This is ridiculous... You're saying that people who gain rating points after registering for a tournament should be thrown out?! Tell that to USCF the next time you go to a tournament and the winner of the u1800 section is 1900 in the reports but 1750 in their published monthly rating supplement. It's perfectly normal and acceptable for people's ratings to move around, and the reason that the staff just says sorry and does nothing is because there's no mistake to be fixed.
Not from around here are you pardner?
See post #3 by staff member dajacca http://www.chess.com/forum/view/help-support/higher-rated-players-are-included-in-chesscom-tournament
"This was an error in sorting which didn't put the players in the correct ratings brackets. Almost all the initial groups of the tournaments have these mispairings, but there isn't anything that can be done at about it now. Sorry :("
I am part of the following tournament: 11th Chess.com Thematic Tournament - Blackmar Diemer Gambit (1201-1400) As you know, it was allowed to start with over 1400s in it. Please fix it! I have been told that this is not possible. That is not true. There are many ways it could be fixed, for example by removing at the end of round 1 all players who were inelligible, or by giving all inelligible players a -6 point handicap (ensuring they will not progress). This is my first tournament and I am really upset and annoyed, not that the mistake has happened, but that staff seem to just say sorry, shrug their shoulders and do nothing. When you make a mess you fix it, you don't just do nothing about the mess.