OFFICIAL RULES: THE MIAMI FOUNDATION “JERSEY FOR MIAMI” FUNDRAISING CHALLENGE CONTEST.

NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW. BY PARTICIPATING IN THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR, ADMINISTRATOR, AND OTHER RELEASED PARTIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. Eligibility 

The Miami Foundation “Jersey for Miami” Fundraising Challenge Contest (the “Contest”) is open only to legal residents of the 50 United States and the District of Columbia who, at the time of entry, are at least eighteen (18) years old and the age of majority in their state of legal residence. Void where prohibited by law. Directors, management, staff, and employees of Sponsor, Administrator, and their immediate family (spouse, de facto partner, parents and step-parents, brother, sister, step-brother, step-sister, children, and stepchildren) of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Participation constitutes entrant’s (“Entrant”) full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a Prize (defined below) is contingent upon selected Entrant fulfilling all requirements set forth herein.

2. Sponsor/Administrator.

Sponsor: The Miami Foundation, Inc., 40 NW 3rd St #305, Miami, FL 33128

Administrator: Goodask, Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674

3. Contest Entry Period.

The Contest entry period starts on October 10, 2022 at approximately 12:00 a.m. Eastern Time (“ET”) and ends on November 11, 2022 at 11:59 p.m. ET (the “Contest Entry Period”). Entries received outside the Contest Entry Period will be void. Administrator is the official timekeeper for this Contest.

4. How to Enter the Contest.

During the Contest Entry Period, to participate in the Contest, (i) go to the website located at www.jerseyformiami.org (the “Contest Site”); (ii) follow the prompts to create an account, or if you already have an account, sign in; (iii) select your chosen cause and click “Launch Your Page”; (iv) customize your donation page by answering the question “Why is this cause important to you” and uploading a profile picture; (v) you will then be redirected to your personal donation page where you can donate yourself and/or follow the prompts to “Share” your personal donation page with your friends and family. Entrants will receive one (1) point (“Point”) per donation dollar received during the Contest Entry Period. You can continue receiving donations for the duration of the Contest Entry Period.

When entering the Contest, you agree to receive promotional email communications from Sponsor and Administrator, unless you opt-out at any time.

All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Entries beyond the permitted number are void. Use of multiple email addresses or any automated system to enter is prohibited and will result in disqualification.

By submitting an entry, Entrant hereby grants to Sponsor, and any and all of Sponsor’s affiliates, successors, assignees, and/or licensees, the non-exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate the entry, including the image, in perpetuity.

5. Maximum Number of Entries

Limit of one (1) donation page per person during the Contest Entry Period.

6. Contest Winner Selection.

At the conclusion of the Contest Entry Period, on or about November 12, 2022, (the “Winner Selection Date”), Administrator will select the top three (3) entries to receive a Prize, as determined solely and exclusively by the leaderboard maintained and provided by Goodask, Inc., and displayed on the Contest Site (the “Leaderboard”). During the period of November 12, 2022 through November 16, 2022, Administrator will contact the potential Prize winner(s) using the email address the potential Prize winner(s) used to enter the Contest. Failure by potential Prize winner(s) to respond to the initial verification within 48 hours of notification may result in disqualification, and Sponsor may, at its discretion, select the next highest entry on the Leaderboard to receive a Prize. Odds of winning a Prize depends on the number of eligible entries received during the Contest Entry Period and the Entrant’s ability to successfully acquire donations. Potential winners may be subject to a background check. The Prize winners will be finalized and announced on November 17, 2022 during Give Miami Day 2022.

7. Prize

There are three (3) total Prizes (each a “Prize”).

First Prize: The First Prize shall comprise of five (5) signed “Jerseys for Miami” (one from each of the five (5) major sports teams in Miami), a Give Miami Day gift card valued at $5,000 to be used on Give Miami Day 2022 (November 17, 2022) by donating to one or more charities registered with Give Miami Day, and $5,000 cash. Approximate retail value of the First Prize: $10,750.

Second Prize: The Second Prize shall comprise of five (5) signed “Jerseys for Miami” (one from each of the five (5) major sports teams in Miami), a Give Miami Day gift card valued at $3,000 to be used on Give Miami Day 2022 (November 17, 2022) by donating to one or more charities registered with Give Miami Day, and $3,000 cash. Approximate retail value of the Second Prize: $6,750.

Third Prize: The Third Prize shall comprise of five (5) signed “Jerseys for Miami” (one from each of the five (5) major sports teams in Miami), a Give Miami Day gift card valued at $2,000 to be used on Give Miami Day 2022 (November 17, 2022) by donating to one or more charities registered with Give Miami Day, and $2,000 cash. Approximate retail value of the Third Prize: $4,750.

Total approximate retail value of all Prizes in the Contest: $22,250 USD.

THE PRIZE IS OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY SPONSOR AND/OR ADMINISTRATOR OTHER THAN WHAT IS EXPRESSLY INCLUDED WTH THE PRIZE.

All non-stated features of the Prizes are in Sponsor’s discretion and subject to availability, including without limitation color, design, and sizing. All expenses and costs not expressly listed in these Official Rules are the sole responsibility of the verified Prize winner(s) (“Verified Prize Winner(s)”). Verified Prize Winner(s) will be responsible for all other expenses relating to the receipt and use of the Prize. Prizes are non-transferable and may not be substituted or redeemed for cash by Verified Prize Winner(s). Sponsor reserves the right to substitute a Prize, in whole or in part, for one of equal or greater value. All federal, state, and local taxes are solely the responsibility of Verified Prize Winner(s). Odds of winning a Prize depend on the number of valid and eligible entries received during the Contest Entry Period. Gift cards are subject to their terms and conditions.

Sponsor and/or Administrator are not responsible for any change of email address and/or mailing address and/or Instagram account information of Entrants, nor is Sponsor and/or Administrator responsible for any lost or damaged mail.

Maximum Number of Prizes: Maximum of one (1) Prize per person during the Contest.

8. Verification of Potential Prize Winner.

POTENTIAL PRIZE WINNERS’ ELIGIBILITY IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. Any Potential Prize Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Sponsor and/or Administrator may run a background check on any Potential Prize Winner. The Potential Prize Winner may be required to execute and return to Sponsor for its receipt within five (5) business days of notification, an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) in order to claim his/her Prize. Sponsor and/or Administrator may, but is not obligated to, exercise its/their rights under such Affidavit. In the event: (a) Potential Prize Winner(s) cannot be reached for whatever reason after a reasonable effort has been exerted or the Potential Prize Winner(s) notification or Affidavit is returned as undeliverable; (b) Potential Prize Winner(s) declines or cannot accept, receive or use the Prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods; (d) Potential Prize Winner(s) is found to be ineligible to enter the Contest or receive the Prize; (e) Potential Prize Winner(s) cannot or does not comply with the Official Rules; or (f) Potential Prize Winner(s) fails to fulfill the Affidavit-related obligations, the Potential Prize Winner shall be disqualified from the Contest and an alternate Potential Prize Winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate Potential Prize Winner, if any. Potential Prize Winner will be contacted by email using the email address used to enter the Contest. Failure to respond to the initial verification contact within forty-eight (48) hours of notification may, in Sponsor’s sole discretion, result in disqualification and a new Potential Prize Winner may be selected by Sponsor from all remaining valid entries. Verified Prize Winner(s) will be solely responsible for all applicable federal, state and local taxes on Prize(s) and may receive an IRS Form 1099 for the retail value of the Prize and must provide Sponsor and/or Administrator with a valid social security number if requested for tax reporting purposes.

9. Entry Conditions and Release.

By entering, each Entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and its/their designee(s) which are binding and final in all matters relating to these Contest; (b) release and hold harmless Sponsor, Administrator, and their respective parent, subsidiary and affiliated companies, the Prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an Entrant’s participation in the Contest and/or Entrant’s acceptance, use or misuse of any Prize.

10. Publicity

Except where prohibited, Entrants agree that participation in the Contest constitutes Verified Prize Winners’ consent to Sponsor’s, Administrator’s, and its/their agents’ use of each such winner’s name, likeness, photograph, voice, opinions, and/or hometown and state for promotional purposes in any media (whether now known or invented in the future), worldwide, without further limitation, restriction, notice, review, approval, payment or consideration but that Sponsor and/or Administrator are not required to make such use.

11. General Conditions.

Entrant’s entry shall comply with Sponsor’s, Administrator’s, and/or any third-party platform provider’s terms of service/use and privacy policies, and shall not: (a) contain material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent, self-mutilation, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; (b) contain content which would be derogatory and/or insulting of any others, including Sponsor, Administrator, and/or other persons or entities, products or services; (c) contain content which refers to and/or is complimentary of any competitors of Sponsor and/or Administrator or which is complimentary of and/or refers to any product competitive with any product or service of Sponsor and/or Administrator; (d) include personally identifiable information or any other information or indicia of any person other than Entrant and should the Entrant include personally identifiable information about him/herself in his/her entry, Entrant acknowledges and agrees that such information will be disclosed publicly and Entrant is solely responsible for any consequences thereof; and (e) contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement. Sponsor and/or Administrator reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s or Administrator’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor and/or Administrator in its/their sole discretion, as applicable. Sponsor and/or Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

In the event of a dispute regarding the identity of any Entrant, the authorized account holder of the email address used to enter the Contest 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. Potential Prize Winner(s) of any Prize may be required to show proof of being the authorized account holder to be awarded the Prize. All entry information becomes the sole and exclusive property of Sponsor and will not be returned or canceled.

12. Limitations of Liability.

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by Entrant, or programming associated with or used in the Contest; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error, which may occur in the administration of the Contest or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any Prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the Entrant’s sole remedy is another entry in the Contest. No more than the stated number of Prizes will be awarded.  If, for any reason, the Contest cannot be executed as planned, including, but not limited to, any governmental order, epidemic, pandemic, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor and/or Administrator that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received as of the date/time of termination.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE(S) AWARDED WILL BE LIMITED TO ACTUAL, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

13. Disputes

Except where prohibited by law, as a condition of participating in this Contest, each Entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, including but not limited to Prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and Entrant further waives all rights to have damages multiplied or increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Sponsor, and/or Administrator in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.

Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Entrant agrees that, by entering the Contest, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any Prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

14. Entrant’s Personal Information.

When registering for the Contest, you expressly agree to receive promotional communications from Sponsor and Administrator. Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which is available at https://jerseyformiami.org/privacy-policy/. If you are selected as a Potential or Verified Prize Winner, your name, city and state may also be included in a publicly available Winners’ List.

15. Contest Results.

For the Contest results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List” c/o The Miami Foundation “Jersey for Miami” Fundraising Challenge Contest, 40 NW 3rd St #305, Miami, FL 33128. Requests for the Winner’s List must be received within 60 calendar days after the end of the Contest Entry Period.

Questions?: Please email talktous@miamifoundation.org

ABBREVIATED RULES

NO PURCHASE NECESSARY.   Void where prohibited.   Open to legal residents of the 50 U.S. and D.C. 18 years or older and age of majority.  Begins 10/7/2022 at 12:00 a.m. ET and ends on 11/11/22 at 11:59:59 p.m. ET.   Prize/Odds:   Total ARV of all prizes $22,250. Odds of winning depend on the total number of eligible entries received. Subject to Official Rules located at www.jerseyformiami.org. Sponsor: The Miami Foundation, Inc., 40 NW 3rd St #305, Miami, FL 33128. Administrator: Goodask, Inc., 251 Little Falls Drive, Wilmington, New Castle County, Delaware 19808-1674