CNBC Portfolio Challenge

Official Rules

November 17, 2008 – February 6, 2009

NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.

 

 

 

1.                   Acknowledgment:

By registering to play the CNBC Portfolio Challenge (the “Contest”) on milliondollar.cnbc.com (the “Site”) and by checking the “I have read and agree to the rules of CNBC’s Million Dollar Portfolio Challenge” box on the contest registration page, you (“you” or “Participant”) acknowledge that you have read these official rules and Exhibit A (Currency Trading Rules) attached hereto (collectively, the “Rules”), understand them and agree to be bound by all of the terms and conditions of the Rules and any amendments thereto, and by the decisions of CNBC which are final and binding and are not subject to appeal. You further agree to waive any claim based on any alleged ambiguity or error in any Contest materials including but not limited to the Rules, the selection of the Winners or the administration of the Contest itself.


2.                   Eligibility Criteria:

You must be a permanent legal U.S. resident physically residing within the 50 United States or the District of Columbia (residents of Puerto Rico, Guam, the U.S. Virgin Islands and any other territory or possession are excluded from entry and participation). You must also be at least 18 years old or the age of majority in your state of residence, if such age of majority is greater than 18, as of October 27, 2008. NOTE: In the event that the Caesar’s Palace Las Vegas Weekly Prize (defined in Rule 16) winner will not be at least 21years of age upon arrival at the hotel, such winner will receive an alternative prize of comparable value, to be determined by CNBC in its sole discretion.) The following people are not eligible to participate in the Contest: (i) employees of CNBC, Inc. (“CNBC”), NBC Universal, Inc., General Electric Company or any sponsors or vendors of the Contest (including without limitation Forex Capital Markets, Inc. (“FXCM”), Wall Street On Demand and Thinkorswim Group, Inc.), their parent, subsidiary and affiliated companies, (ii) immediate family members and/or household members of any person set forth in (i) above, and (iii) anyone who has been convicted of a securities-related crime or who has been fined or formally sanctioned or disciplined in any securities-related proceeding initiated by any governmental or regulatory authority (including without limitation self-regulatory entities). “Immediate family member” shall mean spouse, parents, step-parents, children, step-children, siblings and their respective spouses. “Household members” shall mean people who share the same residence at least three (3) months during the immediately prior twelve (12) month period (whether related or not). The Contest is void wherever prohibited, and subject to all federal, state and local laws and regulations.

 

3.                   Summary of Contest

The Contest is a simulated equity and currency trading game that provides Participants with up to five fictional trading accounts (“Portfolios”), one million (1,000,000) fictional dollars (“CNBC Bucks”) per Portfolio, and the fictional ability to trade individual stocks and exchange traded funds on the NYSE, NASDAQ and/or AMEX exchanges and certain currency pairs. Participants can compete in the Contest by creating up to five (5) separate Portfolios to compete against all other Portfolios. At the conclusion of each trading week of the Contest, the Participant with the individual Portfolio with the highest percentage gain in its aggregate value during such week will be declared the potential prize winner for such week and such Participant may be announced (where permitted by law) on CNBC television and/or CNBC.com and shall be awarded a weekly prize (such prizes, collectively, the “Weekly Prizes”). Additional weekly prizes will also be awarded as described in detail in Rule 16 below. At the end of the first ten (10) weeks, the ten (10) Weekly Prize winners together with the Participants with the ten (10) highest portfolio valuations as of the end of Week 10 (collectively, the “Finalists”) will compete for the Overall Prizes (as defined below) in a play-off scheduled to begin on January 26, 2009 at 9:30:00 AM and ending on February 6, 2009 at 4:00:00 PM (the “Finals”). Each Finalist will only have one Portfolio in the Finals, and all Portfolios will be reset to 1,000,000 CNBC Bucks at the beginning of the Finals. For a detailed explanation of portfolio valuation, see below. If one or more Weekly Winners(s) also has a top ten Portfolio, or if a Participant has more than one Portfolio that otherwise would qualify for the Finals, the Participant with the next highest Portfolio valuation will be eligible to participate in the Finals as a Finalist. For purposes of clarification, each Participant may only receive one (1) place in the Finals, irrespective of the number of Portfolios entered. At the end of the Finals, each of the three (3) Finalists with the Portfolio that has the highest total Portfolio value at the conclusion of the Finals will be declared a potential winner of the overall Contest and will be awarded a Prize described in Rule 16 below (the “Overall Prizes”). Specific details regarding Prizes are set forth in Rules 14-16. The potential Winners of the Overall Prizes may be announced (where permitted by law) on CNBC television and/or CNBC.com. By way of clarification, winners will be determined on the basis of the performance of a single Portfolio, regardless of the number of Portfolios they may have submitted. Each Participant can only win one Weekly Prize, and one Power Course Prize per week, one Mini-Account Prize per week, and one Overall Prize, irrespective of the number of Portfolios entered by that Participant. If a Participant has more than one Portfolio, only the highest scoring Portfolio created by that Participant will be eligible each week for a Weekly Prize and FXCM Prizes, and at the end of the Contest for an Overall Prize. In the event that, after the beginning of the Finals, a Weekly Winner is determined to be ineligible for whatever reason, the Participant with the next highest Portfolio valuation for that week will be deemed eligible for that Weekly Prize, provided, in any case, that in no event shall any replacement players be added to the Finals.

 

4.                   Duration of Contest:

The Contest will begin on November 17, 2008 at 9:30:00 AM and end on February 6, 2009 at 4:00:00 PM (the “Contest Term”). All times listed in these Rules will be Eastern Standard Time / Eastern Daylight Standard Time.

 

5.                   Registration:

Participants must first register for CNBC.com in order to register for the Contest and each individual’s Portfolios will be allocated to the specific single CNBC.com account used by the individual to register for the Contest. By registering for CNBC.com, you agree to the Terms of Service and Privacy Policy thereof, and such Terms of Service and Privacy Policy are incorporated by reference into these Rules. Registration is a self-service, online-only process that can be accessed by clicking on the registration page at the Site between 9:30:00AM on October 27, 2008 and 4:00:00 pm on January 23, 2009. Any Participant who registers after January 19, 2009 at 4:59:59PM] will not be eligible to win any prizes and may only participate for personal enjoyment. Any Participant who registers after Sunday of a given week at 4:59:59 PM (or Monday of Week 1 at 9:29:59 AM or Monday of Week 10 at 4:59:59 PM) will not be eligible to win the Weekly Prize for such week. Each individual Participant can register only once and must provide a single CNBC.com account (with associated email address and password) which he/she must use when participating in the Contest. Participants are responsible for maintaining the security of their CNBC.com account information and password. Registration is free. Any attempt (successful or unsuccessful) by any Participant to register multiple times by any means, including but not limited to through the use of multiple email accounts, as determined by CNBC in its sole discretion, may result in disqualification of all accounts and Portfolios submitted by that Participant.

 

The following information is required for registration: first name, last name, valid email address, mailing address (including street, city, state and zip code) of legal residence, telephone number, date of birth, gender, User Name (as defined below) and household income (optional).

 

By entering, you agree that CNBC may disclose (where permitted by law) your first name, last name, city and state of residence at any time during the course of, or after, the Contest, either on-air on CNBC or on the Site, at the discretion of CNBC, except where prohibited by law. If you win any prize, you agree that CNBC may disclose your first name, last name, telephone number and email address to Contest prize providers for the purposes of awarding prizes. You agree that any information transmitted to the Site in connection with the Contest is not confidential and may be used in accordance with the terms of CNBC.com’s Privacy Policy. BY ENTERING, YOU AGREE THAT CNBC MAY CONDUCT A BACKGROUND INVESTIGATION ON YOU AND YOU AUTHORIZE CNBC TO CONDUCT SUCH BACKGROUND INVESTIGATION. You agree that any and all information that you supply in the registration process is current, truthful and complete. To the extent that any such information is not current, truthful and complete, you may be disqualified from the Contest.

 

During registration, you may be asked whether you wish to receive information from or on behalf of CNBC and/or third party marketing partners of CNBC. By registering for the Contest, you agree to receive Contest updates in the form of emails throughout the Contest Term and such emails may include offers from contest partners or other third parties. If you elect to receive information from or on behalf of third party marketing partners of CNBC, you acknowledge and agree that such information will be entirely unrelated to CNBC and that CNBC will not be responsible for any of the content of such information.

 

During registration or at certain other times during the Contest Term, each Participant must select a unique User Name or Screen Name (collectively “User Name”) and unique Portfolio Names. User Names must not be inappropriate, as determined by CNBC or the Site’s support staff in their sole discretion. This includes, without limitation, names that are harmful, defamatory, racist, ethnically derogatory, obscene, vulgar, sexually explicit, profane or objectionable, whether in English or any other language. User Names must not violate any applicable laws, rules or regulations; this specifically pertains to copyrighted names and/or possible trademark infringements. Examples of prohibited use of copyrighted or trademarked names are the names of well-known products, services or concepts. Participants may not use the names of famous individuals, celebrities, sports figures or politicians. Participants may not choose a name to intentionally impersonate or harm the reputation of another person. Participants may not use names that refer to drugs or that are drug-related. Participants may not use names where a combination of the first and last names violate any of these guidelines. Participants may not use misspellings, alternative spellings or homonyms of names that violate these provisions. Participants may not use names that are combinations of words that violate any of the above rules. Any Participant who elects to participate in the Contest’s message boards must use a User Name in connection therewith. User Names cannot be changed unless CNBC consents to such name change. The rules of conduct regarding message boards are included in the CNBC.com Terms of Service and Privacy Policy and may be displayed on the Site. Violation of any of these Rules, or any other CNBC rules, as determined by CNBC in its sole discretion, may result in the Participant’s disqualification from the Contest.

 

6.                   Portfolios:

Each Participant may register and play up to five (5) different Portfolios in the Contest, each of which must be given a different name by the Participant, but which may have the same name as other Participants’ Portfolios. Portfolio names must not be inappropriate, as determined by CNBC or the Site’s support staff in their sole discretion. This includes, without limitation, names that are harmful, defamatory, racist, ethnically derogatory, obscene, vulgar, sexually explicit, profane or objectionable, whether in English or any other language, and including without limitation misspellings, alternative spellings, homonyms or word combinations of such names. If any Portfolio’s name is deemed by CNBC, in its sole discretion, to be inappropriate, the Participant who created the Portfolio and all such Participant’s Portfolios will be disqualified from the Contest. Once a Portfolio has been named, the name cannot be changed nor can a Portfolio be deleted or replaced with a new or different Portfolio. Each of a Participant’s Portfolios may be created at any time, other than during a daily registration maintenance window of approximately two (2) hours, which is expected to be from 4:00-6:00PM each trading day. Each Portfolio will compete individually against all other Portfolios registered for the Contest.

 

Each Portfolio begins the Contest with One Million (1,000,000) CNBC Bucks, Nine Hundred Thousand (900,000) of which are allocated to its equity account (sometimes referred to on the site as the “Stock and ETF Portfolio” or the “Equity Portfolio”) to create and manage a fictional portfolio of NYSE, NASDAQ and/or AMEX-traded Equities (the “Equity Account”), and One Hundred Thousand (100,000) of which are allocated to its currency account to create and manage a fictional portfolio of currency pairs (the “Currency Account”). CNBC Bucks cannot be transferred between Equity Accounts and Currency Accounts. At the beginning of the Finals, each Finalist’s single Portfolio will be reset to contain 900,000 CNBC Bucks in its Equity Account and 100,000 CNBC Bucks in its Currency Account.

 

7.                   Determination of Winners

Each week, according to the schedule set forth below, the percentage gain (or loss) for each Portfolio will be determined by calculating the difference between the value of the Portfolio (i) following the end of the prior week, after all transactions for the prior week have been processed and all Bonus Bucks (as defined below) for the prior week have been awarded (the “Weekly Opening Balance”) and (ii) at the end of the current week, after all transactions have been processed for the current week and all Bonus Bucks have been awarded for the current week. For Week One, the Weekly Opening Balance shall be 1,000,000 CNBC Bucks (allocated 900,000 to the Equity Account and 100,000 to the Currency Account) for all Portfolios. For any Portfolio created after Week One, the Weekly Opening Balance for the such Portfolio’s first week shall be 1,000,000 CNBC Bucks (allocated 900,000 to the Equity Account and 100,000 to the Currency Account). (See Rule 14 for a full description of the weekly calculation process and tie breakers and Rule 12 for a full description of Portfolio Valuation.)

 

Weekly Schedule:

Week One: Begins 11/17 - Ends 11/21

Week Two: Begins 11/23 - Ends 11/28

Week Three: Begins 11/30 - Ends 12/5

Week Four: Begins 12/7 - Ends 12/12

Week Five: Begins 12/14 - Ends 12/19

Week Six: Begins 12/21 - Ends 12/26

Week Seven: Begins 12/28 - Ends 1/2

Week Eight: Begins 1/4 - Ends 1/9

Week Nine: Begins 1/11 - Ends 1/16

Week Ten: Begins 1/20 - Ends 1/23

Finals: Begins 1/26 - Ends 2/6

 

Each week will begin at 5:15:00PM on Sunday, other than Week One, which will begin at 9:30:01 AM on Monday and Week Ten, which will begin at 9:30:01 AM on Tuesday. Each week will end at 4:00:00PM on Friday, other than Week Two (“Early Closing Week”), which will end at 1:00:00PM on Friday. There will be no trading on November 27 (Thanksgiving), December 25 (Christmas), January 1 (New Year’s Day), January 19 (Martin Luther King Jr. Day).

 

To be eligible for any Weekly Prize, the winning Portfolio must (i) have a total value of at least Two Hundred Fifty Thousand (250,000) CNBC Bucks after all transactions have been processed and all Bonus Bucks have been awarded following the end of trading on the Friday of the prior week, and (ii) have been created as of 5:00:00PM on the Sunday before such week (other than Week One, which shall require Portfolios to have been created as of 9:30:00AM on the Monday of such week and Week Ten, which shall require Portfolios to have been created as of Monday at 4:59:59 PM).

 

The Finalist who has the Portfolio with the highest aggregate value at the end of the Finals will be awarded the First Prize. The Finalists with the next two (2) highest valued Portfolios will win the Second Prize Third Prize, respectively (together with the First Prize, the “Overall Prizes”), respectively. (See Rule 14 for a full description of the Contest ending calculation process and tie breakers).

 

8.                   Equity Trading:

The Site will post a list of all stocks and exchange traded funds (“ETFs” and together with stocks, “Equities”) that are eligible for trading in the Contest, all of which Equities must have a one hundred (100) day average trading volume of at least ten thousand (10,000) shares, and which stocks must have a market capitalization of at least Five Hundred Million Dollars ($500,000,000), and which ETFs must have a price per share of at least two dollars ($2.00), each as of the close of the markets on November 14, 2008 (the “Eligible Equities”). Equities cannot gain eligibility for the Contest after November 14, 2008. Any Equities that are not listed as Eligible Equities on the Site as of November 17, 2008 will not be eligible to be traded in the Contest, even if they may have been mistakenly left off the list of Eligible Equities. Equities that are deemed eligible for the Contest as of November 14, 2008 and subsequently fall below one or more of the above-described average trading volume threshold or the market capitalization threshold (for stocks) or share price threshold (for ETFs) will not lose eligibility for the Contest. Equities that are incorrectly placed on the Eligible Equities list as of November 14, 2008 will remain eligible to be traded throughout the Contest. Initial Public Offerings that take place after November 14, 2008 will not gain eligibility for the Contest. Limit orders, open orders, short selling, margin buying, and the trading of derivatives, options, bonds, mutual funds or other securities is not permitted. CNBC reserves the right to suspend trading in certain Equities or certain types of trades not specified in these Rules due to unusual trading situations, computer system errors or situations beyond the control of the Contest. Each Portfolio’s Equity Account can make a maximum of fifty (50) trades per “Day”, based on the time the trade is entered by the Participant on the Site, not the time the trade is executed. A “Day”, as used in the preceding sentence, is defined as 4:00:01 PM on a trading day to 4:00:00 PM (or 1:00:00 PM on November 28 and December 24 (“Early Closing Days”)) on the next trading day. No commissions will be charged for trades in the Equity Account.

 

Equity trades are entered on the Site via the “Stock and ETF Holdings” tab by selecting “Manage My Stocks and ETFs” and moving the pointer on the allocation slide bar to the desired percentage allocation (in whole numbers) of the Portfolio’s Equity Account’s total value, including cash CNBC Bucks (the “Portfolio Percentage”) to be allocated to each particular Equity, as of the close of the markets on such day. A trade is defined as the Participant’s submitting of the allocation or reallocation of an Equity’s Portfolio Percentage, which results in the purchase of the stock of a single company or a single ETF for cash CNBC Bucks or the sale of the stock of a single company or single ETF for cash CNBC Bucks. The reallocation of an Equity’s Portfolio Percentage, whether up or down, may result in the purchase or sale of the stock of such company or ETF depending on the performance of that stock or ETF and/or other Equities in the Portfolio. Trades may result in Portfolios holding fractional shares of Equities. A new trade request for a particular Equity cannot result in the Portfolio Percentage for such Equity being greater than twenty-five percent (25%). All trade requests for a particular Equity will be aggregated when calculating the Portfolio Percentage. Portfolio Percentages must be requested in whole numbers; however, if a Portfolio does not have sufficient available cash CNBC Bucks to make the full amount of the requested purchase, the trade will be partially executed and the Portfolio Percentage of such Equity will be lowered from the requested amount. If a Portfolio’s Equity Account does not have any cash CNBC Bucks available to purchase the Equity, the trade will not be executed.

 

If, for any trading day, a new Portfolio Percentage is not submitted for a particular Equity, the number of shares of such Equity held by the Portfolio will not be changed, although the Portfolio Percentage of such Equity may change due to the value of such Equity in relation to the overall value of the Portfolio’s Equity Account.

 

If, due solely to its performance, the performance of other Equities in a Portfolio, or the receipt of Bonus Bucks, and not due to a submitted reallocation, such Equity’s Portfolio Percentage increases above twenty-five percent (25%), such Equity’s Portfolio Percentage will be permitted to remain above twenty-five percent (25%) until such time as the Participant enters a trade requesting a reallocation of such Equity’s Portfolio Percentage. If any such trade is submitted, the Portfolio Percentage of such Equity must be reduced to no greater than twenty-five percent (25%).

 

Participants can enter equity trades seven (7) days per week, at any time except during the period each day, if any, when maintenance is being performed on the Site; provided, however, that trades will only be priced and executed as of 4:00:00 PM (or 1:00:00 PM on Early Closing Days) on market trading days. Participants will have the ability to prioritize equity trades within a given day of trading; provided that all sales will be processed before all purchases. If a Participant does not elect to reprioritize his/her Equity trades, such trades will default to prioritization based upon the time the trade is entered with earlier trades taking priority over any subsequently entered trades.

 

If a Participant submits an Equity trade that either exceeds the daily maximum number of trades or is otherwise deemed inappropriate or in any way not in compliance with the letter and/or spirit of these Rules, as determined by CNBC in its sole discretion, such trade will not be processed. If a Participant enters a reallocation that would result in an Equity trade to buy, and at the time the trade is executed, the Portfolio’s Equity Account does not have enough available cash CNBC Bucks to purchase the number of entered shares equal to the requested Portfolio Percentage, the Portfolio will receive the maximum amount of such Equity (including fractional shares) available to be purchased based on the Equity Account’s available cash CNBC Bucks balance and in accordance with the priority of the Equities to be purchased. Equities will be purchased in the order of priority until available CNBC Bucks in the Portfolio’s Equity Account are depleted. Pending Equity trades can be cancelled up until 4:00:00 PM (or 1:00:00 PM on Early Closing Days) on the same day of the trade; however, all Equity trades are final after 4:00:00 PM (or 1:00:00 PM on Early Closing Days). It is each Participant’s responsibility to review the “Pending Trades” section of the Equity Trading portion of the Site for each of his/her Portfolios and confirm that all submitted Equity trades have been executed by the Site. The Contest will not recognize any attempted trades that have not been submitted through the normal internet browser environment of the Site and executed by the Site, and CNBC shall have the right, in its sole discretion, to disqualify any Participant who makes or attempts to make any such trades. CNBC shall have the right, in its sole discretion, to disqualify any Participant who attempts (successfully or unsuccessfully) to enter, change or delete a trade retroactively.

 

9.                   Currency Trading:

Detailed rules regarding the Currency Trading portion of the Contest are found at the end of these Rules, attached as Exhibit A and incorporated by reference herein. In the event of any inconsistency between these Rules and the Currency Trading Rules, these Rules will govern to the extent of any such inconsistency. The Contest will not recognize any attempted trades that have not been submitted through the normal internet browser environment of the Site and executed by the Site, and CNBC shall have the right, in its sole discretion, to disqualify any Participant who makes or attempts to make any such trades. CNBC shall have the right, in its sole discretion, to disqualify any Participant who attempts (successfully or unsuccessfully) to enter, change or delete a trade retroactively.

 

Each Portfolio’s Currency Account’s trades are processed and its balances are recalculated on a simulated real-time basis, continuously from Sundays at 5:15:00 PM through Fridays at 4:00:00 PM, but the Currency Account’s balance is marked to market at 4:00:00 PM and transmitted to the overall Portfolio’s balance after 4:00:00 PM (or, in each case, at 1:00:00 PM on Early Closing Days) on such trading day.

 

During the registration period, Participants will be able to practice Currency Trading in each of their Portfolios. Such Currency Accounts will begin with 100,000 CNBC Bucks. At the start of the Contest on November 17, such Portfolios will be reset to 1,000,000 CNBC Bucks (900,000 in Equity Accounts and 100,000 in Currency Accounts), such that all practice currency trades will not count towards the Contest results.

 

10.                Pricing of Trades:

Equity trades submitted on equity trading days (Monday through Friday, other than market holidays) at or prior to 4:00:00 PM (or 1:00:00 PM on Early Closing Days) will be priced at the Equity’s closing price for such day, as such closing price is reported to the Site by Wall Street On Demand, an independent data provider, after the close of the markets on such day. Equity trades submitted on weekends, market holidays and after 4:00:00 PM (or 1:00:00 PM on Early Closing Days) on equity trading days will be priced at the Equity’s closing price for the next trading day. For purposes of this Contest, the closing price is the price reported to the Site by Wall Street On Demand and reflects equity trades that settled after the markets closed, but does not reflect after-hours trading. The official time for all equity trades will be determined in accordance with Wall Street On Demand’s internal clock, maintained at Wall Street On Demand’s offices.

 

Pricing of trades in your Currency Account is determined on a real-time basis by FXCM based on a combination of prices provided by multiple global banks and financial institutions, which takes the best bid (sell) and ask (buy) price available, and marks it up by approximately one (1) “pip” (as defined in the Currency Trading Rules). Pricing is updated continuously, however the frequency at which the trading screen is automatically refreshed to see the real time rate is every twenty (20) seconds. You can refresh your trading screen manually at any time to see the real time rate. Furthermore, execution of all types of orders will occur at the real time rate. The price you receive for a particular currency trade may be higher or lower than the price indicated on the Site at the time you enter the trade, for various reasons including without limitation market volatility or volume. For purposes of this Contest, the price of each currency trade is the price determined by FXCM. The official time for all currency trades will be determined in accordance with FXCM’s internal clock, maintained at FXCM’s offices.

All equity pricing information is received from Wall Street On Demand, an independent data provider, and CNBC is not responsible for the accuracy of such data. All currency pricing information is received from FXCM, an independent services provider, and CNBC is not responsible for the accuracy of such data. All equity prices and all currency prices are an approximation of market value at the approximate time each trade is executed. There is no guarantee that the price at which a Participant buys or sells an Equity or a currency pair will match any other price that may be found outside of the Contest. All prices are final. Participants will not be permitted to dispute any price at which their trade is executed even if such price resulted from an error in pricing information received from Wall Street On Demand or FXCM.

 

11.                Bonus Bucks:

 

Trivia Questions and Weekly Quiz. On each trading day during the Contest, Participants will have the opportunity to receive additional CNBC Bucks by answering up to six (6) multiple-choice trivia questions available on the Site (“Trivia Questions”). Participants may only answer each question once, and each of the Participant’s Portfolios will receive Two Thousand (2,000) CNBC Bucks for each correctly answered Trivia Question. Trivia Questions will be posted individually between 6:00AM and 4:00PM, and will be available to be answered on the Site until 6:00AM the following day, other than (i) questions posted on Fridays, which will be available to be answered on the Site until 4:00 PM that day, (ii) questions posted on November 26, which will be available to be answered on the Site until 5:59:59 AM on November 28, (iii) questions posted on November 28, which will be available to be answered on the Site until 1:00 PM on November 28, (iv) questions posted on December 24, which will be available to be answered on the Site until 5:59:59 AM on December 26 and (v) questions posted on December 31, which will be available to be answered on the Site until 5:59:59 AM on January 2, except in all cases to the extent that different time limits for any such days are posted on the Site. During each week of the Contest, Participants will be given the opportunity to answer one (1) additional weekly quiz question, which will be posted on the Site beginning at approximately 6:00AM on each Monday and will be available to be answered until 4:00PM on that Friday (the “Weekly Quiz”), except for Early Closing Weeks (for which the Weekly Quiz will be available to be answered until 1:00 PM on that Friday), Week 10 (for which the Weekly Quiz question will be posted beginning at approximately 9:30 AM on Tuesday) or to the extent that a different time limit for any such week is posted on the Site. Participants may only answer each Weekly Quiz question once, and each of the Participant’s Portfolios will receive Two Thousand (2,000) CNBC Bucks for each correctly answered Weekly Quiz. The answer to each Weekly Quiz question may be found either in a weekly educational video posted on the Site, or elsewhere on the web. CNBC Bucks received by a Participant for correctly answering Trivia Questions in the time allotted will be added to the cash account balance of the Equity Account of each of his/her Portfolios before the next day’s equity trades are processed, so that such CNBC Bucks will be available for any equity purchases submitted for that following day. CNBC Bucks received by a Participant for correctly answering Weekly Quiz questions in the time allotted will be added to the cash account balance of the Equity Account of each of his/her Portfolios before the same day’s equity trades are processed, so that such CNBC Bucks will be available for any equity purchases submitted for that day. CNBC Bucks received by a Participant for correctly answering Weekly Quiz questions after 4:00:00 PM will be added to the cash account balance of the Equity Account of each of his/her Portfolios before the following day’s equity trades are processed, so that such CNBC Bucks will be available for any equity purchases submitted for that following day. The decisions of CNBC regarding the correct answers to the Trivia Questions and the Weekly Quiz shall be final and binding.

 

Refer-A-Friend. Participants will also have the opportunity to earn additional CNBC Bucks by providing CNBC with the names and email addresses of up to five (5) other people, who will be contacted by CNBC to request that they register for the Contest (“Refer-A-Friend”). If such person is eligible and properly registers for the Contest after their name and email address is provided to CNBC, each Participant who provided such name or email address to CNBC will receive One Thousand (1,000) CNBC Bucks for each eligible new Participant. CNBC Bucks received by a Participant for providing the eligible name and email address of another Participant will be added to the cash account balance of the Equity Account of each of his/her Portfolios before the Equity trades are processed on the day such other Participant registers for the Contest, if such other Participant Registers at or before 4:00 PM, so that such CNBC Bucks will be available for any Equity purchases submitted for that day. If such other Participant registers after 4:00 PM, the CNBC Bucks will be added to the referring Participant’s Portfolios on the next trading day, so that such CNBC bucks will be available for any Equity purchase submitted for such next trading day. Certain people may not be eligible to receive emails from CNBC, based on prior communications received from such person. In such event, the Participant will not be permitted to add any other names or email addresses to his/her submitted list.

 

Early Registration. Any Participant who registers for the Contest prior to November 14 at 4:00 PM, will be awarded Five Thousand (5,000) CNBC Bucks, and such CNBC Bucks will be available for any equity purchases submitted for November 17.

 

Timing of Bonus Bucks Awards. The CNBC Bucks awarded for correct answers to Trivia Questions and Weekly Quizzes and for early registration and Refer-A-Friend will be referred to herein as “Bonus Bucks.” Any Bonus Bucks for early registration and Refer-A-Friend that are earned after the Participant has registered for the Contest, but before her/she has created any Portfolios, will be awarded to all of his/her Portfolios that are created during the first time he/she creates Portfolios; provided, however, if any Portfolios are created at a later time, such Bonus Bucks will not be awarded to the later-created Portfolios. Bonus Bucks for Trivia Questions and Weekly Quizzes will not be awarded to any Portfolios that were created after such Trivia Questions and Weekly Quizzes were answered.

 

12.                Portfolio Valuation:

Each Portfolio’s Currency Account’s trades are processed and its balances are recalculated on a simulated real-time basis, continuously from Sundays at 5:15:00 PM through Fridays at 4:00:00 PM, but the Currency Account’s balance is marked to market at 4:00:00 PM and transmitted to the overall Portfolio’s balance after 4:00:00 PM (or, in each case, at 1:00:00 PM on Early Closing Days) on such trading day.

Each Portfolio’s Equity Account’s trades are processed and its balances are recalculated, once per trading day, after 4:00:00 PM (or 1:00:00 PM on Early Closing Days) on such trading day. Each Portfolio’s Equity Account value is based on each Equity’s closing price, as provided to the Site by Wall Street On Demand, plus any un-invested cash CNBC Bucks balances including bonus CNBC Bucks earned. Each Portfolio’s total value is the sum of the Equity Account value plus the Currency Account value, as of 4:00:00 PM (or 1:00:00 PM on Early Closing Days) on each equity trading day.

 

CNBC Bucks cannot be transferred between an Equity Account and a Currency Account.


13.                Special Processing of Corporate Actions:

The Contest will process stock splits, mergers and acquisitions, halted/suspended trading, delistings, spin-offs, special cash dividends and ticker symbol changes. These corporate actions will be processed after the close of the markets on the date they occur, and will not count towards a Portfolio’s Equity Account’s number of daily trades. In the event that a Participant believes that his/her Portfolio does not properly reflect a corporate action, the Participant must email the Site’s support department no later than 11:59:59 PM on the date of such corporate action, with the stock symbol, type of corporate action, effective date, and the name(s) of the affected Portfolio(s). Adjustments, if any, will be determined by CNBC in its sole discretion, and all such decisions by CNBC are final and binding and are not subject to appeal. Trades executed with CNBC Bucks incorrectly deposited due to corporate action issues or Site mistakes will be removed from the Portfolio, but will count towards a Portfolio’s Equity Account’s maximum daily trades. The Contest reserves the right to suspend trading in an Equity, or take any other action deemed necessary to cause the Site to properly adjust to a corporate action.

Stock dividends, other than special cash dividends, will not be processed or reflected in the Contest. In the event of a special cash dividend, on the effective date of such dividend, the cash amount of the dividend will be subtracted from the previous day’s closing price, but the change will not occur until after the close of the market on the effective date. In the event of a stock split, the quantity and price of such stock will be adjusted after the market closes on the date of the stock split. Any suspension, halt or de-listing that recurs for the same Equity within one calendar day after resolution or any such action will not be taken into account for purposes of valuation of portfolios for the Contest. If a company is de-listed or trading is halted for more than one calendar day from its exchange, it will automatically be sold at its last trading price prior to the delisting or halting, as such price is provided to the Site. In the event an Equity is de-listed due to a merger or acquisition, it shall be considered the equivalent of a sale and the sale price shall be the final price received by the Site for that Equity. All ticker symbol changes will be reflected on the Site within one (1) business day.


14.                Prize Winners:

Weekly Prizes - After trading closes on each Friday of the first Ten (10) Weeks of the Contest, all trades are processed, all Currency Account balances are transmitted to the overall Portfolio balances, all Bonus Bucks are awarded, all corrections (if any) are made, and all site maintenance is performed and (subject to confirmation of eligibility and compliance with these Rules), the Portfolio with the highest percentage gain in its value during such week will be declared the potential Weekly Winner for that week and the Participant who created such Portfolio will be entitled to receive the Weekly Prize for such week, as described below, subject to confirmation of eligibility. In the event of a tie, the Weekly Winners will be determined using the following tiebreakers within and among all tied Portfolios, until ties are broken: First, the highest absolute gain for that week; Second, the highest percentage gain in Equity Account value during such week; Third, the highest absolute gain in Equity Account value during such week; Fourth, the most equity trades made during such week. In the further event of a tie, CNBC will select as many additional tiebreakers as are necessary, in its sole discretion. Each Participant may only win one (1) Weekly Prize. If a Participant who is already a Weekly Winner from a prior week has the Portfolio with the highest percentage gain in its value during a later week, such Participant will not be eligible to be the Weekly Winner for such later week, and the Portfolio with the next highest percentage gain in its value during such later week will be declared the potential Weekly Winner for such later week, subject to confirmation of eligibility.

 

FXCM Prizes - After trading closes on each Friday of the Contest, all trades are processed, all Currency Account balances are transmitted to the overall Portfolio balances, all Bonus Bucks are awarded, all corrections (if any) are made, and all site maintenance is performed (and subject to confirmation of eligibility and compliance with these Rules), (i) each of the one hundred (100) Portfolios with the highest total value will be declared the potential Power Course Winners for that week and the Participants who created such Portfolios will be entitled to receive a free FX Power Course from FXCM (the “Power Course Prizes”) and (ii) each of the ten (10) Portfolios with the highest total Currency Account value will be declared the potential Mini-Account Winners (and together with the “Power Course Winners”, the “FXCM Winners”) and the Participants who created such Portfolios will be entitled to receive a $300 Mini-Account from FXCM (the “Mini-Account Prizes” and together with the Power Course Prizes, the “FXCM Prizes”), subject to confirmation of eligibility. In the event of a tie, there may be more than one hundred (100) weekly Power Course Winners and more than ten (10) weekly Mini-Account Winners. No individual Participant can win more than one Mini-Account Prize during the Contest. Any FXCM Winner will also be eligible to win Weekly Prizes and Overall Prizes.

 

Finals and Overall Prizes- After the end of the first ten (10) weeks, the twenty (20) Finalists, as determined by CNBC in its sole discretion, will compete for the Overall Prizes in the Finals, beginning on January 26, 2009 at 9:30:00 AM and ending on February 6, 2009 at 4:00:00 PM. Each Finalist will only have one Portfolio in the Finals, and all Portfolios will be reset to 1,000,000 CNBC Bucks (900,000 for Equity and 100,000 for Currency) at the beginning of the Finals. If one (1) or more Weekly Winners(s) also has a top ten Portfolio, the Participant with the next highest Portfolio will be eligible to participate in the Finals as a Finalist. For purposes of clarification, each Participant may only receive one (1) place in the Finals, irrespective of the number of Portfolios entered. In the event of a tie, the Participants eligible to enter the Finals will be determined using the following tiebreakers within and among the tied Participants: First, the highest Equity Portfolio balance at the end of Week 10, Second, the most Equity trades during the Contest; and Third, the Participant who registered the earliest for the Contest. In the further event of a tie, CNBC will select as many additional tiebreakers as are necessary, in its sole discretion.

 

After trading closes on February 6, 2009 and all trades are processed, all Currency Account balances are transmitted to overall Portfolio balances, all Bonus Bucks are awarded, all corrections (if any) are made, and all site maintenance is performed (and subject to confirmation of eligibility and compliance with these Rules), (i) the Finalist whose Portfolio has the highest total value will be declared the potential First Prize Winner of the Contest pending verification of eligibility, (ii) the Finalist whose Portfolio has the second highest total value will be declared the potential Second Prize Winner of the Contest pending verification of eligibility, and (iii) the Finalist whose Portfolio has the third highest total value will be declared the potential Third Prize Winner of the Contest pending verification of eligibility, In the event of a tie, the respective Winner, within and among the tied Finalists, will be determined using the following tiebreakers until ties are broken: First, the highest Portfolio balance at the end of Week 10; Second, the Portfolio with the highest total Equity Account value at the end of the Finals; Third, the most Equity trades during the Finals. In the further event of a tie, CNBC will select as many additional tiebreakers as are necessary, in its sole discretion.

 

Winning any prize in the Contest is subject to meeting all eligibility requirements and full compliance with these Rules and any other Contest rules and regulations that may be posted on the Site by CNBC.

 

15.                Winner Notification; Confirmation of Eligibility:

After the conclusion of each week, the potential Weekly Winners may be notified in person or by phone, email and/or mail. After the conclusion of Week 10, the potential Finalists may be notified in person or by phone, email and or/mail. After the conclusion of the Contest, the potential winners of the First Prize, the Second Prize, and the Third Prize (the “Overall Winners”) will be notified in person or by phone or email and/or mail. Each of the Overall Winners, the Weekly Winners and the FXCM Winners (collectively, the “Winners”) may be required to (i) sign and return to CNBC or representatives of CNBC within forty-eight (48) hours of attempted notification, an affidavit of eligibility and liability, including evidence of age and residence, and a publicity release, unless prohibited by law (collectively, the “Affidavit/Release”), (ii) provide a recent photo of the Participant and a completed and signed questionnaire (the “Photo/Questionnaire”), (iii) provide to CNBC a true and complete copy of all of such Winner’s brokerage statements and related trading records such as confirmations, covering the term of the Contest (the “Brokerage Statements” and together with the Affidavit/Release and the Photo/Questionnaire, the “Required Documentation”) and (iv) cooperate and comply with all other requests made by CNBC or its representatives for the purpose of confirming such Winner’s eligibility and/or compliance with the Contest’s Rules and applicable laws (the “Compliance Requests”), which will be determined solely by CNBC, in its discretion. If any potential Winner cannot be reached after two (2) attempts by CNBC or its representatives, is found to be ineligible by CNBC for any reason, cannot or does not comply with these Rules, does not honestly, accurately and fully complete and return the Required Documentation within the designated time period, or if any or prize or prize notification sent to a Potential Winner is returned as undeliverable, that potential Winner may be disqualified and an alternate potential Winner may be designated. If any Winner is found to be ineligible, or if such Winner has not complied with these Rules, at any time during or after the Contest, such Winner may be disqualified from the Contest.

 

During Week 10 of the Contest, those Participants that CNBC, in its sole discretion, deems to have a reasonable possibility of becoming a Finalist by finishing with one of the top ten overall Portfolio values, will be required to provide CNBC with all of the Required Documentation and to comply with the Compliance Requests for purposes of verifying the Participant’s eligibility and compliance with the Rules. If any such Participant (i) does not honestly, accurately and fully complete and return the Required Documentation requested by CNBC by the EARLIER of January 26, 2009 at 5:00 PM and forty-eight (48) hours after attempted notification by CNBC, (ii) does not honestly, accurately and fully cooperate and comply with the requested Compliance Requests by the EARLIER of January 26, 2009 at 5:00 PM and forty-eight (48) hours after attempted notification by CNBC, (iii) is deemed ineligible for any reason or (iv) is suspected of violating the Rules or any other CNBC rules, in each case as determined by CNBC in its sole and absolute discretion, such Participant may be disqualified from the Contest.

 

At any time and from time to time during the Contest, CNBC, in its sole discretion, may require certain Participants to provide CNBC with any or all of the Required Documentation and to comply with the Compliance Requests for purposes of verifying the Participant’s eligibility and compliance with the Rules. If any such Participant (i) does not honestly, accurately and fully complete and return the Required Documentation requested by CNBC within seven (7) days of attempted notification by CNBC, (ii) does not honestly, accurately and fully cooperate and comply with the requested Compliance Requests within seven (7) days of attempted notification by CNBC, (iii) is deemed ineligible for any reason or (iv) is suspected of violating the Rules or any other CNBC rules, in each case as determined by CNBC in its sole and absolute discretion, such Participant may be disqualified from the Contest.

 

16.                The Prizes:

Overall Prizes: The following Overall Prizes will be awarded:

 

First Prize: One (1) First Prize Winner will receive (i) Five Hundred Thousand Dollars ($500,000), payable in an initial one-time lump sum of Fifty Thousand Dollars ($50,000) followed by twenty (20) annual installments of Twenty Two Thousand Five Hundred Dollars ($22,500) and (ii) a Marquis Jet Card (the “Card”) valid for up to ten (10) hours of private jet travel (collectively, the “First Prize”). The Approximate Retail Value (“ARV”) of the Card is eighty-eight thousand dollars ($88,000). The Card is valid for travel through October 31, 2009 on a Net Jets XLS/Excel aircraft type, and includes aircraft, catering, crew and fuel only. Any unused portion of the Card remaining after October 31, 2009 will be forfeited and no additional compensation will be awarded to First Prize Winner. Use of the Card is subject to availability, select blackout dates and other restrictions as defined by the Marquis Jet Card program documents. The Marquis Jet Card program provides access to the NetJets fleet which is operated by NetJets® companies under their respective FAR Part 135 Air Carrier Certificates. Complete terms and conditions of the Marquis Jet Card program are contained in the Marquis Jet Card operating documents which First Prize Winner will be required to execute prior to receiving the Card and becoming a Marquis Jet Card Owner. First Prize Winner must sign any other documents relating to the Card as required by CNBC or the Card issuer. The NetJets Collective Service Area is comprised of the continental United States and select cities in the Canadian provinces of Ontario and Quebec and any travel outside of the NetJets Collective Service Area may result in a fee payable by Winner. First Prize Winner will not be able to travel on Peak Period Days, as defined by the Marquis Jet Card program documents. No other travel elements (including, without limitation, lodging, ground transportation, insurance, meals, gratuities, entertainment, souvenirs, etc.) are included in First Prize. CNBC is not liable for any expenses incurred as a consequence of use of the Card. All travel will be at the risk of First Prize Winner and any guests of First Prize Winner. Second Prize: One (1) Second Prize Winner will receive Two Hundred Thousand Dollars ($200,000), payable in an initial one-time lump sum of Twenty Thousand Dollars ($20,000) followed by twenty (20) annual installments of Nine Thousand Dollars ($9,000) (the “Second Prize”). Third Prize: One (1) Third Prize Winner will receive One Hundred Thousand Dollars ($100,000), payable in an initial one-time lump sum of Ten Thousand Dollars ($10,000) followed by fifteen annual installments of Six Thousand Dollars ($6,000) (the “Third Prize”). Cash portion of Overall Prizes to be awarded in the form of checks made payable to the applicable Overall Winner or in such other form(s) as determined by CNBC in its sole discretion. All Overall Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a prize (or prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other, unspecified expenses, costs, or fees associated with the acceptance and/or use of First Prize are the sole responsibility of Winner. Overall Prizes cannot be transferred by Overall Prize Winners or, in the case of the Card, redeemed for cash and are valid only for the items detailed above, with no substitution of Overall Prizes by Overall Prize Winners. If an Overall Prize element is not available for any reason, as determined at CNBC’s discretion, the remaining elements of such Overall Prize shall be awarded and shall constitute full satisfaction of CNBC’s prize obligation to the applicable Overall Winner and no additional compensation will be awarded. Overall Prize Winners are responsible for all federal, state and local taxes and for any tax liability, including, in the case of First Prize Winner, applicable departure taxes or fees, inspection charges, and security charges. Overall Prizes consist only of the elements set forth above. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of any Overall Prize due to reasons beyond CNBC’s control, and is not responsible or liable for any expenses incurred as a consequence thereof.

 

Each Overall Winner will receive an IRS Form 1099 from CNBC for the total ARV of the applicable Overall Prize for the calendar year in which such prize was won. If any Overall Prize is unclaimed, it will be forfeited and the applicable Overall Prize may be awarded to the runner-up subject to verification of eligibility and compliance with the Rules.

 

Weekly Prizes: The following Weekly Prizes will be awarded, one for each week of the Contest:

 

WEEK 1:

2009 Major League Baseball All Star Game

A Trip for Winner and one (1) Guest to see the 2009 Major League Baseball All Star Game in St. Louis, MO (scheduled to take place on July 11 – 15, 2009). The Trip will include: Two (2) tickets to the 2009 Major League Baseball All Star Game; All-Star events in St. Louis (All-Star Sunday scheduled to take place on July 12, 2009, All-Star FanFest only one (1) day admittance on any of the following days July 10-14, 2009, Home Run Derby July 13, 2009 and All-Star Game); Round-trip, commercial coach-class air transportation for Winner and his/her Guest from the airport closest to the Winner’s residence (as determined by CNBC in its sole discretion) to St. Louis, MO; Standard hotel accommodations (single room/double occupancy) for four (4) nights at a hotel near the game (as determined by CNBC in its sole discretion); and Round trip ground transportation for two (2) between the hotel and airport. The Approximate Retail Value (“ARV”) of Prize is five thousand dollars ($5,000). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined by CNBC in its sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the 2009 World Baseball Classic game, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by CNBC or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to take the Trip and/or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

WEEK 2:

Grace Bay Club Turks and Caicos Getaway

A Trip to Turks and Caicos for Winner and one (1) Guest. The Trip will include: Four(4)-days, three (3) nights standard hotel accommodations for two (2) (single room/double occupancy) at the Grace Bay Club, Turks & Caicos with daily full breakfast, welcome fruit basket, tropical cocktail greeting, and a variety of activities as available, including activities such as non-motorized water sports, tennis and biking and use of the hotel fitness center; Roundtrip commercial coach airfare for two (2) to Miami, Florida from an airport near the Winner’s residence (as determined by CNBC in its sole discretion); Round-trip airport transfers; and if necessary(as determined by CNBC in its sole discretion) standard hotel accommodations (single room/double occupancy) for two (2) at a hotel in Miami (as determined by CNBC in its sole discretion) for one (1) night before departing from Miami, Florida to Turks and Caicos via private jet transportation for two (2) through the Marquis Jet Card program. The Approximate Retail Value (“ARV”) of Prize is thirty-six thousand dollars ($36,000). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Prize must be redeemed for travel between April 1, 2009 and December 19, 2009 or Trip will be forfeited. Trip is subject to space availability, select blackout dates and other travel restrictions. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other, unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined at CNBC’s discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. Airline tickets must be issued thirty (30) days prior to date of departure or thirty (30) days after reservation is made, whichever comes first. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. If Winner chooses to take the Trip with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

WEEK 3:

Caesars Palace® Las Vegas Golf Getaway

A Trip to the Caesar’s Las Vegas Octavious Tower for the Winner and one (1) Guest. The Trip will include: Four(4)-day, three (3) nights accommodations for two (2) (suite/ double occupancy) at Caesar’s Las Vegas Octavious Tower Round-trip, golf for two (2) as Cascata; $500 in promo chips for the Winner; $1000 resort credit for the Winner, subject to all applicable resort restrictions; commercial coach-class air transportation for Winner and one (1) Guest from an airport near the Winner’s residence (as determined by CNBC in its sole discretion) to Las Vegas, NV. The Approximate Retail Value (“ARV”) of Prize is eleven thousand dollars ($11,000). ARV of Prize varies depending on the point of departure, point of arrival, fare fluctuation, and duration of the hotel stay for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Prize must be redeemed for travel between June 26, 2009 and June 26, 2010 or Trip will be forfeited. If the Winner will not be at least 21 years of age upon arrival at the hotel, such Winner will receive an alternative prize of comparable value, to be determined by CNBC in its sole discretion. Winner will be provided with a certificate to redeem Prize. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other, unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined at CNBC’s discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be twenty-one (21) years of age or older and the age of majority in his or her state of residency as of the first date of travel. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. Airline tickets must be issued thirty (30) days prior to date of departure or thirty (30) days after reservation is made, whichever comes first. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by CNBC or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to take the Trip and/or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

WEEK 4:

SharpElectronics Home Entertainment Package

Prize Winner will receive a Sharp Home Entertainment Package consisting of: One (1) Sharp 65" LC-65"XS1U Sharp Aquos LCD and one (1) Sharp Blu-ray disc player. Sharp will coordinate delivery of the Prize with the Winner. The total Approximate Retail Value (“ARV”) of the Sharp Home Entertainment Package Prize is fifteen thousand two hundred ninety-nine dollars ($15,299). ARV of Prize represents CNBC’s good faith determination of the maximum retail value thereof. There is no substitution, transfer, refund or cash equivalent for the Prize (or any Prize component), except that CNBC may substitute a prize (or prize component) with one of comparable or greater value for any reason at its sole discretion. If Winner is not able or willing, for any reason, to receive the Prize in accordance with the terms and conditions set forth in these Rules, the Prize will be forfeited and may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. CNBC will furnish an IRS 1099 form to Winner for the ARV of Prize for the tax year in which Prize was won. Winner is solely responsible for all federal, state, and local taxes and CNBC shall have the right, but not the obligation, to make any deductions and withholdings that CNBC deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Prize Winner must accept all products and/or services as delivered in connection with the Prize, even if the Winner does not like or is otherwise not satisfied with those products or services. CNBC is in no way responsible for providing any replacements, consultations, repairs or modifications if Winner is not satisfied with products and/or services, nor is CNBC responsible for any damage to Winner’s property. Prize is provided “as is” and CNBC makes no representations or warranties of any kind concerning the appearance, safety, quality or performance of any portion of Prize. Winner bears all risk of loss or damage to any portion of Prize after delivery and accepts all risks associated with the delivery of the Prize including any damage that may occur during delivery. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize beyond those specified herein, including, without limitation, any expenses or costs incurred in connection with the installation of Prize beyond basic installation (as determined by CNBC’s in its sole discretion). If a Prize element is not available for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to the Winner, and no additional compensation will be awarded.

 

WEEK 5:

Annika Sorenstam Golf Outing:

Prize Winner will receive: Roundtrip commercial coach airfare for Winner and one (1) Guest to Orlando, Florida from an airport near the Winner’s residence (as determined by CNBC in its sole discretion); Round trip ground transport between airport and Ginn Reunion Resort in Orlando, Florida; Three (3) days, three (3) nights standard hotel accommodations for two (2) (single room/double occupancy) at the Ginn Reunion Resort; Two (2) ANNIKA Academy™ Soren-Slam Packages to be redeemed during the Academy Season consisting of activities including: golf instruction with Charlotta Sorenstam, individual fitness and nutritional programs developed by Kai Fusser, golf swing analysis using the V-1 Program, a club-fitting using C-PAS (Callaway Performance Analysis System) designed by Callaway Golf , a golf clinic with Annika Sorenstam, nine holes of golf with Annika Sorenstam, a photograph and autograph session with Annika Sorenstam, golf instruction with Henri Reis. Winner shall be responsible for consulting his/her doctor before implementing any fitness and nutritional program. All activities with Annika Sorenstam are subject to her availability. Soren-Slam Packages also include: full service breakfast served at the Ginn Reunion Resort Clubhouse on each day of the stay, two (2) gourmet lunches served at the ANNIKA Academy™, including one (1) lunch with Annika Sorenstam herself (subject to Annika’s availability), one (1) lunch served at the "Eleven" restaurant located in the Reunion Grande, special gift package with autographed memorabilia and an Annika Academy golf shirt, all greens fees and cart fees. The Approximate Retail Value (“ARV”) of Prize is twenty six thousand dollars ($26,000). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Prize must be redeemed between October 1, 2009 and April 30, 2010, or Prize will be forfeited. Trip is subject to space availability, select blackout dates and other travel restrictions. Confirmation of travel dates will only be provided thirty (30) days prior to the departure date. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other, unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited. If a Prize element is not available for any reason, as determined at CNBC’s discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, dinners, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. Airline tickets must be issued thirty (30) days prior to date of departure or thirty (30) days after reservation is made, whichever comes first. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. If Winner chooses to take the Trip with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with all required documentation, or Guest portion of Prize will be forfeited.

 

WEEK 6:

Ultimate Hawaii Vacation: A trip to the 2009 NFL Pro Bowl and the Four Seasons Maui at Wailea

A Trip for Winner and one (1) Guest to see the 2009 NFL Bro Bowl in Oahu, Hawaii and a Four Seasons Resort in Hawaii. The Trip will include: Two (2) tickets to the 2009 NFL Pro Bowl Game (scheduled to take place on February 8 – 10, 2009); Five (5) days, Four (4) nights standard hotel accommodations for two (2) (single room/double occupancy) at the Four Seasons Maui at Wailea (February 10 – 14, 2009); Commercial coach-class air transportation for Winner and his/her Guest from the airport closest to the Winner’s residence (as determined by CNBC in its sole discretion) to Honolulu/Oahu International Airport, Hawaii; Commercial coach-class air transportation for Winner and his/her Guest from Honolulu/Oahu International Airport, Hawaii to Kahului Airport; Return commercial coach air for two from Kahului Airport to original departure city; Standard hotel accommodations (single room/double occupancy) for two (2) nights at a hotel near the game (as determined by CNBC in its sole discretion); and Round trip ground transportation for two (2) between the hotel and airport. Notwithstanding the foregoing Winner may elect, in lieu of staying at the Four Seasons Resort on the dates indicated above, to receive a certificate good for Five (5) days, Four (4) nights standard hotel accommodations for two (2) (single room/double occupancy) at such resort valid through December 31, 2009 in accordance with the terms specified therein, provided in the event of any such election neither air transportation to or from the resort, nor ground transportation between the resort and the airport, will be provided for a resort stay pursuant to such certificate. Other restrictions may apply. The Approximate Retail Value (“ARV”) of Prize is eight thousand one hundred fifty-one dollars ($8,151). ARV of Prize varies depending on the point of departure, point of arrival, fare fluctuation for the Trip and dates of hotel stay. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined by CNBC in its sole discretion, or is unclaimed by the Winner, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the 2009 World Baseball Classic game, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by CNBC or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to take the Trip and/or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

Week 7:

Ultimate Hawaii Vacation: A trip to the 2009 NFL Pro Bowl and Two Four Seasons Resorts in Lana'i

A Trip for Winner and one (1) Guest to see the 2009 NFL Bro Bowl in Oahu, Hawaii and to two (2) different Four Seasons Resorts in Lanai, Hawaii. The Trip will include: Two (2) tickets to the 2009 NFL Pro Bowl Game (scheduled to take place on February 8 –10, 2009); Three (3) days, Two (2) nights hotel accommodations for two (2) (single room/double occupancy) in an Ocean View (or comparable) Suite at the Four Seasons Lāna‘i at Manele Bay (February 10 – 12, 2009); and Three (3) days, Two (2) nights hotel accommodations for two (2) (single room/double occupancy) in a Koele Suite at the Four Seasons Lāna‘i, The Lodge at Koele (February 12 – 14, 2009) with daily breakfast; Commercial coach-class air transportation for Winner and his/her Guest from the airport closest to the Winner’s residence (as determined by CNBC in its sole discretion) to Honolulu/Oahu International Airport, Hawaii; Commercial coach-class air transportation for Winner and his/her Guest from Honolulu/Oahu International Airport, Hawaii to Lanai Airport, Return commercial coach air fare for two (2) from Lanai Airport to the Winner’s departure city; Standard hotel accommodations (single room/double occupancy) for two (2) nights at a hotel near the game (as determined by CNBC in its sole discretion) ; and Round trip ground transportation for two (2) between the hotel and airport. Notwithstanding the foregoing Winner may elect, in lieu of staying at both of the Four Seasons Resorts on the dates indicated above, to receive a certificate good for a total of Five (5) days, Four (4) nights accommodations for two (double occupancy) at such resort(s) (Three (3) days, Two (2) nights sequential stays at such resorts) valid until December31, 2009 in accordance with the terms specified therein, provided in the event of any such election neither air transportation to or from the resort (or between resorts), nor ground transportation between the resort and the airport, will be provided for resort stays pursuant to such certificates. The Approximate Retail Value (“ARV”) of Prize is eleven thousand eight hundred fifty dollars ($11,850). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip and dates of hotel stays. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined by CNBC in its sole discretion, or is unclaimed by the Winner, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the 2009 World Baseball Classic game, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by CNBC or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to take the Trip and/or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

WEEK 8:

Ultimate Hawaii Vacation: A trip to the 2009 NFL Pro Bowl and the Four Seasons Hualalai

A Trip for Winner and one (1) Guest to see the 2009 NFL Bro Bowl in Oahu, Hawaii and a trip to a Four Seasons Resort in Hawaii. The Trip will include: Two (2) tickets to the 2009 NFL Pro Bowl Game (scheduled to take place on February 8 – 10, 2009); Five (5) days, Four (4) nights accommodations for two (2) (double occupancy) in a superior one bedroom Ocean View (or comparable) Suite at the Four Seasons Hualalai (February 14 – 18, 2009); Fifty (50) minute massage for two (2) at location determined by CNBC in its sole discretion; Commercial coach-class air transportation for Winner and his/her Guest from the airport closest to the Winner’s residence (as determined by CNBC in its sole discretion) to Honolulu/Oahu International Airport, Hawaii; Commercial coach-class air transportation for Winner and his/her Guest from Honolulu/Oahu International Airport, Hawaii to Lanai Airport; Commercial coach air for two (2) from Lanai Airport to Kailua Kona Airport, Return commercial coach air fare for two (2) from Kailua Kona Airport to original departure city; Standard hotel accommodations (single room/double occupancy) for two (2) nights at a hotel near the game (as determined by CNBC in its sole discretion); and Round trip ground transportation for two (2) between the hotel and airport. Notwithstanding the foregoing Winner may elect, in lieu of staying at the Four Seasons Resort on the dates indicated above, to receive a certificate good for Five (5) days, Four (4) nights accommodations for two (2) (double occupancy) at such resort valid through December 31, 2009 in accordance with the terms specified therein, provided in the event of election neither air transportation to or from the resort, nor ground transportation between the resort and the airport, will be provided for a resort stay pursuant to such certificate. The Approximate Retail Value (“ARV”) of Prize is eight thousand three hundred thirty-eight dollars ($8338). ARV of Prize varies depending on the point of departure, point of arrival, fare fluctuation for the Trip, and dates of hotel stays. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined by CNBC in its sole discretion, or is unclaimed by the Winner, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the 2009 World Baseball Classic game, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by CNBC or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to take the Trip and/or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

WEEK 9:

PerryGolf British Open by Sea Golf Cruise Tour

A PerryGolf British Open Golf Cruise Tour for Winner and one (1) Guest scheduled to take place on July 11 - 20, 2009 or such other dates as CNBC may determine in its sole discretion. The Trip will include: Nine (9) days, Eight (8) nights (July 12 – 20, 2009), accommodations for two (2) (double occupancy) aboard the one hundred and five (105) guest MS Andrea in twin/double stateroom based on twin occupancy in”Category4” accommodations; All meals and use of available facilities on MS Andrea for eight (8) nights; Green fees and starting times for five (5) rounds of golf at different Scottish courses enroute, as determined by CNBC in its sole discretion, All transportation to/from designated golf courses; Two (2) general admission tickets for Winner and (1) Guest to attend final day of the British Open; Designated welcome and farewell cocktail parties; Services of PerryGolf Cruise Staff as determined by CNBC in its sole discretion, including golf bag handling; All shipboard gratuities; All golf staff gratuities; Port charges; Non-golfer sightseeing program; All local taxes and service charges at destinations; Commercial coach airfare for two (2) to Edinburgh, Scotland scheduled to depart on July 11, 2009 from an airport near the Winner’s residence (as determined by CNBC in its sole discretion); Return commercial coach airfare for two (2) from Glasgow, Scotland to Winner’s original departure city. The Approximate Retail Value (“ARV”) of Prize is twenty-one thousand dollars ($21,000). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other, unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined at CNBC’s discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Travel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline reservations are subject to availability. Airline tickets must be issued thirty (30) days prior to date of departure or thirty (30) days after reservation is made, whichever comes first. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and is not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. If Winner chooses to take the Trip with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

Week 10:

2009 Major League Baseball All Star Game

A Trip for Winner and one (1) Guest to see the 2009 Major League Baseball All Star Game in St. Louis, MO (scheduled to take place on July 11 – 15, 2009). The Trip will include: Two (2) tickets to the 2009 Major League Baseball All Star Game; All-Star events in St. Louis (All-Star Sunday scheduled to take place on July 12, 2009, All-Star FanFest only one (1) day admittance on any of the following days July 10-14, 2009, Home Run Derby July 13, 2009 and All-Star Game); Round-trip, commercial coach-class air transportation for Winner and his/her Guest from the airport closest to the Winner’s residence (as determined by CNBC in its sole discretion) to St. Louis, MO; Standard hotel accommodations (single room/double occupancy) for four (4) nights at a hotel near the game (as determined by CNBC in its sole discretion); and Round trip ground transportation for two (2) between the hotel and airport. The Approximate Retail Value (“ARV”) of Prize is five thousand dollars ($5,000). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from CNBC for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by CNBC in its sole discretion. CNBC reserves the right to substitute a Prize (or Prize element) of comparable or greater value for any reason at its sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and Prize may be awarded to a runner–up subject to verification of eligibility and compliance with the Rules. If a Prize element is not available for any reason, as determined by CNBC in its sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by CNBC in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by CNBC in its sole discretion. Winner’s Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the 2009 World Baseball Classic game, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by CNBC in its sole discretion. CNBC has the right it its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by CNBC or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. CNBC is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through CNBC. CNBC shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond CNBC’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. Date and/or time of Event is subject to change. Event is subject to cancellation. If Winner chooses to take the Trip and/or attend the Event with no Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of CNBC’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.

 

 

FXCM Prizes: The following FXCM Prizes will be awarded for each week of the Contest:

 

Mini-Account Prize: Within sixty (60) days after the end of each week of the Contest, FXCM will send an email notification to each potential Winner with instructions on how to apply. Shortly after such notification, an FXCM representative will contact each potential Winner in order to provide an application walk through. If the account application is approved by FXCM, each potential Winner’s account will be activated and a balance adjustment of $300 will be processed. Please note, applications are subject FXCM’s account approval process.

 

Power Course Prize: Within sixty (60) days after the end of each week of the Contest, FXCM will send an email notification to each potential Power Course Winner. Each potential Winner may thereafter claim his/her free 8 Day FX Power Course by visiting a dedicated link, www.fxcm.com/cnbc-course-winner.jsp, and completing and submitting the registration form in its entirety. Once the registration form is submitted, FXCM will verify and contact each potential Winner with the necessary login and password information to begin the course.

 

Terms & Conditions of FXCM Prizes: The Mini-Account Prizes are only available to direct FXCM accounts opened under the promotional code that will be sent to winners via email When completing FXCM Trading Agreement, potential Winners should enter promotion code next to the question: “Please indicate how you heard of us?” Prize winning accounts opened via a referring broker will not be eligible for the Mini-Account Prize. Existing FXCM account holders are eligible to enter or to win. Mini-Account Prize Winners are not eligible to amend their FXCM accounts with a referral disclosure. In order to redeem Mini-Account Prizes, each potential Winner must be approved as a client of FXCM. FXCM has no obligation to accept all winners of the Contest as clients, and client selection will be at the sole discretion of FXCM. Limit of one FXCM Prize per individual, not per Portfolio. FXCM Prizes are non-transferable. FXCM Prizes may not be combined with any other promotions from FXCM that are outside of the Contest. FXCM reserves the right to amend, waive or interpret any terms and conditions of the FXCM Prizes, in its sole discretion. All taxes related to the FXCM Prizes are the sole responsibility of the Winner(s). There is no substitution, transfer, refund or cash equivalent for the FXCM Prizes (or any component thereof). If Prize Winner is not able or willing, for any reason, to receive the Prize in accordance with the terms and conditions set forth in these Rules, the Prize will be forfeited and an alternate winner will be selected. If required by law, FXCM will furnish an IRS 1099 form to Winners for the ARV of Prize for the tax year in which Prize was won. Winner is solely responsible for all federal, state, and local taxes on Prize and FXCM shall have the right, but not the obligation, to make any deductions and withholdings that FXCM deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Prize Winner must accept all products and/or services as delivered in connection with the Prize, even if the Winner does not like or is otherwise not satisfied with those products or services. CNBC and FXCM are in no way responsible for providing any replacements, consultations, repairs or modifications if Winner is not satisfied with products and/or services, nor is FXCM or CNBC responsible for any damage to Winner’s property. CNBC and FXCM make no representations or warranties of any kind concerning the quality or performance of any portion of Prize. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize beyond those specified herein. If a Prize element is not available for any reason, the remaining elements of Prize shall constitute full satisfaction of CNBC’s and FXCM’s Prize obligation to the Winner, and no additional compensation will be awarded. All prize details are at the sole discretion of CNBC and FXCM.FXCM Prizes must be claimed by Winner no later than March 31, 2009 in accordance with the instructions detailed above or Prize will be forfeited.

 

Restrictions Applicable to all Prizes:

In order to accept a prize, the respective winner may be required to provide the Required Documentation and agree to and complete any Compliance Requests made by CNBC. No more than the stated number of prizes per these Rules will be awarded, except for the FXCM Prizes, the number of which may increase in the event of ties.

 

Each Winner is responsible for the payment of all taxes attributable to his/her respective Prize, as applicable. All other expenses and incidentals not specified herein are the sole responsibility of the Winner. No substitution, transfer, or cash equivalent will be awarded for any prize, except that CNBC may substitute a prize of comparable or greater value for any reason. Prize and prize notification will be shipped to a U.S. address only. Any depictions of prizes are for illustrative purposes only.

 

Prizes are not transferable or redeemable for cash. CNBC is not responsible for prize utility, quality or otherwise. In the event that all or part of any prize is unavailable for any reason, CNBC may substitute all or part of another prize of comparable value, to be determined by CNBC in its sole and absolute discretion.

 

17.                Contest Modification:

By entering the Contest, you agree not to make any claim, and to waive any right make a claim, based on any alleged ambiguity or error in these Rules, the selection of the Winners and/or the administration of the Contest itself, and agree to be bound by these Rules and by all decisions of CNBC, which are binding and final. Failure to comply with these Rules may result in disqualification from this Contest as determined by CNBC in its sole discretion. CNBC reserves the right, in its sole discretion, to modify, cancel, terminate or suspend the Contest and/or these Rules without advance notice for any reason including, without limitation, if (i) viruses, bugs, unauthorized human intervention, fraud, technical failure or other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest; or (ii) earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict (whether or not officially declared).

 

CNBC and its representatives reserve the right to make changes to the Site, any elements of this Contest, or the Rules at any time with or without notice. CNBC further reserves the right to terminate, postpone, suspend, amend or modify the Contest for any reason, in the sole discretion of CNBC.

 

18.                Ownership of Content:

The Contest and the Site, including the artwork, graphics, music and other components included therein (the “Content”), is protected by copyright and trademark laws and international copyright treaties, as well as other intellectual property laws and treaties. CNBC retains all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to the Content or otherwise residing within the Site.


19.                Participant Behavior:

CNBC reserves the right to disqualify any Participant who acts or is suspected of acting irresponsibly or inappropriately, or otherwise in violation of these Rules, in playing the Contest, as determined by CNBC, in its sole discretion. Although all trading in the Contest is fictional, Participants must engage in trading activity that fully complies with all federal and state securities laws (including, without limitation, insider trading), as if they were trading actual equities or currency pairs, as applicable. Participants agree not to trade or cause others to trade the actual equities (or options) of the companies included in their Contest portfolios, within five (5) trading days of the effective date of a trade of such Equity within the Contest. Participants must comply with all federal, state and local laws (including without limitation securities laws) in connection with their participation in the Contest. Use of any automated system (e.g., robots, scripts, automatic, macro, programmed or like methods) is prohibited. Any attempt (successful or unsuccessful) by any individual to register more than once, or to create more than five (5) Portfolios, in any manner, including without limitation by use of an automated system or by using multiple/different email addresses, home addresses, telephone numbers, identities or any other methods, as determined by CNBC in its sole discretion, may result in the disqualification of that individual, as determined by CNBC in its sole discretion. Entry materials/data that have been tampered with or altered are void. CNBC reserves the right to terminate Contest participation by, and to disqualify, any Participants suspected of cheating or attempted cheating, suspected of attempting to exploit the Contest or suspected of any other inappropriate behavior (including, without limitation, suspicion of market manipulation). All such action will be determined by CNBC in its sole discretion. The determination to disqualify any Participant may be made at any time during or after the Contest even if the Winner has been announced; in the event that such action occurs after a Prize has been awarded, CNBC may require the Participant to return the Prize. The decision of CNBC on all such matters shall be final and binding.

 

At various times during the Contest, one or more of the Participants may be given the opportunity to appear on-air on CNBC to discuss their strategy in playing the Contest. If any such Participant is a financial professional, he/she will be required to comply with CNBC’s Guidelines for Appearances by Financial Professionals, which will be provided to them prior to their appearance. These guidelines require financial professionals to disclose their own and their family’s Equity holdings in any security they discuss, as well as whether their firm owns one percent (1%) or more of the company’s stock. They also must disclose whether their firm has had a fee-generating relationship (investment banking or other) or whether it intends to seek such a relationship within the next three (3) months, with a company they are discussing on-air. The guidelines also require disclosure of the potential for other conflicts, such as board memberships, advisory committees or officer positions.

 

20.                Performance of Site:

Neither CNBC nor FXCM is liable for any delay or failure of the Site or the Contest to perform. There is no guarantee that Participants will be able to access the Site whenever and wherever they want. There may be extended periods of time when Participants cannot access the Site. Heavy Site activity may affect Participants’ access to the Site. No corrections or adjustments will be made for trades, attempted trades, or missed trades affected by the operation or downtime of the Site. The Contest will not recognize attempted trades that were not processed by the Site.

 

In the event that CNBC believes, in its sole discretion, that the Currency Trading portion of the Contest contains, has contained, or has a reasonable possibility of containing a defect, error, loophole, security breach, or any other occurrence or characteristic that could affect the integrity or fairness of the Contest, CNBC may terminate the Currency Trading portion of the Contest, invalidate all Currency Trading results, and base all Contest results solely on the Equity Trading portion of the Contest. Such termination by CNBC may be made prospectively or retroactively and be effective as of any date during the Contest.

 

21.                No Investment Advice:

You understand and agree that the Contest, CNBC and FXCM do not recommend any security, financial product or instrument, nor does any mention of a particular security on the Site constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You understand and agree that neither the Contest, CNBC nor FXCM provide tax, legal or investment advice. You understand and agree that the Contest, CNBC and FXCM do not offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You understand and agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. You understand and agree that any content posted on a message board accessed via the Site is not connected with CNBC and is only the opinion of the person posting such content.

 

22.                Governing Law:

All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any participant or CNBC in connection with these Rules, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Contest, these Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“the JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.

 

Disclaimer:

Winners assume all liability for any injury or damages caused or claimed to be caused by his or her participation in the Contest and/or the acceptance and/or use of any prize, and release CNBC and its parents, subsidiaries, affiliates, agents and assigns, vendors and advertising and promotional agencies and their respective officers, directors, and employees (collectively “Released Parties”), from any such liability. Released Parties assume(s) no responsibility for any injury or damage to Participant’s or to any other person’s computer relating to or resulting from this Contest. None of CNBC, Wall Street on Demand, or FXCM is responsible for telecommunications, network, electronic, technical or computer failures of any kind, for inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these Rules, for any human or electronic error, including but not limited to, the administration of this Contest, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late, damaged, or postage due. Entry constitutes permission (except where prohibited by law) to use winner's name, city, state, likeness and/or voice for purposes of advertising, promotion and publicity without additional compensation. Any attempt (successful or unsuccessful) by a Participant or any other individual to deliberately damage any online service or Web site or undermine the legitimate operation of the Contest or the Site is a violation of criminal and civil laws and should such an attempt be made, CNBC reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Participants agree to indemnify, defend and hold harmless CNBC and its parent companies, affiliates, employees, officers, directors, agents, prize providers, sponsors and vendors from and against any liabilities, actions, claims, demands, losses or damages (including without limitation attorneys’ fees) caused by or arising out of any material such Participant contributes to any message board accessed via the Site.

 

23.                General:

The Contest is for entertainment purposes only. Use of the Site is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of CNBC. Data provided on the Site may be delayed as specified by financial exchanges information providers. CNBC and its vendors furnish the information available on this Site without responsibility for accuracy and Participants agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action. CNBC and its vendors believe their data and text services to be reliable, but accuracy is not warranted or guaranteed.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CNBC AND ITS VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND TITLE AND NON-INFRINGEMENT. CNBC AND ITS VENDORS DO NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR THE CONTEST IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE.

 

IN NO EVENT SHALL CNBC, ITS PARENT ENTITIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, VENDORS OR AGENTS BE HELD LIABLE TO A PARTICIPANT OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR INDIRECT DAMAGES, HOWEVER CAUSED (INCLUDING NEGLIGENCE OR PERSONAL INJURY), OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY AND NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE OR THE CONTEST, ON ANY THEORY OF LIABILITY, WITHOUT LIMITATION, EVEN IF ANY SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CNBC’S AND ITS VENDORS’ AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF ANY KIND OF LEGAL CLAIM WITH RESPECT TO THIS AGREEMENT EXCEED THE AMOUNT A PARTICIPANT ACTUALLY PAID FOR THE USE OF THE SITE. EACH PARTICIPANT AGREES TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST CNBC OR ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VENDORS OR AGENTS TO ENFORCE THE TERMS HEREIN; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE CNBC OR ITS VENDORS FROM SEEKING ANY INJUNCTIVE RELIEF.

 

24.                List of Winners:

For a list of all prize winners, mail a self-addressed stamped envelope to NBC Skycastle, Suite 1585, 3000 West Alameda, Burbank, CA 91523. Such requests must be received by no later than sixty (60) days following the announcement by CNBC of all prize winners.

 


EXHIBIT A

CURRENCY TRADING RULES

 

Introduction

These Currency Trading Rules are incorporated by reference and made a part of the CNBC Portfolio Challenge Official Rules to which they are attached (the “Main Rules”). All capitalized terms used herein and not otherwise defined shall have the meanings attributed to them in the Main Rules. In the event of any conflict between these Currency Trading Rules and the Main Rules, the terms of the Main Rules shall govern.

As described in the Main Rules, the Currency Trading portion of the Contest provides each Portfolio with One Hundred Thousand (100,000) CNBC Bucks with which to trade currencies. The Currency Trading portion of the Contest is administered by Forex Capital Markets, Inc. (“FXCM”).

Participants can trade currencies in the Currency Account of their Portfolios, on a simulated real-time basis. All currencies are quoted in pairs (“Pairs” or “currency pairs”), in the standard practice of the currency trading industry. The following Pairs that are available to be traded in the Contest: EUR/USD, EUR/CAD, USD/JPY, GBP/USD, USD/CHF, EUR/CHF, AUD/USD, USD/CAD, NZD/USD, EUR/GBP, EUR/JPY, GBP/JPY, CHF/JPY, GBP/CHF, EUR/AUD, AUD/JPY, CAD/JPY, NZD/JPY, AUD/NZD, AUD/CAD. The first currency in a Pair is called the “base currency”. The second currency in a Pair is called the “counter currency”. For example, in the EUR/USD, the Euro is the base currency, and the US Dollar is the counter currency. In the USD/JPY, the US Dollar is the base currency, while the Japanese Yen is the counter currency.

Pricing of currency trades is determined on a real-time basis by FXCM based on a combination of prices provided by multiple global banks and financial institutions, which takes the best bid (sell) and ask (buy) price available, and marks it up by approximately one (1) “pip” (as defined in the Currency Trading Rules). Pricing is updated continuously, however the frequency at which the trading screen is automatically refreshed to see the real time rate is every twenty (20) seconds. You can refresh your trading screen manually at any time to see the real time rate. Furthermore, execution of all types of orders will occur at the real time rate. The price you receive for a particular currency trade may be higher or lower than the price indicated on the Site at the time you enter the trade, for various reasons including without limitation market volatility or volume. For purposes of this Contest, the price of each currency trade is the price determined by FXCM. The official time for all currency trades will be determined in accordance with FXCM’s internal clock, maintained at FXCM’s offices. The price you see for each Pair is the exchange rate for that Pair. The exchange rate refers to the amount of the counter (second) currency that can be exchanged for one unit of the base (first) currency. For example, if the EUR/USD is 1.5423, then 1.5423 US Dollars (so, $1 and 54.23 cents) can be exchanged for 1 Euro.

Currency Accounts trade with 10-to-1 leverage, which means that you only need to have 10,000 CNBC Bucks available in your Currency Account to trade 100,000 units. This amount is set aside as margin, and is explained further below. Please note that without proper risk management, a high degree of leverage can lead to large losses as well as gains. All trades are executed in standard lot sizes of 100,000 units of the base currency. The smallest order size is 1 lot of 100,000 units. All orders must be in increments of 100,000 units.

The hours of trading within your Currency Account are Sunday 5:15:00 PM to Friday 4:00:00 PM, except as indicated in the Main Rules.

Pricing of Trades

All currency prices are an approximation of market value at the time each trade is executed (delayed approximately 20 seconds). There is no guarantee that the price at which you buy or sell a Pair will match any other price that may be found outside of the Contest. The price you receive for a particular trade may be higher or lower than the price indicated on the Site at the time you enter the trade, for various reasons including without limitation market volatility or volume. All prices are final. Participants will not be permitted to dispute any price at which their trade is executed even if such price resulted from an error in pricing information.

What is a “pip”?

"Pip" is short-hand for "Point in Percentage". It represents 1% of the smallest denomination of the counter currency in a pair. For example, the smallest unit of a US Dollar is 1 cent. A pip is 1/100th of 1 cent. The same holds of most currency pairs. In the USD/CAD pair, a pip is 1/100th of a Canadian cent, since the Canadian Dollar is the counter currency, and the smallest unit of Canadian currency is 1 cent (which is 1/100th of a Canadian Dollar). There is no smaller unit than the Yen in Japanese currency, so for JPY pairs, a pip is 1/100th of 1 Yen.

A pip is typically found in the 4th decimal place for an exchange rate. For example, with a EUR/USD price of 1.54281, you would look at the “8”. If the Euro rose to 1.54291, it would have risen by 1 pip. One common exception is in currency pairs with the Japanese Yen. For Japanese Yen pairs, pips are counted in the 2nd decimal place by convention (1/100 th of 1 Yen). For example, with USD/JPY price of 101.1 2 5, you would look at the “2”. If the Japanese Yen to 101.1 3 5, it would have risen by 1 pip.

Rollover Interest

When you hold open positions at 4:00PM , you have technically held them overnight. When holding positions overnight, rollover interest is either added or subtracted from your Currency Account.

Every currency you buy or sell has a certain overnight interest rate associated with it. The interest amount varies based on the interest rate differential between the two currencies you are buying and selling, and fluctuates day to day with the movement of prices. These rollover rates or “swap rates” are based on money market rates. To see each trading day’s rollover rates, look at the Roll columns in the Dealing Rates Tab.

For example, on any given day, the rollover could be $11.00 per lot for GBP/USD and $3.30 per lot for EUR/USD. Rollover fees are shown in dollars per lot and are posted in the "Roll S” and “Roll B” columns of the Dealing Rates. For Participants that do not hold a currency position through 4:00PM, rollover will not affect their account.

At 4:00PM, funds are automatically subtracted from, or added to, Currency Accounts with open positions.

Note: For positions that are open on Wednesday at 4:00PM, the amount added to or subtracted from the respective Currency Account tends to be approximately three times the usual amount. This "3-Day" rollover accounts for settlement of trades through the weekend period. Extra days of roll interest may be added or removed on account of US or foreign holidays. Each currency pair has its own rollover schedule that may differ according to any holidays that occur in the countries of the currencies that are held. Each month a complete monthly rollover schedule is updated on www.DailyFX.com . A link to the current month’s rollover schedule is located towards the bottom of the trading section of www.DailyFX.com.

Menu Bar

The menu bar located at the top of the Currency Trading section of the Site contains five buttons used for initiating trades and running reports. The menu bar has the following five buttons:

Below the menu bar, there are 4 tabs: Overview, Dealing Rates, Orders, and Open Positions. The overview tab displays the following account information:

·                     (10:1 leverage), if you have $500,000 (5 lots) in open positions, you would have a $50,000 margin requirement. You will see this in the Used Margin Column. This amount will not change unless new positions are opened or existing positions are closed. The cash set aside in Used Margin is not expended nor will it “disappear” from the account. It is merely set aside to secure your open positions. It is freed up when you close an open position. Please note that without proper risk management, a high degree of leverage could lead to large losses as well as gains.

Margin Calls

The idea of margin trading is that your margin acts as a good faith deposit to secure the larger notional value of your position. Margin trading allows Participants to hold a position much larger than the actual Currency Account value. The Currency Trading portion of the Contest has margin management capabilities, which allow for this high leverage. Of course, trading on margin comes with risk, as such leverage may work against you as much as it works for you. If your Currency Account falls below margin requirements, it will trigger an order to close all open positions. When positions have been over-leveraged or trading losses are incurred to the point that insufficient Useable Margin exists to maintain current open positions, a margin call will result and open positions must be liquidated.

Please keep in mind that when a Currency Account’s Useable Margin reaches zero, all open positions are closed. The margin call process is entirely electronic and there is no discretion on FXCM’s part as to order in which trades are closed. There are no warnings or emails, and margin calls can occur anytime currency trading is open. Since the margin call closes all open positions, your Currency Account can never have a negative balance.

Example: A trader has $100,000 in a standard account and his margin requirement is 10% (i.e. leverage of 10:1). For each position he opens (each position = 1 lot = 1000,000 notional value), he is required to set aside $10,000 in used margin. If he opens two positions, his required margin is $20,000. The trader can lose up to $80,000 before he starts dipping into his margin requirement. When his account equity reaches $20,000, a margin call is triggered and all positions will be closed.

The margin requirements are generally $10,000 per lot for the Currency Trading portion of the contest. (Lot size of 100,000) It is strongly advised that clients maintain the appropriate amount of margin in their accounts at all times.

If your Usable Margin is getting low, you may want to close some of your trades. This will free up some Used Margin, which will increase your Usable Margin.

 

Summary Window

The summary window gives you an overview of your Currency Account’s overall exposure. It shows each currency pair in which your Currency Account currently has open trades, as well as the average entry price and current profit or loss in that pair.

Included in the Summary window from left to right is:

 

Dealing Rates

 

The dealing rates tab is located to the right of the Overview tab.

Buy and Sell

You can buy or sell any currency pair listed at any time, so long as you have sufficient margin. Each currency quote box contains both a buy (i.e., offer or ask) and a sell price (i.e., the bid). The spread is the difference between the buy and sell price, and this represents your total transaction cost.

When the rate for a currency pair rises, this means that the base currency is getting stronger (since it now takes more of the counter currency to get one of the base currency) and therefore the counter currency is getting weaker. When the rate for a currency pair falls, this means that the base currency is getting weaker (since it now takes less of the counter currency to get one of the base) and the counter currency is getting stronger.

If you are expecting the rate for a currency pair to rise, you would buy that pair, which gives you a long position. If you expect the rate to fall, you would sell that pair, establishing a short position.

Examples:

Buying

The EUR/USD is currently trading at 1.5424. If you expect the Euro to strengthen against the US Dollar, causing the rate for EUR/USD to rise, click the buy rate, and make a buy order.

Selling

The GBP/USD is currently trading at 2.0145. If you expect the British Pound to weaken against the US Dollar causing the rate for the GBP/USD to fall, click the sell rate and make a sell order.

High and Low

Also displayed in the currency quote box is the high and low prices since 5:00PM at the end of the day’s market session. The high shown is the highest Buy price reached since 5:00PM and the low is the lowest sell price reached since 5:00PM.

Roll S and Roll B

This shows your Roll rate for Buy and Sell positions.

This is the amount in dollars per lot that you will pay or receive, respectively, for positions that are open

 

AT 4:00PM on a trading day.

If there is a minus sign next to the number, the amount will be subtracted from your Cash Balance. If the

 

number is positive, the amount will be added to your Cash Balance.

Pip Cost

A “pip” is one of the most common ways that price movement, profits, and losses are counted in the currency trading market; much like “points” are used in the stock market. (See “What is a pip” above for more details). The Pip Cost gives you the pip value in US Dollars for each currency in real time. The approximate pip value is $10 per pip.

Example 1: Currency Pair Price/Lot Size: USD/CHF 1.3165 for a $100,000 unit (1 lot=100k) When the exchange rate moves from 1.3165 to 1.3166, the value of your $100,000 position has increased from 131,650 Francs to 131,660 Francs. Pip value= 10 Francs 1.3166=$7.60.

Example 2: For Japanese Yen Specific Pairs pip cost is calculated as follows: JPY is a two-decimal-place currency. Here is how to calculate the value of 1 pip. Currency Pair Price/Lot Size: USD/JPY 117.00 for a $100,000 unit (1 lot=100k) When the exchange rate moves from 117.00 to 117.01, the value of your $100,000 position has increased from 11,700,000 Yen to 11,701,000. Pip value=1000 Yen/117.01=$8.55.

Time

Every time an exchange rate changes, a time stamp is placed next to the currency pair. The time is recorded in Eastern US Time. The official time for all exchange rates will be determined in accordance with FXCM’s internal clock, maintained at FXCM’s offices.

How to Place Trades

Open a position at the current market rate:

The simplest way to buy or sell at the current market rate is by clicking on the Buy or Sell price in the dealing rates tab for the currency pair you wish to trade.

After clicking on the exchange rate for the currency pair, a “market order” screen will appear. In the market order screen you can:

·         Select a currency pair. This line will default to the currency pair highlighted in the Dealing Rates Window. You can select another currency pair from the drop down box.

·         Select sell or buy.

·         Select the amount you are buying or selling. Trades are made in increments of 100,000 of the base currency in a standard account. This field is in thousands (hence the (K) in the label). “100 represents 1 lot, or 100,000 units of the base currency. “200 is 2 lots, or 200,000.

·         Click the “OK” button after all the selections have been made to execute the trade. After “OK” has been selected the trade will appear in the “Open Positions” tab, which confirms that the order has been executed.

Another Way a Position can be opened:

Click on the “Sell” or “Buy” button in the menu bar located at the top of the Currency Trading section of the Site. A “market order” screen will appear, then repeat the steps above.

 

Closing a Position

 

To close an Open Position, left click directly on the “Close” price of the ticket you wish to close. This is found in the Open Positions tab.

 

This will bring up the “close position” screen which has two parameters you can set prior to sending the close order request.

 

• Select the ticket that you wish to close. This will default to the ticket you clicked on.

• Select the amount you wish to close. If you wish to close only a portion of your position, simply scroll down the list and select the amount you wish to close.

Click the “Ok” button after all the selections have been made to close the position. Once the position is closed it will disappear from the “Open Positions” window.

Other Ways You can Close an Open Position

Click on the Ticket Number for the position you want to close. On the next screen, click the “Close Position” button. This will bring up the “close position” screen.

 

Because positions in a currency pair are netted, you can also close an open Buy trade (long) by selling an equal or greater amount of the same currency pair. You can also close an open Sell trade (short) by buying an equal or greater amount of the same currency pair. For example, if you have bought 3 lots of EUR/USD, and then sell 3 lots of EUR/USD, your position will be closed. Another example: If you have bought 3 lots of USD/JPY, and then sell 2 lots of USD/JPY, you will be left with only 1 lot of USD/JPY in a Buy (long) position.

Placing an Entry Order

You can place an order at a price above or below the current market rate by using an Entry Order. These orders are only executed if the market rate reaches the rate specified in the order.

Where are my Limit Orders? - In certain equities trading (but not in the Equity Trading portion of the Contest), you can make limit orders to buy below the market or short above the market. You can also make stop orders buy above the market, or short below the market. When trading in your Currency Account, you can do all these things with an Entry Order.

Examples:

If the current market price in EUR/USD is 1.5483 and you wish to place an order to sell if the market moves to 1.5550, you would place an entry order.

If the current market price in EUR/USD is 1.5483 and you wish to place an order to buy if the market moves to 1.5550, you would also place an entry order.

To place an entry order, click on the “Entry” button at the top of the trading screen in the menu bar.

After clicking the “Entry” button, the “Create an Entry Order Box” will appear.

It is similar to the box used to create a market order. The difference is that you can choose the Rate. The Rate is the price you would like to buy or sell at in the future (if the market reaches that price).

Once the order is accepted, it will be listed in the “Orders” tab. It will remain there as a waiting order until the market moves to the rate specified in the order, or the order is cancelled. Once the trade is executed, the position will disappear from the “Orders” tab and reappear as an open position in the “Open Positions” tab.

Entry Orders must be placed at least 1 pip away from the current market price, and no more than 500 pips away from the current market price

Example: Minimum Entry Order Placement – 1 pip away from current market price

If the current market price in EUR/USD is 1.5483 and you wish to place an entry order to sell you must place the entry order at a price of 1.5484 or 1.5482(1 pip away from the current market price)

If the current market price in EUR/USD is 1.5483 and you wish to place an order to buy you must place the entry order at a price of 1.5484 or 1.5482(1 pip away from the current market price)

Example: Maximum Entry Order Placement – 500 pips away from current market price

If the current market price in EUR/USD is 1.5500 and you wish to place an entry order to sell you must place the entry order at a price of 1.5000 or 1.6000(500 pip away from the current market price)

If the current market price in EUR/USD is 1.5483 and you wish to place an order to buy you must place the entry order at a price of 1.5000 or 1.6000 (500 pip away from the current market price).

Changing an Entry Order

Once an entry order has been placed, the order rate can be changed by clicking on the order number. This will bring up the Create a Market Order screen again, where you can alter the parameters.

It is important to note that only the order rate can be changed for an existing entry order. If you wish to change the order size or currency specified in an entry order, you must cancel the existing order and enter a new one.

Canceling an Entry Order

To cancel an existing entry order, click on the order number, then select “remove order” . After selecting “remove order”, you will be asked to confirm that you wish to delete the selected order. Click “Yes” to cancel the order or “No” to make no changes to the order. Once the “Yes” button is clicked, the order will be deleted from the “Orders” window

and be officially removed.

 

Adding Stops and Limits to Open Positions

Stop and Limit Orders are orders which are tied to an open position or an Entry Order. Stop and Limit Order will automatically close a position when the market reaches a specified rate. Normally a Stop Order is used to automatically close an open position to prevent further losses, while a Limit Order is used to close an open position and take your profits.

If you open a position by buying a currency pair (being long), the stop order will always be placed below the current market price, and a limit order will always be placed above the current market price. If you open a position by selling (being short), the stop order will always be placed above the current market price and the limit order will always be placed below the current market price.

It is important to note that if you open a position by buying, you will need to sell to close. So, your position will be closed when the “sell” price reaches your stop or limit price. Conversely, if you opened a position by selling, then your position will be closed when the “buy” price reaches your stop or limit price.

Example:

You have a buy (long) position in EUR/USD which was opened at 1.5354 and the current market price is 1.5350. You wish to have this position automatically closed at a loss if the sell price reaches 1.5300 or automatically closed for a profit if the sell price reaches 1.5400. So, you set a stop order on your open position at the rate of 1.5300 and a limit order at the rate of 1.5400.

To place a stop or limit on an open position, first click on the Open Positions tab. In the open positions tab, click in the box under the “stop” or “limit” column.

After clicking on the box in the “stop” or “limit” column of the open positions window, the stop/limit box will appear. On the stop/limit box, there are three parameters which can be set.

 

 

Order Execution

Limit orders are often filled at the requested price. If the requested price of a stop order is reached over the weekend, the order will become a market order on the open. Limit Entry (LE) orders are filled the same way as limit orders. Stop Entry (SE) orders are filled the same way as stops.

Once a stop is triggered, it becomes an At Best market order, and there is no guarantee it will be filled at any particular given price. Therefore stop orders may incur slippage depending on market conditions.

Other Ways to add a Stop or Limit Order to an Open Position

Click on the Ticket Number located in the “Ticket” column in the Open Positions tab. Then click on the Stop/Limit button. This will bring you to the Stop/Limit window.

 

Change/Delete a Stop or Limit Order

To modify the rate for a specific stop or limit order, simply click on box in the stop or limit column (as outlined above) which will bring up the stop/order window and allow you to change the rate. Click “Change” to implement the new rate, as shown above.

If you wish to delete the order, simply click on the “delete” button in the stop/limit order window.

 

Adding Stops and Limits to Entry Orders

You can also add a stop or limit order to an entry order. Unlike stop or limit orders attached to open positions, stop and limit orders attached to entry orders only become active after the entry order executes and your entry order becomes an open position.

Example:

Let’s say the current market price in EUR/USD is 1.5400. You want to enter a long position if the market reaches 1.5450, so you place an Entry Order to Buy EUR/USD at 1.5450.

You then wish to place a stop order for this trade at 1.5415 and a limit order to take your profit if the market reaches 1.5500. To do this, you attach a stop order to your entry order at the rate of 1.5415 and a limit order at 1.5500. If the market does not reach 1.5450, your stop and limit orders will remain inactive. If the market reaches your entry order price of 1.5450, then the entry order will be executed, it will move to the Open Positions Window, and the stop order at 1.5415 and the limit order at 1.5500 will become active.

To add a stop or limit to an entry order, click on the stop or limit column of the “orders” window. Then you can set the Stop or Limit as you do for an Open Position.

Execution of Trades

It is each Participant’s responsibility to review the open positions section of the Currency Trading portion of the Site for each of his/her Portfolios and confirm that all submitted currency trades have been executed by the Site. There will be no retroactive adjustment or execution of any currency trades. The Contest will not recognize any attempted trades that have not been submitted through the normal internet browser environment of the Site and executed by the Site, and CNBC shall have the right, in its sole discretion, to disqualify any Participant who makes or attempts to make any such trades.

Delays in Trade Execution

A delay in trade execution may occur for various reasons, including without limitation technical issues with your internet connection to FXCM’s servers, and may result in “hanging” orders. Your computer may not be maintaining a constant connection with FXCM’s servers due to a lack of signal strength from your internet connection. A disturbance in the connection path may interrupt the signal, causing delays in, or preventing, transmission of data between the your computer and the FXCM server. FXCM and CNBC are not responsible for any delays in trade execution for your Currency Account and no retroactive adjustments to trades will be made.

Hanging Orders

During periods of high currency trading volume, “hanging orders” may occur. This is a condition where an order sits in the ‘orders’ window after it has been executed. The order will be highlighted in red, and the Status column will indicate ‘executed’ or ‘processing’. Generally, the order has been executed, but it is simply taking a few moments for it to be confirmed by the banks. During periods of heavy trading volume, it is possible that a queue of orders will form. Due to the increase in incoming orders, it may sometimes create conditions where there is a delay in processing a trade order. In these situations, the 'status' column in the 'orders' window will typically indicate ‘executed’ or ‘processing’. The trade will simply take a few moments to move to the 'open positions' window. The position may in fact have been executed, and the delay is simply due to heavy internet traffic.

Keep in mind that it is only necessary to enter any order once. Multiple entries for the same order may slow or lock your computer or inadvertently open unwanted positions.

Greyed Out Pricing

Greyed out pricing is a condition that occurs when liquidity decreases, and market makers that provide pricing to FXCM are not actively making a market in particular currency pairs. At times, a severe increase in the difference of the spread may occur due to a loss of connectivity with a bank or due to an announcement that has dramatic effect on the market that dries out liquidity. Such graying out of prices or increased spreads may result in margin calls on your account. When an order is placed on a currency pair affected by greyed out prices, the P/L will temporarily flash to zero until the pair has a tradable price and the system can calculate the P/L balance.

Inverted Spreads

Occasionally, if FXCM’s pricing feed becomes disrupted, spreads often become inverted. During these occasions, you should avoid placing At Best orders. While it may be tempting to place a “free trade,” keep in mind that you might not receive the indicated price and your actual trade may be many pips away from the displayed price. All Currency Account prices and trades processed by FXCM are deemed to be final.

Hours of Trading

Currency Trading will begin each week at 5:15:00PM on Sunday, other than Week One, which will begin at 9:30:01 AM on Monday and Week Ten, which will begin at 9:30:01AM on Tuesday. Each week will end at 4:00:00PM on Friday, other than Week Two, which will end at 1:00:00PM on Friday. There will be no trading on November 27 (Thanksgiving), December 25 (Christmas), January 1 (New Year’s Day), January 19 (Martin Luther King Jr. Day). These times may be changed by FXCM at any time, based on the availability of its pricing feed.

Prices Updating Before the Open

Shortly prior to the beginning of trading at the beginning of each week of the Contest, FXCM refreshes rates to reflect approximate current market pricing in preparation for the open.

Widening Spreads – Market Open

Please be aware that during the first few hours after the beginning of each week of the Contest, the market tends to be thinner than usual until the actual Tokyo and London market sessions begin. Such thinner markets may result in wider spreads, as there are fewer buyers and sellers. This is largely due to the fact that for the first few hours after the open, it is still the weekend in most of the world.

Weekend Risk

Traders who fear that the markets may be extremely volatile over the weekend, that gapping may occur, or that the potential for weekend risk is not appropriate for their trading style, should simply close out orders and positions ahead of the weekend.

Gapping

Sunday’s opening prices may or may not be the same as Friday’s closing prices. At times, the prices on the Sunday open are near where the prices were on the Friday close. At other times, there may be a significant difference between Friday’s close and Sunday’s open.

The market may gap if there is a significant news announcement or an economic event changing how the market views the value of a currency. Traders holding positions or orders over the weekend should be fully comfortable with the potential of the market to gap.

Technical Problems

A technical problem may occur when the the Currency Trading portion of the Site is not functioning or responding properly in relation to normal trading activity. Neither CNBC nor FXCM will be responsible for any trades affected during that time.