DailyCandy's "2012 Start Small, Go Big" Contest — Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.
1. ELIGIBILITY:DailyCandy's "2012 Start Small, Go Big" Contest ("Contest") is open only to legal residents of forty-nine (49) states of the United States and the District of Columbia (void in Rhode Island, Puerto Rico, all U.S. territories and possessions and all overseas military installations) who are at least twenty-one (21) years of age or older as of June 25, 2012, with access to the Internet at all times during the Contest Entry Period (as defined below) and Contest Voting Period (as defined below). All employees of DailyCandy, LLC ("Sponsor" or "DailyCandy"), and of Chase Bank USA, National Association ("Chase"), and each of their associated agencies and respective affiliates, parent corporations, subsidiaries, sales representatives, distributors, licensees, prize providers or agents, and all of their respective officers, directors and employees (all of the foregoing, together with Sponsor collectively, "Contest Entities"), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Contest. All applicable federal, state and local laws and regulations apply. Void where prohibited by law. Entry in the Contest constitutes each entrant's full and unconditional acceptance of these "Official Rules."
2. CONTEST DESCRIPTION: This Contest consists of two parts: the Contest Entry Period and the Contest Voting Period (both defined below). During the Contest Entry Period, small business owners may enter on the DailyCandy Start Small, Go Big website (www.dailycandy.com/startsmallgobig) (the "Contest Website") to win the Prize in any one of the following five categories: (1) Health & Beauty, (2) Fashion, (3) Food & Drink, (4) Home, or (5) Digital & Tech (each a "Category"). To enter, each entrant must submit his/her name, business name, industry/category (final Category to be determined by Sponsor in its sole discretion), city, state, email address, phone number, website address, answers to questions posted on the Contest Website and any other information where prompted on the entry form. Entrants must be able to travel on October 8 or October 9, 2012 (as determined by Sponsor) and attend the DailyCandy Academy, a learning session for business owners in New York City, New York ("NYC") on October 9 and 10, 2012. Entries will be judged on the basis of innovative business, entrant's passion for his/her business, entrant's desire to grow his/her business bigger and access knowledge that could help him/her take his/her business to next level, charm of the response, and suitability within the Health &Beauty, Fashion, Food & Drink, Home or Digital & Tech framework, as applicable, and fifteen (15) finalists (each, a "Category Finalist") will be selected by Sponsor, three (3) in each Category. No entrant may be an entrant or Category Finalist in more than one Category. After the fifteen (15) Category Finalists are selected, DailyCandy will review the remaining (non-Category Finalist) entrants and select three (3) additional finalists (each, an "Award Finalist") for "The Most Inventive" award (the "Award") on the basis of exemplifying innovation in the growth of their business and a reinvention or expansion history that aligns with the inventive spirit as established by Contest Entities. After the fifteen (15) Category Finalists and the three (3) Award Finalists are selected they will be posted on the Contest Website, and the Contest Voting Period, open to the public, will begin. The Category Finalists who receive the most votes in their designated Category will be that Category's winner and the Award Finalist that receives the most votes will be the Award winner (each, a "Winner").
3. CONTEST PERIOD: The Contest Entry Period will begin at 12:00 a.m. Eastern Time ("ET") on June 25, 2012, and end at 11:59 p.m. ET on August 3, 2012 (the "Contest Entry Period"). Sponsor's clock shall be the official and determinative clock for the Contest. Sponsor will select fifteen (15) Category Finalists, three (3) in each Category, from entries properly submitted during the Contest Entry Period. From the remaining entries properly submitted during the Contest Entry Period and after selection of the Category Finalists, Sponsor will select three (3) Award Finalists for the Award. Sponsor will post the fifteen (15) Category Finalists and the three (3) Award Finalists on the Contest Website at 12:00 a.m. ET on August 8, 2012. The Contest Voting Period will begin at 12:00 a.m. ET on August 8, 2012 and end at 11:59 p.m. ET on August 24, 2012 ("Contest Voting Period"). Winners will be announced on the Contest Website on September 4, 2012.
4. CONTEST ENTRY INSTRUCTIONS: During the Contest Entry Period, you may submit an entry online ("Online Entry") at http://dailycandy.com/startsmallgobig by submitting the items set forth in section 2 above. Incomplete entries, obscene entries, and entries displaying or containing profanity will be disqualified. Contest entrants must meet all eligibility requirements listed herein to qualify to become a Category Finalist and/or Award Finalist and/or Winner.
5. PUBLICITY: As a condition of entry into the Contest, except where prohibited by law, each entrant by entering and each potential Category Finalist and/or Award Finalist and/or Winner by becoming a Category Finalist and/or Award Finalist and/or Winner and/or accepting a Prize (defined below) grants to Sponsor and Chase and each of their affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the Contest entrant's name, likeness, city, state, biographical material, and business name, images and information (collectively, "Licensed Rights") in any media now known or hereafter devised throughout the world in perpetuity for advertising and publicity purposes, without additional review, compensation, permission or approval. Additionally, entrants by entering acknowledge and agree that a member of the media may be on the telephone when entrant is called by Sponsor to be notified he/she is a potential Category Finalist or Award Finalist or Winner, and hereby grants as part of the Licensed Rights the contents of such telephone conversation. Winners also agree to participate in video, online and print interviews, features and additional activities related to the DailyCandy Academy (possibly including but not limited to selling Winner's products through online shops who partner with DailyCandy, subject to Winner's prior approval) with Sponsor, Sponsor's partners, Chase, Contest sponsors or advertisers, MSNBC and/or other media outlets as designated by Sponsor and hereby include the results and content of such participation(s) as part of the Licensed Rights granted by them herein.
6. SELECTION OF CONTEST FINALISTS: Sponsor will review all eligible entries and after the Contest Entry Period has closed will select fifteen (15) Category Finalists based on the criteria set forth in paragraph 2 above, three (3) Category Finalists in each of the five (5) Categories (Health & Beauty, Fashion, Food & Drink, Home and Digital & Tech). From the remaining eligible entries and after Category Finalists have been selected, Sponsor will select three (3) Award Finalists for the Award based on criteria set forth in paragraph 2 above. Potential Category Finalists and potential Award Finalists will be contacted to verify eligibility and availability, and will be required to execute an Affidavit of Eligibility/Liability/Publicity Release and must be available to attend the DailyCandy Academy event in NYC on October 9 and 10, 2012, and must be available to travel to NYC on or about October 8 or October 9, 2012 (as determined by Sponsor).
7. SELECTION OF CONTEST WINNERS: One (1) potential Winner will be selected in each Category from among such Category's three (3) Category Finalists and one (1) potential Winner will be selected for the Award from among the three (3) Award Finalists, based on votes cast during the Contest Voting Period. Website users may visit http://dailycandy.com/startsmallgobig and vote once per day per email address during the Voting Period. The votes will be tallied and five (5) potential Category Winners and one (1) potential Award Winner will be selected and notified via e-mail or phone by August 27, 2012. The Winners will be posted on the DailyCandy website on September 4, 2012.
The Sponsor is the judge of the Contest, whose decisions on all matters relating to the Contest shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate Winner may result from any of the following: (1) potential Winner's failure to timely respond to notification; (2) the return of an email notification as undeliverable; (3) potential Winner's failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) potential Winner's failure to timely execute and return an Affidavit of Eligibility/Liability/Publicity Release; (5) potential Winner's change in availability to be in NYC on October 9 and 10, 2012 or failure to complete travel and appearances as specified herein; and (6) any other non-compliance with the Official Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate Winner.
8. PRIZES: Five (5) Category Prizes and one (1) Award Prize will be awarded in this Contest, each with a total Approximate Retail Value ("ARV") of four thousand dollars ($4,000.00 (USD)). The five (5) Category Winners and the one (1) Award Winner will each receive: two (2) round trip economy air tickets to NYC (for Winner and a guest) on an airline of Sponsor's choice (ARV $2,000) (If Winner(s) live within 150 miles of NYC, ground or train transportation will be provided at Sponsor's discretion, and Winner will not be awarded any difference in ARV); a two (2) or three (3) night hotel stay (depending on travel dates as determined by Sponsor) in a standard room in a NYC hotel of Sponsor's choice for Winner and a guest (ARV $1,000-$1,500); ground transportation as needed between airport of arrival in NYC and hotel, and between hotel and DailyCandy Academy and party and certain meals as determined by Sponsor(ARV $1,000); attendance by Winner at the DailyCandy Academy on October 9 and 10, 2012; entrance for Winner and guest to a DailyCandy party the night of October 10, 2012; and a DailyCandy Dedicated email featuring Winner's business, to be sent to subscribers in one of DailyCandy's local markets, as determined by Winner and Sponsor.
If a Winner elects to partake in any or all portions of the Prize without a guest, those portions of the Prize will be awarded to that Winner without the guest portions, and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation. All Prize-related expenses not specifically mentioned herein are not included and are solely the Winner's responsibility, including but not limited to: round trip transportation between the Winner's residence and any airport of origin, travel insurance, taxes, food, beverages, parking fees, gratuities, laundry service, merchandise, souvenirs, telephone calls, ground transportation at destination, and meals. Each Winner must travel together on the same itinerary as his/her guest. Winner and guest will be required to execute and return a Release of Liability form prior to ticketing. Guest must be 18 or older unless the Winner is his/her parent/legal guardian. If the guest is under 21 years old, he or she cannot attend the DailyCandy party on October 10, 2012, and Winner will forfeit that portion of the Prize and will not receive further or alternative compensation. ARV of Prize may vary depending upon the points of departure, ground transportation, and/or airline fare fluctuations; any difference between stated ARV and final ARV of Prize will not be awarded.
Prize is not redeemable for cash except as required by law and is not transferable, except to a surviving spouse residing in the same household. No substitutions allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. The Prize will be awarded provided it is validly claimed by September 4, 2012, after which no alternate Winner will be selected, nor unclaimed prize awarded. All taxes, if any, are the responsibility of each Winner, and an IRS Form 1099 will be issued in the name of each Winner for the actual value of the Prize received.
9. GENERAL RULES: By entering or participating in the Contest, participants agree to be bound by these Official Rules, the terms and conditions of the Sponsor's website and the Contest Website, and by the decisions of Sponsor, which are final and binding in all respects. By entering the Contest, entrants waive the right to claim any ambiguity or error in these Official Rules or in the Contest itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest. Contest Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Contest; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Contest, the processing of entries, or the selection or notification of Winners. Further, if, for any reason, the Contest is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest (or portion thereof). In the event of such cancellation, termination, modification or suspension, Sponsor will select a prize Winner from all eligible, non-suspect entries received prior to such action. Sponsor also reserves the right at its sole discretion to disqualify the Entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any website operated by the Contest Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Contest Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; participation in this Contest or in any activity or travel related thereto or from any interaction with, or downloading of, computer Contest information. Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with this Contest.
10. PARTICIPANT OBLIGATIONS:By entering, each entrant and participant agrees to defend, indemnify, release and hold harmless Contest Entities from and against any and all losses, demands, damages, rights, claims, injuries, actions and liabilities of any kind arising out of or related to (i) participation in the Contest or (ii) participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Winners assume all liability for any injury, death, or damage caused, or allegedly caused, in whole or in part, by participating in this Contest or use or redemption of any prize. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of New York without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of New York.
Sponsor's failure to enforce any term of these rules shall not constitute a waiver of that provision. In any cause of action, the Contest Entities' liability will be limited to Two Hundred and Fifty Dollars ($250.00), and in no event shall the Contest Entities be liable for attorneys' fees and/or experts' fees and costs. By participating in the Contest, each entrant waives the right to claim any additional damages whatsoever, including, but not limited to, punitive, consequential, incidental or indirect damages.
12. OFFICIAL RULES/WINNERS' LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the Winner, send a self-addressed stamped envelope to: DailyCandy's "Start Small, Go Big" Contest Official Rules/Winner List Request, 584 Broadway, Suite 201, New York, NY 10012. Requests for Winners' lists must be received no later than three months after the end of the Contest. VT residents may omit return postage.
13. SPONSOR: DailyCandy, LLC, 584 Broadway, Suite 201, New York, NY 10012.