The Valpak Dough to Grow Contest
OFFICIAL CONTEST RULES
NO PURCHASE, PAYMENT OR SUBMISSION TO SALES PRESENTATIONS NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. YOU HAVE NOT YET WON. ALL FEDERAL, STATE/PROVINCIAL, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED BY LAW.
1. SPONSOR: The Valpak Dough to Grow Contest (the "Contest") is sponsored by Valpak Direct Marketing Systems, Inc. ("Valpak") ("Sponsor").
2. ELIGIBILITY: Subject to the additional limitations set forth below, the Contest is open only to individuals who are legal residents of the fifty (50) United States and the District of Columbia or of Canada (excluding Quebec) who are owners or employees of an eligible small business (as further described below), and who have reached the age of majority in their state/province of residence at time of entry. An eligible small business must meet the criteria outlined below:
• Must be a for-profit only organization organized and incorporated (or in the case of a sole proprietor, based in) and carrying on business in the fifty (50) United States, the District of Columbia or Canada (excluding Quebec). Franchise businesses are acceptable;
• Must be wholly owned by individuals who are legal residents of the fifty (50) United States, the District of Columbia or of Canada (excluding Quebec) who have reached the age of majority in their state/province of residence at time of entry (Note: A sole-proprietor may enter the Contest on behalf of his or her small business provided the business meets all eligibility criteria set out in these rules);
• Must have been actively conducting its current business activities for at least one (1) year immediately preceding the start of the Contest;
• Must have a valid employer identification number or taxpayer identification number;
• Must not employ more than one hundred (100) employees (full and/or part time) at any time during the Contest;
• And may not operate in the following business categories: advertising, direct mail, and/or market research.
Contest is not open to employees of Sponsor, Nine One Nine Marketing Company, Inc. or any of their respective parent companies, affiliates, subsidiaries, franchisees and advertising or promotional agencies, or to the immediate family members of, or to any persons domiciled with, any such employees. For purposes of the Contest, "immediate family members" are defined as spouses, children, siblings, parents, grandparents and grandchildren.
In addition, a small business will not be eligible if, among other things, it or any of its owners, directors, officers, management or affiliated organizations:
• are, or have at any time been, under any investigation for fraud, misconduct (financial or otherwise) or other criminal activity;
• promote or suggest, directly or indirectly, the illegal use of firearms/weapons, money remittance, check cashing services, use or sale of any illegal drugs (state/province or federal), prostitution or pornography, violence, or the underage use of alcohol;
• suggest or encourage, directly or indirectly, the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
• disparage or denigrate (in writing or otherwise) any race, age, gender, disability, sexual orientation, ethnicity, religion, political affiliation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition or otherwise discriminates (in an exclusionary way) against any of those groups based solely on being classified as fitting into those groups;
• disparage, denigrate (in writing or otherwise), or act by means of adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, the Sponsor or any Contest applicant;
• participate in the Contest, or otherwise conduct itself, in an unsportsmanlike or inappropriate manner;
• post Prohibited Content (see below); or
• violate any of the terms of these Contest rules.
• Business name*
• Business owner name(s)*
• Business email*
• Business phone number*
• Business entity type (e.g., sole proprietor, partnership, corporation, franchise)*
• Jurisdiction of incorporation or, in the case of a sole proprietor, state/province of its head office*
• Years in business*
• Purpose of business*
• Number of employees*
• An original essay detailing why your small business is particularly deserving of the Dough to Grow Award and how your small business would use the Award (see Essay Requirements below)*
• Photograph (see Photo Eligibility requirements below)
• Company website address
• You may also opt-in to receive advertising information from the Valpak Franchise in your area (Note: opting-in will not improve your chances of winning)
• Such other information requested by Sponsor to verify eligibility in accordance with these Contest Rules.
Your original essay, consisting of your responses to the statements and questions below (answered in a minimum of 500 words but not exceeding 750 words total), will be used in judging Contest entrants. You may include any information you deem relevant. Your original essay may not contain Prohibited Content (see below for guidelines) and should answer the following:
• Tell us about your business: Who uses your products or services? How is your business unique?
• What are some challenges that your business is facing and what is your plan to overcome them?
• What do you want most for your company in the next two years?
• Describe the talent on your team and how they make your business successful.
• How is your business involved with the community you serve?
• What would the Contest award mean to your business and how would you use the funds to grow your business?
Your essay must be truthful and accurate, and must reflect your honest opinions, beliefs, and/or personal experiences. Do not provide any personal information about any other individual without their prior express consent to do so.
Photo Eligibility: As part of your Application, you may upload a photo of your business, your employees, or your product, etc., that meet the criteria outline below:
• Photo must be submitted as a JPG, GIF, or PNG and must not exceed 15MB.
• You must obtain the consent of all individuals pictured (if any) in your photo upload. In addition, your photo (1) cannot depict trademarked apparel; (2) must be suitable for a general audience; (3) cannot contain any nudity, sexually explicit, disparaging, libelous or other inappropriate content (all as determined in the sole discretion of Sponsor); (4) cannot contain any commercial content that promotes any product(s) or service(s) other than your small business; (5) cannot contain any trademarks, copyrighted works or other intellectual property (other than works and intellectual property that you own, or for which you have obtained royalty-free rights for Sponsor to use in connection with this Contest (collectively, "Authorized Assets"). Any elements appearing in your photo or Application must be entirely original, created by you, be in the public domain, or be an Authorized Asset. Use of any materials that are not original to you, not in the public domain, or that are not an Authorized Asset may result in disqualification. Sponsor reserves the right to disqualify any entry that violates the foregoing restrictions, as determined by Sponsor in its sole discretion.
Application entries (including, without limitation, photo uploads) that comply with these Official Rules MAY be posted to the Contest Website as they are received, reviewed, and verified by Sponsor.
All Application information including your essay will be used by the Contest Judges to help determine Dough to Grow Award Winner and may also be disclosed to the public. Do not include any confidential, proprietary, competitive or trade secret information you wish to keep confidential in your entry materials. Content will not be kept confidential even if you designate it as such on your Application. While you may not edit your Application once it has been submitted, you must notify the Sponsor at firstname.lastname@example.org if the content that you provided has changed or is untrue.
Sponsor reserves the right, in its sole discretion to determine eligibility of the small businesses nominated and reserves the right to disqualify an Application at any time for any reason. All content that has been posted on the Contest Website that is later deemed ineligible, may be removed without prior notice. All decisions by Sponsor are final, binding and conclusive.
Maximum one (1) Application entry may be submitted by or on behalf of a small business during the Application and Voting Period.
The use of multiple identities and/or accounts is prohibited, and any attempt to obtain more than the stated number of entries will void that participant’s entries and may result in participant’s and his or her small business’ disqualification. Incomplete, forged, altered, automated, mechanically-reproduced, lost, late, misdirected, garbled or illegible entries, or entries that do not meet any size or formatting requirements specified above, will be disqualified. Sponsor will not be responsible for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent, provided that such person satisfies all other Contest eligibility requirements. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account.
Content Guidelines and Prohibited Content
All entry content must be appropriate for all ages. You represent and warrant that you will not submit any content that contains (a) content not in English; (b) information that violates any obligation of confidentiality; (c) any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; (d) content referencing, facilitating, containing or using, Prohibited Content (as defined below); or (e) content that infringes on the intellectual property rights of a third party. Prohibited Content may be removed from the Contest Website immediately and without notice. "Prohibited Content" includes, but is not limited to, content that, Sponsor, in its sole and absolute discretion, determines violates these Official Contest Rules or any applicable law, as well as content that promotes, suggests or encourages:
• gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
• the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products;
• the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
Or otherwise contains or reflects:
• obscene, indecent, defamatory, libelous, slanderous and/or unlawful content;
• content that infringes upon, or otherwise violates, the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;
• information that is false, misleading, deceptive or fraudulent;
• hate speech, or other discriminatory, disparaging or denigrating content, whether directed at an individual or a group, and whether based upon race, age, gender, disability, sexual orientation, ethnicity, religion, political affiliation, national origin, citizenship, ancestry, marital status, veteran status or mental or physical disability or condition;
• content that disparages, denigrates, or uses adversarial or confrontational tactics to impact a product, service, person, industry, or organization including, but not limited to, Sponsor or entrants in the Contest;
• content that is primarily intended to advance a religious denomination, expand membership or encourage conversion;
• content advancing a particular political party or candidate or supporting lobbying for any particular party or candidate, or expanding or encouraging a membership or a particular political party, candidate or lobbying effort;
• content inconsistent with the Contest Rules; or
• unsportsmanlike conduct.
If you submit an Application entry as AN employee representative on behalf of your small business EMPLOYER, you represent and warrant that you have been authorized by the owner of your small business EmPLOYER to enter this Contest on behalf of his or her small business.
Limit one (1) vote per day per valid email address or Facebook or Twitter account. Use of software or other automated processes to submit multiple votes is prohibited and votes submitted by such means will be disregarded. The use of multiple identities and/or accounts as well as any other attempt to obtain more than the stated number of votes is prohibited. In addition, Sponsor may not count votes submitted by visitors through fraudulent means or in a manner otherwise inconsistent with these Contest Rules, as determined by Sponsor in its sole and absolute discretion. Sponsor will not be responsible for failure to receive votes due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with sender, Sponsor, or Sponsor’s Contest application service provider. Please note that even if a particular small business is shown as the leader at the close of the Application and Voting Period that small business has not yet won. All results are unofficial until verified by Sponsor. On or about December 3, 2012, a maximum of ten (10) small businesses that receive the highest number of votes in excess of 100 votes will be named Finalists upon verification by Sponsor.
You may not entice visitors to vote for your small business by offering any type of consideration, gift, award, or inducement, including merchandise, cash, online currency, discounts, vote trading or anything deemed to have value in exchange for votes.
The count of eligible votes by Sponsor shall be deemed final. Sponsor reserves the right to eliminate or disregard any or all votes cast by visitors in excess of stated limits or otherwise not in accordance with the Contest Rules or any instructions posted on the Contest Website, including any voting instructions.
Sponsor is not responsible for any costs incurred by you or your small business in connection with the Contest.
5. AWARD WINNER SELECTION: At the end of the Application and Voting Period, one (1) small business Application will be selected among the Finalists as the winning Application entry by a committee of judges consisting of employees of Sponsor, Valpak Franchise owners and/or other business executives experienced in growing a business ("Contest Judges").
The Contest Judges will select the winning Application entry based on the following criteria:
• Compelling story of why the funds are needed and/or how they will be allocated – 35%
• Energy, enthusiasm, creativity and passion for your business – 25%
• Quantity of votes – 15%
• Solid business & management team/owner – 15%
• Positive impact on the community and/or team – 10%
The small business entrant with the highest cumulative score will be designated the potential Dough to Grow Award Winner.
Award: One (1) Dough to Grow Award Winner will receive a check for $10,000.000 USD to grow its business. The check will be issued in the name of the small business that is the subject of the winning Application entry. Chances of winning will depend on the number and quality of Applications received.
6. AWARD WINNER NOTIFICATION AND ACCEPTANCE: The award of the prize is subject to verification of eligibility and compliance with these Official Rules. The prize is non-assignable and nontransferable. No substitutions by the winner are allowed. Sponsor reserves the right to substitute a prize of equal or greater value for any reason whatsoever. The small business Dough to Grow Award Winner is solely responsible for payment of all federal, state/provincial and local taxes on the prize value awarded and for any costs incurred in claiming or using that prize and will be issued an IRS Form 1099 based on the prize value. The owner of the small business selected as the Dough to Grow Award Winner (the "Dough to Grow Owner") may waive the right to receive the prize.
On or about December 20, 2012, the Provisional Dough to Grow Owner will be notified by letter, email, or phone in advance of any public announcement. As a condition of receiving the Dough to Grow Award, the Provisional Dough to Grow Owner will be required to provide the Federal Tax ID number (or other relevant number) for his or her small business to Sponsor for tax purposes and/or complete an IRS 1099 tax form (or other applicable forms) in order to claim the Dough to Grow Award on behalf of his or her small business.
The Provisional Dough to Grow Owner will also need to complete and have notarized an affidavit of eligibility, a liability release and, except where prohibited by law, a publicity release, which must be returned via mail or hand delivery within ten (10) business days of date of sender’s notification postmark. Failure of the Provisional Dough to Grow Owner to timely sign, notarize and return any required affidavit and release, or to claim a prize, or comply with any term or condition of these Official Rules, or for his or her small business to comply with any term or condition of these Official Rules, may result in disqualification, the forfeiture of his or her small business’ interest in the prize, and the award of the prize to a substitute Dough to Grow Award Winner based upon the Application entry that received the next highest score according to the judging criteria. Sponsor reserves the right to require additional documentation from the Provisional Dough to Grow Owner to confirm the eligibility of his or her small business to receive the Dough to Grow Award or to conduct additional research or investigation regarding the information submitted in connection with the Application or the Contest, including but not limited to a full background check. Unless prohibited by law, acceptance of a prize constitutes permission for the Sponsor and its respective advertising and promotional agencies to use the Dough to Grow Owner’s name, address (city and state/province) and/or likeness as well as the name, marks and logos of his or her small business for any commercial, publicity or promotional purposes without further notice, compensation, review or approval, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including, without limitation, the Internet.
IN ORDER TO RECEIVE THE DOUGH TO GROW AWARD, THE PROVISIONAL DOUGH TO GROW OWNER MAY BE REQUIRED TO ATTEND A CHECK SIGNING CEREMONY AT THE OFFICES OF HIS OR HER LOCAL VALPAK FRANCHISE (PROVISIONAL DOUGH TO GROW OWNER WILL BE RESPONSIBLE FOR TRANSPORTATION TO AND FROM SUCH CEREMONY). IF THE PROVISIONAL DOUGH TO GROW OWNER IS UNABLE OR UNWILLING TO ATTEND SUCH A CEREMONY, HIS OR HER SMALL BUSINESS MAY BE DISQUALIFIED, IN SPONSOR’S SOLE DISCRETION, AND A SUBSTITUTE PROVISIONAL DOUGH TO GROW AWARD WINNER MAY BE CHOSEN BASED ON THE APPLICATION ENTRY THAT RECEIVED THE NEXT HIGHEST SCORE ACCORDING TO THE JUDGING CRITERIA.
AN OWNER’S SMALL BUSINESS IS NOT A WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT’S AND HIS OR HER SMALL BUSINESS’ ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.
7. TRADEMARKS: In consideration of participating in the Contest, the Sponsor grants the entrant a limited, non-exclusive, non-transferable and revocable license ("Trademark License") solely to use the Contest badges made available by Sponsor, unaltered, to promote his or her Application entry via Facebook and Twitter. You may not use or exploit the Contest badges for any other purpose. The Trademark License does not grant you any right to use or display any of Sponsor’s trademarks, domain names, banners, posters, logos and other branding elements ("Sponsor Marks") for any purpose, except to the extent such Sponsor Marks are embedded in the Contest badges. The Trademark License shall terminate immediately upon notice from Sponsor, or at the end of the Contest, whichever occurs first. Sponsor shall at all times retain all right, title, and interest in and to any Contest badges and/or Sponsor Marks. All rights not expressly granted are reserved by Sponsor.
8. PARTICIPATION: By participating, you agree to be bound by these Official Rules and the decisions of Sponsor and any Contest Judges or administrators appointed by Sponsor, which shall be final and binding in all respects. Entry materials may be used at Sponsor’s sole discretion for any purpose, including validating eligibility, advertising and for marketing purposes. Any person attempting to defraud or in any way tamper with the Contest will be disqualified and may be prosecuted to the full extent of the law.
9. AUTHORIZATION: BY ENTERING THE CONTEST, YOU REPRESENT AND WARRANT THAT (I) YOUR ENTRY IS ORIGINAL, WAS LEGALLY OBTAINED AND CREATED, AND DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR OTHER LEGAL, EQUITABLE, OR MORAL RIGHTS OF ANY THIRD PARTY; (II) YOUR ENTRY IS TRUTHFUL AND REFLECTS YOUR HONEST OPINIONS, BELIEFS, AND/OR PERSONAL EXPERIENCES; (III) YOU HAVE OBTAINED PERMISSION TO SUBMIT YOUR ENTRY FROM EVERYONE NAMED OR DESCRIBED IN YOUR ENTRY, INCLUDING, WITHOUT LIMITATION, THE SMALL BUSINESS OWNER IN EVENT YOU ARE SUBMITTING AN ENTRY ON BEHALF OF YOUR SMALL BUSINESS EMPLOYER, AND YOU CAN MAKE THOSE AUTHORIZATIONS AVAILABLE TO SPONSOR UPON REQUEST; (IV) THE ENTRY YOU ARE SUBMITTING HAS NOT PREVIOUSLY BEEN PUBLISHED OR ACCEPTED FOR PUBLICATION AND IS NOT CURRENTLY UNDER CONSIDERATION FOR PUBLICATION; AND (V) YOU WILL NOT DISSEMINATE OR OTHERWISE SUBMIT YOUR ENTRY TO ANY OTHER ENTITY FOR PUBLICATION.
10. PUBLICITY RELEASE; INDEMNFICATION: BY ENTERING THE CONTEST, YOU AGREE THAT THE CONTEST ENTITIES HAVE THE ABSOLUTE RIGHT AND PERMISSION TO PUBLISH YOUR ENTRY ON THE CONTEST WEBSITE AND TO BROADCAST, PUBLISH, OR OTHERWISE USE YOUR ENTRY AND/OR YOUR SMALL BUSINESS’ NAME, BIOGRAPHICAL INFORMATION, AND MARKS AND LOGOS IN CONNECTION WITH THE CONTEST OR FOR ANY COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSE WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU. BY ENTERING, YOU GRANT THE CONTEST ENTITIES A ROYALTY-FREE AND IRREVOCABLE LICENSE AND RIGHT (BUT NOT THE OBLIGATION) TO TELECAST, BROADCAST, COPY, EDIT, ADAPT, MODIFY, REPRODUCE, PUBLISH, CREATE DERIVATIVE WORKS OF, DISTRIBUTE, USE, OR OTHERWISE PUBLICLY DISPLAY ANY OR ALL OF YOUR ENTRY MATERIALS, OR ANY PORTION THEREOF, IN ANY MANNER OR MEDIUM THROUGHOUT THE WORLD IN PERPETUITY, FOR COMMERCIAL, PUBLICITY, OR PROMOTIONAL PURPOSES, AND TO LICENSE OTHERS TO DO SO, WITHOUT LIMITATION, REVIEW OR APPROVAL, OR COMPENSATION TO YOU.
If Sponsor’s use of your entry materials causes Sponsor to be subject to a claim by any third party, you agree to indemnify, defend and hold harmless the Contest Entities, and all persons acting by, through, under or in concert with them, against any and all damages, costs, judgments and expenses (including reasonable attorneys’ fees) which the Contest Entities (or any one of them) may incur as a result of the use of your entry materials.
11. RELEASE: By participating in the Contest, each participant agrees to fully release, forever discharge and hold harmless Sponsor and its respective parent companies, subsidiaries, affiliates, franchisees, and each such company’s officers, directors, employees, agents, representatives and successors and assigns (collectively, the "Contest Entities") from and against any claims, costs, liabilities, losses, injuries and damages arising out of the Contest, including, but not limited to, any claims for personal injury, death, or damage to or loss of property, loss of enjoyment, or any other harm whatsoever arising out of: (1) participation in the Contest; (2) the quality, receipt, possession, use, or misuse of any prize; or (3) any travel or activity that is related to the Contest or any prize.
12. DISCLAIMERS OF LIABILITY. By entering, participants acknowledge and agree that the Contest Entities will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of prize(s), the theft of prizes or mail, travel to and from or participation in any prize-related activity, participation in the Contest, printing, mailing or distribution errors, or any malfunctions of the telephone network, computer Internet system, computer dating mechanism, computer equipment, software, or any combination thereof, or for any entries that are late (including delayed data transmissions), tampered with, garbled, incomplete, misdirected, lost, forged, illegible, inaudible, mutilated, mechanically duplicated, or otherwise not in compliance with these Official Rules. Contest Entities are not responsible or liable for any injury or damage to any participant’s or third person’s computer and/or its contents, related to or resulting from the Contest. Sponsor reserves the right to terminate, suspend or modify the Contest if, in its sole discretion, it determines that for any reason the Contest is not capable of running as originally planned, or fraud, technical failures, printing, mailing or distribution errors, or any other unanticipated causes or occurrences have compromised the fairness or integrity of the Contest. BY ENTERING, PARTICIPANTS FURTHER ACKNOWLEDGE AND AGREE THAT EVERYTHING REGARDING THIS CONTEST, INCLUDING THE CONTEST WEBSITE AND THE PRIZE, ARE PROVIDED "AS IS" AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CONTEST ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THE PRIZE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR GENERAL USE OR PURPOSE.
Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials or announcements relating to the Contest.
13.WINNER LIST. To request the name and hometown of the Dough to Grow Award Winner (available after January 4, 2013), or a copy of these Official Rules, send a self-addressed, stamped business-size envelope to The Dough to Grow Contest, P.O. Box 13428, St. Petersburg, Florida 33733, Attn: Promotions Department. Indicate whether you are requesting the name of the Dough to Grow Award Winner, or a copy of these Official Rules, or any combination of the foregoing. Residents of Vermont may omit return postage for rules. A list of Finalists will be posted on the Contest Website on or before December 5, 2012.