FARMERS BANK& TRUST. Farmers Bank & Trust Grant Program for Schools
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1 I~ FARMERS BANK& TRUST MEMBER a,,. ;a: Farmers Bank & Trust Grant Program for Schools 2016 Official Rules and Conditions By participating in Farmers Bank & Trust's Grant Program for Schools, you understand that these Official Rules and Conditions are binding on you and that the decisions of the Farmers Bank & Trust (the "Sponsor" who may also be referred to as "Farmers Bank & Trust,'' "we,'' "us," or "our") are final and binding on all matters pertaining to this Sweepstakes. 1. ELIGIBILITY The schools listed for voting in Farmers Bank & Trust's Grant Program for Schools have been selected by Farmers Bank & Trust and drawn from available public sources. Schools are public, private and charter schools with classes of first grade and higher located and operating Southwest Arkansas, Northwest Louisiana, or Northeast Texas. In order to participate in the contest, the school must sign a School Logo Permission form to give Farmers Bank & Trust the permission to use their logo on debit cards for customers and to use the logo in contests. A private school's failure to maintain 501(c)(3) status will disqualify it from Farmers Bank & Trust's Grant Program for Schools or from receiving any or all of a grant awarded through the program. The Sponsor reserves the right to disqualify organizations who are deemed to be (a) tampering or attempting to tamper with the nomination or voting process; (b) violating the terms of service, conditions of use and/or general rules; or (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, harass any other person or act fraudulently in any manner. Farmers Bank & Trust retains the right to be the sole and final authority to determine which charities are included in Farmers Bank & Trust's Grant Program for Schools and how any grant money is distributed. 2. VOTING PERIOD
2 Voting will begin at 12:00am (Central Standard Time) on Monday, October 17, 2016 and end at Midnight (Central Standard Time) on Monday, November 14, There are two ways to vote. All electronic voting takes place within Farmers Bank & Trust's Grant Program for Schools voting application. In order to vote, users must have a personal Facebook account (be 13 years or older and agree to its Terms and Conditions). Users can vote once every 24 hours for one (1) school Send a 3 11 x 5 11 postcard with your name, address, phone number, and the name of the One School District that you wish to win to: Farmers Bank & Trust Grant Program for Schools, PO Box 250 Magnolia, AR Mail-in entries must be postmarked by November 11, 2016 and received by November 14, 2016in order to be eligible. Enter as often as you wish; however, each mail-in entry must be mailed in a separate postmarked, stamped envelope. Entrants may enter only by using one of the entry methods described in these rules. Entries that are mechanically reproduced, copied, illegible, incomplete, or inaccurate are void. Entries become the property of Farmers Bank and Trust and will not be acknowledged or returned. No purchase is necessary to enter or win. A purchase will not increase your chances of winning. 3. DISTRIBUTION OF GRANTS Grants of $3, will be awarded based on the total number of votes received to the school district with the highest number of electronic and paper votes. Grants of $2, will be awarded based on the total number of votes received to the school district with the second highest number of electronic and paper votes. Grants of $1, will be awarded based on the total number of votes received to the school district with the third highest number of electronic and paper votes. All grants will be awarded to the performing arts department for each winning school district. It is at the winning school's discretion as to how they use the grant funds. The grant funds can be used for any grade level within the winning school district. Farmers Bank & Trust requests the school use the funds for the following types of school performing arts activities: art, band, choir, drama, theatre, or dance. 4. TAXES There may be tax implications for Farmers Bank & Trust's Grant Program for Schools. Sponsor recommends that participating schools determine their potential tax liability, ifany, in connection with receiving funds in relation to the Farmers Bank & Trust's Grant Program for Schools. Any tax liability will be the sole responsibility of fund recipients. 5. USE OF Farmers Bank & Trust's Grant Program for Schools FACEBOOK APPLICATION
3 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Farmers Bank & Trust's Grant Program for Schools Facebook application. A. The content on Farmers Bank & Trust's Facebook page, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Farmers Bank & Trust, subject to copyright and other intellectual property rights under the law. Content on Farmers Bank & Trust's Facebook page is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to Farmers Bank & Trust's Facebook page and its content. B. You understand that when using Farmers Bank & Trust's Facebook page, you will be exposed to content submissions from a variety of people, and that Farmers Bank & Trust is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content submissions. You further understand and acknowledge that you may be exposed to content submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Farmers Bank & Trust with respect thereto. 8. GENERAL CONDITIONS If for any reason the Farmers Bank & Trust's Grant Program for Schools is not capable of being administered as planned, including without limitation, a lack of sufficient number of schools and/or user interaction to support the continuation of the contest, an infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the campaign, orfor any reason the Sponsor deems that the campaign is not meeting the expected goals, Sponsor reserves the right, in its sole and absolute discretion to cancel, modify or terminate the contest. 9. FACEBOOK DISCLAIMER This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Content submitted is provided to Farmers Bank & Trust and not to Facebook. Content is to be used as outlined above. Facebook is not responsible for any part of the Farmers Bank & Trust's Grant Program for Schools. As of October 17, 2016, Farmers Bank & Trust is in compliance with all guidelines, policies and rules for promotions as published on Facebook's web site. PRIVACY POLICY Information submitted by users as part of the Farmers Bank & Trust's Grant Program for Schools Facebook application may be used by Farmers Bank & Trust to promote the Farmers Bank & Trust's Grant Program for Schools, application, or results on Facebook, Twitter, its web site, radio, print or other media. Farmers Bank & Trust
4 may use information collected as part of the activity to provide updates for new Facebook activities as well as bank services, products and events. This information will not be shared, rented or sold to any other organizations. Information may be viewed by Farmers Bank & Trust and its agency, Think Advertising. Sponsor is not responsible for misdirected or incomplete entries, or for any malfunctions, errors, failures or delays in computer systems, hardware, software or program malfunctions, or other errors, failures or delays in computer transmission or network connections of any kind whatsoever and howsoever caused. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the contest, or by any technical, human error or other error in the transmission, receipt or processing of the entries. If for any reason (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest), the Contest is not capable of being conducted as described in these rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest. All entries become the sole property of Sponsor and will not be returned. OFFICIAL RULES REQUESTS: To receive a copy of the Official Rules and Conditions, send a stamped, selfaddressed envelope to: Marketing, Farmers Bank & Trust, PO Box 250, Magnolia, AR Requests must be mailed separately and received no later than November 14, DIGITAL MILLENNIUM COPYRIGHT ACT: A. If you are a copyright owner or an agent thereof and believe that any content submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Farmers Bank & Trust with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Farmers Bank & Trust to locate the material; Information reasonably sufficient to permit Farmers Bank & Trust to contact you, such as an address, telephone number, and, if available, an electronic mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. B. Counter-Notice. If you believe that your content submission that was removed is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your content submission, you may send a counter-notice containing the following information to Farmers Bank & Trust: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and address. If a counter-notice is received by us, we may send a copy of the counter-notice to the original complaining party informing that person that Farmers Bank & Trust may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: You agree that your use of Farmers Bank & Trust's Facebook application and page shall be at your sole risk. To the fullest extent permitted by law, Farmers Bank & Trust, our officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. In no event shall Farmers Bank & Trust, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, or (ii) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party. The foregoing limitation of liability shall apply to the fullest extent permitted by law. You specifically acknowledge that Farmers Bank & Trust shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. INDEMNITY: You agree to defend, indemnify and hold harmless Farmers Bank & Trust, our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to Farmers Bank & Trust's Facebook application; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your content submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of Farmers Bank & Trust's Facebook application.
6 OTHER: You agree that: (i) Farmers Bank & Trust's Facebook page and application shall be deemed solely based in Arkansas, Louisiana, and Texas; and (ii) Farmers Bank & Trusfs Facebook page shall be deemed a passive website that does not give rise to personal jurisdiction over Farmers Bank & Trust either specific or general, in jurisdictions other than Arkansas, Louisiana, and Texas. These Terms shall be governed by the internal substantive laws of the State of Arkansas, without respect to its conflict of laws and principles. Any claim or dispute between you and Farmers Bank & Trust that arises in whole or in part from your use of Farmers Bank & Trust's Facebook page and application shall be decided exclusively by a court of competent jurisdiction located in Columbia County. These Terms shall constitute the entire agreement between you and Farmers Bank & Trust concerning its Facebook page and application. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Farmers Bank & Trusfs failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND FARMERS BANI< & TRUST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO FARMERS BANK & TRUST'S FACEBOOK PAGE AND APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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