to, the following facilities or computer tools: (1) E-mail service (for communication
with Sponsor); and (2) Internet Access (for Contest entry and registration,
negotiation of the hypothetical stock trades and maintenance of the
contestant’s Portfolio [as defined below]).
Participation in the Contest must be made via the Website
(defined below) only. Entries made by any other individual or any entity and/or
originating at any other web site or e-mail address, including but not limited
to commercial contest subscription notification and/or enter service sites,
will be declared invalid and disqualified for this Contest. The use of any
device to automate the entry process is prohibited.
ELIGIBILITY: The Contest
is open to persons who are at least eighteen (18) years old at the time of
entry and who are legal residents of, and reside and are physically located at
the time of registration, in the fifty (50) United States and Washington, DC.
Sponsor and its subsidiaries, affiliates, distributors, retailers, sales
representatives, suppliers, participating vendors, advertising and promotion
agencies, or any other company involved with the design, production, execution
or distribution of this Contest, and each of their respective officers,
directors and employees (collectively, the “Patrons”), as well as
the members of the Patrons’ immediate families (spouses, parents, children,
siblings and their spouses, regardless of where they live) and those living in
the same household are ineligible to enter or participate in this Contest or
win a prize. This Contest is subject to all federal, state and local laws and
regulations. Void in Puerto Rico, all U.S. territories and possessions, and
where prohibited or restricted by law.
OVERVIEW OF CONTEST. Each contestant will be assigned a simulated or theoretical amount of money, equivalent to $100,000, with which simulated stock trades are to be made by the contestant. All simulated trades will relate or refer to actual stocks traded on the United States Stock Market but will not involve actual or effective trades of those stocks. Rather, the trades only will be recorded on a score sheet (“Portfolio”) maintained and tallied solely by Sponsor and its partners. Contestants will be ranked throughout the term of the Contest according to the performance and resulting value of the contestant’s Portfolio. The rankings of contestants and their Portfolio holdings and performance will be displayed on the “Challenge Scoreboard” which may be found at http://simulator.zacks.com/rankings/default.aspx.
At the end of each month during the
Contest, selected contestants will be chosen by Sponsor as the Monthly Winners,
based upon the performance of their respective Portfolios during the preceding
30-day period. These Monthly Winners will be asked to create a
weblog – “Player Blog” – to discuss the reasons why those
selected Monthly Winners chose the specific simulated stocks that they did.
Monthly Winners will be notified by email using the address specified in their
entry to the Contest.
Monthly Winners will receive no prizes but will have the opportunity to compete for the Grand Prize and for nine (9) Additional Prizes. To qualify for the Grand Prize and the Additional Prizes the Monthly Winners will be required to continue their portfolio and their blog until December 31, 2007. If a contestant, within one week of being notified by Sponsor that s/he has been selected as a Monthly Winner, fails to (i) respond to Sponsor’s notification or (ii) agree to create a Player Blog, then Sponsor may at its discretion choose an alternate Monthly Winners, but Sponsor shall have no obligation to do so.
The Contest will end as of December 31, 2007. On or before January 31, 2008, Sponsor will select one of the prior Monthly Winners who are actively blogging, based on a number of factors including the performance of their portfolio to be the Grand Prize Winner and will select nine (9) other prior Monthly Winners as the Additional Prize Winners.
The single Grand Prize is a contract involving a payment of $100,000 cash, paid in monthly installments during the year 2008, that will obligate the Grand Prize Winner to continue his portfolio and his blog through the entire year of 2008. The nine (9) Additional Prizes, worth $3000 each, are free 2-year subscriptions to the Zacks Elite service and to the Zacks Research Wizard backtesting system.
PRIZES: One (1) Grand Prize will be awarded. The
Grand Prize is a one-year contract with Sponsor to write and edit a
subscription investment newsletter for Zacks Investment Research under the
supervision of a Zacks Product Manager. Compensation under the contract shall
be a $100,000 salary which will be paid over twelve calendar months, on a
monthly basis, with each month’s payment dependent on satisfactory completion
of the previous months’ content requirements. The Grand Prize winner must agree
to contribute to the newsletter content, writing on no fewer than five new stocks
every week, with updates every business day until the end of the 12 month term.
Contestants who are unable or unwilling to fulfill this obligation are
ineligible to be declared the Grand Prize winner. All content written for the
newsletter becomes the property of Sponsor, and winner must agree to terms of
exclusivity and compliance as set forth in the Acceptance Affidavit. Approximate
Grand Prize Value: The approximate, verifiable value of the Grand Prize is $100,000.00.
Nine (9) Additional Prizes will also be awarded. Each Additional Prize will consist of a free two-years’ memberships to Zacks Elite, Sponsor’s subscription website and free subscription to Research Wizard, full-featured stock screening and backtesting software. No substitution of prizes is permitted except by Sponsor. Sponsor reserves the right to substitute any prize with another prize of equal or greater value. Approximate Additional Prize Value: The approximate, verifiable value of each Additional Prize is $3,000.00.
The total approximate value of all the prizes to be awarded as a result of the Contest will be One Hundred Twenty Seven Thousand and No/100 U.S. Dollars ($127,000.00).
MONTHLY WINNER SELECTION
Each month, five (5) or more “Monthly Winners” will be selected from the top contestants
as determined by their numerical rankings. These Monthly Winners will be
invited by Sponsor to create their own page of journal entries (“blog”) on Zacks.com
(“Website”). If any of the chosen contestants are unable or unwilling to
participate in the blog, Sponsor may select other Monthly Winners, but shall be
under no obligation to do so.
GRAND PRIZE WINNER SELECTION
One Grand Prize will be awarded. As of December 31, 2007, the top, prior Monthly
Winners (but not more than 100 Monthly Winners), based on the annualized
portfolio performance, from the date the Monthly Winners entered the Contest
until December 31, 2007, will qualify for the Grand Prize and for the nine
(9) Additional Prizes. SPONSOR’S POSTING OF A CONTESTANT’S SIMULATED PORTFOLIO AS
A MONTHLY WINNER DOES NOT NECESSARILY INDICATE THAT THE CONTESTANT HAS WON A
PRIZE; POTENTIAL GRAND PRIZE WINNERS MUST MEET ALL ELIGIBILITY REQUIREMENTS
BEFORE A PRIZE WILL BE AWARDED. Grand Prize Finalists will be judged by their
portfolio value, as well as the popularity and educational value of their
trading strategies to determine an overall winner. A committee of Sponsor
employees will make the final determination of the Grand Prize winner. Points
will be assigned in each of the following categories: (1) virtual
portfolio value as determined by the quantitative game; (2) traffic to the
Player Blog- both the number of visits and the number of comments from readers
will be evaluated; (3) qualitative points to be assigned by Judges for the
variety, clarity and educational content on the Player Blog, and for any
Monthly Winner’s performance in any personal interview that may be scheduled.
The contestant with the best combined score from all of these areas will be
named the Grand Prize winner.
Judging and Verification. Each entry must meet the requirements specified in
these Official Rules. Any non-conforming entries will be disqualified. Subject
to screening by the judges for compliance with these Official Rules, compliant
and eligible entries will be judged by a panel of three (3) judges selected by
the Sponsor. The judges for the Contest shall be the Contest Manager, the
Executive Vice President of Zacks.com, and the Trading Services Director for
Zacks Investment Research.
Judging Criteria. Judges will evaluate the (i) performance of each contestant’s Portfolio and (ii) content of each Monthly Winner’s Player Blog. The content of the Player Blogs will be assessed on a points system based, among other factors, on originality, linguistic integrity and language skill, clarity, cleverness, knowledge of the subject matter and “pundit quality.” The judges’ decisions are final and binding. Since this is a contest of skill, winning is dependent upon the quality of the qualified entries received the Sponsor.
Tie Vote Procedures. In the event of a tie involving two or more Monthly Winners, the names of the Monthly Winners receiving the top numbers of points will be placed in a closed container and a random drawing from among the names in the container will be conducted on or before December 15, 2008, by the Sponsor. The contestant whose name is selected as the result of the random drawing then will be declared the Contest Winner. Odds of Winning in the Event of a Tie: In the event of a tie among two or more contestants, the odds of winning will be dependent upon the total number of Monthly Winners receiving the top, identical number of points. All decisions of the Sponsor are final and binding on all matters relating to this Contest.
Disqualification. In the event any Monthly Winner or the Grand Prize Winner (either as the result of the judges’ adjudication, or as the result of a tie-break-random drawing) is disqualified, for any reason, or chooses not to be a winner (whether Monthly or Grand Prize), then the contestant garnering the next greatest number of points, as the result of judges’ adjudication, will be declared the Grand Prize Winner. If two or more contestants received a tying number of second place points, and the original Grand Prize Winner forfeits or is disqualified, then a random drawing will be held between or among the second-place contestants (not including the forfeiting winner), and the winner of that random drawing shall be declared the Grand Prize Winner. Should the derivative winner be disqualified or forfeit, then a tertiary winner will be selected using essentially the same procedures as employed by Sponsor to select the derivative winner.
Winner Notification. Between January 15, 2007, and January 31, 2007, Sponsor will make a good faith effort to contact the Grand Prize Winner and to obtain releases and authorizations from her/him. The Grand Prize Winner will be notified by courier, e-mail, or telephone and will have five (5) business days from the receipt of notification to acknowledge her/his status and return all the signed documents, in accordance with these Official Rules. The Grand Prize Winner must return all necessary signed releases and authorizations to the Sponsor. The nine (9) Additional Prize finalists will be notified by email, phone and/or FedEx within fourteen (14) days of determination. If a winner selectee is unreachable after seven (7) days, or if that finalist is unavailable for prize fulfillment, an alternate finalist may be selected according to the standings from all remaining eligible entries received. All prize selectees finalists must execute, notarize, and return an Affidavit of Eligibility/Prize Acceptance Form/Release of liability within five (5) business days of notification. Noncompliance within this time period, or return of any prize notification as undeliverable may result in disqualification and the selection of an alternate selectee.
GRAND PRIZE ELIGIBILITY REQUIREMENTS To be eligible to win the Grand Prize, the winner must (a) sign the Zacks Confidentiality Agreement (b) sign the Zacks Grand Prize Newsletter Consulting Agreement, (c ) agree to the standard user terms displayed at the bottom of the Website of www.zacks.com, and (d) any other documentation that Sponsor deems is necessary to reasonably effect the award of any prize in connection with this Contest.
GENERAL CONDITIONS: This Contest is governed by the laws of the United States. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be returned to entrant.
Official Rules Binding. By entering this Contest, contestants agree to be bound
by and acknowledge compliance with these Official Rules including, without
limitation, eligibility requirements and by the decisions of Sponsor. Failure
to comply with these or any other Official Rules will result in
disqualification.
Releases. Each contest winner
(whether a Monthly Winner or Grand Prize Winner [hereafter collectively
referred to as “Winner”]) must return, within five (5) business days after a
notification attempt, an Affidavit of Eligibility and Liability and Publicity
Releases (collectively hereafter, “Releases”) personally signed by the Winner. Failure return or
deliver the executed Releases within the time periods specified, or
non-compliance with these Official Rules, or inability to notify a Winner will
result in that Winner’s disqualification and forfeiture of the prize, and an
alternate winner will be selected in accordance with these Official Rules. If a
potential Winner cannot be reached after a reasonable effort has been exerted,
if s/he is found to be ineligible, s/he cannot or does not comply with these
Official Rules, or if her/his prize notification is returned as undeliverable,
such person will be disqualified and an alternate will be selected at Sponsor’s
sole discretion. No prize will be awarded until the signed Releases are
received by Sponsor. The winner will be required to provide Sponsor with, among
other information, her/his telephone number and complete, current, mailing
address and Social Security number. No winner will be qualified until her/his
entry submission is validated. In the event an insufficient number of eligible
submissions are received, or if Sponsor is prevented from awarding the prize or
continuing with the Contest as contemplated herein by any event beyond its
control, including but not limited to fire, flood, natural or man-made
epidemic, earthquake, explosion, labor dispute or strike, act of God, public
enemy or terrorist, or due to satellite or equipment failure, riot or civil
disturbance, terrorist threat or activity, war (declared or undeclared) or any
federal state or local government law, order, or regulation, public health
crisis (e.g. SARS), order of any
court or jurisdiction, or other cause not reasonably within Sponsor’s control
(each a “Force Majeure” event or
occurrence), then (subject to any governmental approval that may be required)
Sponsor shall have the right to modify, suspend, or terminate this Contest. If
the Contest is terminated for a Force Majeure before the designated end date,
Sponsor will (if possible) select the Grand Prize Winner from all eligible,
non-suspect submissions qualified as of the date of the event giving rise to
the termination. Sponsor reserves the right to change these rules at any time.
Sponsor is not responsible for any electronic or typographical error in the
printing or reproduction of these Official Rules, administration of the Contest
or in the announcement of the Contest prizes. These Official Rules may not be
modified or amended in any way except in a written document issued in
accordance with law by a duly authorized representative of Sponsor. Sponsor’s
failure to enforce any term of these Official Rules shall not constitute a
waiver of that provision. Neither Sponsor nor anyone acting on its behalf will
enter into any communications with any contestant regarding this Contest,
except as expressly set forth in these Official Rules. The invalidity or
unenforceability of any provision of these rules shall not affect the validity
or enforceability of any other provision. In the event that any provision is
determined to be invalid or otherwise unenforceable or illegal, these rules
shall otherwise remain in effect and shall be construed in accordance with
their terms as if the invalid or illegal provision were not contained herein.
At the sole discretion of Sponsor, all entries are subject to verification.
Anti-fraud detection devices may be used to verify Winners. No more than one
(1) Grand Prize Winner will be selected.
Use of Personal Information/Privacy. By participating in this
Contest, contestants, including the Winners, consent to the use of their names,
voices, likenesses, and/or poster, for promotional, advertising, publicity or
trade purposes in any and all media worldwide in perpetuity by the Patrons,
without compensation (other than award of the prizes identified above) unless
otherwise prohibited by law, including without limitation, advertising and
promotional purposes in connection with Website or this Contest or other
Sponsor-promoted promotions, and hereby release the Patrons from any liability
with respect thereto. Sponsor and the Patrons shall have the perpetual,
worldwide right to edit, publish, and use a contestant’s Portfolio or written
content (“Submission” or “Submissions”) in any way and in any media for trade,
advertising, promotional, and/or other purposes as Sponsor and/or the Patrons
may determine without further consideration to contestants or any third party.
Except as otherwise stated in these Official Rules, personal information
collected in connection with this Contest will be used in accordance with the
privacy policy found on the Website and with the consent given by each
contestant at the time of entry in this Contest. Any communication or information
transmitted to Sponsor and/or the Website by electronic mail or otherwise is
and will be treated as non-confidential and nonproprietary. If you do not
want your personal information used in the manner describe herein, do not enter
this Contest.
Technical Problems/Fraud. Patrons are not responsible for any incorrect or
inaccurate entry information; human errors; technical malfunctions; failures,
including public utility outages; omissions, interruptions, deletions or
defects of any telephone network, computer online systems, computer equipment,
servers, providers, or software, including without limitation any injury or
damage to contestant’s (or any other person’s) computer, computer system or
components, phone line, Internet access, hardware or software, relating to or
resulting from participation in this Contest; inability to access the Website
or any web pages of Sponsor; theft, tampering, destruction, or unauthorized
access to, or alteration of, entries; data that is processed late or
incorrectly or is incomplete or lost or delayed due to telephone, computer or
electronic malfunction or traffic congestion on telephone lines or the
Internet, or any service provider’s facilities, or any website (including the Website)
or for any other reason whatsoever; typographical, printing or other errors, or
any combination thereof. Without limiting the generality of the foregoing,
Sponsor is not responsible for incomplete, illegible, misdirected, misprinted,
late, lost, damaged, stolen, or postage-due submissions, submission or prize
notifications; or for lost, interrupted, inaccessible or unavailable networks,
servers, satellites, Internet Service Providers, websites, or other
connections; or for miscommunications, failed, jumbled, scrambled, delayed, or
misdirected computer, telephone or cable transmissions; or for any technical
malfunctions, failures, difficulties or other errors of any kind or nature; or
for the incorrect or inaccurate capture of information, or the failure to
capture any information. The Patrons shall not be responsible if, for any
reason, this Contest is not capable of running as planned, or if this Contest
or any website associated therewith (or any portion thereof) becomes corrupted
or does not allow the proper processing of data in accordance with these rules,
or if infection by computer virus, bugs, tampering, unauthorized intervention,
actions by contestants, fraud, technical failures, or any other causes, in the
sole opinion of Sponsor corrupts or affects the administration, security, fairness,
integrity or proper conduct of this Contest. Proof of sending or submission
will not be deemed to be proof of receipt by Sponsor. Sponsor reserves the
right in its sole discretion to disqualify any individual who is found to be
acting (i) in violation of these Official Rules, or (ii) in an unsportsmanlike
or disruptive manner, or (iii) with the intent to disrupt or undermine the
legitimate operation of the Contest, or (iv) to annoy, abuse, threaten or
harass any other person, and Sponsor reserves the right to seek damages and
other remedies from any such person to the fullest extent permitted by law. If
for any reason this Contest is not capable of running as planned, or if this
Contest or any website associated therewith (or any portion thereof) becomes
corrupted or does not allow the proper conduct of the Contest and processing of
entries in accordance with these rules, or if infection by computer virus,
bugs, tampering, unauthorized intervention, actions by contestants, fraud,
technical failures, or any other causes, in the sole opinion of Sponsor
corrupts or affects the administration, security, fairness, integrity or proper
conduct of this Contest, Sponsor reserves the right, in its sole discretion, to
disqualify any individual implicated in such action and/or to cancel,
terminate, modify or suspend this Contest, or any portion thereof. If such
cancellation, termination, modification or suspension occurs, notification will
be posted on the Website. Any attempt by a contestant or any other individual
to deliberately damage any website (including the Website) or undermine the
legitimate operation of the contest is a violation of criminal and/or civil
laws and should such an attempt be made, Sponsor reserves the right to seek
damages and other remedies from any such person to the fullest extent permitted
by law. All entries become the property of the Sponsor and will not be
acknowledged or returned. Paper entries are not permitted. No screenshots or
mechanically reproduced entries will be accepted. In the event of a dispute
about who submitted an entry, the entry will be deemed submitted by the
authorized account holder of the e-mail account entered. The authorized account
holder is deemed the natural person who is assigned to an e-mail address by an
Internet access provider, service provider, or other online organization that
is responsible for assigning e-mail addresses for the domain associated with
the submitted e-mail address. A contestant may be requested to provide Sponsor
with proof that the potential winner is the authorized account holder of the
e-mail address associated with the winning entry and that all eligibility
requirements are met. Without limitation, everything regarding this Contest,
including the Website and the prizes (and elements thereof), are provided “as
is” without warranty of any kind, either express or implied, including but not
limited to, the implied warranties of merchantability, fitness for a particular
purpose, or non-infringement.
Releases; Indemnification. By participating in this Contest, each and any Winners
release Sponsor, as well as the Patrons, from and against any and all
liability, claims or actions of any kind whatsoever in connection with the
receipt, possession, ownership or use of any prize awarded in connection with
this Contest, or while traveling to or from any Contest event and/or
participating in any prize-related activity with respect to or in any way
arising from this Contest and/or acceptance or use of any prize, including,
without limitation, liability for personal injury, damages or loss. Contestants
and the Winners agree to (i) indemnify and hold Sponsor, as well as the
Patrons, harmless from any and all liability resulting or arising from this
contest, to (ii) release all rights to bring any claim, action or proceeding
against Sponsor or the Patrons, and hereby acknowledge that Sponsor and the
Patrons have neither made nor are in any manner responsible or liable for any
warranty, representation or guarantee, express or implied, in fact or in law,
relative to any prize, including express warranties provided exclusively by a
prize supplier that may accompany a prize. Some jurisdictions may not allow the
limitations or exclusions of liability for incidental or consequential damages
or exclusion of implied warranties, so some of the above limitations or
exclusions may not apply.
Nature of Relationship/Waiver of Equitable Relief. Each contestant hereby
acknowledges and agrees that the relationship between the contestant and the
Patrons is not a confidential, fiduciary, or other special relationship, and
that the contestant’s decision to provide the contestant’s registration and
entry submission to Sponsor for purposes of this Contest does not place the
Patrons in a position that is any different from the position held by members
of the general public with regard to elements of the contestant’s entry or any Submission.
Each contestant understands and acknowledges that the Patrons have wide access
to ideas, stories, designs, and other literary materials, and that new ideas
are submitted to them or being developed by the Patron’s own employees. Each
contestant also acknowledges that many ideas (or stories) may be competitive
with, similar or identical to a contestant’s Submission and/or each other in
design, theme, idea, plot, format or other respects. Each contestant
acknowledges and agrees that, except as otherwise provided in these Official
Rules, s/he will not be entitled to any compensation as a result of any
Patron’s use of any such similar or identical material. Each contestant
acknowledges and agrees that the Patrons do not now and shall not have in the
future any duty or liability, direct or indirect, vicarious, contributory, or
otherwise, with respect to the infringement or protection of the copyright in
and to any contestant’s Submission respecting, in any manner or context, this
Contest. Further, each contestant agrees that s/he shall not bring, nor have a
right to, equitable relief of any kind in connection with the Patrons’ use of any
contestant’s Submission respecting, in any manner or context, this Contest.
Copyright Ownership. Each Winner warrants that s/he is the sole designer,
creator and owner of her/his Submission, including any visual or auditory components,
or has full permission to use copyrighted components, and further warrants that
the Submission contains no information considered by contestant’s employer,
place of business, or any third party to be confidential. By entering this
Contest, contestant hereby assigns to Sponsor, without reservation of any kind,
all of contestant’s right, title and interest to and in her/his Submission,
including the right to use and/or display the Submission in any manner deemed
reasonable by Sponsor, in Sponsor’s sole discretion. Each contestant agrees to
execute and deliver to Sponsor, in a prompt and commercially reasonable manner,
any and all documents necessary to effectuate the assignment of her/his
Submission to Sponsor.
No Obligation to Use: Sponsor shall have no obligation (express or
implied) to use any Submission, or to otherwise exploit any Submission or, if
commenced, to continue the distribution or exploitation thereof, and Sponsor
may at any time abandon the use of the any Submission for any reason, with or
without legal justification or excuse, and contestants shall not be entitled to
any damages or other relief by reason thereof.
Further Documentation: If Sponsor shall desire to secure additional
assignments, certificates of engagement for the Submission or other documents
as Sponsor may reasonably require in order to effectuate the purposes and
intents of this Contest and the agreements inherent therein or in these
Official Rules, then each contestant agrees to promptly execute and deliver any
such documents to Sponsor, upon Sponsor’s request therefor.
Arbitration Provision: This Contest is governed by the laws of the United
States. Except where prohibited by law, as a condition of participating in this
Contest, contestant agrees that (1) Any claim, dispute, or controversy (whether
in contract, tort, otherwise) that they may have with, or claims they may have
against, Sponsor arising out of, relating to, or connected in any way with this
Contest, the awarding or redemption of any prize in connection herewith, or the
determination of the scope or applicability of this agreement to arbitrate,
shall be resolved individually, without resort to any form of class action, and
exclusively by final and binding arbitration under the rules of the American
Arbitration Association (“AAA”),
and held at the AAA regional office nearest the contestant (the “Forum”); (2) the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; shall govern the
interpretation, enforcement and all proceedings at such arbitration; and (3)
judgment upon such arbitration may be entered in any court having jurisdiction.
By participating in this Contest, each contestant agrees that: (i) the
arbitrator’s decision shall be controlled by the terms and conditions of these
Official Rules and any of the other agreements referenced herein that the
applicable contestant may have entered into in connection with the Contest;
(ii) the arbitrator shall apply Illinois law consistent with the FAA and
applicable statutes of limitations, and shall honor claims of privilege
recognized at law; (iii) there shall be no authority for any claims to be
arbitrated on a class or representative basis; arbitration can decide only the contestant’s
and/or Sponsor’s individual claims and the arbitrator may not consolidate or
join the claims of other persons or parties who may be similarly situated; and (iv)
the arbitrator shall not have the power to award punitive damages against the contestant
or Sponsor or Patrons. Further, if any part of this arbitration provision is
deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the
Code of Procedure established by the Forum, the balance of this arbitration
provision shall remain in effect and shall be construed in accordance with its
terms as if the invalid, unenforceable, illegal or conflicting provision were
not contained herein.
Dates, Deadlines, Number of Contestants. Due to the unique nature and
scope of this Contest, Sponsor reserves the right, in addition to those other
rights reserved herein, to modify any date(s) or deadline(s) set forth in these
Official Rules. Sponsor is not able to accurately predict the number of
entrants that will participate in this Contest.
PRIVACY: By entering
the Contest, you agree to Sponsor’s use of your personal information as
described in Sponsor’s Privacy Policy at http://www.zacks.com/privacy_ecom.html
OFFICIAL RULES: For a copy of the Official Rules, print out this web page or send a self-addressed, stamped envelope to: Zacks $100K Challenge, 111 N. Canal St., Suite 1101, Chicago, IL 60606.
WINNERS LIST: The name of the prize winners
may be obtained from the winners page which will be posted after the end of the
Contest or by sending a self-addressed stamped envelope to: Zacks $100K
Challenge Winners, 111 N. Canal St.,
Suite 1101, Chicago, IL 60606. Requests received
after May 1, 2008 will not be honored.
INTELLECTUAL PROPERTY: The Contest and all of the related pages, contents and code are copyright © Zacks Investment Research, and/or Sponsors. Copying or unauthorized use of any copyrighted materials, trademarks or any other intellectual property without the express written consent of its owner is strictly prohibited.
SPONSOR: Zacks
Investment Research (“Sponsor”), 111 N. Canal St.,
Suite 1101, Chicago, IL 60606.