PredictWallStreet Prediction Widget Design Challenge 2008

CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE AND OLDER AND WHO ARE PHYSICALLY LOCATED AND RESIDE IN THE UNITED STATES OR DISTRICT OF COLUMBIA; AND WHO ARE REGISTERED MEMBERS OF WWW.PREDICTWALLSTREET.COM AT TIME OF ENTRY. MEMBERS OF THE U.S. MILITARY WHO RESIDE AT APO/FPO ADDRESSES OUTSIDE OF THE U.S. AND WHO ARE REGISTERED MEMBERS OF WWW.PREDICTWALLSTREET.COM ARE ALSO ELIGIBLE TO ENTER.
VOID IN PUERTO RICO AND WHERE PROHIBITED.

1. ELIGIBILITY: The "Prediction Widget Design Challenge 2008" (the "Contest") is open to legal residents of the fifty United States and the District of Columbia, who: are 18 years of age and are physically located and reside in the U.S. and DC; and who are registered members of www.predictwallstreet.com at time of entry ("Eligible Participant"). Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members, of PredictWallStreet, Inc. ("PredictWallStreet"), its affiliates, subsidiaries, divisions, and advertising and promotion agencies are not eligible to enter. PredictWallStreet reserves the right to verify the eligibility of entrants, including requiring proof of age and/or country of residence. Contest is subject to all applicable federal, state, local, provincial and municipal laws. United States law and the laws of the State of California shall govern this Contest.

2. CONTEST TIMING: The Contest begins at 12:00:01 am Pacific Time (PT) on May 1, 2008 and ends 11:59:59 pm PT on May 31, 2008 (the "Entry Period").

3. CONTEST DESCRIPTION: The Contest challenges Eligible Participants to submit during the Entry Period: (a) a web-based portable Widget, which shall mean for the purposes of this Contest, a PredictWallStreet branded (subject to the restrictions set forth in Section 7) distributable piece of web application, max size 400kb, English language, available for embedding and fully functional during the Entry Period, and meeting the other requirements listed in Section 4 ("Widget") and (b) a 300-word essay describing each Widget ("Essay"). Each "Entry", (consisting of a contest registration form, one unique Widget and one unique Essay), will be reviewed by a panel of judges selected by the Sponsor (the "Judges") who will score each Entry based on the judging criteria in Section 5.

Each Eligible Participant is invited to submit multiple Entries, as long as each Entry is unique. In addition, several Eligible Participants are welcome to collaborate to submit one Entry collectively, as long as each Eligible Participant accepts these Official Rules individually. Having fully registered and accepted these Official Rules, each Eligible Participant shall be considered an "Entrant." Only one prize will be awarded per Entrant and per Entry.

One (1) Entry will be declared the Grand Prize winner. Before any prize is awarded, PredictWallStreet reserves the right to verify each winner's identity and eligibility, as well as to review each winning Widget's original source file in its entirety, compilable as-is. By accepting these Official Rules, each Entrant understands that original source code files must be submitted to PredictWallStreet in order to receive a prize and that Entrant is granting PredictWallStreet the non-exclusive license to the Widget (including source code) described in Section 9.

Sponsor's decisions are final on all matters relating to this Contest. Use of the PredictWallStreet.com site and Sponsor's use of information submitted by Entrant in connection with this Contest will be subject to the terms and conditions stated in these Official Rules, which may be updated at PredictWallStreet's sole discretion.

4. WIDGET REQUIREMENTS:

Widget Must:

• be built using an embeddable, portable architecture (examples: iframes, Adobe Flash or Flex, Java Applets);
• be less than 400kb in size
• include PredictWallStreet Up/Down Stock Prediction Functionality, which may be similar to examples available at http://www.predictwallstreet.com/MakePredictions.aspx;
• accept affiliate tracking ID value as an embed configuration option (for example, a <trackingid> element);
• include the "Powered by PredictWallStreet" logo, available at http://www.predictwallstreet.com/s/PWS/Images/DevSponsorLogo.gif;
• conform to a size/dimension from the Interactive Advertising Bureau's Ad Unit Guidelines by default or as an option. For more information, please visit http://www.iab.net/iab_products_and_industry_services/1421/1443/1452;
• be posted at a secure location and provided to PredictWallStreet via URL that is not accessible by the public via search engine or other means;
• include a link to the PredictWallStreet Terms of Use and Privacy Policy.

Widget May:

• include PredictWallStreet Data, such as stock quotes, stock charts, prediction poll results (percent up / percent down), sentiment data, historical data, stock lists, and performance information (see http://www.predictwallstreet.com/forecast.aspx and other PredictWallStreet.com pages for examples of available data);
• have the technical capability to modify user configuration settings, but only with explicit user consent;
• Widget may incorporate open source code for Adobe Flex under the MPL license, or open source under MIT or new BSD license (other open source code is not permitted);

5. JUDGING: Entries will be judged based on the following criteria:

• User Interface / Presentation: (30%) - Demo-ready look and feel, stability, ability to inspire click-thru.
• Innovative Integration of PredictWallStreet Prediction Functionality: (30%) - The uniqueness of the idea and how it integrates with PredictWallStreet Prediction Functionality.
• Viral Propagation Capability: (30%) - The ability to inspire the user-to-user promotion of the widget.
• Widget Portability: (10%) - Weight (in kilobytes) and configurability.

Judging will be performed by a panel of judges selected by the Sponsor. One (1) Entry will be declared Grand Prize winner, subject to validation and verification of eligibility and compliance with the requirements set forth in Section 4 and any other terms and conditions set forth in these Official Rules. In the event of a tie, the Entries involved in the tie will be reviewed by an additional judge who will serve as a tiebreaker and who will evaluate Entries according to criteria listed above (the "Tiebreak Judge"). The decision of the Judges and the Tiebreak Judge is final and binding on all matters relating to this Contest. Winners will be determined on or about June 30, 2008

6. PRIZES: Grand Prize (1 winner): Nintendo Wii Game Console or cash equivalent. Approximate Retail Value (ARV): $279 USD each. ARV of all prizes: $279 USD. Sponsors are not obligated to provide further compensation or credit for use of the Entry other than that disclosed in these Official Rules. Sponsor shall have the right, at its sole discretion, to market and distribute the winning Entries without any additional compensation to Entrants for such usage. If a U.S. resident is the Grand Prize winner, he/she must supply Administrator with his/her social security number for tax purposes and Grand Prize winner will receive an IRS Form 1099 from the Administrator for the ARV of the Grand Prize (stated above) for the calendar year won. All taxes and any other costs related to this prize not specifically stated within these Official Rules are the sole responsibility of the winner. If more than one Eligible Participant contributes to creating and submitting one Entry, then (unless otherwise agreed in advance by all Eligible Participants in writing) any prize awarded for such entry shall be split equally amongst all the Eligible Participant contributors to such Entry. Only one prize will be awarded per Entrant and per Entry. Prize is not transferable; no substitutions or equivalents are permitted, except by the Sponsor at its sole discretion. All prizes will be awarded provided there are a sufficient number of Entries received. Prizes will be awarded within 4-6 weeks of notification. In the event of circumstances arising, which, in the Sponsor's opinion, make it necessary to suspend, change or cancel the Contest, PredictWallStreet reserves the right to suspend, change or cancel the Contest at any time. This includes the ability to substitute a prize, which is, in the Sponsor's opinion, of equivalent value, change the specification of the prize, if circumstances require it, or change the entry procedures.

7. HOW TO ENTER: To enter the Contest, Eligible Participants will go to (http://www.predictwallstreet.com/PredictionWidgetDesignChallenge/Default.aspx) and click on the link to the Contest registration page. Participants must be a member of PredictWallStreet to register and enter. (If you are not already a member of the PredictWallStreet, go to http://www.predictwallstreet.com to join.) Membership in PredictWallStreet is free. Complete the Registration Form including your PredictWallStreet User ID, your name, address, phone number, date of birth, and email address. Additionally, you will be asked on the Registration Form to include an Essay of no more than 300 words or less describing your Widget. Once you have completed your Registration Form, you will then need to upload a screen shot of your web based Widget, which you hereby authorize PredictWallStreet to use and display in the widget competition gallery, and provide a non-publically accessible, secure URL where the Widget can be viewed. No actual file should be submitted at the time of registration/entry. Entrants are required to host their own Widget and only the URL for Widget demonstration should be submitted. The Contest Registration Form, the Essay and the web-based Widget shall collectively be referred to herein as the "Entry" and two or more shall be referred to as the "Entries". You must acknowledge that you have read and you agree to the Official Rules by checking the box that appears on the Registration form. Entries must be received by 11:59:59 PM PT on May 31, 2008 in order to be eligible. Each Entrant can submit more than one Entry, provided that each Entry includes a unique Widget and unique Essay. If more than one Eligible Participant contributes to creating and submitting one Entry, then (unless otherwise agreed in advance by all Eligible Participants in writing) any prize awarded for such entry shall be split equally amongst all the Eligible Participant contributors to such Entry. Only one prize will be awarded per Entrant and per Entry. Entry must be original to the Entrant(s) and in keeping with the PredictWallStreet's trademark/brand guidelines, Terms of Use http://www.predictwallstreet.com/legal/Terms.aspx and Privacy Policy http://www.predictwallstreet.com/legal/privacy.aspx, and shall not be offensive, defamatory, an invasion upon the publicity rights or privacy of any person, nor an infringement upon any person or entity's personal or proprietary rights, as determined by the Sponsor and/or Judges in their sole discretion. Incomplete Entries or Entries not complying with these Official Rules are subject to disqualification. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Entries.

8. LIMITED USE OF PREDICTWALLSTREET MARK. Subject to the restrictions set forth in these Official Rules and any other guidelines that PredictWallStreet may provide from time to time at its sole discretion, PredictWallStreet hereby grants to Entrant a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to use the "Powered by PredictWallStreet" trademark/logo (the "PredictWallStreet Mark") solely as necessary to create a Widget branded with the PredictWallStreet Mark for purposes of this Contest. The license granted herein shall be limited to the time period from the date of Entrant's Registration to the earlier of :(i) June 30, 2008 or (ii) the date that Entrant receives notification pursuant to Section 11 ("Winner Notification") herein. The Entrant shall not use the PredictWallStreet Mark for any other purpose without the prior written consent of PredictWallStreet (which consent may be withheld or revoked in PredictWallStreet's sole discretion). Any use of the PredictWallStreet Mark by the Entrant (either under the foregoing license or with such prior written consent): (i) shall be in conformance with the PredictWallStreet Trademark Policy incorporated herein by this reference; and (ii) shall be exactly in the form provided (for logo requirements, please visit http://www.predictwallstreet.com/s/PWS/Images/DevSponsorLogo.gif). Title to and ownership of the PredictWallStreet Mark shall remain with PredictWallStreet. The Entrant shall not take any action inconsistent with PredictWallStreet's ownership of the PredictWallStreet Mark, and any benefits accruing from the use of the PredictWallStreet Mark shall automatically vest in PredictWallStreet. The Entrant shall not form any combination marks with the PredictWallStreet Mark. The license granted to the Entrant in this Section 8 is not sublicenseable, transferable, or assignable. Entrant is required to remove the PredictWallStreet Mark from any Widget used, displayed, published and distributed outside the scope of this Contest.

9. LICENSES. By submitting an Entry, each Entrant: (a) grants PredictWallStreet a non-exclusive, irrevocable right to use, display and modify the Essay portion of the Entry, throughout the world, in perpetuity, for any of its commercial or non-commercial purposes; (b) grants PredictWallStreet a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights the Entrant has in the Widget and/or any other content they have provided PredictWallStreet, in any media known now or in the future. In addition, the entrant shall waive all moral rights they may have in Widget and/or the content submitted to the fullest extent permitted by law; (c) acknowledges that PredictWallStreet is not required to acknowledge or return the Entry and (d) grants PredictWallStreet a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable, sublicensable right to use Entrant's trademark as necessary to exploit Entrant's Widget. Entrant acknowledges in no event shall Sponsor be precluded from discussing, reviewing, developing for itself, having developed or developing in collaboration with third parties materials that are competitive with or similar in features and/or functionality to any Entries.

10. REPRESENTATIONS AND WARRANTIES: Each Entrant represents and warrants the following: (i) that he/she is the original author (and/or he/she represents and warrants that the owner of such rights has expressly granted any and all licenses or consents necessary for the use) of any and all Entries (and each part thereof) posted, uploaded, or otherwise sent to PredictWallStreet; (ii) each Entry (and each part thereof) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Entrants are prohibited from posting, uploading, or otherwise sending to PredictWallStreet any Entry that infringes on any copyright, trademark or proprietary rights of another (including publicity and privacy rights); (iii) that any Entry does not incorporate or utilize in any manner any open source code except for Adobe Flex under the MPL license, or any open source under MIT or new BSD license in addition to source code published by PredictWallStreet under CDD license; (iv) that the Entry (and each part thereof) is not the subject of any actual or threatened litigation or claim; (v) that the Entry (and each part thereof) is not obscene, offensive, libelous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable; (vi) that the Entry (and each part thereof) does not constitute or encourage criminal offense, or that would otherwise give rise to liability, and that it complies with any applicable laws in each jurisdiction, including applicable export laws; (vii) that he/she is acting in and submitting the Entry in his/her professional capacity; and (viii) that the Widget complies with PredictWallStreet's Terms of Use and Privacy Policy. Any Entrant whose Entry includes names or likenesses of third parties or contains elements not owned by the Entrant must be able to provide legal releases specifically authorizing Sponsor's use of such Entry, in a form satisfactory to the Judges. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between Entrant and Sponsor. In no way is Entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect. Entries not in compliance with these rules are subject to disqualification at Sponsor's sole discretion.

11. WINNER NOTIFICATION: Winners will be notified on or about June 30, 2008 by U.S. mail and/or email and/or telephone. Winners will be required to sign additional documentation, including but not limited to, affidavit/declaration of eligibility and liability release, and where legal, a publicity release, and for U.S. residents, a federal and state tax release and return same, properly executed, within seven (7) days of issuance. Failure to return documents as specified, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. Sponsor reserves all rights to the Entries, including, without limitation, names, likenesses and images (with exception to the Widget applications), including the right to edit, publish, use, adapt, modify, destroy, and utilize for advertising and promotional purposes, in all media (including and without limitation, the Internet) without additional compensation, except where prohibited by law. If an Entrant changes his/her telephone number, email address and/or street address after he/she enters the Contest, it is his/her sole responsibility to notify the Sponsor by (postal) mailing or email notice to PredictWallStreet's address (listed below) to be received by the end of the Entry Period.

12. ADDITIONAL CONDITIONS OF PARTICIPATION: By entering, Entrants agree to be bound by these Official Rules including all eligibility requirements. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. If a dispute results as to the identity of the Entrant, it will be deemed that the Entry was submitted by the authorized account holder of the PredictWallStreet User ID from which the entry is made. For these purposes, the authorized account holder is the natural person assigned to the PredictWallStreet User ID by PredictWallStreet, Inc. Entrants will not be eligible for the Contest if his/her account on PredictWallStreet.com is not in good standing. In order for an Entrant's account to be deemed in good standing as that term is used herein, the Entrant must not have a hold on his/her account and his/her account must not be suspended or past due as of April 15, 2008. By accepting a prize, each winner: (1) consents to the use of his/her name, PredictWallStreet User ID and/or PredictWallStreet Username, image, likeness, photography, voice, and biographical material for advertising, publicity, demonstration, and promotional purposes by Sponsor, or a party designated by the Sponsor, including but not limited to, any online announcements, without additional compensation, except where prohibited by law; (2) grants the non-exclusive licenses to the Essay and Widget (including source code) described in Section 9. Entrants agree that any and all disputes shall be governed by the laws of the United States and the State of California. Entrants agree that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between entrants and Sponsor in connection with this Contest.

13. LIMITATION OF LIABILITY: SUBJECT TO THE EXCEPTION THAT NOTHING IN THESE OFFICIAL RULES SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND ADMINISTRATOR, AND EACH OF THEIR AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES EMPLOYEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY, THE "RELEASEES") FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS CONTEST OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE FOR OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW), IN FACT OR IN LAW, RELATIVE TO THE CONTEST OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO PREDICTWALLSTREET.COM AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE ENTRANTS SPECIFIC LEGAL RIGHTS. ENTRANTS AGREE THAT ANY AND ALL DISPUTES SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA. ENTRANT WAIVES ALL CLAIMS OF ANY NATURE, INCLUDING EXPRESS CONTRACT, IMPLIED-IN-FACT CONTRACT, OR QUASI-CONTRACT, ARISING OUT OF ANY DISCLOSURE OF THE ENTRY SUBMITTED TO SPONSOR. ENTRANT AGREES THAT THE CONDITIONS OF SUBMISSION SET FORTH IN THESE OFFICIAL RULES SOLELY GOVERN THE RELATIONSHIP BETWEEN THE ENTRANT AND SPONSOR AND THAT THERE IS NO CONFIDENTIAL, FIDUCIARY OR OTHER RELATIONSHIP, OTHER THAN ONE OF CONTRACT, BETWEEN THE PARTIES. IN NO EVENT SHALL SPONSER BE PRECLUDED FROM DISCUSSING, REVIEWING, DEVELOPING FOR ITSELF, HAVING DEVELOPED, OR DEVELOPING FOR THIRD PARTIES, MATERIALS WHICH ARE COMPETITIVE WITH OR SIMILAR IN FEATURES AND/OR FUNCTIONALITY TO THOSE SET FORTH IN THE ENTRY. ENTRANT RECOGNIZES THAT SPONSOR HAS NO DUTY, EXPRESS OR IMPLIED, TO MARKET, DISTRIBUTE OR OTHERWISE EXPLOIT ANY ENTRY AND/OR TO DETERMINE WHETHER COMPENSATION, IF ANY, WOULD BE PAID FOR THE DISCLOSURE OR USE OF THE ENTRY PROVIDED BY ENTRANT. SPONSOR IS NOT OBLIGATED TO PROVIDE FURTHER COMPENSATION OR CREDIT FOR USE OF THE ENTRY OTHER THAN AS DISCLOSED IN THESE OFFICIAL RULES.

Releasees are not responsible for lost, late, illegible, damaged or stolen entries or submissions, or problems of any kind, whether mechanical, human or electronic. Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an online entry form or photograph, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Contest or by any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a participant's ability to participate in the Contest. Entry materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Contest at any time without notice, if in the Sponsor's or Judges' opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Contest. In such event, Sponsor may void any Entries they suspect are at issue and award prizes from among all eligible Entries received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE WEBSITE OR ANY ONLINE SERVICE RELATED TO THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate these Official Rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant's eligibility to participate in the Contest. Any attempts by an individual to access any website associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.

14. WINNERS' LIST: The names of the winners will be available after July 4, 2008. To receive a copy of the list, please send an email to support@predictwallstreet.com.

15. SPONSOR & ADMINISTRATOR: The Sponsor, Promoter and Administrator of this Contest is PredictWallStreet, Inc., 1840 41^st Ave Ste 102-171, Capitola, CA 95010.

Copyright © 2008 PredictWallStreet, Inc. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.

Prediction Widget Design Challenge