OFFICIAL RULES AGREEMENT
1. DESCRIPTION OF THE CONTEST:
  The Best of the U.S. Search for the Smartest of U.S. Contest (the "Contest") is designed to (1) identify those individuals who display the highest intelligence in the United States, (2) recognize those individuals of high intelligence in the United States, and (3) provide all individuals of the United States a means to test their knowledge and intelligence relative to others participating in the Contest
 
2. SPONSOR:
  The Contest is sponsored by The Best of the U.S. LLC (“Best of the U.S.â€?), a Delaware corporation with principal place of business at 4935 Cold Harbor Drive, Birmingham, AL USA.
 
3. BINDING AGREEMENT:
  In order to enter the Contest, you must agree to these Official Rules (“Rulesâ€?). Therefore, please read these Rules prior to entry to ensure you understand and agree. You agree that submission of an Entry in the Contest constitutes agreement to these Rules. You may not submit an Entry to the Contest and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and The Best of the U.S. with respect to the Contest.
 
4. ELIGIBILITY:
  The Contest is open to individual residents of the United States (except where prohibited by law), and who have agreed to these Rules. Employees, interns, contractors, and official office-holders of Best of the U.S., and members of their immediate families (defined as parents, children, siblings and spouse, regardless of where they reside, and/or those living in the same household of each) are ineligible to participate in the Contest. You must have access to the Internet.
 
5. CONTEST PERIOD:
  The Contest begins at 12:00:00 A.M. Central Time (CST) Zone in the United States on January 1, 2009 and ends at 11:59:59 P.M. CST on December 31, 2009 (“Contest Periodâ€?). You are responsible for determining the corresponding time zone in your respective locations.
 
6. ENTERING THE CONTEST:
a. Test: In order to enter the Contest, Participants must visit the Main Contest Webpage at www.SmartestofUS.com. From there, they must register, and take the 50 question 30 minute test. At registration you will be asked to enter a User Name and a password, thus opening your individual account. Your score ranking will be publicly listed on the Contest Ranking pages under your User Name. If Best of the U.S., in its sole and unfettered discretion, finds your User Name offencive, vulgar or profane your User Name will be deleted from all Contest Ranking pages. Once you have an account, you may make entry into the Contest by taking a test. Test Questions will be randomly selected from a database of questions. The Test Questions are divided into seven categories, Verbal, Mathematical, Spatial, Visualization, Classification, Logic, and Pattern Recognition. You will be given seven to eight questions from each of these categories. You will be presented with five questions at a time. Once you move forward to the next presentation of five questions, you will not be able to go back to the previous offerings.
 
b. SUBMITTING YOUR TEST: Once you finish your test, you submit an Entry by clicking on the Submit Test button. You may then, if you choose, select to be tested again, under the same registration. You may log into your account throughout the Contest Period and enter the contest as often as you wish.
 
c. TEST TIMING: Each Test has a time limit of 30 minutes. The time period begins when you enter the Test. If you enter the Test but do not submit an Entry for that Test within the allotted time period, the testing program will end the Test at the 30-minute limit, calculate and post your score in your account and the Leader Board, if appropriate.
 
d. Language: All Tests are in English.
 
7. JUDGING:
  Each Entry will stand alone and the score calculated by the program will stand as final. If it is determined that a question has an incorrect programmed answer, the previous scores will stand, and any changes will apply only to those tests after any corrections have been made. The decision of Best of the U.S. in this matter is final and binding.
 
8. MONTHLY CONTEST WINNERS:
  Each month the top entered scorer on the Test will be declared the monthly winner and qualifier for the Grand Prize Competition. The monthly qualifier who gets the second highest score will be named that month’s alternate.
 
9. PRIZES FOR GRAND PRIZE QUALIFIERS:
  The Grand Prize will be a 15-inch Mac Book.
Each month the highest month’s scorer will be named the monthly winner and may be awarded prizes donated by our advertisers and sponsors. These prizes will be detailed on the website. No contestant can be named the monthly winner and receive the monthly prize more then once per year. The twelve monthly winners or their alternate will be tested in January 2010 to compete for the Grand Prize. They will be given a 100-question test to be completed in one hour. The highest scorer will be named the Grand Prize Winner.
 
10. TAXES:
  PAYMENTS TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO Best of the U.S. ALL DOCUMENTATION REQUESTED BY Best of the U.S TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, LOCAL, AND US TAX REPORTING AND WITHHOLDING REQUIREMENTS. ALL PRIZES WILL BE NET OF ANY TAXES Best of U.S IS REQUIRED BY LAW TO WITHHOLD. ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit the tax documentation requested by Best of the U.S. or otherwise required by applicable law, to Best of the U.S. or the relevant tax authority, all as determined by applicable law. The potential winners are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and Best of the U.S may, in its sole discretion, select an alternative potential winner.
 
11. GENERAL CONDITIONS
  All federal, state, and local laws and regulations apply. Submission of an Entry in this Contest constitutes agreement by the Participant to the terms and conditions of these Rules. Decisions of Best of the U.S. are final and binding on all matters pertaining to this Contest. Return of any monthly qualifier or monthly winner notification may result in disqualification and selection of an alternate qualifier or winner. Any potential monthly qualifier, or monthly winner, who cannot be contacted by email within 15 days of attempted first notification, will forfeit his/her qualification. Monthly winners may be required to sign and return an Affidavit or Declaration of Eligibility, and Liability/Publicity Release within 30 days following the date of first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate winner. Best of the U.S. reserves the right to disqualify any Participant from the Contest if, in Best of the U.S.’s sole discretion, it reasonably believes that the Participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other Participants, or Best of the U.S.
 
12. INTELLECTUAL PROPERTY RIGHTS
  As a condition of entry, Participant grants Best of the U.S. a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, and publicly display any images, recordings, text and tests resulting from this Contest in connection with advertising and promotion via communication to the public or other groups, including, but not limited to, the right to make screenshots, animations, and video clips available for promotional purposes.
 
13. PRIVACY
  Participants agree that personal data including, but not limited to, name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used for the purposes of conducting and administering the Contest. Further, this data may also be used by Best of U.S. to verify a Participant's identity, postal address and telephone number in the event a Participant qualifies for any applicable prize as well as to deliver the applicable prize(s). Participants have the right to access, review, rectify or cancel any personal data held by Best of U.S in connection with the Contest by writing to Best of U.S. If a Participant does not provide the required data when requested, that Participant's Entries will be ineligible for any prizes.
 
14. WARRANTY AND INDEMNITY
  Participants warrant that their Entry was taken by them and only them with no assistance from anyone else or any out side sources.

To the maximum extent permitted by law, each Participant indemnifies and agrees to keep indemnified Best of the U.S. at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Participant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each Participant agrees to defend, indemnify, and hold harmless Best of the U.S., its affiliates and their respective directors, officers, employees, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising out of, or accruing from, (a) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by the Participant in connection with the Contest; (c) any non-compliance by the Participant with these Official Rules; and (d) claims brought by persons or entities other than the parties to these Official Rules arising from or related to the Participants involvement with the Contest. To the extent permitted by law, Participant agrees to hold Best of the U.S., its respective directors, officers, employees, and assigns harmless for any injury or damage caused or claimed to be caused by participation in the Context and/or use or acceptance of any prize, except to the extent that any death or personal injury is caused by the negligence of Best of the U.S.
 
15. ELIMINATION:
  Any false information provided within the context of the Contest by any Participant concerning identity, mailing address, telephone number, email address, ownership of right or non-compliance with these Official Rules or the like may result in the immediate elimination of the Participant from the Contest. Best of the U.S further reserves the right to disqualify any Entry that it believes, in its sole and unfettered discretion, infringes upon or violates the rights of any third party, otherwise does not comply with these Official Rules, or violates U.S. or applicable local law in Participant’s area of residence.
 
16. INTERNET:
  Best of the U.S. is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Best of the U.S. is not responsible for theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind. Best of the U.S. is not responsible for inaccurate transmissions of or failure to receive testing information by Best of the U.S. because of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, except to the extent that any death or personal injury is caused by the negligence of Best of the U.S. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Best of the U.S. reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Best of the U.S. further reserves the right to disqualify any Participant who tampers with the submission process or any other part of the Contest. Any attempt by a Participant to deliberately damage any web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Best of the U.S. reserves the right to seek damages from any such Participant to the fullest extent of the applicable law.
 
17. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:
  Under no circumstances shall the submission of an Entry into the Contest, the awarding of a prize, or anything in these Official Rules be construed as an offer or contract of employment with Best of the U.S. You acknowledge that you have submitted your Entry voluntarily and not in confidence or in trust. You acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between you and Best of the U.S .and that no such relationship is established by your submission of an Entry under these Rules.
 
18. FORUM AND RECOURSE TO JUDICIAL PROCEDURES:
  These Official Rules shall be governed by, subject to, and construed in accordance with the laws of the State of Alabama, United States of America, excluding all conflict of law rules. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with this Contest are hereby excluded, and all Participants expressly waive any and all such rights.
 
19. ARBITRATION:
  By entering the Contest, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Contest will be decided by binding arbitration. All disputes between you and Best of the U.S. of whatsoever kind or nature arising out of these Terms, shall be submitted for binding arbitration under its rules then in effect in the Birmingham, Alabama, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
 
20. WINNER'S LIST:
  Winners list will be available on www.SmartestofUS.com after April 1, 2010 or you may request a list of winners after April 1, 2010 by writing to:

Winners List
The Best of the U.S. LLC
4935 Cold Harbor Drive
Birmingham, AL 35223