USA TODAY 10BEST Readers' Choice Awards Official Rules

SPONSOR

The USA TODAY 10BEST Readers’ Choice Awards contest (the “Contest”) is sponsored by Gannett Satellite Information Network, LLC d/b/a USA TODAY, 1675 Broadway, 23rd Floor, New York, New York 10019 (“Sponsor”).

CONTEST DESCRIPTION

The Contest focuses on and highlights the best businesses, companies, groups, locations, events, items and services (each the “Business” and collectively the “Businesses”). The Contest is divided into categories (each a “Category” and collectively the “Categories”), and Sponsor will post a list of up to twenty (20) Businesses by Category (the “Business List”) for public voting on https://10best.usatoday.com/awards/ (the “Website”) to determine the USA TODAY 10BEST Readers’ Choice winners.

VOTING PERIOD

Commencing on the date each Business List goes live on the Website, readers can vote for their favorite nominated Business. Voting by the public will continue for twenty eight (28) consecutive days beginning at 12:00 noon Eastern Time (“ET”) on the date of publication of the Business List and ending at 11:59 a.m. ET on the 28th day (the “Voting Period”). At the conclusion of the Voting Period, the ten (10) Businesses receiving the most Votes (as defined below) will be designated as the USA TODAY 10BEST Readers' Choice for their respective Category and awarded a USA TODAY 10BEST Readers’ Choice Awards badge of recognition as the USA TODAY 10BEST Readers' Choice.

VOTER ELIGIBILITY

The Contest is open only to legal residents of the United States who are eighteen (18) years of age or older (or the age of majority in his/her state of residence at the time of voting) (each the “Voter” and collectively the “Voters”).

VOTING RULES

During the Voting Period, the Voter should navigate to the Website and vote for Businesses as instructed by Sponsor on the Website (each the “Vote” and collectively the “Votes”). Voters may cast one (1) Vote per Category per day during the Voting Period. There is no fee to vote in this Contest. Votes are only accepted via the Website; Votes submitted by mail, e-mail, or in person are void. Vote totals are confidential and will not be published at any time during the Voting Period.

The Vote must be cast by a “unique” Voter which is an individual person who has unique information (such as an email address) that is not shared with any other Voter. If Sponsor determines, in its sole discretion, that an abuse of the “unique” voter rule has occurred, Sponsor may disqualify Votes cast by such Voters, including if more than five (5) of such Voters are participating in the voting process from the same residential computer “IP address”. Sponsor will not be responsible for misdirected Votes. Votes generated by a script, macro, or other automated means are prohibited and such Votes will be disqualified, in Sponsor’s sole discretion. Any use of robotic, repetitive, automatic, programmed, or similar voting methods or agents (including, but not limited to, vote-swapping sites or “farming” services), as determined by Sponsor in its sole discretion, is prohibited and will void all Votes submitted by that Voter.

Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Business or Voter (collectively, 'Participants') if it determines that such Participants have engaged in, or have actively encouraged, any form of collusion, fraudulent activity, or any other conduct designed to circumvent or undermine the integrity of the Contest or these Official Rules. Such disqualification may be exercised regardless of whether the prohibited activity was conducted directly or indirectly. Businesses are prohibited from obtaining Votes by any fraudulent or inappropriate means, including, without limitation, offering promotions, sweepstakes, giveaways, prizes, cash, gift cards or other financial considerations, or other inducements to members of the public, as determined by Sponsor in its sole discretion. Any finding of collusion or rule violation by the Sponsor shall be final and binding. Upon such determination, Sponsor may, without prior notice, bar the offending Business and/or Voter from any further participation in the Contest and forfeit any recognition previously earned. If a dispute arises regarding compliance with these Official Rules, Sponsor may consider, in its sole discretion, data reasonably available to Sponsor through information technology systems in Sponsor’s control, but Sponsor will not be obligated to consider any data or other information collected from any other source. Sponsor maintains sole discretion in determining whether a voting practice violates the integrity of the Contest.

If Sponsor determines, in its sole discretion, that the security, administration, fairness and/or operation of the Contest has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Sponsor’s control, Sponsor may terminate the Contest. If Sponsor terminates the Contest, Sponsor will post notice of same and select the Category winners by applying the criteria set forth above based on eligible, non-suspect Votes received as of the Contest termination date.

SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO DISQUALIFY ANY VOTE, VOTER OR BUSINESS AT ANY TIME THAT IN ITS OPINION DOES NOT COMPLY WITH THESE OFFICIAL RULES.

ENTRY INFORMATION; COMMUNICATIONS

As a condition of voting in the Contest, the Voter gives consent for Sponsor to obtain, process, store and deliver his or her name, address and other collected information to Sponsor and to Sponsor’s service providers and business partners: (i) for the purpose of administering this Contest; (ii) to comply with applicable laws, regulations and rules; and (iii) to communicate with the Voter about offers and promotions from Sponsor and Sponsor’s affiliates and/or business partners. Any information the Voter provides to Sponsor may be used to communicate with the Voter in relation to the Contest and/or for the other purposes specified herein.

PRIVACY; OPT-OUT

Collection and use of personally identifiable information will be in accordance with Sponsor’s Privacy Policy or the applicable business partner’s privacy policy. Any email communication from Sponsor, its service providers and/or its business partners will contain an Unsubscribe link enabling the Voter to opt-out of further communications (except for Contest administration if the Voter continues to participate after unsubscribing). The Voter may request deletion of his/her account by e-mailing Sponsor and following the instructions provided.

Sponsor’s Privacy Policy: www.usatodayco.com/privacy-statement/.

ODDS OF WINNING

Odds of winning depend on the total number of Votes a Business receives during the Voting Period.

BUSINESS GOOD CONDUCT

Any Business may be disqualified if the Business representative or owner partakes in any activity or act that, in Sponsor’s reasonable judgment, (a) tends to bring the Business into public disrepute, contempt, scandal, or ridicule, or tends to shock insult, or offend the majority of the consuming public or any protected class or group; and/or (b) may in any way injure or adversely reflect on the name, goodwill or reputation of Sponsor’, its affiliates, or respective products, logos or trademarks, including, without limitation, being arrested, charged with or convicted of substance abuse or DWI, a felony or misdemeanor, or crime of moral turpitude, or charged with a fraud (“Negative Acts”). For the avoidance of doubt, Negative Acts shall include any public or private communication, including but not limited to social media posts, blog entries, videos, or participation in online forums, that in Sponsor’s reasonable judgment reflects poorly on the Business or Sponsor. If the Business commits any of the Negative Acts, Sponsor shall have the right, in its sole and absolute discretion, to disqualify such Business, without any further obligation or liability to the Business. This provision applies to Negative Acts committed during the Voting Period, as well as any prior acts that become public knowledge, regardless of when they occurred. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Business that is not in good financial standing with Sponsor, its parent company, subsidiaries or publications.

HOW WINNERS ARE CHOSEN

The ten (10) leading Vote recipients in each Category will be declared the Contest winners (each the “Winner” and collectively the “Winners”).

ANNOUNCEMENT OF THE WINNERS

The Winners will be announced on the Website at the conclusion of the Voting Period.

INTERNET

It is each Voter’s responsibility to vote according to these Official Rules. Each Voter is responsible for all costs or charges involved in accessing the Website and warrants that the cost of accessing the Website, if any, is part of a larger agreement with an Internet Service Provider or some other means, and that the cost of this access is not an incremental cost. If for any reason the internet portion of the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the voting process, and to cancel, terminate, modify, or suspend any part of the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, or destruction or unauthorized access to, or alteration of Votes. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, services or providers, computer equipment, software, failure of any Vote to be received due to technical problems or traffic congestion on the internet or at the Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading of any material in this Contest. CAUTION: Any attempt by a Voter to deliberately damage the Website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.

SUSPENSION / MODIFICATION / TERMINATION

In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest. Sponsor additionally reserves the right, in its sole determination: (a) to modify, suspend or terminate the Contest at any time; or (b) to permanently disqualify any Voter that Sponsor reasonably believes has been: (i) tampering with the voting process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an unsportsmanlike manner.

GOVERNING LAW

This Contest and these Official Rules will be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from or relating to this Contest, these Official Rules (including their construction, validity, and enforceability), and/or any rights or obligations hereunder will be adjudicated, individually (not by any class or representative action), exclusively in the State or Federal Courts located in Delaware.

WAIVERS, DISCLAIMERS AND RELEASES; LIMITATION OF LIABILITY

By participating in this Contest, the Voter agrees to release, discharge and hold harmless Sponsor and each of its divisions, affiliates, parent companies, subsidiaries, advertising and promotion agencies, prize suppliers and their respective directors, officers, employees and agents (collectively “Releasees”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the Voter’s participation in this Contest and/or related to any prize (including, without limitation, losses, damages or injuries to the Voter’s or any other person’s equipment or other property, or to their persons, related to participation in this Contest; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize). Without limiting the generality of the foregoing, the Voter agrees that the Releasees: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest. The Voter agrees that the Releasees shall have no responsibility or liability for human error; incorrect or inaccurate transcription; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by the Releasees; interruption or inability to access the Website, or any online service via the Internet due to hardware or software compatibility problems; any damage to the Voter’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Contest; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Releasees. Each Voter further agrees to indemnify and hold harmless Releasees from and against any and all liability resulting or arising from the Voter’s participation in the Contest and to release all rights to bring any claim, action or proceeding against Releasees. Releasees are not responsible for the actions of the Voters in connection with the Contest, including the Voter’s attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest.

LIMITATION OF LIABILITY

THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASEES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTEST, REGARDLESS OF THE NUMBER OF CLAIMS OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $500.

MISCELLANEOUS

The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of the Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in the Official Rules, Sponsor has sole and absolute determination. By participating in the Contest, the Voter hereby agrees to waive any rights to claim ambiguity of the Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in Contest-related materials or communications, Privacy Policy or Terms of Use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute determination. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Contest. Sponsor reserves the right to change, alter, or amend these Official Rules as necessary, in its sole determination, to ensure the fair administration of the Contest or to comply with applicable law. Sponsor reserves the right to change the duration of the Voting Period in its sole discretion and with or without notice. Any and all decisions of Sponsor regarding the Contest are final.

TRADEMARKS

Sponsor owns all rights, title, and interest in and to its name and logos including, but not limited to, USA TODAY 10BEST, USA TODAY 10BEST Readers’ Choice Awards, and the USA TODAY 10BEST Readers’ Choice Awards badge (collectively, the "USAT 10BEST Logos"). None of the USAT 10BEST Logos may be used, reproduced, or published in any form or for any purpose without the prior written permission of Sponsor.

QUESTIONS

Questions on the Contest should be directed to https://10best.usatoday.com/contact-us/