WE WANT TO HEAR YOUR STORY
The OnDeck ONWARD Denver Challenge is all about finding awesome local businesses and sharing their stories.
HOW IT WORKS
YOU SHOULD APPLY IF:
Please email firstname.lastname@example.org.
OnDeck's ONWARD Denver Contest Official Rules ("Official Rules")
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING THIS CONTEST, EACH ENTRANT ACCEPTS AND AGREES TO BE BOUND BY THESE OFFICIAL RULES. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AS SET FORTH BELOW.
The object of the OnDeck's ONWARD Denver Challenge (the “Contest”) is to submit an original short essay describing why your Small Business (as defined below) deserves to be awarded the Prize (as defined below) based upon the criteria set forth in the Judging section below. Judges will select the three winning Submissions (as defined below) in accordance with these Official Rules and based upon criteria set forth in the Judging section below.
The Contest is open only to businesses (each a “Small Business”) that, at the time of entry, (a) are located in the State of Colorado, (b) have a valid e-mail address, (c) do not operate, either directly or indirectly, in any restricted industry listed at https://www.ondeck.com/restricted-industries/, (d) are currently active, lawful, and have all necessary and required licenses, permits, authorizations and registrations, and (e) have been in business for at least one (1) year. An owner or an employee who has express permission from an owner and is at least eighteen (18) years old (or the age of majority in his/her state of residence) may submit the Submission and other entry materials on behalf of the Small Business; however, the Small Business is the entrant for purposes of these Official Rules.
Employees, officers and directors, including immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and members of the same household, whether or not related, of On Deck Capital, Inc. (“OnDeck” or “Sponsor”) or of any Judge and each of their respective affiliated companies, subsidiaries, licensees, publicists, and any and all other companies associated with administering the Contest are not eligible to participate in the Contest or win a Prize. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void outside the states and districts listed above and where otherwise prohibited or restricted by any law, rule or regulation.
The Contest entry period begins on March 7, 2019, at 12:01 a.m. Eastern Time (“ET”) and ends on April 3, 2019, at 11:59 p.m. ET (the “Entry Period”).
HOW TO ENTER
To enter, eligible entrants can visit https://www.facebook.com/OnDeckCapital/ or the contest landing page https://onward.pgtb.me/LBg5fM during the Entry Period in order to access the online entry form for the Contest. To enter, eligible entrants must first read, consent and agree to be bound by these Official Rules during the Contest entry process. Eligible entrants must (unless otherwise marked as optional) complete and submit their complete name, business name, address, city, state, postal code, telephone number (optional), valid e-mail address, date of birth, length of time in business, business website and social media information (optional), if any, an image (optional) and an original essay (“Submission”) pursuant to the Submission Requirements (set forth below) and the Content Restrictions (set forth below).
By fully completing and submitting all required information, including the Submission, the Small Business will be automatically entered in the Contest and will be deemed to be a “Participant.” Participants may be given the option to receive marketing communications (including commercial e-mails) from OnDeck; however, eligibility to participate in the Contest and/or receive a Prize is not dependent upon Participant’s consent to receive such communications and consenting to receive any such communications will not impact a Participant's chance of winning.
Participants must upload their Submissions as directed through the Contest entry process described above during the Entry Period. Submissions must be in English and must not exceed two thousand (2,000) characters in length and must answer the question “What do you love about being a Denver small business owner?”
Online entry only. No other method of entry will be accepted. Participants are solely responsible for any Internet connectivity, software and/or hardware that may be required in order to create and/or submit any Submission.
In the event of a dispute regarding any Submission, the authorized account holder of the email address used to register will be deemed to be the Participant who is authorized to act on behalf of the Small Business. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential finalist may be required to show proof of being an authorized account holder upon request.
A panel of three (3) impartial and qualified judges selected by Sponsor in its sole and absolute discretion (the “Judges”) will review all Submissions submitted by eligible Small Businesses and will select the three (3) finalists that receive the highest scores based on a scale of 1 to 10 for each of the following equally weighed judging criteria: (1) the Small Business, its owner, and the Submission presented a compelling, unique, focused and practical response on what the owner loves about owning the Small Business, (2) the Small Business, its owner, and the Submission demonstrated a passion to grow the Small Business, and (3) the social media presence of the Small Business on Facebook and Twitter is strong. In the event of a tie, the Small Business’ total combined number of Facebook “Likes” and Twitter followers at the time of entry will be used as the tiebreaker.
Three (3) Prizes to be awarded. Three (3) Winners will receive: (a) for the Winner in first place, $10,000 USD; (b) for the Winner in second place, $5,000 USD; and (c) for the Winner in third place, $3,000 USD, in each case fulfilled as a check or wire transfer payment, in Sponsor’s sole discretion, from Sponsor to the applicable Winner’s Small Business.
The Winner’s Event will be held on or about April 24, 2019 at such time and location in New York, New York as may be determined in the sole and absolute discretion of Sponsor, and may be subject to change. TRANSPORTATION, ACCOMMODATION, LODGING, TRAVEL AGENT SERVICES, MEALS, INCIDENTALS, GRATUITIES, TARIFFS, DUTIES, SECURITY FEES, TAXES AND OTHER EXPENSES ARE THE RESPONSIBILITY SOLELY OF THE WINNER. A Winner that is unable to attend the Winners’ Event in New York may, at Sponsor’s sole and absolute discretion, participate in the Winners’ Event remotely using an audio or video communication service selected by Sponsor in its sole and absolute discretion. Each Prize is subject to the Prize Conditions set forth below.
The three Submissions with the highest scores as determined by the Judges in their sole and absolute discretion pursuant to the judging criteria set forth above will be deemed the finalist Submissions (each, a “Finalist Submission”). Sponsor will notify the authorized account holder for each Finalist Submission by e-mail and/or telephone and may (in Sponsor’s sole and absolute discretion) confirm by postal mail, return receipt requested (the “Prize Notification”). In the event that the authorized account holder for the Finalist Submission does not respond to such Prize Notification within forty-eight (48) hours of the initial notification (or attempted notification) or otherwise declines the Prize for any reason, a disqualification will result, the Prize will be forfeited and, at Sponsor's sole and absolute discretion and time permitting, an alternate Finalist Submission may be chosen from among all remaining eligible Submissions pursuant to the judging criteria set forth herein.
Upon Prize Notification, and in order to be considered to move forward in the Contest, each Finalist Submission will be required to unless prohibited by law: (a) agree to not disclose their status as a Finalist Submission, (b) submit his/her valid social security number and a copy of other identification to Sponsor (for purposes of Sponsor completing a confidential background and reputational check), (c) execute, have notarized and return an Affidavit of Eligibility and Release of Liability to be provided by Sponsor, (d) complete and return a short questionnaire about their Small Business (including any information required for payment of the Prize), and (e) otherwise provide such information as reasonably requested by Sponsor to confirm their eligibility and compliance with these Official Rules. Finalist Submissions must return the requested documentation within seven (7) days of the Prize Notification. Failure to respond with the completed documentation within the required timeframe or failure to agree to and comply with the terms set forth in clauses (a) – (e) above may result in disqualification, the Prize being forfeited and, at Sponsor's sole and absolute discretion and time permitting, an alternate Finalist Submission being chosen from among all remaining eligible Submissions pursuant to the judging criteria set forth herein.
Sponsor will determine and declare the official winners of the Contest (each, a “Winner”) based on the scores from judging in combination with verification that the Winner meets all conditions and eligibility requirements set forth herein, including the execution and delivery of all necessary releases and documentation described in this Notification section. A FINALIST SUBMISSION IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL THE PARTICIPANT’S ELIGIBILITY HAS BEEN VERIFIED AND THE PARTICIPANT HAS BEEN NOTIFIED BY SPONSOR THAT VERIFICATION IS COMPLETE. All decisions made by Judges and the Sponsor are at the Judges’ and Sponsor’s complete discretion and are final.
Winners must comply with all terms and conditions of these Official Rules. Receiving a Prize is contingent upon compliance with these Official Rules. Proof of U.S. residency, age, and identity are required to claim a Prize. Failure to submit any identification required by Sponsor or to return any required documents within the specified time period of time; the return of such documents, the Prize (or any portion thereof) or Prize Notification as undeliverable; or noncompliance with these Official Rules may result in disqualification, Prize forfeiture and, at Sponsor's sole and absolute discretion and time permitting, may cause an alternate potential winner to be chosen from among all remaining eligible Submissions.
The Prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute discretion. Sponsor reserves the right to substitute the Prize (or any portion thereof) with a prize of comparable or greater value if the designated Prize should become unavailable for any reason as determined in its sole and absolute discretion. All Prize details, including, without limitation, the exact nature and duration of the Winner’s Small Business social media promotion, profile in the blog, and the Winner’s Event, shall be determined in the sole and absolute discretion of Sponsor and may be subject to change. Sponsor will have complete control over the content of the blog post, and all other promotional materials. Sponsor is not responsible if the blog post, or any other promotional materials are not posted, distributed or disseminated, or if a Winner is unable to attend (either in-person or via video conference) the Winner’s Event as scheduled, in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole and absolute discretion. Any difference between stated value and actual value of the Prize will not be awarded.
The Winner is fully responsible for any and all applicable federal, state and local taxes and fees (including income and withholding taxes) associated with the Prize and/or its use. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winners will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.
Sponsor reserves the right to disconnect, remove or to deny entry to any representative of a Winner who engages in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Winner’s Event or in connection with any other Contest-related activity. Released Parties (as defined below) will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural or man-made disaster outside their control that may cause the cancellation or postponement of any event or action described herein. Invitations to the Winner’s Event may not be resold or offered for resale or used for commercial or any promotional purposes whatsoever; any such resale or commercial or promotional use may result in disqualification and Prize forfeiture.
Sponsor will be solely responsible for resolving any disputes and rules violations that arise in connection with the Contest. Sponsor’s computer server will be the official clock of the Contest. All decisions by Sponsor regarding the Contest shall be final and binding in all respects. Any questions of eligibility, application and interpretation of these Official Rules shall be determined exclusively by the Sponsor in its sole and absolute discretion, and such determination shall be final, binding and non-appealable.
CONSENT, LICENSE AND RELEASE
By entering the Contest and without limiting the generality of these Official Rules, each Participant (i) agrees that his/her Submission (and any portion thereof) is an original work of authorship and he/she owns all right, title and interest in the Submission (and any portion thereof) as of the date of submission; (ii) grants to Sponsor and its designees a royalty-free, irrevocable, non-exclusive and unlimited right and license to use, edit, modify, duplicate and/or create derivative works from the Submission (or any portion thereof) throughout the world and in perpetuity and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes; (iii) grants permission for Sponsor to publish or publicize all or part of the Submission without limitation and without payment of any royalties or compensation to Participant or his/her heirs and successors; and (iv) releases in perpetuity the Released Parties from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Submission and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy. A Winner, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize such Winner’s (and, as applicable, such Winner’s Small Business’) name, address (city and state), photograph, voice, statements, biography, and/or other likeness, Submission and Prize information, in whole or in part, for advertising, promotional, trade and/or any other purpose in conjunction with this Contest and similar promotions in any and all media or format now known or hereafter developed, throughout the world, in perpetuity, without further compensation, consideration, notice or permission, except where prohibited by law.
Each Winner accepts and acknowledges that Sponsor shall not be obligated to use any content in any Submission and that Sponsor in its sole and absolute discretion shall have the right to refrain from using any such content. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Winner will indemnify Sponsor, Released Parties (as defined below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach or alleged breach of these Official Rules.
Participants must not include any of the following content (the “Content Restrictions”) in any Submission: (i) pornography, adult-oriented content or any other sexually-explicit material; (ii) materials relating to lotteries or gambling; (iii) explicit language or content, images of violence, discrimination, or promotion of illegal activities; (iv) content in violation of intellectual property rights or laws; (v) libelous, defamatory, disparaging, tortious or slanderous materials; (vi) content that denigrates, disparages or reflects negatively on Sponsor, Barbara Corcoran, or their respective representatives, owners, directors and employees or other Small Businesses or Participants; (vii) tobacco or drugs; (viii) dangerous stunts; (ix) real weapons of any kind including, but not limited to, guns, knives or projectiles; (x) material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any other basis protected by federal, state, or local law, ordinance, or regulation; (xi) individuals under legal age of majority without providing a signed release from parent or legal guardian; (xii) audio and/or visual content owned by any third party (e.g., recorded music or pre-produced video); and (xiii) material that is unlawful, or otherwise in violation of or contrary to the laws or regulations in any state where the Submission is created.
Each Participant must have permission from any and all individuals mentioned or displayed in the Submission (or any portion thereof) to use their name and/or likeness in the Submission and to grant the rights set forth herein and, if requested, must be able to provide such permissions in a form acceptable to Sponsor.
Entrants also agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Any Submission that does not comply with the foregoing, in the sole and absolute discretion of Sponsor, will be disqualified and eliminated from consideration.
By participating in the Contest, each Participant accepts and agrees that the Contest is in no way sponsored, endorsed or administered by, or associated with, Facebook and further releases Facebook from all liability with respect to any claim arising from or relating to the Contest.
As a condition of entering this Contest, each Participant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this Contest, or any prizes awarded (each, a “Claim”), shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in New York, New York before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of New York, U.S.A, exclusive of conflict or choice of law rules, applicable to contracts entered into and performed exclusively in that State. AS A CONDITION OF ENTERING THIS CONTEST, EACH PARTICIPANT IRREVOCABLY AND UNCONDITIONALLY WAIVES THE RIGHT TO BRING ANY CLAIM IN ANY LOCAL, STATE OR FEDERAL COURT WITH RESPECT TO, ARISING FROM OR RELATING TO THIS CONTEST. Each Participant irrevocably and unconditionally (a) consents to submit to the jurisdiction of the AAA for any Claim (and agrees not to bring or commence any such Claim except as set forth above), (b) waives any objection to the laying of venue of any such Claim brought before the AAA as set forth above, and (c) waives and agrees not to plead or claim that any such Claim brought before the AAA as set forth above has been brought in an inconvenient forum.
Sponsor, subsidiaries, assignees, affiliates, licensees, agents, independent contractors, sponsors, licensees and advertising and promotional agencies, and each of their respective general and limited partners, members, shareholders, officers, directors, agents, employees, representatives and contractors (collectively, the “Released Parties”) shall not be responsible for lost, late, stolen, garbled, delayed, undelivered, or misdirected entries, for incorrect, inaccurate or incomplete entry information whether caused by a Participant, equipment, or technical malfunction or for any human error, technical error or malfunctions which may occur in the administration of the Contest, the announcement of Prizes, or in any Contest-related materials.
Released Parties are not responsible for any technical, computer, network, typographical, printing, human or other errors relating to or in connection with this Contest, including, without limitation, errors or problems which may occur in connection with the offer or administration of this Contest, the processing of entries, the tabulation of scores, or any errors appearing in any Contest related-materials including, but not limited, to errors in advertising, the Official Rules, the selection and announcement of the Winners or the distribution of the Prizes. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Contest.
Released Parties make no warranties, express or implied, relative to the use or enjoyment of the Prize (or any portion thereof) including, without limitation, its quality, merchantability or fitness for a particular purpose. By entering the Contest, each Participant agrees to indemnify, hold harmless and fully release the Released Parties from any and all claims, demands, losses, promises, causes of action and/or liabilities for any injuries, losses, death, or damages of any kind caused, directly or indirectly, in whole or in part, by participation in, or preparation for, the Contest, Contest-related activity, Participant’s Submission, or resulting from the acceptance, possession, quality, use or misuse of the Prize (or any portion thereof) including any travel or activity related thereto. Released Parties are not responsible for any unauthorized third-party use of any Submission.
In the event that the Contest is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Contest, or to disqualify Participants residing in the affected geographic areas. In such event, the Released Parties shall have no liability to any Participants who are disqualified due to such an action.
The Contest is a skill contest designed to increase consumer awareness of and interest in OnDeck. This Contest may not be used for, or in connection with, any form of gambling.
If the Contest is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of any events, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole and absolute discretion, to cancel, terminate, modify or suspend the Contest, to disqualify any individual who tampers with the entry process, and, if terminated, to determine the Winners, if any, from among all eligible, non-suspect Submissions submitted up to the point of termination using the judging procedure outlined above.
Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network, cable, satellite, wireless, Internet Service Provider (ISP) or lines, computer systems, servers, or providers, computer equipment, software, malfunctions of wireless devices, wireless service problems, cellular tower equipment, failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet or at any website or wireless service congestion, or any combination thereof, including any injury or damage to Participant's or any other person's computer related to or resulting from participation or downloading any materials in this Contest.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH PARTICIPANT, AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
For a list of the Winners’ names (available after all Winner confirmation and verification is complete), mail a request and a self-addressed, stamped envelope to: On Deck Capital, Inc., 1400 Broadway, 25th Floor, New York, NY 10018, Attn: OnDeck's ONWARD Denver Challenge Contest. Requests for a Winners List requests must be received by December 31, 2019.
The Sponsor of this Contest is On Deck Capital, Inc., 1400 Broadway, 25th Floor, New York, NY 10018.
OnDeck, the OnDeck logo, OnDeck Score® and OnDeck Marketplace® are trademarks of On Deck Capital, Inc. All rights reserved.