We’re currently judging commercial submissions to find the best of the best. Come back soon to see the winning spots that will air on TV!

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Union Bank Design Your Own Commercial (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years old at the time of entry. Employees of Union Bank, N.A. ("Union Bank"), Eleven, Inc., B-Reel Los Angles, LLC, ePrize, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Sponsor: Union Bank, N.A., 400 California St., San Francisco, CA 94104.
Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069.

3. Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning the prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Contest begins on October 29, 2012 at 11:59 p.m. Pacific Time ("PT"), ends on December 31, 2012 at 11:59 p.m. PT (the "Contest Period") and consists of two (2) phases as set forth in the chart below.

Phase	Starts at 12:00 a.m. PT	Ends at 11:59 p.m. PT
Submission/Voting	October 29, 2012	December 31, 2012
Judging	January 1, 2013	January 30, 2013

Sponsor's computer is the official time-keeping device for the Contest.

5. How to Enter: During the Submission/Voting Phase, visit www.commercial.bankingbydesign.com (the "Website") and follow the links and instructions to complete and submit the registration form, including your name, email address, phone number and zip code. Then, follow the directions to upload (from your desktop or laptop) an optional photo of yourself (not available to users of tablets or similar devices, photo submissions are not required for entry), create one (1) custom TV spot by selecting from the features displayed on the screen and a short title of the TV spot 65 characters or fewer), hereafter collectively referred to as your submission ("Submission"). By recording or uploading your Submission, you agree that your Submission conforms to the Submission Guidelines and Content Restrictions as defined below (collectively, the "Guidelines and Restrictions") and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.

Photo Guidelines:

• ·  The photo Submission must be in .jpg, .png, .gif or .bmp format; and
• ·  The photo Submission must not exceed 5 MB in size.

Title Guidelines:

• ·  The TV spot Submission must contain a title; and
• ·  The TV spot Submission's title must be in English.

"Content Restrictions" are defined as:

• ·  The Submission must not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• ·  The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
• ·  The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
• ·  The Submission must not contain images or artwork not created by entrant;
• ·  The Submission must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• ·  The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• ·  The Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.

Grant of Rights: I hereby grant to Union Bank, its agents (including, without limitation, Eleven Inc., B-Reel Los Angeles, LLC, Administrator, and others working for it or on its behalf and their respective parents, subsidiaries, affiliates, licensees, successors, and assigns, (collectively, the "Permitted Parties") the unlimited right and permission to use, distribute, publish, exhibit, digitize, broadcast, display, post, reproduce, edit, composite, morph, scan, duplicate, alter, create derivative works from, and otherwise exploit any material and information I submit to Union Bank, whether through the Website directly or any third party site (e.g., Twitter, Facebook, etc.), (including, without limitation, photographs, videos, artwork, names, titles, stories, images, pictures, likenesses, statements, text, the name and address of my business, the logo(s) and other trademarks of my business, trademarks, information regarding my use and/or my business' use of Union Bank and/or Union Bank products/services or those of Union Bank competitors, as well as my Persona (as defined below), and all material and information incorporated therein, (collectively, my "Submission"), or any part thereof, and any material based thereon or derived therefrom, together with any fictional or nonfictional material, in any manner or media whatsoever, including social media, (whether now known or hereafter devised), anywhere in the world, at any time, for any purpose which the Permitted Parties deem necessary or desirable (including, without limitation, for purposes of advertising, promotion or trade). My "Persona" means my name, Twitter handle, social media profile information and profile picture, social website identifier, photograph, moving image, likeness, voice, performance, biographical information and/or statements. Furthermore, the Permitted Parties are free to use any ideas, concepts, know-how, or techniques contained in or derived from my Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation, notification, approval or any other obligation, to anyone, including myself.

Digital Millennium Copyright Act (DMCA) Infringement Notification: I agree that if I believe that any of the materials on this Website infringe a copyright, whether user generated content or otherwise, I will notify Union Bank of the copyright infringement claim in accordance with the procedures described below and will send such a notification to Union Bank's designated DMCA agent at Union Bank, N.A., "Attn: General Counsel", 400 California Street,
San Francisco, CA 94104 (Email: LegalDivision@unionbank.com / Phone: 415-765-3774). I agree to submit the notification in writing and provide the following:

a )   A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b )   Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

c )   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d )   Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

e )   A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

f )   A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more information (see DMCA, 17 U.S.C. § 512(c)(3).

No Obligation to Post: I understand that the Permitted Parties shall have no obligation to post or otherwise use the Submission or the rights granted herein, and the Permitted Parties may refuse to post or at any time abandon the posting (or any portion thereof) or other use of the Submission for any reason, with or without legal justification, excuse or notice, and I shall not be entitled to any damages or other relief by reason thereof. Some Submissions that will be posted may not actually appear on the Website for up to twenty-four (24) hours or more after upload.

My Privacy:

a )    The Permitted Parties may collect certain personally identifiable information from me, such as my name, email address, social website identifier, and any other personal information I provide. The Permitted Parties may use this information only to contact me about the Website and the posting of my Submission. In addition, I acknowledge and agree that Union Bank may preserve my Submission and may also disclose my Submission if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these guidelines; (c) respond to claims that any such Submission violates the rights of third parties; or (d) protect the rights, property, or personal safety of Union Bank, the Website, its users, and the public. Details regarding Union Bank's use of personally identifiable information included in Submissions are set forth in Union Bank's Privacy Policy https://www.unionbank.com/personal-banking/privacy-security/privacy-policy.jsp.

b )    I agree that my Submission, and any information or content I submit in a public form, including any personally identifiable and/or health information, is public and is not protected like other information I submit that is subject to the Union Bank Privacy Policy(s) (referenced above). I acknowledge that public information or content may be viewed and used in ways the Permitted Parties cannot predict or control.

Submissions generated by script, macro or other automated means are void. Entrant must have permission from all individuals that are featured in the Submission (if any) to use their name and likeness in the Submission and to grant the rights set forth herein. If requested, entrant must be able to provide such permissions in a form acceptable to Sponsor. Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.

In the event of a dispute as to any Submission, the authorized account holder of the email address used to register will be deemed to be the entrant and must comply with these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder.

6. Winner Determination: Winners will be determined according to the process set forth below.

a ) Voting: During the Submission/Voting Phase, all entrants' eligible Submissions will be posted in an online gallery for public voting at www.commercial.bankingbydesign.com. Persons who meet the eligibility criteria as set forth in Section 1 will be invited to vote for the Submission they believe is the best. Limit: Each person may vote one (1) time per Submission, per day during the Submission/Voting Phase. Multiple votes received from any person or email address in excess of the stated number will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify you from the Contest should the voting appear to have been tampered with or manipulated in any way.

b ) Judging: During the Judging Phase, a panel of qualified judges determined by Sponsor in its sole discretion will select the three (3) entrants with the highest-scoring Submissions from among all eligible Submissions and each will be deemed a potential winner based on the following criteria ("Judging Criteria"):

·  Flow of custom TV spot (45%);
·  Quality of Submission (i.e. - Creativity/Originality) (45%); and
·  Public Voting (10%).


In the event of a tie for any spot, the entrant whose Submission received the highest score for the Quality of Submission criterion, as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential winner. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.

7. Winner Requirements: Potential winners will be notified by email on or around January 30, 2013. Each potential winner (parent/legal guardian if a minor in his/her state of residence) agrees to provide the requested information necessary for the completion of a routine confidential background check and confirmation of each winner will be contingent upon the results of the background check, as determined by Sponsor in its sole discretion. Each potential winner will have ten (10) days to respond to the background check notification with the requested information, or potential winner will be disqualified. The potential winners will be required to pass the background check, prior to being confirmed as a winner. In the event that any potential winner does not pass the background check, then Sponsor reserves the right select an alternate potential winner based on an application of the Judging Criteria above (if applicable). If a potential winner cannot be contacted, fails to provide the required information for the background check within the required time period, does not pass the background check, or does not comply with these Official Rules, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the applicable prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain unawarded. Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use each winner's name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

8. Prize: THREE (3) PRIZES: The opportunity to have your TV spot aired as a commercial by Sponsor (all details regarding final production and time of airing for the commercial will be determined by Sponsor in its sole discretion). Each winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign releases prior to airing the TV spot. Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

9. Release: By participation in this Contest, entrants agree to release and hold harmless the Sponsor, Eleven, Inc., B-Reel Los Angles, LLC, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winner from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.

12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

13. Entrant's Personal Information: Information collected from entrant is subject to Administrator's Privacy Policy http://www.eprize.com/privacy-policy and Sponsor's Privacy Policy https://www.unionbank.com/personal-banking/privacy-security/privacy-policy.jsp.

14. Winner List: Winner List: For a winner list, visit http://bit.ly/TxjuIZ. The winner list will be posted on or around January 30, 2013 after winner confirmation is complete.

15. Entrant Confirmation: I agree that I have reviewed these Union Bank Design Your Own Commercial Terms and Conditions ("the Agreement") and I agree to comply and be bound by them. I acknowledge and agree that my electronic acceptance has the same legal force and effects as my signature in writing.

© 2012 ePrize, Inc. All rights reserved.