140th Anniversary Facebook Contest Rules
No Purchase Necessary
Eligibility: The 140th Anniversary Contest (the “Contest”) is open to: (i) legal residents of the United States; (ii) who are at least eighteen (18) years old at the time of entry and; (iii) who have a FACEBOOK account and Internet connection. Employees of Bank Midwest and their subsidiaries and agents, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate in the Contest. The Contest is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. The Contest is not sponsored, administered or endorsed by FACEBOOK, and FACEBOOK is not liable for any claims arising out of the Contest.
Sponsor and Administrator: Bank Midwest, 1525 18th Street, Suite 100. Spirit Lake, Iowa 51360.
Agreement to Official Rules: By participating in the Contest, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of Bank Midwest, which are final and binding in all matters related to the Contest. Whether an entrant’s entry is selected as a winner is contingent upon fulfilling all requirements set forth herein.
Timing: The Contest will run each Monday (4th, 11th, 18th & 25th) and Wednesday (6th, 13th, 20th & 27th) through July, 2022 and end at 11:59 p.m. CST the same day (the “Contest Period”); Bank Midwest’s computer is the official time-keeping device for the Contest. All correct entry’s will be entered to win a final grand prize of $140.00.
How to Enter: During the Contest Period: (i) Visit https://www.facebook.com/BankMidwest/; (ii) post a comment on the Original 140th Anniversary Contest post for that day with what you believe the correct answer is. Bank Midwest may display all Submissions on its website and social media pages. In addition to the General Conditions listed in Section 11, Bank Midwest, in its sole discretion, may terminate the Contest at any time. Any attempt by any entrant to obtain more than the stated number of Submissions by using multiple/different FACEBOOK accounts, identities, registrations and logins, or any other methods, will void that entrant’s Submissions and that entrant may be disqualified. Proof of submission or sending an essay is not proof of receipt by Bank Midwest. All Submissions become the exclusive property of Bank Midwest, and none will be acknowledged or returned.
- The Submission must not contain material that violates, misappropriates, or infringes upon any law or regulation or the rights of any third party, including any copyright, trademark, or any rights of publicity or privacy, or any other intellectual property or proprietary rights;
- The Submission must not disparage any person or entity;
- The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, and/or defamatory;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Submission is created.
For All Submissions: Entrant may enter no more than a total of one Submission during the Contest Period. Submissions received from any person or FACEBOOK account in excess of the stated limit, or other applicable accounts or means, will be void. By uploading a Submission, entrant grants to Bank Midwest (and Bank Midwest’s licensees and assigns) a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, and otherwise exploit the Submission in all media now known or hereafter devised, throughout the universe, in any way Bank Midwest sees fit including, but not limited to, entertainment, instruction/education, promotional, advertising and/or marketing purposes for an unlimited amount of time with no compensation. In connection with all rights granted herein, Bank Midwest (and Bank Midwest’s licensees and assigns) shall also have the irrevocable right to incorporate Submissions, in whole or in part, into other works, in any form, media or technology now known or hereafter developed. If necessary, entrant will sign any necessary documentation that may be required for Bank Midwest or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Proof of submission will not be deemed proof of receipt by Bank Midwest. Entrant acknowledges that other entrants may have used ideas and/or concepts in their Submission that may be similar in idea or concept to what is included in entrant’s Submission. Entrant understands and agrees that he/she shall not have any claim against any other entrant or Bank Midwest arising out any such similarity or be entitled to any compensation because of any such similarity.
Selection of Winner: The Contest will be administered, and eight (8) prize winners will be chosen by a judge designated by Bank Midwest on the basis of the following criteria: (i) individual correctly answers the daily trivia question, (ii) in the case that two people have guessed correctly the winner may be randomly selected. The selection of the winners is final and binding in all matters related to the Contest. The selection of the potential winner(s) is final and binding in all matters related to the Contest, and Bank Midwest will select the potential Contest winner on or around the day immediately following contest closing (July 5th, 7th, 12th, 14th, 19th, 21st, 26th & 28th) at 10:00 a.m. CST. Bank Midwest will select the potential Contest winner of Grand Prize $140.00 on or around Friday, July 29th, 2022
Winner Requirements: Administrator will notify the potential winner(s) via FACEBOOK direct message, and FACEBOOK post. The potential winner will be required to respond to Bank Midwest’s notification with his/her intent to accept the prize within three (3) days from the date the initial notification is sent. The Contest winner(s) might also be required to sign and return the Affidavit of Eligibility and Liability Release, where permitted, to Bank Midwest within five (5) days from the date initial notification is sent. Failure to respond to the initial notification within the specified time frame, failure to return the Forms within the specified timeframe or noncompliance with these Official Rules will result in disqualification and forfeiture of the prize. Any potential winner(s) agree by submitting their Submission to accept the prize for their personal use, will not attempt to sale, transfer for profit any part of the prize package. Winner(s) are solely liable for any federal, state or local tax obligations associated with acceptance of the prize(s). In the event that a potential winner is disqualified for any reason in the sole discretion of Bank Midwest, an alternate potential winner will be selected in accordance with the winner Selection criteria as set forth in Section 7 of these Official Rules. This procedure will repeat three (3) times, after which the applicable prize will not be awarded.
Prize: Eight (8) winners will receive a prize. One (1) winner will receive the Grand Prize. The foregoing prize shall be referred to herein as a “Prize”. Prizes are subject to availability. Prizes are non-transferable and no substitution will be made except as provided herein at Bank Midwest’s sole discretion. Bank Midwest reserves the right to substitute the Prizes or portions thereof for one of equal or greater value if the designated Prizes or portions thereof should become unavailable for any reason. Odds of winning a Prize depend on the number of eligible Submissions received during the Contest Period.
Publicity: Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Bank Midwest may use the winner’s name, address (city, state), likeness, and/or prize information for contextual purposes worldwide, including the internet, without limitation and without further payment or consideration, except where prohibited by law. If requested, winners agree to have any photographs taken and conduct any and all media interviews (including but not limited to radio and television) related to the Contest. Acceptance of the prize constitutes winner’s waiver of any right or interest in the Submission or any photographs, interviews or other publicity materials resulting from the Contest, and the winners irrevocably transfer any right, title or interest in such publicity materials to Bank Midwest for its unlimited use in any medium.
General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but, not limited to, fraud, virus or other technical problem, Bank Midwest may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize in a random drawing from among all eligible Submissions received up to the time of the impairment. Bank Midwest reserves the right to conduct reasonable background checks on the potential winner as it may see fit. Bank Midwest reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest, to have failed a background check 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 undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Bank Midwest reserves the right to seek damages from any such person to the fullest extent permitted by law. Bank Midwest’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release and Limitations of Liability: Except where prohibited, by participating in the Contest, entrants agree to release and hold harmless Bank Midwest and its respective subsidiaries, affiliates, and their respective agents and agencies, and their respective officers, directors, employees and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing or typographical errors pertaining to any Submission; (d) errors in the administration of the Contest or the processing of Submissions; (e) late, lost, or undeliverable mail; or (f) any Contest disruptions, losses, 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 of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s Submission is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Contest Submission; provided that if it is not possible to award another Submission for any reason, Bank Midwest, at its discretion, may elect to hold a random drawing from among all eligible Submissions received up to the date of discontinuance for any prize offered herein. No more than the stated number of prizes will be awarded.
Disputes: Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively Federal District Court or any court of competent jurisdiction of the State of Iowa, located in Dickinson County, Iowa, and the parties hereto irrevocably submit in any such suit, action or proceeding to the jurisdiction of said courts and waive any and all objection to such jurisdiction that they may have under the laws of the State of Iowa or the United States and any right to challenge the convenience of Iowa as an appropriate form. (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise 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 and Bank Midwest in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Iowa, without giving effect to any choice of law or conflict of law rules (whether of the State of Iowa or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Iowa.
Contest Results: For name of the Contest winners, send a self-addressed stamped envelope to Bank Midwest 140th Anniversary Contest,” c/o Marketing: 1525 18th Street, Spirit Lake, IA 51360. Requests must be received by August 19, 2022.