THE FINANCIAL POST STOCK MARKET CHALLENGE (THE “CONTEST”) IS INTENDED TO BE CONDUCTED IN CANADA ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO APPLICABLE CANADIAN LAW. NO PURCHASE IS NECESSARY. PARTICIPANTS MUST BE OF THE AGE OF MAJORITY IN THEIR PROVINCE OR TERRITORY OF RESIDENCE OR OLDER AT THE TIME OF ENTRY. VOID IN WHOLE OR PART WHERE PROHIBITED BY LAW. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE CONTEST RULES (THE “CONTEST RULES”). THE CONTEST IS A STOCK MARKET SIMULATION GAME AND ALL PURCHASES MADE IN THE CONTEST SHALL NOT CONSTITUTE ACTUAL STOCK MARKET PURCHASES
1. Registration Period. The Registration period for The Financial Post Stock Market Challenge begins at 9:30 a.m. Eastern Time (“ET”) on Monday, February 1, 2010 and ends at 4:00 p.m. ET on Friday, March 26, 2010 (the “Registration Period”). The National Post (“The National Post”), and Stock-Trak (“Stock-Trak”) (collectively, the “Sponsors”) reserve the right to limit, turn off, reject or cancel registrations as they deem necessary in their sole discretion. The sponsors reserve the right to extend the registration period.
2. How to Register. To register online, complete and submit the entry form located at www.fpstockchallenge.com (the “Contest Website”).
3. Trading Period. The trading period begins at 9:30 a.m. ET on Monday, February 1, 2010 and ends at 4:00 p.m. ET on Friday, March 26, 2010 (the “Trading Period”). The sponsors reserve the right to extend the trading period.
4. Initial Cash Balance. Each new registrant (“Registrant”), will be given an initial balance of CDN$100,000 of fantasy funds in their Training Portfolio account (the “Account”). For existing registrants, their cash balance in their Training Portfolio remains unaffected and will not be given any more additional funds.
5. Training Portfolio vs. Contest Portfolio. The Training Portfolio allows Registrants to track their progress and evaluate how well their stocks are doing, without affecting their contest results. Currently, the Contest Portfolio is not active for this contest period.
6. Eligible Securities. Registrants can buy any common stock, preferred stock, or ETF (each, a “Stock”) listed on NYSE, NASDAQ, AMEX, TSX or OTCBB securities exchange that is quoted by Stock-Trak with a bid of $0.25 or higher. Registrants cannot trade pink sheet stocks, mutual funds, options, futures, or bonds.
7. Order Types and Trade Execution. Market, limit, and stop orders will be accepted. All orders are executed at the real-time bid/ask prices when placed during market hours. Due to TSX, NASDAQ, NYSE and AMEX regulations, the Contest Website will display a delayed price estimate for 15-20 minutes. Each transaction made by a Registrant will automatically appear in the Registrant's portfolio and transaction history.
Orders placed while the markets are closed will be executed at an appropriate bid/ask price shortly after the market opens and will be contingent on trading volume on that particular Stock. If the Stock requested has not traded that day the trade will be cancelled.
Transactions placed after market hours can be viewed in the Registrant’s transaction history. Pending transactions can be cancelled until 9:25 am ET on the day the trade is scheduled for execution. Pending market orders placed on halted stocks will be cancelled if trading does not resume by the end of the day.
Limit and stop orders may be placed as "Day" orders which are good for the day only, or as "GTC" orders, which are good until cancelled.
If a Registrant does not have adequate cash or buying power to process a trade in his/her Account, the number of shares will be adjusted to allow the trade to be filled as best it can.
8. Commissions. Each Trade made by a Trader or Investor in their Training Portfolio will incur a broker commission fee of $25.00.
9. Buying on Margin. Buying on margin is allowed for all Stocks. This means that the Registrant can borrow additional funds from Stock-Trak based on an initial margin requirement of 50%.
10. Short Sells. Short sells are permitted and short orders do not need an uptick to be filled. Short sells where the bid price of the most recent trade is less than $3.00 are not permitted. Proceeds from the short sell are restricted and cannot be used to buy additional Stocks.
11. Splits, Dividends and other Corporate Actions. Most Stock splits, dividends, and other corporate actions reported by the news wires will be accounted for after the markets have closed and prior to the next market opening. These situations may cause account values to be misrepresented until the reconciliation occurs.
12. Trading Halts. Halted, restricted, and blocked Stocks will not be available for trading. Any trade that is confirmed after trading has been halted will be reversed.
13. Canceling Market Orders. Registrants cannot cancel market orders placed during market hours.
14. Discrepancies. Registrants must report any account discrepancy within one (1) week from the transaction date. Stock-Trak will investigate and adjust any valid discrepancy. Discrepancies reported after one (1) week may or may not be adjusted in Stock-Trak’s sole discretion. All decisions of Stock-Trak will be final.
15. Transaction Limits. Registrants may invest a maximum of 25% of their initial portfolio value (CDN $25,000) in any one Stock.
16. Trading Volume Limits. Orders placed when the market is closed cannot exceed 10% of the average daily volume. Orders placed when the market is open cannot exceed 10% of the volume at the time the trade is submitted. The cumulative number of Stocks traded at any given time cannot exceed 50% of the volume at that time.
17. Initial Public Offerings. Initial Public Offerings (“IPOs”) may only be traded once they are listed on the exchange and their quotes are carried by the Stock-Trak. Pending trades on IPOs will be executed at the market price, not the IPO price.
18. Transaction Limits. The maximum number of trades allowed for the Trading Period is 5,000.
19. Eligibility.
- (a) In order to be eligible for the Financial Post Stock Market Challenge, an individual must:
- (i) be a legal resident of Canada; and
- (ii) be of the age of majority in his/her province or territory of residence or older at the time of entry.
The Sponsors, their respective subsidiaries, related companies, advertising and promotional agencies, and the household members of any of the above, are not eligible to participate in the contest.
- (b) The Sponsors shall have the right at any time to require proof of identity and/or eligibility to participate in the contest. Failure to provide such proof may result in disqualification. All personal and other information requested by and supplied to the Sponsors for the purpose of the contest must be truthful, complete, accurate and in no way misleading. The Sponsors reserve the right, in their sole discretion, to disqualify any Registrant should such a Registrant at any stage supply untruthful, incomplete, inaccurate or misleading personal details and/or information.
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(c) Prize Eligibility. In order to be eligible to win the Prizes in the Financial Post Stock Market Challenge (as described below), Registrants must be a Canadian.
20. Prizing.
- (a)Monthly Prizes. There are two (2) Monthly Prizes to be won during the contest period. Monthly Prizes will be awarded randomly to two (2) registered players from all registered players at the end of the contest period. One (1) Monthly prize awarded for February and one (1) for March. The prize consists of a Samsung ST500 digital camera (retail value retail value $299.99CAD ea)
- (b) Loyalty Prizes. Loyalty points will automatically accrue in Registrant’s Account as follows:
| Activity* |
Points Granted
|
| Forum Post |
250
(max 2500 points per day) |
| Make a trade |
150
(max 1500 points per day
Saturdays and Sundays included.) |
| Daily login |
100 |
| Invite a friend & if referred friend opens account |
500
(max 10 friends per day) |
| Opening e-blasts |
250 |
| Answering surveys |
500 |
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(c) Loyalty Points Prize. There is one (1) Loyalty Points prize available to be won during the contest period consisting of One (1) Sony VAIO® P Series Pocket-Style PC (retail value $999.99CAD ea).
The Loyalty Points prize will be awarded to the Registrant with the highest accrued Loyalty Points at the end of the contest period.
- (d) Monthly Prizes and Loyalty Prize are hereafter referred to as “Prize” or “Prizes”. Monthly Prize Winners and Loyalty Prize Winner are hereafter referred to as “Winner” or “Winners”. Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any. Prizes must be accepted as awarded and cannot be transferred, assigned, substituted or redeemed for cash, except at the sole discretion of the Sponsors. Any unused portion of a Prize will be forfeited and have no cash value. The Sponsors reserve the right, in its and their sole discretion, to substitute a prize of equal value if a Prize (or any portion thereof) cannot be awarded for any reason.
- Odds of Winning. Odds of winning depend on number of eligible Registrants. Before being declared a Winner, the selected entrant shall be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question to be administered during a pre-arranged telephone call or by e-mail, to comply with the Contest Rules and sign and return the Release (described below).
21. Winners and Leader Board. Registrants’ positions on the leader board are unofficial. Registrants listed on the leader board may not be the actual Winners. Stock-Trak Group conducts audits to determine Monthly Prize Winners and Loyalty Prize Winner. All pricing information is received from Thompson Reuters, an independent data provider, and Stock-Trak Group is not responsible for the accuracy of such data. All prices are an approximation of market value at the time each trade is executed. Stock-Trak will make commercially reasonable efforts to ensure that trades are filled at actual price at the time of trade, but makes no guarantee that the price at which a Registrant buys or sells a Stock will match any other price that may be found outside of the Contest. If Stock-Trak finds trades counter to or outside the scope of the Financial Post Stock Market Challenge Rules, Stock-Trak has final trading adjustment authority to rectify.
22. Winner Notification. Winners will be notified in a commercially reasonable timeframe, after the account audit process has concluded. Winner acknowledges that is it his/her responsibility to ensure that his/her contact information is valid and accurate. Winners must be Canadian and over the age of majority in his/her province of residence at the time of registration in order to be eligible to win a prize. Sponsors will require each Winner to provide proof of age of majority, residency and identity prior to the awarding a prize. Sponsors accept no responsibility for inaccurate or invalid information submitted by Registrants. Winners are responsible for any taxes due and other expenses as a result of his/her acceptance of a Prize.
23. Release. Winner will be required to execute a legal agreement and release (“Release”) that confirms Winner’s: (i) eligibility for the Financial Post Stock Market Challenge and compliance with these contest rules; (ii) acceptance of the Prize as offered; (iii) release of each of the Sponsors and their respective parent companies, subsidiaries, affiliates and/or related companies and each of their employees, directors, officers, suppliers, agents, sponsors, administrators, licensees, representatives, advertising, media buying and promotional agencies (collectively, the “Releasees”) from any and all liability for any loss, harm, damages, cost or expense arising out of participation in the Trading Platform, participation in any contest-related activity or the acceptance, use, or misuse of any Prize, including but not limited to costs, injuries, losses related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, or from any and all claims of third parties arising therefrom; and (iv) grant to the Sponsors of the unrestricted right, in the Sponsors’ collective or individual discretion, to produce, reproduce, publish, broadcast, communicate by telecommunication, exhibit, distribute, adapt and otherwise use or re-use the Winner’s name, photograph, likeness, voice and biography, in any and all media now known or hereafter devised, in connection with the Financial Post Stock Market Challenge and the promotion and exploitation thereof. The executed Release must be returned within two (2) business days of the verification as a Winner or the selected Registrant will be disqualified and the Prize forfeited.
24. Indemnification by Registrant. By registering for the Financial Post Stock Market Challenge, Registrant releases and holds Releasees harmless from any and all liability for any injuries, loss or damage of any kind to the Registrant or any other person, including personal injury, death, or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, participation in the Contest, any breach of the Contest Rules, or in any Prize-related activity. The Registrant agrees to fully indemnify Releasees from any and all claims by third parties relating to the Financial Post Stock Market Challenge, without limitation.
25. Limitation of Liability. The Sponsors assume no responsibility or liability for lost, late, unintelligible/illegible, falsified, damaged, misdirected or incomplete entries, trades, notifications, responses, replies, or for any computer, online, software, telephone, hardware or technical malfunctions that may occur, including but not limited to malfunctions that may affect the transmission or non-transmission of a trade. The Sponsors are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Financial Post Stock Market Challenge or by any technical or human error which may occur in the administration of the Financial Post Stock Market Challenge. The Sponsors assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Sponsors are not responsible for any problems, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, e-mail, players, or browsers, on account of technical problems or traffic congestion on the Internet, at any website, or on account of any combination of the foregoing. The Sponsors are not responsible for any injury or damage to Registrant or to any computer related to or resulting from participating or downloading materials in this Financial Post Stock Market Challenge. Registrant assumes liability for injuries caused or claimed to be caused by participating in the contest, or by the acceptance, possession, use of, or failure to receive any Prize. The Sponsors assume no responsibility or liability in the event that the Financial Post Stock Market Challenge cannot be conducted as planned for any reason, including those reasons beyond the control of the Sponsors, such as infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or corruption of the administration, security, fairness, integrity or proper conduct of this Financial Post Stock Market Challenge and the contest Website.
26. Conduct. By participating in the Contest, each Registrant agrees to be bound by the Financial Post Stock Market Challenge Rules, which will be posted at the contest Website and made available throughout the Contest Period. Registrant further agrees to be bound by the decisions of the Sponsors, which shall be final and binding in all respects. The Sponsors reserve the right, in their sole discretion, to disqualify any Registrant found to be: (a) violating the contest Rules; (b) tampering or attempting to tamper with the entry or trading process or the operation of the Financial Post Stock Market Challenge or the contest Website; (c) violating the terms of service, conditions of use and/or general rules or guidelines of the contest Website; and/or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE CONTEST WEBSITE OR ANY RELATED WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO CRIMINAL PROSECUTION.
27. Privacy/Use of Personal Information.
- (a) By participating in the Financial Post Stock Market Challenge, Registrant: (a) grants to the Sponsors the right to use his/her name, mailing address, telephone number, and e-mail address for the purpose of administering the contest, including but not limited to contacting and announcing the Winners; and (b) acknowledges that the Sponsors may disclose his/her Personal Information to third-party agents and service providers of any of the Sponsors in connection with any of the activities listed in (a) and (b) above.
- (b) By opting-in online you consent to Stock-Trak’s disclosure of your Personal Information) to the contest sponsors that you opt-in to hear from. This includes National Post so that you may be contacted regarding upcoming contests and promotions similar to this Contest, promote opportunities to subscribe to newsletters or promotional clubs, and notify you about related products or services.
- (c) The Sponsors will use the Registrant’s Personal Information only for identified purposes, and protect the Registrant’s Personal Information in a manner that is consistent with the Stock-Trak Privacy Policy available at www.fpstockchallenge.com.
28. Intellectual Property. All intellectual property, including but not limited to trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned by the Sponsors and/or their affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.
29. Termination. Subject to the jurisdiction of the Régie des alcools, des courses et des jeux in Quebec, Sponsors reserve the right, in their sole discretion, to terminate the Financial Post Stock Market Challenge, in whole or in part, and/or modify, amend or suspend the Financial Post Stock Market Challenge, and/or the contest Rules in any way, at any time, for any reason without prior notice.
30. Law. These are the official Financial Post Stock Market Challenge. The contest is subject to applicable federal, provincial and municipal laws and regulations. The Rules are subject to change without notice in order to comply with any applicable federal, provincial and municipal laws or the policy of any other entity having jurisdiction over the Sponsors. All issues and questions concerning the construction, validity, interpretation and enforceability of the contest Rules or the rights and obligations as between the Registrant and the Sponsors in connection with the Financial Post Stock Market Challenge shall be governed by and construed in accordance with the laws of the province of Ontario including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws.
31. Language Discrepancy. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Financial Post Stock Market Challenge materials, including but not limited to the contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Financial Post Stock Market Challenge Rules shall prevail, govern and control. In the event of any discrepancy or inconsistency between the English language version and the French language version of the Contest Rules, the English version shall prevail, govern and control.
32. For Residents of Quebec. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.