Boom or Bust Game 
U.S. Privacy Policy & Terms of Use

U.S. Privacy Policy

Effective Date:  This policy was posted and became effective on March 1, 2019.

The BOOM OR BUST game (the "Game") is provided by or on behalf of T. Rowe Price Retirement Plan Services, Inc., a U.S. company ("T. Rowe Price," "we," "our" or "us"). This statement explains our privacy practices (“Privacy Policy”) for the Game available as a mobile application (the "App") that can be downloaded from various mobile storefronts (e.g., Apple App Store and Google Play). This Privacy Policy only covers information collected through the Game.  This Privacy Policy does not cover information collected through any other T. Rowe Price web site or application or information collected offline by T. Rowe Price (unless specifically stated).

Please review this Privacy Policy carefully. In addition, please review our Terms of Use below, which governs your use of the Game. 

This Privacy Policy explains: 

  • Information the Game collects
  • How we may use the information collected
  • Disclosure of collected information
  • Third party analytics providers
  • Consent to transfer
  • Data security
  • Changes to our policy
  • Contact us

 

Information the game collects

The Game is intended for persons age eighteen (18) and older. We do not knowingly collect any Information from individuals younger than the age of eighteen (18), and we will delete any Information later determined to be collected from a user younger than age eighteen (18).

Information Collected Automatically When You Interact with the Game

We and our service providers may use a variety of technologies that automatically or passively collect certain information when you use the Game or otherwise interact with us or our content ("Usage Information"). Usage Information may include the hardware model, browser, and operating system you are using, the URL that referred you to the Game, all of the areas within the Game that you interact with, and mobile network (if applicable), among other information. Usage Information is generally non-identifying.

Tracking Technologies

We, and our service providers, may use various technologies to collect Usage Information, including embedded scripts, which are programming code that is designed to collect information about your interactions with the Game for analytics and other internal operations purposes.

How we may use the information collected

We may use information collected through the Game, including Usage Information, to: (1) allow you to participate in features we offer in the Game; (2) investigate and prevent fraudulent transactions and other illegal activities or activities that violate our policies; (3) improve the Game or our services and for internal business purposes; and (4) provide messages to you through the Game and, in our discretion, changes to the Game’s policies.  If you contact us about the Game, we may use any of the information you provide to us (including any personal information you supply such as your name or email address) to: (1) respond to your inquiry; (2) investigate and prevent fraudulent transactions and other illegal activities that violate our policies; (3) improve the Game or our services and for internal business purposes; and (4) contact you with regard to your use of the Game or any other product or service offered by T. Rowe Price or an affiliate.

Disclosure of collected information

We may share Usage Information with affiliates, service providers, and other third parties in our discretion. We may disclose information collected from you if you choose to contact us with our affiliates and in the following limited circumstances:

  • Other Third Party Service Providers. We may provide information collected from users of the Game to service providers performing services on behalf of T. Rowe Price related to the Game. We may provide these service providers with access to information about you so that they can carry out the services they are performing for you or for T. Rowe Price.
  • Administrative or Legal Reasons. We may also transfer and disclose information to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect and/or defend our applicable policies or to protect the safety, rights, property or security of T. Rowe Price or any other individual or entity.
  • Business Transfers. We may also disclose and transfer information about you: (i) to a subsequent owner, co-owner or operator of the Game or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of T. Rowe Price’s ownership interests, assets, or both, or other corporate change, including, without limitation, during the course of any due diligence process.

 

Third party analytics providers

T. Rowe Price works with third party traffic measurement services to provide us with information regarding use of the Game, including the actions users take when playing the Game, such as levels completed, goals selected, and quiz questions answered correctly or incorrectly. Our service providers may set and access their own tracking technologies on your Device and may collect or have access to your Usage Information, provided that your Usage Information will be used only to support internal operations. We may share Usage Information about visitors with analytics providers and other vendors for similar purposes.

Consent to transfer

The Game is intended for use by U.S. residents.  If you are located outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Game, or providing us with any information, you fully understand that the Game is governed by U.S. law and you understand and unambiguously consent to the collection, transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.

Data security

T. Rowe Price has established and maintains reasonable procedures to protect the confidentiality, security, and integrity of any information collected in the Game. However, no data transmission over the Internet, by wireless transmission or any electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information we collect, and you use the Game and provide us with your information at your own risk.

Changes to our policy

T. Rowe Price reserves the right to change or modify this Privacy Policy in its discretion at any time and will notify you of material changes by posting the changed or modified Privacy Policy in our Game. We may also provide notice to you in other ways in our discretion, such as through contact information you may have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified and your continued use of the Game after the effective date of the revised Privacy Policy (or such other act as specified in the revised Privacy Policy or notice) will constitute your consent to those changes. Note, however, that you may need to consent to our new policies in order to continue to use the Game or to otherwise interact with us.

Contact us

T. Rowe Price is the operator of this Game and questions regarding this Privacy Policy should be directed to T. Rowe Price at 1-800-541-3022 or onlinehelp@troweprice.com.

 

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U.S. Terms of Use

These Terms of Use are updated and effective as of March 1, 2019. 

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE ("Terms") BEFORE USING THE GAME, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. These Terms apply to the BOOM OR BUST Game (the "Game"). The Game is provided by or on behalf of T. Rowe Price Retirement Plan Services, Inc., a U.S. company ("T. Rowe Price," "we," "our" or "us"). You agree to these Terms by accessing, downloading, installing or using the Game. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE GAME.  

NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE, WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING OUT OF OR RELATING TO YOUR USE OF THE GAME TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND T. ROWE PRICE WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY USING THE GAME OR ACCEPTING THIS AGREEMENT, YOU HEREBY AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. 

You and T. Rowe Price acknowledge that these Terms are entered into between you and T. Rowe Price and that Apple, Inc. ("Apple") is not a party to these Terms. Apple does not endorse this Game or sponsor any prizes. If you are using the Game via the Apple Platform, you acknowledge and agree that your use of the Game is also subject to Apple's Usage Rules as set forth in the Apple Media Services Terms and Conditions.

In some instances, both these Terms and a separate terms of service or guidelines document containing additional conditions may apply to a service or product offered via the Game ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review this Game's Privacy Policy, above.

The names, stories, and other information relating to the characters in the Game are fictitious.  Any resemblance to any persons, living or dead, is coincidental.

Table of Contents

  • No Financial Advice 
  • Ownership of Game Materials
  • Your License to Use Materials
  • No Unsolicited Materials
  • Your Warranties
  • Our Disclaimer of Warranties
  • Limitation of Liability; Waiver
  • Indemnification/Reimbursement
  • Term and Termination
  • Location of Game and Territorial Restrictions
  • Governing Law
  • Arbitration Agreement
  • Third-Party Beneficiary
  • Miscellaneous
  • Modifications
  • Contact

 

No Financial Advice

The Game is for entertainment purposes only and not intended to provide investment advice or recommendations. Nothing within the Game shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction. We do not provide investment, legal or tax advice through the Game. Please consult your independent legal counsel and/or professional tax or investment advisor regarding any legal, tax or investment decision or issue.

Ownership of Game Materials

Unless otherwise explicitly specified, the Game, including, without limitation, all materials that are included in or are otherwise a part of the Game (and all past, present and future versions), including, without limitation, graphics; layout; text; instructions; widgets; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; trade identities; any and all copyrightable material (including source and object code); the "look and feel" of the Game; the compilation, assembly, and arrangement of the materials of the Game; and all other materials related to the Game (collectively, the "Materials") are owned, controlled or licensed by T. Rowe Price, its affiliates, or service providers and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and international treaties.

Your License to Use Materials

Subject to your strict compliance with these Terms, T. Rowe Price grants you a limited, non-exclusive, non-commercial, revocable, non-assignable, and non-transferable license to download, view, and/or play the Materials on any device you own or control for your non-commercial personal or educational use only and, if you are using the Game via Apple's iOS Platform ("Apple Platform"), as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, provided that:

  • you keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials;
  • you do not use the Materials in a manner that suggests an association with any of our products, services or brands;
  • you make no modifications to the Materials;
  • you do not allow or aid, abet or encourage any third party (whether or not for your benefit) to:
    • copy or adapt the object code of any Game's software, HTML, JavaScript or other code; or
    • reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Game creates to generate its content or any software or other products or processes accessible through the Game; and
  • you do not insert any code or product to manipulate the Materials in any way that affects any user's experience.

 

If you are using the Game via the Apple Platform, you acknowledge that T. Rowe Price, and not Apple, is responsible for the Game and Materials. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage), nor will you (b) copy, modify, frame, reproduce, archive, download, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party service, or otherwise use the Materials in any way except as specifically and expressly permitted by these Terms or with the express written permission of T. Rowe Price. Any unauthorized use of the Materials is prohibited.

No Unsolicited Materials

It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, T. Rowe Price does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted.

Your Warranties

You represent and warrant that:

  • you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms;
  • all information you provide to T. Rowe Price is accurate and complete;
  • you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms;
  • you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
  • you are not listed on any U.S. Government list of prohibited or restricted parties.

You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Game and you will be responsible for all charges related thereto.

Our Disclaimer of Warranties

NOTHING IN THESE TERMS LIMITS, EXCLUDES, OR MODIFIES, OR PURPORTS TO LIMIT, EXCLUDE OR MODIFY, ANY STATUTORY CONSUMER GUARANTEES OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THESE TERMS WOULD CONTRAVENE ANY STATUTE OR CAUSE ANY PART OF THESE TERMS TO BE VOID ("NON-EXCLUDABLE GUARANTEES").

THE GAME, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, T. ROWE PRICE AND ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE "T. ROWE PRICE PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

  • THE GAME;
  • THE MATERIALS ON OR PROVIDED THROUGH THE GAME;
  • THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE GAME;
  • ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED VIA THE GAME; OR
  • SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO T. ROWE PRICE OR VIA THE GAME.

IN ADDITION, SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES, THE T. ROWE PRICE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM VIRUS.

SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES UNDER APPLICABLE LAW, THE T. ROWE PRICE PARTIES DO NOT REPRESENT OR WARRANT THAT THE GAME OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVER THAT MAKES THE GAME AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES UNDER APPLICABLE LAW, THE T. ROWE PRICE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE GAME IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE, AND YOU ACKNOWLEDGE, BY YOUR USE OF THE GAME, THAT YOUR USE IS AT YOUR SOLE RISK. THE T. ROWE PRICE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES.

BY ACCESSING OR USING THE GAME, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE GAME.

IF YOU ARE USING THE GAME VIA THE APPLE PLATFORM, IN THE EVENT OF ANY FAILURE OF THE GAME TO CONFORM TO ANY WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE GAME TO YOU (IF ANY); AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND T. ROWE PRICE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE GAME, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THESE TERMS WILL BE T. ROWE PRICE’S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, T. ROWE PRICE AND YOU ACKNOWLEDGE THAT NEITHER T. ROWE PRICE NOR APPLE HAS ANY OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE GAME.

IF YOU ARE USING THE GAME VIA THE APPLE PLATFORM, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, T. ROWE PRICE AND YOU ACKNOWLEDGE THAT AS BETWEEN APPLE AND T. ROWE PRICE, T. ROWE PRICE IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE GAME OR YOUR POSSESSION AND/OR USE OF THE GAME, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE GAME FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

Limitation of Liability; Waiver

SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES UNDER APPLICABLE LAW AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE T. ROWE PRICE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE GAME; (B) THE MATERIALS; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE GAME; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE T. ROWE PRICE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE GAME; (E) ANY ERRORS OR OMISSIONS IN THE GAME'S TECHNICAL OPERATION; OR (F) ANY DAMAGE TO ANY USER'S DEVICE, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE T. ROWE PRICE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE GAME).

SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES UNDER APPLICABLE LAW, IN NO EVENT WILL THE T. ROWE PRICE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY (HOWEVER, ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION, THIS RELEASE DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF T. ROWE PRICE OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW). SUBJECT TO ANY NON-EXCLUDABLE GUARANTEES UNDER APPLICABLE LAW AND TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IN NO EVENT WILL THE T. ROWE PRICE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS (US $10.00), PROVIDED THAT THIS LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT A T. ROWE PRICE PARTY’S OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.

BY ACCESSING THE GAME, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Indemnification/Reimbursement

Subject to any Non-Excludable Guarantees under applicable law and to the fullest extent permitted by applicable law, you agree to defend, indemnify (reimburse/pay for), and hold the T. Rowe Price Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements, and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to:

  • your use of the Game or activities in connection with the Game;
  • your breach (actual or alleged) or anticipatory breach of these Terms;
  • your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
  • any misrepresentation made by you.

You will cooperate as fully required by the T. Rowe Price Parties in the defense of any claim. The T. Rowe Price Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the T. Rowe Price Parties. HOWEVER, ONLY IF REQUIRED BY LAW IN YOUR JURISDICTION, THIS RELEASE, HOLD HARMLESS AND INDEMNIFICATION COMMITMENT DOES NOT APPLY TO CASES OF BODILY INJURY OR LOSS OF LIFE OR TO THE EXTENT THAT ANY DEATH OR PERSONAL INJURY IS CAUSED BY THE NEGLIGENCE OF T. ROWE PRICE OR OTHER THIRD PARTY, WHERE LIABILITY TO THE INJURED PARTY CANNOT BE EXCLUDED BY LAW.

Term and Termination

T. Rowe Price reserves the right to terminate your access to and use of the Game and any of its features in its sole discretion, without notice and liability, including, without limitation, if T. Rowe Price believes your conduct fails to conform to these Terms or any Additional Terms. T. Rowe Price also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.

Upon termination of your access to the Game, or upon demand from T. Rowe Price, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Game.

T. Rowe Price also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Game, without limitation, in whole or in part, including the cessation of all activities associated with the Game, with or without notice. You agree that T. Rowe Price will not be liable to you or to any third party for any modification, suspension or discontinuance of the Game or any part thereof. T. Rowe Price also reserves the right to charge for use of the Game, in whole or in part, and to change its fees from time to time in its discretion.

Location of Game and Territorial Restrictions

The information provided on the Game is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject T. Rowe Price to any registration requirement within such jurisdiction or country. T. Rowe Price or its service providers control and operate the Game from offices located in the United States and T. Rowe Price makes no representations or warranties that the information, products or services contained on the Game are appropriate for use or access in locations outside the United States or elsewhere T. Rowe Price expressly makes the Game available. Anyone using or accessing the Game from other locations does so on their own initiative and is responsible for compliance with applicable laws. We reserve the right to limit the availability of the Game and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.

Software related to or made available by this Game may be subject to United States export controls. Thus, no software from this Game may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Game, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

You agree to comply with all rules, laws and regulations that are applicable to your use of the Game, including, without limitation, those governing your transmission or use of any software or data.

Governing Law

THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

Arbitration Agreement

As part of these Terms of Use, you and T. Rowe Price each agree as follows (the “Arbitration Agreement”):

Any claim or controversy arising out of or relating to your use of the Game (including without limitation the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The parties waive their rights to file suit in court to assert any allegation, claim, or cause of action against the other, or to have a jury trial on any allegation, claim, or cause of action, and any right to do so (including without limitation the right to a jury trial) is hereby waived. Notwithstanding the foregoing, you and T. Rowe Price retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and T. Rowe Price retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including without limitation pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.

The arbitration will be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Baltimore City, Maryland. In the event this venue will cause undue hardship to you, then, in the discretion of the arbitrator, the arbitration will be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the Continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.

Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.

All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.

Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, T. Rowe Price will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.

The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including without limitation arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.

If any portion of this Arbitration Agreement is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of this agreement. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of this Arbitration Agreement.

THE FOREGOING PROVISIONS LIMIT CERTAIN RIGHTS, INCLUDING WITHOUT LIMITATION THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO TRIAL BEFORE A JUDGE OR JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE JAMS RULES AND THIS ARBITRATION AGREEMENT), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF; PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Third-Party Beneficiary

If you use the Game via the Apple Platform, you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of the Terms. If you are using Game on the Apple Platform, you agree that if the Game or your possession and use of the Game infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

Miscellaneous

The failure of T. Rowe Price to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit T. Rowe Price’s rights with respect to such breach or any subsequent breaches. No waiver by T. Rowe Price of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of T. Rowe Price. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. T. Rowe Price may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without T. Rowe Price’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against T. Rowe Price by virtue of T. Rowe Price having drafted them.

T. Rowe Price will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond T. Rowe Price’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, hurricane, tornado, severe weather, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.

Modifications

T. Rowe Price reserves the right to modify or add to these Terms as described in this section ("Updated Terms"). You agree that we may notify you of the Updated Terms by making them available via the Game, and that your use of the Game after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Game. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Game from that point forward.

Contact

For technical support contact:  1-800-541-3022 or onlinehelp@troweprice.com.

© 2019 T. Rowe Price. All Rights Reserved.