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Bentley University’s “#BentleyPFW” Falcon Family Photo Contest Official Rules for Parents & Family Weekend 2015 No Purchase Necessary To Enter Or Win. Void Where Prohibited. This Giveaway is in no way sponsored, endorsed or administered by Instagram, Facebook, Twitter, Barnes & Noble, In a Pickle Restaurant, or Starbucks. 1. Giveaway Period/Description: The “#BentleyPFW” Giveaway (“Falcon Family”) begins at 09:00:00 am Eastern Time (“ET”) on 10/16/15 and ends at 9:00:00 pm ET on 10/18/15 (the “Falcon Family Period”). After the Falcon Family Period, there will be one (1) voting period with three (3) winners chosen. The voting period will occur beginning at 9:00:00 am ET on 09/19/15 and end at 5:00:00 pm ET on 09/23/15. At the beginning of the Voting Period all entries from the preceding entry period will be posted in a Facebook album on the official Bentley University Facebook page, where any Facebook user is able to like the photos. At the end of the Voting Period, the entries with the most likes within the Facebook album will be chosen as winners (see “Voting Periods/Approximate Retail Value (ARV)”). 2. Eligibility: Falcon Family is open only to enrolled, fulltime or parttime, matriculating graduate or undergraduate students of Bentley University, who are eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, as of the date of their entry. Employees, directors and officers of Bentley University Marketing & Communications Team (“Sponsor”) are not eligible. Void wherever prohibited or restricted by law. The Giveaway is subject to all federal, state and local laws. By entering the Giveaway,

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Page 1: Falcon Family Photo Contest Official Rules

Bentley University’s “#BentleyPFW”

Falcon Family Photo Contest Official Rules for Parents & Family Weekend 2015 No Purchase Necessary To Enter Or Win. Void Where Prohibited. This Giveaway is in no way

sponsored, endorsed or administered by Instagram, Facebook, Twitter, Barnes & Noble, In a Pickle

Restaurant, or Starbucks. 1. Giveaway Period/Description: The “#BentleyPFW” Giveaway (“Falcon Family”) begins at 09:00:00 am Eastern Time (“ET”) on 10/16/15 and ends at 9:00:00 pm ET on 10/18/15 (the “Falcon Family Period”). After the Falcon Family Period, there will be one (1) voting period with three (3) winners chosen. The voting period will occur beginning at 9:00:00 am ET on 09/19/15 and end at 5:00:00 pm ET on 09/23/15. At the beginning of the Voting Period all entries from the preceding entry period will be posted in a Facebook album on the official Bentley University Facebook page, where any Facebook user is able to like the photos. At the end of the Voting Period, the entries with the most likes within the Facebook album will be chosen as winners (see “Voting Periods/Approximate Retail Value (ARV)”). 2. Eligibility: Falcon Family is open only to enrolled, full­time or part­time, matriculating graduate or undergraduate students of Bentley University, who are eighteen (18) years of age or older, or the age of majority in their jurisdiction of residence, whichever is greater, as of the date of their entry. Employees, directors and officers of Bentley University Marketing & Communications Team (“Sponsor”) are not eligible. Void wherever prohibited or restricted by law. The Giveaway is subject to all federal, state and local laws. By entering the Giveaway,

Page 2: Falcon Family Photo Contest Official Rules

participants are bound by and agree to these Official Rules, and the decisions of Sponsor, which are final and binding. 3. How To Enter: Internet access and an Instagram or Twitter account are required to enter. If you don’t already have an Instagram or Twitter account, download the official Instagram or Twitter app to create one. It is free to create an account. Once you have an account, you must become a follower of @bentleyu. You can unfollow @bentleyu once the Giveaway Period and the notification/verification period has ended. Your account must be unprotected (public) in order to be eligible. To enter, post a photo to Instagram or Twitter showing your family during Parents and Family Weekend using #BentleyPFW. You may define family as it best fits you. There is a limit of one (1) entry per person, regardless of Twitter or Instagram account. Each person is limited to winning one (1) time during the Falcon Family Period. All entries must comply with these Official Rules and meet the submission guidelines detailed below (“Submission Guidelines”) to be eligible. Entries received from any person, regardless of email address used, in excess of the stated limitation will be void. All entries must be received during the Giveaway Period to be eligible. All entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of entries. Using the above referenced hashtag in your Instagram or Twitter posts constitutes your consent to these official rules. 4. Submission Guidelines: Each entry that is submitted to the Giveaway must comply with the following Submission Guidelines. Any entry that, in Sponsor’s sole and absolute discretion, violates these Official Rules or the Submission Guidelines below will be disqualified and/or will not be eligible to win a prize. The entry MUST, in the sole discretion of Sponsor:

Be written in English; The entry must NOT, in the sole discretion of Sponsor:

Contain material that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement);

Disparage Sponsor or its products or services, Sponsor’s competitors or their products or services, or any other person or party affiliated with the Giveaway;

Contain the names, likenesses, Instagram/Twitter handles, associated hashtags, or other indicia identifying any celebrities and/or other public or private figure, living or dead, unless they are part of the activity portrayed in the photo;

Contain material that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous;

Page 3: Falcon Family Photo Contest Official Rules

Contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, gender identity, religion, nationality, disability, sexual orientation or age;

Contain material that is unlawful, in violation of or contrary to applicable laws or regulations; and/or

Contain material in which the Released Parties do not wish to associate themselves with, in their sole discretion.

5. Voting Periods/Approximate Retail Value (“ARV”): Once Voting Period is over, the Sponsor shall designate three (3) winners from among all eligible entries based on the number of likes each photo received in a Facebook album, posted on the official Bentley University Facebook page. The voting Period will last five (5) days, and winners will be chosen at the end of the Voting Period. There will be three (3) Prize winners total from the Voting Period. Once confirmed, as detailed below, each winner will receive one (1) Gift Basket or one (1) gift card. The winner with the most photo likes (“1st Place Winner”) will receive a one hundred dollar ($100) Barnes and Noble gift card. The winner with the second most photo likes (2nd Place Winner”) will receive a thirty dollar ($30) Barnes and Noble card. The winner with the third most photo likes (”3rd Place Winner”) will receive a twenty dollar ($20) Starbucks Gift Card. The total ARV of all prizes awarded in this Giveaway is one hundred and fifty dollars ($150). In the event there are not enough eligible, correct entries for any Prize Drawing(s) to award the applicable prize(s), Sponsor retains the right not to award such prize(s). The decisions of the Sponsor are final and binding on all matters relating to this Giveaway. Odds of winning a prize are dependent upon the total number of eligible, correct entries received for that specific Voting Period. There is a limit of one (1) Prize per person, throughout the entire Giveaway Period. 6. Winner Notification/Acceptance: All potential winners must comply with these Official Rules as published in order to accept a prize and be confirmed as an official winner. Administrator will notify the potential Prize winner(s) via an email from [email protected] to the winners’ Bentley University email address or, if unable to discern the correct email address, comment on the Instagram photo entered or reply to photo Tweeted. Upon notification or notification attempt, potential Prize winner(s) will be required to respond to such message accepting the prize and provide his/her physical mailing address for prize delivery purposes within five (5) calendar days of such notification or notification attempt, or the prize will be forfeited, and an alternate potential prize winner will be selected and notified. If in any instance, notification attempt(s) for the potential prize winner(s) fails for any reason, or if a potential prize winner is found to have not complied with these Official Rules, such prize will be forfeited and an alternate potential winner will be selected from among remaining eligible entries, if any. Acceptance of a prize constitutes permission for the Sponsor and its designees to use the name, Instagram/Twitter account

Page 4: Falcon Family Photo Contest Official Rules

information, and all Instagram/Twitter posts related to the Giveaway in connection with the Giveaway without additional compensation unless prohibited by law. Further, winners shall indemnify the Released Parties from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from breach of these Official Rules. In the event of a dispute as to any Account, the authorized account holder of the email address used to register on Instagram/Twitter will be deemed to be the entrant. 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. 7. General Rules: By participating in the Giveaway, participants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. 8. Limitations of Liability: Participants, by participating in the Giveaway, release and agree to hold the Released Parties harmless from and against any and all liability, claims or action of any kind whatsoever, for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize and/or participating in this Giveaway or in any Giveaway­related activity, whether sponsored, held by or paid for by a third party or by Sponsor. Additionally, the Released Parties are not responsible for late, misdirected, or incomplete entries, or for any virus contracted by an entrant’s computer through participation in the Giveway or viewing the rules, for any incorrect or inaccurate information, whether caused by a human or by a computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Giveaway, and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure. Released Parties are not responsible for any errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing, administrative or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the verification of the participant or prize or in any Giveaway­related activity or materials. The Released Parties are not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider (ISP), website, or other connections or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the participation process or the operation of the Giveaway, to be acting in violation of the Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of any devices, which subvert the

Page 5: Falcon Family Photo Contest Official Rules

participation process, will void all participation by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY 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. If, for any reason, the Giveaway is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, virus, bug, worm, unauthorized human intervention or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and post notice of the action where they deem fit. If Sponsor terminates the Giveaway prior to the end of the Giveaway Period, Sponsor may elect to award the prizes from a random drawing from among all eligible entries received prior to the termination. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS GIVEAWAY. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF SUCH. 9. Governing Law and Venue: THE GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MASSACHUSETTS. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION. THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MASSACHUSETTS. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF MIDDLESEX. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. EXCEPT WHERE PROHIBITED, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND/OR

Page 6: Falcon Family Photo Contest Official Rules

CAUSES OF ACTION ARISING OUT OF, OR CONNECTED WITH THE GIVEAWAY OR ANY PRIZE AWARD SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE COURT LOCATED IN THE COMMONWEALTH OF MASSACHUSETTS. 10. Privacy Policy/Terms: Any personally identifiable information collected during this Giveaway will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Giveaway as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at http://www.bentley.edu/offices/information­security­data­privacy/policy and as allowed by law. By participating via the Instagram/Twitter platforms, participants are also subject to Instagram’s and Twitter’s Term of Use located at https://help.instagram.com/478745558852511 and https://twitter.com/tos?lang=en . 11. Winners’ List: For a list of the winners, available after the Giveaway has ended, send a stamped, self­addressed envelope by 09/08/15 to: Associate Director, Content and Social Media Strategy, BentleyPFW Winners List, Bentley University, Marketing and Communications Dept., 175 Forest Street, Waltham, MA 02452. 12. Sponsor: The Sponsor of the Giveaway is Bentley University, 175 Forest Street, Waltham, MA 02452. This Giveaway is in no way sponsored, endorsed, or administered by Instagram, Facebook, Twitter, Barnes & Noble, In a Pickle Restaurant, or Starbucks.