100KRefresh

$100K Extreme Corporate Makeover
Contest Rules

BEFORE YOU ENTER, PLEASE READ THE OFFICIAL CONTEST RULES CAREFULLY. YOU MUST AGREE TO THESE RULES BY CLICKING THE CHECKBOX WHERE INDICATED WHEN ENTERING THE CONTEST. BY ENTERING THIS CONTEST, YOU AGREE TO DISCOVER TRUE NORTH’S PRIVACY POLICIES, AVAILABLE AT THE CONTEST WEBSITE, AND THAT YOUR SUBMISSION AND THE PERSONAL INFORMATION COLLECTED FROM YOU IN CONNECTION WITH THIS PROGRAM WILL BE SHARED WITH THE SPONSOR, DISCOVER TRUE NORTH & ITS ALLIANCE PARTNERS (“SPONSOR”). NO PURCHASE NECESSARY. VOID WHERE PROHIBITED. PURCHASE DOES NOT INCREASE YOUR OPPORTUNITY TO WIN. OPEN ONLY TO LICENSED BUSINESSES IN THE 50 UNITIED STATES AND THE DISTRICT OF COLUMBIA (COLLECTIVELY, THE “ELIGIBILITY AREA”) THAT ARE LOCATED IN THE ELIGIBILITY AREA AT THE TIME OF ENTRY AND UPON AWARDING THE PRIZE. VOID ELSEWHERE AND WHERE PROHIBITED BY LAW. SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.

ELIGIBILITY: To be eligible, the multifamily firm must have:

a) a valid and current Business License
b) been in business for at least two consecutive years as of May 5, 2009

You represent and warrant that you are authorized on behalf of your business or organization to enter this contest. Employees of Discover True North, LLC (“DTN”) and any of its alliance partners or advisory board members involved in the administration, development, fulfillment and execution of this contest are not eligible to participate.

DTN may conduct a background check on any potential finalist or prize winner. DTN may disqualify any entry if it determines in its sole discretion that a finalist or winner has not complied with these rules, misrepresented itself in any way, or if awarding the grand prize to a winner may reflect negatively on DTN or a sponsor.

As used throughout these Contest Rules, the terms “you” and “your” refer to you, individually, as an authorized representative of your business or organization and to the business or organization itself that you represent.

CONTEST SCHEDULE: You may enter a submission in the contest between 12:01:00 am Pacific Standard Time (“PST”) on 5/5/09 and 11:59:59 pm PST on 12/01/09 (“Contest Entry Period).

ENTRIES: You (on behalf of your business or organization) may enter the contest by submitting all required information online by visiting the 100K Extreme Corporate Makeover website at www.100KRefresh.com during the Contest Entry Period and completing the online nomination form including a written essay that provides a compelling story, in 500 words or less, as to why your company is the most deserving multifamily firm in America as it relates to the following criteria: a) cutting back on expenses without cutting back on excellence, b) sustaining an outstanding motivational culture for employees and/or c) social responsibility. A company or representative of a company may submit multiple entries. Nomination forms may be accompanied by a YouTube video link expressing why your company is most deserving of the 100K Extreme Corporate Makeover. You must check the box indicating that you accept these rules, and follow the online instructions for completing the required nomination form and click “Enter Now”. The nomination page must be complete to have your submission entered into the contest. Any submission that does not include all required information and adhere to the foregoing and following Contest Terms of Submission will be considered void and will not be eligible to win the Prize.

CONTEST TERMS OF SUBMISSION: BY ENTERING A SUBMISSION, ENTRANT ACKNOWLEDGES THAT HIS/HER SUBMISSION MAY BE POSTED ON DTN’S WEBSITE AND, AT DTN’S SOLE DISCRETION, DEVELOPED INTO ONE OR MORE PROMOTIONAL VIDEOS OR OTHER MEDIA AS DETERMINED BY DTN. Entering a submission grants DTN and its agents an unlimited, worldwide, perpetual, license and right to publish, use, and publicly perform the submission, and any lifts or edited versions thereof. By submitting an entry, you grant to DTN and its alliance partners the right to use your name, likeness, picture, photograph, address (city and state), email address, voice, biographical information, submission/entry and written or oral statements, for advertising and promotional purposes in promoting or publicizing the contest, DTN and its mission and services, without compensation. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, rights of integrity or attribution, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, identity, picture, likeness, address (city and state), email address, biographical information or entry materials. The rights granted under this paragraph shall extend to DTN and its alliance partners and agents with respect to all entrants in the contest, including the entrant who is selected as the grand prize winner and those entrants who are not selected. DTN is under no obligation to use the winning entry or any other entry for any purpose.

Entrant agrees not to sue or assert any claim against DTN and its affiliates, officers, directors, agents, co-branders or other partners, and any of their employees, successors and assigns (the “Indemnitees”) arising out of their use of entry materials. Entrant agrees to indemnify and hold Indemnitees harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnities due to or arising out of entrant’s submission in this contest, or entrant’s conduct during and in connection with this contest, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy, or defamation. Entrant agrees to release and indemnify and hold harmless Indemnitees from any and all claims that any, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Indemnitees infringes on the rights of entrant’s work as contained in any submission.

Each submission may not be obscene or indecent, and may not include any sexually suggestive imagery, graphically violent imagery, or profanity;may not contain defamatory statements or racial slurs (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group); may not include threats to any person, place, business, group or world peace; may not depict alcohol consumption, drug use or gambling; may not invade privacy or other rights of any person, firm or entity; and may not in any other way violate applicable laws and regulations. Submissions may not contain or refer to any third party trademarks, and it may not contain or reference any names or third party logos. Submissions may not contain any copyrighted works (other than as owned by the entrant). Each submission must be entirely original and created by the entrant.

Each submission will be reviewed for content before being published or judged; however, such review does not relieve entrant from responsibility for compliance with these official rules. Any submission that does not comply with these official rules or that otherwise contains prohibited, or inappropriate content as determined by DTN, in its sole discretion, will be disqualified and will not be published or considered for the prize. DTN will make the final determination as to which submissions are eligible.

SELECTION OF WINNER: Beginning on July 14, 2009 and no later than January 30, 2009, a panel of judges will select the winning submission based on the judging criteria (“Judging Criteria”) as follows: (a) 50% ability to inspire others, (b) 50% fulfilling the contest criteria. In the event of a tie among submissions, the tied submissions will be judged by a second panel of judges. Winner is subject to verification, including without limitation, verification of eligibility, compliance with these official rules and completion of release forms (described below). If attempted notification is returned as undeliverable, if winner cannot be verified, or if the winner is otherwise unable to accept a prize, the prize will be forfeited. Entrants agree that DTN has the sole right to decide all matters and disputes arising from this contest and that all decisions of DTN are final and binding. Winner agrees to release, indemnify and hold Indemnitees harmless from any and all liability, loss, damage, cost or claim relating to any allegation regarding the acceptance or use of the Prize, including but not limited to the use of a promotional video that will be created in association with submission. No submission will be returned. DTN may, in its sole discretion, remove, delete and/or disqualify any submission deemed to be inappropriate or otherwise non-compliant.

PRIZE: Grand Prize: The grand prize winner will receive $100,000 in services to refresh their entire brand (the “Grand Prize”), including a new or refined logo, new corporate website, key brand messages, best of breed mentoring program, customer loyalty program, high caliber online training courses, eco audit, leadership retreat, customer service benchmarking, avatar-based virtual training session, public relations, effective recruitment resources and support, social media consultation, employee performance benchmarking, and a design makeover of the corporate office greeting area. The approximate tetail value (“ARV”) of the Grand Prize is $100,000.00. Other prizes may be added at the sole discretion ofDTN. Actual value of the makeover will depend on availability of products and services, the number of sponsors that agree to contribute their products or services to the Grand Prize. Winner may provide DTN with input regarding services which might best fit winner’s needs; however, DTN shall make the final decision regarding the services selected. The odds of winning the Grand Prize depends upon the number of eligible entries received during the contest period. In addition, the winner’s submission will be used by DTN to create a promotional video. Winner must accept prize as specified by DTN or prize will be forfeited. Prize cannot be assigned, transferred, or substituted.

Prizes are not transferable. No cash redemptions. No substitutions or exchanges of the grand prize will be permitted, except that DTN may provide a substitute at its sole and absolute discretion. The Grand Prize (and any other prizes that may be added) is awarded “AS-IS, WHERE-IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOR ANY IMPLIED INDEMNITIES). ACCEPTANCE OR USE OF THE PRIZE IS AT THE WINNER’S OWN RISK. PRIZE WINNER AGREES TO SIGN AN AGREEMENT ALONG THESE LINES AS A CONDITION OF ACCEPTING THE PRIZE.

GENERAL CONDITIONS: Winner is solely responsible for any applicable taxes on the prizes/services, if any. By participating, entrants agree to these official rules, which are final and binding in all respects. Further, by participating, entrants agree that contest submissions, and the personal information collected from entrants will be shared with DTN’s sponsors and alliance partners, subject to the Discover True North, LLC Privacy Policy, available at http://www.100KRefresh.com. Winner will be notified by phone, e-mail and/or mail and may be required to complete, sign and return an affidavit of eligibility/liability and publicity release within ten (10) days of receipt or prize will be forfeited and the first runner-up may be selected as the potential winner. If for any reason the Contest is not capable of running as planned, including without limitation, 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 contest, DTN reserves the right, at its sole discretion to cancel, modify or terminate the contest. Further, DTN reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the contest or any sponsor website; (b) violating the official rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. This contest is offered only in the United States and is governed by the laws of the state of California. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in San Francisco County, California.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Sponsor resulting from any user’s participation in or attempt to participate in the contest or ability or inability to upload or download any information in connection with participating in the contest. No responsibility or liability is assumed by DTN or its partners and affiliates for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the web site in whole or in part for any reason; traffic congestion on the Internet or the web site; unauthorized human or non-human intervention of the operation of the contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the contest. DTN is not responsible for any typographical errors in the announcement of prize or these official rules, or any inaccurate or incorrect data contained on the web site. Use of web site is at user’s own risk. DTN is not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the contest, use of the web site or the download of any information from the web site. By participating in the contest, the entrant releases DTN and Indemnitees from any and all claims, damages or liabilities arising from or relating to such entrant’s participation in the contest and/or use of the submission. By accepting the prize in the contest, winner agrees that DTN and Indemnitees shall not be liable for any loss or injury resulting from participation in the contest, acceptance or use of the prize, or any travel related thereto and/or use of the submission. DTN and Indemnitees are not liable in the event that any portion of the contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).

WINNERS LIST/RULES REQUEST: For the name of the winning company, send your request with a self-addressed, stamped envelope postmarked for receipt by August 30, 2009 to: 100K Refresh Contest Winners List, One Market Street, Spear Tower, Suite 3600, San Francisco, CA 94501. The finalists and the winner’s names will also be posted on the website at www.100KRefresh.com.

Copies of these Contest rules may be obtained by sending a self-addressed, stamped envelope to Veronica Dickerson or by emailing Veronica@DiscoverTrueNorth.com. Requests for Contest rules must be received by May 20, 2009. All times and dates in these Contest rules are Pacific Standard Time.

SPONSOR CONTACT: Discover True North, LLC One Market Street, Spear Tower, Suite 3600, San Francisco, CA 94501. Questions regarding the Contest can be directed by mail to Veronica Dickerson or by emailing Veronica@DiscoverTrueNorth.com