NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. PLEASE READ THESE TERMS BEFORE ENTERING THE CONTEST. AS DETAILED BELOW, THESE TERMS AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY.
THE CONTEST IS OPEN ONLY TO:
(1) LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY; AND
(2) U.S. SMALL BUSINESS ENTITIES THAT (A) HAVE FEWER THAN FIFTY (50) EMPLOYEES (INCLUDING FULL-TIME AND PART-TIME) AS OF THE DATE OF ENTRY AND (B) HAVE A PRINCIPAL BUSINESS OFFICE WITH A STREET ADDRESS (NOT A P.O. BOX) LOCATED IN ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA AND THAT IS LEGALLY ORGANIZED IN ONE OF THE FIFTY UNITED STATES OR THE DISTRICT OF COLUMBIA (a “Qualifying Business Entity”).
EACH QUALIFYING BUSINESS ENTITY MUST DESIGNATE a person who will serve as the QUALIFYING BUSINESS ENTITY’s sole representative for communications and all other purposes in connection with the Contest (the “Company Representative”). Such Company Representative must have the ability to bind the entrant to all agreements, consents, representations and warranties made herein or otherwise made by the Company Representative in connection with the Contest. ANY PERSON SUBMITTING AN ENTRY ON BEHALF OF A QUALIFYING BUSINESS ENTITY MUST HAVE AUTHORIZATION OF THE ENTITY TO SUBMIT THE ENTRY. SUCH AUTHORIZATION MUST INCLUDE THE QUALIFYING BUSINESS ENTITY’S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
U.S. LAW GOVERNS THIS CONTEST. VOID WHERE PROHIBITED.
The entry period for the Contest begins at 9:00 a.m. Eastern Time (ET) on April 18, 2017 and ends at 11:59 p.m. ET on May 20, 2017.
ELIGIBILITY: The UPS Store Small Biz Salute Pitch Off Contest (the “Contest”) is open only to (a) persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides, and (b) Qualifying Business Entities that satisfy the eligibility requirements set forth above as of the date of entry and, if a winner, as of the date of prize fulfillment. For clarity, a person who wishes to enter the Contest as an individual (and not as the Company Representative for a Qualifying Business Entity) is not required to be associated with a Qualifying Business Entity. A Company Representative submitting an entry for a Qualifying Business Entity must be (a) a legal resident of one of the 50 United States or the District of Columbia and (b) 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are employees of The UPS Store, Inc. (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies, and members of the immediate family or household (whether or not related) of any such employee, are not eligible. Businesses whose principals, officers or directors include any employee of Sponsor or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding.
HOW TO ENTER: The entry period for the Contest begins at 9:00 a.m. ET on April 18, 2017 and continues through 11:59 p.m. ET on May 20, 2017 (the “Entry Period”). To enter, during the Entry Period, visit www.theupsstore.com/pitchoff (the “Website”) and follow the entry instructions provided on the Website. Each entrant must complete an Official Entry Form on the Website (which will involve providing the entrant’s name, telephone number, email address and such other information as Sponsor may require) and submit an original video of sixty (:60) to ninety (:90) seconds in duration that includes a pitch for a new business idea or for how winning a prize in the Contest would help further the entrant’s existing business (a “Video”). Text, dialogue and vocals contained in a Video must be in English. Videos must be submitted by the conclusion of the Entry Period. A potential entrant will not be deemed to have entered the Contest until the entry process has been completed on the Website in accordance with the instructions provided on the Website. Entries will not be accepted via social media or any means other than via the Website. Each Video must comply with all of the guidelines set forth in Section 3 (Video Guidelines). There is a limit of one (1) entry per entrant. An entrant must not use two or more e-mail accounts to submit entries. Proof of submission does not constitute proof of entry. Entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. Normal time rates and/or data rates (as applicable), if any, charged by the entrant’s internet or mobile service provider will apply. All entries are subject to verification at any time. Sponsor will have the right, in its sole discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
VIDEO GUIDELINES: All Videos submitted in the Contest must comply with the following guidelines: (a) the Video must be truthful and accurate; (b) the Video must not previously have been published or won any award; (c) the Video must be original and have been created solely by the entrant, without the assistance of any third party; (d) the Video must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees (as defined in Section 6 (Grant of Rights)) as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (e) if the Video identifies, portrays, depicts or includes the name, likeness, voice and/or other identifying information of any person other than the entrant (including, if the entrant is a Qualifying Business Entity, the name, likeness, voice and/or other identifying information of any employee, officer, director, contractor or customer of the Qualifying Business Entity), the entrant must have prior to submission obtained written consent from such person (or his or her parent or legal guardian, if the person identified, depicted or portrayed is a minor) to the identification, portrayal, depiction and/or inclusion (as applicable) of such person’s name, likeness, voice and/or other identifying information in the Video and the use by the Licensees of the Video including such person’s name, likeness, voice and/or other identifying information, as applicable, as permitted pursuant to these Official Rules; (g) the Video must not contain any material that is defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; and (h) the Video must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or display. By submitting Video, the entrant represents and warrants that he or she has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Video in the Contest and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents and, if requested by Sponsor, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any Video that Sponsor determines does not comply with these guidelines, to make such changes to any Video as are necessary to make it compliant, or to require the entrant to do so.
WINNER SELECTION AND NOTIFICATION:Selection of Finalists: Beginning at approximately 9:00 a.m. ET on May 22, 2017 and continuing through approximately 11:59 p.m. ET on May 31, 2017 (the “Finalist Judging Period”), each Video will be exhibited on the Website for public judging. Website visitors will be instructed to vote for the Video that they believe should be the Contest winner by applying the following criteria, weighted as indicated (the “Selection Criteria”): (a) extent to which entrant is able to articulate and pitch entrant’s business and/or business idea (60%); (b) extent to which the Video includes an original, creative or inspiring idea (30%); and (c) overall impression (10%). If Sponsor determines or suspects that a person has submitted votes in excess of the stated daily maximum, or that any votes submitted are illegitimate, the result of fraud or are otherwise suspect (as determined by Sponsor in its sole discretion), Sponsor will have the right in its sole discretion to disqualify any or all of the affected votes and/or to take such other actions as it deems appropriate, including disqualifying such person or IP address from future voting. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes to prospective voters, as determined by Sponsor in its sole discretion. The use of any script, macro, or any automated system or software or any other mechanical or electronic means that permits visitors to vote repeatedly or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. Sponsor reserves the right, in its sole discretion, to nullify all votes obtained via such means and to disqualify any entrant whose Video is the subject of such voting from further voting or participation in the Contest. After the conclusion of the Finalist Selection Period, the 10 entrants that have received the most votes will be the 10 finalists. Sponsor reserves the right to select fewer than 10 finalists if Sponsor determines, in its sole discretion, that it has not received a sufficient quantity of eligible and qualified entries or that the Videos received do not sufficiently address the Selection Criteria. Selection of Winners: After the selection of the finalists, judges designated by Sponsor (the “Judges”) will review the Videos submitted by the finalists and select one potential Grand Prize winner by applying the Selection Criteria. The Judges will also select, from the finalists, potential winners of Runner-Up Prizes in the following categories: Most Creative Pitch, Most Passionate Pitch, Most Daring Pitch, Most Concise Pitch, Most Entertaining Pitch and Most Innovative Pitch. In the event of a tie, the tie will be broken based on the overall impression criterion. If there is still a tie, the tied entries will be judged by an additional judge who, using the Selection Criteria, will break the tie. Notification and Verification of Winners: Each potential winner will be notified via e-mail, telephone, or such other method as Sponsor may determine. Sponsor will have the right to require that each potential winner complete and return to Sponsor an Affidavit of Eligibility/Publicity and Liability Release, and any other documentation required by Sponsor in connection with verification of the winner’s eligibility and confirmation of the release and grant of rights set forth in these Official Rules, within 72 hours after attempted delivery of same. If a potential winner fails to complete and return an Affidavit of Eligibility/Publicity and Liability Release, and any other documentation required by Sponsor, within 72 hours after attempted delivery or does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, or if Sponsor determines, in its sole discretion, that the potential winner’s Video fails to meet the requirements of these Official Rules, then the potential winner may be disqualified. If a potential winner is disqualified for any reason, Sponsor will have the right in its discretion to award the prize to the next highest-scoring finalist and to select one or more alternate winners as deemed appropriate by Sponsor (in which case the foregoing provisions will apply to such alternates). Sponsor reserves the right to not award the Grand Prize and/or one or more Runner-Up Prizes as a result of a potential winner being disqualified.
PRIZES: One Grand Prize and six Runner-Up Prizes will be offered. The Grand Prize is $10,000 awarded in the form of a check or another payment method determined by Sponsor. The approximate retail value (“ARV”) of the Grand Prize is $10,000. Each Runner-up Prize consists of a $100 Visa® gift card. The ARV of each Runner-Up Prize is $100. The aggregate ARV of all prizes is $10,600. IF A QUALIFIED BUSINESS ENTITY IS DETERMINED TO BE A PRIZE WINNER, THE APPLICABLE PRIZE WILL BE AWARDED TO THE OWNER OF SUCH QUALIFIED BUSINESS ENTITY. All prize details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. Each prize will be awarded if properly claimed. Use of gift cards is subject to the card issuer’s terms and conditions. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which has the right to substitute a prize with a prize or prizes of equal or greater value selected by Sponsor, in its discretion. Each prize consists only of the item(s) expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the Prize winner. Each prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the stated number of prizes be awarded. All federal, state and local taxes on the value of each prize are the responsibility of the Prize winner. An IRS form 1099 will be issued if required by law.
GRANT OF RIGHTS: By entering the Contest, each entrant irrevocably grants Sponsor and its parent companies, subsidiaries, affiliates, The UPS Store retail franchisees, and the advertising and promotion agencies, and the successors, assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant, and if the entrant is a Qualified Business Entity, the entity’s trademarks and logos and the name, likeness, voice and/or other identifying information of the Company Representative and of each employee, officer, director or contractor of the Qualified Business Entity who is identified, portrayed, depicted or included in the entrant’s Video, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including, without limitation, via Sponsor’s and third-party websites, social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. In addition, by entering the Contest and submitting a Video, each entrant irrevocably grants the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Video, in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including, without limitation, via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
RELEASE AND LIMITATION OF LIABILITY: By entering the Contest, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, The UPS Store franchise locations, and all other companies involved in the development or operation of the Contest, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest, the provision, acceptance or use of any prize or any exercise by the Licensees of any of the rights granted in Section 6 (Grant of Rights), including, without limitation, any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by the entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, infringement of copyright or trademark, misappropriation or violation of any other personal or proprietary right. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in the Contest or the provision, acceptance or use of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, (i) any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize, (ii) any late, lost, delayed, illegible, damaged, corrupted or incomplete entries, (iii) any incorrect or inaccurate capture of, damage to, or loss of Videos or entry information, or (iv) any other human, mechanical or technical error of any kind relating to communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Contest.
GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including, without limitation, by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend the Contest at any time in its discretion, including, without limitation, if a virus, bug, technical problem, entrant fraud or misconduct, or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Contest, or if for any other reason Sponsor is not able to conduct the Contest as planned (including, without limitation, if the Contest is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Contest, a notice will be posted on the Website and the Judges will select the winners from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Contest by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been made by the person identified in the Video. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in the Contest, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
DISPUTES: YOU AND SPONSOR AGREE THAT, EXCEPT FOR DISPUTES THAT QUALIFY FOR STATE COURTS OF LIMITED JURISDICTION (SUCH AS SMALL CLAIMS, JUSTICE OF THE PEACE, MAGISTRATE COURT, AND SIMILAR COURTS WITH MONETARY LIMITS ON THEIR JURISDICTIONS OVER CIVIL DISPUTES), ANY CONTROVERSY OR CLAIM, WHETHER AT LAW OR EQUITY, ARISING OUT OF OR RELATED TO THIS CONTEST, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE RESOLVED IN ITS ENTIRETY BY INDIVIDUAL (NOT CLASS-WIDE NOR COLLECTIVE) BINDING ARBITRATION. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court and is subject to limited review by courts. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor these Official Rules. Any arbitration will take place in the county where you reside and will be determined by a single arbitrator. The arbitration shall be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Consumer Arbitration Rules (the “Rules”), and judgment on the award may be entered in any court of competent jurisdiction. The Rules, including instructions for how to initiate arbitration, are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall decide all issues of the case on the basis of the applicable law, not equity. If you initiate arbitration, you must serve Sponsor’s registered agent for service of process, Corporation Service Company, which has locations in every state. Information also can be found on the website of your local Secretary of State. Any filing fee or administrative fee required of you by the AAA Rules shall be paid by you to the extent such fee does not exceed the amount of the fee required to commence a similar action in a court that otherwise would have jurisdiction. For all non-frivolous complaints, Sponsor will pay the amount of such fee in excess of that amount. The arbitrator will allocate the administrative costs and arbitral fees consistent with the applicable rules of the AAA. Reasonable attorney’s fees and expenses will be allocated or awarded only to the extent such allocation or award is available under applicable law. You and Sponsor agree that this Contest affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law provision). This agreement to arbitrate shall survive termination of the Contest or these Official Rules. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after June 6, 2017, or a copy of these Official Rules, send a self-addressed, stamped envelope to: The UPS Store Small Biz Salute Pitch Off Contest, c/o Erwin Penland, 125 E. Broad St., Greenville, SC 29601.
SPONSOR: The UPS Store, Inc., 6060 Cornerstone Ct. West, San Diego, CA 92121-3795.