2016 Bank Mutual Milestone Summer Contest Rules The sponsor of the 2016 Bank Mutual Milestone Summer Contest (the Contest ) is Bank Mutual (the Bank ), 4949 W. Brown Deer Road, Milwaukee, WI 53223. The Contest is in no way sponsored, endorsed, or administered by, or associated with, Instagram or Twitter. By entering a submission into this Contest in the manner described below, all entrants agree to be bound by the following rules. Eligibility. An entrant must be (A) 18 years of age or older and (B) a legal resident of the fifty (50) United States or the District of Columbia to enter this Contest. Employees of the Bank and the Bank s affiliates or subsidiaries are not eligible to enter or be awarded a prize. The Contest is subject to all applicable federal, state, and local laws and regulations. No purchase is necessary to enter or win. The purchase of a Bank product will not increase the odds of winning. Void where prohibited. Submitting an Entry. To enter the Contest, an entrant must have internet access and an e- mail address. Entrant must either (A) post a photo during the Contest Entry Period (defined below) via Twitter or Instagram, including the hashtag #MILESTONESUMMER or (B) upload a photo directly through the Contest tab on the Bank s website on the page at www.bankmutual.com/milestonesummer (the Contest Website ). Photos posted or uploaded as described in the previous sentence will be reviewed by the Bank and, if they adhere to these Official Rules, they will be posted on the Bank s Contest Website page containing the photos included in the Contest (the Contest Hashtag Gallery ). If a photo was posted via Twitter or Instagram under (A) above, entrant must also do one of the following for the photo to be entered into the Contest: (1) complete the registration form sent in a comment or reply via Offerpop or (2) select Click here to claim it! on the Contest Hashtag Gallery on the Contest Website and complete the registration form that appears. If a photo was shared on the Contest Website under (B) above, entrant must complete the registration form on the Contest Website at the time the photo is uploaded for the photo to be entered into the Contest. Only photos appearing in the Contest Hashtag Gallery, which adhere to these Official Rules and for which entrant has submitted a complete registration form, will be officially entered into the Contest and will hereafter be referred to as Photo(s) or Entry/ies, and the person(s) submitting such Photo(s) or Entry/ies will hereafter be referred to as the Entrant(s). All submissions must be made and received electronically between 12:00:01 a.m. CST on June 15, 2016 and 11:59:59 p.m. CST on September 5, 2016 (the Contest Entry Period ). The computer of the Contest administrator is the official time-keeping device of the Contest. Unlimited photos per entrant during the Contest Entry Period will be accepted. Photos posted on Twitter or Instagram which do not include the hashtag #MILESTONESUMMER, photos submitted by entrants who do not complete the registration form, and photos which do not adhere to these Official Rules will not be entered into the Contest. All fields marked with an asterisk (*) on the registration form are required to be completed. These required fields include first name, last name, e-mail address, and an author
name and caption for the photo, and entrant must also select the box stating that entrant has read and agreed to the Official Rules. The person associated with the unique user account on Instagram or Twitter on which the Photo is posted is considered the entrant. Entrants who enter via Instagram and Twitter are providing information to the Bank and not to Instagram and Twitter. Photos posted using the hashtag #MILESTONESUMMER must come from social media accounts with privacy settings that allow non-followers to see posts for judging and entry purposes. If entrant submits the Photo through the Contest Website, the person associated with the e-mail account provided on the registration form is considered the entrant. An entrant may use only one e-mail address in connection with the Contest. The Bank assumes no responsibility or liability for incorrect or inaccurate entry information, technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the Contest: Hardware or software errors; faulty computer, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, or hosts; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; lost, late, delayed or intercepted online transmissions; inaccessibility of the Bank s website in whole or in part for any reason; traffic congestion on the Internet or the Bank s website; unauthorized human or non-human intervention in the operation of the Contest, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Contest. The Bank is not responsible for any personal injury or property damage or losses of any kind which may be sustained to an entrant s computer related to or resulting from downloading any material related to or participating in the Contest, all of which may affect a person s ability to participate in the Contest. Themes and Requirements of Entries. The Contest will contain various themes, each of which will be applicable for a two-week period of time. Photos which represent the theme applicable at the time the Photo is posted are encouraged. The various themes and the time frames in which they apply, each of which shall hereafter be referred to as a Two-Week- Themed Period, are as follows: June 15, 2016 June 30, 2016: Festivals/Music July 1, 2016 July 15, 2016: Sports July 16, 2016 July 31, 2016: Water August 1, 2016 August 15, 2016: Family August 16, 2016 September 5, 2016: Outdoors An Entry MAY NOT contain, as determined by the Bank, in its sole discretion, any content that: Is obscene or offensive, contains pornographic material, contains specific threats of violence against others, threatens or harasses any individual, or entity, or promotes
alcohol, illegal drugs, tobacco, firearms/weapons, or any activities that may appear unsafe or dangerous; Contains defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, age, sexual orientation, or socioeconomic group); Contains commercial products or trademarks, logos, or brands owned by others, without permission; Contains any personal and confidential identification or information that references other entities websites or contact information; Contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images), without permission; Contains the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; Communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; Violates any law; and/or Involves the participant being compensated or granted any consideration by any third party. An Entry must not infringe upon the copyright, trademark, right of privacy, publicity, or other intellectual property or other right of any third party. At the sole discretion of the Bank, any inappropriate or non-compliant photo will be disqualified from the Contest and will not be included in the Contest Hashtag Gallery. Judging Criteria. Contest winners ( Winners ) will be determined by a panel of judges consisting of Bank representatives ( Judges ). The Judges will select the Winners using the following criteria: (a) 40% relevance to the theme applicable to the Two-Week-Themed Period immediately preceding each selection of the Winner(s); (b) 30% representation of the spirit of the Contest and the Bank brand; and (c) 30% originality and creativity. If the Contest cannot be conducted as planned, for any reason, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Bank, and which may corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, then the Bank reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest, in whole or in part, and/or select Winners from among the eligible Entries received prior to the cancellation. Awarding of Prizes (defined below). Winners will be chosen following the conclusion of each Two-Week-Themed Period. All Photos entered, from the beginning of the Contest, will be considered each time Winners are chosen. An Entrant is eligible to win up to one time per each Two-Week-Themed Period, throughout the duration of the Contest Entry Period. All Winners will be notified via e-mail message within three (3) to seven (7) days after the last day of each Two-Week-Themed Period. If a Winner does not respond within 72 hours after the Prize notification is sent, the Prize will be considered forfeited, and an alternate Winner will be
chosen. A Winner may be required to provide valid identification and execute and return a Release of Liability and a ity Release when the Prize is awarded. The failure to submit such information, the return of Prize notification as undeliverable, or noncompliance with these Official Rules may result in such Winner being disqualified. In that event, the Bank shall have no further obligation to that Winner, and an alternate Winner will be selected. PRIZES ( Prize(s) ): The Prizes will be relevant to the themes of the Two-Week-Themed Periods to which they apply. If the value of a Prize is over $600.00, the value will be reported as income on an IRS Form 1099-MISC for the Winner of that Prize, and, as a condition of receiving his or her Prize, each such Winner will be required to provide the Bank with a completed and signed IRS Form W-9. Each Winner will be responsible for any and all taxes associated with his or her Prize. No cash equivalents, transfers, or substitution of Prizes is permitted. The Bank reserves the right to modify Prize award procedures at its discretion. The odds of winning are based on the number of eligible Entries received during the Contest Entry Period. Use of Entries. By entering this Contest, Entrant grants to the Bank the exclusive right to use and reproduce, without compensation or attribution, and without the right of review, notification, or approval, his or her name and Entry and/or Prize information in media products, including but not limited to newsletters, photo displays, promotional materials, television spots, social media sites, websites, and videos, as well as for public relations, advertising, and promotional purposes, as may be determined by the Bank. Entrant agrees that the Bank may edit his or her Entry in any manner it deems suitable. By entering this Contest, Entrant also represents that every person appearing in his or her Entry has consented and agreed to appear therein and have their name and/or likeness appear or be used and exhibited without compensation or attribution in media products, including but not limited to newsletters, photo displays, promotional materials, television spots, social media sites, websites, and videos, in the manner set forth in these Official Rules, for the purpose of this Contest, as well as for public relations, advertising, and promotional purposes, as may be determined by the Bank. If any minor appearing in the photo is not the child or legal ward of Entrant, Entrant is responsible for obtaining written consent to the assertions in this paragraph from such minor s parent or legal guardian prior to submitting his/her Entry into this Contest. By entering this Contest, Entrant agrees that the Entry is his or her original work or, if Entrant was not the photographer of his or her Entry, Entrant represents that he or she has obtained the permission of the photographer who took the Photo to upload the Photo into this Contest as the Entrant s Photo. If the Entry contains any material or elements that are not owned by Entrant, and/or which are subject to the rights of third parties, Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by the Bank in the manner set forth in these Official Rules. The Bank reserves the right to request proof of these permissions and consents in a form acceptable to the Bank from any Entrant at any time. The Bank is not responsible for any unauthorized use of Entries by third parties.
Limitations of Liability and Release and Indemnification. Any entrant and Winner, on behalf of themselves, their executors, heirs, and assigns, agrees to release, discharge and hold the Bank and Twitter and Instagram, and any of the Bank s affiliates, officers, directors, employees, agents, and representatives (collectively, the Released Parties ) harmless from and against any and all claims, losses, liability, costs, or damages, of any kind, to persons or property, actual and consequential, known and unknown, direct and indirect, including reasonable attorneys fees, arising out of or in any way related to the participation in the Contest and the Winner s acceptance and use of the Prize. WITHOUT LIMITING THE EFFECTIVENESS OF THE FOREGOING, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE, INCLUDING ATTORNEY S FEES, WHICH ENTRANT MAY INCUR OR SUFFER IN CONNECTION WITH PARTICIPATION IN THE CONTEST OR WHICH WINNER MAY INCUR OR SUFFER IN CONNECTION WITH WINNER S ACCEPTANCE AND USE OF THE PRIZE, WHETHER OR NOT THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN OR CONTEMPLATED BY THE RELEASED PARTIES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY THAT ENTRANT OR WINNER MAY ASSERT. ENTRANTS AND WINNERS FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED. Furthermore, any Entrant and Winner, on behalf of themselves, their executors, heirs, and assigns, agrees to indemnify and hold the Released Parties harmless against any and all liability, including reasonable attorneys fees, arising out of or resulting from the Bank s use of his or her Entry, including, without limitation, any claim brought by the photographer, any claim brought by or on behalf of any person appearing in the Entry, any claim regarding any thirdparty rights in the Photo, any claim arising out of a breach of Entrant s representations set forth in these Official Rules or Entrant s violation of any law or the rights of a third party, or any claim based on publicity rights, defamation, or invasion of privacy. The Bank s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Choice of Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and the Bank in connection with the Contest, or any disputes arising out of or connected with the Contest, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the substantive laws of the State of Wisconsin, without regard to its conflict of laws and rules. Any action relating to this Contest shall be initiated only in the state and federal courts located in Milwaukee, Wisconsin (USA). Entrant consents to the personal jurisdiction of such courts and waives any and all objections thereto.