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By Participating, You Agree To Be Bound To All of the Following Official Rules and
All Decisions Made By Table Bay Financial Network, Inc.:
This contest applies strictly to paid Aviva annuity business submitted through Table Bay. All eligibility and qualification requirements, terms, conditions and restrictions are subject to change without notice as deemed necessary in Table Bay’s sole discretion. All language shall be strictly construed and there shall be no exceptions. These official contest rules shall govern the production contest and may not be waived, amended or supplemented except in Table Bay’s sole discretion. This contest is void
where prohibited by law and any advisor participating in this production contest
accepts and agrees to be bound by all contest rules including but not limited to any
limitations and restrictions. Any winner may disclaim his/her prize. Table Bay reserves
the right to select a comparable substitute vehicle in the event that a particular vehicle
advertised for this contest is unavailable. All contest rules are subject to change without
notice. This contest is only offered in the contiguous United States.
Eligibility: To be eligible to compete in this production contest, advisors must be contracted with Table Bay. This is a private contest that is exclusive to Table Bay advisors and shall not be open to the public or non-affiliated producers. Eligibility is subject to all restrictions.
Qualifications: The qualification period for this contest is May 1, 2011 through April 30, 2012, officially ending at midnight. For purposes of calculating production and determining winners in this contest, eligible advisors will receive production credit on Aviva annuity business that was written and submitted through Table Bay during the contest qualifying period and paid no later than midnight, April 30, 2012. Any business that does not satisfy each contest rule shall not be considered and counted toward calculating any participating advisor’s qualifying production level. Table Bay reserves the right to disqualify any participant found to be acting in violation of any or all of the Official Rules.
Terms, Conditions and Restrictions: This contest is only open to eligible individual advisors. Groups may not be formed to pool qualifying amounts. All qualifying amounts must be earned by the individual advisor and all or any portion of qualifying amounts may not be transferred to another advisor(s) for purposes of this contest. Lease awards shall be for a twenty-four (24) month period and shall not be transferable. Under no circumstance may the lease award be transferred or assigned to another person or entity, and the lease terms may not be amended by contest winners. The lease start date shall be solely determined by Table Bay. The lease award shall be comprised of monthly lease payments only; there is no cash value or lump sum payment option in this contest. Qualifying advisors are only eligible to win one lease award in this contest, regardless of his/her final qualifying production amount. Lease winners must have a valid driver’s license and full coverage auto insurance on the leased vehicle for the entire term of the lease. Table Bay shall be responsible only for the amount of the monthly lease payments, per the payment terms set forth in the vehicle lease. Table Bay, in its sole discretion, shall choose the color and model type of the vehicle, date of delivery, and all other contractual decisions pertaining to the vehicle itself. Under no circumstance shall the lease be transferred into another individual or company’s name, nor shall the winner lessee choose another model type, choose the location where the vehicle is purchased or choose the vehicle sales representative that the vehicle will be purchased from. Under no circumstance shall any winner of the contest be influential in any manner relating to or arising from this contest or the lease agreement. Each winner lessee shall not be authorized to make any amendments to the lease. Winner lessees may be subject to a leasing agent credit check that may adversely impact a winning advisor’s ability to claim the prize. With the exception of the monthly lease payments, winners shall be solely responsible for all other fees and costs related to or arising from the lease agreement including all taxes, vehicle registration fees, vehicle operating expenses, vehicle services, vehicle routine and non-routine maintenance, vehicle repairs and vehicle insurance. Table Bay Financial Network, Inc. will make the payments directly to the winner lessees for the duration of the 24 month lease period. Winner lessees shall be required to immediately remit such payments to the leasing/financial company who issues the lease. All winner lessees shall assume full responsibility for remitting payments in a timely manner. Winner lessees further understand and agree that Table Bay Financial Network, Inc. shall not in any way be held responsible for any additional charges, including late fees, related to winner lessees’ failure to comply with any provision of the lease agreement or these rules.
Important Award Restrictions: Any winner lessee that subsequently violates any of the terms, conditions or restrictions shall effectively forfeit any right to receive further lease payments by Table Bay. In that event, Table Bay shall be fully released from any further financial obligation and the winner lessee shall immediately assume full financial responsibility for any and all remaining lease payment obligations. The maximum number of winners for this contest is nine (9), regardless of the number of advisors who may qualify for any of the award levels. The lease awards shall be allotted as follows: there shall be a maximum of one (1) winner for the Bentley, a maximum of three (3) winners for the Jaguar and a maximum of five (5) winners for the Roadster. In the event more than one advisor qualifies to win a lease in any of the categories, the lease winners shall be selected based solely on the highest final qualifying production numbers. To illustrate, if nine (9) advisors all qualify to win the Bentley lease, the advisor with the highest qualifying production number shall be awarded the 2011 Bentley Continental lease. The next three (3) advisors with the highest qualifying production numbers shall be awarded the 2011 Jaguar XJ leases and the remaining five (5) 2011 Can Am Spyder Roadster leases shall be awarded to the five (5) advisors with the next highest qualifying production numbers.
Legal: It is the winner’s sole responsibility to seek individual professional tax, legal and accounting advice to determine whether the award will have any material impact on the winner with respect to taxes, income, government entitlements or other benefits or any other personal legal or financial matters. Table Bay shall file a 1099 form with the IRS and it is the winner’s sole responsibility to report the value of the award.
Disclaimer: Table Bay Financial Network, Inc. and its affiliates are in no way associated with Bentley Motor Co, Jaguar Cars, Can Am BRP or their subsidiaries or affiliates. Table Bay expressly disclaims any and all warranties in connection with any lease award and vehicle subject to any lease award. Table Bay expressly disclaims any liability and/or responsibility connected to the use, operation, manufacturing or condition of any vehicle covered by a lease award.
Waiver and Release: By participating in this contest, advisor agrees to release Table Bay Financial Network, Inc., its owners, directors, officers, employees, representatives and agents (the “Company”) from any and all liability related to or arising from participation in this contest and acceptance and use of any award. This waiver and release shall apply to any and all claims, injuries, losses or damages of any kind, regardless of legal theory, and each winner agrees to hold harmless the Company from any and all claims, injuries, losses or damages of any kind, regardless of legal theory, related to or arising from the winner’s participation in this contest or the winner’s acceptance or use of any award. This waiver and release shall be binding on all Parties’ respective heirs and assigns.
Forum and Arbitration: By participating in this contest, participants agree that California law shall apply to any dispute and participants agree that all disputes and claims that arise from said contest shall be submitted to binding arbitration pursuant to the provisions of title 9 of Part III of the California Code of Civil Procedure, commencing at section 1280 et seq. or any successor or replacement statutes. Contest participants further agree that binding arbitration shall be the sole, exclusive and final remedy for any dispute related to this contest. Contest participants agree that the arbitrator shall have the power to award any remedies, including attorneys’ fees and costs, available under applicable law that a California court could order. Accordingly, neither Table Bay nor any participant will be permitted to pursue court action regarding claims that are subject to arbitration.