2015 Real Confidence™ University Portfolio Challenge Official Rules Legally Binding Agreement IMPORTANT: By clicking “I ACCEPT” or otherwise entering the 2015 Real Confidence™ University Portfolio Challenge, you are entering into a legally binding agreement with the Sponsors and agreeing to be bound by these Official Rules, which incorporate by reference the RealConfidence.com Terms of Use and Privacy Policy. Failure of one or more Team members to abide by these Official Rules may result in disqualification of the Team member and/or the entire Team in the Sponsors’ sole discretion. The Challenge and its Sponsors The Real Confidence™ University Portfolio Challenge (the “Challenge”) is being held by the following sponsors (“Sponsors”): Altus Group U.S. Inc. Harborside Financial Center 902 Plaza 2, 9th Floor Jersey City, NJ, 07311 National Association of Real Estate Investment Trusts (NAREIT) 1875 I Street NW, Suite 600 Washington, DC 20006 National Council of Real Estate Investment Fiduciaries (NCREIF) Two Prudential Plaza 180 North Stetson Avenue, Suite 2515 Chicago, IL 60601 The Sponsors may exercise any or all of their rights under these Official Rules individually or collectively. Students and Teams are required to respond to information requests and other directives from any of the Sponsors in carrying out the Challenge. Challenge Basics The Challenge is a simulated commercial real estate equity and debt asset allocation competition through the Sponsors’ Real Confidence University Portfolio Challenge platform (the “Challenge Platform”) available at www.realconfidence.com/universitychallenge (the “Challenge Website”). Teams of students from colleges and universities will use the platform to make investment decisions that will seek to maximize portfolio gains. The Challenge begins on July 1, 2015, and ends on June 30, 2016 (the “Challenge Period”). All participating Teams must be registered by the deadline on June 1, 2015 (see “Eligibility” and “Registration Process” sections below). Each Team will manage only one (1) portfolio during the Challenge, by selecting "Qualifying Choices" on or before June 15, 2015 (See "How to Participate" and "Qualifying Requirements" sections below). Prize The college or university of the winning Team will receive a $50,000 charitable contribution to be used for scholarships. The winning educational institution, or its suitable designated taxexempt affiliate, must enter into a gift agreement with one or more of the Sponsors which will provide that the scholarship funds be awarded to students in a business school’s real estate program or a similar school/program approved by the Sponsors. Why participate Although students and Teams will not receive a monetary prize for a winning portfolio, they will have the opportunity to participate in the competition and thereby gain knowledge related to handling investments, as well as enjoying the competitive aspects of the Challenge. The students on the winning Team will also receive recognition by virtue of being named as the winning Team members. Sponsors reserve the right in their sole discretion to distribute certificates, trophies, plaques and similar memorabilia to winning Team members indicating their victory and/or to other Team members indicating their participation or runner-up status. Students acknowledge and agree that participation is for general educational and entertainment purposes, and nothing in the Challenge materials should be deemed personal or professional financial or investment advice. Eligibility The Challenge is open to students enrolled in an undergraduate or graduate program at a college or university located in one of the fifty states of the United States of America or the District of Columbia. The college or university must be a tax-exempt educational institution; for-profit business colleges do not qualify. Students must attend the college or university at a campus located in the 50 states or District of Columbia. In addition, the student must reside in the 50 states or District of Columbia. A student must be at least 18 years of age (or, if higher, the legal age of majority for purposes of entering into a contest), at the time he or she registers to participate in the Challenge. Each Team must have three (3) or more eligible individual student members. All Team members must be enrolled at the same college or university designated by the Team members at the time of entering the Challenge and, unless Sponsors approve otherwise, must remain enrolled at that educational institution throughout the Challenge Period. If a Team member becomes ineligible (for example, the student ceases to be enrolled at the college or university or is unable or unwilling to continue to participate), the student leaving the Team or the Team Captain should promptly remove the student’s name from the Team records. Eligible students may be added to expand the Team or replace a departing Team member, provided that the Team must have at least three eligible student members throughout the Challenge Period. New Team members must register through the Challenge Website and accept the Official Rules. Teams may be disqualified if they cease to have at least three eligible student members throughout the Challenge Period. Teams must maintain accurate and current data about the Team via the Challenge Platform throughout the Challenge Period. Inaccurate and outdated data may result in disqualification of the Team. No educational institution may have more than one Team. If a student is enrolled at more than one educational institution, the student may not be a member of more than one Team. The Challenge is limited to the first 25 Teams to complete the Registration Process described in that section below. Employees and agents of the Sponsors, their affiliates and advertising and promotional agencies, each of their immediate family members (spouses, parents, children, and siblings and their spouses), and household members of each (whether related or not), are not eligible to participate. The Sponsors reserve the right to contact Team members and their colleges or universities to verify enrollment status. By entering the Challenge, the student hereby expressly authorizes his or her college or university to release information on the student’s enrollment status during the Challenge Period to the Sponsors for verification purposes and administration of the Challenge. In addition, each Team member agrees to provide the Sponsors with any requested documentation or proof of eligibility within the timeframe reasonably specified by the Sponsors. NO PURCHASE NECESSARY TO PARTICIPATE IN THE CHALLENGE. In order to register and participate in the Challenge, students will need Internet access and an email account through his or her college or university (a “School email account”). Any data and usage charges incurred by Team members are the sole responsibility of the students. The Sponsors are not responsible for any costs incurred by Team members for registering or participating in the Challenge. Registration Process Teams must have completed the registration process by no later than 5:00:00 pm Eastern Time on June 1, 2015 to be eligible to participate in the Challenge. To register for the Challenge, each Team must first visit the Challenge Platform at www.RealConfidence.com/universitychallenge and follow the on-screen instructions to complete a Team registration form (“Registration Form”). Team Captains will be required to provide the following information on the Registration Form: Team name; School name; Team bio; Team profile picture or logo; name of each Team member, each student’s School email address; and designation of a Team Captain who will be the Sponsors’ primary point of contact with the Team. Upon successful submission of the Registration Form, each individual Team Member (including the Team Captain) will receive an email confirmation. A student must complete his or her registration by following the instructions in the confirmatory email. Failure to follow the instructions and complete the registration process will mean that the student has not officially joined the Team. If a student fails to officially join the Team, the Team may be disqualified if it lacks the required minimum of three eligible students. By registering, each Team member agrees to be bound by these Official Terms, including the RealConfidence.com Terms of Use and Privacy Policy. In addition, each Team Member agrees that any and all information that he or she supplies in the registration and sign-up process is current, truthful, and complete. If any information is found not to be current, truthful, or complete, the related Team and Team member may be disqualified from the Challenge in Sponsors’ sole discretion. Team Profiles Once a Team has completed the registration process outlined above, the following information will be publicly available at the Challenge Website as part of the Team Profile: Team name; Team School; Team bio; and Team profile picture or logo, and Team member names. Content Submitted by Teams The information and content provided by a Team in connection with the Team Profile and the Challenge generally (collectively and separately the “Team Content”) must meet all of the following requirements: • • • • • • • • • • Team Content must NOT depict, identify, reference or include any person, entity, brand, product, or service, other than Team Members or, if proper permission has been obtained, their School. Team Content must NOT infringe, misappropriate, or violate any rights of any third party including, without limitation, patent, copyright, including moral rights, trademark, trade secret, or right of privacy or publicity. Team Content must not create or imply any association between Sponsors and any individual, entity, or anyone else or his, her, or its products or services. Team Content must NOT contain any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), recognizable branded products or commercial artwork, other than related to the participant's own School (if proper permission has been obtained from his or her School). Team Content must NOT include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawful, harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Sponsor, or any third party. Team Content must NOT contain or describe any harmful or illegal activity or content or in any way violate any federal, state, or local laws, rules, or regulations. Team Content must be suitable for presentation in a public forum. Team Content must NOT suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of any products or services. Team Content must be original and not plagiarized. Team Content must be free of harmful codes such as viruses and malware. Team members must not take any actions related to the Challenge Website that disrupt the normal functioning of the Website or that enable tracking of data entry by other Teams. Each Team member agrees to submit only Team Content that he or she has the right to submit and that the Sponsors may display and use in connection with the Challenge. Each Team member agrees that the Sponsors’ display and use of the Team Content will not violate any agreement to which the member is a signatory or party. Each Team Member agrees to indemnify the Sponsors against any and all claims from any third party regarding the use or reuse by the Sponsors of the Team Content. Access to Indexes In order to facilitate participation in the Challenge, Sponsors may make available to Team members limited access to data from one or more of the following indexes: FTSA NAREIT REIT index, NCREIF index, Markit index, Giliberto/Levy index. The access is granted solely for purposes of participating in the Challenge and solely during the Challenge Period. No student may share his or her access with others or make use of his or her access for any purpose other than participating in the Challenge. Team members acknowledge and agree that the indexes are valuable proprietary indexes and that any unauthorized use is illegal and may result in disqualification from the Challenge and legal action against any persons engaging in unauthorized use. How to Participate Each Team will manage only one (1) portfolio during the Challenge. Team Members will not have individual portfolios. Each Team begins the Challenge Period with one billion (1,000,000,000) fictitious U.S. dollars (“Attribution Bucks”) in its Team portfolio. The Team will use the Challenge Platform to invest the Attribution Bucks by the June 15, 2015 deadline. Team Members must reach a consensus regarding which way to allocate their Attribution Bucks. The allocations made by June 15, 2015 concerning the one billion Attribution Bucks are the allocations that the Team performance will be based on throughout the Challenge Period. No changes in allocations can be made after June 15, 2015. As to the possibility of making changes prior to June 15, 2015, Teams should make their initial allocations carefully because Sponsors reserve the right to refuse changes once the initial allocations are submitted. Each Team should utilize the entire one billion in Attribution Bucks. Attribution Bucks cannot be exchanged for actual currency and have no real-world cash value. Each Team member is responsible for complying with his or her educational institution’s rules and policies regarding use of the Internet, School email accounts, general School rules, and all applicable laws. Sponsors reserve the right, in their sole discretion, to disqualify any Team member or Team that tampers with or attempts to tamper with the operation of the Challenge, violates the Official Rules, acts in an unsportsmanlike or disruptive manner, acts with intent to annoy, abuse, threaten, or harass any other person, or takes action that reflects negatively upon the Challenge, the Sponsors, or any other person or entity. Qualifying Requirements Allocations must meet all of the following requirements: • • • • • Allocations must be based solely on the choices and benchmarks offered in the Challenge. Allocations should be selected by Team members only, not by professors, investment advisors and others. A Team should not discuss its allocation strategy with other Teams prior to submitting the allocations. Selections must be completed via www.realconfidence.com/universitychallenge by June 15, 2015. The use of any automated script, software, macro or robotic program or any other automated or improper means to select and submit allocations is strictly prohibited. Winner Determination and Portfolio Valuation The Team with the highest percentage gain in its portfolio's aggregate value (highest profit/loss (P/L) percentage) during the entire four-quarter Challenge Period will be the winning Team, subject to verification. Although Sponsors intend to display performance results quarterly (within approximately one month after the end of each quarter), only the final percentage at the end of the Challenge Period will be used to determine the winning Team. In the event of a tie, Sponsors will divide the prize among the winning Teams. If no Team has a percentage gain (all Teams sustain a loss), then the Team with the smallest loss will be deemed the winning Team. Teams should allocate the full one billion Attribution Bucks. If, however, the Challenge Platform processes a Team entry that fails to allocate the entire one billion Attribution Bucks, any unallocated Attribution Bucks will not count towards determining the percentage gain; unallocated Attribution Bucks will be deemed null and void. Winner Notification Once Sponsors have determined the potentially winning Team, the Team Captain for said Team will be notified by email or using other contact information provided to Sponsors. Sponsors also reserve the right to notify other Team members, as well as the faculty or administration at the educational institution where the winning Team is located. Notification is deemed to have occurred immediately upon sending of an email, time stamp of a voice message, or confirmation of receipt from delivery service. A winning Team may be disqualified if (a) any prize, prize notification or Challenge-related communication is rejected, faulty, or returned as undeliverable, (b) the potentially winning Team does not respond and cooperate according to the Sponsors’ instructions, or (c) if the potentially winning Team or any of its members fails to comply with any aspect of these Official Rules. If a potentially winning Team is disqualified, Sponsors may name the runner-up Team as the potentially winning Team in accordance with the winner determination procedures described above. To claim the prize, the educational institution must provide a Gift Agreement and such taxexempt status documentation, student eligibility verification, publicity release documentation, and other documentation as Sponsors may reasonably request. Sponsors may also request documentation Team members, including without limitation a signed Affidavit of Eligibility/Publicity Release. Failure of the educational institution or Team members to provide requested documents may result in disqualification. If required by law, Sponsors may withhold taxes related to a prize. Sponsors reserve the right, in their sole discretion, to disqualify at any time any Team or Team member who does not meet the eligibility criteria described in these Official Rules or has otherwise violated these Official Rules, even if the Team Member or Team has been notified or announced publicly or otherwise that he, she, or it may have or did win a prize. Publicity Release As a condition of participating in the Challenge, and in return for the learning opportunities and enjoyment of the competitive aspects of the Challenge, each Team member hereby grants to Sponsors the irrevocable, sublicensable, and absolute right and permission to use, publish, post, or display the Team's name, Team logo, Team photograph, Team performance data, and each Team member’s name, image, likeness, photograph, voice, prize information, biographical information, and any Challenge-related quotes attributable to the Team member (whether such data is published “as is” or as modified, edited, or used with other material in the Sponsors’ sole discretion), for advertising, trade, publicity, and promotional purposes without further obligation or compensation of any kind to him or her anywhere, in any medium now known or hereafter discovered or devised (including without limitation on the Internet), worldwide, without any limitation of time and without any notice or the opportunity to review or approve such use, except where prohibited by law. Nothing contained in these Official Rules obligates the Sponsors to make use of any of the rights granted in this section or to publish the names of participants or Team members. LIMITATION OF LIABILITY EXCEPT WHERE PROHIBITED BY LAW, EACH TEAM MEMBER HEREBY AGREES THAT ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS IN HIS OR HER FAVOR RELATED IN ANY MANNER TO THE CHALLENGE OR PRIZE SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED BY HIM OR HER, INCLUDING COSTS ASSOCIATED WITH ENTERING THE CHALLENGE, BUT IN NO EVENT ATTORNEYS’ FEES, AND UNDER NO CIRCUMSTANCES WILL HE OR SHE BE PERMITTED TO OBTAIN AWARDS FOR (AND HE OR SHE HEREBY WAIVES ALL RIGHTS TO CLAIM) PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. RELEASE OF LIABILITY IN ADDITION TO THE OTHER LIMITATIONS OF LIABILITY EXPRESSED ELSEWHERE IN THESE OFFICIAL RULES, SPONSORS ARE NOT RESPONSIBLE FOR ANY KIND OF TECHNICAL OR OTHER MALFUNCTION OR ANY HUMAN ERROR, WHICH MAY OCCUR IN THE PROCESSING OF PARTICIPATION IN THE CHALLENGE. SPONSORS BELIEVE THEIR DATA SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED. BY PARTICIPATING IN THE CHALLENGE, EACH TEAM MEMBER HEREBY AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SPONSORS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, AND PROMOTIONAL AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND ASSIGNS, FROM ANY CLAIMS OR LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE CHALLENGE OR THE ACCEPTANCE, POSSESSION, USE, MISUSE, DELIVERY, OR AWARDING OF THE PRIZE, OR WHILE PREPARING FOR, PARTICIPATING IN, OR TRAVELING TO OR FROM ANY PRIZE- OR CHALLENGE-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE. YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY YOU. SECTION 1542 READS AS FOLLOWS: "CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Choice of Law and Venue This Challenge and any related dispute (whether for breach of contract, tortious conduct, or otherwise) is and will be governed by the internal laws of the State of New York, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state's laws. By participating, each Team member hereby agrees to submit to exclusive personal jurisdiction in the federal and state courts in New York State and agrees that any dispute related to this Challenge shall be brought exclusively in the state or federal courts in New York State. Amendments to these Official Rules Sponsors reserve the right to postpone the Challenge, cancel the Challenge (in the event that less than ten Teams participate or for other reasons in Sponsors’ sole discretion), extend the registration deadline, change the portfolio investment dates, and make other changes to the Challenge in their sole discretion. In the event of amendments, Sponsors will post amended Official Rules at the RealConfidence.com website and send an email to any Team members registered at the time of the amendment. Winner’s List To obtain the name(s) of the winning Team(s), check the Challenge Website or send a selfaddressed, stamped envelope by September 30, 2016 to Altus Group U.S. Inc., Harborside Financial Center, 902 Plaza 2, 9th Floor, Jersey City, NJ, 07311. 047091.00012 Business 13750554v1
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