First Commonwealth Bank
“Small Business Saturday Giveaway”
OFFICIAL TERMS AND CONDITIONS
These are the Official Terms and Conditions for the First Commonwealth Bank Small Business Saturday Giveaway (the “Giveaway”) sponsored by First Commonwealth Bank, 601 Philadelphia Street, Indiana PA 15701 (“Sponsor”). By participating, each participant agrees to comply with and be bound by these Official Terms and Conditions.
No purchase necessary to enter or win. A purchase will not increase your chances of winning. Void where prohibited by law. Participants must be 18 years of age or older at the time of entry.
1. ENTRY PERIOD:
The Giveaway begins on Monday, October 29, 2018 at 9:00 a.m. (Eastern Daylight Saving Time) and ends on Saturday, November 24, 2018 at 5:00 p.m. (Eastern Daylight Saving Time) (the "Promotion Period"). Sponsor's time clock will be the official clock for the Giveaway. There will be one (1) drawing to award one (1) prize. Entry in the Giveaway does not constitute entry into any other promotion, contest or giveaway.
The Promotion is open only to small businesses, which is defined as sole proprietorships, corporations, limited liability companies or other business entities that:
(a) are headquartered in Pennsylvania or Ohio;
(b) employ fifty (50) or fewer employees; and
(c) have a valid Federal Employer Identification Number (“FEIN”) (collectively, “Eligible Business(es)”).
The person who enters the Eligible Business must be a legal resident of Pennsylvania or Ohio, 18 years or older at the time of entry and have the authority to enter the Eligible Business into this Promotion and agree to be bound by these Official Rules on behalf of the Eligible Business. Employees, officers, and directors of Sponsor and its affiliates and each of their immediate family members (mother, father, sisters, brothers, sons, daughters and spouse), regardless of where they reside, and/or people living in the same household, whether related or not, are not eligible to participate. Eligibility is subject to all federal, state, and local laws and regulations. This offer is void where prohibited by law. Upon request, the Eligible Business and the individual who enters on behalf of the Eligible Business may be required to submit documentation, including without limitation, state registration documents, articles of incorporation and/or other formation documents and proof of valid FEIN, to Sponsor evidencing that it meets the eligibility criteria set forth herein. Any failure to provide requested documentation to Sponsor may result in disqualification, in Sponsor’s sole discretion. All interpretations of the Official Rules and decisions of Sponsor are final and binding.
3. HOW TO ENTER:
Limit one (1) entry per Eligible Business during the Promotion Period.
There is no charge, fee, purchase or other consideration required to participate in the Giveaway. You can enter the Giveaway through Sponsor's landing page on www.fcbanking.com/giveaway (the "Landing Page") during the Promotion Period. To enter the Giveaway (a) visit the Landing Page and complete the entry form fully and accurately with all required information (which may include your full business name, entrants name, zip code, phone number and email), (b) agree to the Official Rules, and (c) submit the entry.
Limit: One prize per Eligible Business.
Entries made by any other individual other than the person named in the entry, or by any entity, including but not limited to commercial Giveaway subscription notification and/or entering services, and/or through other third-party websites or software programs are prohibited and will be declared invalid and disqualified for this Giveaway. Tampering with the entry process or the operation of the Giveaway is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
A total of one (1) prize will be awarded. Winner will have the option to choose one (1) of the following prizes:
- Radio advertisements at a cost not to exceed $4,000 in the Pittsburgh, PA; Johnstown, PA; Columbus, OH; or Cincinnati, OH Metropolitan Statistical Areas (MSAs). Winner must provide a 30-second script to Sponsor for recording of the radio advertisements. Radio advertisements will air any time between January 3, 2019 and March 30, 2019. Any costs associated with creating, producing and airing the advertisement in excess of $4,000 will be the responsibility of the winner.
- Print advertising at a cost not to exceed $4,000, publication dependent on availability in requested publication in geography requested by winner. Winner must provide print-ready artwork. Print ads will run any time between January 3, 2019 and March 30, 2019. Any costs associated with creating the advertisement in excess of $4,000 will be the responsibility of the winner.
- Billboard advertisements at a cost not to exceed $4,000, location dependent on available inventory in geography requested by winner. Sponsor cannot guarantee availability of any location. Each winner must provide print-ready artwork for the billboard to First Commonwealth Bank. Billboard ads will post any time between January 3, 2019 and March 30, 2019. Any costs associated with creating the advertisement in excess of $4,000 will be the responsibility of the winner.
Odds of winning depend on the number of eligible entries divided by the number of Prizes available to be won. The prize may not be assigned or transferred. No cash alternative or substitution will be allowed.
5. WINNER SELECTION AND NOTIFICATION:
All Prize awards are subject to verification by the Sponsor and potential Prize winners must meet all eligibility requirements and fully comply with these Official Terms and Conditions. Random drawings will take place on Monday, November 26, 2018.
Potential Prize winners will be notified by phone or email, using the contact information provided at the time of entry. Sponsor shall have no liability for any potential prize winning notification that is lost, intercepted or not received by any potential winner for any reason. If, despite reasonable efforts, any potential Prize winner does not respond within 72 hours after the first notification attempt with potential winner's complete name and complete mailing address, or if the prize notification is returned as unclaimed or undeliverable to the potential Prize winner, the potential Prize winner will forfeit his or her prize and an alternate winner will be selected. If any potential Prize winner is found to be ineligible, or if he or she has not complied with these Official Terms and Conditions or declines a prize for any reason prior to receiving the Prize, the potential Prize winner will be disqualified and an alternate Prize winner may be selected.
6. PRIZE CONDITIONS/RELEASES:
Acceptance of prize constitutes permission to the Sponsor and its agents to use the business name, logo and/or likenesses, prize information, photograph, voice or comments for purposes of advertising and trade without further notice, permission, or compensation.
By entering and participating in the Giveaway, each entrant agrees on behalf of the Eligible Business and each of entrant's heirs, executors, and administrators (A) to release and hold harmless Sponsor, its agents and their respective officers, directors, and employees (collectively, "Released Parties") from any and all liability, rights claims and causes of action that entrant may have or which may arise against the Released Parties from such entrant's participation in the or Giveaway and/or his/her acceptance, possession, use, or misuse of any Prize or any portion thereof (including any travel related thereto); (B) that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including, without limitation, to such Prize's quality or fitness for a particular purpose; and (C) to be bound by these Official Terms and Conditions and to waive any right to claim any ambiguity or error therein or in the Giveaway itself, and to be bound by all decisions of the Sponsor, which are binding and final.
SPONSOR MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ANY PRIZE FURNISHED IN CONNECTION WITH THE GIVEAWAY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. DISQUALIFICATION/FORCE MAJEURE:
Sponsor is not responsible for incomplete or late entries, or for any technical problems, incorrect announcements of any kind, hardware or software failures of any kind. Incomplete/illegible entries are void. Sponsor is not responsible for any human or other error that may occur in the processing of the entries, nor is Sponsor responsible for any error, omission, interruption, deletion, defect, or delay in operation or transmission, theft or destruction or unauthorized access to or alteration of entries, or for technical, network, telephone, computer hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or failures of any wireless or internet service providers, traffic congestion on the Internet or at any web site or any combination thereof, which may limit a person's ability to participate in this Giveaway or receive communication from Sponsor.
Sponsor assumes no responsibility for undeliverable e-mail messages resulting from filtration of an entrant's wireless or Internet service provider or for insufficient space to receive e-mail. Sponsor reserves the right to cancel, terminate, suspend, or modify this Giveaway if fraud or technical failures destroy the integrity of this Giveaway; or if a technical problem corrupts the administration as determined by Sponsor, in its sole discretion. If this Giveaway is canceled, Sponsor will award prizes using all eligible entries received as of the time of cancellation in a random drawing, and Sponsor shall have no further obligation to any participant in connection with this Giveaway. Any use of robotic, automatic, programmed, or the like methods of participation by an entrant will void all such entries by such methods.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway, to be acting in violation of the Official Rules, or to be acting with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entries that are incomplete, garbled, corrupted, or illegible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. No forged, mechanically reproduced, software-generated or other automated entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
THIS GIVEAWAY IS INTENDED FOR PARTICIPATION IN PENNSYLVANIA AND OHIO ONLY. THE GIVEAWAY IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE INTERNAL LAWS OF THE COMMONWEALTH OF PENNSYLVANIA AND APPLICABLE FEDERAL LAWS. ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE GIVEAWAY OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN PITTSBURGH, PENNSYLVANIA. THE REMEDY FOR ANY CLAIM BY ENTRANT SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ENTRANT 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.
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