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Alibaba.com, in Partnership with Inc. Please note that a 13th Finalist has been added to the online voting for the San Francisco Finale Event. Please also note that the start of the voting period has been postponed until 12:00:01AM ET Wednesday October 28, 2009. 1. Competition Dates: The Alibaba.com "Newpreneur of the Year Contest" ("Contest") begins June 2, 2009 at 12:00:01 AM Eastern Time ("ET"), and ends November 18, 2009 at 11:59:59 PM ET ("Contest Period"). During the Contest Period there are a series of events which start and end on or about the dates and times noted below:
Note: All dates/times are 2009/Eastern 2. Contest Entities: Alibaba.com, Inc., 3945 Freedom Circle, Suite 600, Santa Clara, CA 95054 ("Sponsor"), Mansueto Ventures, d.b.a. Inc. Magazine, 7 World Trade Center, 29th Floor, New York NY 10007 ("Inc"). Administrator: Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030 ("Administrator"). Sponsor, Inc, and Administrator are collectively referred to as the "Contest Entities". 3. Eligibility: Contest is open only to persons who, as of date of entry, are legal residents of one of the fifty (50) United States or the District of Columbia, are at least 18 years or older (or the age of majority in their state of residence if greater than 18) and who are/become registered members (each a "Registered Member") of http://www.alibaba.com on or before August 14, 2009 and remain members in good standing until November 18, 2009 (including all mirror or derivative sites, and all replacements or successor versions thereof) ("Alibaba Site"). This Contest is void in Puerto Rico, all U.S. territories and possessions, outside of the 50 United States or the District of Columbia, and where prohibited by law. This contest is open to both "start-up" and established businesses. In addition to the criteria listed above, if an entrant is the owner of an established business, to be eligible for this contest the entrant must satisfy the definition both of "Owner" and "Eligible Business*" as listed below:
*NOTE: In addition to the "Eligible Business" requirements listed above, each entrant's business must be in accordance with the Alibaba.com Product Listing Policy posted at: http://www.alibaba.com/trade/servlet/page/help/rules_and_policies/products_listing_policy#1 Employees, officers, directors, shareholders, franchisees, franchisees' employee, and the immediate family members of the Contest Entities and their respective parents, affiliated and subsidiary companies, advertising and promotion agencies, legal and financial advisors, or affiliate of any of the foregoing (An "affiliate" is any person or entity which directly, or indirectly through one (1) of more intermediaries, controls, is controlled by, or is under common control with the Entrant's Business.) are not eligible to enter. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandmothers, or grandfathers. To become a Registered Member of the Alibaba Site, you must register for an account and agree to the Alibaba Site's "Terms of Use" set forth at www.alibaba.com/trade/servlet/page/help/rules_and_policies/term_of_use ("Terms of Use"). There is no fee or charge to become a Registered Member. 4. Round 1 - How To Enter: To enter the Contest, go to www.inc.com/newpreneur during the Entry Period and: 1) complete the registration form by providing all requested information; registration forms must be complete to be eligible; and 2) in the space provided on the registration form, submit an original essay explaining why you should be recognized as the most outstanding start-up business owner of 2009. Your essay must in part (a) describe what your business is and why and how you started your business, (b) illustrate how you have used the economic recession as a catalyst to start your business or develop your idea(s); and (c) describe how you will use Alibaba.com and the Newpreneur of the Year grand prize business grant to grow your business (Collectively the "Essay"). Essay cannot be less than 250 and not more than 500 words. There is a limit of one (1) entry per person. In addition to the entry requirements outlined above, each entrant must also select the one (1) geographic region from the list below in which he/she wishes to compete: Region 1: New York (Northeast) Note: An entrant may submit their entry into any one (1) of the six (6) geographic regions above, however only one entry is allowed per registered user, regardless of region selected. Entrants are not required to reside within their selected region. Entrants who are selected as Semifinalists will be required to attend, at their own expense, a Local Market Event in the region they have selected. See Section 7 in these Official Rules for more details. Entries may only be submitted online. By entering this Contest, winners agree to grant the Sponsor, its agents, subsidiaries, and affiliates an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights and any other rights entrant has in the Entry, in any media now known or hereafter devised (including without limitation, the Internet), for advertising and promotional purposes without additional compensation, except where prohibited by law. Furthermore, each entrant agrees to waive his/her moral rights to the Essay and sign an agreement to this affect. Each entrant hereby represents and warrants that he/she is the original author of his/her Essay and the Essay will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Sponsor's use of information submitted to Sponsor in connection with this Contest will be subject to the terms and conditions of these Official Rules and the Alibaba User Agreement available on the Alibaba Site. Entries must be received by 11:59:59 PM ET on August 14, 2009 in order to be eligible. "Entry (ies)", as that term is used herein, shall mean the Essay and information provided by entrants to Sponsor and/or Marden-Kane in connection with the Contest. The Sponsor's decisions are final on all matters relating to this Contest. Use of the Alibaba Site and all other international Alibaba websites is subject to the Alibaba User Agreement and Privacy Policy available on the Alibaba Site and such international Alibaba websites. 5. Judging to Determine Semifinalists: At the conclusion of the Submission Period, all eligible Submissions received at Contest site will be judged by a panel of judges assembled by the Sponsor ("Panel"). The Panel will score each Eligible Submission based on the following judging criteria:
Based on the Panel's scores, the Top Five (5) Entries per region are defined as "Potential Semifinalists". The next two (2) highest scoring Entries per region are defined as "Potential Alternates". There will be up to 30 Potential Semifinalists and 12 Potential Alternates total. In the event of a tie, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria, will break the tie. The judges' decisions are final and binding in all matters relating to this contest. All entries are subject to verification of eligibility and compliance with these Official Rules. 6. Notification of Potential Semifinalists and Alternates: The Top 5 Potential Semifinalists and 2 Potential Alternates, per Region, (30 Potential Finalists and 12 Potential Alternates total) will be notified by mail, phone, or e-mail on or about August 31, 2009 and will be required to sign and properly execute the following documents and return them via e-mail or facsimile (and subsequently by mail per instructions to be provided) to Administrator (Marden-Kane, Inc.) by 3PM ET September 15, 2009: (1) a Personal Release; (2) an Affidavit of Eligibility and Liability Waiver; (3) where lawful, a Publicity Release. If any documents sent by any means to a Potential Semifinalist are returned as undeliverable or if a Potential Semifinalist fails to properly execute and return all documents described herein in the time noted, or if a Potential Semifinalist is found not to be eligible or not in compliance with these Official Rules, the Terms of Use, and/or the Alibaba Code of Conduct, the Potential Semifinalist will be disqualified and, at the sole discretion of the Sponsor, the next highest scoring Entry will move up and be notified, time permitting. 7. Round 2 - Local Market Events: At the conclusion of the Sponsor Judging Period set forth in Section 1 above, the Top 5 Semifinalists per region that have been cleared per Section 6, if any, will be required to participate in a Local Market Event ("Event") for the region selected by the Semifinalist at time of entry*. At the Event, each Semifinalist will make a presentation to the Sponsor Judging Panel and the Event audience. Each Semifinalist presentation will be critically evaluated by the Sponsor Judging Panel and the Event audience, based on the judging criteria outlined in Section 5. At the conclusion of each Event, based on the score of the Sponsor Judging Panel, two (2) Semifinalists, per region, will be selected as Finalists for Round 3 Public Voting.
8. Round 3 - Public Voting: At the commencement of the Public Voting Period set forth in Section 1 above, the Finalist Entries, if any, will be posted for public voting on the Contest Website. Each day during the Public Voting Period, one person may vote for a maximum of 5 different Finalists, per day. Persons voting will be encouraged to use the Judging Criteria in Section 5 to critically evaluate Entries. Subsequent votes in excess of stated maximum per voting day by a single registered member will be disqualified. 9. Determining Prize Winners: At the end of the Public Voting Period set forth in Section 1 above, the Final Public Vote count will be recorded. Upon verification of the results from the Public Vote, the Final Public Vote count will determine the five (5) Prize Winners. In the event of a tie for determining a Prize Winner, all tied entries will be re-judged by an additional judge selected by Sponsor, who, using the judging criteria will break the tie. The judges' decisions are final and binding in all matters relating to this Contest. Designation as a Finalist and/or the Prize Winner is subject to Registered User's proof of compliance with these Official Rules, maintaining compliance with these Official Rules and Alibaba.com membership, and approval by Sponsor. Entrants acknowledge that other entrants may have created ideas and concepts contained in their Entry that may have familiarities or similarities to his/her 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. The Judges' and Sponsor's decisions are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. 10. Notification of Prize Winners: All Prize Winners will be notified by mail, telephone, and/or email, in Administrator's sole discretion, on or about November 10, 2009. Prize Winners will be required to sign and properly execute a Travel Release and W9 Tax Form and return it via facsimile or email (and subsequently by mail) to Administrator within 48 hours of attempted notification. If any documents sent to a Prize Winner by any means are returned as undeliverable, or if a Prize Winner fails to properly execute and return all documents described herein in the time noted, or if a Prize Winner is found not to be eligible or not in compliance with these Official Rules, the Prize Winner will be disqualified and the Sponsor will determine who will be selected as the alternate Prize Winner based on the next highest scoring entry as determined by Sponsor. No more than one (1) Grand Prize will be awarded. Except where prohibited by law, all entrants agree that Sponsor may announce the name, home city, and state of Prize Winners online. In the event that a Prize Winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant based on the judging criteria detailed above even if the disqualified Prize Winner's name or Entry has been shown or announced online. 11. Finale Event Winner Announcement: The Grand Prize and Secondary Prize Winners will be announced at a Finale Event scheduled to be held in San Francisco, CA on November 18, 2009 ("Finale Event"). All Winners must attend Finale Event to remain eligible for the prizes listed below. All Winners agree that if any selected Winner cannot attend the Finale Event, the Winner's prize will be forfeited. At the Finale Event, each Prize Winner will make a presentation to the Sponsor Judging Panel and the Event audience. Each Prize Winner presentation will be critically evaluated by the Sponsor Judging Panel and the Event audience, based on the judging criteria outlined in Section 5. At the conclusion of the Finale Event, based on the score of the Sponsor Judging Panel, the Grand Prize Winner and Secondary Prize Winners will be announced. 12. Prizes: One (1) Grand Prize: A Business Grant of $50,000 USD. One (1) Second Prize: A Business Grant of $25,000 USD. One (1) Third Prize: A Business Grant of $15,000 USD. Two (2) Fourth Prizes: each a Business Grant of $5,000 USD. All Business Grants will be paid in one installment to the Prize Winners on/about December 18, 2009; Total ARV of Business Grant prizes: $100,000 USD. Six to nine months following disbursement of Business Grants the Contest Entities may contact one or more winners to document how their Business Grant has advanced their business or business idea recognized as a prize winner in this contest. The resulting winner profile or "case study" may appear in Inc. magazine in the latter half of 2010. In addition, each Prize Winner will receive a trip for the Winner and a guest to San Francisco, CA for the Finale Event on November 18, 2009. Trip consists of a 3-Day/2-Night trip to San Francisco, CA ("Finale Event City") and attendance at the Finale Event for the Winner and one guest. Prize includes round-trip coach air transportation for Winner and guest to Finale Event City from a single major U.S. airport nearest Winner's home (Finale Event City and departure airport determined solely by Sponsor), double occupancy standard hotel accommodations for two (2) nights, admission for Winner and guest to the Finale Event on/about Wednesday, November 18, 2009, and ground transfers in Finale Event City from hotel to Finale Event. Trip destination and dates of travel are at the sole discretion of Sponsor. Winners may receive less than seven (7) days notice prior to trip departure. If any Winner resides within a 100 mile radius of Finale Event City, ground transportation may be provided for the Winner and guest in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Estimated retail value of each Finale Event Trip is $3,500. Total ARV of Finale Trip Prizes: $17,500. All other expenses relating to acceptance of a Prize ("Prize" or "Prizes") that are not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages and gratuities are responsibility of Prize winners and guests. Each Winner's travel must be completed on dates/time limits specified by Sponsor or Prize will be forfeited. Specifics of travel packages are subject to availability and at Sponsor's sole discretion. Complete terms and conditions of trip will be furnished with Prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Reservations are subject to availability. Travel restrictions, conditions of travel and blackout dates may apply. Travel Prizes may not be combined with any other offer and travel may not qualify for frequent flier miles. Prize Winner and guest must travel on the same itinerary and are responsible for obtaining all required travel documents (e.g. acceptable photo ID) where applicable. Failure of Prize Winners and/or guests to obtain proper travel documentation may result in cancellation and loss of travel prize. Guests of Prize Winners must be at least eighteen 18 years of age or must have reached the age of majority in his or her state of residence as of date of travel (unless the guest is the child of the Winner) and must complete, execute, and return a Travel Guest Liability Release, and where lawful, a Travel Guest Publicity Release (collectively, the "Travel Guest Release Forms") prior to issuance of travel documents. Failure to return Travel Guest Release Forms in a timely manner may prevent travel guest from participating in the trip. Sponsor and/or Administrator and/or any other relevant party, reserves the right to remove or to deny entry to any Prize Winner and/or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Finale Event. All details of Prizes not specified herein shall be determined solely by Sponsor. Prizes are non-transferable; no substitutions or cash equivalents allowed, except at the discretion of the Sponsor in which case a prize of equal or greater value will be awarded. Taxes are the responsibility of the Prize Winners. Total estimated retail value of all prizes is $117,500. Actual value may vary based on place of departure and dates of travel. All costs and expenses relating to acceptance and use of prize, which are not explicitly listed herein as being awarded, are responsibility of Prize Winners. All details of any prize not specified herein shall be determined solely by Sponsor. 13. Limitation of Liability: By participating in the Contest, entrants agree to abide by the terms of these Official Rules and the decisions of the judges and release, indemnify, and hold harmless the Sponsor and Marden-Kane, Inc. and each of their affiliates, subsidiaries and their respective agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from or arising from participation in the Contest or acceptance of the prize that may be awarded. Entrants agree that this Contest is governed, interpreted and enforced by the laws of the State of New York, without regard to its conflict of laws principles. Any and all legal actions, claims or proceedings arising out of, or in connection with this Contest must be brought in a court of competent jurisdiction in the State of New York. The Entrant and all persons making claim through or on account of Entrant, hereby agrees to and irrevocably consents to the venue of the applicable state or federal courts sitting in New York and submits to the jurisdiction of said courts. Releasees are not responsible for printing or typographical errors in any Contest-related materials; or for transactions that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly, or are lost for any reason including computer, telephone, paper transfer, mail system, human or other error; or for electronic, computer, or telephonic malfunction or error, access any website associated with this Contest, or process any transaction thereon. Sponsor reserves the right, in its sole discretion to disqualify any Entry and to modify, terminate, or suspend this Contest should virus, bugs, non-authorized human intervention, action of entrants, or other causes corrupt or impair the administration, security, fairness, or proper play of the Contest and, if the Contest is modified, terminated, or suspended, select winners from those eligible, non-suspect entries received prior to event requiring such modification, termination, or suspension. Should the Contest be terminated or modified prior to the stated expiration date, notice will be posted on www.inc.com/newpreneur. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any website associated with this Contest via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited. 14. Acknowledgment by Entrants: EACH ENTRANT ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF THE SPONSOR AND PUBLIC VOTING, WARRANTS THAT HE/SHE IS ELIGIBLE TO PARTICIPATE IN THIS CONTEST, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND EACH OF THEIR PARENT COMPANIES, DIVISIONS, SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, OR MISUSE OF ANY PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS' BREACH OR ALLEGED BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CONTEST, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, THE CONTEST ENTITIES AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. 15. Winners List: For the complete list of Prize Winners, visit Alibaba.com's Newpreneur of the Year Contest Awards Winner's Page on or about November 18, 2009 at www.inc.com/newpreneur. © 2009 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc. |
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