Entrepreneur® magazine's
2008 ENTREPRENEUR OF THE YEARCONTESTPresented by The UPS Store® OFFICIAL RULES 1.To Enter. No purchase necessary to participate or win. Contestant must complete and submit an entry form ("Entry Form"), which can be obtained online at www.entrepreneur.com/eoy(the "Contest Site"). Submission of a single Entry Form will qualify each Contestant, depending upon eligibility, to be considered for either of the following two (2) Awards Categories, namely: Entrepreneur®magazine's Entrepreneur of the Year ("EOY") and/or Emerging Entrepreneur of the Year ("EEOY"). 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 below) will be accepted. All completed Entry Forms must be received by Sponsor by no later than 11:59 pm Pacific Time onJune 30, 2008. Contest is subject to all federal, state and local laws and regulations. VOID WHERE PROHIBITED BY LAW.2.Eligibility. (a) General Requirements. Each Contestant must be an individual, who: (i) has owned, and actively been engaged in the day-to-day operation, of the business identified in his/her Entry Form (the "Contestant's Business") during its existence up to and including at least December 31, 2007; (ii) as of December 31, 2007, owned at least 51% of the Contestant's Business, was at least 18 years old, and was a citizen or legal resident of the U.S. (excluding the District of Columbia, Puerto Rico and any other U.S. territory); and (iii) at no time during Calendar Year 2007 was an officer, director, employee, owner, shareholder, franchisee or franchisee's employee, or an agent, attorney, financial advisor or other authorized representative (or a spouse, child, parent or sibling of any of the foregoing) of Sponsor, United Parcel Service, Inc., Mail Boxes Etc., Inc. ("MBE"), 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 which directly, or indirectly through one (1) of more intermediaries, controls, is controlled by or is under common control with the Contestant's Business.) (b) Specific Awards Category Requirements. The Contestant's Business must have been created as a startup and not the result of a "spin-off" from a pre-existing business and, during its existence, must not have been an affiliate of any other company or other business such as a parent or subsidiary corporation, and:
3. The Prizes. (a) The EOY and EEOY Winners will each receive the following prizes: (i) two (2) roundtrip tickets 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 PressÔ books (a $300 value), and (iv) a three (3) year subscription to Entrepreneur®magazine (a $60 value). (b) The EOY and EEOY Winners and their Businesses will be profiled and promoted (i) in a special section of the December 2008 issues of Entrepreneur®magazine (a value in excess of $150,000), and (ii) in a follow-up article in the December 2009 issue of Entrepreneur®magazine (a value in excess of $80,000). (c) The EOY and EEOY Winners and a guest of each will be invited to attend 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 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 Los Angeles or Long Beach Airports, provided that Winner's residence is outside of Los Angeles or Orange County, California; (ii) two (2) nights' hotel accommodations (double occupancy) within the Long Beach area; and (iii) transportation between Los Angeles or Long Beach Airports (as applicable) and hotel accommodations in the Long 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 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 Long Beach, California on December 9, 2008, sponsored by Entrepreneur®magazine and presented by The UPS Store®.
4. Selection of Winners. A single winner will be selected in each of the two (2) Awards Categories (the EOY and EEOY Winners). The EOY and EEOY Winners will be selected through the following four (4) step process: (a) Selection of Semi-Finalists: By no later than July 3, 2008, ten (10) EOY semi-finalists and ten (10) EEOY semi-finalists (collectively, "Semi-Finalists") will be selected by EMI's Editorial Department from among all eligible Entry Forms submitted, and contacted by Sponsor via e-mail. To be considered for possible selection as an EOY or EEOY Finalist, each Semi-Finalist must provide Sponsor with an audited or reviewed copy of the Contestant's Business financials or federal tax return for Calendar Year 2007 (collectively, "Semi-Finalist Financials"). 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, but must be received by Sponsor by no later than July 10, 2008. Except to the extent otherwise provided herein, all information contained in the Semi-Finalist Financials submitted hereunder will be deemed confidential information and protected in accordance with Paragraph 5 below, and will be destroyed following designation of the EOY and EEOY Winners, except as may otherwise be required for record retention purposes. (b) Selection of Finalists: By no later than July 14, 2008, an independent panel of judges made up of representatives of Sponsor's Editorial Department, MBE, and the author of Entrepreneur®magazine's monthly column "Rich Returns", Robert Kyosaki, will select from among those EOY and EEOY Semi-Finalists timely returning their Semi-Finalist Financials: (i) three (3) EOY Finalists, to which will be added the winners of Entrepreneur®magazine's 2007 "Woman of the Year" and 2008 "Hot 100" contests, for a total of five (5) EOY Finalists; and (ii) five (5) EEOY Finalists. The Online Profiles will be based on information contained in the Finalists' Entry Forms, as well as such additional information, quotes and/or photographs which Finalists may provide to Sponsor in response to Sponsor's request. The Online Profiles will not include tax or financial information from Semi-Finalist Financials, except if and to the extent that information is also disclosed in the Finalists' Entry Forms. By submitting an Entry Form, each Contestant, if selected as a Finalist, consents and agrees to allow Sponsor to post the above information on the Contest Site, with full knowledge and understanding that such information will be available for viewing by visitors to the Contest Site. (d) Selection of Winners: By no later than August 25, 2008, Sponsor will officially notify the EOY and EEOY Winner-Designates 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 EOY or EEOY 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. Subject to compliance with the aforesaid conditions, the new Winner-Designate will then be confirmed as the EOY or EEOY Winner (as applicable). Once the EOY and EEOY Winners have been confirmed and for a period of sixty (60) days thereafter, the names of the EOY and EEOY Winners will be posted on the Contest Site and may also be obtained from Sponsor by sending a self-addressed, stamped envelope to the street address identified in Paragraph 9 below. The odds of winning depend on the number of eligible entries received and the number of online votes cast. Subject to eligibility, all decisions in the selection of Semi-Finalists, Finalists, Winner-Designates, and Winners shall be final and binding. 5. Judging Criteria. The EOY and EEOY Semi-Finalists and Finalists will be selected based on the following information contained in each eligible Contestant's Entry Form, namely: (i) the growth of the Contestant's Business in terms of number of employees (both fulltime and part-time) and annual gross sales revenue for each year since its existence up to and including Calendar Year 2007, and (ii) Contestant's answers to four (4) questions in the Entry Form concerning the impact of the Contestant's Business on its industry category, on the community, on its employees, and on its customers ("Impact Questions"). 6. Contestant Warranties and Consents. By completing and submitting the 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 provided in the Entry Form and Semi-Finalist Financials (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 of his/her name and/or likeness and the information contained in his/her Entry Form (but excluding any additional information contained in any Semi-Finalist Financials, if applicable) by Sponsor, MBE, and their affiliates for promotional purposes (whether in print, online or in any other media now known or hereafter developed), without further notice or additional compensation, unless prohibited by applicable law; (e) agrees, if selected and confirmed as the EOY or EEOY Winner, to be solely responsible for any and all tax consequences as a result of accepting and receiving any and all 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 as part of the Entry Form and/or Semi-Finalist Financials, (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, MBE, 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; and (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: Entrepreneur Media, Inc. ("Sponsor") Presenter: Mail Boxes Etc., Inc., franchisor of The UPS Store® and Mail Boxes Etc.® franchised locations, is providing promotional support only for this Contest and is not to be considered a sponsor or administrator for this Contest.
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