43North — Startup Madness Bracket Challenge Terms & Conditions

1. ELIGIBILITY: The 2019 Startup Madness Bracket Challenge (the “Contest”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are 18 years of age or older at time of entry. Employees, officers and directors of 43 North, LLC, 43North BPC, Inc., judges participating in the Competition (as defined below) and their respective family and household members are not eligible. The Contest is subject to all applicable federal, state, provincial and local laws and regulations and is void where prohibited by law.

2. SPONSOR: The Contest is sponsored by 43 North, LLC and 43North BPC, Inc. (collectively the “Sponsor”).

3. AGREEMENT TO OFFICIAL RULES: Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. PRIZE: There shall be one grand prize (the “Grand Prize”) of access to a suite to a 2019-2020 Buffalo Sabres game, with the date of the game to be determined by the Sponsor. All qualified entrants who complete a submission shall be entered to win a seat upgrade for up to four (4) tickets to the Sponsor’s 2019 Startup Competition finals (the “Finals”), to be held on October 30, 2019 in Buffalo, New York. For more information about 43North and the Competition, please visit https://www.43north.org/.

5. CONTEST PERIOD: The Contest begins on October 1, 2019 and ends on October 28, 2019 (the “Contest Period”).

6. HOW TO PARTICIPATE: Visit the Contest page at https://43north.org. You will be asked to complete a registration form and provide your name, email address and phone number. You will then have the opportunity to predict: the companies that will be in final top ten (10) of the Competition; the eight (8) companies that will be chosen to receive an equity investment at the Finals; and the company that will win the top award of a $1,000,000.00 investment. Once you have completed your selections, you may not modify the submission. LIMIT: One (1) Contest entry per person.

a. GRAND PRIZE: The entrant that has the highest score based on the scoring rubric (one (1) point for each correct top ten guess, two (2) points for every correct guess of the eight winners, and five (5) points for the correct guess of the $1,000,000.00 top winner) shall win the Grand Prize. In the event of a tie, entrants will be entered into a random draw to win the Grand Prize. Odds of winning in a random draw depend on the number of eligible entries received. The Grand Prize winner shall be selected within thirty (30) days following the Finals. The potential Grand Prize winner will be contacted via email within five (5) business days of date the winner is selected. Inability to contact the potential Grand Prize winner may result in disqualification and the selection of an alternate winner.

b. 2019 FINAL SEAT UPGRADE WINNERS: A random drawing will be conducted on or before October 28, 2019 from entries received during the Contest Period. Odds of winning depend on the number of eligible entries received. The Sponsor will attempt to notify the potential winner(s) via mail, email or phone within two (2) days of winner selection. If the potential winner does not respond within two (2) days after the first attempt to contact him/her, the entrant will be disqualified and an alternate potential winner will be selected in his/her place at random from all eligible entries received.

c. GENERAL: All potential prize winners will be subject to final verification by the Sponsor. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the prizes with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. Prizes are not refundable, non transferable and must be accepted as awarded. All expenses not specified are the sole responsibility of the prize winner(s), included but not limited to transportation expenses. The winner is responsible for any taxes and fees associated with receipt or use of the prize.

8. USE OF CONTEST INFORMATION: The Sponsor reserves the right to use any and all information related to the contest for editorial, marketing and any other purpose, unless prohibited by law.

9. CONDUCT: All contest participants agree to be bound by these Official Rules. The Sponsor, in its sole discretion, reserves the right to disqualify any person it finds to be tampering with the entry process, the operation of its website or is otherwise in violation of these rules. The Sponsor’s decision with respect to the prize winners and other matters pertaining to the Contest shall be final.

10. LIMITATIONS OF LIABILITY: Sponsor is not responsible for late, lost or misdirected email or for any computer, online, telephone or technical malfunctions that may occur. If for any reason, the contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort, Sponsor may cancel, terminate, modify or suspend the contest. Entrants further agree to release Sponsor from any liability resulting from, or related to participation in the Contest.

11. WINNERS LIST: The name of the winning entrant may be obtained by sending a self-addressed stamped envelope to: 43North, 640 Ellicott Street #108, Buffalo, New York, 14203.