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Eligibility

To open an account and/or participate in any tournament offered on the Site, you must:

a) be a natural person, at least 18 years old, who is assigned to the e-mail address submitted on your account registration form;

b) be a U.S. citizen or resident alien with a U.S. address;

c) be physically located within the U.S.; and

d) be physically located in a U.S. state in which participation in the tournaments offered on the Site is unrestricted by law.

The rules governing sweepstakes, contests, and tournaments with entry fees and/or prizes are set up by each individual state, not by the federal government. Based on these 50 sets of laws, the Site CANNOT offer tournaments with prizes to residents of the following states: Arizona, Arkansas, Delaware, Florida, Iowa, Louisiana, Maryland, and Tennessee. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

Legal Information

This is a contest of skill. Participation may not be used in connection with any form of gambling. By entering, each entrant accepts and agrees to be bound by these rules and also agrees that emfluence, has the sole right to decide all matters and disputes arising from this contest and that emfluence's decision is final and binding. Odds of winning depend on number of eligible entries received and on the knowledge and skill of the contestant.

Entries become the property of emfluence, LLC and will not be returned. emfluence is not responsible for lost, incomplete, damaged, illegible or late entries, or for errors in mechanical transmission, technical difficulties or inability to transmit Internet entries. Entrants agree to allow emfluence, LLC, its affiliates and sponsors, to use their name, likeness and any information provided with their entry, in any medium of communication, including print, Internet, radio and/or television and for any purpose, including advertising, promotional or other purposes, without additional compensation. Information submitted in entries or registration, emfluence, LLC or its affiliates and sponsors for marketing, promotional or other purposes may use including entrant's name, address, e-mail address, etc.

If for any reason, this Contest is not capable of running as planned, including infection by computer virus, tampering, fraud, technical failure, or any other cause which corrupts or threatens the administration, security or integrity of the Contest, emfluence, LLC reserves the right, in its sole discretion, to terminate or suspend the Contest or any portion of the Contest. In such event, emfluence, LLC reserves the right to award any prize to the player(s) with the most points as of the termination date. ANY ATTEMPT TO DAMAGE OR UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS CONTEST WILL RESULT IN DISQUALIFICATION. In the event this contest is challenged by any legal or regulatory authority or by any professional sports league or team, emfluence, LLC reserves the right to discontinue or modify the contest or to disqualify players whose participation resulted in the challenge, including the right to disqualify players from particular geographic regions. In such event, emfluence, LLC will have no liability to any player who is disqualified or whose participation is affected by such action. emfluence, LLC reserves the right to make any changes due to unforeseen circumstances during the 2010 NCAA Men's Basketball Tournament.

Entrants agree to release, indemnify and hold harmless emfluence, LLC, its parent company, partners and affiliates, from any and all liability, loss, damage, costs or claims related to any allegation regarding operation or administration of this contest and/or the award, receipt or use of any prize. emfluence, LLC is not responsible for personal injury of any prizewinner incurred in connection with the use of their prize.

Privacy Policy

The Site will not intentionally disclose any personally identifying information about you (including information submitted on the application form, your social security number, your e-mail address, information obtained by the Site from cookies, and information regarding your IP address) to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any prize from the Site constitutes consent for the Site's disclosure of personal information as described in Section 2.5. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. emfluence, LLC utilizes e-mails to notify you when you win tournaments, and to let you know of special promotions, events and policy changes. New Registrants are automatically opted-in to receive all types of emfluence e-mails: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. tournament- or game play- related) e-mails, and financial e-mails.

Proprietary Rights

By registering for an account and/or participating in any tournament offered on the Site, you acknowledge that all information contained on the Site may be protected, in all forms and media, by one or more valid copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that all such rights are owned by the Site. You may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any way exploit this information, except that you may download one copy for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. The Site neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties. While the Site uses reasonable efforts to include accurate and up-to-date information, the Site makes no warranties or representations as to its accuracy. The Site assumes no liability or responsibility for any errors or omissions in the content of the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. The Site or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, the Site is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any additional compensation to you.

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including the names of all games and sponsors, are registered and unregistered Trademarks of the Site and/or others. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Site or such third party that owns the Trademark displayed on the Site. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Site will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

Message Board Policy

The Site reserves the right to ban users who violate these standards, or who in any way abuse the community purpose of the chat areas.

The Site reserves the right to remove any posts for any reason.

You must be at least 18 years old to participate in any part on the Site.

Profanity, obscenities, or the use of **asterisks** or other "masking" characters to disguise such words, is not permitted.

Obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind will not be tolerated.

Site player names will be displayed as 'Your Name'; impersonating other players is not allowed.

Opinions or comments on the subject at hand are welcomed, but attacking (flaming) individuals, companies or products is not allowed.

Advertising or promotion of other companies or URLs is not allowed.

Please limit posting to the subject of the Site's games, message board or site.

Do not share personal information (your name, phone number, home address, password) with others on the site.

No advertising of any kind is allowed in messages.

No copyrighted materials are allowed in messages.

Information disclosed in the Site chat rooms or message boards becomes property of the Site and is revealed to the public. The Site is not responsible for any information you choose to disclose to others.

We do monitor the Message Boards throughout the week; if you have a question or concern, however, that needs immediate attention, please call us at 816-472-5643 or email us at support@bigshotbracket.com.

Prizes

Winners assume all applicable tax liability for their prize. Winners may be required to submit valid identification and to execute an affidavit of eligibility and release of liability prior to receiving their prize.

Contest is void in where prohibited or restricted. emfluence, LLC reserves the right to modify these rules for clarification purposes without materially altering the terms and conditions of the contest. emfluence, LLC is not responsible for typographical or other human or technical errors in the offer or administration of this contest.

Prizes are non-transferable, non-negotiable and not redeemable for cash, credit or merchandise. Airfare, hotel, ground transportation, meals, incidental expenses, taxes, monthly subscription or access fees and other costs are not included unless specifically stated in these rules or prize descriptions. Winners must pay their own transportation and/or other expenses to claim their prize. Prizes must be claimed within 15 days of the date winner is announced, or will be awarded to another entrant selected in the same manner as the winner of the unclaimed prize. If any prize becomes unavailable for any reason, emfluence, LLC reserves the right to substitute a prize of comparable value.

Unpreventable Circumstances

If for any reason (including, but not limited to, strikes, lock-outs, acts of God, technical difficulties, and other events) not within the reasonable control of emfluence, LLC or its partners, then the 2009 Big Shot Bracket will not resume until both college basketball resumes its 2009 season and emfluence resumes normal business.

Apple is not a sponsor of or responsible for conducting this promotion. Big Shot Bracket is not affiliated with the NCAA.