Terms and Conditions Giving Tuesday

Giving Tuesday Terms and Conditions

OFFICIAL RULES OF THE GIVING TUESDAY PROMO CODE OFFER BY EMBARK SPONSORED BY THE OREGON 529 SAVINGS BOARD

DESCRIPTION: The Giving Tuesday Promo Code Offer by Embark (the “Offer”) enables up to 50 individuals to each receive up to $100 contributed to an existing Embark 529 Education Savings Account (Oregon’s official 529 plan).

SPONSOR: The Oregon 529 Savings Board

ADMINISTRATOR: Upward Oregon

ELIGIBILITY: Eligibility is limited to legal Oregon residents who are at least 18 years of age with a valid Social Security Number or Taxpayer Identification Number (“Participant”). Employees, directors, officers, trustees and agents (and their respective household and immediate family members, such as spouses and siblings, parents and children and their spouses) of The Bank of New York Mellon Corporation, Vestwell Administration, LLC, and their affiliates, the Oregon State Treasury, the Oregon 529 Savings Board, Upward Oregon and any of their affiliates and any promotional or marketing partners associated with the Offer (collectively, the “Offer Entities”) are not eligible.

NOTE: This program is offered on a first come first served basis for a limited time and Sponsor reserves the right to withdraw and otherwise terminate the offer at any time during the Offer Period.

HOW TO PARTICIPATE: Participants must make a contribution of no less than $5 to an existing Embark 529 Education Savings Account online at www.embarksavings.com/ during the Offer Period (“Participant Contribution”). When making the Participant Contribution, Participants should use the promotion code received via text message to activate the Offer. There is a limit of one (1) entry per individual for entries submitted through the foregoing website. Submissions generated by a script, macro or other automated means will be disqualified. Submissions not complying with these Official Rules or incomplete entries are subject to disqualification. Participants must make their complete submission between December 2, 2025 at 12:00 a.m. PT and December 2, 2025 at 11:59 p.m. PT (“Offer Period”). Entries received outside of this period will not be eligible.

MATCHING CONTRIBUTION: The first 50 Participants to utilize the promotion code (“Recipients”) will each receive an amount matching their Participant Contribution, up to a maximum of $100 for each Recipient (“Matching Contribution”), which will be contributed to their existing Embark 529 Education Savings Account in early January 2026. Any Recipient must meet all eligibility requirements and provide any information required to process the Matching Contribution. If the Recipient does not meet Embark’s account requirements or fails to provide necessary information, alternative Recipients may be selected. The Matching Contribution is non-transferable, has no cash value, and may be subject to taxes or reporting requirements under applicable law. All eligible entries will be reviewed for compliance, and up to 50 Recipients will be confirmed within 60 days after the Offer Period.

CONDITIONS OF ACCEPTANCE: Each Recipient, by accepting his/her Matching Contribution, agrees that he/she is responsible for (a) all federal, state and local taxes, including income taxes, if any, applicable to acceptance and use of the Matching Contribution and (b) any and all costs associated with the acceptance and use of the Matching Contribution, and further agrees to provide his/her Social Security Number or Federal Taxpayer Identification Number for tax reporting purposes, if requested. No transfer or substitution of the Matching Contribution is permitted.

AGREEMENT TO THE OFFICIAL RULES: By participating in the Offer, each Participant fully and unconditionally agrees to accept these Official Rules and the decisions of Upward Oregon which are final and binding in all matters related to the Offer.

CONDITIONS/RELEASE: By participating in the Offer, Participants: (a) release the Offer Entities from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by their participation in the Offer, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of a contribution; (b) agree to indemnify and hold each of the Offer Entities harmless from and against any and all liability for any claims, costs, injuries, losses or damages of any kind to third parties caused by Participant’s participation in the Offer; and (c) acknowledge that the Offer Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, pertaining to the Offer. Neither the Offer Entities nor any service providers are responsible for incorrect or inaccurate transcription of Participant information or mistakes, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to Participant's or any other person's computer related to or resulting from participation in this Offer.

CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO TAMPER WITH OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE OFFER MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND ITS AFFILIATES RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If, for any reason, the Offer is not capable of being executed as planned, or unauthorized intervention, fraud, action of any Participant, technical failure or any other cause which, in the sole opinion of the Sponsor (or Administrator), corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Offer, the Sponsor (or Administrator) reserves the right, at its sole discretion, to disqualify any suspect entry or Participant and to cancel, terminate, modify or suspend the Offer.

DISPUTES: Participants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Participant, the Offer or any Matching Contribution awarded shall be resolved individually, without resort to any form of class action. Venue and jurisdiction for any such claims or causes of action lie exclusively with the Circuit Court of Oregon for Marion County and Participant hereby consents to the personal jurisdiction of such court; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Offer but in no event attorneys' fees; and (c) under no circumstances will an Participant be permitted to obtain an award for, and Participant hereby waives all rights to claim, punitive, incidental, indirect and consequential damages and any other damages other than 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, Participant's rights and obligations, or the rights and obligations of the Sponsor or Administrator in connection with the Offer shall be governed by, and construed in accordance with, the laws of the State of Oregon, without giving effect to any choice of law or conflicts of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.

PARTICIPANT'S PERSONAL INFORMATION: Any information collected online from Participants is subject to the Embark Privacy Policy. Personal information will be used solely to administer the Offer and award the Matching Contribution, in accordance with applicable privacy laws. Personal information will not be sold or used for unrelated advertising.

PLAN DISCLOSURES: Consider the investment objectives, risks, charges and expenses before investing in Embark. Please visit EmbarkSavings.com for a Plan Disclosure Booklet with this and other information. Read it carefully. Investments in Embark are neither insured nor guaranteed and there is the risk of investment loss.

VOID WHERE PROHIBITED: Participation in the Offer is void where prohibited by law.