Official Rules for the What Works for Business Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. Void in the Province of Quebec (Canada), outside of the United States and Canada, and anywhere prohibited by law.
For the purposes of these Official Rules, “you” and “your” refer to the business that enters the Contest as well as the person who enters the Contest on behalf of the business. Note: It is an employee’s sole responsibility to review and understand his/her company’s policies regarding participation in promotions such as this. Prizes are subject to such company policies.
- Sponsor: The What Works for Business Contest (the “Contest”) is sponsored by Business.com Inc. ("Business.com"), a California corporation with principal place of business at 2120 Colorado Avenue, Third Floor, Santa Monica, CA 90404.
- Official Rules: By entering the Contest, you agree to be bound by these Official Rules and the decisions of Business.com, which are final and binding. Please read these Official Rules carefully.
- Eligibility: The Contest is open only to business entities RESIDENT OR CARRYING ON BUSINESS FOR INCOME TAX PURPOSES IN the 50 United States and Canada, with the exception of the Province of Quebec. Only employees or owners who are legal residents of the 50 United States or Canada (excluding Quebec), age 18 or older, can submit entries on behalf of their business entities. The following business entities and their parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the employees, officers, interns, agents, contractors, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside), and those living in their same households, whether or not related, are ineligible to enter the Contest: Business.com Inc., R.H. Donnelley Inc., Dex Media, Inc., and business entities affiliated with the Contest judges.
- How to Enter:
- Contest Website. During the Contest Period (as defined below), the only method of entry is online at http://whatworks.business.com (the “Contest Website”).
- Entry Form and Consent Form. Follow the directions provided to complete and submit the entry form and consent form located on the Contest Website. Incomplete entry and consent forms will not be accepted.
- Submission. Submit a brief (no more than 400-word) description of a business challenge faced by your business and how your business has solved it (the “Submission”). The Submission must your original writing. Business.com reserves the right to make minor edits to grammar, punctuation, capitalization, spelling, and related presentation points.
- Contest Category. Select one of the following ten (10) categories (the “Contest Categories”) in which to enter your Submission: Money, Technology, Sales and Marketing, Web, Office Management, Operations, People, Business Location, Startup, or Management. You must select one and only one Contest Category for each Submission you enter in the Contest. You may enter more than one (1) Submission, but each Submission must address a different challenge. Business.com reserves the sole right in its discretion to change the Contest Category for any Submission.
- Restrictions. All Submissions must be in English, must be your original work, must not have been entered in any other contest or submitted to any publication or organization, and must be consistent with Business.com’s image. Submissions with illegal, offensive, harassing, defamatory, or other inappropriate content or that defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights (as determined by Business.com in its sole discretion) or that are otherwise not in compliance with these Official Rules, as determined by Business.com in its sole discretion, will be void. Released Parties (as defined below) are not responsible for lost, late, misdirected, delayed, garbled, damaged, or incomplete Submissions. By entering a Submission, you hereby grant permission for the Submission to be posted on http://whatworks.business.com or other websites. You agree that Released Parties (as defined below) are not responsible for any unauthorized use of Submissions by third parties. Released Parties do not guarantee the posting of any Submission. You agree that you will not use the Submission for any other purpose, including without limitation posting the Submission to any other websites, without the prior written consent of Business.com in each instance.
- Contest Period: The Contest begins at 9:00:00 A.M. Pacific Time (“PT”) on October 22, 2008 and ends at 5:00:00 P.M. PT on January 12, 2009 (the “Contest Period”). All Submissions must be received by 5:00:00 P.M. PT on Wednesday, December 3, 2008 to be eligible. The Category Winners and Grand Prize Winner (as defined below, and collectively the “Winners”) will be announced on or about January 12, 2009.
- Selection of the Finalists and Winners:
- Judging Criteria. All eligible Submissions for each Contest Category will be judged on the following criteria: (i) degree of business challenge; (ii) creativity of solution; and (iii) practicality/broad applicability of solution (the “Judging Criteria”).
- Selection of the Finalists. A panel of independent experts and Business.com employees, including Business.com’s Dan Kehrer, SBA Small Business Journalist of the Year for the Los Angeles region, will select five (5) finalists in each Contest Category based on the Judging Criteria (the “Finalists”). Business.com will announce the Finalists on or about December 10, 2008 by posting the Finalists on the Contest Website and contacting winners directly via email and phone. Business.com reserves the right to select fewer than five (5) Finalists in any Contest Category if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries for that Contest Category.
- Selection of the Winners. One winner in each Contest Category will be selected by visitors to the Contest Website. Voting for Category Winners begins at 9:00:00 A.M. PT on December 10, 2008 and ends at 5:00:00 P.M. PT on December 19, 2008 (the “Voting Period”). During the Voting Period, visitors to the Contest Website who are at least 18 years of age are allowed to vote for their favorite Submission for each Contest Category based on the Judging Criteria. Limit one (1) vote per person and per email address for each Contest Category. Votes from any person or email address for any one Contest Category in excess of the stated limitation will be void. Finalists are prohibited from obtaining votes by any fraudulent or inappropriate means, including without limitation offering prizes or other inducements to members of the public, as determined by Business.com in its sole discretion. No votes from bots or automated sources or votes that subvert the voting process will be allowed, and all such votes will be void. The Finalist with the highest number of valid votes for each Contest Category will be deemed the winner for that Contest Category (the “Category Winner”), subject to verification of eligibility and compliance with these Official Rules. The Finalist with the highest number of valid votes among all of the Finalists will be deemed the grand prize winner (the “Grand Prize Winner”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie between two or more Finalists in any Contest Category and/or in total votes, the Category Winner and/or Grand Prize Winner, respectively, will be selected by the judges based on the Judging Criteria. Business.com will contact the Category Winners and the Grand Prize Winner via email and/or telephone on or after December 19, 2008 and will announce the Winners on or about January 12, 2009
- Restrictions. Entrants, Submissions, entry forms, and consent forms that do not comply with these Official Rules will be void and all such entrants will be disqualified.
- Conduct: By entering the Contest, you agree to comply with and be bound by these Official Rules, which will also be posted on the Website. Failure to comply with these Rules may result in disqualification from the Contest and all associated Submissions will be void. You further agree to comply with and be bound by the decisions of Business.com and the judges, which are final and binding in all respects. Business.com reserves the right in its sole discretion to disqualify any entrant and remove any such entrant’s Submission if entrant is found by Business.com to be: (1) tampering or attempting to tamper with the entry process or the operation of the Contest; (2) violating these Official Rules; (3) violating the terms of service, conditions of use or general rules or guidelines of any Business.com property or service, available at www.whatworks.business.com; or (4) acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Any false information provided within the context of the Contest by any entrant concerning identity, postal address, or ownership of right may result in the immediate disqualification of an entrant from the Contest at Business.com’s sole discretion. Business.com further reserves the right to disqualify any Submission that it believes in its sole discretion infringes upon any law or otherwise does not comply with these Official Rules. Business.com has the right to void Submissions and votes in the case of suspected automated or other fraudulent Submission or voting activity and to disqualify all associated entrants. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY PROPERTY OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, BUSINESS.COM RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- Prizes:
Category Prize (a maximum of one (1) for each Contest Category): Each Category Winner will be awarded a cash prize of USD $2,000 (awarded as a check).
Grand Prize (a maximum of one (1) in the Contest): The Grand Prize Winner will receive a cash prize of USD $8,000 (awarded as a check for a total of USD $10,000).
The prizes for the Category Winners and the Grand Prize Winner may be referred to individually as a Prize and collectively as the Prizes.
No transfer, cash redemption or substitution of Prizes is permitted, except by Business.com, which in its sole discretion may substitute any Prize with one of comparable or greater value. Winners are responsible for all federal, state and local taxes (including income and withholding taxes) and any other costs and expenses associated with prize acceptance and use. The total approximate retail value of all prizes is USD $28,000. All Prize details are at Business.com’s sole discretion. Prizes will be awarded to the business that enters the Contest as opposed to the person who enters the Contest on behalf of the business.
- Promotions and Media Activity:
- By accepting a Prize, you grant Business.com and its affiliates the right to use your name, voice, statements, city and state, and/or likeness, as well as your business’s name, location, photograph, image, in any and all promotional, advertising, or media activity or any other promotional, advertising or media materials now known or hereafter devised (collectively, “Media Activity”), worldwide, in perpetuity, without additional compensation, notification, or approval. You also agree to participate in any Media Activity regarding the Contest. This subsection (a) does not apply to entrants from Tennessee or where prohibited by law.
- By submitting a Submission, you acknowledge and agree that Business.com, as the sole owner of the Submissions (including all rights embodied therein), has the unqualified right, along with its designees, to exploit, edit, modify, display, copy, make derivative works from, distribute, and otherwise use the Submissions and all elements thereof, including without limitation the names or statements of any persons embodied therein, in any and all Media Activity now known or hereafter devised, worldwide in perpetuity. Such use may be with or without attribution to you and does not require any compensation, notification, permission or approval from you or any third party.
- Privacy Notice and Terms of Use: By participating, you will be subject to and agree to comply with Business.com’s online Privacy Policy and Terms of Use, which are incorporated into these Official Rules by reference. By participating in this Contest, you agree that we can collect your personal information, and that if we cannot collect the required data, you may not be eligible to participate in the Contest. Any personal information collected during the course of the competition by Business.com will only be used for administering this Contest and for other purposes as outlined in these Official Rules and Business.com’s Privacy Policy. You will have the right to access, review, rectify or cancel any personal data held by Business.com by writing to Business.com (Attention: Corporate Communications) at the Business.com address listed above.
- General Conditions: This Contest is governed by the laws of the State of North Carolina, United States. All applicable federal, state, provincial, and local laws and regulations apply. By participating in this Contest, you agree to be bound by the terms of these Official Rules and by Business.com's and the judges’ decisions, which are final and binding on all matters pertaining to this Contest. Return of any Prize/Prize notification may result in disqualification and selection of a runner-up for the Prize at issue. Any potential Winner who cannot be contacted within seven (7) days of attempted first notification will forfeit his or her Prize and the Prize will be awarded to a runner-up for the applicable Category Winner or Grand Prize Winner. Potential Winners will be required to sign, notarize and return an Affidavit or Declaration (as applicable) of Eligibility, a Liability/Publicity Release, an I.R.S. Form W-9 and any other documents required by Business.com, and provide a copy of photo identification and any additional information that may be required by Business.com within fifteen (15) days following the date of issuance of such documents. An authorized representative with signing authority of the business for which the Winner has entered will also be required to sign all documents required by Business.com in order to receive the Prize. Failure to comply within this time period or non-compliance with these Official Rules may result in disqualification and selection of a runner up winner for the applicable Contest Category.
- LIMITATION OF LIABILITY: BUSINESS.COM RESERVES THE RIGHT TO MODIFY OR CANCEL THIS CONTEST OR THESE OFFICIAL RULES AT ANY TIME. BUSINESS.COM INC., R.H. DONNELLEY INC., DEX MEDIA, INC., AND BUSINESS ENTITIES AFFILIATED WITH THE CONTEST JUDGES, AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT RESPONSIBLE TO YOU OR ANY OTHER PARTY AND WILL BE RELEASED, DISCHARGED AND HELD HARMLESS FOR ANY INJURIES, LOSSES, CLAIMS, OR DAMAGES OF ANY KIND, INCLUDING INJURIES, LOSSES, CLAIMS, OR DAMAGES RESULTING FROM (A) NEGLIGENCE BY BUSINESS.COM OR ANY OTHER PARTY; (B) ANY DELAY IN AWARDING ANY PRIZE; (C) THE ACCEPTANCE OR USE OF ANY PRIZE OR FROM PARTICIPATION IN THE CONTEST; OR (D) THE RELEASED PARTIES’ OR ITS DESIGNEES’ EXERCISE OF ANY RIGHTS GRANTED HEREUNDER. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE FORESEEABILITY OF THE LOSSES, CLAIMS, OR DAMAGES OR THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
- Indemnification. You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, damages, liabilities, losses, costs, expenses, and reasonable attorneys’ fees, resulting from: (a) your violation of any provision of these Official Rules; (b) your violation of any law; (c) your infringement of any copyright, trademark, trade secret, or other intellectual property or proprietary right; or (d) any injury to persons (including without limitation defamation) or loss or damage to tangible or intangible property related to your participation in the Contest.
- Third Parties: The Released Parties are not responsible for the policies, actions, or inactions of others that might prevent you from entering, participating, and/or claiming a prize in the Contest.
- Internet: The Released Parties are not responsible for the following:
- Electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission;
- Theft or destruction or unauthorized access to or alterations of Submissions or other Contest materials;
- Injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the Contest Website;
- Technical, network, telephone equipment, network, cable, satellite, Internet Service Provider (ISP), electronic, computer, hardware or software malfunctions or limitations of any kind;
- Inaccurate transmissions of or failure to display Contest materials on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof;
- other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Submissions, the tabulation of votes, the announcement of the prizes, or in any Contest-related materials.
If for any reason the Contest is not capable of running as planned, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Business.com reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest, including without limitation the selection of Finalists and Winners.
- Severability: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions will remain in full force and effect.
- Winners List: The names of the Winners (if any) will be posted on the Contest Website on or about Monday, January 12, 2009 and will remain on the Contest Website for approximately 30 days thereafter.
- Warranties and Intellectual Property Ownership. You agree that all Submissions and other information or content that you provide Business.com related to the Contest, and the associated copyrights, become the sole property of Business.com. You warrant and guarantee the following:
- The information you provide Business.com for the Contest is accurate and complete;
- You have the right to enter the Contest on behalf of the business on the entry form;
- You have the right to transfer ownership of and copyright to the Submission to Business.com;
- The Submissions have not been entered in any other contest or submitted to any other publication or organization;
- The Submissions are original and do not and will not infringe on any copyright, trademark, trade secret, or other intellectual property or proprietary right;
- You do not need the permission of any other person, business, organization, or other party to enter the Submissions in the Contest;
- Your Submissions and your participation in the Contest will not violate any agreement you have with another party; and
- You will comply with all federal, state, provincial, and other laws applicable to the Submissions and your participation in the Contest.
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