1. Eligibility: The StartupNation 2006 “10 Steps Challenge” Promotion is open only to people who are at least eighteen (18) years old at the time of entry. Employees of StartupNation, LLC, Southwest Airlines, Printing For Less, ABS, and LegalZoom, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor decisions, which are final and binding in all matters related to the Promotion. Receiving a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: StartupNation LLC, 430 N. Old Woodward Ave., Birmingham, MI 48009. Administrator: StartupNation LLC, 430 N. Old Woodward Ave., Birmingham, MI 48009.
3. Timing: The Promotion begins on October 16, 2006 at 9:00 a.m. Eastern Daylight Time ("EDT") and ends on October 31, 2006 at 11:59 p.m. EDT. All Registrations must be entered by 11:59 p.m. EDT on October 31, 2006 to be eligible. Administrator's computer is the official time keeping device for this Promotion. All rights reserved.
4. How to Enter: During the Promotion Period go to the 10 Steps to Open for Business (http://www.startupnation.com/pages/start/10Steps.asp ) or 10 Steps to Grow Your Business (http://www.startupnation.com/pages/grow/10Steps.asp ), review any step and comment on the step using the “Discuss This” feature on the page. Each step reviewed commented upon will provide one Entry. Randomly throughout the promotion period Administrator will select four (4) entries as winners of the 2nd Prize. On or around November 1, 2006, Administrator will randomly select one (1) eligible entry and award the Grand Prize to that eligible entry. Potential winners are not required to be online at www.startupnation.com at the time of award selection to be eligible. Administrator is responsible for the functionality of the Promotion. Any attempt by any participant to obtain more than the stated number of completed Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant's Entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to any completed Entry, the authorized account holder of the email address used to register will be deemed to be the participant. 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. Potential Promotion participants may be required to show proof of being the authorized account holder. Administrator, whose decisions as to the administration and operation of the Promotion and the selection of prize recipients are final and binding in all matters related to the Promotion.
5. ALL POTENTIAL PROMOTION PARTICIPANTS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SOFTWARE SHOULD SO INDICATE, UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY, HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY ENTRY THAT OCCURS AFTER THE SYSTEM HAS CLOSED OR FAILED FOR ANY REASON IS DEEMED A DEFECTIVE ENTRY AND IS VOID AND WILL NOT BE HONORED.
6. Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential Promotion winners will be notified by email, telephone, or registered mail after the date of random drawing. If a Promotion Prize winner cannot be contacted in person via email or by mail within ten (10) days after the first attempt to contact him/her, he/she will be disqualified and an alternate entrant will be selected in his/her place in a random drawing from among all eligible entries received. Winners agree to abide by all reservation and travel requirements of Southwest Airlines.
7. Prizes: One (1) GRAND PRIZE: Vouchers for one (1) roundtrip airline ticket on Southwest Airlines, one (1) startup printing package of 500 Business Cards, Letterhead and Envelopes from Printing For Less, one (1) copy of the Ultimate Business Planner software from ABS, and one (1) legal document application (incorporation, LLC application, copyright application or trademark application) from LegalZoom. Four (4) 2nd Prizes: four (4) copies of the Ultimate Business Planner software from ABS. Travel must be completed in accordance with the regulations of Southwest Airlines, and no later than June 1, 2007. Legal services are basic applications, filing fees are the responsibility of the winner. Approximate Retail Value for each prize ("ARV"): $1,250. Odds of winning a prize depends on the number of eligible entries received during the Promotion Period.
For All Prizes: No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $1,650.
8. Release: By receipt of any Promotion prize, winner agrees to release and hold harmless StartupNation, LLC, and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
9. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Promotion or receipt or use or misuse of any prize. If for any reason a participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
14. Promotion Results: For Promotion results and/or a copy of these Official Rules, send a hand-printed, self-addressed, stamped envelope to "10 Steps Challenge Promotion Winners/Rules", c/o StartupNation, LLC, 430 N Old Woodward, Birmingham, MI 48009. Requests for winner list must be received by November 30, 2006. VT residents may exclude return postage.© 2006 StartupNation, LLC. All Rights Reserved.