Intuit "Love Our Local Business" Spring Wishes 2013 Program
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Intuit "Love Our Local Business" Spring Wishes 2013 Program (the “Contest”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) and Canada (excluding Quebec) who are at least eighteen (18) years old (or the age of majority in your place of residence) and are owners of a currently active, lawful small business ("Small Business") at the time of entry. The Small Business must have less than fifty (50) employees throughout the promotion period. Employees of Intuit Inc., Collier Simon, Inc., ThisMoment, Inc., ePrize, Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to participate or win. The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void in Quebec and where prohibited by law.
2. Sponsor: Intuit Inc., 2535 Garcia Avenue, Mountain View, CA 94043, U.S.A. Administrator: ePrize, Inc., One ePrize Drive, Pleasant Ridge, MI 48069, U.S.A.
3. Agreement to Official Rules: Participation in this Contest constitutes your full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, These decisions are final and binding in all matters related to this Promotion. Receipt of a prize is contingent upon fulfilling all applicable requirements set forth herein.
4. Timing: The Contest begins on April 2, 2013 at 12:00 a.m. Pacific Time ("PT") and ends on May 12, 2013 at 11:59 p.m. PT (the "Contest Period"). Sponsor's computer is the official time-keeping device for the Contest.
5. How to Enter: During the Promotion Period, visit www.loveourlocalbusiness.com. Follow the links and instructions to submit a description of a wish for your small business and how it will transform your business. The wish must be one that Sponsor is legally able to grant, is reasonably feasible to grant for your small business and is valued at approximately $5,000 or less. The wish must be described in six hundred (600) characters or fewer (your "Submission"). You will also be required to complete a registration form including your first and last name, email address, business name, and other details about your small business. You may optionally submit a photo to accompany your Submission, but it will not be considered for winner determination by the judging panel.
You may also enter this Contest through the Small Biz Wishes tab on the Intuit Page on Facebook (www.facebook.com/intuit). If you enter through this website, you will follow the same process for Submission and registration.
By uploading your Submission and optional photo (herein "Optional Content"), you agree that your Submission and Optional Content conforms to the Guidelines and Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and/or Optional Content and disqualify you from the Contest if it believes that your Submission or Optional Content fails to conform to the Guidelines and Restrictions.
Limit: You may upload one (1) Submission per Small Business during the Promotion Period. If you are the owner of more than one (1) Small Business, you may submit one (1) Submission for each. Submissions received from any person or email address in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. If requested, entrant must be able to provide permissions from others featured in the Submission in a form acceptable to Sponsor. Uploading a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions and Optional content in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission and Optional Content. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions, all of which will be void.
In the event of a dispute regarding the individual who is an owner of the Small Business, the authorized account holder of the email address provided on the Registration form submitted by the business owner will be deemed to be the potential entrant who must comply with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being an authorized account holder.
6. Winner Determination: Winners will be determined according to the process set forth below.
a. Voting: During the Contest Period, entrant's Submissions will be posted in an online gallery for public voting at www.loveourlocalbusiness.com. Persons who meet the age and geographic eligibility criteria as set forth in Section 1 will be invited and are permitted to vote for the Submissions they believe have the most public appeal. The public voting for each Submission will be used to determine the Public Appeal score included in the Judging Criteria described below. Limit: Each person may vote one (1) time per day per Submission during the Contest Period. Multiple votes received from any person or email address in excess of this stated number will be void.
At the end of the Contest Period, the five (5) Submissions that have received the largest number of votes will be the potential Intuit Product prize winners. Any attempt by any entrant or voter to obtain more than the stated number of votes by any fraudulent or inappropriate means, including without limitation, offering prizes or other inducements to members of the public as determined by Sponsor in its sole discretion, by using any automated program, by using multiple/different email addresses, Facebook accounts, identities, registrations and logins, or any other methods, will void those votes for the entrant's Submission and entrant may be disqualified as determined by Sponsor in its sole discretion.
Sponsor reserves the right, in its sole discretion, to revise voting tallies for the Inutuit Product Prizes or not consider score for Public Appeal for purposes of determining the Grand Prize winners should the voting appear to have been tampered with or manipulated in any way.
b. Judging: A panel of qualified judges determined by Sponsor in its sole discretion will select a total fifteen (15) potential Grand Prize winners with the highest-scoring Submissions from among all eligible Submissions received by April 23, 2013, April 30, 2013, and May 12, 2013 (five (5) potential winners determined on each award date) based on the following criteria (“Judging Criteria”):
Non-winning Submissions will be considered for each Contest prize. In the event of a tie, the entrant whose Submission received the highest score for "Wish will Transform the Small Business," as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential winner. Sponsor reserves the right to select fewer than a total of fifteen (15) winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
7. Winner Requirements: Potential Grand Prize winners will be notified by email and phone on or around the week after selected. Potential Intuit Prize winners will be notified on or around May 20, 2013. Potential winners may be asked for verification that they are owners of an eligibile small business. Each potential Grand Prize winner will be required to sign and return a Declaration of Compliance, Liability and (and where not prohibited) a Publicity Release, which must be received by Administrator within one (1) day of the date the document is sent or attempted to be sent, in order to claim the prize. Potential Intuit Prize winners will be required to provide their business mailing address for prize fulfillment within the time frame requested in order to claim their prize. If a potential winner cannot be contacted, fails to execute and return the Declaration of Compliance, Liability and Publicity Release or provide their mailing address within the required time period (as applicable), does not comply with these Official Rules, the potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will not be awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state (and or province), likeness, photo, Submission, Optional Content and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and Optional Content and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission or Optional Contet and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Sponsor or designee will reach out to each winner within 2-4 weeks after winner confirmation to initiate prize fulfillment process.
7. Prizes: FIFTEEN (15) GRAND PRIZES (awarded over the course of the Contest): Each Grand Prize winner will win the "wish" articulated in his or her Submission up to a maximum retail value of $5,000 USD. Where winner's wish is seeking services or custom products, winner may be required to select a vendor and create a purchase agreement with selected vendor and provide evidence of this purchase agreement with selected vendor. Sponsor's obligations regarding prize and prize fulfillment are limited to payment of selected vendor up to $5,000 USD. Maximum Aproximate Retail Value ("ARV"): $5,000 USD.
FIVE (5) INTUIT PRODUCT PRIZES: Intuit product(s) determined by Sponsor in its sole discretion. ARV: $400.
The prizes are non-transferable and no substitution will be permitted unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a prize for one of comparable or greater value, at its sole discretion. Grand Prize recipients will receive an IRS Form 1099 for the calendar year in which the prize is awarded and a copy of such form will be filed with the IRS. All federal, state, provincial, municipal, terrotorial and local taxes and any expenses not expressly provided for in these Official Rules are solely the responsibility of the recipient.
Limit: One (1) prize per eligible Small Business.
8. Release: By participating in the Promotion and/or accepting a prize, the Small Business owner agrees to release and hold harmless Sponsor, Facebook, Inc., ThisMoment, Inc., Collier Simon, Inc., YouTube, LLC, Administrator and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers/partners, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of a prize.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions or votes or the tabulating of votes, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
11. Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan, U.S.A.
13. List of Grant Recipients: For a list of winners, visit www.loveourlocalbusiness.com. The list will be posted after confirmation is complete.
© 2013 ePrize, Inc.. All rights reserved.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Intuit "Love Our Local Business" Spring Wishes 2013 Program
ABBREVIATED RULES for Print
NO PURCHASE NECESSARY. OPEN TO SMALL BUSINESS OWNERS WHO ARE LEGAL RESIDENTS OF THE 50 UNITED STATES (D.C.) AND CANADA, 18 YEARS (OR AGE OF MAJORITY IN THEIR PLACE OF RESIDENCE) or OLDER who Did not purchase any equipment for purposes of entering the Contest. VOID IN QUEBEC AND WHERE PROHIBITED. Enter Contest by: 5/12/13 For Official Rules and prize description, visit http://www.loveourlocalbusiness.com. 15 Grand Prizes of up to $5,000 USD and 5 Product Prizes up to $400 USD. Sponsor: Intuit Inc., 2535 Garcia Avenue, Mountain View, CA 94043.
Abbreviated rules for online Ads – Banner
NO PURCHASE NECESSARY. Enter Contest by: 5/12/13. To enter and for Official Rules, visit http://www.loveourlocalbusiness.com. 15 Grand Prizes of up to $5,000 USD and 5 Product Prizes up to $400 USD.
Abbreviated Rules for online Ads – Not a Banner
NO PURCHASE NECESSARY. Open to Small Business owners who are legal residents of the 50 United States (D.C.) and Canada, 18 years or older (or age of majority in their place of residence) who did not purchase any equipment for purposes of entering the Contest. Enter Contest by: 5/12/13. To enter and for Official Rules, including prize description, visit http://www.loveourlocalbusiness.com. 15 Grand Prizes of up to $5,000 USD and 5 Product Prizes up to $400 USD. Void in Quebec and where prohibited.