The Promotion and Eligibility. Sterling Savings Bank ("Sterling") is sponsoring the First Friday Favorite Promotion (the "Promotion"). Only those businesses that participate in "Downtown Spokane First Friday" and are listed as a Downtown Spokane First Friday participant on the Downtown Spokane Partnership's list maintained and held by Leanne Sangster (each a "First Friday Business") are eligible to win.
How To Enter. The Promotion begins on the first Friday in October 2010 (October 1, 2010) and ends on the first Friday in September 2011 (September 2, 2011) (the "Promotion Period"). Individuals may vote for their First Friday Favorite business on-line at www.downtownspokane.org and/or by ballot entry. There are no restrictions as to whom and how many times an individual may vote for a First Friday Business. Ballots may be obtained from any First Friday Business, the Pacific Northwest Inlander or any participating Sterling Savings Bank branch. The participating Sterling Savings Bank branches (the "Participating Branches") are as follows: (i) Spokane Main, 111 N. Wall St., Spokane Washington (509) 624-4121; (ii) Northtown, 103 E. Queen Ave., Spokane, Washington (509) 483-0425; (iii) Manito, 3000 S. Grand Blvd., Spokane, Washington (509) 624-8238; (iv) Argonne, 507 N. Mullan Rd., Spokane, Washington (509) 921-9550; (v) Convenience Center, 206 W. Riverside Ave., Spokane, Washington (509) 458-2251; (vi) Spokane Valley, 11205 E. Sprague Ave., Spokane, Washington (509) 891-5985; (vii) Northpointe, 9425 N. Nevada, Ste. 110, Spokane, Washington (509) 468-3740; (viii) Liberty Lake, 21601 Country Visa Dr., Liberty Lake, Washington (509) 892-1357; and (ix) Medical Lake, 120 S. Broad St., Medical Lake, Washington (509) 299-3161. Written ballots must be returned to any First Friday Business or any of the Participating Branches. Spokane, Washington (509) 468-3740; (viii) Liberty Lake, 21601 Country Visa Dr., Liberty Lake, Washington (509) 892-1357; and (ix) Medical Lake, 120 S. Broad St., Medical Lake, Washington (509) 299-3161. Written ballots must be returned to any First Friday Business or any of the Participating Branches.
Award. Each calendar quarter, the First Friday Business with the most votes for that particular quarter will be awarded the First Friday Favorite trophy. Ballots for the then applicable calendar quarter must be received by close of business on December 31, 2010, March 31, 2011, June 30, 2011 or September 30, 2011. Ballots will not be carried forward for entry into the next calendar quarter. The winning First Friday Business for the just ended calendar quarter will be announced in January 2011, April 2011, July 2011 and October 2011. The winning First Friday Business with the most votes for the then calendar quarter will be awarded the First Friday trophy to be kept at its place of business until the end of the following quarter at which time the First Friday trophy will be awarded to the next First Friday Business. The First Friday trophy will be presented to each winning First Friday Business by Sterling and the Downtown Spokane Partnership on a date to be agreed upon between the winning First Friday Business, Sterling and the Downtown Spokane Partnership. Each winning First Friday Business will also be awarded a certificate that may be kept permanently.
Award Restrictions. A First Friday Business is only eligible to win the First Friday trophy once during the Promotion Period. If a First Friday Business receives the most votes more than once or has previously received the First Friday trophy during the promotion period, then the First Friday trophy will be awarded to the First Friday Business with next amount of votes and which has not previously been awarded the First Friday trophy.
Odds. Actual odds of winning depend on the number of eligible entries received.
Decisions. By participating and casting a vote in this Promotion, the First Friday Businesses and the voters agree to abide by and be bound by these Official Rules, and to accept the decisions of Sterling and the Downtown Spokane Partnership as final. The First Friday Businesses and each voter also agrees to hold Sterling and the Downtown Spokane Partnership and each of their officers, directors, employees, representatives and agents harmless from any liability arising from participation in this Promotion. Sterling and the Downtown Spokane Partnership and each of their officers, directors, employees, representatives and agents are not responsible for any negligence, claims, liability, injury, property loss, or other damages of arising from, or in connection with, this Promotion. Sterling and the Downtown Spokane Partnership is not responsible for lost, late, misdirected, undeliverable, illegible, or incomplete ballots, whether due to system errors or failures, faulty transmission or other telecommunications malfunctions, ballots not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, technical malfunctions or otherwise. A ballot will be deemed void and not counted in the event of uncertainty as to the identity of the First Friday Business for which the ballot was cast. Sterling and the Downtown Spokane Partnership may prohibit a voter from casting any votes in the Promotion if, in their sole discretion, they determine that said voter is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any First Friday Business, the Downtown Spokane Partnership or Sterling. If for any reason this Promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sterling or the Downtown Spokane Partnership which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then Sterling and the Downtown Spokane Partnership reserves the right at their sole discretion to cancel, terminate, modify or suspend the Promotion. CAUTION: ANY ATTEMPT BY A VOTER TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STERLING AND THE DOWNTOWN SPOKANE PARTNERSHIP RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH VOTER TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Publicity. Each First Friday Business winner agrees to permit Sterling to use its likeness in promotional and other Sterling materials, without additional compensation or permission, except where prohibited by law.
Compliance with Law. All issues and questions concerning the construction, validity interpretation, and enforceability of these Official Rules, or the rights and obligations of any voter, First Friday Business, the Downtown Spokane Partnership and Sterling in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of Washington, without regard to its choice of law provisions.
Resolution of Disputes. Except where prohibited by law, as a condition of participating in this Promotion, each voter and First Friday Business agrees that (1) any and all disputes and causes of action arising out of or connected with the Promotion shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest Spokane, Washington; (2) the laws of the State of Washington will govern the enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any voter or First Friday Business be permitted to obtain awards for, and each such voter and business hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than actual out-of-pocket expenses (i.e., costs associated with entering the Promotion), and waives all rights to have damages multiplied or increased.
Miscellaneous. Sterling may amend the rules or discontinue the Promotion at any time. Sterling disclaims any responsibility to notify participants of any aspect related to the conduct of this Promotion. Written copies of these rules are available during normal business hours at the Participating Branches and by mail upon written request to Sterling, Attn: Marketing, 111 North Wall, Spokane, Washington 99201, with a stamped, self-addressed return envelope.
Winner List. Quarterly winners will be announced in January 2011, April 2011, July 2011 and October 2011 in the Pacific Northwest Inlander, in radio advertisements and on the Downtown Spokane Partnership's web site at www.downtownspokane.org.
Sponsor. The Promotion is sponsored by Sterling Savings Bank, headquartered at 111 N. Wall Street, Spokane, Washington 99201.