Charles Schwab & Co., Inc. s My Modern Wealth Contest OFFICIAL RULES

Transcription

1 Charles Schwab & Co., Inc. s My Modern Wealth Contest OFFICIAL RULES NO PURCHASE NECESSARY to enter or win. The My Modern Wealth Contest ( Contest ) begins at 12:01 a.m. Eastern Time ( ET ) on 2/12/2018 and ends at 11:59:59 p.m. ET on 2/23/2018 ( Promotion Period ). The Contest is sponsored by Charles Schwab & Co., Inc. ( Schwab or the Sponsor ). The Contest is governed by these Official Rules, is subject to all applicable U.S. federal, state and local laws, and is void wherever prohibited by law. In order to enter the Contest or to receive the prize, you ( Entrant ) must fully comply with the Official Rules, and by entering you agree to be bound by these Official Rules and the decisions of Sponsor, whose decisions shall be binding and final in all respects. This promotion is in no way sponsored, endorsed, or administered by, or associated with, Twitter. You understand that you are providing your information to Sponsor and not to Twitter. The information you provide will be used consistent with Sponsor s Privacy Policy. 1. Eligibility Participation in the Contest is limited to persons aged eighteen (18) or older, who have reached the age of majority in their place of residence, and who are legal residents of and physically residing in the 50 United States or the District of Columbia. Please note that the following individuals are not eligible: Employees, agents, or representatives of Sponsor, another FINRA member firm, any U.S. stock, option, or commodity exchange, or any agencies that have Contest-related responsibility; and employees of any of their respective parents, subsidiaries, or affiliates. Any member of the household or immediate family of any excluded employee. Immediate family shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. Promoters or participants in the Contest who have a personal services agreement with Schwab or are affiliated with a business or property that Schwab sponsors. Influencers whom Sponsor has contracted with to provide content and to promote the Contest on their social networks and other public channels, and friendlies from whom we have solicited content for this promotion. 2. How to Enter To enter the Contest, (i) visit the website (ii) click on the social sharing button to connect to your Twitter account, and (iii) submit a video or image, with text of 280 characters or less, responding to what wealth means to me. PLEASE NOTE: All entries must include the following hashtags: #MyModernWealth #Contest. See below for additional details and Submission Requirements. All submissions must be received by 11:59:59 p.m. ET on February 23, Users may submit one (1) entry per day during the Promotion Period, but each entry must be unique (i.e., no duplicate entries) and must comply with all other terms and conditions outlined in these Official Rules. In case of disputed identity, submissions will be deemed to have been made by the authorized account holder of the Twitter account at the time the submission was made, i.e., the natural person who is assigned to the Twitter account. Spredfast, a third party vendor not affiliated with Sponsor, is providing tools to facilitate the Contest, but no information is being shared with Spredfast. Please note that posts will be posted publicly on Twitter

2 for viewing by the general public. 3. Submission Requirements Your submission must be posted using your Twitter account and must include either a video or an image relating to your response to what wealth means to me. For ideas, please see our video on what wealth means to me, available at PLEASE NOTE: All submissions must include the following hashtags: #MyModernWealth #Contest. All posts must adhere to the terms and conditions set forth by Twitter for account holders, including but not limited to any limitations and/or requirements for posting videos and/or images. Each submission (including written or verbal description) must be the Entrant s original creation and should not include copyrighted, trademarked, patented, or previously published material, or include any individuals other than the Entrant. The submission must not contain any proprietary or brand names, logos, music, or trademarks (e.g., no university or school names, sports teams, etc.). Any submission requiring license or usage rights from any third party is not eligible. Submissions cannot defame or invade the rights or privacy of any person, living or deceased, or otherwise infringe upon any third party s personal, proprietary or intellectual rights. Submissions must be consistent with the Sponsor s brand reputation in the marketplace and must be suitable for audiences of all ages. Each Entrant agrees and warrants that his/her submission shall not contain, include or involve any: obscene, crude, vulgar or offensive pictures, depictions, images, language, and/or symbols; gang signs or symbols; violence, weapons, or dangerous stunts; explicit sexual activity; nudity; illegal drugs; trademarks, brands, logos or copyrighted material; license plates, phone numbers, personal addresses (physical or or otherwise); website or web page links; derogatory characterizations of any ethnic, racial, sexual or religious groups or humiliation of other people (publicly or otherwise); assault or threatening of others; trespass or the violation of other people s rights or property; illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress); or reference to, specific investments or investment-related activity. Reference to or depiction of consumption and/or purchase of alcohol is permitted, however Sponsor reserves the right to disqualify submissions that are deemed to reference or depict excessive consumption. If necessary, to mask brand names, logos or trademarks in your photo or video, use an airbrush tool or similar tool. You may include yourself and your children or legal wards in the picture/video, but any other person must be blurred, regardless of the angle. For example, even if only the back of the other person s head is included, the image of the other person must be blurred out. Video may include your (and/or your children/legal wards ) voice, original music created by the Entrant, and any sound related directly to the item, but no other sound (e.g., no copyrighted music, copyrighted ambient noise, etc.). Submissions must be in English. No print or film submissions will be accepted for entry into this Contest. Submissions cannot have been submitted previously in a promotion of any kind or exhibited or displayed publicly through any other means. Conduct or activities in violation of these Official Rules, or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsor in its sole discretion, are subject to disqualification. Submissions that (in the Sponsor s sole discretion) may technically meet the stated criteria but do not reflect the intent and the spirit of the provisions related to participation, may be disqualified without notification by the Sponsor to the Entrant. Entry constitutes Entrant s certification that s/he is the owner of the submission and is able and authorized to submit it. By submitting entry, Entrant agrees to indemnify and hold harmless Sponsor and its

3 parent companies, subsidiaries, affiliates, sales representatives, agencies, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in this Contest from any and all claims, damages, expenses, costs (including reasonable attorney fees) and liabilities (including settlements), resulting from or relating to Entrant s submission, or any information supplied or represented to Sponsor by Entrant. 4. Winner Selection This is not a game of chance. Odds of winning will depend on the number and quality of entries received. Submissions will be screened according to the submission requirements, and the winner will be determined by Schwab representatives based on the Selection Criteria identified below. The Schwab representatives selected to judge the entries will evaluate all eligible submissions applying the following judging criteria: (1) compelling nature of photo/video and text submission: 50%; (2) creativity/originality of submission: 25%; and (3) adherence to Contest assignment (including relationship between video/photo and tweet message): 25%. All potential winners will be subject to further verification of eligibility. All decisions by the judges are final and binding on all entries. The entry receiving the highest score from the judges will be declared the potential winner. In the event of a tie, the tied entry that scores highest for compelling nature of photo/video and text submission will be deemed the potential winner. 5. Winner Notification On or about March 12, 2018, potential winner will be notified by Sponsor using (private) direct message or by replying to the post that Sponsor would like to send a (private) direct message to the potential winner. Following receipt of this direct message, the potential winner will need to provide Sponsor with an address where Sponsor can relay additional instructions. The potential winner must respond within five (5) days of initial notification in order to receive a prize. Prize award is subject to verification of potential winner s identity and eligibility to Sponsor s satisfaction. The potential winner may also be required to execute and return within seven (7) days such documents as Sponsor may reasonably require, for example, Prize Acceptance, Affidavit of Eligibility, and/or Liability, Assignment of Rights and Publicity Release, authorization for background check (which Sponsor will evaluate to determine whether potential winner still qualifies), and authorization for credit check (for winner without an existing Schwab account) or prize will be forfeited and an alternate winner will be selected. In the event that: (a) potential winner cannot be reached for whatever reason or does not respond to two notification attempts, (b) a potential winner is found to be ineligible to enter the Contest, or (c) a potential winner cannot or does not comply with the Official Rules (including delivery of any additional requested documents, referenced above), that potential winner shall be disqualified and an alternate potential winner may be selected, at Sponsor s sole discretion, from among the other eligible entries received. Winner selection is under the supervision of Sponsor, whose decisions are final and binding in all respects. 6. Prizes One (1) First Prize will be awarded on or about March 22, 2018, which prize shall consist of $5, deposited into a Schwab One Brokerage Account. If the winner is an existing Schwab client with a Schwab One Brokerage Account, the prize will be deposited to his/her existing account. If a winner does not have a Schwab One Brokerage Account, PLEASE NOTE that the winner will be required to open such an account in order to receive his/her prize. The standard process for opening an account will be used, which may require a credit check and other verification. Details on the process/necessary information to open a Schwab One Brokerage Account are at

4 Upon distribution of the prize, the funds may be withdrawn, and the Schwab One Brokerage Account may be closed, at any time. WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE. Winners should consult with a tax or legal advisor about the appropriate tax treatment for their prize and any tax implications associated with receipt or donation of prize. Schwab will issue an IRS Form 1099 showing prize as income to winner. A potential winner without a Schwab account will be required to provide his/her full name, address, and Social Security Number as a condition of the prize award so that Sponsor can provide the requisite tax forms. Prize is non-transferable except in the sole discretion of the Sponsor. No substitution or cash equivalent is allowed except in the sole discretion of the Sponsor. Sponsor reserves the right to substitute prizes of the same approximate retail value. Prize consists only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the prize, are the sole responsibility of the winner. 7. Assignment of Rights Each Entrant agrees and acknowledges that s/he has the full right, title, and interest in and to his/her submission, including, but not limited to, all copyrights. By entering, Entrant grants a non-exclusive, irrevocable, fully assignable, royalty-free license to Sponsor to use, assign, re-license, reproduce, modify, publish, create derivative works from, and display such submission, 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 Contest or marketing purposes, without providing any additional compensation, consideration, or notification to Entrant. Entrant specifically understands that his/her submission will be posted on the Internet for public viewing worldwide. Winner agrees that, as a condition of any prize award, all rights, title, and interest in his or her submission will be transferred exclusively to Sponsor, upon request, and agrees to execute any additional written authorization, assignment, or other papers requested by Sponsor in connection with the transfer and assignment of rights to his/her submission, and any such written papers requested will be required as a condition of obtaining the prize, or another winner will be selected. 8. Release of Liability; Disclaimer of Warranty By participating in the Contest, each Entrant agrees to release and to indemnify and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage or personal injury (including emotional distress), which may occur in connection with preparation for, or participation in, the Contest, participation in any Contest-related activity, or the acceptance, possession or use/misuse of a prize, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy. Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors assume no responsibility for any injury or damage to any Entrant or to any other person s computer, regardless of how caused, relating to or resulting from entering this Contest. Publicity Release. Except where prohibited, acceptance of prize constitutes each Entrant s consent to Sponsor and its agents to use Entrant s name, likeness, submission, voice, opinions and biographical information for publicity, advertising, trade or promotional purposes in any media or manner, without further payment, consideration, notice or approval, unless prohibited by law during or after Promotion Period.

5 9. Conditions of Participation In the event that, as determined in Sponsor s sole discretion, the integrity, intended play or operation of the Contest is impaired or prevented, Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and/or to disqualify any individual at any time, and without prior individual notice, and, if so, Sponsor reserves the right, but not the obligation, to select another potential winner. Sponsor is not responsible for any typographical or other error in the communication or administration of the Contest or in the announcement of the prize, including erroneous winner announcements. In no event will more than the stated number of prizes be awarded. This Contest is intended for viewing in the United States only and shall be construed and evaluated only according to United States law. 10. Disputes/Choice of Law EXCEPT WHERE PROHIBITED, EACH ENTRANT AGREES THAT THIS CONTEST SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS CONTEST OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY STATE OR FEDERAL COURTS SITUATED IN SAN FRANCISCO, CALIFORNIA; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS FEES; (3) NO PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS MAY BE AWARDED (COLLECTIVELY, SPECIAL DAMAGES ); AND (4) ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM SPECIAL DAMAGES AND ALL RIGHTS TO HAVE SUCH DAMAGES MULTIPLIED OR INCREASED. 11. Privacy Submissions submitted via Twitter will be available for viewing on the Internet by a world-wide audience. Personally identifiable information that is submitted by potential winners as part of this Contest will be used to administer the Contest, select prize winner and fulfill prizes, and will be treated in accordance with Sponsor s privacy policy accessible on its website at Winner s Lists For a list of winners, please send a stamped, self-addressed envelope to: Charles Schwab & Co., Inc. 211 Main Street San Francisco, CA Attn: Brand Advertising SF215-FMT Sponsor Charles Schwab & Co., Inc. 211 Main Street San Francisco, CA 94105