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Official Rules of the Invest in ME 20th Anniversary Sweepstakes

No purchase or payment is necessary to enter or win the Invest in ME 20th Anniversary Sweepstakes 2019. A purchase or payment of any kind will not increase your chances of winning.

By entering and participating in the Invest in ME 20th Anniversary Sweepstakes 2019 (the “Sweepstakes”), or accepting the prize if the winner, each entrant accepts and agrees to these Official Rules and the decisions of the Sponsor (as defined below), which are binding and final in all respects. This offer is subject to applicable federal, state and local laws and regulations and is void in Florida, New York and Rhode Island and where prohibited or restricted by law.

Sweepstakes Description

The Finance Authority of Maine (“FAME” or the “Sponsor”) is sponsoring a Sweepstakes offering one (1) scholarship prize, in the amount of $20,000 to be awarded to an eligible NextGen 529™ (NextGen) account. The $20,000 NextGen account award (“Prize”) will be in the form of Grant Funds, as defined in the “Ownership of the Prize” section below. The total cash value of the Prize is $20,000. One (1) Prize winner (“Winner”) will be selected in a random drawing by the Sponsor from all eligible entries in the Sweepstakes. The Prize must be awarded to an existing NextGen account held by the Winner for the benefit of a Maine resident designated beneficiary or, if necessary, awarded to a new NextGen account opened by the Winner for the benefit of the Maine resident designated beneficiary named in the Winner’s Sweepstakes entry form. For purposes of these Rules, the designated beneficiary of the Winner is referred to as the “Prize Beneficiary”.

NextGen 529 is an Internal Revenue Code (“IRC”) Section 529 qualified tuition program administered by FAME. Merrill Lynch, Pierce, Fenner & Smith Incorporated is the Program Manager of NextGen (“Merrill Lynch” or the “Program Manager”).

Sweepstakes Sponsor.  Finance Authority of Maine, PO Box 949, 5 Community Drive, Augusta, ME 04332-0949.

Sweepstakes Administrator. Exposure Marketing & Promotion, Inc., 1000 North Opdyke, Suite J, Auburn Hills, MI 48326 (“Exposure Marketing” or “Administrator”).

Eligibility

  1. Entrant must be a U.S. citizen, or legal resident of the U.S. (excluding the states of Florida, New York and Rhode Island), 18 years of age or older at time of entry, and a current NextGen account owner or eligible to open a NextGen account.
  2. Designated beneficiary of the NextGen account held by or to be opened by the entrant, as applicable, must be a Maine resident at time of entry and at time of award of Prize.  There is no age requirement for the designated beneficiary.
  3. Board members, officers and employees of FAME or Merrill Lynch or FAME’s NextGen advertising and promotion agencies, Maine Distribution Agents of NextGen, Exposure Marketing and such persons’ immediate family members (i.e., spouse, children, parents, siblings, and the spouse’s children, parents, and siblings) and anyone sharing a household with such person, are not eligible to participate in the Sweepstakes or to be the designated beneficiary of a Sweepstakes entrant or Winner.
  4. Previous winners or the designated beneficiaries of previous winners of the 2016 and 2017 Invest in ME Sweepstakes are not eligible to participate in the Sweepstakes.
  5. NextGen accounts established as scholarship accounts by state or local governments or IRC Section 501(c)(3) organizations are not eligible to participate in the Sweepstakes.
  6. Residents of the states of Florida, New York and Rhode Island are not eligible to participate in the Sweepstakes.

Timing and Entries

The Sweepstakes period begins January 20, 2019 at 12:00 a.m. ET and ends on May 29, 2019 at 11:59 p.m. ET (“Sweepstakes Period”). During the Sweepstakes Period there are four ways to enter:

  1. Open a NextGen account: if you open a NextGen account during the Sweepstakes Period and you and your designated beneficiary meet the eligibility criteria above, then your account will automatically receive one (1) entry into the Sweepstakes. The NextGen account application must be completed and received by the Program Manager by May 29, 2019 at 11:59 p.m. ET to be eligible. An application is considered received when it has been processed and an account number has been assigned by the Program Manager. Allow sufficient time for processing prior to May 29, 2019. Two (2) weeks is recommended; 
  2. Contribute to an existing NextGen account: if a contribution is made (by anyone) to an existing NextGen account (for which the designated beneficiary meets the eligibility criteria above) during the Sweepstakes Period, then the account owner will automatically receive one (1) entry into the Sweepstakes (regardless of who made the contribution to the account). NextGen account contributions must be received by the Program Manager by May 29, 2019 to be eligible. Following the first contribution during the Sweepstakes Period which received an entry, subsequent contributions to the account will be disregarded as entries. A contribution is considered received when it has been processed by the Program Manager. Allow sufficient time for processing prior to May 29, 2019. Two (2) weeks is recommended;
  3. Enter online: you may enter by completing the online entry form at NextGenforME.com/entertowin. You will be asked to provide your name, email address, mailing address (street, city, state, zip code), daytime and evening phone numbers (including area codes), date of birth, designated beneficiary name, designated beneficiary’s date of birth, and designated beneficiary’s municipality of residence in the State of Maine. All online entries must be submitted on or before May 29, 2019 at 11:59 p.m. ET to be eligible;
  4. Enter by mail: you may handprint your name, mailing address (street, city, state, zip code), daytime and evening phone numbers (including area codes), date of birth, designated beneficiary name, and designated beneficiary’s municipality of residence in the State of Maine as well as “Enter for the Scholarship Prize” on a 3″ x 5″ card and mail the card as a postcard or in an envelope, with proper postage affixed to: “NextGen 529 20th Anniversary Sweepstakes” C/O Exposure Marketing, 1000 N. Opdyke Road Suite J, Auburn Hills, MI  48326 (all mail entries must be postmarked on or before May 29, 2019, and received by June 5, 2019 to be eligible).

Limit one (1) entry per designated beneficiary regardless of method of entry. When entering on-line or by mail, entrants must provide complete and accurate information. The Sponsor reserves the right to disqualify any entrant if inaccurate or incomplete information is submitted or suspected. On-line and mailed-in entries will not be eligible to win the Prize if the entrant does not have a valid e-mail address. Any attempt by an entrant to obtain more than one entry per designated beneficiary by using multiple or different identities or email addresses will void that entrant’s entries and the entrant may be disqualified. In addition, the Sponsor will eliminate multiple entries naming the same designated beneficiary submitted by different entrants. In such circumstance, the first entry processed by Sponsor will be considered the only valid entry received.

Winner Selection and Notification

The Winner will be selected on or about June 30, 2019 in a random drawing from among all eligible entries received by Sponsor during the Sweepstakes Period. The drawing will be conducted by the Administrator, an independent judging organization. Odds of winning the prize depend on the number of eligible entries received.

The Winner will be notified by telephone or email at the contact information provided on the entry form or associated with the Winner’s NextGen account, if applicable, and will be provided with instructions on how to claim the Prize. Sponsor will use its reasonable best efforts to notify the Winner within 10 days of the drawing. Sponsor is not responsible if potential winner notification is not received for any reason or returned as undeliverable. For instance, Sponsor is not responsible if potential winner does not receive his or her winner notification because inaccurate contact information was provided at the time of entry or such information is not current at the time of drawing. If potential winner cannot be contacted, or fails to return contact within five (5) business days of Sponsor’s first contact attempt, he/she forfeits the Prize. In addition, Winner may decline the Prize for any reason and the Prize will be forfeited. In the event of any forfeiture, the Sponsor will select a new Winner following the random drawing process.

Requirements of Winner

Upon confirmation of contact by Sponsor, if the Winner does not already have a NextGen account, the Winner will be required to complete and execute all documentation necessary to open a NextGen account for the benefit of the designated beneficiary named in the entry form, and to provide additional documents or information as required by Sponsor including an Affidavit of Eligibility and Liability/Publicity Release. The minimum initial contribution for opening an account will be waived.

If all required documentation including the NextGen account application, if applicable, is not returned in good order within fourteen (14) days of mailing to Winner, it will be concluded definitively that the Prize has been declined and, without further notice, Sponsor may select an alternative Winner following the random drawing process. In addition, if Winner is selected and found to be ineligible or otherwise not in compliance with these Official Rules, the Prize will be forfeited. Eligibility for the Prize requires that the Winner may not change the designated beneficiary named in his/her entry form or account application, with respect to automatic entry; only the designated beneficiary named in the Winner’s entry form or account application may be the Prize Beneficiary.  The Winner must continue to comply with all terms and conditions of these Official Rules and award of the Prize to Winner’s NextGen account is contingent upon fulfilling all requirements. All decisions of the Sponsor are final on all matters relating to the Sweepstakes. By accepting a Prize in the Sweepstakes, Winner agrees to the use of his or her name on the official, publicly available, list of Sweepstakes winners. Winner may be asked to agree to use of his or her name, photographs, statements, and/or sound or video recording of him or her in FAME and/or NextGen marketing and promotional materials (including, but not limited to printed brochures, web sites, You Tube and Facebook pages, ads and presentations) without compensation.

FAME will award the Prize to the Winner’s NextGen account within eight to ten weeks of Sponsor’s receipt of the necessary documentation from Winner. The prize is non-transferable, non-assignable and has no exchangeable or redeemable cash value.

Ownership of the Prize

Although allocated to a particular NextGen account, Prize funds are not the property of the Winner (i.e., the NextGen account owner) or the Prize Beneficiary and may only be withdrawn for qualified higher education expenses at an eligible institution of higher education. As such, the Prize constitutes “Grant Funds” and is subject to investment and use conditions and restrictions. The Prize will only be payable to an eligible institution of higher education on behalf of the Prize Beneficiary. In addition, because the Prize constitutes Grant Funds, the Prize, including any earnings, are forfeited in the following circumstances: (i) the Winner closes the NextGen account, including rollover to another state’s Section 529 plan; (ii) the Prize Beneficiary dies; (iii) the Winner changes the designated beneficiary of the NextGen account; or (iv) in the event of fraud or misrepresentation by the account owner. If FAME determines that the Prize was obtained fraudulently, at its discretion, FAME may close the NextGen account of the Winner or withdraw the Prize amount (plus earnings, if any). In any other event of forfeiture after the Prize has been contributed to a NextGen account, the Prize amount (plus earnings, if any) will be forfeited from the account.

Investment of the Prize

All Grant Funds are invested only at the discretion of FAME. Accordingly, neither the winning NextGen account owner nor the Prize Beneficiary has the ability to direct the investment of the Prize. The Sweepstakes does not take into account the Winner’s or Prize Beneficiary’s personal circumstances or other factors that may be important in making investment decisions. Investment returns are not guaranteed; the value of the Prize may go down and the Winner could lose their own money by investing in NextGen.

Use of the Prize

The Prize, and any earnings thereon, may not be transferred to another designated beneficiary. If the Prize or any portion thereof is withdrawn and the withdrawal is subsequently determined to have been fraudulent, FAME may off-set the amount fraudulently obtained from any funds remaining in the Winner’s NextGen account.

Tax Consequences

The Sweepstakes has been designed so that the Prize, including any earnings, used for certain qualified higher education expenses will be treated as a scholarship as defined by the Internal Revenue Code. The Prize can be used for tuition, fees, certain room and board expenses, books, supplies and certain equipment. However, any portion of the Prize used as payment for room and board costs may be subject to federal and/or state income tax. Similarly, any portion of the Prize used to pay for qualified higher education expenses at schools not eligible for Title IV financial aid may not be eligible for federal and/or state tax-exempt treatment. Notwithstanding the design of the Sweepstakes, the Internal Revenue Service could take the position that the Prize is subject to federal income taxation in the year the Prize is awarded or the year in which the funds are withdrawn. NextGen account owners and designated beneficiaries should consult their own tax advisor regarding the tax treatment of receipt and use of the Prize.

Additional Terms

Sponsor and Administrator are not responsible for or liable for any loss or damages of any kind for late, incomplete, illegible/garbled, or misdirected entries, postage due mail, or for any incorrect or inaccurate entry information, whether caused by the entrant or any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of the entries in the Sweepstakes, or for failure to receive entries due to postal or transmission failures or technical failures of any kind.

Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes, in whole or in part, if Sponsor believes that the integrity of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running fairly or as planned, for any reason, including due to such causes as infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or Force Majeure or any other causes beyond Sponsor’s control. In such event, if feasible, the winner will be drawn from among all eligible entries received up to the time of cancellation/termination or as otherwise deemed fair and appropriate by the Sponsor. Sponsor reserves the right to disqualify any entry from the Sweepstakes if in Sponsor’s sole judgment entrant has not complied with these Official Rules. Without limitation, an entry will be disqualified, at the sole discretion of Sponsor, if entrant attempts (i) to tamper with the entry process or enter the Sweepstakes through any means other than as described in these Official Rules; (ii) provides information that is inaccurate or fraudulent; or (iii) attempts to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. Use of any automated system to participate is prohibited and will result in disqualification.

Personal Information/Privacy

Personal information collected by the Sponsor through the on-line entry form or by mail regarding the entrant and designated beneficiary is subject to Sponsor’s Privacy Policy (www.famemaine.com/about/privacy/), as well as Administrator’s Privacy Policy (www.exposuremarketing.com/privacy). Notwithstanding the foregoing, by accepting the Prize, the Winner agrees that his or her name will be included in the official, publicly available, list of Sweepstakes winners.

Limitations of Liability and Release

By participating in this Sweepstakes, each entrant and his/her designated beneficiary agree to release and discharge, hold harmless, and indemnify Sponsor, Administrator and Program Manager and their respective officers, directors, employees, agents and representatives, and their successors and assigns (collectively, the “Released Parties”) from and against any and all tax liability that may be imposed or associated with receipt or use of the Prize, and any and all claims, actions, proceedings, and liability for any damages, expenses, fees, injury or losses sustained in connection with receipt of the Prize or participation in the Sweepstakes. Sponsor and Administrator are not responsible for and assume no liability for (1) damage caused to entrant’s or any other person/entity’s computer hardware, software or communications network, regardless of cause; (2) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (3) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; and (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to a particular entrant.

Governing Law and Dispute Resolution

The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the State of Maine without giving effect to any choice of law or conflict of law rules (whether of Maine or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Maine. Entrant agrees that venue for any litigation arising out of or related to this Sweepstakes or these Official Rules shall be in state court located in Augusta, Maine, and hereby consents to the jurisdiction of same.

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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Sweepstakes.

Winner List/Rules Request

For the Winner’s name (first initial, last name) or a copy of the Official Rules, send a self-addressed, stamped envelope specifying “Official Rules” or “Winner Name”, to NextGen Invest in ME Sweepstakes C/O Finance Authority of Maine, PO Box 949, 5 Community Drive Augusta, ME  04332-0949. The Winner’s name will be available after August 15, 2019.