FedEx Small Business Grant Contest Official Rules

(the “Official Rules”)


    FedEx Small Business Grant Contest (the “Contest”) begins with the Submission Period that starts January 6, 2014 at 12:00:00 AM Eastern Time (ET) and ends at the conclusion of the Judging Period on March 23, 2014 at 11:59:59PM ET. The Contest consists of three (3) phases as set forth in the chart below:
    Phase Start Date (at 12 a.m. ET) End Date (at 11:59 p.m. ET)
    Submission Period 1/6/2014 2/9/2014
    Voting Period 1/16/2014 2/23/2014
    Judging Period* 2/24/2014 3/23/2014
    *Sponsor will announce the top 100 finalists on the contest website on 2/26/2014. The top 100 finalists will be notified via email and asked to provide a second-round submission by March 12, 2014. Sponsor will announce the winners on March 24, 2014.
    The Contest is open to only legal residents of the fifty (50) United States and the District of Columbia who own a small business that is domiciled in the fifty (50) United States or District of Columbia. In order to be considered an eligible “small business” for purposes of this Contest, the business must meet all of the following criteria:
    1. Entrant/owner must be at least eighteen (18) years of age at the time of Submission;
    2. The business must be registered with the Secretary of State in the home state where the business is domiciled and must provide at least one of the following as proof:
      1. Copy of valid Secretary of State Certificate;
      2. Copy of valid Business License;
      3. Copy of utility service or other recurring bill in the name of the small business, reflecting the street address of the small business;
    3. Entrant/owner must be an authorized agent of the registered business;
    4. The business must be in good standing as of the date of Submission and must remain so through the end of the Contest;
    5. The business must have between 1-99 employees on its payroll.
    6. Not a previous FedEx Small Business Grant Contest Grand Prize winner.

    Sponsor shall determine, in its sole discretion, whether a entry meets the eligibility criteria to participate in the Contest. Sponsor’s decisions regarding eligibility and all other aspects of the Contest are final and binding.

    Sponsor, its parent and affiliated companies, and each of their respective, officers, directors, employees, agents and persons engaged in the development, production or distribution of materials for this Contest (collectively, the “Contest Parties”) and the immediate family members (i.e., parent, child, sibling, and spouse) of each and/or persons living in the same household of such individuals (whether related or not) are not eligible to participate in the Contest. This contest is subject to all applicable federal, state, and local laws and regulations, and is void in all other geographic locations and where otherwise prohibited by law.
  3. GRANTS:
    There will be a total of ten (10) Winners: one (1) Grand Prize Winner will receive a U.S. $25,000 Grant in the form of a check; four (4) 1st Place Winners will each receive a U.S. $5,000 Grant in the form of a check; five (5) 2nd Place Winners will each receive a U.S. $1,000 Grant in the form of a check or gift card, to be determined by Sponsor. Total value of all Grants: $50,000 (each a "Grant" and together, the "Grants").
    To enter the Contest, participants ("Entrants") are required to visit the Contest website located at (the "Contest Site") and submit an entry (the "Entry") between January 6, 2014 and February 9, 2014. Entrants will be required to provide responses to the following four questions: (1) Give us your elevator pitch (tell us what you do, what you sell, the service you offer…) (2) What inspired you to get into the business you are in today? (3) How do you define success for yourself and for your business? (4) How would you use the FedEx Small Business Grant money to make a significant impact on your business and/or on others? The narrative responses of the Entry must be no more than 1640 characters in length (140 characters for the elevator pitch, 500 characters per each additional question), and must adequately respond to each of the questions.

    In addition to answering the questions listed above, each Entrant will be required to submit the following information:
    1. Name of Business
    2. Name of Business Owner / Authorized Agent
    3. Phone Number
    4. Position/Title at Business
    5. Email Address
    6. Street Address
    7. City
    8. State
    9. ZIP
    10. Business Website and/or Facebook Page
    11. Four Digital Images:
      1. Company Logo
      2. 3 Photos for General Representation of the Business
    All entries are subject to approval by Sponsor, in Sponsor’s sole discretion. Once approved, entries will be posted on a Voting Page on the dedicated Contest Site and Entrants will receive an email with a link to their grant submission on the voting page, and are encouraged to share this link with customers, friends and family to vote for their small business during the Voting Period as described below. Entrants will receive an email within two (2) business days if their entry has been rejected.

    Except where prohibited, entry in the Contest constitutes each Entrant’s consent to the publication of her/his/its name, organizational information and completed Entry, including the Digital Image, (to the extent applicable) in any media for any commercial or promotional purpose (including, without limitation, the Internet), without further compensation.

    By entering the Contest and providing an email address, each Entrant grants Sponsor express permission to send Entrant emails related to the Contest, including, but not limited to notification of Finalists, Winners and a follow-up email in order to gather feedback regarding the Contest to be used in the planning and design of future Contests.

    Limit: one (1) entry per business owner (limited to one business per owner).
    If any digital image contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, and/or if any persons appear in the image, the Entrant is responsible for obtaining, prior to submission of the photograph, any and all releases and consents necessary to permit the exhibition and use of the image in the manner set forth in these Official Rules without additional compensation. If any person appearing in any photograph is under the age of majority in their state/province/territory of residence the signature of a parent or legal guardian is required on each release.

    If a professional image is submitted, Entrant is responsible for securing usage rights from the photographer to reproduce, distribute, display, and create derivative works of the image in connection with the Contest and promotion of the Contest, in any media now or hereafter known.

    Upon Sponsor's request, each Entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor's request) such signed release from all persons who appear in the photograph submitted, authorizing Sponsor and its licensees ("Authorized Parties"). Failure to provide such releases upon request may result in disqualification at any time during the Contest and selection of an alternate winner.
  6. VOTING:
    During the Voting Period, all persons who are eighteen (18) years or older and are Facebook Users will be eligible to vote for the small business of their choice. Facebook accounts are free to sign up for and users may create a Facebook account by going to Voters will use their Facebook logon identity to cast their votes. Limit: Each participant may vote one (1) time per day during the Voting Period. Multiple votes received from any person or email address in excess of the stated number will be void and will not be counted. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. All eligible votes will be tallied by Sponsor at the conclusion of the Voting Period.
    All eligible Entries received during the Submission Period will be judged by Sponsor or its designated representatives. Sponsor will designate a "Contest Profile" for each Entrant based on each Entrant's answers to the following four questions:
    1. Give us your elevator pitch (tell us what you do, what you sell, the service you offer...)
      Maximum Score: 25%
    2. What inspired you to get into the business you are in today?
      Maximum Score: 25%
    3. How do you define success for yourself and for your business?
      Maximum Score: 25%
    4. How would you use the FedEx Small Business Grant money to make a significant impact on your business and/or on others?
      Maximum Score: 25%
    Once the Voting Period closes, Grant Committee will calculate the eligible votes received from Facebook users for each Entrant and combine this with each Entrant’s Contest Profile. Sponsor will then determine the Top 100 Finalists (the "Finalists") based on a combined score derived from the Entrant's Contest Profile and the number of Facebook votes received. The number of votes received for each Entrant shall not be the sole or deciding factor in determining the Finalists. Sponsor will announce the Finalists on February 26, 2014.

    The Finalists will be notified via email and asked to provide a Second Round Submission as described below.
    Finalists will be required to provide a Second Round Submission which consists of answering one of the following four questions: (1) Thinking back on your career, what is the milestone or moment of success that you are most proud of? (2) What is your passion as an individual and business owner, and how is that passion reflected in your business? (3) How did your family and friends help you get through tough times in your business journey and how did that impact you and your business? (4) What should the role of a small business owner be in the community? How do you give back to or support your community today?

    Finalists will receive an email with instructions for completing and submitting the Second Round Submission. Second Round Submissions must be received by Sponsor no later than March 12, 2014. If Finalist does not provide the Second Round Submission by the deadline, the Finalist will be automatically disqualified.
    During the Judging Period, Sponsor or its designated agents will evaluate the Entries and the second round submissions of each of the 100 Finalists, and the Finalist with the highest combined score will be deemed the Potential Grand Prize Winner. The next four highest combined scores will be deemed the Potential 1st Place Prize Winners. The next five highest combined scores will be deemed the Potential 2nd Place Prize Winners (each a "Winner" and together, the "Winners"). All scores are in the sole discretion of the Sponsor or its designated representatives and are not subject to review or appeal.
    The Winners will be announced on or after March 24, 2014. Each Winner will be notified by email. In addition, Winners will be featured on the FedEx Facebook Page and/or the FedEx Small Business Center.

    Grants are non-transferable. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prize becomes unavailable. All details of any prize not specified herein shall be determined solely by Sponsor. By accepting a Grant, each Winner acknowledges compliance with these Official Rules. All federal, state, local or other tax liabilities arising from this Contest are the sole responsibility of each Winner, respectively. Limit of one Grant per Entrant. All other expenses relating to acceptance of a Grant, including but not limited to taxes and any other expenses not specified herein are the sole responsibility of each Winner. Grant conditions may be added or modified by Sponsor, in its sole discretion. Acceptance of a Grant constitutes permission for the Sponsor and its designees to use each Winner’s name, photographs, entry material, other likenesses and biographical information for advertising, promotional or trade purposes, including but not limited to online announcements, in commerce and in all media worldwide without limitation or additional compensation, except where prohibited by law.

    A Winner may waive its right to receive the Grant. The Grant is non-assignable and non-transferable. No substitutions may be made by the Winner. Sponsor shall withhold taxes from any award as is required by law. Prior to receiving the Grant, Winners must execute a W-9 tax form verifying their tax identification number. Winners will be required, as instructed by Sponsor, to complete and sign (i) an affidavit of eligibility/liability certifying that such Winner has complied with the Official Rules of the Contest, and (ii) a liability and publicity release (except where prohibited by law). Failure to sign and return any of these documents or to comply with any term or condition of these Official Rules may result in an Winner’s disqualification, the forfeiture of its interest in the Grant, and, at Sponsor’s discretion, the presentation of the Grant to a substitute recipient. A Grant not won and/or claimed by a Winner and not awarded to a substitute recipient by Sponsor in accordance with these Official Rules will remain the property of Sponsor.
    Should Sponsor determine, in its sole discretion, that any Entrant has violated any of the prohibitions contained in these Official Rules or should be disqualified for any other reason, Sponsor shall have no obligation to award a Grant to such Entrant. Sponsor reserves the right, in its sole discretion, to disqualify any Entrant it finds to be tampering with the entry process or the Contest; to be acting in violation of these Official Rules; or to be acting in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

    Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any entries, subjects, or related materials that Sponsor deems to be obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with its editorial standards, audience expectations, or reputational interests or that Sponsor believes may violate any applicable law or regulation or the rights of any third party or may subject the contest, Sponsor, or Sponsor's advertisers, clients, or customers to controversy, negative publicity, scorn, or ridicule.
    By participating in the Contest, each Entrant releases and holds Sponsor, its parent and affiliate companies and each of their directors, officers, employees, representatives, and agents harmless from and against any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or with the acceptance, possession, use of or defect in any Grant (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light). Sponsor is not responsible for any incorrect or inaccurate information, whether caused by technical or human error or otherwise which may occur in the processing of entries or voting in this Contest or in the running of this Contest. Sponsor will not be responsible for typographical, printing or other errors in these Official Rules or in other materials relating to the Contest.

    If for any reason, the Contest is not capable of running as planned, including but not limited to by reason of fraud, computer virus, worms, bugs, tampering, unauthorized intervention, technical limitations or failures, human error, mistake or any other cause that in the sole opinion of Sponsor could compromise, undermine, corrupt or otherwise affect the security, integrity, fairness, administration, or proper conduct of this Contest, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest at any time and without notice.

    Notwithstanding anything set forth above, to the extent that the preceding release is determined by a tribunal of competent jurisdiction to be invalid, unenforceable or void for any reason, each Entrant agrees that, to the fullest extent permitted by law (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any awards awarded shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by such Entrant, but in no event attorney's fees and no greater than $1,000; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, incidental, punitive or consequential damages.
    The construction, validity, interpretation and enforceability of these Official Rules, and all issues and questions relating thereto, along with the rights and obligations of all Entrants and of Sponsor, shall be governed by, and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules or provisions. In the event that any provision is determined to be invalid or otherwise unenforceable, such determination shall not affect the validity or enforceability of any other provision, and these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.

    Any specific waiver of any obligation hereunder by Sponsor does not constitute a general waiver of that obligation nor of any other obligation of Entrant.

    Any dispute concerning this Contest shall be submitted to binding arbitration in Tennessee within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Official Rules shall be joined to any other arbitration initiated pursuant to these Official Rules.
    By participating in the Submission Process for this Contest, Entrant grants to Sponsor, its parent and affiliated companies an exclusive, assignable, royalty-free and irrevocable right and license to edit or otherwise use all materials submitted by Entrant in connection with the Contest, in whole or in part, for any purpose and in any manner or media (including, without limitation, the Internet) now known or hereafter devised, throughout the world in perpetuity, and to license others to do so, without notice and without compensation, royalty, accounting, liability or obligation of any kind to any Entrant. Each Entrant further agrees that it will use its best efforts to have its employees, consultants, volunteers, officers and directors sign any additional licenses or releases that Sponsor may require.

    The names of the Winners may be obtained during the six (6) month period following the end of the Contest on March 24, 2014, by going to this url:
    Sponsor: FedEx Services, Inc.; 3640 Hacks Cross Road, Memphis, TN 38125. Attention: Kate Wardwell.