2019-2020 Berkshire Bank Exciting Assists Official Rules

Berkshire Bank & Berkshire Bank Foundation

2019-2020 Berkshire Bank Exciting Assists – NESN Boston Bruins Broadcast Grant Program

OFFICIAL RULES

OVERVIEW

Berkshire Bank Foundation, Inc. in partnership with NESN is sponsoring the Berkshire Bank Exciting Assists grant program (the “grant program”), in which Berkshire Bank Foundation will award grants to three select 501(c)(3) non-profit organizations in 2020 resulting from activities taking place within the 2019-2020 regular season games of the NHL’s Boston Bruins. The grant program will run from October 3, 2019 to March 28, 2020 (“Program Period”).

Berkshire Bank Foundation will award $100 in grant funds to the Exciting Assists initiative for each assist earned by a Boston Bruins player during 2019-2020 regular season games (beginning October 3, 2019 and up to and including March 28, 2020). For the purpose of this grant program, an “assist” is defined as a shot, pass, puck deflection or any other touch by a Boston Bruins player directed towards a scoring teammate, which enables a goal, meaning that the player was “assisting” in the goal. Assists are an official statistic category and determined by NHL officials. No more than two (2) assists may be awarded per goal.

The total amount of grant funds awarded will depend on the number of Boston Bruins assists recorded during the Program Period. Three non-profit organizations chosen by Berkshire Bank Foundation will each receive an equal share of the total grant funds awarded during the Program Period. The three non-profit organizations selected as recipients of the grant funds to be awarded pursuant to the grant program are:

The Chica Project
Partners for Youth with Disabilities
Elizabeth Freeman Center

Grants Administration/SPONSOR

This grant program is being sponsored and administered by Berkshire Bank Foundation, Inc. (the “Sponsor”), 24 North Street, Pittsfield, MA 01201, who is responsible for overseeing the awarding of the grants, and whose decisions regarding the grant program are final. All communications with respect to the grant program, including requests to be removed from consideration, should be directed to the Sponsor at the foregoing address ATTN: Berkshire Bank Exciting Assists Grant Program.

SELECTION CRITERIA

In order to be eligible to be awarded grant funds in connection with the grant program, an organization must be a 501(c)(3) non-profit organization that is based in New England, is located in communities where Berkshire Bank has a presence and services under-resourced populations (collectively, the “Selection Criteria”). Sponsor has determined that The Chica Project, Partners for Youth with Disabilities and the Elizabeth Freeman Center (each an “Organization” and collectively the “Organizations”) each meet the Selection Criteria and has selected these Organizations as recipients of the grant funds to be awarded in connection with the grant program.

Selection notification

Sponsor has initially notified each of the Organizations of their selection in the grant program by phone, email or mail, and each Organization has informed Sponsor of its interest in participating in the grant program. In order to finalize their participation in the grant program, the Organizations shall be required to complete and return to Sponsor the grant agreement letter (“Agreement”) provided by Sponsor, which will outline the conditions of the grant award, and any other information required by Sponsor to claim the grant funds, prior to the deadline specified by Sponsor in the Agreement, as well as review these Official Rules (which shall accompany the Agreement). In the event that an Organization fails to complete and return the Agreement to Sponsor prior to the deadline set forth in the Agreement, the Organization shall be disqualified from participating in the grant program and Sponsor may, in its sole discretion, select another organization that meets the Selection Criteria to receive a grant award in the disqualified Organization’s place.

Organizations understand and agree that as a condition of receiving a grant award, Berkshire Bank Foundation may require attendance by their representatives at public and/or media events. This may include a check presentation event, on air interviews and related media/publicity opportunities. The Sponsor may also require that the Organizations promote the grant program on social media and through their other marketing channels and hold one or more employee volunteer activities offering company employees the chance to deepen their engagement with the organization.

VALUE OF GRANT AWARDS

Following the end of the Program Period, the total grant funds will be calculated and distributed equally between each of the eligible Organizations. The total amount of the grant funds to be awarded in connection with the grant program is unknown and will be based on the successful number of assists by Boston Bruins during the Program Period, but shall not exceed $50,000. The grants are not transferable and grant funds will be distributed in 2020. Organizations are responsible for any reporting requirements associated with the receipt of the grant funds.

RELEASE; CONSENT TO USE NAME

By participating in the grant program Organizations agree: (a) to accept and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects; (b) to release and hold harmless, the Sponsor, its subsidiaries and affiliates of the Sponsor, all agents or representatives of the foregoing, including without limitation their advertising and promotional agencies, and each of their respective officers, directors and employees (collectively, the “Released Parties”) from any and all claims, liability, loss or damage whatsoever arising with respect to the grant program or the awarding, receipt, possession and/or use or misuse of any grant and further acknowledge that none of the foregoing persons have made nor are responsible or liable for any warranty, representation or guarantee a particular purpose thereof; and (c) to consent to the use of their name, trademarks and logos and the name, image, voice, likeness, city and state of residence and/or photographs of their representatives without compensation in any publicity or advertising carried out in any medium worldwide by the Sponsor and/or its advertising or promotional agencies without limitation or further notification, and without providing compensation or intellectual property rights to the Organizations or their representatives, except where prohibited.

GENERAL CONDITIONS

Organizations may be disqualified from the grant promotion if Sponsor learns that they disparage the Sponsor during or after the Program Period. Sponsor retains the right to take legal action against any Organization who commits libel or slander against Sponsor during or after the Program Period.

Organizations may also be disqualified if Sponsor learns that their federal 501(c)(3) tax status changes resulting in a loss of said tax status.

In the event that an Organization is disqualified, the grant funds to be distributed to that Organization shall not be awarded and Sponsor, in its sole discretion, may select another organization as a recipient of the grant funds or split the grant funds among all remaining eligible organizations.

The Sponsor fully reserves the right, in its sole discretion, to cancel, suspend, terminate or modify the grant program if the grant program is not capable of being completed as planned for any reason, including a labor stoppage, tampering, unauthorized intervention, force majeure or technical failures of any sort, which corrupts or impairs the administration, security, fairness or proper execution of this grant program. Sponsor, in its sole discretion, also reserves the right to disqualify any Organization suspected of tampering with the grant program or otherwise violating these Official Rules.

The Sponsor is not responsible for printing errors in any grant program materials, including, but not limited to, these Official Rules. If, due to a production or printing error or other unforeseen error, there are more grant recipients than grants identified to be awarded, the Sponsor reserves the right to add additional recipients at their sole discretion if the recipient meets the Selection Criteria. No more than the maximum dollar value of grant funds listed herein will be awarded.

By participating in the grant program and voluntarily providing your information as described in these Official Rules and Regulations, Organizations agree to the collection and use of Organization information by the Sponsor and its representatives, promotional agencies and marketing organization for the purpose of administering the grant program, including without limitation contacting awardees in the respect of the grant program and disclosing the list of grant award recipients. Such information may be used for future promotions and marketing of the Sponsor, its affiliates, representatives, and promotional agencies but will not be used for any other purpose nor will it otherwise be disclosed to third parties, unless otherwise required by law. If Organizations would like to be excluded from all lists used by the Sponsor for any future promotions and marketing by the Sponsor, please send a letter requesting removals from such lists to the Sponsor at ATTN: Berkshire Bank Exciting Assists Grant Promotion, PO Box 1308, Pittsfield, MA 01202-1308.

This grant program and the terms and conditions contained in these Official Rules shall be exclusively governed and constructed in accordance with the laws of the Commonwealth of Massachusetts and the federal laws of the United States of America applicable therein. Any and all disputes, claims and causes of action arising out of or connected with this grant program or any grant award that is awarded shall be resolved individually, without resort to any form of class action, and shall be adjudicated solely in a state or federal court that serves Berkshire County, Massachusetts.

This grant program is subject to all applicable federal, state, local laws and regulations. Void where prohibited or restricted by law.

If any one or more provisions of these Official Rules is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, effect or enforcement of any other provision or provisions of these rules.