BEAT the STREET from TheStreet.com


OFFICIAL RULES
2008 BEAT THE STREET STOCK GAME
OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

Please read these rules before entering the 2008 Beat The Street Stock Game (the "Contest"). By submitting an entry, and checking the "I have read and agree to the rules of the 2008 Beat The Street Stock Game" box on the registration page, you agree to be bound by these Official Rules and acknowledge that you satisfy all Contest eligibility requirements. The Contest will begin on April 4, 2008 at 5:01 pm Eastern Daylight Time ("EDT"), and will end at 4:59 pm EDT on June 25, 2008 ("Contest Period"). See Section 2 "GAME PERIODS" below for competition dates.

1. ELIGIBILITY: NO PURCHASE IS NECESSARY TO ENTER OR WIN. THE CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA WHO, AT THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OF AGE OR OLDER. Void in Puerto Rico, Guam, the U.S. Virgin Islands, any other U.S. territory or possession, and where prohibited by law. Employees, agents, officers, and directors of TheStreet.com, Inc. ("Sponsor"), Promotions.com LLC (collectively, together with Sponsor, the "Contest Entities"), their respective parents, affiliates, subsidiaries, franchisees, divisions, advertising, promotional, fulfillment, and marketing agencies; their immediate families (spouse, mother, father, step parents, in-laws, grandmother, grandfather, brother, sister, step brothers, step sisters, children, step children and grandchildren) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Contest. All applicable federal, state and local laws and regulations apply. Contest Entities can accept only those entries that are completed and submitted in the format designated below.

2. GAME PERIODS: There will be twelve (12) weekly game competitions (each, a "Game"). Each Game will begin each Monday at 10:00 am EDT and end the following Friday at 4:59 pm EDT during the Contest Period.

3. REGISTRATION: To register for any Game, during the Contest Period, go to http://beat.thestreet.com (the "Website") between 5:00 pm EDT on Friday and 9:29 am EDT on the following Monday, then, register for the Contest by following the directions provided to enter and submit the correct information on the registration form in all required fields and create a portfolio (the "Portfolio"). In order to be eligible to participate in any Game, registration must occur by 9:29 am EDT on the Monday of the week the participant wishes to play. LIMIT: one (1) Portfolio per person and per e-mail address per Game for the entire Contest Period. Multiple Portfolios by the same person or e-mail address for any given Game after the first Portfolio received from that person or e-mail address for that Game will result in disqualification of all Portfolios of that person or e-mail address. In the event of any dispute concerning who set up a Portfolio, the Portfolio will be deemed as having been set up by the authorized account holder of the e-mail address associated with the Portfolio. An "authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Evidence of transmission is not evidence of receipt by Sponsor. Promotions.com LLC's servers will be the official timekeepers for the Contest. Entries Portfolios that are forged, altered or not verifiable will not be accepted and will be void. Portfolios or trades generated by macros, bots, or other automated methods will be void.

4. HOW TO PLAY: The Contest is a stock portfolio management game that provides participants with a fictional account, two hundred fifty thousand ($250,000) fictional U.S. dollars ("Game Currency") (the fictional dollars have no cash or other value) and the fictional ability to select five (5) individual stocks from the NYSE, NASDAQ and/or AMEX exchanges (individual stocks traded on OTC and other exchanges do not qualify as valid portfolio selections) to create a Portfolio. Fictional dollars will be applied in equal amounts against the 5 individual stocks selected. Portfolio selections are based on the stock price from the opening of the applicable market each Monday at 9:30 am EDT. Participants will be able to search for ticker symbols at www.TheStreet.com via a link from the Portfolio creation page on the Website. Each participant will have the opportunity during each Game to change ONE (1) stock in his/her Portfolio from Tuesday at 5:00 pm EDT to Wednesday at 9:29 am EDT. Any updated stock calculations will be based on Wednesday opening market prices. Fictional dollars will not carry over from one Game to another. At the end of each Game, the participant with the largest Portfolio value, as determined by Sponsor, will be the potential winner for that Game, subject to verification of eligibility and compliance with these Official Rules. Stocks must, when selected, satisfy the following in order to be eligible to be selected for the Contest: (1) a stock share price greater than or equal to $3.00 (2) have an average daily volume minimum of 100,000 shares traded based on a three (3) month average and (3) have a market capitalization over $300 million (except with regard to ETF fund selections) and (4) halted stocks will not be eligible for inclusion in any player portfolio. The trading of derivatives, options, bonds, mutual funds or other securities is not permitted and all such trades will be void. The Contest Entities reserve the right to suspend, cancel or amend any trade not specified in these Official Rules due to unusual trading situations, computer system errors or other causes which, in the sole opinion of the Contest Entities, corrupt or impair the administration, security, fairness or proper play of the Contest, or trades deemed by the Contest Entities to be unsportsmanlike or disruptive, or made with the intent to defraud or tamper with the security, integrity, administration or proper play of the Contest.

5. TRADE INFORMATION: The official time for the Contest (including all trades) will be determined in accordance with Promotions.com LLC's internal clock, maintained on Promotions.com LLC's servers. All pricing information for stocks is received from IDC, an independent data provider and the Contest Entities are not responsible for the accuracy of such data. All quotes are in local exchange time. All prices are an approximation of market value (from IDC feed) at the time of each calculation period (Monday Open, Wednesday Open and Friday Close). There is no guarantee that the price at which a participant buys or sells a stock will match any other price that may be found outside of the Contest. All prices and the decisions of the Contest Entities associated therewith are final. Participants will not be permitted to dispute any price at which their Portfolio is calculated.

6. SPECIAL CIRCUMSTANCES: The Contest Entities will process stock splits, mergers and acquisitions, de-listings and ticker symbol changes. These special circumstances will be processed after the close of the markets on the date they occur. 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, and before 9:55 a.m. the following trading day. If trading on a stock is suspended including a merger or acquisition, the stock will remain in the participant's Portfolio and will be valued based on the last price received from the Contest's data feed. If a company is de-listed from its exchange, the stock will remain in the participant's Portfolio and will be valued based on the last price received from the Contest's data feed. Stock suspended from trading may still be sold from the participant's Portfolio in accordance with these Official Rules. All ticker symbol changes will be reflected on the Website within approximately one (1) business day. In the event that a participant's account does not reflect one of these special circumstances, the participant must email the Website's support department at the email address available on the Website no later than 11:59:59 p.m. on the date of such special circumstance, with the stock symbol, type of corporate action and effective date. Adjustments will be determined by the Contest Entities, in their sole discretion. Portfolios executed with funds incorrectly deposited due to special circumstance issues or Website mistakes will be removed from the participant's account, at Contest Entities' sole discretion. The Contest Entities reserve the right to suspend, cancel or amend any trade or take any other action deemed necessary to cause the Website to properly adjust to a special circumstance.

7. DIVIDENDS: Dividends, whether stock or cash, will be processed and reflected in the Contest. Long-position dividends will be added to the cash portion of participants' Portfolios, and short-position dividends will be removed from the cash position of participants' Portfolios at the end of the applicable Game.

8. STRATEGY INQUIRIES: Contest Entities reserve the right to contact participants, during the Game, to inquire about the individual participants' game strategies, trading methods and techniques and participants must provide such information to the Contest Entities, however, the participant may request that the Contest Entities keep such information private. Any participant refusing to supply the requested information or who fails to respond to the Contest Entities in a timely manner will be disqualified.

9. PRIZES: Twelve (12) Weekly Prizes (one (1) for each Game): $5,000 (awarded as a check). The Total Approximate Retail Value of all prizes is $60,000. Winners will be required to fill out a 1099 Misc. Tax Form for the actual value of prize. Prizes are not transferable or substitutable. All prize details are at Contest Entities' sole discretion.

10. DETERMINING THE WINNER: One (1) potential winner for each weekly Game will be determined by selecting the participant with the highest Portfolio dollar value, subject to any adjustments the Contest Entities deem necessary under these Official Rules. Should there be a tie; the $5,000 will be split equally among the tied participants.

11. NOTIFICATION: All potential winners will be notified by e-mail, mail or telephone (in Contest Entities' sole discretion) within ten (10) days of the end date of each Game. Receipt of an email or phone call does not qualify any participant as a "winner." The potential winners, upon notification, must complete and return an Affidavit of Eligibility/Compliance & Publicity/Liability Release (except where prohibited by law). These forms must be completed, signed, notarized and returned to Promotions.com LLC within seven (7) days of date of issuance. Once the information on the forms is verified, the potential winners then, and only then, become "winners". If a potential winner cannot be contacted; is ineligible; fails to return the completed and executed Affidavit, Releases or other documents within the specified time period; fails to claim prize within the time frame specified by the Contest Entities; if the prize notification is returned as undeliverable; or if potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit prize, and, at Contest Entities' sole discretion, prize may be awarded to a runner-up in accordance with the judging procedure described above.

12. GENERAL RELEASE: By entering the Contest, each participant agrees to release, hold harmless, and indemnify the Contest Entities, and their directors, officers, employees, representatives and agencies (collectively, the "Released Parties") from any liability, claims, costs, injuries, losses, or damages of any kind arising directly or indirectly, in whole or in part, out of or in connection with the Contest or with the acceptance, possession, use, misuse, or awarding of any prize or Contest-related activity (including, without limitation, claims, costs, injuries and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light). 13. CONDUCT: By participating in this Contest, or accepting any prize, participants agree to be bound by these Official Rules and the decisions of the Contest Entities, which shall be final and binding in all respects. The Official Rules will be posted on the Website throughout the Contest Period. The Contest Entities reserve the right at their sole discretion to disqualify any individual suspected to be tampering with the participation process or the operation of the Contest or the Website; or to be acting in any manner deemed by the Contest Entities to be in violation of these Official Rules; or to be acting in any manner deemed by the Contest Entities to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person or after any Game has concluded if the Contest Entities, in their sole discretion, determine that the integrity of the Contest was materially compromised as a result of an individual's conduct and all associated Portfolios will be void. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Should any portion of the Contest be, in Contest Entities' sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Contest Entities, corrupt or impair the administration, security, fairness or proper play, or submission of Portfolios or the proper conduct of any Game, Contest Entities reserve the right at their sole discretion to suspend, modify or terminate the Contest (or portion thereof) and, if terminated, at its discretion, determine the potential winner(s) for the Game at issue from all eligible, non-suspect trades made prior to action taken for that Game using the criteria set forth in these Official Rules.

14. LIMITATION OF LIABILITIES: The Released Parties are not responsible and/or liable for any of the following, whether caused by the Released Parties, the participant, or by human, network, computer or technical error: any lost, late, incomplete, mutilated, garbled, stolen or misdirected trades or registrations; any error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; interrupted or unavailable cable Internet Service Provider (ISP) or satellite systems; printing or typographical errors in these Official Rules, in any Contest-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are also not responsible for any other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of trades, the tabulation of Portfolios, the announcement of the prizes or in any Contest-related materials.

15. USE OF PARTICIPANT(S) INFORMATION: Entry into the Contest constitutes permission by participant for Contest Entities and their designees to use the participant's name, likeness, strategy and performance information and city and state of residence, for advertising, promotional, and marketing purposes, including on the internet, by Sponsor and its promotional partners and third party marketing entities, in any media now known or hereafter devised, worldwide in perpetuity, without further notice, permission, review or compensation, except where prohibited by law.

16. TAX INFORMATION: Winners shall bear sole and full responsibility for the timely payment of any and all applicable federal, state, local and other taxes and all other costs and expenses associated with prize acceptance and use not specified herein as being provided.

17. GENERAL INFORMATION: Except where expressly prohibited by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the respective rights and obligations of the participants and the Contest Entities in connection with the Contest, shall be governed exclusively by, and construed exclusively in accordance with, (a) the laws of New York (without giving effect to any choice of law or conflict of law rules (whether of the New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the New York) and (b) the federal laws of the United States of America.

18. WINNERS' LIST AND OFFICIAL RULES: To obtain a copy of these Official Rules or the names of the winners, send a self-addressed, stamped envelope to: Attn: 2008 Beat the Street Game (Please specify: "Winners' List" or "Official Rules"), P.O. Box 329, Elmhurst, IL 60631. Requests must be received by June 27, 2008. Residents of Vermont may omit return postage on rules requests.

19. SPONSOR: TheStreet, Inc. 14 Wall Street, 15th Floor, New York, NY 10005.

20. ADMINISTRATOR: Promotions.com LLC, 29 W 38th Street, New York, NY 10018.

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