2008 NBA Playoffs Pick'em Contest Official Rules

No purchase necessary. Void where prohibited by law.

Eligibility: BallHype 2008 NBA Playoffs Pick'em is a contest that begins on April 17, 2008 at 12:00 am PST (the "Start Date") and ends at 11:59pm PST on the last day of the 2008 NBA Finals. To participate you must be an individual who resides in one of the fifty United States of America and must be at least the age of majority in your jurisdiction of residence. This Contest is void where any registration or bonding is required. BallHype Inc., a California corporation ("BallHype"), in its sole discretion, shall determine the eligibility of participants and the time of entry. BallHype reserves the right to end offering Contests at any time.

Employees, independent contractors, advisors, officers, and directors of BallHype, its affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, the judges, and the immediate family members and persons living in the same household of such persons, may participate in a Contest but are not eligible to win a prize.

Entrants who do not comply with any of the requirements of these official Contest rules (the "Rules") or the BallHype Terms of Service are not eligible to participate in the Contest.

Entry: To participate in the Contest you must be a BallHype member. To become a member click on the Join BallHype link available at www.BallHype.com (the "Site") and enter a user name, password, valid email address, and other requested information. To participate in the Contest, click on the "Games" link at the Site and fill out the bracket for the NBA Playoffs Pick'em Contest which includes series and games selected by BallHype at BallHype's sole discretion. Limit one entry per person.

By submitting predictions for the Contest, you agree to abide by and be bound by these Rules and any decision BallHype or its designees make regarding any matters relating to the Contest. BallHype reserves the right to disqualify from the Contest, and any future contest or other promotion conducted by BallHype, and to prosecute to the fullest extent permitted by law, any entrant who, in BallHype's reasonable suspicion, tampers with the Site, entry process, or the Contest, violates these Rules, engages in any cheating or collusion, or acts in an unsportsmanlike or disruptive manner. In the event of disqualification or ineligibility of any winner, BallHype may replace such winner with the next runner-up at the sole discretion of BallHype.

By entering the Contest, you consent to BallHype's use of your user name and any other information you have provided as a member of BallHype, including without limitation your name, photograph and/or likeness, address, voice, selection methodology, or statements made by or attributed to you, in perpetuity, in any and all media now known or hereafter developed (including, without limitation, print, broadcast, and Internet), for all business purposes including advertising and promotional activities without additional compensation, notice, or approval, unless prohibited by law.

Judging: If necessary, judging to determine the winner will be conducted by BallHype or its designee(s). Winners will be determined by the points earned by each entrant through participating in the Contest. Participating in the Contest consists of predicting winners of the playoffs series in the 2008 NBA Playoffs Pick'em section of the "Games" link of the Site. Read more on how points are determined in the How to Score section.

One prize will be awarded to the participant who earned the most points during the period of the Contest. Points from the regular weekly Golden Picks Contest will not be carried over to the 2008 NBA Playoffs contest, but in the event of a tie, the total score from individual game picks made for NBA Playoffs Games will be used as the tie-breaker. BallHype will be the sole inspector and final arbiter of number of points, and will use its internal software and internal analysis to determine the number of points earned by each entrant.

Odds of Winning: The odds of winning depend on the number of entrants and your abilities.

Finality of Decisions: All decisions of BallHype are final and binding in all matters relating to a Contest.

Prizes: BallHype will award the top scorer one (1) 8 gigabyte iPod touch. The prize will be awarded to the participant who accumulates the most points as of the End Date of the Contest. If there is a tie, BallHype will have the option, in its sole discretion, to award multiple prizes or to hold skill-based tie-breakers to determine the winner.

Each prize will be mailed to the winner. To receive a prize, the winner must provide a valid, physical mailing address.

No substitutions are permitted, except BallHype reserves the right to substitute prizes of equal or greater monetary value to the prizes if for any reason any prize cannot be awarded as contemplated in these Rules.

Taxes: ALL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. BallHype reserves the right to withhold any taxes as required by applicable law. All prizes will be awarded (other than any portion withheld for tax purposes or as otherwise required by applicable law) to the winners only and are not transferable.

Notification of Winner: The winners will be notified by e-mail and/or regular mail and may be required to sign and return an affidavit of eligibility and compliance with these Rules, a publicity/liability release (unless prohibited by law), and any other requested documents within the time period stipulated in the documents. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification. In the event of a dispute about the identity of an individual, entries will be declared submitted by the Authorized Account Holder of the e-mail address submitted at time of entry. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider or online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The winners may be required to provide BallHype with proof that the potential winner is the Authorized Account Holder of the e-mail address associated with the winner.

The name of Contest winners will be posted for a period of time at the Site. A list of prize winners may also be obtained by mailing a self-addressed, stamped envelope to BallHype, Inc., 1314 Paloma Avenue, Belmont, CA 94002 Vermont residents may eliminate return postage.

Disclaimer and Limit of Liability: BALLHYPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY PRIZE OR AN ENTRANT'S PARTICIPATION IN THE CONTEST. BALLHYPE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE CONTEST, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, SERVER, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS CONTEST; AND (V) ANY OTHER CONDITION THAT MAY CAUSE THE CONTEST TO BE DISRUPTED OR CORRUPTED. BALLHYPE RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE CONTEST OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, SUSPENSION OR TERMINATION OF A GAME LISTED BY BALLHYPE OR OTHER UNFORESEEABLE EVENT ALTERS, CORRUPTS OR MAKES IMPOSSIBLE THE ADMINISTRATION OF THE CONTEST.

Release: BY ENTERING THE CONTEST, EACH ENTRANT AND EACH OF ITS EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS, AND AGENTS RELEASES AND AGREES TO HOLD HARMLESS BALLHYPE AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING AND PARTICIPATING IN THE CONTEST; (II) ACCEPTANCE OR USE OF ANY PRIZE; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE CONTEST.

Governing Law: The Contest and the rights and obligations of BallHype and entrants will be exclusively governed by and controlled by the laws of the State of California, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All actions, proceedings or litigation relating hereto will be instituted and prosecuted solely within the State of California, San Mateo County. The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located within such state and county with respect to any action, dispute, or other matter pertaining to or arising out of a Contest.

Sponsor: The Sponsor of this Contest is BallHype Inc., a California corporation in Belmont, CA 94002. All questions regarding the Contest should be directed by e-mail to contest@ballhype.com.