MACATAWA BANK SPRING 2013 "EMERGENCY FUND GRANT ESSAY CONTEST”
OFFICIAL CONTEST RULES
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL UNITED STATES FEDERAL, STATE, AND LOCAL LAWS APPLY. NO PURCHASE NECESSARY TO ENTER OR WIN.
1. General Description:
The "Emergency Fund Grant Essay Contest” (the “Contest”) is being sponsored by Macatawa Bank (“Sponsor”), a Michigan banking corporation, located at 10753 Macatawa Dr, Holland, Michigan 49424. The purpose of the Contest is to award ten (10) $500 cash prizes to students enrolled in a class participating in one of the Dave Ramsey Foundations Curriculum (the “Foundations Curriculum”) as set forth in these Official Contest Rules.
Each student that wishes to compete in the Contest (each an “Entrant”) must submit an original essay based on one of the three designated topics along with a completed and signed two-page Application Form, which will include signatures of students, consenting parent or legal guardian, if necessary, and the approving teacher of a participating school (the “Approving Teacher”).
The Contest will be administered by Sponsor and The Lampo Group, Inc. (“Lampo”) who will select the winners of the Contest as set forth herein (Sponsor and Lampo are collectively the "Administering Parties"). The Official Contest Rules will be posted at http://www.macatawabank.com (the “Contest Website”) and will be accessible by clicking on the “Emergency Fund Essay Contest Official Rules” link.
The Contest begins at 12:01 AM Eastern Time (“ET”) on March 1, 2013 and ends at 5:00 PM ET on March 31, 2013 (“Contest Period”).
A. Each Entrant must be a legal resident of Michigan who is a full-time high school student enrolled in one of the West Michigan high schools using the Macatawa Bank sponsored Dave Ramsey’s Foundations Curriculum and enrolled in a class at such high school that teaches Dave Ramsey’s “Foundations in Personal Finance" classes during the Contest Period.
B. No Entrant may submit more than one (1) essay.
C. Each Entrant that is under the age of 18 must have a parent or legal guardian provide written consent that the Administering Parties can use the Entrant’s name for public relations, advertising and social media purposes. In the event the Entrant wins an award, the parent or guardian agrees to accompany the Entrant to the branch to accept their grant, and if they choose, to open a Macatawa Bank savings account. Sponsor, in its sole discretion, may require sufficient proof that any individual is an Entrant’s parent or guardian.
D. Employees of the Administering Parties, and their parents, subsidiaries, affiliated companies, advertising and promotion agencies, immediate family members, and/or those living in the same household of anyone so employed or engaged are not eligible to compete in the Contest.
E. Sponsor may, in its sole discretion, require verification of eligibility of each Entrant prior to awarding of any prizes.
3. Delivery Options:
Essays and signed Application Forms can be submitted by the stated deadlines in one of the following methods:
A. Email entry to: firstname.lastname@example.org
B. Mail entry to: Macatawa Bank, Attn: Marketing Department, PO Box 3119, Holland, MI 49422-3119
C. Hand Deliver entry to one of the 26 area Macatawa Bank branch locations, Mondays – Fridays between 9:00 a.m. – 5:00 p.m. ET.
A. Each Entrant must submit a maximum 2 page typed essay of at least 300 words but no more than 600 words. Each essay must address one of the following essay topics:
i. What is the most valuable financial lesson you are learning about in your Foundations classes and why is it so important?
ii. If you had a younger brother or sister and were going to advise them about money, what would you tell them, and why?
iii. What key principles are you learning about managing your money and how do you see applying them to your future life?
B. All completed essays and signed applications forms (collectively the “Materials”) must either be postmarked, delivered via email or in person as set forth in Section 3 by 5:00 p.m. ET by March 31, 2013. Late submissions will not be accepted. No Entrant may enter more than 1 essay for judging. Multiple entries from an Entrant will result in the disqualification of all entries received from that Entrant.
5. Content and Assignment of Submissions:
A. Entrants may not contract with, or pay for, any outside consulting firm, agency, or other service for any assistance or guidance in the creation of the essay. All essays must consist solely of the original work product of the Entrant that submits an essay.
B. Upon submission, all Materials shall become the sole property of Sponsor and will not be returned to the Approving Teacher or Entrant. Sponsor is not obligated to use any submitted Materials. No credit will be given to the submitting parties if any submitted Materials are used. By entering the Contest, each Entrant also warrants and represents that he/she is the sole author and creator of the Materials, that the Materials do not violate any applicable law, and that the Materials do not infringe or violate any intellectual property right held by a third party or any other agreement any team member may have with any third party. By submitting any Materials, each Entrant agrees to release, discharge, and hold harmless the Administering Parties, their parent corporations, subsidiaries, affiliated companies, licensees, and assigns, and their officers, directors, employees, agents, and representatives (collectively the “Released Parties”) from any claim or liability arising from or related to the creation, submission and/or use of the Materials. Each Entrant, or their parent or guardian, shall sign a release and indemnity attesting, among other things, to the fact that they are the rightful owners of the submitted Materials and that the Materials may be used for all purposes without obtaining permission from, or making any payment to, any third party.
C. In consideration of, and as a condition to, the eligibility of each entry under the terms of the Contest, each Entrant and Approving Teacher hereby assigns, transfers and conveys to Sponsor, effective upon submission of the Materials, all right, title and interest in and to the Materials, including all associated copyright, trademark and other intellectual property rights, including all goodwill associated with those rights. Submitting parties will not be paid for submitted Materials or for the granting of any rights. Entrant agrees that their essay shall be deemed a “work made for hire” under U.S. copyright law with their entry being specially prepared by each Entrant for Sponsor, with all rights therein, including, without limitation, the exclusive copyright, being the exclusive property of Sponsor; and (c) in the event their essay is considered not to be a “work made for hire,” each Entrant, for good and valuable consideration, including but not limited to entry in the Contest and eligibility to win (provided all other eligibility requirements have been met), the receipt and sufficiency of which is hereby acknowledged, irrevocably assigns to Sponsor all right, title, and interest in their essay (including, without limitation, the copyright) in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade and, upon Sponsor’s request, each Entrant further agrees to sign any additional documentation so as to record, perfect or effect such assignment.
6. Selection of Finalists:
A. Two employees from Sponsor’s marketing and compliance department, Archie Blood, and Mary Ann Sabo (the “Initial Judges”) will select up to 20 finalists (the “Finalists”) from eligible submissions on or before April 30, 2013 and submit them to Lampo for final judging. All submissions will be judged, in the Initial Judges’ sole discretion, based on the following criteria with each criteria having equal weight:
i. Creativity and originality
ii. Relevance to theme
iii. Effectiveness of message delivery
iv. Adherence to the submission goals as described in Section 4(A) of these Official Rules
B. On or before June 1, 2013, Lampo’s Essay Committee (the “Essay Committee”) will select up to 10 winners based on the criteria set forth above. The Initial Judges, the David Ramsey Foundation, and the Essay Committee, reserve the right, in their sole discretion, to select less than 20 finalists and 10 winners respectively if a sufficient number of qualified and/or appropriate entries are not received by the designated deadlines. The decisions of the Administering Parties, the Initial Judges, and the Essay Committee will be final and binding on all matters related to the judging of entries. The notes and written comments of the Administering Parties, the Initial Judges, and the Essay Committee will not be disclosed.
7. Publicity and Public Use of Materials
A. By entering the Contest, each Entrant agrees that Sponsor shall have the right to use, record, copy, publish, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt and/or modify all Materials and presentations in any way, in any and all media, without any further compensation or consideration to any Entrant or their Approving Teacher, other than eligibility in the Contest. All Entrants, their parents or guardians, if necessary, and their Approving Teacher grant to the Administering Parties and their agents the worldwide, perpetual right and permission to use their names, likenesses, images, voice, quotes and statements that are in the Materials or recorded at any events described in Section 7(B) below in whole or in part in any form or manner the Administering Parties or their agents see fit. All Entrants and Approving Teachers waive any right to inspect or approve any such use of their names, likenesses, images, voices, quotes and statements. Sponsor, at its sole discretion, reserves the right to post any Materials and presentations on the Contest Website or other selected websites during or after the Contest, in perpetuity.
B. By submitting Materials, each Entrant and their Approving Teacher agree to willingly participate in potential publicity engagements, media exposure, interviews, video and/or audio recordings, and all other events relevant to the promotion and publicity of the Contest. If an Entrant is selected to participate in such events, such Entrant will be notified via phone and/or e-mail to confirm availability for such events. Participation in such events will have no bearing on the judging of an Entrant’s submission to the Contest.
Prizes will be awarded as follows:
a. Up to ten (10) $500 cash prizes will be awarded to up to ten (10) essay winners, provided that at least twenty (20) essays are submitted. If less than twenty (20) eligible essays are submitted, Sponsor, in its sole discretion, shall determine the total number of prizes to be awarded. If any winner is under eighteen (18) years old, his/her prize will be delivered to his or her parent or legal guardian. No substitution of prizes is permitted, except that the Administering Parties reserve the right to substitute a prize of equal or greater value in the event any prize cannot be awarded as stated. Prizes are non-transferable.
b. All qualifying Entrants, regardless of how many Entrants participate in the Contest during the Contest Period, will receive a $10.00 Apple® iTunes® Gift Card (“Gift Card”), which will be mailed to the Entrant’s teacher within one week of each deadline to be provided to each Entrant. The Gift Card is subject to Apple’s terms and conditions of use.
By participating in the Contest, each Entrant agrees to (a) release and hold harmless the Released Parties from any and all liability for any claims, costs, injuries, losses or damages of any kind, including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or participation in any Contest-related activity and/or the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of any prize and/or for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action; and (b) acknowledge that Sponsor and the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the prize including, but not limited to, its quality or availability. By accepting prize, winners agree to hold the Released Party harmless against any and all claims and liability arising out of use of the prize or any other participation in the Contest. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Contest or use or redemption of any prize. EACH ENTRANT FURTHER ACKNOWLEDGES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, REGARDING THE USE, MISUSE, OWNERSHIP, VALUE OR ENJOYMENT OF THE PRIZES, INCLUDING WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO CERTAIN ENTRANTS.
9. General Terms and Conditions
A. The Released Parties shall not be responsible for any failed registrations or entries for any reason including without limitation those that are lost, late, damaged, delayed, incomplete, illegible, mutilated, misdirected, or on postage-due mail. Further, the Released Parties shall not be responsible for any electronic, network, and server failures or malfunctions or other technical errors of any kind.
B. The winning Entrants will be notified by mail and/or phone within 10 days of the David Ramsey Foundation’s determination of the winning entries at the address or phone number on each winner’s registration form. If a winner cannot be located, notification is returned, or a winner does not respond to claim the prize within 14 days after notification, an alternate winner will be chosen from among all remaining eligible entries, provided there are enough qualifying entries. Within 14 days of notification each winner will be required to sign a Prize Winner’s Affidavit of Eligibility and Release Form provided by Sponsor that may include an Entrant’s social security number or tax ID for tax reporting purposes. If any winner is under 18 years old, his or her parent or legal guardian must sign the Prize Winner’s Affidavit of Eligibility and Release Form.
C. Sponsor reserves the right to cancel the Contest for any reason that is deemed appropriate, including, without limitation, a computer virus, bug or other technical problem(s) that corrupts the administration or security or proper functioning of the Contest. Should the Contest be cancelled prior to March 31, 2013, notice will be e-mailed to all Entrants and posted on the Contest Website.
D. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL UNITED STATES FEDERAL, STATE, AND LOCAL LAWS APPLY. NO PURCHASE NECESSARY TO ENTER OR WIN.
E. Sponsor reserves the right to amend these rules and policies at any time and without notice. Any changes will be posted on the Contest Website.
F. Winners of any prize are solely responsible for all applicable federal, state, and local taxes.
G. Each Entrant and their Approving Teacher agree that the Released Parties shall not be responsible or liable for damages or losses of any kind arising out of or resulting from entry in this Contest, acceptance or use of a prize or any other matter related to the Contest, including, without limitation, claims based on property damage, personal injury and/or death, publicity rights, defamation or invasion of privacy.
H. The Administering Parties reserve the right, at their sole discretion, to disqualify any Entrant found tampering with the Contest or violating these Official Contest Rules. Any attempt by anyone to deliberately damage the Contest 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 Administering Parties reserve the right to seek damages arising from such acts to the fullest extent of the law. If it is determined that the Contest is compromised in any way, then, at their sole discretion, Sponsor can cancel the Contest. If any notification is returned as undeliverable, or if any Entrant violates these rules, such Entrant will be disqualified from the Contest. Entries not complying with these Official Contest Rules are subject to disqualification.
I. By entering the Contest, each Entrant and their Approving Teacher, agree to abide by and be bound by all decisions of the Administering Parties and the judges relating to the Contest, which shall be final and binding in all respects, including but not limited to the determination of the winners.
J. If any portion of these Official Contest Rules is found to be invalid, illegal, or unenforceable, for any reason, that portion shall be severed from the rest.
K. Each Entrant acknowledges and agrees that the sole consideration for their agreement to the terms of these Official Contest Rules is their eligibility for the Contest and they are not relying on any promise for future or further consideration or compensation or any other promise in agreeing to the terms of these Official Contest Rules. Each Entrant and their Approving Teacher understands that the Administering Parties and their agents will rely on the full and complete agreement of the Entrant and their Approving Teacher to the terms of these Official Contest Rules at the potentially substantial cost to the Administering Parties and their agents. Failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that term
L. Each Entrant agrees that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or the prize shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Western District of Michigan or the appropriate Michigan State Court; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (c) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of Administering Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Michigan.
N. Names of winners are available until June 30, 2013, at macatawabank.com or by sending a self-addressed, stamped envelope with your request postmarked by June 30, 2013, to Macatawa Bank, Attn: Marketing Department, PO Box 3119, Holland, MI 49422-3110.
O. As used in these Official Contest Rules and where applicable the term “Entrant” shall also include an individual’s parent or guardian if such individual is under the age of 18.
P. Neither the Apple® nor Facebook® trademarks are owned by Sponsor or the Administering Parties. This Contest is in no way sponsored, endorsed, or administered by, nor associated with, Apple, Inc. or Facebook®. Any questions regarding the Contest should be directed to Sponsor and not to Apple, Inc. or Facebook®.