2017 VISA CASHLESS CHALLENGE - 9/6/17-10/31/17 ex:ma (owners of a for-profit only small business food service)

https://usa.visa.com/about-visa/cashless.html

OFFICIAL RULES



1) NO PURCHASE NECESSARY TO ENTER OR WIN. Participants are not required to "go cashless" or exclusively accept electronic payments to either be an Eligible Participant or win an Award. You are solely responsible for complying with your local laws regarding what forms of payment your business must accept. ​

2) ELIGIBILITY: 2017 Visa Cashless Challenge (the "Challenge") is open only to: (a) legal residents of forty-nine (49) United States (excluding Massachusetts residents) and the District of Columbia, who are 18 years of age and older and who are physically located and reside in the United States (except Massachusetts) or District of Columbia; and who are (b) owners of a for-profit only small business food service, such as a restaurant, café or food truck which has a physical storefront or vehicle presence and are not currently 100% cashless, or who are otherwise authorized to bind such small business. Small business, for purposes of the Challenge, is defined as having one hundred (100) employees or less and who are able to determine the forms of payment their business accepts ("Eligible Participants"). Eligible Participants are not required to "go cashless" at any time during or after the Challenge to participate in the Challenge or win in an Award. Void in Massachusetts, Puerto Rico and where prohibited. Employees of Visa Inc., Visa U.S.A. Inc. ("Sponsor"), Visa International Service Association, and their respective successors, affiliates and client financial institutions, prize suppliers and advertising and promotion agencies, Wire Stone, LLC, apart of Accenture Interactive ("Administrator") and each of their respective subsidiaries, affiliates, agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees"), and each of their immediate family members (spouse and parents, children and siblings, and their respective spouses, regardless of where they live) and individuals living in the same households of each of these individuals, whether related or not, of the above and all others associated with the design, execution, production, development, and promotion of the Challenge or are connected to the Challenge in any way are not eligible to enter or win. The Challenge is subject to all applicable federal, state, and local laws. US law governs the Challenge.

3) SUBMISSION PERIOD: The Challenge begins on September 6, 2017 and ends on October 31, 2017 (the "Submission Period").

4) DESCRIPTION: The Challenge invites Eligible Participants to submit a video explaining "How could going cashless benefit your business and what does Visa's cashless movement mean to you"? The Challenge will consist of three (3) Phases: During Phase 1 (Submission Period), which will run from September 6, 2017 through October 31, 2017, Eligible Participants will have the opportunity to submit an entry form and their video (entry form and video, collectively the "Submission") for consideration in the Challenge. Eligible Participants who make a Submission are referred to as "entrants". During Phase 2, which will run from September 6, 2017 through November 7, 2017 ("Judging Period"), each Submission will be scored by a panel of judges and up to fifty (50) top-scoring Submissions will be deemed potential winners, subject to verification and compliance with these Official Rules. During Phase 3, which will occur on or about November 15, 2017, potential winners will be notified and once their eligibility is verified, they will be deemed the winners. Winners may have their Submissions featured on the Sponsor's website or social media sites at the sole discretion of the Sponsor.

5) PHASE 1 – SUBMISSION PERIOD & HOW TO ENTER: To enter the Challenge, Eligible Participants must go to visa.com/cashless (the "Website") and do all of the following during the Submission Period: (1) Complete and submit the entry form by providing the information required; and acknowledge that you have read and agree to the Official Rules by checking the box that appears on the entry form. (2) Using links provided on the entry form, upload a video of sixty (60) seconds or less in length explaining "How could going cashless benefit your business and what does Visa's cashless movement mean to you?" ("Challenge Theme".) Any video longer than 60 seconds in length will be ineligible and will not be considered. More than one (1) person may appear in the video; however, only one (1) person's name may appear on the entry form and that person will solely be eligible to receive an award. If a person who is not an entrant appears in the video, entrant must, upon request, provide to Sponsor a written legal release from the non-entrant who appears in the video. Submission must be in the English language, and the Video must be in one of the following formats: 3gp, asf, avi, m4v, mov, mp4, mpeg, mpg, ogv, qt or wmv electronic format and may not exceed 200MB in size. Videos must be of good quality and clearly depict the Challenge Theme. All components of each Submission must be submitted online in accordance with these Official Rules and received by October 31, 2017 in order to be eligible. The Website's database clock will be the official timekeeper for the Challenge. There is a limit of one Submission per person and small business. Subsequent entries submitted by an entrant are void.

The Submission must be in keeping with the Sponsor's image, and may not be offensive, nor can it defame, or invade upon the publicity rights or privacy of any person or otherwise infringe upon any person or entity's intellectual property, personal or proprietary rights, as determined by Sponsor and the judges in their sole discretion. Video must be of good quality, unpublished and may not have previously won any prize or award. Each entrant must either (i) be the sole and exclusive owner of all rights (including, without limitation, all intellectual property rights) in and to all content and elements incorporated into or used in the Submission; or (ii) have the express written permission to use such content and elements from the owner(s) of the rights to such content and elements. Any entrant whose Submission includes likenesses of third parties or contains content or elements not owned by the entrant (such as, but not limited to, use of songs, proprietary names, trademarks, or logos) must be able to provide written legal releases (in a form that is satisfactory to Sponsor and the judges) that permit the entrant to use and exploit such content and elements in the manner used and exploited and that permit Sponsor's right to use and exploit the content and materials in accordance with these Official Rules ("IP Releases").

In the event the likeness of a minor is included in an entrant's Submission, entrant must provide a legal release from the parent/legal guardian of the minor depicted in the Submission.

SPONSOR RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO DISQUALIFY ANY SUBMISSION THAT THE SPONSOR FEELS IS INAPPROPRIATE, OBJECTIONABLE AND/OR INCONSISTENT WITH THE POSITIVE IMAGE AND/OR GOOD WILL IT WISHES TO PROMOTE IN THE CHALLENGE.

ALL ELIGIBLE PARTICIPANTS ACKNOWLEDGE AND AGREE THAT ALL SUBMISSION MATERIALS SUBMITTED IN CONNECTION WITH THE CHALLENGE ARE SUBMITTED ON A NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS AND MAY BE USED BY SPONSOR, ITS AGENTS AND SUBSIDIARIES, FOR ADVERTISING AND PROMOTIONAL PURPOSES.

Incomplete Submissions or Submissions not complying with these Official Rules are subject to disqualification. Submissions that have been generated by a script, macro, bot or any other automated means will be deemed void. Sponsor is not responsible for late, lost, incomplete, illegible, damaged, or misdirected Submissions. Sponsor's decisions are final on all matters relating to the Challenge. If a dispute results as to the identity of an online entrant, it will be determined that the Submission was submitted by the authorized account holder of the email address from which the Submission is made. For these purposes, the authorized account holder is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses or the domain associated with the submitted email address.

Videos shall not have been made (in whole or in part) by, nor shall they include, individuals who are: 1) represented under a contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the video as permitted by these Official Rules; 2) subject to a contract that would make such individual's appearance in the video a violation of any third-party rights; or 3) under any other contractual relationship, including but not limited to guild and/or union memberships, that may prevent Sponsor from being able to use the video worldwide in all media in perpetuity on a royalty-free basis, without payment or fee obligations.

6) PHASE 2 – JUDGING PERIOD: During the Judging Period, eligible Submissions will be judged by a panel of judges based on the following criteria: (i) Originality, Creativity & Passion and (ii) Positive Impact on employees and business. Submissions will not be judged on whether the Eligible Participant is cashless or is committed to going cashless. Judging will be performed by a panel of judges selected by the Sponsor in its sole discretion. Up to fifty (50) top-scoring Submissions will be declared potential winners, subject to verification & compliance with these Official Rules. In the event of a tie, Submissions involved in the tie will be reviewed by an additional judge(s) who will evaluate Submissions according to the criteria listed above. Decisions of judges are final and binding on all matters relating to this Challenge. Potential winners will be determined on or about November 7, 2017.

7) PHASE 3 – WINNER NOTIFICATION AND DETERMINATION: Potential winners will be notified on or about November 15, 2017 by U.S. mail and/or overnight mail and/or email and/or telephone using the contact information provided at the time of entry. Potential winners may be required to provide copies of Intellectual Property (IP) Releases (if applicable) and will be required to sign an affidavit of eligibility and liability release and, where legal, a publicity release and a federal and state tax release and return same, properly executed, within 48 hours via fax and within five (5) days of issuance of notification via regular U.S. Mail. Failure to return any or all documents fully-executed within the specified time period, or if any notification is returned as undeliverable, will result in disqualification and a runner-up may be selected. Winning is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in the Official Rules. Entry in the Challenge constitutes entrant's permission for Sponsor to conduct a background check, provided that, to the extent additional authorization is necessary under law, a potential winner shall authorize such check. Sponsor reserves the right (at its sole discretion) to disqualify a potential winner based on the results of the background check or failure to properly authorize such check. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Challenge, it is his/her sole responsibility to notify the Sponsor by postal mailing or email notice to Sponsor's address (listed below) to be received by the end of the Submission Period.

8) AWARDS: Up to Fifty (50) Awards: $10,000 to be used toward "Going Cashless" activities, such as purchasing equipment and/or marketing activities related to the business' cashless journey. Award recipients are not required to "go cashless" or demonstrate that they are "cashless" as a condition of receiving the Award. Approximate Retail Value (ARV): $10,000/each. Total ARV of all awards: up to $500,000. Any merchandise prizes are awarded "as is", and any and all guarantees and warranties on merchandise prizes are subject to the manufacturers' terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim.

All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winners. Awards may not be transferred or substituted except at the Sponsor's sole discretion. All award amounts claimed will be awarded. If winner is 18 years of age but deemed a minor in his/her state or place of residence, award will be given in the name of a parent or legal guardian. Allow 6-8 weeks for delivery of award. Limit one award per person and business. A winner must supply Administrator with his/her social security number for tax purposes, complete any required tax forms (e.g. W-9), and winner will receive an IRS Form 1099 from the Administrator for the ARV of the Award (stated above) for the calendar year won.

9) GRANT OF LICENSE: By entering the Challenge, entrants grant Sponsor, its agents, subsidiaries and affiliates (the "Licensees") a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Submission, in any media now known or hereafter devised (including without limitation, the internet), without any compensation. Further, by entering the Challenge, entrant grants Licensees the additional license to modify, adapt, translate, create derivative works from, and distribute the Submission (with the understanding that Licensees are under no obligation to do so), or incorporate the Submission into any form, medium or technology, including the right, at each Licensee's sole discretion, to publish the Submission and to use the Submission for advertising and promotional purposes. Licensees shall not be required to designate entrant as the creator or author of Submission that is distributed or otherwise exploited by Licensees, or include any references to entrant on, or in connection with, any Submission that is distributed or otherwise exploited by Licensees.

By making a Submission, entrant acknowledges and agrees that Sponsor may obtain many Submissions in connection with the Challenge and/or other contests staged and/or promoted by the Sponsor, and that such Submissions may be similar or identical in theme, idea, format or other respects to other Submissions submitted in connection with the Challenge and/or other contests sponsored by the Sponsor or submitted for other reasons or other materials developed by the Sponsor. Entrant waives any and all claims entrant may have had, may have, and/or may have in the future, that any Submission and/or other works accepted, reviewed and/or used by the entrant may be similar to his/her Submission, or that any compensation is due to entrant in connection with such Submission or other works used by Sponsor. By making a Submission, entrant hereby grants permission for the Submission to be posted on the Sponsor's website or social media sites. Entrant agrees that Releasees are not responsible for any unauthorized use of Submissions by third parties. Releasees do not guarantee the posting of any Submission.

10) REPRESENTATIONS AND WARRANTIES: Each entrant represents and warrants that: 1) he/she is the original author and creator of the Submission and that the Submission complies with these Official Rules; 2) the Submission is original, has not been previously published and has not previously won any award or contest; 3) the Submission does not and will not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property or proprietary rights or rights of publicity or privacy; 4) the Submission is not the subject of any actual or threatened litigation or claim; 5) the Submission is not obscene, offensive, libelous, pornographic, threatening, abusive, or otherwise objectionable and does not contain illegal content; 6) the Submission does not encourage a criminal offense or violation of law or otherwise give rise to liability or violate any law; 7) the Submission does not display any logos or trademarks not owned by the Entrant; and 8) the Submission does not include any disparaging remarks relating to the Sponsor or any 3rd Party. Entrant acknowledges that nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and Sponsor. In no way is entrant to be construed as the agent or to be acting as the agent of Sponsor in any respect.

11) CONDITIONS OF PARTICIPATION: By entering, entrants agree to be bound by these Official Rules, including all eligibility requirements and the decisions of the Sponsors and judges, which are final and binding. By accepting an award, a winner consents to the use of his/her name, image, likeness, photograph, voice, and biographical material and Submission for advertising, publicity, and promotional purposes by Sponsors, or any party designated by the Sponsors, in any and all media now or hereafter devised, including but not limited to, any online announcements, worldwide in perpetuity, without additional compensation, notification, or permission, except where prohibited by law. Entrants release and hold harmless Releasees from any claims, actions, injury, loss, or damage of any kind, including but not limited to, personal injury or death, resulting, directly or indirectly, in whole or in part, from participating in the Challenge or from the acceptance, possession, or use or misuse of an award (including any travel/activity related thereto). This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income or profit; loss of damage to property; and claims of third parties. Entrants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Challenge.

12) GENERAL: Sponsor will collect information from the entrants solely for the purpose of determining eligibility, notifying the potential winners or for purposes stated at the time of collection. Sponsor will not share this information with any third party, except as necessary for the administration of the Challenge or winner notification as applicable, nor attempt to contact entrant, unless entrant has agreed to receive further information on Sponsors' products and promotions. Releasees are not responsible for lost, late, illegible, misdirected, inaccurate, incomplete, undelivered, damaged, delayed or garbled entries; or for any other errors or problems of any kind, whether typographical, printing, mechanical, human, electronic, or otherwise, relating to or in connection with the Challenge, including, without limitation, any error or problem that may occur in connection with the administration of the Challenge, the processing of entries, the announcement of the awards, the cancellation or postponement of any event, or in any Challenge-related materials. Submission materials that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion to cancel or suspend part or all of the Challenge at any time without notice, if in the judges' opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness, or integrity and proper play of the Challenge. In the event of cancellation, Sponsor may void any entries it suspects are at issue and, at its discretion, if terminated, award the amounts to a runner-up entrant. Caution: Any attempt by an entrant or any other individual to damage the web site or undermine the legitimate operation of the Challenge may be in violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law, including criminal prosecution. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify entrants who violate these Official Rules or interfere with the Challenge in any manner. If an entrant is disqualified, Sponsor reserves the right to terminate that entrant's eligibility to participate in the Challenge.

13) DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction and venue shall be solely within the State of California.

14) WINNERS' LIST: For the names of the winners, available after December 31, 2017, mail a self-addressed, stamped envelope by January 15, 2018, to: 2017 Visa Cashless Challenge Winners, P.O. Box 997, Plainview, NY 11803-0997.

15) SPONSOR & ADMINISTRATOR: The Sponsor of the Challenge is Visa U.S.A. Inc., P.O. Box 8999, San Francisco, CA 94128-8999. Administrator: Wire Stone, LLC, a part of Accenture Interactive, 35 Pinelawn Road, Suite 108W, Melville, NY 11747.



© Copyright 2017 Wire Stone, LLC, a part of Accenture Interactive. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.