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2021 Keybank SBOTY Rules and Regulations FINAL

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2021 Keybank SBOTY Rules and Regulations FINAL KEYBANK SMALL BUSINESS OF THE YEAR COMMUNITY GRANT CONTEST OFFICIAL RULES No purchase necessary to enter or win. A purchase does not improve your chances of winning. Void where prohibited by law. The official rules create obligations on your part, including indemnities to third parties by you and limitations on your rights and remedies, so please read them carefully before entering. ELIGIBILITY: The KeyBank Small Business of the Year Community Grant Contest (the “Contest”) is open to Small Businesses (as defined below) located within seventy-five (75) miles of Vivint Arena in Salt Lake City, UT in the State of Utah at the time of nomination. For purposes of the Contest, a “Small Business” is a business enterprise properly licensed in the State of Utah at the time of nomination, and that had an annual revenue in 2020 or its last fiscal year of less than Five Million Dollars ($5,000,000) using generally accepted accounting principles or GAAP. KeyBank (“Sponsor”) may deny any nomination for a Small Business that Sponsor would not normally offer products or services to within the normal course of its business. Employees of Sponsor, Smith Entertainment Group (“Administrator”), the Utah Jazz and NBA Entities, and each of their respective parents, affiliates, subsidiaries, franchisees, retailers and advertising and Contest agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether or not related, and Colorado and Utah Public officers, members of the general assembly, local government officials or government employees (collectively, the “Contest Entities”), anyone in his/her immediate family (meaning spouse, parents, children and siblings and respective spouses), anyone domiciled with him/her, whether related or not, are not eligible to enter or win. The Contest is governed by Utah law and is subject to all applicable federal, state, and local laws and regulations. By entering the Contest, Nominators (as defined below) agree to accept and be bound by all terms of these official rules (“Official Rules”). Void where prohibited by law. CONTEST PERIOD: The Contest begins at 12:00 a.m. Mountain Standard Time (“MST”) on Monday, March 22, 2021 and ends at 11:59 p.m. MST on Friday, April 30, 2021 (the “Contest Period”). Sponsor and Administrator will conduct the Contest encouraging participation to enter for a chance to win a prize. Administrator’s computer system clock will be understood as the official timekeeper of the Contest. There is one (1) way to enter the Contest. HOW TO NOMINATE: During the Contest Period, legal residents of the State of Utah who are eighteen (18) years of age or older at the time of nomination (each, a “Nominator”) must visit www.utahjazz.com/smallbusiness and follow the instructions to complete the nomination form for the Contest. Nominators who are employees of the eligible Small Business (each, a “Nominee”) are eligible to participate. Nominations must not contain material that violates or infringes another’s rights, including but not limited to, material that violates privacy, publicity, or intellectual property rights or that constitutes copyright infringement. Nominations must not disparage Sponsor, its products or services or any other person or party affiliated with the promotion and administration of the Contest, nor contain any inappropriate or offensive material. Submission of a nomination grants Sponsor and Administrator an unlimited, worldwide, perpetual, license and riGht (but not the obligation) to publish, use, and publicly display the nomination in any way, in any and all media, without limitation, and without consideration or notification to Nominator. Nominations must be received by 11:59 p.m. MST on Friday, April 30, 2021, to be eligible. Limit: one (1) nomination per person throughout the Contest Period. Nominations received in excess of the above stated limitation from any person or email address will be void. All nominations become the property of Administrator and will not be acknowledged or returned. NOMINATORS ACKNOWLEDGE AND AGREE THAT IN THE EVENT THEIR NOMINEE IS SELECTED AS A POTENTIAL WINNER, THE NOMINATOR(S) WILL NOT BE ELIGIBLE TO RECEIVE OR CLAIM ANY PORTION OF THE PRIZE. Nominations generated by script, macro or other automated means and nominations by any means which subvert the nomination process will be void. In the event of a dispute as to who submitted a nomination, the authorized account holder of the email address used to participate will be deemed to be the Nominator and he/she must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Multiple Nominators are not permitted to share the same email address. Nominators may be required to show proof of being the authorized account holder. If a dispute over the identity of a Nominator cannot be resolved to Administrator's satisfaction, the affected Nominee(s) will be disqualified. The Contest Entities are not responsible for misdirected, incomplete, lost, late, illegible, undelivered, inaccurate or delayed nominations, or for technical, hardware, or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems that may limit or affect a person’s ability to participate in the Contest, whether human, mechanical, typographical, printing, electronic, network or otherwise, relating to or in connection with the Contest, including, without limitation, errors that may occur in connection with the administration of the Contest, the processing of nominations, the announcement of the prizes or in any Contest-related materials. In the event of sabotage, acts of God, terrorism or threats thereof, computer virus or other events or causes beyond the Sponsor’s control, that corrupt the integrity, administration, security or proper operation of the Contest, Sponsor reserves the right, in its sole discretion, to disqualify Nominators and/or modify, cancel or suspend the Contest. In the event of cancellation, Sponsor reserves the right to award prizes from among all eligible, non-suspect nominations received prior to the event requiring such cancellation. False or deceptive nominations or acts will render the Nominator ineligible. All nominations become the property of the Sponsor and will not be acknowledged or returned. ANY ATTEMPT DELIBERATELY TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE 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. DETERMINATION OF POTENTIAL WINNING NOMINEE: One (1) potential winning Nominee will be selected from all eligible Nominees received throughout the Contest Period on or about Friday, May 7, 2021, by a panel of judges, as defined below. The one (1) potential winning Nominee will be selected by the panel of judges based on the criteria as follows in the judges’ sole discretion: 1. Examples of how the business gives back to its community (60%). 2. Description of how the Small Business Grant will be used to help business move one step closer to their goals (40%). PANEL OF JUDGES: The panel of judges will be comprised of four (4) individuals from Sponsor and Administrator. WINNER NOTIFICATION: The potential winning Nominee will be notified via email and/or phone and must satisfy all eligibility requirements as set forth by Sponsor. The potential winning Nominee may be required to execute and return additional materials (including for eligibility verification purposes), including an affidavit of eligibility, a liability release and, where lawful, a publicity release within five (5) days of date of issuance in order to receive the prize. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Administrator is unable to contact a potential winning Nominee or a potential winning Nominee is not in compliance with these Official Rules, prize will be forfeited and, at Administrator’s discretion, an alternate winning Nominee may be selected based upon the Nominee with the next highest score based on the judging criteria set forth above. In the event of a tie, the Nominee with the highest score in the first category will be deemed the potential winning Nominee. In the event a tie remains, Sponsor will appoint a new judge, who will adjudicate the tied nominations in order to break the tie. PRIZES: One Grand Prize: The winning Nominee will receive the following, • $5,000 community grant to be used at the Small Business’ discretion • KeyBank/Utah Jazz Official Small Business logo lock up. Pass through rights granted for 1-full calendar year. • $200 Jazz Team Gift Card • One (1) Utah Jazz Autographed Jersey (TBD player) • Two (2) Tickets to a 2021-22 Season Utah Jazz Game to be selected by Utah Jazz The above-described prize is non-refundable, non-transferrable and is valid only for the person designated. All expenses that are not specifically provided for herein are the winning Nominee’s sole responsibility. Winning Nominee is not entitled to exchange or transfer prize or to obtain cash or other substitutes, but Sponsor in its sole discretion may substitute prize of equal or greater value (Approximate retail value of all prizes is five thousand dollars ($6,000 US)). The prize recipient is solely responsible for any and all federal, state, and local income taxes associated with the prize. Sponsor is not responsible for and will not pay or in any way compensate prize recipient for taxes associated with winning a prize. The prize recipient may be required to provide certain tax related documents to the Administrator before receiving the prize.
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