By participating in the 2016 eBay Canada Entrepreneur of the Year Awards (the “Competition”), each entrant agrees to be legally bound by these Official Rules (the “Rules”) and by the decisions and interpretations of the Sponsor (defined below), which are final and binding on all entrants (without right of appeal).
1. Entry Period:
The Competition begins at 12:00:00 AM Eastern Time (ET) on July 27, 2016 and ends at 11:59:59 PM ET on August 24, 2016 (“Entry Period”).
This Competition is open only to legal residents of Canada, who, at the time of entry: (i) have reached the legal age of majority in the province/territory in which they reside; (ii) are registered members of www.ebay.ca or www.ebay.com (collectively, the “eBay Site”); (iii) meet all eligibility criteria in these Rules; (iv) sold on the eBay Site full or part time during the Eligibility Period (defined below); and (v) have eBay accounts in good standing during the entire Entry and Eligibility Periods (each an “Eligible Entrants”, and collectively, “Eligible Entrants”). Eligible Entrants MUST also meet the following criteria: Between April 1, 2016 and July 27, 2016 (“Eligibility Period”) in order to be eligible for the Competition, the Eligible Entrant must have:
3. How To Enter:
No Purchase Necessary. Internet access and valid email and eBay accounts required. Online entry through the Competition Website (as defined below) only; no other means of submission will be accepted. For the purposes of this Competition, an “Entry” and collectively, the “Entries” shall include both an Entry (or Entries, as the case may be) and/or an Essay (or Essays, as the case may be), as each is defined below. To enter the Competition, Eligible Entrants must, during the Entry Period, visit http://eoy.ebaypromotion.ca (the “Competition Website”) and follow these steps:
There are three (3) categories (each a “Category”, and collectively, the “Categories”) in this Competition as follows: (a) Entrepreneur of the Year; (b) Micro-multinational of the Year; and (c) Omni-Channel Entrepreneur. Each Essay received by Sponsor will be considered for all Categories in which the eligibility criteria are met by the Eligible Entrant. The Eligible Entrant’s essay (the “Essay”) must describe, in 500 words or less, (a) why and how the Eligible Entrant started his/her eBay business; and (b) how he/she decided what to sell on eBay; (c) what challenges he/she faced; and (d) how eBay has helped him/her achieve his/her business goals. The Essay may also include descriptions of the size of business and the growth of the business over time (optional). All Essays must conform to the Submission Guidelines (as defined below) in order to be eligible for consideration in this Competition.
Additional details for the Micro-Multinational of the Year Category: The Essay may describe how the Eligible Entrant has achieved success selling beyond Canada’s borders on the eBay platform. The Essay may also describe the business impact of the seller’s export initiatives, what practices have made them a successful seller, and additional details including markets where the seller’s products are most popular and how the seller has overcome specific exporting challenges.
Additional details for the Omni-Channel Entrepreneur Category: The Essay may describe the Eligible Entrant’s strategy in building a thriving business using multiple sales channels, including eBay’s platform. They Essay may also explain the rationale and approach for expanding into each different channel, as well as highlight successes and challenges in building a multi-channel business.
Each Entry must be fully and accurately completed to be eligible. Each Entry must be submitted separately by the Eligible Entrant him or herself. All Entries must comply with the Policies and these Rules or the Entry will be disqualified and ineligible for consideration in this Competition. LIMIT: one (1) Entry per Eligible Entrant. Eligible Entrants may only use one (1) email address and one (1) eBay UserID to enter this Competition. Duplication may result in disqualification. Eligible Entrants should contact the Sponsor at email@example.com if they suspect their UserID has been erroneously used by another Eligible Entrant. Use of automated devices is prohibited; automated Entries (including, but not limited to, Entries submitted using any robot, script, macro, or other automated service or device) are not permitted and may result in disqualification. The sole determinant of time for the purposes of submitting an Entry in this Competition will be the Sponsor’s computer servers. All Entry materials become the property of Sponsor and none will be returned or acknowledged. Proof of transmission (i.e. screenshots or captures etc.) does not constitute proof of successful entry by Eligible Entrant or receipt of Entry by Sponsor.
By entering this Competition, Eligible Entrants agree to: (i) grant to the Sponsor a worldwide, perpetual, irrevocable, royalty-free, non-exclusive sub-licensable license to exercise the copyright, trademark, patent, publicity and any other rights Eligible Entrant has in the Entry (and each component thereof – including, without limitation, the Essay), in any media now known or hereafter devised including, without limitation, the Internet, without further notice or compensation; Sponsor reserves all right, including the right to publish, adapt, display, reproduce, modify, edit or otherwise use the Entry, in whole or in part, for advertising or promoting the Competition or for any other reason in all media (including and without limitation, the Internet) without further notice or compensation, except where prohibited by law; (ii) waives all moral rights in and to his/her Entry in favour of Sponsor and anyone authorized by Sponsor to use the Entry; and (iii) releases and holds harmless the Competition Entities and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Released Parties”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action. For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or remove any Entry, or to request an Eligible Entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason. If such an action is necessary at any time, the Sponsor reserves the right, in its sole and absolute discretion, to disqualify the Eligible Entrant associated with the Entry in question.
Sponsor’s use of the Essay submitted to Sponsor in connection with this Competition will be subject to the terms and conditions of these Rules and the eBay User Agreement available on the eBay Site. Entries must be received by 11:59:59 PM ET on August 24, 2016 in order to be eligible. Sponsor’s decisions are final and binding without right of appeal on all matters relating to this Competition.
4. Submission Guidelines:
Each Essay must adhere to the following specifications:
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES. THE RELEASED PARTIES WILL BEAR NO LEGAL LIABILITY REGARDING THE USE OF YOUR ENTRY OR ANY COMPONENT THEREOF. THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS SUBSEQUENTLY DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT FULLY COMPLIED WITH ANY OF THESE RULES.
5. Judging of Essays and Determination of Eligible Winners:
All eligible Entries will be judged and scored by Sponsor or its designated representative(s) according to the following criteria (“Judging Criteria”), equally weighted:
Final Judging - Phone Interviews
The Judges will contact the two (2) top Eligible Entrants in each Category, after scoring of the Judging Criteria, for a phone interview in order to assess overall ability to communicate. If an Eligible Entrant cannot be reached for an interview within five (5) business days of being contacted, the Judges may, in their sole discretion, contact the Eligible Entrant with the next highest score.
The Eligible Entrant who submitted the one (1) Essay receiving the highest score (as determined by the Sponsor in its sole and absolute discretion) in any given Category, from among all eligible Essays received and considered in each Category, will be the potential winner for that Category. NO ELIGIBLE ENTRANT CAN WIN IN MORE THAN ONE (1) CATEGORY. Becoming a potential winner or winner is subject to validation and verification of eligibility and compliance with these Rules. Chances of winning will depend on a combination of: (i) the total number and caliber of eligible Entries received during the Entry Period; and (ii) the final score of each eligible Entry in each Category as determined by the Judges based on the Judging Criteria. In the event of a tie amongst one or more eligible Entries in the applicable Category, an additional tie-breaking judge will select the top Essay from amongst all such tied Essays to determine one (1) potential winner for that particular Category.
6. Winner Notification:
Potential winners will be determined by September 13, 2016 at 2:00pm ET at the Sponsor’s office located at 500 King St. West, Suite 200, Toronto, Ontario, from among all eligible Entries and following all necessary phone interviews. Sponsor will notify potential winners by telephone and/or email at the telephone and/or email address submitted by the Eligible Entrant at the time of entry. Please check your email and spam filters. Before being declared a winner, selected Eligible Entrants must sign and properly execute a declaration of eligibility, liability waiver, grant of rights and where legal, consent to publicity (collectively, the “Declaration and Release”), and return it within five (5) days of issuance, releasing the Released Parties from any liability in connection with this Competition or the acceptance, possession, use or misuse of any prize. If a selected Eligible Entrant: (a) cannot be reached within the timeframe noted above; (b) fails to provide proof of eligibility (if requested); (c) fails to return the properly executed Declaration and Release within the specified time; (d) cannot accept (or is unwilling to accept) the applicable prize (as awarded) for any reason; and/or (e) is determined to be in violation of these Rules or Policies (all as determined by the Sponsor in its sole and absolute discretion), then he/she will be disqualified and forfeit his/her opportunity to receive any prize and Sponsor, in its sole discretion, may select another Eligible Entrant (who will be subject to disqualification in the same manner) from the remaining eligible Entries in the relevant Category, who received the next highest score. If an Eligible Entrant changes his/her telephone number, email address and/or street address after he/she enters the Competition, it is his/her sole responsibility to notify the Sponsor by emailing firstname.lastname@example.org prior to September 13, 2016.
There are three (3) prizes (each a “Prize”, and collectively, the “Prizes”) available to be won, one (1) per Category, as follows:
Only one (1) Prize per person will be awarded; no Eligible Entrant may win or be awarded a Prize under more than one (1) Category. No prize substitutions or transfer of prizes permitted except at the sole discretion of the Sponsor. All other costs are the responsibility of the individual winners.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE RULES, YOU ACKNOWLEDGE THAT YOU ARE ENTERING THIS COMPETITION ON BEHALF OF THE EBAY BUSINESSES TO WHICH YOU ARE ASSOCIATED AND, WHERE APPLICABLE, SHOULD YOU BE DECLARED A WINNER IN ANY OF THE CATEGORIES OF THIS COMPETITION, THE APPLICABLE PRIZE SHALL BE AWARDED TO THE EBAY BUSINESS OR TO YOU AS A REPRESENTATIVE OF SUCH EBAY BUSINESS AND NOT TO YOU PERSONALLY. FOR GREATER CERTAINTY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOULD YOU NO LONGER BE ASSOCIATED WITH THE SAID EBAY BUSINESS, YOU SHALL HAVE NO CLAIMS WHATSOEVER IN RESPECT OF THE PRIZE.
8. Personal Information:
9. Releases/ Limitations of Liability:
By entering this Competition, the Eligible Entrants agree to accept and abide by the Rules and Policies and to release, indemnify and hold harmless the Released Parties from and against any injuries, losses damages, claims, actions, or any liability of any kind resulting from their participation in the Competition. Released Parties are not responsible for errors in any Competition materials; for mass Entries, automated Entries, Entries submitted by third parties, and any Entries that are lost, misdirected, incomplete, fraudulent, illegible, unidentified, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly for any reason; or for electronic, computer, malfunction or error which prevents access to, or use of, any web site associated with this Competition. Released Parties will not be liable for: a) any incorrect or inaccurate information, whether caused by any equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of Entries in the Competition; b) any error, omission, interruption, deletion, defect or delay in operation of the Competition or any transmission in connection with the Competition; c) any communications line failure, theft, destruction, loss or unauthorized access to, or alteration of, Entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs, or failure of e-mail which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; (e) garbled transmissions or miscommunications; (f) failure of any e-mail or other information to be received, captured or recorded for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) any damage to an Eligible Entrant’s computer or other equipment, system, software or any combination thereof, as a result of their participation in this Competition or from downloading any material from the Competition Website or elsewhere; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; or (i) technical, pictorial, typographical or editorial errors or omissions contained herein.
10. General Conditions:
All decisions of the Sponsor with respect to any aspect of this Competition, including without limitation the eligibility of Entries, are final and binding without right of appeal on all Eligible Entrants in all matters as they relate to this Competition. Entries that have been tampered with or altered are void. If for any reason, in the sole opinion of the Sponsor, the Competition is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Competition is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond their control, the Sponsor reserves the right to cancel, terminate, modify, amend or suspend the Competition or to amend these Rules, in whole or in part, without notice or obligation, subject only to the approval of the Régie des alcools, des courses et des jeux. Should the Competition be terminated or modified prior to the stated expiration date, notice will be posted on http://announcements.ebay.ca/. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors in any materials, including, but not limited to, these Rules. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Competition and/or the Competition Website, violates the Rules or any Policies, or acts with intent to annoy, abuse, threaten or harass any other person. Any attempts to deliberately damage any web site associated with this Competition or to undermine the legitimate operation of this Competition is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek remedies and damages to the fullest extent of the law. Any attempts by an individual to access any web site associated with this Competition via a bot script, automated entry device, or other brute force attack or any other unauthorized means is prohibited. The Competition is subject to all applicable federal, provincial and municipal laws and regulations. Void where prohibited. Sponsor’s failure to enforce any term of these Rules or Policies shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Rules/Policies shall not affect the validity or enforceability of any other provision. If any provision of the Rules/Policies is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. In the event of a dispute as to the identity of the person who submitted any Entry, the authorized account holder of the e-mail address submitted at entry will be deemed to be the Eligible Entrant. The “authorized account holder” is the natural person assigned an e-mail address by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. An entrant may be required to show proof of being the authorized account holder associated with the Entry in Question. ANYONE DETERMINED TO BE IN VIOLATION OF THESE RULES OR POLICIES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME. The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Rules, or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Competition-related materials; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
11. Québec Residents Only:
Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
The Sponsor of this Competition is eBay International A.G., with a registered office at Helvetiastrasse 15/17, CH-3005, Bern Switzerland (the “Sponsor”).
*To be awarded by Sponsor, in its sole and absolute discretion, as cash or as a cheque made payable to the confirmed winner.
Pour obtenir le réglement officiel en français allez à: http://eoy.ebaypromotion.ca/fr/rules.html.