PLANTE MORAN CARES CHARITY CONTEST OFFICIAL RULES
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1 PLANTE MORAN CARES CHARITY CONTEST OFFICIAL RULES NO PURCHASE NECESSARY TO PARTICIPATE. A PURCHASE OF ANY PLANTE MORAN SERVICE OR PRODUCT WILL NOT IMPROVE CHANCE OF WINNING. INTERNET ACCESS REQUIRED. LIMIT ONE ENTRY PER CHARITY. ODDS DEPEND UPON NUMBER OF APPLICANTS AND NUMBER OF VOTES RECEIVED BY QUALIFIED ORGANIZATIONS. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. These rules ("Official Rules") govern the Plante Moran Cares Charity Contest ( Program ) and set forth the terms and conditions between the Sponsor, Plante & Moran, P.L.L.C. ( Plante Moran ), each organization that submits an Application ( Organization(s) ) and voters for a Qualified Organization ( Voter(s) ). (Organizations, Qualified Organizations, and Voters are collectively referred to as Participants. ) Participation in this Program constitutes acceptance of these Official Rules. 1) SPONSOR INFORMATION. The Program is sponsored by Plante Moran, 8181 East Tufts Avenue, Suite 600 Denver, Colorado ) PROGRAM. The Program consists of the electronic submission of an application by interested Organizations ( Application ) from October 1, 2018 to October 11, 2018, and up to three rounds of voting from October 16, 2018 to November 16, 2012, as described in further detail below. The Program concludes upon presentment of the Donation or termination of the Program without a Donation, as provided by these Official Rules. 3) ELIGIBILITY. You are not authorized to view or participate in the Program if you are not located within the United States. The Program is open to any Qualified Organization. A Qualified Organization is an Organization that submits an Application and meets the following requirements: A. It agrees to abide by these Official Rules; B. Its principal place of business must be located in the State of Colorado with plans to use the funds in Colorado; C. It must be recognized as a 501(c)(3) organization as of the date it submits its Application through the date of the award of the Donation, and it must not be subject to any U.S. sanctions at any time during that period; D. It must be listed in IRS Publication 78 as of the date it submits its Application through the date of the award of the Donation E. Must be registered with F. It must not be designated by the IRS as a private foundation as of the date it submits its Application through the date of the award of the Donation; G. If it is a charitable organization under Colorado law, it must be properly registered with the Secretary of State of the State of Colorado as of the date it submits its Application through the date of the award of the Donation;
2 H. It must promote or benefit the arts and culture, education, youth development, the environment, social services, or community development, as determined by Plante Moran in its sole and absolute discretion; and I. It must agree to use the Donation to directly promote or benefit the arts and culture, education, youth development, the environment, social services, or community development, and not for internal administrative costs, if it is selected as the Winner or as a Co-Winner. An otherwise Qualified Organization may be deemed ineligible at any time if, in Plante Moran's sole and absolute discretion, the Organization, its management, or its affiliated organizations: is, has been, or comes under any investigation for fraud, misconduct (financial or otherwise) or other criminal activity; promotes or suggests, directly or indirectly, the use of any illegal drugs, prostitution or pornography, violence, or the underage use of alcohol; disparages or denigrates any race, age, gender, disability, ethnicity, religion, political orientation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition or otherwise discriminates (in an exclusionary way) against any of those groups based solely on being classified as fitting into those groups; disparages, denigrates (in writing or otherwise), or acts by means of adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Plante Moran or Participants in the Program; spends a significant amount of time advancing a particular political party or candidate or supporting lobbying for any particular party, candidate and/or cause, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort; participates in the Program, or otherwise conducts itself, in an unsportsmanlike or inappropriate manner; is a post-secondary educational institution providing at least two or four year degrees or an associated alumni association, fraternity, or sorority, except to the extent they are organized as an independent 501(c)(3) meeting the eligibility requirements of these Official Rules; fails to maintain its 501(c)(3) status at any time during the Program; or violates the Official Rules. 4) HOW TO ENTER. Visit plantemoran.com/cares to submit an Application by supplying all of the information required on the Application form. Information collected shall be treated in accordance with Plante Moran s Privacy Policy, which is available at Applications may be submitted from October 1, 2018, at 8:00 AM (MT) through October 11, 2018, at noon (MT). Automated entries are prohibited, and any use of automated devices will cause disqualification. Limit one Application per Organization. Late Applications will not be eligible to win. Plante Moran will not verify receipt of Applications to applicants. All Applications become Plante Moran s property and will not be returned. Plante Moran shall approve or reject an Organization as a Qualified Organization on or before October 16, Qualified Organizations will be notified of their eligibility by at the address provided in their respective Applications.
3 5) VOTING. Any natural person may act as a Voter. In order to vote, a Voter must provide his or her name and address, which will be treated in accordance with Plante Moran s Privacy Policy, which is available at Voters will not be compensated for acting as Voters. A Voter may cast a vote by visiting and selecting the Qualified Organization of his or her choice. For each round of voting, you can vote once a day. Qualified Organizations may encourage any natural person to visit the website and vote. Times specified for each round of voting are in local Denver time. A. ROUND ONE Voting for round one opens Tuesday, October 16 at 8:00 a.m. (MT) and closes Monday, Oct 29 at noon (MT). The top 20 vote-getters move to round two. B. ROUND TWO Voting for round two of voting opens Thursday, Nov 1 at 8:00 a.m. (MT), and ends Wednesday, Nov 7 at noon (MT). The top 10 vote-getters move to the final round. C. FINAL ROUND Voting for the final round opens on Friday, Nov 9 at 8:00 a.m. (MT), and ends Friday, Nov 16th at noon (MT). The Potential Winners shall be selected as provided in section 6 below. D. ALTERNATIVE ROUNDS. If less than twenty (20) Qualified Organizations have submitted an Application by the Application deadline but more than (10) Qualified Organizations, then Plante Moran may eliminate Round Two and proceed to a final round ( Alternative Final Round ). Likewise, if ten (10) Qualified Organizations or less have submitted an Application by the Application deadline, then Plante Moran may eliminate Round One and Round Two and proceed with a single round ( Single Round ). Should this provision be invoked and an Alternative Final Round is required, voting for the Alternative Final Round would open on Thursday, Nov 1 at 8:00 a.m. (MT), and ends Wednesday, Nov 7 at noon (MT). Should this provision be invoked and a New Single Round is required, voting for the New Single Round would open on Tuesday, October 16 at 8:00 a.m. (MT) and closes Monday, Oct 29 at noon (MT). 6) WINNERS SELECTION. Odds of winning depend on the number of votes cast. The Qualified Organization with the most votes at the end of the Final Round, Alternative Final Round, or New Single Round shall be the Potential Winner. In the event of a tie between one or more Qualified Organizations, the Qualified Organization with the most votes cast for it on the last day of voting shall be the Potential Winner. Should a tie persist, Plante Moran may, in its sole and absolute discretion, do either of the following: (A) deem the Potential Winner to be the Qualified Organization with the most overall votes cast in its favor during the Program; or (B) elect to hold a one-round, one-day run-off vote to break the tie on the date and times of its choosing within 30 days, and the Qualified Organization with the most overall votes cast in its favor in the run-off vote shall be the Potential Winner. If Plante Moran elects to hold a run-off vote and it results in a tie, the tied Qualified Organizations will be deemed Potential Co-Winners. 7) POTENTIAL WINNER NOTIFICATION: Plante Moran will announce the Potential Winner or its decision to hold a run-off vote at at 2:00 PM (MT) the last day voting ends under the Final Round, Alternative Final Round, or New Single Round, and it also will notify the Potential Winner by telephone, , or mail, the manner of notification to be at Plante Moran s sole and absolute discretion. If, however, a run-off vote is to be held, Plante Moran will announce the date and times for the run-off vote, to be held within 30 days, at on the Monday following the last day voting ends under the Final Round, Alternative Final Round, or New Single Round, in which case the Potential Winner or Potential Co-Winners will be announced the day after the run-off vote is held at and the Potential Winner or Potential Co-Winners will also be notified by telephone, , or mail, the manner of notification to be at Plante Moran s sole and absolute discretion.
4 8) VERIFICATION OF ELIGIBILITY. The Potential Winner or Potential Co-Winners will be provided with an Affidavit of Eligibility, a Liability Release, and a Publicity Release (collectively, Forms ) at the or mailing address supplied in its/their Application(s). To claim the Donation, the Potential Winner or Potential Co-Winners must sign and return the Forms and valid proof of current 501(c)(3) status (and if a charitable organization, valid proof of current registration with the Illinois Attorney General) to Plante Moran within 14 calendar days of ing or mailing. Upon receipt of the signed Forms and valid proof of current 501(c)(3) status (and if a charitable organization, valid proof of its current registration with the Illinois Attorney General), Plante Moran shall, in its sole and absolute discretion, determine whether the Potential Winner or Co-Winner remains eligible under Paragraph 3. If Plante Moran so determines, it shall notify the Potential Winner that it is the Winner, or it shall notify each such determined Co-Winner that it is a Co-Winner. Noncompliance with these rules; failure to return the required Forms fully-executed, to provide valid proof of current 501(c)(3) status (and if a charitable organization, to provide valid proof of its current registration with the Colorado Secretary of State) within the specified time period; or the return of any Potential Winner or Potential Co-Winner notification as undeliverable shall result in the Potential Winner or Potential Co-Winner s disqualification. If the Potential Winner is disqualified, Plante Moran in its sole and absolute discretion may select the next Qualified Organization with the most votes cast in its favor during the Final Round, Alternative Final Round, or New Single Round as the Potential Alternate Winner or terminate the Program without a Winner. If a Potential Co-Winner is disqualified, the remaining Potential Co-Winner(s) retain its/their status as a Potential (Co-)Winner(s). If all Potential Co-Winners are disqualified, Plante Moran in its sole and absolute discretion may select the next Qualified Organization with the most votes cast in its favor during the Final Round, Alternative Final Round, or New Single Round as the Potential Alternate Winner or terminate the Program without a Winner. If Plante Moran selects a Potential Alternate Winner under this Paragraph, it shall notify the Potential Alternate Winner by telephone, , or mail, the manner of notification to be at Plante Moran s sole and absolute discretion, and the Potential Alternate Winner shall be treated as if it were the original Potential Winner and subject to all of the requirements of this Paragraph for purposes of determining whether the Potential Alternate Winner will be deemed the Winner. Plante Moran shall notify the Winner by or mail, the manner of notification to be at Plante Moran s sole and absolute discretion, at the or mailing address provided by the Winner or Co-Winners in its/their Application(s). 9) PROVIDING THE DONATION. Plante Moran shall award the Donation within 30 days from date that it notifies the Winner, or shall award the equal shares of the Donation within 30 days from the date that it notifies the Co-Winners. 10) DONATION. Plante Moran will donate Thirty Thousand Dollars ($30,000) ( Donation ) to the Winners who properly qualify for the Donation in the manner provided by these Official Rules. The NFP receiving the most votes after the final round will be awarded $15,000, second place will be awarded $10,000, and third place will receive $5,000. Plante Moran is not obligated to make a donation of more than $30,000, regardless of the number of Winners. If there are Co-Winners, the Donation shall be prorated and divided among the Co-Winners, such that each Co-Winner shall receive an equal percentage of the Donation. Plante Moran shall bear the cost of delivery to the Winner or Co-Winners and shall select the manner of delivery. The Winner or Co-Winners are solely responsible for all taxes, costs, or fees not specified in these Official Rules that are associated with acceptance and/or use of the Donation or equal share of the Donation. 11) GENERAL CONDITIONS. Participants agree to be bound by the terms of these Official Rules and the decisions of Plante Moran, which are final and binding on all matters relating to the Program. Any violation of these Official Rules may result in disqualification. In its sole and absolute discretion, Plante Moran may reject any Applications to the Program or deem any Participant s activities associated with any aspect of the Program to violate these Official Rules, and/or any policies or guidelines that govern Entrants participation in the Sweepstakes. By entering or participating, Participants agree to release and hold harmless Plante Moran and its respective parents, subsidiaries, affiliates, advertising and promotion agencies,
5 and any other company involved in the Program, and each of their respective directors, officers, employees, shareholders, and agents (collectively, Released Parties ) from any and all liability or any injuries, loss or damage of any kind arising from or in connection with, directly or indirectly, in whole or in part, the Program or the awarding, acceptance, delivery, possession or use of the Donation, or any travel/activity associated herewith. The Participants further acknowledge(s) that the Released Parties do not have any liability or responsibility for the Donation, other than its award in accordance with these Official Rules, and there are no warranties, representations or guarantees, express or implied, in fact or in law, relative to the Donation, including but not limited to its quality, mechanical condition, merchantability, or fitness for a particular purpose. The Released Parties shall not be responsible for lost, late, illegible, incomplete, inaccurate, misdirected, stolen, undelivered, delayed, or damaged Applications; for mechanical, network, technical, printing, typographical, human, or other errors or problems relating to or in connection with the Program, including without limitation, errors or problems which may occur in connection with the administration of the Program, the processing of Applications, the announcement of the Donation or in any Program-related materials; or for any malfunctions, errors, failures or delays in computer systems, phone lines or other communications, hardware, software or program malfunctions, or other errors, failures or delays in computer transmission or network connections of any kind whatsoever and howsoever caused. The Released Parties are not responsible for incorrect or inaccurate entry information, whether caused by internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical, human, or other error in the transmission, receipt or processing of the entries. If for any reason the Program is not capable of running as planned due to computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Program, Plante Moran reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Program. Should the Program be terminated before the end of the Final Round, Plante Moran may, at its sole discretion, conduct a random drawing to award the Donation from among all eligible Qualified Organizations whose Applications were received as of the action requiring such termination. Plante Moran also reserves the right to disqualify any Participant who tampers with the Application or voting process, or who disrupts the administration of the Program, who intends to annoy, abuse, threaten or harass any other Participant or any of the Released Parties, or who is otherwise in violation of these Official Rules, and void any Application or vote associated with that Participant. CAUTION: ANY PERSON, NATURAL OR OTHERWISE, ATTEMPTING TO DELIB- ERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERA- TION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL OR CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PLANTE MORAN RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ACTUAL AT- TORNEY S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW. 12) DISPUTES/GOVERNING LAW. Except where prohibited, as a condition of participating in the Program, Participants agree that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or in connection with the Program, or the Donation awarded, or the determination of the Winner or Co-Winners shall be resolved individually, without resort to any form of class action, and all rights to pursue class action certification are waived. Further, in any such dispute, under no circumstances will any Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than the Participant s actual out-of-pocket expenses (e.g., costs associated with entering this Program), and each Participant further waives all rights to have damages multiplied or increased. All issues and questions, rights and obligations of each Participant in connection with the Program shall be governed by, and construed in accordance with, the laws of the State of Colorado without giving effect to the conflict of laws rules thereof, and any matters or proceedings as set forth in these Official Rules shall take place in
6 the United States District Court for the District of Colorado or the District Court for the City and County of Denver, Colorado. 13) MISCELLANEOUS. Plante Moran may, in its sole and absolute discretion, choose to feature certain Qualified Organizations in Program-related materials. Being featured does not indicate Plante Moran s preference for or endorsement of that particular Qualified Organization or its causes. Plante Moran will not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Plante Moran. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. The pages within the Program website may contain links to other third-party websites. Plante Moran does not control, is not responsible for, and does not endorse or guarantee the content, products, services or other information or recommendations provided by such linked sites, and Plante Moran is not liable for reliance on or use of such items on those sites. Any Participant s access, use, or reliance upon such content, products, or services is at the Participant s own risk. Any questions regarding the Program should be directed to Plante Moran at the address in Paragraph 1.
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