1. To Enter. No purchase necessary to participate or win. Complete the contest entry form (“Entry Form”) on Entrepreneur® magazine's Web site located at www.entrepreneur.com/e2009("Contest Site"). Submission of a single Entry Form will qualify each Contestant, depending upon eligibility, to be considered for the following Awards Categories: (a) Entrepreneur of 2009(“EO9”), and (b) Emerging Entrepreneur of 2009(“EEO9”). Entry Forms must be completed electronically and submitted online to Entrepreneur Media, Inc. (“Sponsor”). Entry Forms sent in any other manner (including fax, US mail or courier service) will not be accepted. Each Contestant is responsible for notifying Sponsor via e-mail at contest@entrepreneur.com of any change in the contact information (including street address, e-mail address and telephone number) contained in his/her Entry Form. All Entry Forms shall become the exclusive property of Sponsor and will not be acknowledged or returned. Only one (1) Entry Form per each Contestant’s Business (see Paragraph 2(a) below) will be accepted. All completed Entry Forms must be received by Sponsor by no later than 11:59 PM Pacific Time on June 15, 2009. Contest is subject to all federal, state and local laws and regulations. VOID WHERE PROHIBITED BY LAW.
2. Eligibility.
General Requirements for All Contestants.
(a) Each Contestant must be an individual, who: (i) as of June 15, 2009, is a citizen or legal resident of the U.S. (excluding persons residing in the District of Columbia, Puerto Rico or any other U.S. territory) and is at least 18 years old; (ii) has owned, and been actively engaged in the day-to-day operation of, the business identified in his/her Entry Form (“Contestant’s Business”) during its existence up to an including June 15, 2009; (iii) as of June 15, 2009, owns at least 51% of Contestant’s Business; and (iv) during Calendar Year 2008 up to and including June 15, 2009, was not an officer, director, employee, owner, shareholder, franchisee or franchisee’s employee, or an agent, attorney, financial advisor or other authorized representative (or spouse, child, parent or sibling of any of the foregoing) of Sponsor, United Parcel Service, Inc. (“UPS”), Mail Boxes Etc., Inc., any of The UPS Store or Mail Boxes Etc. franchised locations, or an affiliate of any of the foregoing. (An “affiliate” is any person or entity, who/which directly, or indirectly through one (1) or more intermediaries, controls, is controlled by, or is under common control with, Sponsor, UPS, Mail Boxes Etc., or any of The UPS Store or Mail Boxes Etc. franchised locations.)
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(b) Contestant’s Business: (i) must have been created as a startup and not the result of a “spin-off” from a pre-existing business; and (ii) during its existence, must not have been an affiliate of any other company or other business such as a parent or subsidiary corporation.
(c) Specific Requirements for EO9 Contestants. Contestant’s Business: (i) as of June 15, 2009, must have been in existence for at least four (4) years and must not have employed more than 100 employees (including full-time and part-time employees); and (ii) must have earned at least $3 million in gross sales revenue during Calendar Year 2008.
(d) Specific Requirements for EEO9. Contestant’s Business: (i) as of June 15, 2009, must have been in existence for less than four (4) years and must not have employed more than 10 employees (including full-time and part-time employees); and (ii) must have earned at least $500,000 in gross sales revenue during Calendar Year 2008.
Sponsor reserves the right, and each Contestant by submitting an Entry Form hereby agrees and consents to allow Sponsor, to conduct such background checks on Contestant and/or Contestant’s Business as allowed under applicable law and for the purpose of verifying eligibility.
3. Prizes. The EO9 and EEO9 Winners will each:
(a) receive (i) two (2) roundtrip tickets within the continental U.S. on Delta Airlines (a value in excess of $1,000), (ii) a $500 gift certificate for products and services at any of The UPS Store® franchised locations, (iii) a selection of Entrepreneur Press® books (a $300 value), and (iv) a three (3) year subscription to Entrepreneur® magazine (a $60 value).
(b) be profiled and promoted (i) in a special section of the January 2010 issue of Entrepreneur magazine (a value in excess of $150,000), and (ii) in a follow-up article in the December 2010 issue of Entrepreneur magazine (a value in excess of $80,000).
(c) be invited to attend, together with a guest, an awards luncheon and ceremony (the “Awards Ceremony”), at which the Winners will be honored. In order to attend the Awards Ceremony, the Winners (and a guest of each Winner, subject to the guest’s execution of a release provided by Sponsor) will be provided with the following expense-paid transportation and accommodations: (i) roundtrip coach airline transportation between the major airport closest to each Winner’s residence and Miami International Airport, provided that the Winner’s residence is outside of Palm Beach, Broward and Dade Counties, Florida; (ii) two (2) nights’ hotel accommodations (double occupancy) within the Miami area; and (iii) transportation between Miami International Airport and hotel accommodations in the Miami area and between such hotel accommodations and the site of the Awards Ceremony.
Sponsor shall make all decisions concerning the selection and scheduling of airline and surface transportation and hotel accommodations to be provided hereunder to the Winners and their guests, which decisions shall be final and binding. The Awards Ceremony will take place during an all-day conference for entrepreneurs in Miami Beach, Florida on January 26, 2010, sponsored by Entrepreneur magazine and presented by The UPS Store.
In the event any of the above prizes are unavailable, Sponsor, in its sole discretion, reserves the right to substitute those prizes with a prize or prizes of equal or greater value. All prizes are nontransferable, and no substitution or cash equivalent thereof shall be permitted, except in the sole discretion of Sponsor.4. Selection of EO9 and EEO9 Winners. A single winner will be selected in the EO9 and EEO9 Awards Categories through the following four (4) step process:
(a) Selection and Notification of Semi-Finalists: By no later than June 22, 2009, ten (10) EO9 and ten (10) EEO9 semi-finalists (collectively, “Semi-Finalists”) will be selected by Sponsor’s Editorial Department from among all eligible Entry Forms submitted, and will be contacted by Sponsor via e-mail. To be considered for possible selection as a Finalist, each Semi-Finalist must then provide Sponsor with (i) an audited or reviewed copy of that Contestant’s Business financials or federal tax return for Calendar Year 2008 (collectively, “Semi-Finalist Financials”) and (ii) a 1-2 minute video showing the Semi-Finalist describing his/her Business. The video shall be sent to Sponsor electronically in accordance with instructions to be provided by Sponsor, and the Semi-Finalist Financials may be sent to Sponsor via e-mail at contest@entrepreneur.com or by U.S. mail or courier service to the street address identified in Paragraph 9 below. The Semi-Finalist Financials and videos must be RECEIVED by Sponsor by no later than June 29, 2009. Except to the extent otherwise provided herein, all information contained in the Semi-Finalist Financials submitted hereunder: (i) shall be deemed confidential information and protected from unauthorized disclosure by Sponsor; and (ii) will be destroyed following designation of the EO9 and EEO9 Winners, except as may otherwise be required for record retention purposes.
(b) Selection and Notification of Finalists: By no later than July 6, 2009, an independent panel of judges made up of representatives of Sponsor’s Editorial Department, Mail Boxes Etc., and a guest judge selected by Sponsor,will select and contact via e-mail five (5) EO9 Finalists and five (5) EEO9 Finalists, from among those Semi-Finalists, who have timely submitted Semi-Finalist Financials and videos.
(c) Selection of Winner-Designates: Profiles of the five (5) EO9 and five (5) EEO9 Finalists will then be posted on the Contest Site (“Online Profiles”), together with their videos, during the period from July 13, 2009 to and including October 12, 2009 (“Voting Period”). During the Voting Period, visitors to the Contest Site will be able to vote online for their favorite EO9 and EEO9 Finalists, with one (1) vote per visitor allowed for each of the two (2) Awards Categories. Online votes shall be automatically collected and stored in an electronic database maintained by Sponsor and automatically tabulated as the votes are entered. The Finalists receiving the most votes in each Awards Category will be respectively designated the EO9 Winner-Designate, and EEO9 Winner-Designate. Online Profiles of the EO9 and EEO9 Finalists will be based on information contained in each Finalist’s Entry Form and videos, as well as such additional information, quotes and/or photographs which the Finalists may provide to Sponsor in response to Sponsor’s request. The Online Profiles will not include tax or financial information from the Semi-Finalist Financials, except if and to the extent that information is also disclosed in the Finalists’ Entry Forms. By submitting an Entry Form and video, each Contestant, if selected as a Finalist, agrees and consents to allow Sponsor to post an Online Profile about the Contestant, with full knowledge and understanding that such Profile and the information contained therein will be available for viewing by visitors to the Contest Site.
(d) Notification of Winner-Designates: By no later than October 13th, 2009, Sponsor will officially notify the Winner-Designates of the EO9 and EEO9 Awards Categories in writing and include with that notice an Affidavit of Eligibility and Release ("Affidavit"), which each Winner-Designate must sign, date, have notarized and return to Sponsor at the street address identified in Paragraph 9 below. The completed Affidavit must be RECEIVED by Sponsor within ten (10) days after its delivery or attempted delivery to the Winner-Designate’s last-known street address. If the Winner-Designate cannot be found or fails to timely complete and return the Affidavit in accordance with these Official Rules, that Winner-Designate will be disqualified and the Finalist in that same Awards Category receiving the next highest number of online votes will be selected as the new Winner-Designate and thereafter confirmed as the EO9 or EEO9 Winner (as applicable), subject to his/her timely completion and return to Sponsor of the Affidavit.
(e) Announcement and Posting of Winners: The EO9 and EEO9 Winners will be announced in the January 2010 issue of Entrepreneur magazine and posted on the Contest Site at www.entrepreneur.com/e2009, beginning on or about December 22, 2009 up to and including April 26, 2010.
5. Judging Criteria. The selection of Semi-Finalists and Finalists in each of the two (2) Awards Categories shall be based on information contained in each eligible Contestant’s Entry Form and video, including: (a) how Contestant’s Business has impacted its industry, the community and its employees; and (b) annual gross sales revenue and profitability for Calendar Year 2008 and for any prior years during its existence as specified in the Entry Form.
6. Contestant Warranties and Consents. By completing and submitting an Entry Form and Semi-Finalist Financials (if applicable), each Contestant: (a) warrants and represents that he/she has read and agrees to be bound by these Official Rules; (b) warrants and represents that he/she is eligible under these Official Rules to participate in the Contest; (c) warrants and represents that all of the information contained in the Entry Form, video and Semi-Finalist Financials, as well as any other information provided in response to Sponsor’s request (if applicable), is accurate, does not violate any third party's legal rights (including without limitation, right of privacy), and otherwise does not violate applicable law; (d) consents to the use by Sponsor, MBE, and their affiliates of his/her name and/or likeness and any information provided hereunder by Sponsor, for promotional purposes (whether in print, online or in any other media now known or hereafter developed), without further notice or additional compensation and unless prohibited by applicable law; (e) agrees, if selected and confirmed as a Winner, to be solely responsible for any and all tax consequences as a result of accepting and receiving any of the Prizes; and (f) acknowledges, understands and agrees that the Released Parties (as defined Paragraph 8 below) are not responsible for ensuring the accuracy of the online voting, and shall not be liable for any malfunction, inaccuracies, or errors related to the voting process or the results of the Contest.
7. Sponsor Rights. Sponsor reserves the right, in its sole discretion and without liability therefor:
(a) to make all decisions concerning eligibility, which decisions shall be final and binding;
(b) to disqualify any Contestant, whom it determines (i) to be ineligible, (ii) to have submitted inaccurate information to Sponsor, including information in the Entry Form, Semi-Finalist Financials, and/or video, (iii) to have been responsible for tampering with any aspect of the Contest, or (iv) to have otherwise violated the Official Rules or applicable law; and
(c) to suspend, cancel or modify the Contest at any time if a virus, bug, or other technical problem corrupts the administration, security or functionality of the Contest or of the Contest Site or if the Contest process cannot be completed as planned for any reason whatsoever.
8. No Liability. By participating in the Contest, Contestant acknowledges, understands and agrees:
(a) That Sponsor, Mail Boxes, Etc., UPS, each of The UPS Store or Mail Boxes Etc. franchised locations, and the affiliates of each of the foregoing, and their respective officers, directors, shareholders, employees, agents, and other authorized representatives (collectively, the “Released Parties”) are not responsible for, and shall not be liable for: (i) Entry Forms or any other Contest documentation or communications, which are late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible (as applicable); (ii) telephone, electronic, hardware or software program, network, Internet, or computer damage, malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond their control, including without limitation technical malfunctions of telephone networks or lines, servers, networks, or computer systems, human error, defective computer equipment, or traffic congestion on the Internet, that may disrupt or corrupt access or communication to/from the Contest Site; (v) any injuries, losses, or damages of any kind whatsoever resulting from, or related in any manner to, participation in the Contest or the Contest Winner's possession or use of any of the Prizes; or (vi) any printing or typographical errors in any materials associated with the Contest.
(b) That the Released Parties have no obligation to advise Contestant of an incomplete or otherwise non-compliant entry.
(c) That the Prizes are being provided "as is" and without any express or implied warranties, including without limitation implied warranties of merchantability and fitness for a particular purpose.
(d) To release and hold harmless each of the Released Parties from any and all losses, damages, rights, claims and actions of any kind, resulting from, or related in any manner to, the Contest or a Winner's acceptance, possession, or use of any of the Prizes, including without limitation personal injury, death, property damage, and claims based on publicity rights, defamation, and invasion of privacy.
9. Contest Contact Information:
