#CAPTURETHECHANGE Photo Contest

#CapturetheChange Contest Official Rules

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.
NO PURCHASE, ACCOUNT, SERVICE OR PAYMENT IS REQUIRED TO ENTER OR WIN THIS CONTEST.

1. Eligibility. The Contest is open only to individuals who, at the time of entry, are legal residents of the United States or the District of Columbia and have reached the age of legal majority in the jurisdiction in which they reside. Employees, representatives, and agents of the Bank (as defined below) and its related companies and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members (whether or not related) of each such employee, representative, or agent are not eligible to enter. Individuals who are not eligible to do business with Bank, including without limitation, individuals who are on the Specially Designated Nationals (SDN) list of the Office of Foreign Assets Control (OFAC) or any similar sanctions list of any jurisdiction are not eligible to enter. The Contest is subject to all federal, state, and local laws and regulations and is void outside of the United States and where prohibited by law.

2. Sponsor. Bank of the West, 180 Montgomery Street, San Francisco, CA 94104 (“Sponsor” or “Bank”).

3. Agreement to Official Rules. Your use of the “#CaptureTheChange” hashtag and @bankofthewest as designated in Section 5 below constitutes your full and unconditional agreement to these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.

4. Entry Period. The Contest begins on December 19, 2019, at 12:01 a.m. Pacific Time (“PT”) and ends on March 1, 2020, at 11:59 p.m. PT (the “Entry Period”). Entries received prior to or after the Entry Period will be disqualified.

5. How to Enter. During the Entry Period, you must (a) follow Bank of the West on Instagram (@bankofthewest), and then (b) post a photo (an “Image”) to the Instagram platform from your public Instagram user account, and

• Tag the accounts “@Bankofthewest” and “@Protectourwinters” in the image or post caption, and
• Use the hashtag “#CaptureTheChange” and, immediately following the #CaptureTheChange hashtag, “#contest” in the image or post caption, as the first and second hashtags in any string of hashtags.

Your Image(s) must illustrate change in our winters related to climate change. You agree to furnish the Sponsor with a high resolution version of your Image, upon request. Limit: five (5) entries per person.

6. Requirements for Entry Images. Images must be your own original work and must not: (a) contain any content that could be considered deceptive, misleading, false, fraudulent, scandalous, indecent, obscene, sexually explicit, defamatory, libelous, threatening, harassing, hateful, degrading, intimidating, graphically violent or otherwise unlawful, tortious, or objectionable; (b) depict, encourage, promote, or induce conduct that could violate any law or give rise to criminal or civil liability, or that could be considered risky, violent, discriminatory, or otherwise inappropriate; (c) apart from logos associated with Sponsor, contain any content that is protected by copyright, trademark (including, without limitation, any logo that appears on an article of clothing or elsewhere), trade secret, right of publicity, or other proprietary right, without the express prior written consent of the owner of such right; (d) contain any personally identifying information about any individual; (e) depict any individual other than you, unless you have received a signed written release from such individual or, if he or she is a minor, from his or her parent or legal guardian; or (f) contain any confidential information, or any material, non-public information about any company.

Images must not have been entered into any other contest, promotion, or exhibition, or otherwise published or distributed. Sponsor reserves the right, in its sole and absolute discretion, to refuse to accept any entry or Image.

7. Selection of Potential Winners. At the conclusion of the Entry Period, a panel of judges selected in the Bank’s sole discretion (the “Judges”) will review eligible entries based on the following equally weighted criteria: (a) exemplification of the spirit of the Contest, i.e., change in our winters related to climate change; (b) artistic merit; and (c) creativity and originality. The entrants with the ten (10) highest overall scores will be deemed the potential Prize winners. In the event of a tie, the potential winner will be the entrant with the higher score for artistic merit.

Judges’ decisions are final and not subject to review or appeal. Based on the quality of entries, Sponsors reserve the right to not select winners. Potential winners will be notified on or about March 16, 2020 through the Instagram platform. If a potential winner cannot be contacted within five (5) business days of the first attempt to contact him or her, Sponsor will select an alternate potential winner in his or her place.

8. Requirements of Potential Winners. Except where prohibited, potential winners will be required to complete and return a W-9, Request for Taxpayer Identification Number and Certification and a notarized affidavit of eligibility, compliance with rules, assignment/license, and liability/publicity release (the “Affidavit/Release”) within five (5) business days of being notified. If a potential winner fails to sign and return the W-9 and Affidavit/Release within the required time period, if notification or prize is returned as undeliverable, or if Sponsor determines in its sole discretion that a potential winner is ineligible, an alternate entrant will be selected in his/her place. Winner will be required to provide W-9 form for Social Security number and other information for tax reporting purposes. Unless prohibited by law, acceptance of a prize constitutes permission for Sponsor to use winner’s name, picture, likeness, address (city and state), and biographical information for advertising and publicity purposes, worldwide, without further compensation.

9. Publicity Release. By participating in the Contest and/or accepting the prize, each entrant irrevocably gives permission (and agrees to confirm this permission in writing) to Sponsor to use his or her name, image, photograph, voice, statements, biographical information, and likeness, in any and all media, for advertising and promotional purposes, without further compensation or notice, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation on- line, unless prohibited by law. See Section 11 below for Sponsor’s rights to the use of any entry submissions.

10. Prizes.

Ten (10) Prize winners will each receive one (1) ‘POW Package’ of their choice, between:

‘The Snowboarder POW Package’ containing: one (1) Burton Snowboard (with retail value up to $800), one (1) pair of Burton snowboard bindings (with retail value up to $400) and one (1) 20/21’ Ikon Base Pass (with retail value up to $800. Subject to all privileges and restrictions. For full details, see www.ikonpass.com); OR ‘The Skier POW Package’ containing: one (1) pair of Rossignol skis (with retail value up to $800), one (1) pair of Rossignol ski bindings (with retail value up to $400), and one (1) 20/21’ Ikon Base Pass (with retail value up to $800. Subject to all privileges and restrictions. For full details, see www.ikonpass.com ); OR ‘The Hiker POW Package’ containing: one (1) REI tent (with retail value up to $800), one (1) REI sleeping bag (with retail value up to $500), one (1) REI backpack (with retail value up to $400) and one (1) pair of REI hiking poles (with retail value up to $300).

Conditions on All Prizes. Limit: one (1) prize per person. All federal, state, and local sales, use and other taxes and all other costs associated with prize receipt and use are solely the responsibility of the winner. Prizes are non-transferable and non-assignable. No cash or other substitution permitted, except that Sponsor reserves the right in its sole discretion to substitute a prize with another prize of comparable or greater value. All prizes are awarded AS IS.

11. Sponsor’s Rights to Images. By entering the Contest, you grant the Sponsor and its related entities a non-exclusive, irrevocable license to reproduce, publish, exhibit and communicate to the public your Image(s), by any means and in all media throughout the world. This license is granted only for use in relation to the Contest, which shall include (with the right to sub-license where necessary) – but will not be limited to – any of the following uses:

(i) the process of judging the entries;
(ii) publication in other magazines or print media which the Sponsor may produce;
(iii) publication on relevant parts of the Sponsor’s websites, including within interactive elements available for viewing or download;
(iv) in publicity materials (including social media).

For example, and without limitation, Images may be re-used and featured on Sponsor’s Instagram page throughout the duration of the Contest, including your original caption and Instagram user name. Sponsor reserves the right (but does not have the obligation) to verify at any time that all necessary rights, clearances, consents, releases, and other permissions in or relating to your Image(s) have been validly obtained, and you agree to fully cooperate with Sponsor in any such verification inquiries.

12. Release and Limitation of Liability. By participating in the Contest, you agree to release, indemnify, and hold harmless Sponsor, Facebook and Instagram, each of their respective related companies, and each such company’s respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of or related to, directly or indirectly, in whole or in part, your participation in the Contest, creation of your Image(s), or receipt, use, or misuse of any prize, including, but not limited to: (a) claims that your Image(s) violates any intellectual property, publicity, or other rights; (b) claims arising from any use or other exploitation of, or failure to use or exploit, your Image(s); (c) claims arising from any breach or alleged breach by you of these Official Rules; (d) claims arising from unauthorized human intervention in the Contest; (e) claims arising from technical or printing errors; (f) claims arising from lost, late, postage-due, misdirected, or undeliverable mail or email; (g) claims arising from errors in the administration of the Contest or the processing of entries; (h) claims arising from injury, death, or damage to persons or property; or (i) claims based on defamation, infringement of intellectual property rights, or on the rights of publicity or privacy. You further agree that in any cause of action, the Released Parties’ liability will be limited to the actual out-of-pocket costs associated with participating in the Contest, and in no event shall the Released Parties be liable for attorneys’ fees. YOU WAIVE ANY RIGHTS OR CLAIMS TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO ALL ENTRANTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

13. Disputes. To the extent permitted by applicable law, by entering the Contest, you agree that any and all disputes, claims, and causes of action arising out of the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in San Francisco, California. All issues and questions concerning these Official Rules, your rights and obligations, or Sponsor’s rights and obligations shall be governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules.

14. General Conditions. In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, Sponsor may, in its sole discretion, suspend, modify, and/or cancel the Contest and, if feasible, select a potential winner from among eligible, salvageable, and non- suspect entries received on or before the termination date. Inclusion in such selection process shall be each entrant’s sole and exclusive remedy under such circumstances. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the operation of the Contest or to be acting in violation of these Official Rules or in a disruptive manner. Any attempt by any person to undermine the operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors 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 or any other provision. In the event of a dispute as to any entry, the authorized account holder of the account used to enter will be deemed to be the entrant. The potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder. Proof of uploading an entry or Image does not constitute proof of entry. In the event that an entry is confirmed to have been erroneously deleted, lost or destroyed, entrant’s sole remedy shall be another entry into the Contest. If any provision these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

15. Results. For the results, go to bankofthewest.com/change on or after March 16, 2020.