BMO Harris Bank Application Cheer Challenge Official Contest Rules NO PURCHASE OR TRANSACTION NECESSARY TO APPLY. PURCHASES OR TRANSACTIONS WILL NOT IMPROVE YOUR GROUP S CHANCES OF BEING SELECTED TO PARTICIPATE IN THE RACE DAY CONTEST. Name of Contest: The name of this contest is the BMO Harris Bank Application Cheer Challenge Contest (the Application Contest ). The Application Contest is sponsored by BMO Harris Bank N.A. ( BMO Harris or the Sponsor ). Eligibility: Under the Application Contest, eligible groups may submit an application to the Sponsor to participate in the Madison Mini Marathon by operating an aid station along the marathon route. Any such groups invited by the Sponsor to participate in the Madison Mini Marathon (referred to herein as Aid Station Groups ) are automatically eligible to participate in the separate BMO Harris Bank Race Day Aid Station Cheer Challenge Contest (the Race Day Contest ). The Application Contest is open to community based groups with operations in the state of Wisconsin. Types of community based groups that are eligible to apply include, but are not limited to, non-profit organizations, school groups and clubs. For-profit groups are eligible to participate in the Application Contest; however, any prize money awarded in connection with the separate Race Day Contest must be donated to a non-profit organization or cause approved by BMO Harris and Madison Mini Marathon event organizers. Only groups that designate a captain that is at least 18 years of age or older will be considered. BMO Harris sponsored employee groups are ineligible to participate, however, employees of BMO Harris and its affiliates may join eligible groups. BMO Harris will not consider applications from any non-profits/organizations that employ discriminatory practices. Group members under 18 are eligible to participate as long as any such members are adequately supervised by a team captain that is at least 18 years or older. Each Aid Station Group will be assigned to one of 10 aid stations along the course route for the Madison Mini Marathon. Aid Station Groups are responsible for the setup, execution and tear down of their aid station, along with the supervision of each participant or group member. The focus of the aid stations is to supply the runners with water and refreshments while motivating them with enthusiasm and spirit! The team captain for each Aid Station Group will meet with a race official a week or two prior to the event. At that time the team captain will be required to provide a brief presentation on the Aid Station Group s theme and plans for organizing its aid station. The Aid Station Groups who execute all of these things the best will have a chance to win more prize money for their organization/charity under the Race Date Contest! How To Apply: To apply, your group must submit a completed official application via bmoharris.com/cheerchallenge prior to 11:59 p.m. Central Time on July 30, 2015 ( Submission Deadline ). Limit one (1) application per group. You may supplement your group s application with related materials. All supplemental materials must be submitted prior to the Submission Deadline and must reference your group s application. Applications received after the Submission Deadline, incomplete applications or applications in excess of the stated limit will be void. All applications must be on an
official application form. All applications become the property of Sponsor and will not be returned. By submitting an application, each Aid Station Group and each group member (a group and its members collectively referred to herein as Participants ) agrees to release, indemnify and hold harmless the Sponsor, Vision Event Management, LLC and Big Dog Events, INC, and their parent companies, subsidiaries, affiliates, and advertising and promotion agencies, and each of their respective officers, directors, and employees, from any and all liability and claims for damages, expenses, injury, harm or death resulting from the Participant s participation in the Application Contest and acknowledges that the Sponsor is not in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the award. Determination of Winning Groups: After the Submission Deadline, a panel of judges appointed by Sponsor will review the applications to determine which groups will be invited to participate in the Madison Mini Marathon and the Race Day Contest. Ten (10) groups will be selected to participate in the Madison Mini Marathon and the Race Day Contest. Award and Winning Group Notification: Each Aid Station Group invited to participate in the Race Day Contest will be awarded $200.00 to be used to decorate its aid station location. Aid Station Groups will be notified of the award by phone and email on or about August 3, 2015. If an Aid Station Group fails or is unable to commit to participate in the Race Day Contest within 5 days of receiving its award notice, the group will be disqualified, the award forfeited and a new group may be selected. If an Aid Station Group is unable to participate in the Race Day Contest for any reason, the award will be forfeited and may be awarded by the Sponsor, in its sole discretion, to an alternate group. No substitutions for or transfers of the award as offered will be permitted. Each Aid Station Group selected to participate in the marathon is automatically eligible to participate in the Race Day Contest. Obligations of Winning Groups: Each Aid Station Group is responsible for any and all costs of redemption or travel to redeem the award, and any liability which might arise from redeeming or seeking to redeem the award. Federal, state, and local taxes are the sole responsibility of the winning groups. If the aggregate value of prizes won in the Application Contest and the Race Day Contest by a group is $600 or more, the group will receive an IRS Form 1099. Each Participant must complete and sign any affidavits, waivers, releases, and or consents deemed necessary by the Sponsor. Failure to return the required documents by the deadline indicated at the time the group receives the documents, the determination that the group is not eligible to receive the award, or the group s refusal or inability to accept the award, will result in disqualification of the group and award forfeiture, and a new group may be declared by Sponsor. Sponsor is not responsible for any change of email address, mailing address and/or telephone number for a Aid Station Group. By accepting the award, each Aid Station Group and each Participant (i) agrees to release, indemnify and hold the Sponsor, Vision Event Management, LLC and Big Dog
Events, INC, and their parent companies, subsidiaries, affiliates, and advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents harmless from and against any claims, damages, losses or liability (including any and all costs and attorneys fees incurred in responding to and/or defending such claims) due to any injuries, damages or losses (including death) to any person or property of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of the award and/or participation in the Application Contest; and (ii) consents to the publication by Sponsor of the name and likeness of the Aid Station Group and each Participant in any type of media without additional consideration. Limitations of Liability: The Sponsor is not responsible for: (a) applications that are lost, late, stolen, damaged, garbled, destroyed, altered or misdirected; (b) causes beyond Sponsor s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Application Contest; (c) incorrect or inaccurate application information caused by Participants; (d) any typographical or other error in any printing or advertising related to the Application Contest, in the administration or execution of the Application Contest, or in the announcement of the winning groups; or (e) cheating or fraud by any person or group. Sponsor shall not be liable to a winning group for failure to supply the award or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid; equipment failure; terrorist acts; air raid; blackout; act of public enemy; earthquake; war (declared or undeclared); fire; flood; epidemic; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor s sole control. Participants agree that (a) under no circumstances will a Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Application Contest, any award or use of any application, shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys fees and court costs. Miscellaneous: By submitting an application, each Aid Station Group and each Participant agrees to abide by and be bound by these Official Contest Rules, and the decisions of the Sponsor, which are final. The Application Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. If for any reason this Application Contest cannot be executed as planned, Sponsor reserves the right to terminate the Application Contest without notice or to abbreviate the Application Contest. If this Application Contest is abbreviated, Sponsor may select the winning groups from the applications received prior to the time at which the Sponsor elected to discontinue accepting applications.
The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Application Contest-related materials and the terms and conditions of these Official Contest Rules, these Official Contest Rules shall prevail, govern and control. All trademarks used herein are the property of their respective owners. BMO Harris Bank Race Day Aid Station Cheer Challenge Official Contest Rules NO PURCHASE OR TRANSACTION NECESSARY TO PARTICIPATE. PURCHASES OR TRANSACTIONS WILL NOT IMPROVE YOUR GROUP S CHANCES OF WINNING. Name of Contest: The name of this contest is the BMO Harris Bank Aid Station Race Day Cheer Challenge Contest (the Race Day Contest ). The Race Day Contest is sponsored by BMO Harris Bank N.A. ( Sponsor ). Race day is August 22, 2015. Eligibility: Only the ten (10) groups selected by the Sponsor to participate in the Madison Mini Marathon by operating an aid station along the marathon route pursuant to the separate BMO Harris Bank Application Cheer Challenge Contest ( Application Contest ) may participate in the Race Day Contest (each group invited to participate in the marathon is referred to herein as an Aid Station Group ). In the event an Aid Station Group is unable to participate, the Sponsor may select an alternate group, in which case the alternate group will be eligible for participation in the Race Day Contest. Participation: The ten (10) Aid Station Groups selected by the Sponsor in the Application Contest will be automatically entered into the Race Day Contest. Participation in the Race Day Contest involves staffing a pre-assigned aid station along the marathon course and handing out water and refreshments to runners. In addition, Aid Station Groups will be responsible for cheering on participants in the BMO Harris Bank Madison Mini Marathon as they run by the assigned aid station. Prior to August 22, 2015, Sponsor will assign to each Aid Station Group a location on the race course ( Designated Location ) to be used by the group during the race to cheer on participants in the race. Aid Station Groups selected to participate in the Race Day Contest will be required to designate a team captain, who will be responsible for attending one to two briefing meetings to review race day logistics, safety and marketing parameters. Captains will be required to submit any themes for their Aid Station Group by August 14, 2015 for approval by BMO Harris and event organizers.
Each Aid Station Group is responsible for its members costumes, props, travel and all other Race Day Contest related expenses. Except for the $200 awarded under the Application Contest, Sponsor will not reimburse an Aid Station Group for such expenses. By participating in the Race Day Contest, each Aid Station Group and each group member (a group and its members collectively referred to herein as Participants ) grants the Sponsor, Vision Event Management, LLC and Big Dog Events, INC the right, without limitation or further permission or compensation, to use and publish the Aid Station Group and each Participant s name and likeness for promotional, advertising, publicity and marketing purposes in any manner in commerce and in any medium now known or hereafter devised throughout the world in perpetuity without limitation and without further notice or approval. Sponsor may require Participants to execute documents to confirm the grant of rights hereunder; failure to do so may result in disqualification from the Race Day Contest. Participants acknowledge that they will not now or in the future be paid or compensated in any way for granting the Sponsor, Vision Event Management, LLC and Big Dog Events, INC any of the rights set out in these Official Contest Rules. Signage, Conduct and Speech: Signage, conduct and speech used by Aid Station Groups at a Designated Location may not (in the opinion of the Sponsor): (a) be sexually explicit or suggestive; (b) be derogatory toward any ethnicity, race, gender, sexual orientation, religion, profession or age group; be obscene, offensive, profane or pornographic; (c) promote alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing); (d) promote any activities that may be unsafe or dangerous; (e) promote any particular political agenda or message; (f) endorse any form of hate or hate group; (g) defame, misrepresent or contain disparaging remarks about Sponsor or its products, or other people, products or companies; (h) contain trademarks, logos or trade dress owned by anyone other than Sponsor, or advertise or promote any brand or product of any kind, without express, written, prior permission of the trademark or brand owner; (i) contain any personally identifiable information, such as license plate numbers, names, email addresses or street addresses; (j) contain copyrighted materials owned by others without express, written prior permission; (k) contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead, without express, written, prior permission; (l) communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to associate; (m) be in violation of any law; (n) conflict with the marketing materials of any sponsor of the race; and (o) be otherwise unacceptable to Sponsor, in Sponsor s sole and absolute discretion. The above list is not intended to be exhaustive. If any signage, conduct or speech includes any of the prohibited elements listed above, or is deemed by Sponsor, in its sole discretion, to be offensive, obscene or unsuitable for public display for any reason, the group will be disqualified from the Race Day Contest and, at Sponsor s sole discretion, may be removed immediately from the Designated Location. Determination of Winning Groups: A panel of judges appointed by Sponsor will evaluate the Aid Station Groups efforts on race day based on the following weighted
criteria: 50% energy and spirit (which includes evaluation of group attitude, enthusiasm, and cheer noise level); and 50% uniqueness and creativity (which includes evaluation of decorations, costumes, props, signs and special themes used). The Aid Station Group with the highest overall score will be awarded the Grand Prize, the group with the second highest overall score will be awarded the First Prize, and the group with the third highest overall score will be awarded the Second Prize. Each group s energy and spirit and uniqueness and creativity will be judged from 7 a.m. CT to noon CT on the day of the race by a panel of judges comprised of BMO Harris Bank, Vision Event Management and community representatives. Prizes: One (1) Grand Prize of $2,500 will be awarded to the Aid Station Group with the highest overall score from the judges, one (1) First Prize of $1000 will be awarded to the Aid Station Group with the second highest overall score from the judges, and one (1) Second Prize of $500 will be awarded to the Aid Station Group with the third highest overall score from the judges. The prizes for the Race Day Contest are in addition to the awards from the Application Contest. No substitutions for or transfers of a prize as offered will be permitted. To the extent that any winning Aid Station Group is a for-profit organization, the prize money awarded in connection with the Race Day Contest must be donated to a non-profit organization or cause approved by the BMO Harris and Madison Mini Marathon event organizers. Announcement of Winning Groups: Sponsor will notify the winners via telephone or email on or about August 22, 2015. The Winners will also be announced at the post race party, via social media and other media outlets such as (press release and radio interview) Obligations of Winning Groups: Each Aid Station Group is responsible for any and all costs of redemption or travel to redeem a prize, and any liability which might arise from redeeming or seeking to redeem a prize. Federal, state, and local taxes are the sole responsibility of the winning groups. If the aggregate value of prizes won in the Application Contest and the Race Day Contest by a group is $600 or more, the group will receive an IRS Form 1099. In exchange for the opportunity to participate in the Race Day Contest, each Aid Station Group and each Participant (i) agrees to release, indemnify and hold the Sponsor, Vision Event Management, LLC and Big Dog Events, INC, and their parent companies, subsidiaries, affiliates, and advertising and promotion agencies, and each of their respective officers, directors, employees, representatives and agents harmless from and against any claims, damages, losses or liability (including any and all costs and attorneys fees incurred in responding to and/or defending such claims) due to any injuries, damages or losses (including death) to any person or property of any kind resulting in whole or in part, directly or indirectly, from the acceptance, possession, misuse or use of a prize and/or participation in the Race Day Contest. Limitations of Liability: The Sponsor is not responsible for: (a) causes beyond Sponsor s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Race Day Contest; (b) any typographical or other error
in any printing or advertising related to the Race Day Contest, in the administration or execution of the Race Day Contest, or in the announcement of the winning groups; or (c) cheating or fraud by any person. Sponsor shall not be liable to a winning group for failure to supply a prize or any part thereof, by reason of any acts of God; any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid; equipment failure; terrorist acts; air raid; blackout; act of public enemy; earthquake; war (declared or undeclared); fire; flood; epidemic; explosion; unusually severe weather; hurricane; embargo; labor dispute or strike (whether legal or illegal); labor or material shortage; transportation interruption of any kind; work slow-down; civil disturbance; insurrection; riot; or any other cause beyond Sponsor s sole control. Each Participant agrees that (a) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (b) all causes of action arising out of or connected with this Race Day Contest or any prize shall be resolved individually, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys fees and court costs. Miscellaneous: By participating in the Race Day Contest, each Aid Station Group and each Participant agrees to abide by and be bound by these Official Contest Rules, and the decisions of the Sponsor, which are final. The Race Day Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. If for any reason this Race Day Contest cannot be executed as planned, Sponsor reserves the right to terminate the Race Day Contest without notice or modify the Race Day Contest. If this Race Day Contest is modified, Sponsor will communicate the changes to the groups at Sponsor s earliest convenience. The invalidity or unenforceability of any provision of these Official Contest Rules shall not affect the validity or enforceability of any other provision. In the event any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Contest Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Race Day Contest-related materials and the terms and conditions of these Official Contest Rules, these Official Contest Rules shall prevail, govern and control. All trademarks used herein are the property of their respective owners.
13928883.2