The words you are searching are inside this book. To get more targeted content, please make full-text search by clicking here.

1 fifth third bank brand of you contest part ii a purchase or payment will not increase a contestant’s chances of winning. the contest is open to all eligible legal ...

Discover the best professional documents and content resources in AnyFlip Document Base.
Search
Published by , 2016-03-18 05:57:02

Official contest rules - Brand Of You

1 fifth third bank brand of you contest part ii a purchase or payment will not increase a contestant’s chances of winning. the contest is open to all eligible legal ...

FIFTH THIRD BANK BRAND OF YOU CONTEST PART II

A PURCHASE OR PAYMENT WILL NOT INCREASE A CONTESTANT’S CHANCES OF WINNING.

THE CONTEST IS OPEN TO ALL ELIGIBLE LEGAL RESIDENTS OF THE FIFTY (50) UNITED
STATES AND THE DISTRICT OF COLUMBIA WHO ARE AGE 18 YEARS OR OLDER AT TIME OF

ENTRY.

PART I (5/11/15 – 7/20/15)

The Fifth Third Bank Brand of You Contest – PART II (the “Contest”) is sponsored by Fifth Third
Bank, 5001 Kingsley Dr., Cincinnati, OH 45227 (“Sponsor”).

1. CONTEST OVERVIEW AND CONTEST PERIOD: The Contest Period starts at 12:00 AM
(midnight) Eastern Time (“ET”) on July 22, 2015, and ends at 11:59:59 PM ET on August 23,

2015, (“Contest Period”). During the Contest Period, there will be five (5) separate “Entry

Periods”:

Entry Periods

Entry Period Entry Period Start Date Contest End Date Winner Notification
(all at 12:00:00 AM ET) (all at 11:59:59 PM ET) (on or about)
1 July 30, 2015
2 July 22, 2015 July 26, 2015
3 August 6, 2015
4 July 27, 2015 August 2, 2015
5 August 13, 2015
August 3, 2015 August 9, 2015
August 20, 2015
August 10, 2015 August 16, 2015 August 27, 2015
August 17, 2015 August 23, 2015

The Sponsor’s computer is the official Contest Period clock.

2. ELIGIBILITY: The Contest is open only to legal United States residents living in the fifty (50)
United States and the District of Columbia, who are 18 years of age or older at the time of entry.
Employees of Sponsor, NextJob, Inc., (“NextJob”) the independent judging agency administering
this Contest (“Administrator”), the advertising and promotion agencies involved in this promotion,
and their respective parent, subsidiary, and affiliate companies and the members of each of their
employee’s/agent’s immediate family (i.e., spouse, parent, child, sibling, and the “steps” of each)
and persons living in the same household of each (collectively referred to as “Contest Entities”)
are not eligible to enter or win. All applicable federal, state and local laws and regulations apply.
Residents of Puerto Rico and elsewhere where restricted or prohibited by law are not eligible to
enter or win. Participation in the Contest by a person eligible to participate under these Official
Rules (a “Contestant”) constitutes his/her full and unconditional agreement to these Official Rules
and that Sponsor’s decisions are final and binding in all matters related to the Contest. Winning a
Prize (defined below) is contingent upon fulfilling all requirements set forth in these Official Rules.
If it is discovered that a Contestant has registered or attempted to register more than once using
multiple Twitter accounts, e-mail addresses, telephone numbers or multiple identities, all of the

1

Contestant’s Submissions (as defined below) will be declared null and void and that Contestant
will not be awarded any prize that he/she might have been entitled to receive.

3. HOW TO PARTICIPATE IN THE CONTEST: During each Entry Period, a Contestant must post
an answer on his/her Twitter account to the question “tell us why you deserve free one-on-one job
search coaching?” using the hashtags #brandofyou and #53enter (a “Submission”). The
Contestant may, but is not required to, include an image or video as part of his/her Submission.
During an Entry Period, there may be a “Live Coaching Event” hosted by @Fifth Third on Twitter
in which a Contestant may receive an entry into the Entry Period by posting a Submission.

Each Submission must comply with the Contest Submission Guidelines and Content Restrictions
set forth in Section 4 hereof and with the rest of these Official Rules.

Limit one (1) Submission per day per Twitter handle for each Entry Period. The first Submission
received during an Entry Period will be the Submission judged. All other submissions received
after the first Submission during the same day may receive coaching responses from NextJob
coaches but will not be entered into the Contest. A Submission made into an Entry Period or
Live Event does not carry forward into any future Entry Period(s).

In order to participate in this Contest, a Contestant must have a non-private Twitter account.
There is no cost to create a Twitter account at www.twitter.com. Creation of a Twitter account
requires Contestant to agree to Twitter’s Terms of Service and Privacy Policy, available at
www.twitter.com/tos and www.twitter.com/privacy, respectively. Due to the way Twitter operates
its services, Submissions from a Twitter user with "protected" updates (i.e., Contestant has set
his/her account so that only people the Contestant has approved can view his/her updates) will
not be received or entered into the Contest.

By submitting a Submission and using the hashtags set forth above, Contestant hereby agrees to
the terms and conditions set forth in these Official Rules. By participating in the Contest,
Contestant understands that he or she is providing his or her information to Sponsor and not
Twitter. Contestant also consents to being contacted by the Sponsor. Further, Contestant
specifically agrees to release Twitter from any and all liability associated with this Contest. This
Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.

IMPORTANT: Message and data rates may apply if a Contestant enters this Contest on his/her
mobile device. Not all mobile telephone/wireless providers carry the service necessary to
participate in this Contest. Contestants should consult their wireless provider’s pricing plans.
Mobile entry is not required to enter or win a prize in this Contest.

4. CONTEST SUBMISSION GUIDELINES AND CONTENT RESTRICTIONS:

A. Each Submission must be in English;
B. Each Submission must be in formats and sizes acceptable to Twitter;
C. If there is a video in the Submission, the video must be no longer than thirty (30)

seconds in length;
D. Each Submission must not contain any names, likenesses, photograph(s), videos of any

other person except the Contestant;
E. Each Submission must be original text, video or images created solely by the

Contestant, and may not be plagiarized, have been previously published or have
previously won a prize or award;
F. Each Submission must not have been submitted previously in a Contest of any kind or
exhibited or displayed publicly through any means;
G. Each Submission must not contain material that violates or infringes another's rights,
including but not limited to privacy, publicity, copyrights, trademarks or other intellectual
property rights;

2

H. The Submission must not feature brand names or trademarks other than those owned
by Sponsor or NextJob, which Contestant has a limited license to use to incorporate in
his/her Submission in this Contest;

I. Each Submission must not disparage Sponsor, Administrator, or any other person or
party affiliated with the Contest and administration of this Contest, or any of their
respective products and/or brands;

J. Each Submission must not in any way, either visibly or otherwise, contain any brand
names, logos or trademarks other than those of Sponsor, which each Contestant has a
limited license to use to incorporate into its Submission;

K. Each Submission must not include any personally identifiable information (full name, e-
mail address, telephone number, etc.);

L. Each Submission or any other posting on a Contestant’s Twitter handle, in the
Sponsor’s sole and absolute discretion, must not promote use of alcohol by minors,
illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular political agenda or
message;

M. Each Submission or any other posting on a Contestant’s Twitter handle, in the
Sponsor’s sole and absolute discretion, must not contain content that is inappropriate,
indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or
libelous; that promotes bigotry, racism, hatred or harm against any group or individual or
promotes discrimination based on race, gender, religion, nationality, disability, sexual
orientation or age; and

N. Each Submission or any other posting on a Contestant’s Twitter handle, in the
Sponsor’s sole and absolute discretion, must not contain material that is unlawful, in
violation of, or contrary to the laws or regulations in any jurisdiction where the
Submission is created.

NOTE: If any entry/Submission fails to comply with any of these submission requirements or any
other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify
the Contestant.

5. SPONSOR’S AND NEXTJOB IP AND GENERAL SUBMISSION TERMS: Sponsor and NextJob
grant Contestants a limited, revocable, non-sublicensable license to use Sponsor’s name,
products, trademarks and logos (collectively, “Sponsor’s and NextJob’s IP”) for the sole purpose
of participating in this Contest. Contestants are not permitted to make any further use of
Sponsor’s and NextJob’s IP for any purpose whatsoever. In addition, Contestants recognize that
all rights, title, and interest in Sponsor’s and NextJob’s IP shall remain exclusively with the
Sponsor, and Contestant agrees that he or she has not and will not take any action that might
harm or adversely affect such rights. No right, title or interest in and to Sponsor’s and NextJob’s
IP except for the limited license granted to Contestant in these Official Rules is transferred or
created. Each Contestant further acknowledges and agrees that Sponsor’s and NextJob’s IP
rights are valid and enforceable, and that Contestant shall do nothing to challenge the validity or
enforceability of Sponsor and NextJob’s IP in any forum. Contestants agree that the use of
Sponsor’s and NextJob’s IP is permitted only for the purpose of making a Submission in this
Contest, and that any use of Sponsor’s and NextJob’s IP (whether in the Submission or
otherwise) beyond this scope infringes the rights of Sponsor and will result in irreparable harm to
Sponsor and/or NextJob.

Submissions generated by script, macro or any other automated means are void. Contest Entities
are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled,
delayed or misdirected Submissions – all of which will be void. In the event of a dispute as to any
Submission, the authorized account holder (determined at time of the entry) of the Twitter
account used to make the Submission will be deemed to be the Contestant. The "authorized
account holder" is the natural person assigned the social media account by Twitter or the
applicable social media service or other organization responsible for assigning Twitter handles

3

associated with the Submission. Each Contestant may be required to show proof of being an
authorized account holder. Sponsor reserves the right to disqualify any Contestant and/or
Submission.

By entering the Contest and/or accepting a Prize (as defined in Section 7 hereof), Contestant
hereby understands and agrees that, at Sponsor’s sole discretion, his/her entry/Submission may
be posted to the Website, Sponsor’s Twitter account, or other websites associated with the
Contest. Submitting an entry/Submission constitutes Contestant’s consent to give Sponsor a
royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or
create derivative works from and display the entry in whole or in part, on a worldwide basis, and
to incorporate it into other works, in any form, media or technology now known or later developed,
including for promotional or marketing purposes. If requested, Contestant will sign any
documentation that may be required for Sponsor or its designees to make use of the
nonexclusive rights Contestant is granting to use the entry. This license expressly includes a right
(but not the obligation) for Sponsor to modify Submissions to remove any third-party intellectual
property. Further, the Sponsor, at its sole discretion, may add or remove any Submission from
the Website, Twitter accounts, or any Contest related website(s) at any time for whatever reason.
The displaying of an Submission on the Twitter account, Website or any Contest-related website
does not constitute verification of eligibility or compliance with these Official Rules and all
Submissions and Contestants remain subject to verification of eligibility and compliance with
these Official Rules as determined by Sponsor at its sole discretion.

6. JUDGING WINNER SELECTION: After the end of each Entry Period, all Submissions entered
into the Entry Period, as applicable, will be judged by a panel of qualified judges who have
experience in human resources as selected by Administrator (the “Judges”) in its sole discretion.
Entries will not be judged based on any prohibited basis. The Judges will score each Submission
according to the following judging criteria: (a) Clarity of Expression & Succinct Communication:
33%; (b) Understanding of Career Goals & Focus: 33%; and (c) Articulation of Contestant’s
Personal Brand: 34%. The eighty (80) Submissions for each Entry Period and the fifty (50)
Submissions for each Live Event that receive the highest score from the Judges will be deemed
to be potential Prize winners, pending verification of eligibility and compliance with these Official
Rules. In the event of any ties, the highest score in criterion (c) “Articulation of Contestant’s
Personal Brand” will be used to break any ties. If there is still a tie, then the highest score in
criterion (b) “Understanding of Career Goals & Focus” will be used to break any ties. Sponsor’s
and Administrator’s decisions as to the administration and operation of the Contest and the
selection of the potential winners are final and binding in all matters related to the Contest.

7. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

A. Prizes: 60 Prizes for each Entry Period, 300 Prizes total awarded for the entire
Contest. Each “Prize” is a “NextJob Scholarship,” which consists of: up to 16 weeks of
specialized one-on-one job search training, JobTalk, podcasts, personality and career
testing, creation of LinkedIn and Twitter profiles, and access to the online Millennial job
search system.

B. ARV: The ARV for each Prize is $1,000. The total ARV for all Prizes in this Contest is
$300,000.

C. Maximum of one (1) Prize per Contestant/household during the entire Contest Period. No
more than the number of Prizes set forth in Section 7A hereof will be awarded. All Prizes
will be awarded provided that there is a sufficient number of valid Submissions. A Prize is
non-assignable and non-transferable, and a Prize is not substitutable and not redeemable
for cash, except that Sponsor reserves the right to substitute a Prize of equal or greater
value in case of unavailability of a Prize, or force majeure. If a winner does not wish to
accept the entire Prize, the winner will not receive any cash for accepting a portion of the

4

Prize. At no point will a cash alternative to a Prize or Prize element be available. Contest
Entities shall not be held responsible for any delays in awarding Prizes for any reason.
Federal, state and local taxes, if any, are the sole responsibility of each winner.

8. PRIZE FULFILLMENT: Each potential Prize winner will receive a tweet via Twitter from the
Sponsor on or about the notification date set forth in Section 1 hereof to his/her Twitter Account.
Potential Prize winners will be given a link to a redemption portal where they can log-in using their
Twitter account and register to redeem the Prize by entering the following information: complete
first and last name, street address (no P.O. Boxes), city, state, ZIP Code, e-mail address, and
checking a box agreeing to these Official Rules and that the Contestant is 18 years of age or
older. Potential winners must go to the redemption portal and complete the registration
information within four (4) days after the date of the tweet or the potential winner will forfeit his/her
Prize and the Submission with the next highest score for that Entry Period or Live Event will be
deemed the alternate potential Prize winner, time permitting.

Each potential Prize winner will receive an Affidavit of Eligibility, Liability Release, and, where
permitted by law, a Publicity Release (collectively, the “Documents”) to his/her e-mail account.
The Prize winner will be required to complete and return the Documents to the Administrator
within four (4) days from the date that the Documents are sent by e-mail. If a potential Prize
winner does not return the fully executed documents within four (4) days, an e-mail notification is
returned undeliverable, or if potential Prize winner is found to be ineligible or is non-compliant
with these Official Rules for any reason, then the potential Prize winner forfeits the Prize and the
Submission with the next highest score for that Entry Period or Live Event will be deemed the
alternate potential Prize winner, time permitting.

After receipt of the fully executed Documents and confirming that the Prize winner is eligible to
receive the Prize, Administrator will e-mail the winner the Prize redemption code with instructions
on how to redeem their prize.

Any potential Prize winner may be required to furnish proof of identification. Sponsor reserves the
right to announce any Prize winners at such time as Sponsor has verified and/or confirmed such
winners in its sole discretion, and Sponsor may announce no winners in the event no winner has
been verified and/or confirmed.

It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions
and requirements contained in these Official Rules. Prizes will only be awarded to verified
winners. If any potential Prize winner is found to be ineligible, or if he/she has not complied with
these Official Rules, or declines a prize for any reason prior to award, such potential winner will
be disqualified and the prize forfeited, except that Sponsor, using the criteria set forth in Section 6
will attempt to select and contact up to three (3) alternates in order to award the Prizes.

PRIZES NOT CLAIMED OR THAT ARE FORFEITED WILL NOT BE AWARDED, EXCEPT THE
PRIZES WHICH MAY BE AWARDED TO AN ALTERNATE WINNER.

9. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall a
Submission into the Contest, the awarding of a Prize, or anything in these Official Rules be
construed as an offer or contract of employment with Sponsor and/or Administrator.

10. LIMITATION OF LIABILITY: By participating in this Contest, Contestants agree that the Contest
Entities and each of their respective affiliates, subsidiaries, Contestants, consultants, contractors,
legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies,
website providers and each of their respective officers, directors, stockholders, employees,
Contestants, designees and agents (“Released Parties”), including Twitter, are not responsible
for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications
or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet

5

hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or
jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv)
any technical, mechanical, programming, printing or typographical or other error; (v) the incorrect
or inaccurate capture of registration information or the failure to capture, or loss of, any such
information; (vi) any error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, technical error, theft or destruction or unauthorized
access to the Contest; (vii) any injury or damage, whether personal or property, to Contestants or
to any person's computer related to or resulting from participating in the Contest and/or accepting
a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with,
incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules.
Further, the Contest Entities are not responsible for any undelivered e-mails, including without
limitation, e-mails that are not received because of a Contestant’s privacy or spam filter settings
that may divert any winner notification or other Contest related e-mail to a spam or junk folder.

By entering the Contest, each Contestant agrees: (i) to be bound by these Official Rules,
including Submission requirements; (ii) to waive any rights to claim ambiguity with respect to
these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding
against any of the Released Parties in connection with the Contest; and (iv) to forever and
irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties
from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines,
penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees)
that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-
related activity or element thereof, participation or inability to participate in the Contest; (b) the
violation or infringement of any third-party privacy, personal, publicity or proprietary rights,
including without limitation any copyright or trademark; (c) acceptance, attendance at, receipt,
travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse,
inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the
use of a prize (or any component thereof); (d) any change in the prizing (or any components
thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part
of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing
(or any element thereof); or (h) the negligence or willful misconduct by a Contestant.

If, for any reason, the Contest is not capable of running as planned, or the integrity and or
feasibility of the Contest is severely undermined by any event beyond the control of Sponsor,
including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act
of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or
undeclared), terrorist threat or activity, or any federal, state or local government law, order, or
regulation, order of any court or jurisdiction, infection by computer virus, unauthorized
intervention, technical failures or other cause not reasonably within the control of Sponsor (each a
“Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute
discretion, to abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with
the Contest, including the selection of winners in a manner it deems fair and reasonable,
including the selection of winners from among eligible Submissions received prior to such
cancellation, termination, modification or suspension without any further obligation provided a
sufficient number of eligible Submissions are received.

Without limiting the foregoing, everything regarding this Contest, including the prizes, is provided
“as is” without warranty of any kind, either express or implied, including but not limited to, the
implied warranties of merchantability, fitness for a particular purpose or non-infringement.

11. GOVERNING LAW/DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE
CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO, AND THE
FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HAMILTON COUNTY, OHIO. IF THE
CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT
DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING

6

ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN
ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT
VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN
ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE
EXPERIENCED AND LICENSED TO PRACTICE LAW IN OHIO. ALL PROCEEDINGS
BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN HAMILTON
COUNTY, OHIO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL
DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE,
EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES
MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER
SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR
SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. CONTESTANTS AGREE THAT
THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT AND/OR CONTEST ENTITIES
AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO
ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN
ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF
ACTION SHALL BE FOREVER BARRED.

12. PRIVACY POLICY: Any personally identifiable information collected during a Contestant’s
participation in this Contest will be collected by Sponsor or its agent and used by Sponsor, its
affiliates, agents and marketers for purposes of the proper administration and fulfillment of the
Contest as described in these Official Rules and in accordance with Sponsor's Privacy Policy as
stated at https://www.53.com/privacy-security/

13. WARRANTY AND INDEMNITY: Contestants warrant that their Submissions are original, that the
Contestant is the sole and exclusive owner and rights holder of the Submission, and that the
Contestant has the right to submit the Submission in the Contest. Each Contestant agrees not to
submit any Submission that (1) infringes any third-party proprietary rights, intellectual property
rights, industrial property rights, personal or moral rights or any other rights, including without
limitation, copyright, trademark, patent, trade secret or confidentiality obligations or (2) otherwise
violates any applicable federal, state, or local laws, rules, or regulations. To the maximum extent
permitted by law, each Contestant on behalf of himself/herself indemnifies and agrees to keep
indemnified the Released Parties at all times from and against any and all liability, claims,
demands, losses, damages, costs and expenses resulting from any act, default or omission of the
Contestant or breach of any warranty set forth herein. To the maximum extent permitted by law,
each Contestant agrees to defend, indemnify and hold harmless Released Parties 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 Contestant 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, or (b) any
misrepresentation made by the Contestant in connection with the Contest.

Each Contestant further agrees to release and hold harmless the Released Parties from any and
all claims that any advertising subsequently produced, presented, and/or prepared by or on
behalf of Sponsor infringes Contestant's rights with regard to any Submission. Although each
Submission will be reviewed by Sponsor before being judged, posted or published, the posting or
publication of a Submission does not mean the Submission has been deemed to be in
compliance with these Official Rules. Any Submission that does not comply with these Official
Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in
its sole and absolute discretion, will be disqualified, and if posted on the Sponsor’s Twitter
account, Website or any websites related to this Contest, removed there from.

14. GENERAL: Any attempted form of participation in this Contest other than as described herein is
void. If it is discovered that a Contestant has registered or attempted to register more than once

7

using multiple Twitter accounts, telephone numbers, multiple identities, IP addresses, use of
proxy servers, or like methods of Submission, all of the Submissions will be declared null and
void and that Contestant will not be awarded any prize that he/she might have been entitled to
receive. All Submissions become the sole property of Sponsor and will not be returned. If, for any
reason, the Contest is not capable of running as planned, Sponsor reserves the right at its sole
discretion to cancel, terminate, modify or suspend the Contest and/or proceed with the Contest, in
a manner it deems fair and reasonable, including the selection of winners from among eligible
Submissions received prior to such cancellation, termination, modification or suspension. By
entering this Contest, each Contestant agrees to abide by and accept these Official Rules
throughout the Contest Period and the decisions of Sponsor and/or Administrator, which shall be
final and binding in all matters relating to this Contest. Each Contestant agrees to waive any right
to claim ambiguity in these Official Rules. In no event will more Prizes be awarded than are stated
in these Official Rules. Contest is subject to all federal, state and local laws and regulations.
Sponsor reserves the right to disqualify any individual found, in its sole opinion, to be tampering
with the operation of the Contest; to be acting in violation of these Official Rules; or to be acting in
an unsportsmanlike manner or with the intent to disrupt the normal operation of this Contest. Any
use of robotic, automatic, macro, programmed, third party or like methods to participate in the
Contest will void any attempted participation effected by such methods and the disqualification of
the individual utilizing the same.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD
SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR
OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO
THE FULLEST EXTENT PERMITTED BY LAW. All Submissions and/or materials submitted
become the property of Sponsor and will not be returned. Contest Entities are not responsible for
any lost, late, undeliverable/undelivered, tweet, e-mail or postage due mail. In the event of any
conflict with any Contest details contained in these Official Rules and Contest details contained in
any promotional materials (including but not limited to point of sale, television, and print
advertising, promotional packaging, and other promotional media), the details of the Contest as
set forth in these Official Rules shall prevail.

15. WINNERS LIST: For the names of winners send a self-addressed, stamped envelope to: Fifth
Third Bank Brand of You Contest, P.O. Box 251328, West Bloomfield, MI 48325. Winners list
requests must be received by September 8, 2015.

© 2015 FIFTH THIRD BANK. MEMBER FDIC. ALL RIGHTS RESERVED.

8

FIFTH THIRD BANK BRAND OF YOU CONTEST PART I

1. CONTEST OVERVIEW AND CONTEST PERIOD: The Contest Period starts at 12:00 AM
(midnight) Eastern Time (“ET”) on May 11, 2015, and ends at 11:59:59 PM ET on July 20,
2015, (“Contest Period”). During the Contest Period, there will be ten (10) separate “Entry

Periods” and four (4) separate “Live Events” as set forth below:

Entry Periods

Entry Period Entry Period Start Date Contest End Date Winner Notification
(all at 12:00:00 AM ET) (all at 11:59:59 PM ET) (on or about)
1 May 21, 2015
2 May 11, 2015 May 17, 2015 May 28, 2015
3 May 18, 2015 May 24, 2015 June 4, 2015
4 May 25, 2015 May 31, 2015 June 11, 2015
5 June 1, 2015 June 7, 2015 June 18, 2015
6 June 8, 2015 June 14, 2015 June 25, 2015
7 June 15, 2015 June 21, 2015 July 2, 2015
8 June 22, 2015 June 28, 2015 July 9, 2015
9 June 29, 2015 July 5, 2015 July 16, 2015
10 July 6, 2015 July 12, 2015 July 23, 2015
July 13, 2015 July 20, 2015

Live Events

Live Event Entry Period Start Date Contest End Date Winner Notification
(all at 12:00:00 PM ET) (all at 4:00:00 PM ET) (on or about)
1 May 22, 2015
2 May 19, 2015 May 19, 2015
3 June 5, 2015
4 June 2, 2015 June 2, 2015
June 26, 2015
June 23, 2015 June 23, 2015
July 10, 2015
July 8, 2015 July 8, 2015

The Sponsor’s computer is the official Contest Period clock.

2. ELIGIBILITY: The Contest is open only to legal United States residents living in the fifty (50)
United States and the District of Columbia, who are 18 years of age or older at the time of
entry. Employees of Sponsor, NextJob, Inc., (“NextJob”) the independent judging agency
administering this Contest (“Administrator”), the advertising and promotion agencies involved
in this promotion, and their respective parent, subsidiary, and affiliate companies and the
members of each of their employee’s/agent’s immediate family (i.e., spouse, parent, child,
sibling, and the “steps” of each) and persons living in the same household of each
(collectively referred to as “Contest Entities”) are not eligible to enter or win. All applicable
federal, state and local laws and regulations apply. Residents of Puerto Rico and elsewhere
where restricted or prohibited by law are not eligible to enter or win. Participation in the
Contest by a person eligible to participate under these Official Rules (a “Contestant”)
constitutes his/her full and unconditional agreement to these Official Rules and that Sponsor’s
decisions are final and binding in all matters related to the Contest. Winning a Prize (defined
below) is contingent upon fulfilling all requirements set forth in these Official Rules. If it is
discovered that a Contestant has registered or attempted to register more than once using
multiple Twitter accounts, e-mail addresses, telephone numbers or multiple identities, all of
the Contestant’s Submissions (as defined below) will be declared null and void and that
Contestant will not be awarded any prize that he/she might have been entitled to receive.

3. HOW TO PARTICIPATE IN THE CONTEST:

9

a. Entry Periods. To enter during the Entry Period, a Contestant must post an answer
on his/her Twitter account to the question “tell us why you deserve free one-on-one
job search coaching?” using the hashtags #brandofyou and #53enter (the “Entry
Period Submission”). The Contestant may include an image or video as part of his/her
Submission.

b. Live Events. To enter during a Live Event, the Sponsor will ask Contestants to do the
following:

i. Post the Contestant’s answer to a single Fifth Third Bank job interview
question @FifthThird on Twitter by tweeting the answer, posting an image,
and/or by posting a video using Twitter’s native video feature. Contestant must
tweet his/her answer to the interview question with or without an image and/or
a video lasting no more than 30 seconds with the hashtags #brandofyou and
#53enter (the “Live Event Job Interview Submission”). By submitting a Live
Event Job Interview Submission, Contestant agrees that Sponsor may post
excerpts at its sole and absolute discretion of a Live Event Job Interview
Submission on 53.com/BrandOfYou (the “Website”).

ii. Ask Contestants @FifthThird on Twitter to post their “Twitter Resumé” where
the Contestant will communicate his/her personal brand on his/her Twitter
account using the hashtags #brandofyou and #53enter (the “Live Event Job
Resumé Submission”). The Live Event Job Resumé Submission may be
posted in text, image or video as set forth in Section 3.B.i. of these Official
Rules. By submitting a Live Event Job Resumé Submission, Contestant agrees
that Sponsor may post excerpts at its sole and absolute discretion of a Live
Event Job Resumé Submission on the Website. The Contestant may include
an image or video as part of his/her Submission.

Entry Period Submissions, Live Event Job Interview Submissions and Live Event Job Resumé
Submissions are collectively referred to herein as “Submissions.”

Each Submission must comply with the Contest Submission Guidelines and Content Restrictions
set forth in Section 4 hereof and with the rest of these Official Rules.

Limit one (1) Submission per day per Twitter handle for each Entry Period. Limit one (1)
Submission per day per Twitter handle for each Live Event. The first Submission received during
an Entry Period or a Live Event will be the Submission judged. All other submissions received
after the first Submission during the same Entry Period or Live Event may receive coaching
responses from NextJob coaches but will not be entered into the Contest. A Submission made
into an Entry Period or Live Event does not carry forward into any future Entry Period(s) or Live
Event(s).

In order to participate in this Contest, a Contestant must have a non-private Twitter account.
There is no cost to create a Twitter account at www.twitter.com. Creation of a Twitter account
requires Contestant to agree to Twitter’s Terms of Service and Privacy Policy, available at
www.twitter.com/tos and www.twitter.com/privacy, respectively. Due to the way Twitter operates
its services, Submissions from a Twitter user with "protected" updates (i.e., Contestant has set
his/her account so that only people the Contestant has approved can view his/her updates) will
not be received or entered into the Contest.

By submitting a Submission and using the hashtags set forth above, Contestant hereby agrees to
the terms and conditions set forth in these Official Rules. By participating in the Contest,
Contestant understands that he or she is providing his or her information to Sponsor and not
Twitter. Contestant also consents to being contacted by the Sponsor. Further, Contestant

10

specifically agrees to release Twitter from any and all liability associated with this Contest. This
Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.

IMPORTANT: Message and data rates may apply if a Contestant enters this Contest on his/her
mobile device. Not all mobile telephone/wireless providers carry the service necessary to
participate in this Contest. Contestants should consult their wireless provider’s pricing plans.
Mobile entry is not required to enter or win a prize in this Contest.

4. CONTEST SUBMISSION GUIDELINES AND CONTENT RESTRICTIONS:

O. Each Submission must be in English;
P. Each Submission must be in formats and sizes acceptable to Twitter;
Q. If there is a video in the Submission, the video must be no longer than thirty (30)

seconds in length;
R. Each Submission must not contain any names, likenesses, photograph(s), videos of any

other person except the Contestant;
S. Each Submission must be original text, video or images created solely by the

Contestant, and may not be plagiarized, have been previously published or have
previously won a prize or award;
T. Each Submission must not have been submitted previously in a Contest of any kind or
exhibited or displayed publicly through any means;
U. Each Submission must not contain material that violates or infringes another's rights,
including but not limited to privacy, publicity, copyrights, trademarks or other intellectual
property rights;
V. The Submission must not feature brand names or trademarks other than those owned
by Sponsor or NextJob, which Contestant has a limited license to use to incorporate in
his/her Submission in this Contest;
W. Each Submission must not disparage Sponsor, Administrator, or any other person or
party affiliated with the Contest and administration of this Contest, or any of their
respective products and/or brands;
X. Each Submission must not in any way, either visibly or otherwise, contain any brand
names, logos or trademarks other than those of Sponsor, which each Contestant has a
limited license to use to incorporate into its Submission;
Y. Each Submission must not include any personally identifiable information (full name, e-
mail address, telephone number, etc.);
Z. Each Submission or any other posting on a Contestant’s Twitter handle, in the
Sponsor’s sole and absolute discretion, must not promote use of alcohol by minors,
illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any
activities that may appear unsafe or dangerous, or any particular political agenda or
message;
AA. Each Submission or any other posting on a Contestant’s Twitter handle, in the
Sponsor’s sole and absolute discretion, must not contain content that is inappropriate,
indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or
libelous; that promotes bigotry, racism, hatred or harm against any group or individual or
promotes discrimination based on race, gender, religion, nationality, disability, sexual
orientation or age; and
BB. Each Submission or any other posting on a Contestant’s Twitter handle, in the
Sponsor’s sole and absolute discretion, must not contain material that is unlawful, in
violation of, or contrary to the laws or regulations in any jurisdiction where the
Submission is created.

NOTE: If any entry/Submission fails to comply with any of these submission requirements or any
other provisions of these Official Rules, Sponsor and Administrator reserve the right to disqualify
the Contestant.

11

5. SPONSOR’S AND NEXTJOB IP AND GENERAL SUBMISSION TERMS: Sponsor and
NextJob grant Contestants a limited, revocable, non-sublicensable license to use Sponsor’s
name, products, trademarks and logos (collectively, “Sponsor’s and NextJob’s IP”) for the
sole purpose of participating in this Contest. Contestants are not permitted to make any
further use of Sponsor’s and NextJob’s IP for any purpose whatsoever. In addition,
Contestants recognize that all rights, title, and interest in Sponsor’s and NextJob’s IP shall
remain exclusively with the Sponsor, and Contestant agrees that he or she has not and will
not take any action that might harm or adversely affect such rights. No right, title or interest in
and to Sponsor’s and NextJob’s IP except for the limited license granted to Contestant in
these Official Rules is transferred or created. Each Contestant further acknowledges and
agrees that Sponsor’s and NextJob’s IP rights are valid and enforceable, and that Contestant
shall do nothing to challenge the validity or enforceability of Sponsor and NextJob’s IP in any
forum. Contestants agree that the use of Sponsor’s and NextJob’s IP is permitted only for the
purpose of making a Submission in this Contest, and that any use of Sponsor’s and NextJob’s
IP (whether in the Submission or otherwise) beyond this scope infringes the rights of Sponsor
and will result in irreparable harm to Sponsor and/or NextJob.

Submissions generated by script, macro or any other automated means are void. Contest Entities
are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled,
delayed or misdirected Submissions – all of which will be void. In the event of a dispute as to any
Submission, the authorized account holder (determined at time of the entry) of the Twitter
account used to make the Submission will be deemed to be the Contestant. The "authorized
account holder" is the natural person assigned the social media account by Twitter or the
applicable social media service or other organization responsible for assigning Twitter handles
associated with the Submission. Each Contestant may be required to show proof of being an
authorized account holder. Sponsor reserves the right to disqualify any Contestant and/or
Submission.

By entering the Contest and/or accepting a Prize (as defined in Section 7 hereof), Contestant
hereby understands and agrees that, at Sponsor’s sole discretion, his/her entry/Submission may
be posted to the Website, Sponsor’s Twitter account, or other websites associated with the
Contest. Submitting an entry/Submission constitutes Contestant’s consent to give Sponsor a
royalty-free, irrevocable, perpetual, nonexclusive license to use, reproduce, modify, publish or
create derivative works from and display the entry in whole or in part, on a worldwide basis, and
to incorporate it into other works, in any form, media or technology now known or later developed,
including for promotional or marketing purposes. If requested, Contestant will sign any
documentation that may be required for Sponsor or its designees to make use of the
nonexclusive rights Contestant is granting to use the entry. This license expressly includes a right
(but not the obligation) for Sponsor to modify Submissions to remove any third-party intellectual
property. Further, the Sponsor, at its sole discretion, may add or remove any Submission from
the Website, Twitter accounts, or any Contest related website(s) at any time for whatever reason.
The displaying of an Submission on the Twitter account, Website or any Contest-related website
does not constitute verification of eligibility or compliance with these Official Rules and all
Submissions and Contestants remain subject to verification of eligibility and compliance with
these Official Rules as determined by Sponsor at its sole discretion.

6. JUDGING WINNER SELECTION: After the end of each Entry Period and Live Event, all
Submissions entered into the Entry Period or Live Event, as applicable, will be judged by a
panel of qualified judges who have experience in human resources as selected by
Administrator (the “Judges”) in its sole discretion. Entries will not be judged based on any
prohibited basis. The Judges will score each Submission according to the following judging
criteria: (a) Clarity of Expression & Succinct Communication: 33%; (b) Understanding of
Career Goals & Focus: 33%; and (c) Articulation of Contestant’s Personal Brand: 34%. The
eighty (80) Submissions for each Entry Period and the fifty (50) Submissions for each Live
Event that receive the highest score from the Judges will be deemed to be potential Prize

12

winners, pending verification of eligibility and compliance with these Official Rules. In the
event of any ties, the highest score in criterion (c) “Articulation of Contestant’s Personal
Brand” will be used to break any ties. If there is still a tie, then the highest score in criterion
(b) “Understanding of Career Goals & Focus” will be used to break any ties. Sponsor’s and
Administrator’s decisions as to the administration and operation of the Contest and the
selection of the potential winners are final and binding in all matters related to the Contest.

7. PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):

a. Prizes: 80 Prizes for each Entry Period, 800 for all ten Entry Periods; 50 Prizes for
each Live Event, 200 Prizes for all four Live Events; Total of 1,000 Prizes awarded for
the Contest: Each “Prize” is a “NextJob Scholarship,” which consists of: up to 16 weeks
of specialized one-on-one job search training, JobTalk, podcasts, personality and career
testing, creation of LinkedIn and Twitter profiles, and access to the online Millennial job
search system.

B. ARV: The ARV for each Prize is $1,000. The total ARV for all Prizes in this Contest is
$1,000,000.

C. Maximum of one (1) Prize per Contestant/household during the entire Contest Period. No
more than the number of Prizes set forth in Section 7A hereof will be awarded. All Prizes
will be awarded provided that there is a sufficient number of valid Submissions. A Prize is
non-assignable and non-transferable, and a Prize is not substitutable and not redeemable
for cash, except that Sponsor reserves the right to substitute a Prize of equal or greater
value in case of unavailability of a Prize, or force majeure. If a winner does not wish to
accept the entire Prize, the winner will not receive any cash for accepting a portion of the
Prize. At no point will a cash alternative to a Prize or Prize element be available. Contest
Entities shall not be held responsible for any delays in awarding Prizes for any reason.
Federal, state and local taxes, if any, are the sole responsibility of each winner.

8. PRIZE FULFILLMENT: Each potential Prize winner will receive a tweet via Twitter from the
Sponsor on or about the notification date set forth in Section 1 hereof to his/her Twitter
Account. Potential Prize winners will be given a link to a redemption portal where they can
log-in using their Twitter account and register to redeem the Prize by entering the following
information: complete first and last name, street address (no P.O. Boxes), city, state, ZIP
Code, e-mail address, and checking a box agreeing to these Official Rules and that the
Contestant is 18 years of age or older. Potential winners must go to the redemption portal
and complete the registration information within four (4) days after the date of the tweet or the
potential winner will forfeit his/her Prize and the Submission with the next highest score for
that Entry Period or Live Event will be deemed the alternate potential Prize winner, time
permitting.

Each potential Prize winner will receive an Affidavit of Eligibility, Liability Release, and, where
permitted by law, a Publicity Release (collectively, the “Documents”) to his/her e-mail account.
The Prize winner will be required to complete and return the Documents to the Administrator
within four (4) days from the date that the Documents are sent by e-mail. If a potential Prize
winner does not return the fully executed documents within four (4) days, an e-mail notification is
returned undeliverable, or if potential Prize winner is found to be ineligible or is non-compliant
with these Official Rules for any reason, then the potential Prize winner forfeits the Prize and the
Submission with the next highest score for that Entry Period or Live Event will be deemed the
alternate potential Prize winner, time permitting.

After receipt of the fully executed Documents and confirming that the Prize winner is eligible to
receive the Prize, Administrator will e-mail the winner the Prize redemption code with instructions
on how to redeem their prize.

13

Any potential Prize winner may be required to furnish proof of identification. Sponsor reserves the
right to announce any Prize winners at such time as Sponsor has verified and/or confirmed such
winners in its sole discretion, and Sponsor may announce no winners in the event no winner has
been verified and/or confirmed.

It is the Participant’s sole responsibility to ensure that they have complied in full with all conditions
and requirements contained in these Official Rules. Prizes will only be awarded to verified
winners. If any potential Prize winner is found to be ineligible, or if he/she has not complied with
these Official Rules, or declines a prize for any reason prior to award, such potential winner will
be disqualified and the prize forfeited, except that Sponsor, using the criteria set forth in Section 6
will attempt to select and contact up to three (3) alternates in order to award the Prizes.

PRIZES NOT CLAIMED OR THAT ARE FORFEITED WILL NOT BE AWARDED, EXCEPT THE
PRIZES WHICH MAY BE AWARDED TO AN ALTERNATE WINNER.

9. NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall a
Submission into the Contest, the awarding of a Prize, or anything in these Official Rules be
construed as an offer or contract of employment with Sponsor and/or Administrator.

10. LIMITATION OF LIABILITY: By participating in this Contest, Contestants agree that the
Contest Entities and each of their respective affiliates, subsidiaries, Contestants, consultants,
contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing
agencies, website providers and each of their respective officers, directors, stockholders,
employees, Contestants, designees and agents (“Released Parties”), including Twitter, are
not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable
e-mail notifications or postal mail; (ii) any computer, telephone, satellite, cable, network,
electronic or Internet hardware or software malfunctions, failures, connections, or availability;
(iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility,
availability or traffic congestion; (iv) any technical, mechanical, programming, printing or
typographical or other error; (v) the incorrect or inaccurate capture of registration information
or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, technical
error, theft or destruction or unauthorized access to the Contest; (vii) any injury or damage,
whether personal or property, to Contestants or to any person's computer related to or
resulting from participating in the Contest and/or accepting a prize; and (viii) entries that are
late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged,
garbled or otherwise not in compliance with the Official Rules. Further, the Contest Entities
are not responsible for any undelivered e-mails, including without limitation, e-mails that are
not received because of a Contestant’s privacy or spam filter settings that may divert any
winner notification or other Contest related e-mail to a spam or junk folder.

By entering the Contest, each Contestant agrees: (i) to be bound by these Official Rules,
including Submission requirements; (ii) to waive any rights to claim ambiguity with respect to
these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding
against any of the Released Parties in connection with the Contest; and (iv) to forever and
irrevocably agree to release, defend, indemnify and hold harmless each of the Released Parties
from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines,
penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees)
that may arise in connection with: (a) the Contest, including, but not limited to, any Contest-
related activity or element thereof, participation or inability to participate in the Contest; (b) the
violation or infringement of any third-party privacy, personal, publicity or proprietary rights,
including without limitation any copyright or trademark; (c) acceptance, attendance at, receipt,
travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse,
inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the

14

use of a prize (or any component thereof); (d) any change in the prizing (or any components
thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part
of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing
(or any element thereof); or (h) the negligence or willful misconduct by a Contestant.

If, for any reason, the Contest is not capable of running as planned, or the integrity and or
feasibility of the Contest is severely undermined by any event beyond the control of Sponsor,
including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act
of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or
undeclared), terrorist threat or activity, or any federal, state or local government law, order, or
regulation, order of any court or jurisdiction, infection by computer virus, unauthorized
intervention, technical failures or other cause not reasonably within the control of Sponsor (each a
“Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute
discretion, to abbreviate, cancel, terminate, modify or suspend the Contest and/or proceed with
the Contest, including the selection of winners in a manner it deems fair and reasonable,
including the selection of winners from among eligible Submissions received prior to such
cancellation, termination, modification or suspension without any further obligation provided a
sufficient number of eligible Submissions are received.

Without limiting the foregoing, everything regarding this Contest, including the prizes, is provided
“as is” without warranty of any kind, either express or implied, including but not limited to, the
implied warranties of merchantability, fitness for a particular purpose or non-infringement.

11. GOVERNING LAW/DISPUTES: THIS CONTEST IS GOVERNED BY, AND WILL BE
CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF OHIO, AND THE
FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN HAMILTON COUNTY, OHIO. IF
THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT
DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING
ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN
ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT
VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN
ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE
EXPERIENCED AND LICENSED TO PRACTICE LAW IN OHIO. ALL PROCEEDINGS
BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN HAMILTON
COUNTY, OHIO. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL
DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER
PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE
DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES
OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS
AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
CONTESTANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY CONTESTANT
AND/OR CONTEST ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND
FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE
OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

12. PRIVACY POLICY: Any personally identifiable information collected during a Contestant’s
participation in this Contest will be collected by Sponsor or its agent and used by Sponsor, its
affiliates, agents and marketers for purposes of the proper administration and fulfillment of the
Contest as described in these Official Rules and in accordance with Sponsor's Privacy Policy
as stated at https://www.53.com/privacy-security/

13. WARRANTY AND INDEMNITY: Contestants warrant that their Submissions are original, that
the Contestant is the sole and exclusive owner and rights holder of the Submission, and that
the Contestant has the right to submit the Submission in the Contest. Each Contestant agrees

15

not to submit any Submission that (1) infringes any third-party proprietary rights, intellectual
property rights, industrial property rights, personal or moral rights or any other rights, including
without limitation, copyright, trademark, patent, trade secret or confidentiality obligations or (2)
otherwise violates any applicable federal, state, or local laws, rules, or regulations. To the
maximum extent permitted by law, each Contestant on behalf of himself/herself indemnifies
and agrees to keep indemnified the Released Parties at all times from and against any and all
liability, claims, demands, losses, damages, costs and expenses resulting from any act,
default or omission of the Contestant or breach of any warranty set forth herein. To the
maximum extent permitted by law, each Contestant agrees to defend, indemnify and hold
harmless Released Parties 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 Contestant 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, or (b) any misrepresentation made by the Contestant in
connection with the Contest.

Each Contestant further agrees to release and hold harmless the Released Parties from any and
all claims that any advertising subsequently produced, presented, and/or prepared by or on
behalf of Sponsor infringes Contestant's rights with regard to any Submission. Although each
Submission will be reviewed by Sponsor before being judged, posted or published, the posting or
publication of a Submission does not mean the Submission has been deemed to be in
compliance with these Official Rules. Any Submission that does not comply with these Official
Rules or that otherwise contains prohibited or inappropriate content as determined by Sponsor, in
its sole and absolute discretion, will be disqualified, and if posted on the Sponsor’s Twitter
account, Website or any websites related to this Contest, removed there from.

14. GENERAL: Any attempted form of participation in this Contest other than as described herein
is void. If it is discovered that a Contestant has registered or attempted to register more than
once using multiple Twitter accounts, telephone numbers, multiple identities, IP addresses,
use of proxy servers, or like methods of Submission, all of the Submissions will be declared
null and void and that Contestant will not be awarded any prize that he/she might have been
entitled to receive. All Submissions become the sole property of Sponsor and will not be
returned. If, for any reason, the Contest is not capable of running as planned, Sponsor
reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest
and/or proceed with the Contest, in a manner it deems fair and reasonable, including the
selection of winners from among eligible Submissions received prior to such cancellation,
termination, modification or suspension. By entering this Contest, each Contestant agrees to
abide by and accept these Official Rules throughout the Contest Period and the decisions of
Sponsor and/or Administrator, which shall be final and binding in all matters relating to this
Contest. Each Contestant agrees to waive any right to claim ambiguity in these Official Rules.
In no event will more Prizes be awarded than are stated in these Official Rules. Contest is
subject to all federal, state and local laws and regulations. Sponsor reserves the right to
disqualify any individual found, in its sole opinion, to be tampering with the operation of the
Contest; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike
manner or with the intent to disrupt the normal operation of this Contest. Any use of robotic,
automatic, macro, programmed, third party or like methods to participate in the Contest will
void any attempted participation effected by such methods and the disqualification of the
individual utilizing the same.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD
SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR
OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO
THE FULLEST EXTENT PERMITTED BY LAW. All Submissions and/or materials submitted

16


Click to View FlipBook Version