Citizen Effect's Brackets with Benefits

2011 Citizen Effect’s Brackets with Benefits Terms of Use & Rules 
Effective Date March 1, 2011 

Citizen Effect, Inc. ("Citizen Effect") provides the 2011 Citizen Effect’s Brackets with Benefits pool (the "Brackets with Benefits pool") to you ("you" or "your"), subject to the following 2011 Citizen Effect’s Brackets with Benefits Terms of Use ("BwBTOU") which may be updated by Citizen Effect from time to time without notice to you. It is important for you to refer to this BwBTOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this BwBTOU. You can review the most current version of this BwBTOU at any time at: http://citizeneffect.org/p/bwb-rules. Your use of and/or entry into the 2011 Brackets with Benefits pool constitutes your acceptance of this BwBTOU. 

1. Definitions.

• "Citizen Effect Web Site" means the CitizenEffect.org Web site located at the domain "citizeneffect.org" or other domain as determined in the sole and exclusive discretion of Citizen Effect.
• "Citizen Effect Content" shall mean any and all proprietary images, technology, applications, artwork, copy, information, trademarks, service marks, data, or knowledge or other materials made available to you as part of the 2011 Brackets with Benefits pool.
• "Participant" means a person who has successfully made the required $10 donation on Citizen Effect and completed the registration form and has obtained a User Identification ("ID") and associated password ("Password") on one of the Citizen Effect network of Websites or one of its Partners’ websites, which currently include the following: citizeneffect.org and causes.org. Anyone who registers but does not donate $10 is not a Participant. Participants are also referred to as “Players.”
• “Bracket” means the participants choice of teams for each of the 63 games during the 2011 NCAA Men’s College Basketball Tournament. These choices must be made on Citizen Effect’s Brackets with Benefits TourneyTopia.com platform.

2. Term, Termination and Survival. 

This BWBTOU is effective as of the Effective Date (above) and shall remain in full force and effect for the period the 2011 Brackets with Benefits pool is available on the CitizenEffect.org Web Site, unless earlier terminated as provided herein (the "Term"). Sections 7 through 12 of this BWBTOU and other provisions which are set to survive the Term herein shall survive the termination of this BWBTOU. 

3. Eligibility: 

In order to participate in the 2011 Brackets with Benefits pool, you must be Participant that is a resident of the United States who is  eighteen (18) years of age or older at the time of registration for the 2011 Brackets with Benefits pool.  Employees of Citizen Effect and members of their household are ineligible to participate.

4. RULES.

·      Every Participant must make a $10 donation to Citizen Effect in order to qualify.

·      Participants can pre-register for 2011 up until March 13^th 7PM.

·      Official registration begins March 13^th at 7PM, or soon thereafter when TourneyTopia releases the bracket.

·      Every Participant must complete their bracket on Citizen Effect’s TourneyTopia page before 12:30PM on March ___to qualify.

·      All $10 donations will be used for a charitable purpose.

·      Citizen Effect will determine the top scores of 2011 Brackets with Benefits using the scoring system posted on TourneyTopia.com athttp://www.tourneytopia.com/Hoops/bwb/Pool/Scoring.aspx.  Citizen Effect’s judgments, in its sole discretion, are final and binding.

·      The one (1) Participant with the top score on 2011 Brackets with Benefits as determined by Citizen Effect will also have the right to donate all of the donations by Participants for 2011 Brackets with Benefits, excluding contributions received for sponsorship, to a project listed onwww.CitizenEffect.org or donate the money to Citizen Effect, Inc., which itself is a 501c3 nonprofit.

·      The sixteen (16) Participants with the top sixteen scores on 2011 Brackets with Benefits as determined by Citizen Effect will receive a TOMS Shoes Gift pack consisting of a gift card of an approximate retail value (ARV) of $50.

·      The four (4) Participants with the top four scores on 2011 Brackets with Benefits as determined by TourneyTopia.com will receive a FlipVideo Camera with an ARV of $150. The four (4) Participants with the top four scores also receive the TOMS Shoes Gift Pack.

·      The one (1) Participant with the top score on 2011 Brackets with Benefits as determined by TourneyTopia.com will receive an iPad with an ARV of $829. The one (1) Participant with the top score also receives a Flip Video Camera and TOMS Shoes Gift Pack.

·      Total value of prizes to be awarded is approximately $2,229.00

·      In the case of a tie, the TourneyTopia.com tiebreakers will be used to determine winners. If all tiebreakers are exhausted, Citizen Effect will break the tie through a trivia contest. Citizen Effect will call each Participant with ten (10) trivia questions. The Participant to answer the most questions correctly will be declared the winner. The contest will be repeated until there is one (1) winner.

·      Citizen Effect reserves the right to substitute a prize of equal or higher value.

·      All the gifts will be distributed to the Participants within 180 days of the end of the 2011 NCAA Men’s Basketball Tournament via the United States Postal Service. All winners must sign an affidavit of eligibility and a publicity and liability release.

·      The Participant with the top score that will choose the Citizen Effect project from www.CitizenEffect.org will be contacted by Citizen Effect within 30- days of the end of the 2011 NCAA Men’s Basketball Tournament and has 90 days from the end of the end of the 2011 NCAA Men’s Basketball Tournament to make a decision on which project to allocate all of the donations. If the Participant does not choose within the 90 days, Citizen Effect will allocate the funds to a charitable project on their behalf.

·      Citizen Effect and 2011 Brackets with Benefits can be reached at: Citizen Effect, Attn: Brackets with Benefits, 2452 18^th Street NW, Washington, DC 20009, or via email at info@citizeneffect.org.

5. 2011 Brackets with Benefits pool.

• Sign Up for the 2011 Brackets with Benefits pool. Registered Users may sign up for the 2011 Brackets with Benefits pool by following the instructions on the 2011 Brackets with Benefits pool registration pages on the CitizenEffect.org Web Site.
• No Internet Connection Equipment Provided. Citizen Effect shall not be obligated to, and you acknowledge that Citizen Effect will not, provide any bandwidth, modem, computer, or any other equipment, system or connectivity for you to connect to the Internet. You shall be solely responsible for all modems, computers, operating systems connection devices and bandwidth necessary for connecting to the Internet through which you can access the 2011 Brackets with Benefits pool and the Brackets with Benefits Content.
• Revision of the 2011 Brackets with Benefits pool. Citizen Effect may modify, suspend or discontinue any aspect of the 2011 Brackets with Benefits pool at any time, including, without limitation, the availability of any Brackets with Benefits Content. Citizen Effect may also impose limits on certain features and services or restrict your access to parts or all of the 2011 Brackets with Benefits pool and/or the Brackets with Benefits Content without notice or liability of any kind.
• No Resale of the 2011 Brackets with Benefits pool. You agree that this BWBTOU is personal to you and that you may not resell, lease, license, assign, redistribute or otherwise transfer any portion of the 2011 Brackets with Benefits pool, including, without limitation, the Brackets with Benefits Content.
• No Accuracy of Brackets with Benefits Content. The Brackets with Benefits Content contains information, advice, text and materials that are provided for your convenience and enjoyment. Third parties provide some of the Brackets with Benefits Content. You should be aware that the Brackets with Benefits Content might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Brackets with Benefits Content may be subject to terms and conditions which may be found in the documents and policies of third parties. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Brackets with Benefits Content and will not be liable for any lack of the foregoing.
• No Warranty of Lawfulness of the 2011 Brackets with Benefits pool. Citizen Effect does not represent or warrant that every action you take with regard to your account and related activities in connection with the 2011 Brackets with Benefits pool, including, without limitation, the CBS Sports Content, will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the 2011 Brackets with Benefits pool, including, without limitation, the Brackets with Benefits Content.
• Charitable Purposes Only. The 2011 Brackets with Benefits pool is a fundraising effort pursued for charitable purposes only, and may not be used in connection with any form of gambling or wagering.  Citizen Effect is a non-profit corporation that has a 501(c)(3) federal exemption. All donations to Citizen Effect during the course of the Brackets with Benefits pool will be used by Citizen Effect for its a charitable purpose.  No donations to Citizen Effect will be used for private inurement.  Participants in the 2011 Brackets with Benefits pool are urged to consult their tax advisors with any questions regarding the deductibility of their donations.
• Collection of Personal Information. All personally identifiable information disclosed by Registered Users in connection with the 2011 Brackets with Benefits pool is subject to the Citizen Effect privacy policy, which can be found at: http://citizeneffect.org/p/privacy-policy.
• Statistics Corrections. Citizen Effect has chosen TournyTopia.com as the technology for the Brackets with Benefits pool. All of TourneyTopia.com’s rules and terms of use apply to every pool completed by a Participant. User.
• Suspension and/or Termination of Your 2011 Brackets with Benefits pool Account. Citizen Effect expressly reserves the right to immediately modify, suspend or terminate your 2011 Brackets with Benefits pool account without refund and refuse current or future use of the 2011 Brackets with Benefits pool, if Citizen Effect, in its sole and exclusive discretion believes that you have acted inconsistently with the spirit or letter of this BWBTOU or the Citizen Effect Terms of use, which can be found here: http://citizeneffect.org/p/terms-of-use.
• Suspension and/or Termination of the 2011 Brackets with Benefits pool. The 2011 Brackets with Benefits pool and its related benefits are offered at the discretion of Citizen Effect and Citizen Effect has the right to modify or discontinue, temporarily or permanently, the 2011 Brackets with Benefits pool, in whole or in part for any reason, with or without notice to you. You agree that Citizen Effect will not be liable to you or to any third party for any modifications or discontinuance of the 2011 Brackets with Benefits pool.

6. License and Proprietary Rights. 

• 2011 Brackets with Benefits Pool License. During the Term, Citizen Effect hereby grants to you, and you hereby accept, a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license, to view and use the 2011 Brackets with Benefits pool, including the Citizen Effect Content (where applicable, in executable, object code form only). Nothing herein shall be interpreted to mean, and Citizen Effect does not grant you any right or license in any Citizen Effect materials or other proprietary images, trademarks, artwork, copy, information, data, knowledge, computer software or any other material or information of any kind.
• No Sublicense. Nothing herein shall be interpreted to mean, and Citizen Effect does not grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the 2011 Brackets with Benefits pool, including, without limitation, the Citizen Effect Content.
• Copyright Notices. The 2011 Brackets with Benefits pool, including without limitation, the Citizen Effect Content, are protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws, and are owned or controlled by Citizen Effect. You will abide by any and all additional copyright notices, information, or restrictions contained in the 2011 Brackets with Benefits pool, including, without limitation, the Citizen Effect Content or as Citizen Effect otherwise may impose from time to time.
• No Derivative Works. You represent, warrant and covenant that you shall not reverse engineer, decompile, translate, modify, or develop derivative works based on, the 2011 Brackets with Benefits pool, including, without limitation, the Citizen Effect Content.
• No Contest of Rights. You acknowledge and agree that both during and after the Term, you shall not directly or indirectly contest or aid in contesting the validity or ownership of the 2011 Brackets with Benefits pool, including without limitation, the Citizen Effect Content or take any action whatsoever in derogation of Citizen Effect's rights therein or in breach of any terms and conditions contained in this BWBTOU.
• Reservation of Rights. Any and all rights to use the 2011 Brackets with Benefits pool, including, without limitation, any Citizen Effect Content not expressly granted to you under this BWBTOU are hereby reserved for Citizen Effect. Nothing contained in this BWBTOU shall affect, impair, or limit in any way Citizen Effect‘s rights to exploit fully the 2011 Brackets with Benefits pool, including, without limitation, any Citizen Effect Content.
• Proprietary Rights. You acknowledge and agree that Citizen Effect owns and shall retain all rights, title and interest in and to the 2011 Brackets with Benefits pool, including, without limitation, the Citizen Effect Content, including, without limitation, all copies thereof and all rights to patents, copyrights, trademarks, service marks, trade secrets and other intellectual property rights inherent therein and appurtenant thereto.
• No License to Citizen Effect Trademarks. Nothing herein shall be interpreted to mean, and Citizen Effect does not grant you any right or license in any Citizen Effect trademark, trade name, service mark, insignia, slogan, name, emblem, logo, symbol, design and/or other identifying characteristics owned by or associated with Citizen Effect, its parent, subsidiaries or affiliates, in any manner whatsoever.

7. Representations and Warranties. 

• You represent, warrant and covenant that You will not upload, post, transmit, distribute or otherwise publish through the 2011 Brackets with Benefits pool any materials which: (a) Restrict or inhibit any other user from using and enjoying the 2011 Brackets with Benefits pool; (b) Are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (c) Constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (d) Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (e) Contain a virus or other harmful or potentially harmful component; (f) Contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (g) Constitute or contain false or misleading indications of origin or statements of fact. 
• You represent, warrant and covenant that you will comply with the Citizen Effect Terms of Use, in connection with your use of the 2011 Brackets with Benefits pool (Citizen Effect terms of use: http://citizeneffect.org/p/terms-of-use)

8. Disclaimer of Warranties. 

THE 2011 BRACKETS WITH BENEFITS POOL, INCLUDING, WITHOUT LIMITATION, ALL CITIZEN EFFECT CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE CITIZEN EFFECT SERVICE, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CITIZEN EFFECT AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE 2011 BRACKETS WITH BENEFITS POOL; (B) THE CITIZEN EFFECT CONTENT MADE AVAILABLE TO YOU THROUGH THE 2011 BRACKETS WITH BENEFITS POOL; (C) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE 2011 BRACKETS WITH BENEFITS POOL; (D) THE ABILITY OF THE 2011 BRACKETS WITH BENEFITS POOL TO WORK WITH ANY PARTICULAR CLIENT APPLICATION; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE 2011 BRACKETS WITH BENEFITS POOL. CITIZEN EFFECT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE 2011 BRACKETS WITH BENEFITS POOL OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE 2011 BRACKETS WITH BENEFITS POOL OR THE SERVERS THAT MAKE THE 2011 BRACKETS WITH BENEFITS POOL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

CITIZEN EFFECT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE 2011 BRACKETS WITH BENEFITS POOL IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE 2011 BRACKETS WITH BENEFITS POOL, INCLUDING, WITHOUT LIMITATION, THE CITIZEN EFFECT CONTENT, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE 2011 BRACKETS WITH BENEFITS POOL, INCLUDING, WITHOUT LIMITATION, THE CITIZEN EFFECT CONTENT. FURTHER, CITIZEN EFFECT AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. CITIZEN EFFECT AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE 2011 BRACKETS WITH BENEFITS POOL INCLUDING, WITHOUT LIMITATION, THE CITIZEN EFFECT CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS BWBTOU. 

9. Limitation of Liability. 

UNDER NO CIRCUMSTANCES SHALL CITIZEN EFFECT AND ITS SUBSIDIARIES, AFFILIATES AND SPONSORS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE 2011 BRACKETS WITH BENEFITS POOL, EVEN IF FORESEEABLE OR CITIZEN EFFECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CITIZEN EFFECT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. 

10. Indemnity & Release. 

You agree to defend, indemnify and hold harmless Citizen Effect and its subsidiaries, affiliates and sponsors with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this BWBTOU, including, without limitation, your use of the 2011 Brackets with Benefits pool, including, without limitation, the Citizen Effect Content. Notwithstanding the foregoing, Citizen Effect retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Citizen Effect herein under the terms and provisions of this Section 9 and in no event shall you settle any such claim without Citizen Effect’s prior written approval.  All Participants as a condition of entry into the 2011 Brackets with Benefits pool agree to release Citizen Effect, its subsidiaries, affiliates and sponsors from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property (including, but not limited to liability for death or personal injury) which may be sustained in connection with accessing the 2011 Brackets with Benefits pool Web site, submitting an entry or otherwise participating in any aspect of the 2011 Brackets with Benefits pool, the receipt, ownership, use or misuse of any prize awarded, or while preparing for, participating in or traveling to or from any prize-related activity, or any typographical or other error in these BWBTOU or the announcement of offering of any prize.  Citizen Effect makes no representations or warranties of any kind concerning the appearance, safety or performance of any prize.

11. Governing Law and Jurisdiction. 

THIS BWBTOU AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE DISTRICT OF COLUMBIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters subject to this BWBTOU the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the District of Columbia and federal courts located in the City of Washington, DC, and District of Columbia. The parties agree not to raise the defense of forum non conveniens. 

12. Miscellaneous. 
Captions contained in this BWBTOU are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this BWBTOU or the intent of any provision of this BWBTOU. It is the intent of the Parties that neither this BWBTOU, nor any covenant in this BWBTOU, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this BWBTOU. If any provision of this BWBTOU shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this BWBTOU. 

13. Report Violations. 

If you witness any user activity in the 2011 Brackets with Benefits pool that violates this BWBTOU, please notify us of the activity via email to info@citizeneffect.org . Citizen Effect cannot guarantee that any action will be taken as a result of your e-mail, but we appreciate your help in making the 2011 Brackets with Benefits pool an enjoyable experience for everyone.