ENTREPRENEUR OF 2014 and EMERGING ENTREPRENEUR OF 2014 Contest Presented by The UPS Store®
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/e2014
("Contest Site"). Submission of a single Entry Form will qualify each Contestant, depending upon eligibility, to be considered for the following Contests: (a) Entrepreneur of 2014("E2014"), or (b) Emerging Entrepreneur of 2014("EE2014"). Sponsor shall determine in its sole discretion the specific Contest, for which each Contestant is eligible (either the E2014 or EE2014 Contest), based on the information contained in his or her Entry Form. 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 email@example.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 for 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 17, 2014. The E2014/EE2014 Contests are subject to all federal, state and local laws and regulations. VOID WHERE PROHIBITED BY LAW.
General Requirements for Both E2014 and EE2014 Contests.
(a) Each Contestant must be an individual, who: (i) as of June 17, 2014, is a citizen or legal resident of the U.S. (excluding persons residing in 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 17, 2014; (iii) as of June 17, 2014, owns at least 51% of Contestant's Business, or in the case of 50/50 partnership, be one of the owner and operating partners, which must have its headquarters located in the US; and (iv) during Calendar Year 2013 up to and including June 17, 2014, 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, The UPS Store, Inc., (TUPSS), United Parcel Service, Inc. ("UPS"), any of The UPS Store 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, The UPS Store, Inc.,UPS, or any of The UPS Store franchised locations.)
(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, (iii) must be a for profit organization.
(c) Specific Requirements for E2014 Contestants. Contestant's Business: (i) as of June 17, 2014, must have been in existence for at least four (4) years and must not have employed more than 130 full-time paid employees; and (ii) must have earned at least $3 million in gross sales revenue during Calendar Year 2013.
(d) Specific Requirements for EE2014. Contestant's Business: (i) as of June 17, 2014, must not have employed more than 12 full-time paid employees (ii) must have earned a minimum of at least $50,000 and no more than $300,000 in gross sales revenue during Calendar Year 2013.
By submitting an entry form each Contestant hereby agrees and consents: (i) to provide Sponsor, at no expense to Sponsor, with such evidence of eligibility as Sponsor may reasonably request; and (b) 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 E2014 and EE2014 Winners will each:
(a) receive (i) two (2) roundtrip airline tickets within the continental U.S. (to be booked by Sponsor in a total amount not to exceed $1,000), (ii) a $500 gift certificate for products and services at any of The UPS Store® franchised locations, (iii) a selection of 10 Entrepreneur Press® books (a $ 200 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 2015 issue of Entrepreneur magazine (a value in excess of $150,000), and (ii) in a follow-up article in December 2015 on Entrepreneur.com (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 he/she will be honored. In order to attend the Awards Ceremony, the E2014 and EE2014Winners (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 Miami Beach/Dade County, Florida; (ii) two (2) nights' hotel accommodations (double occupancy) within the Miami Beach area; and (iii) transportation between Miami International Airport and hotel accommodations in the Miami Beach 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 E2014 and EE2014 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 February 4, 2015, 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 E2014 and EE2014 Winners.
A single winner will be selected and accept the award in the E2014 Contest and in the EE2014 Contest through the following four (4) step process:
(a) Selection and Notification of E2014 and EE2014 Semi-Finalists: By no later than June 24, 2014, ten (10) E2014 and ten (10) EE2014 Semi-Finalists will be selected by Sponsor's Editorial and Marketing Departments from among all eligible Entry Forms submitted, and will be contacted by Sponsor via e-mail. To be considered for possible selection as an E2014 or EE2014 Finalist, each E2014 and EE2014 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 2013 (collectively, "Semi-Finalist Financials") to be kept confidential and solely used to determine eligibility and (ii) a 2-3 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 firstname.lastname@example.org 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 July 15, 2014. Except to the extent otherwise provided herein, all information contained in the Semi-Finalist Financials submitted hereunder shall at all times be deemed confidential information and protected from unauthorized disclosure by Sponsor. All videos submitted to Sponsor shall become the exclusive property of Sponsor and will not be acknowledged or returned.
(b) Selection and Notification of E2014 and EE2014 Finalists: By no later than July 28, 2014, a panel of judges made up of representatives of (i) Sponsor's Editorial and Marketing Departments, (ii)
The UPS Store, Inc., and (iii) a guest judge selected by Sponsor (the "Panel of Judges") will select five (5) E2014 Finalists and five (5) EE2014 Finalists, from among those E2014 and EE2014 Semi-Finalists, who have timely submitted their Semi-Finalist Financials and videos; and Sponsor will promptly notify those Finalists via e-mail.
(c) Online Selection of the E2014 and EE2014 Winner-Designates: Profiles of the five (5) E2014 and five (5) EE2014 Finalists will then be posted on the Contest Site ("Online Profiles"), together with their videos, during the period from August 5, 2014 to and including September 19, 2014 ("Online Voting Period"). The Online Profiles will be based on information contained in each of the E2014 and EE2014 Finalist's Entry Forms and videos, as well as such additional information, quotes and/or photographs which those Finalists may provide to Sponsor in response to Sponsor's request. By submitting an Entry Form, each E2014 and EE2014 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 (excluding financials) by visitors to the Contest Site. During the Voting Period, visitors to the Contest Site will be able to vote online for their favorite E2014 and EE2014 Finalists, with one (1) vote per visitor allowed for each of the two (2) Contests. Online votes shall be automatically collected and stored in an electronic database maintained by Sponsor and automatically tabulated as the votes are entered. A total of 500 points will be allocated among all five (5) E2014 Finalists and another 500 points will be allocated among all five (5) EE2014 Finalists ("Online Voting Points"), based on the percentage of the total online votes which each Finalist receives. (For example, a Finalist receiving 25% of the total online votes will receive 25% of the 500 points or 125 Online Voting Points.)
(d) Final Selection of the E2014 and EE2014 Winner-Designates and Runners-Up: Following the Online Voting Period and by no later than September 23, 2014, the Panel of Judges shall then cast their votes in selecting the E2014 and EE2014 Winners-Designate and their respective Runners-Up from among the five (5) Finalists in each Contest. Each member of the Panel of Judges shall have a total of 100 points for each Contest, which he or she may cast for a single E2014 or EE2014 Finalist or allocate among some or all of the E2014 and EE2014 Finalists ("Panel Voting Points"). The Online Voting Points and Panel Voting Points cast for E2014 and EE2014 Finalists shall then be combined ("Total Voting Points"), with the result that: (i) the Finalists receiving the greatest number of Total Voting Points in their respective Contests shall be designated the E2014 and EE2014 Winners-Designate; and (ii) the other Finalists, based on the number of Total Voting Points received in descending order in their respective Contests, shall be designated First, Second, Third and Fourth Place Runners-Up. In the event of a tie based on Total Voting Points, the Finalist receiving a majority of Panel Voting Points, without regard to the Online Voting Points received, shall be declared the Winner-Designate.
(e) Notification of E2014 and EE2014 Winners-Designate: By no later than September 25, 2014, Sponsor will officially notify the E2014 and EE2014 Winners-Designate in writing and include with that notice an Affidavit of Eligibility and Release ("Affidavit"), which each Winner-Designate must sign, date, and have notarized. The original Affidavit must then be returned to Sponsor at the street address identified in Paragraph 9 below. The completed Affidavit must be RECEIVED by Sponsor within twelve (12) calendar days after its delivery or attempted delivery to the E2014 or EE2014 Winner-Designate's last-known street address (as applicable). If the E2014 or EE2014 Winner-Designate cannot be found or fails to timely complete and return the Affidavit in accordance with these Official Rules, that Winner-Designate will immediately and automatically thereafter be deemed disqualified, and the E2014 or EE2014 Runner-Up (as applicable) receiving the next highest Total Voting Points shall be designated the new Winner-Designate. The new E2014 or EE2014 Winner-Designate (as applicable), in accordance with this Paragraph 4(e), will then be sent an Affidavit by Sponsor and also have twelve (12) calendar days from delivery or attempted delivery, within which to sign, date, have notarized, and return the Affidavit. The E2014 and EE2014 Winners-Designate, who fully and properly complete and timely return their Affidavits, will be confirmed by Sponsor as the E2014 and EE2014 Winners.
(f) Announcement and Posting of E2014 and EE2014 Winners: The E2014 and EE2014 Winners will be announced in the January 2015 issue of Entrepreneur magazine and posted on the Contest Site at www.entrepreneur.com/e2015, beginning on or about December 23, 2014 up to and including April 27, 2015.
5. Judging Criteria.
Selection by the Panel of Judges of the E2014 and EE2014 Winners-Designate, Runners-Up, Finalists and Semi-Finalists in each of the two (2) Contests shall be based on information contained in each eligible Contestant's Entry Form, Semi-Finalist Financials, and video, including:
(a) how Contestant's Business has impacted its industry, the community and its employees; and
(b) the annual gross sales revenue and profitability of Contestant's Business during Calendar Year 2013 and for any prior years during its existence as indicated in the Entry Form.
6. E2014 and EE2014 Contestant Warranties and Consents.
By completing and submitting an Entry Form, 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 E2014 or EE2014 Contest (as applicable);
(c) warrants and represents that all of the information contained in the Entry Form, Semi-Finalist Financials, and video submitted to Sponsor, 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, The UPS Store, Inc., and their respective 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 an E2014 or EE2014 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 E2014 or EE2014 Contests.
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, who it determines (i) is ineligible, (ii) has submitted inaccurate information to Sponsor, including information in the Entry Form, Semi-Finalist Financials, and/or video, (iii) has been responsible (whether alone or with others) for tampering with any aspect of the E2014 and/or EE2014 Contests, or (iv) to have otherwise violated the Official Rules or applicable law; and
(c) to suspend, cancel or modify the E2014 and/or EE2014 Contests at any time if a virus, bug, or other technical problem corrupts or interferes with the administration, security or functionality of either or both of the Contests or of the Contest Site, or if the process for either or both of the Contests cannot be completed as planned for any reason whatsoever.
8. No Liability.
By participating in either of the Contests, each Contestant acknowledges, understands and agrees:
(a) That Sponsor, The UPS Store, Inc., UPS, each of The UPS Store 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 either 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 either of the Contests.
(b) That the Released Parties have no obligation to advise Contestant that he/she has submitted an incomplete or otherwise non-compliant Entry Form.
(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, either or both of the Contests or the E2014 or EE2014 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:
Entrepreneur Media, Inc. ("Sponsor")
Attn: Entrepreneur magazine's Entrepreneur of 2014 Contest
2445 McCabe Way, Suite 400
Irvine, CA 92614-6244
E-Mail Address: email@example.com
Presenter: The UPS Store, Inc., franchisor of The UPS Store® franchised locations, is providing promotional support only for the E2014 and EE2014 Contests and is not to be considered a sponsor or administrator of either or both such Contests.