Mastercard Grow Your Biz Contest Official Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST . A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS IS A SKILL-BASED CONTEST.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
FINALISTS MUST TRAVEL TO NEW YORK, NY TO PARTICIPATE IN PITCHES ON 11/8/18 OR OTHERWISE FORFEIT HIS/HER RIGHT TO CONTINUE PARTICIPATING IN CONTEST.
Eligibility: The Mastercard Grow Your Biz Contest ("Contest") is only open to individuals who are: (1) legal U.S. residents; (2) eighteen (18) years of age or older as of 9/1/18; and (3) considered by law to be a principal owner of a U.S.-based small business, as described below (generally, "Entrants"). For the purpose of the Contest, a small business means a business with an annual revenue of five million dollars ($5,000,000) or less that is physically located in the 50 United States or the District of Columbia. For purposes of the Contest, a small business can be organized as a sole proprietorship, partnership, corporation, or any other legal entity that falls within the Small Business Administration's ("SBA") size standard for its respective private sector industry in the United States. For additional details, visit SBA's website at www.SBA.gov. Void in Guam, Puerto Rico and where prohibited by law. Employees, officers and directors of Mastercard International Incorporated ("Sponsor"), teamDigital Promotions, Inc. ("Administrator"), as well as employees of Bank of America, and each of its respective parent companies, affiliates, distributors, subsidiaries, advertising/promotion agencies and each of their immediate family members (i.e., spouses, parents, children, and siblings and their respective spouses) and those living in the same household as any of them are not eligible to enter or win the Contest. Sponsor, Administrator, Bank of America and each of their respective parent companies, affiliates, distributors, subsidiaries, prize providers, assigns and all of their respective officers, directors, employees, shareholders, representatives, and agents are each a "Released Party" and shall hereinafter collectively be referred to as the "Released Parties".
How it Works: The Contest will occur in two (2) phases as described below and includes a Submission Period (defined below) and a Presentation Period (defined below). At the end of the Submission Period, up to four (4) Finalists (defined below) will be identified, based on the judging procedure and criteria outlined below, to advance to the Presentation Period. At the end of the Presentation Period, the Finalist with the highest score will be declared the Grand Prize winner as outlined below.
Phase 1 Submission Period: The Submission Period begins at 12:00:00 AM Eastern Time ("ET") on 9/1/18 and all Entries must be received on or before 11:59:59 PM ET on 9/30/18 (the "Submission Period"). Administrator's servers are official Contest time clock for this Contest.
Phase 2 Presentation Period: The Presentation Period will take place on 11/8/18 as outlined below (the "Presentation Period").
How to Enter During the Submission Period: Visit www.growyourbizcontest.com during the Submission Period and follow the instructions provided to complete and submit the entry form including an upload of one (1) video ("Video"). Video must share a personal small business story responding to the following theme: "How will you grow your small business?" (hereinafter, the "Theme"). Consider the judging criteria (as outlined below) and Entry requirements as you create your Video.
Video must not exceed one (1) minute in length and must be current, original, and unaltered. Entrants may participate in the Contest via their mobile device or desktop computer. The submitted entry form and Video upload will collectively be referred to as an "Entry" hereafter. Entries that do not follow this format will be not be eligible and will be void. By submitting an Entry, you are acknowledging and agreeing to these Official Rules, including, without limitation, that Sponsor has the right to use your Entry as set forth in these Official Rules. Sponsor may not receive Entries that fail to strictly follow the upload instructions set forth in these Official Rules and Sponsor is not responsible for failure to receive an Entry. Sponsor, at its sole discretion, may accept a technically incorrect unique Entry. To be eligible, all Entries must be received during the Submission Period and no later than 11:59:59 PM ET on 9/30/18.
Limit one (1) Entry per Entrant, per email address, per small business for the duration of the Submission Period. If Entrant submits more than one (1) Entry, all Entries received after the first Entry will be void. Once the Entry is completed and uploaded, the Entry is final and may not be modified or edited. All Entries must meet the Entry Requirements set forth below. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor's sole and absolute discretion. All Entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor's sole and absolute discretion. Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void. All Entries become the physical property of Sponsor and will not be acknowledged or returned. Assurance of delivery of Entries is the sole responsibility of the Entrant. In the event of a dispute as to the identity of any Entrant who submits an Entry, the Entry will be deemed submitted by the account holder of the email account from which it was sent but only if such person is otherwise eligible. The "account holder" is the person assigned an email address or username by the entity responsible for assigning it ( e.g., Yahoo). Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the Entry will be deemed ineligible. Sponsor, Administrator and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries.
- Narration on Video, if any, must be in Entrants voice only, be original and the Video and its contents must not infringe any third party rights;
- Video must not exceed one (1) minute in length and must be in English;
- Video must be in an AVI, MOV, MP4, MPEG, WMV, or FLV format;
- Video maximum file size is 500MB;
- Video may not include any music, including, but not limited to, any music and/or lyrics written or performed by a third party; and
- Entrants must take and appear in the Video themselves, or if Entrants have a third party take and/or appear in the Video, applicable Entrant must have written permission from that person to submit the Video in accordance with these Official Rules and Entrant must obtain a signed release from the third party immediately upon the request of Sponsor. Videos taken by professional videographers are not eligible and will be void.
In addition to that described above, all Entries must further meet the following criteria, as determined within Sponsor's final sole discretion:
- Entries that contain or otherwise infringe on any third-party names,
trademarks, music, identities, copyrighted or patented material, and/or
other material subject to third party rights are prohibited;
- Entries that include any reference to any patents and/or trade secrets of Sponsor or Released Parties and/or its competitors are prohibited;
- Entries that are obscene, offensive, contain any profanities, endorse any form of hate or hate group, or any language or images communicating messages inconsistent with the positive images to which Sponsor and/or Released Parties wishes to associate will be void;
- Entries cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
- Entries cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entries cannot contain disparaging remarks, defame, misrepresent, invade the publicity, third party rights and/or the privacy rights of Sponsor, Released Parties, their products or any trademarks or other intellectual property they own, other products or companies, or any person, living or deceased;
- No background artwork should appear in the Entries unless it is an original work of the Entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the Entrant or Entrant must be the sole owner of all copyright interests therein;
- Entries cannot contain trademarks owned by others, or advertise or promote any brand or product of any kind, or contain any personal identifiable information, such as personal names, email addresses, etc.;
- Entries cannot communicate messages inconsistent with the positive images and/or goodwill to which Released Parties associate; and
- Entries cannot be in violation of any law, statute, regulation, or ordinance.
Sponsor reserves the right to void and disqualify any Entry not satisfying these requirements, as determined within Sponsor's final sole discretion.
By submitting an Entry, you agree that: (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, (ii) you have the right to grant the rights to the Entry as provided in these Official Rules, (iii) the Entry has not been published or submitted in any other competition; (iv) the Entry is your original work; (v) the Entry has not won previous awards; (vi) you have obtained permission from any person whose name or likeness is used in the Entry; and (vii) that publication of the Entry via various media, including, without limitation, social posting, will not infringe on the rights of any third party. You will indemnify, defend and hold harmless Released Parties from any claims to the contrary. Further, by submitting an Entry, you grant permission and a perpetual, non-exclusive, royalty-free, no-cost, worldwide, irrevocable right and license for Released Parties to publish, post, adapt, edit, display, exploit and/or modify or otherwise use the Entry and all images, text and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants or any third party, except for the awarding of the prize(s) to the Finalists/winner in this Contest. Entrants agree that during the Submission Period, they shall not make, and shall not permit, any other public use, display or distribution of their Entry, and they shall maintain all rights without encumbrances so that, if Sponsor desires, Entrants can assign all rights in and to their Entry if selected as a winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entries, to assign or transfer any or all of Sponsor's granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the foregoing, Sponsor will have the right to use the Entries submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all "moral rights (droit moral)" now or hereafter recognized in connection with Entries submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the Entrant's Entry, and any rights therein, be assigned to Sponsor and Entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third-party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted.
Entrant further agrees that submission of an Entry is gratuitous and made without restriction and will not place Sponsor and/or Released Parties under any obligation and that Sponsor and Released Parties are free to discuss or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Entrant. Each Entrant acknowledges that Entries are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor and other Entrants may have created ideas and concepts contained in their Entries that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Contest Entities because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Entrants for their Entry and there is no obligation for any Released Party to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entrant acknowledges that, by acceptance of their Entry, Released Parties do not waive any rights to use similar or related ideas previously known to Released Parties, or developed by its employees, or obtained from sources other than Entrant. Sponsor and/or Released Parties reserve the right to screen Entries, but may post Entries without editing or other prior review. Entrant acknowledges that Sponsor and/or Released Parties have no obligation to use or post any Entry that he/she submits. For all social media postings of Entries made by Sponsor and/or Released Parties, posting of such content is for entertainment purposes only and does not relate to winner selection. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in their Entry in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Contest.
No correspondence about Entries will be entered into, nor will Entries be acknowledged or returned. Incomplete Entries, Entries not responding to the Theme, Entries that do not comply with the Entry Requirements, and/or Entries which may contain obscene, offensive, or any images or language communicating messages inconsistent with the positive images to which Sponsor and/or Released Parties wishes to associate will be void. Entries whose work includes the names, images, or likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of persons, landmarks, trademarks or logos) must be able to provide legal releases for such use including Released Parties' use of such Entry, in a form satisfactory to Sponsor, upon request. Proof of Entry does not constitute Sponsor's proof of receipt. Entries that contain or otherwise infringe on any third-party names, trademarks, music, identities, copyrighted material, and/or other material subject to third party rights are prohibited. Subject to these Official Rules and except where otherwise prohibited by law, all winning Entries are deemed to be assigned to Sponsor and will not be returned. If required information is not included, Entry will be disqualified.
Contest Terms: Your participation by your Entry constitutes your consent to participate in this Contest and consent for Released Parties to obtain, use, and share your Entry, name, business name, address, email and other details for Contest administration purposes. For information regarding Sponsor's privacy practices, please visit https://www.mastercard.us/en-us/about-mastercard/what-we-do/privacy.html . Released Parties are not responsible for late, lost, stolen, illegible, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered emails, Entries (collectively, "Contest Data"), theft, destruction or unauthorized access to, or alteration of Contest Data, defect/delay in transmission or communication, including, but not limited to recording failures, or for telephonic, human or computer failures, problems or errors, interruptions in service leveraged to create an Entry, whether due to system upgrades, repairs, modifications or other causes, defect or delay in transmission, connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, recording/filming systems, electronic equipment, computer hardware or software failures, inaccurate Entry information, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions, errors or delays, whether caused by equipment, programming, human error, acts of God or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Entries, Contest Data processing, the tabulation of judging points, the announcement of prizes and winners, the cancellation or postponement of the Contest, for any injury or damage to participant's or any other person's computer or other device relating to or resulting from participation in this Contest, or for printing, typographical, human or other errors appearing in these Official Rules, in any Contest advertisements or other materials. Use of any device to automate or subvert Entry is prohibited and any Entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated Entries are permitted and any Entries received by such means will be void.
Judging Procedure and Criteria:
All eligible Entries received during the Submission Period will be judged on the following criteria by Sponsor and its designees: 1) Relevance to both Theme and Expression: 0-40 points; 2) Creativity and Originality: 0-30 points; and 3) Overall Appeal and Entertainment Value: 0-30 points. The four (4) Entries with the highest scores, as determined by the judges, in their sole discretion, will be deemed the potential "Finalists" and advance to the Presentation Period, subject to verification of eligibility and compliance with these Official Rules (see "Finalist Notification" section below). Sponsor reserves the right to select fewer than four (4) Finalists if, in their sole discretion, they do not receive a sufficient number of eligible and qualified Entries.
In the event of a tie, the tied Entries will be re-judged based on: Relevance to both Theme and Expression: 0-100 points. If there is still a tie, Sponsor will bring in a tie breaking judge to apply the same judging criteria to break the tie and determine the Finalists.
By participating, Entrants agree to abide by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters relating to this Contest.
While a Bank of America representative may participate in the Contest judging, the advertisements related to the Contest and Contest criteria are established by Sponsor, not Bank of America. Sponsor is responsible for the Contest definitions, rules and administration of the Contest. Bank of America customer participation in the Contest is voluntary. A Contest participant will not receive, directly or indirectly from Bank of America any compensation, remuneration, reward, gift, or honorarium for their participation in the Contest.
Potential Finalists will be determined approximately within ten (10) business days following the completion of the Submission Period and will be notified by Administrator by telephone and/or email and/or a traceable method of overnight delivery. Potential Finalists will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release (collectively, "Prize Acceptance Documents") and any other documents and third-party consents as may be required by Sponsor within twenty-four (24) hours of date of issuance of notification.
Finalists will be required to submit to a confidential background check to confirm eligibility and ensure that advancement to the Presentation Period will not pose a security threat or bring Sponsor or Released Parties into public disrepute, contempt, scandal or ridicule or reflect unfavorably on Sponsor or Released Parties as determined by Sponsor, in its sole discretion, and, in such event may result in disqualification. Noncompliance with any of the foregoing, failure to respond within the designated timeframe, the inability to contact a potential Finalist within a reasonable time period, or any notification being returned as undeliverable may result in disqualification and, at Sponsor's discretion and time permitting, a runner-up being chosen. Finalist status is subject to verification of eligibility and compliance with these Official Rules. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant's email account to receive email messages. Should a potential Finalist decide to decline his/her prize for any reason whatsoever or not respond to the prize notification by the applicable response deadline, Sponsor shall have no further obligation to that potential Finalist and an alternate Finalist may be selected based on the selection process above, if time permits.
Upon verification of eligibility and compliance with these Official Rules, each Finalist will have the opportunity to pitch their Entry ("Pitch") to the Grow Your Biz Panel ("Panel") to be judged on by the Panel on 11/8/18. The Panel will be made up of four (4) judges determined by Sponsor, with representation from Bank of America, in Sponsor's sole discretion, and the Panel will judge each Pitch individually based on the judging criteria as outlined above. Finalists are prohibited from inducing the Panel by fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements and/or using any websites or online forums designed to induce the Panel to judge their Pitch higher or differently than the other Pitches, as defined by Sponsor, in its sole discretion.
All Pitches will take place in the New York, NY area on 11/8/18 and all Pitch details, including, without limitation, the location, time, and duration of the Pitches, will be determined by Sponsor in its sole discretion.
Grand Prize Winner Selection:
At the conclusion of the Presentation Period, the one (1) highest ranked Finalist Pitch with the highest number of votes from the Panel will be determined the Grand Prize winner. Grand Prize winner is subject to verification of eligibility and compliance with these Official Rules. In the event of a tie during the Presentation Period, such tied Finalist Entries will be re-judged (by a separate judge or panel of judges determined by Sponsor in its sole discretion) based on Relevance to both Theme and Expression. If a tie still exists, from among remaining pool of tied Entrants, Entrants with highest score in Creativity and Originality, and then in Overall Appeal and Entertainment Value (if and as necessary to break tie), will be declared the applicable winner (collectively, "tiebreaker"). If there is still a tie, Sponsor will bring in a tie breaking judge to apply the same judging criteria to break the tie and determine the Grand Prize winner.
All Panel vote counting will be conducted at the direction, and in the sole discretion, of the Sponsor. Neither Sponsor, nor anyone acting on its behalf, is required to enter into communications with any Entrant regarding the Contest other than to notify the potential Finalists and/or Grand Prize winner.
Prizes will be awarded to a principal owner of the small business, as submitted in the Entry. If prize award is in conflict with small business policy or not feasible after Sponsor's good faith effort to obtain verifiable small business principal owner contact details, prize will be forfeited and, at Sponsor's discretion and time permitting, a runner-up may be selected.
Four (4) Finalist Prizes: A 3-day/2-night trip for each Finalist and one (1) guest to New York, NY for the Presentation Period on 11/8/18 ("Trip"), a $1,000 Mastercard Prepaid® Card, and consultation with the Panel judges following the Presentation Period. Trip includes round-trip coach air transportation from the major airport nearest winner's residence (selected by Sponsor), one (1) standard double-occupancy hotel accommodation, ground transportation to/from the airport and the applicable hotel, access for two (2) to the Presentation Period (Approximate Retail Value ("ARV") of each Finalist Prize = $5,000).
All Trip details and prize details not specifically set forth herein will be determined by Sponsor in its sole discretion. Attendance and participation during the Presentation Period will not guarantee a Grand Prize winner. If, for any reason whatsoever, Finalist(s) are unable to participate in the Pitch and/or travel after all Pitch-related and Trip-related arrangements have been made, said Finalist(s) will forfeit their Finalist position, Released Parties shall have no further obligation to said Finalist(s) and no runner-up will be selected. Actual value of prize will vary depending on Finalist's city of departure and final travel requirements and activities; any difference in value will not be awarded. Sponsor, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation. Released Parties are not responsible for travel delays or cancellations. If any prize-related activity(s) is canceled or postponed for any reason, before or after Trip arrangements are made, Sponsor reserves the right, in its sole discretion, to award the balance of the prize or to award an alternate prize of equal or greater value in full satisfaction of prize award. If, for any reason whatsoever, Finalist and/or guest are unable to travel or participate in the Trip after all Trip-related travel arrangements have been made, Sponsor shall have no further obligation to Finalist and/or guest and no alternate winner will be selected. Prize and prize elements may not be separated or redeemed for cash. Travel, hotel and Mastercard Prepaid Card restrictions apply. Finalist and guest must travel on the same itinerary, must be 18 years of age or older and are responsible for obtaining and possessing all required valid photo ID and travel documents prior to travel. Trip is subject to supervision and security and other policies designated by Sponsor. Exact details of any activities, including, but not limited to, date, time, location and duration are at Sponsor's sole discretion. Itinerary and program elements are at the discretion of Sponsor and are subject to change. Finalist and guest agree to comply with all applicable venue and/or hotel rules and regulations in connection with the prize. Sponsor and the applicable onsite representatives reserve the right, in their sole discretion, to remove or to deny entry to any Finalist and/or his/her guest who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during Trip or Presentation Period. Failure to do so may result in forfeiture of their Pitch and Finalist and guest will be escorted out of the hotel, venue, and/or any other Trip aspect by Sponsor, the applicable onsite representatives, a Bank of America representative if the venue is at a Bank of America location, or their designated agent(s) for improper conduct and/or violation of federal, state or local laws (including, but not limited to, the unlawful possession, use, or distribution of illicit drugs, unlawful drug paraphernalia, and alcohol) and, in the case of any such infraction, Sponsor will have no further obligation to Finalist, Finalist and his/her guest will forfeit the balance of prize, will forfeit their Pitch and Finalist position in the Contest. Released Parties will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any elements of Trip. All costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes, additional air and ground transportation, food, beverages, souvenirs, gratuities, airline luggage charges, incidentals, upgrades, insurance, service charges and other miscellaneous travel expenses are winner's sole responsibility. Finalist and guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel or other form of insurance. Finalists will be responsible for any/all transportation, parking and/or lodging to/from the consultation(s). The consultation details, including, without limitation, the exact Panel judges/participants, the Panel participation, nature, location, time and duration of the session, will be determined by Sponsor. Consultation(s) can take place individually with each of the judges, for a total of four (4) consultation(s) per Finalist and must be scheduled by 12/31/18 or will be forfeited. Prize details not specifically set forth herein are at Sponsor and Bank of America's sole discretion.
One (1) Contest Grand Prize: $25,000 awarded in the form of a check that must be used towards the operations of Entrants' small business. (ARV of Grand Prize=$25,000).
Prize details not specifically set forth herein are at Sponsor and Bank of America's sole discretion.
Prize winners (including Finalists) will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize(s) they receive, regardless of whether they, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number before the prizes will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received. Unclaimed prizes will be forfeited. Prizes, if legitimately claimed, will be awarded.
TOTAL ARV OF ALL PRIZES: $29,000.
Additional Terms: Except as provided herein, no transfer, assignment, cash redemption or substitution of prize(s) except by Sponsor, at their sole discretion, due to prize unavailability or causes otherwise determined solely by Sponsor and/or Bank of America, and then for a prize of equal or greater value. By participating, Entrants agree: (1) to be bound by these Official Rules; (2) agree that Released Parties, and each of their respective agents, successors, assigns and other designees, shall have the right and permission (unless prohibited by law) to use Entrant's name, business name, voice, city/state of residence, photograph, and/or other likeness for advertising, trade and/or for any other purpose in any media or format now or hereafter known without further compensation, permission or notification and that such use shall not violate the rights of any third parties and shall not violate any applicable federal, state or local laws or ordinances; and (3) Released Parties shall have no liability and Entrant will defend, indemnify and hold harmless Sponsor and the other Released Parties from and against any liability, loss, injury or damage of any kind (including attorneys' fees) to any person or entity, including, without limitation, personal injury, death or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of: (i) Entrant's entry/participation in the Contest, (ii) any materials he or she may submit in connection herewith; (iii) the acceptance, possession, use or misuse of a prize or participation in any activities associated with the Contest or any prize awarded in connection herewith; (iv) the Released Parties' violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (v) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an Entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest and to modify, suspend, and/or terminate this Contest (or portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest and, in the case of termination, at its discretion award prizes in accordance with same judging criteria set forth above (with or without the Panel scores, as determined by Released Parties in its sole discretion) from among all non-suspect Entries received prior to suspect event requiring such modification, termination, or suspension. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in their sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the Entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner. CAUTION: Any attempt to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made; the Released Parties reserves the right to seek damages (including attorneys' fees) and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. Released Parties make no warranty, guaranty or representation of any kind concerning any prize (or any portion thereof), and disclaim any implied warranty. Without limiting the generality of the foregoing, Entrants agree that the Released Parties: (a) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations ("Suppliers") as a part of the prizes provided in connection with the Contest; and (b) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Except where prohibited by law, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweeps or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweeps, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules. The remedy for any claim shall be limited to actual damages, and in no event, shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor's sole and absolute discretion.
Winners List: For the Finalists and winner's name, send a self-addressed, stamped envelope to be received by 1/31/19 to: Mastercard Grow Your Biz Contest Winners, 211 Greenwood Ave. 2-2, Promo 501, Bethel, CT 06801.
Mastercard and Mastercard Prepaid are registered trademarks, and the circles design is a trademark, of Mastercard International Incorporated.
Bank of America and the Bank of America logo are registered trademarks of Bank of America Corporation.
The use of any non-Released Parties' trademarks, service marks, logos, or other marks in connection with this Contest or any prize is not meant by Released Parties to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with Contest advertisements or the Contest.
Sponsor: Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577.
Administrator: teamDigital Promotions, Inc., 6 Berkshire Blvd, Bethel, CT 06801, www.teamDigital.com.