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Rules

Fundable Crowd2Shelf Contest Sponsored by Staples - Official Rules

NO PURCHASE OR PAYMENT BY YOU OF ANY KIND IS NECESSARY TO ENTER. This Contest is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Odds of winning will be determined by the number of eligible entries received.

1. Contest Period: Starts August 1, 2014 at 12:00 AM Eastern Daylight Time ("EST") and ends December 1, 2014 at 11:59 PM Eastern Standard Time ("EST") (the "Contest Period").

2. Eligibility: The Contest is only open to legal residents of the 50 United States and the District of Columbia who are the legal age of majority in their state, territory or commonwealth of residence who have a new product idea which they wish to commercialize. Individuals or teams of individuals are eligible to enter (details below). Companies are also eligible to enter. Employees of Staples the Office Superstore, LLC (“Sponsor”), Fundable.com, its advertising and promotion agencies, and all of their respective parent, affiliates, subsidiaries, officers, directors, advisors, advertising and promotion agencies, their immediate family members (spouse, parents, siblings and children (natural, adopted, foster)), regardless where they reside, and household members of each (whether or not related) are not eligible to enter. Further details of the Prize are set forth below. All entries and other communication must be in English.

3. How to Enter/Winner Selection Process: The Contest will have 2 phases. In the first phase, contestants will be able to enter the contest and approximately 25 finalists will be identified. In second phase, three (or more) winners will be selected for the first prize.

I. Phase 1. In the identification of finalists phase:

a. Create an Entry via the Contest Website. First, you must visit https://staples.fundable.com (the "Contest Website") from August 1, 2014 at 12:00 AM Eastern Daylight Time ("EST") to August 31, 2014 at 11:59 PM EST (“Contest Entry Period”). You will be required to read and accept these Official Rules, complete the entry form and follow the instructions provided to create a contest entry (the "Entry" or “Profile”). Profiles will be subject to the Fundable Terms of Service located at https://www.fundable.com/terms-of-service. The product featured in the Entry shall be referred to herein as the "Product." See details below for Product eligiblity. As part of creation of a Profile, finalists may post videos and photos to feature the Product. Recommended length of video is no more than 5 minutes.

b. Pre-Screening & Posting. Each Entry submitted via the Contest Website will be pre-screened by Sponsor for compliance with these Official Rules before being posted on the Contest Website. Approved Entries will be posted as they are approved. Sponsor has the right not to post an Entry that is not compliant with these Official Rules or Fundable Terms. Sponsor's decisions are final and binding.

c. Public Support Phase. All approved pre-screed Entries will be posted on the Contest Website from September 1, 2014 – September 30, 2014 (beginning and ending at noon) EST for the public to select his/her favorite Entry. Voting will be subject to the Voting Terms and Conditions located at the Contest Website. Entrants are encouraged to promote their Entries via their Profile Page utilizing social media avenues such as, but not limited to, YouTube, LinkedIn, Facebook and Twitter. Public voting will occur via the Contest Website and the voting tally will be shown on the website.

d. Finalists Selections. A panel of impartial, qualified judges ("Judges") will review the Entries and select up to twenty five (25) Entries for inclusion in the next Contest round (“Finalists”) on October 5, 2014 based on the following criteria: 25% based upon public support and 75% based upon Product’s innovativeness, ability to saturate market, ease/ability for Staples’ to commercialize, Product’s applicability for home and work use, and projected size of opportunity in total sales. The decision of the judges will be final and binding on all matters related to the Contest.

II. Phase 2. In the selection of first prize winners phase, Sponsor will enable finalist voting and crowd-sourcing capabilities for the Finalist Profiles and Finalists will be featured on the Contest Website from October 5, 2014 – December 1, 2014 (beginning and ending at midnight) EST (“First Prize Winner Selection Period”). There will be 3 (or more) First Prize Winners selected from the Finalists within 5 days of the close of the Winner Selection Period. All First Prize Winners will be notified in accordance with Section 8 below. First Prize winners will be selected based upon the following three criteria:

i. Crowd Favorite. During the First Prize Winner Selection Period, the public will again have to opportunity to Vote for his/her favorite Entry/Profile via Fundable.com. The Profile with the most votes at the end of the period will be considered a winner, and will be selected for a First Prize (subject to verification described herein).

ii. Pre-sales leader(s): During the First Prize Winner Selection Period, the public will also be able to pre-purchase the Finalists’ products. The Profile with the highest dollar pre-sales raised will be selected for a First Prize (subject to verification described herein). Finalists who are not selected for the First Prize will be given the opportunity to fulfill any orders directly with purchasers after the Contest is over. First Prize winners will be given the opportunity, via the First Prize negotiation, to fulfill orders via Staples.

iii. Judge’s Choice. During the First Prize Winner Selection Period, one (or more*) winners will be selected by a panel of judges based upon Product’s innovativeness, ability to saturate market, ease/ability for Staples’ to commercialize, Product’s applicability for home and work use, and projected size of opportunity in total sales. *If judges deem in their sole discretion there should be more than one winner selected by this method, they may select several winners in their discretion. The judges’ decisions are final.

4. Terms and Conditions of Entry on the Contest Website (also applicable to Fundable.com Profile):

a. If any persons appear in the profile section of information you enter, you are responsible for obtaining, prior to sending the Entry, any and all releases and consents necessary to permit the exhibition and use of the such person’s likeness, voice or image by Sponsor as set forth in these Official Rules. If any person appearing in an Entry is under the age of majority in their state, the signature of a parent is required on each release;

b. Any personally identifiable information about yourself in your Entry may be publicly disclosed and you are solely responsible for any consequences thereof. If the Entry contains personally identifiable information of any person other than yourself, you are solely responsible for obtaining, prior to sending the Entry, such person's written consent to include their personally identifiable information in the Entry in accordance with these Official Rules. If any such person is under the age of majority in their state, the signature of a parent is required on such consent;

c. You may not be, nor may you work with parties in connection with your Profile, who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Profile or its contents therein in any media form; 2) have an acting or modeling contract that would make their appearance in the Profile a violation of any third party rights; or 3) are under any other contractual relationship/obligation that may prohibit you from participating fully in this Contest, or from allowing Sponsor to use royalty-free, the Profile or its contents therein worldwide in all media in perpetuity as set forth in rule 6 below;

d. If your Entry wins, you are represent and warranty that there is no other contractual or other obligations preventing you from entering into an agreement with Sponsor for the sale of the Product.

e. There is no limit to the number of unique Entries that a single Entrant can submit during the Contest Period, but each Entry must be separate and distinct from any other Entry submitted by you. Each Entry must comply with the submission requirements set forth in this Section 4. If the website fails for any reason as indicated by an error message, any Entry during that time will be deemed a defective Entry and is void and will not be honored.

f. An Entry constitutes your consent to participate in this Contest and consent for Sponsor to use, your name, address, and other information for the purpose of administering and promoting this Contest in compliance with Sponsor's privacy policy, found at http://www.staples.com/sbd/content/help-center/policies-and-legal.html#10008_2. A Profile submission on www.Fundable.com will be subject to Fundable’s privacy policy found at https://www.fundable.com/privacy-policy.

g. As a condition of Contest entry, you acknowledge and agree that: (a) Sponsor and other Entrants and members of the general public have access to and/or may create materials, ideas and concepts which may be similar or identical to your Entry, ideas and/or concepts; (b) you will not be entitled to any compensation or other consideration because of use by Sponsor or any other Entrant of similar or identical material, ideas and/or concepts; and (c) Sponsor's or other Entrant's use of material containing elements similar to or identical with those contained in your Entry shall not obligate Sponsor to negotiate with nor entitle you to any compensation or other claim.

h. By submitting an Entry, you warrant and represent that (a) you have the ability and are capable to mass produce your Product to meet the sales needs of Sponsor, (b) you have all rights, including, without limitation, rights of copyright, trademark and other intellectual property rights, to the Product and Video to submit your Entry in accordance with these Official Rules, subject to the posting and voting provisions herein, (c) if your Entry wins, you are free to enter into an agreement with Sponsor regarding the sale of your Product; (d) your Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity (as more fully set forth in the Submission Requirements below; and (e) your Entry otherwise complies with these Official Rules.

i. Entries shall not contain or feature the following: obscene, crude, sexually explicit, vulgar or offensive sketches, depictions, images, language, symbols, actions or gestures; gang signs or symbols; commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements; unauthorized trademarks and copyrighted material; license plates, phone numbers, personal addresses – physical or email or otherwise; website web page links; Staples competitor names or brands, derogatory characterizations of any ethnic, racial sexual or religious groups, or anything that may humiliate other people (publicly or otherwise), any assault or threatening of others; conduct or activities in violation of these Official Rules; or any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in its sole and absolute discretion. Any Entries containing any of the above are subject to disqualification at the sole discretion of the Sponsor.

5. Product Eligibility:

a. The Product must be safe and suitable for end use;

b. The Product cannot be a service;

c. The Product must conform with the Federal Food, Drug and Cosmetics Act, the Federal Trade Commission Act or any other federal, state or local law, regulation or order;

d. The Product must not have been sold by Staples, either on www.staples.com or through Staples’ stores;

e. The Product may not be in a category that Sponsor deems inappropriate, including but not limited to those that contain any of the following materials: alcohol, live animals, cigarettes or guns.

f. The Product must be a new, original Product and the Entrant must be the owner of any trademarks, patents or other intellectual property rights associated with the Product.

6. Types of Entrants: You may enter this Contest as an individual, team or company.

a. Team Entries. You may enter the Contest as a group of individuals. In the event that an Entry is submitted by a team (the "Team"), all individual members of the team (the "Team Members") must read and accept these Official Rules and determine how the Prize will be divided among each Team Member (stated in the form of a percentage to each Team Member). Team and Team Members will collectively be deemed the "Entrant" or "you" or "your" under these Official Rules and each member must meet the eligibility requirements set forth herein. The Team must designate one individual Team Member as the team leader ("Team Leader") for contact purposes. The Team Leader shall be responsible for submitting the Entry on behalf of the Team and designating all Team Members before the Entry submission. This must be done by the Team Leader in writing, prior to the entry submission and must contain signatures of all Team Members. If selected as an Official Winner, the Team Leader shall be responsible for distributing the Prize to each of the Team Members according to the Team’s agreed-to percentage to each of the Team Members. If an Entry is submitted by a Team, the term "Winner" applies to the Team and Team Leader must take any actions as required under these Official Rules, including having all Team Members sign any required documentation in order for the Team to receive a Prize. Failure to do so within any required time period may cause the Entry to be disqualified.

b. Company Entries. In the event that an Entry is submitted by a company (the "Company"), the Company be a validly formed entity in good standing in the state or commonwealth in which it was formed. Company must authorize a representative (the "Company Rep") to represent the Company's Entry and such Company Rep will be the individual designated for contact purposes. Company Rep is responsible for submitting the Entry on behalf of the Company and communicating any and all information or request for information to the Company's officer(s) who authorized him/her to submit the Entry. Company Rep must read and accept these Official Rules on behalf of the Company and the Company will be deemed the "Entrant" or "you" or "your" under these Official Rules and must meet the eligibility requirements set forth herein. If an Entry is submitted by a Company, the term "Winner" applies to the Company and Company Rep must take any actions as required under these Official Rules including having a company officer sign any required documentation in order for Company to receive a Prize. Failure to do so within any required time period may cause the Entry to be disqualified.

7. Public Voting: 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. There is a limit of one Vote per day, per Product per person. Votes generated by script, macro or other automated means or which subvert or impair the integrity of the voting process will be void. Any attempt by an Entrant or any other individual to obtain votes in violation of these terms or by other fraudulent means, shall give the Sponsor the right to void the votes in question and disqualify the Entrant, at its sole discretion.

8. Winner Qualification/Notification: Each Finalist and First Prize Winner will be notified via email within three (3) calendar days after Finalists and First Prize Winners have been determined. Notification will be sent to the email address provided at time of entry. It is Entrant's sole responsibility to ensure that the email address is functional and is a valid email address, and to configure his/her spam filters as necessary to ensure prompt receipt of messages. Sponsor is not responsible for any change in Entrant's email address or other contact information. First Prize Winners will be required to execute/sign and return an Affidavit of Eligibility, a Liability Release, a license granting Rights required herein, and where lawful, a Publicity release confirming acceptance and compliance with these Official Rules and return same within (5) calendar days of date of notification, otherwise he/she may forfeit his/her First Prize Winners status which may then be awarded to the applicable runner-up. Each First Prize Winner is subject to verification of eligibility and compliance with these Official Rules prior to being named a First Prize Winners and may be subject to an interview by Sponsor to help ensure his/her Product complies with the Official Rules, that their Product is saleable, is ready for market, is in alignment with Sponsor’s business goals, and other creative considerations. First Prize Winners may be required to provide proof (to Sponsor's satisfaction) that he/she owns all rights to the information contained in the Entry. Sponsor shall own all rights to the Entry itself. Failure to comply with any of these requirements may, at Sponsor's sole discretion, result in disqualification and an alternate First Prize Winner shall be selected from the respective category of the disqualified entrant (Crowd Favorite, Pre-sales Leader or Judges’ Choice) (a “Runner Up”). A First Prize Winners is not a winner until his/her eligibility has been verified and First Prize Winner has been notified that verification is complete. If a First Prize Winner is found to be ineligible or not in compliance with these Official Rules, declines to accept, or Sponsor is unable to contact a First Prize Winner within the applicable time frame or in the event that a notification is returned undeliverable, the First Prize Winner position will be forfeited and the First Prize will be given to a Runner Up. . Sponsor shall not be held responsible for any delays in awarding of the First Prize Winner positions for any reason.

9. Prizes: Each Winner of a First Prize will be provided with the opportunity to sell his/her Product on Staples.com and will be introduced to Staples store merchandising teams. First Prize Winners and Sponsor will enter into a 5 day negotiation period regarding the terms of sale of the Product via Staples’ sales channels, including, but not limited to the percentage of the proceeds each party will receive from sales. Approximate retail value of First Prize/opportunity to sell your Product to Staples is $3000.00 USD. If the parties cannot agree on mutually acceptable terms regarding the sale of the Product in such period of time, the parties shall agree to terminate such negotiation and Sponsor shall have no further obligation to the First Prize Winner. In the event that the First Prize is won by a Team, that First Prize (and any merchandising agreements entered into) will be awarded according to the percentage distribution set forth in the Entry. In the event that a First Prize is won by a Company, that First Prize (and any merchandising agreements entered into) will be awarded to the Company.

Prizes are not transferable and must be accepted as awarded, with no substitutions of any kind. All federal, state and local taxes, if any, as well as any other costs and expenses associated with Prize acceptance and use not specified herein as being provided are the First Prize Winner's responsibility.

10. License To Profiles: By submitting an Entry, you hereby grant to Sponsor, and to its licensees, successors and assigns, and any person or entity acting on its behalf, the irrevocable right and license to use, publish, exploit, modify, edit, transmit and distribute the Profile and its contents therein submitted as the Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity for Sponsor's advertising and promotional purposes without compensation, permission or notification to Entrant or any third party. Entrant retains ownership of the Profile and therefore, has the right to promote such Profile to gain votes before and during the public support phases, provided such promotion is conducted in a lawful manner.

11. Name and Likeness: By accepting a prize, First Prize Winners consent to the use of his/her name, address (city and state), voice, statements relating to the Contest or Sponsor, and photographs or other likenesses, and Entry without further compensation, notification or permission in any publicity, promotion or advertising carried out by Sponsor or any related entities in any and all media now known or hereinafter developed without territorial or time limitation, except where prohibited by law.

12. Indemnity: By submitting an Entry you agree you will indemnify and hold Released Parties (as defined below) harmless from and against any and all claims and any demands, actions, causes of action, damages, costs or expenses brought against or suffered or incurred by the Released Parties arising out of or in connection with your participation in this Contest, or the use, in whole or in part, by any Released Party of your Entry (or portion thereof) submitted by you in this Contest.

13. Limited Liability: You agree on your behalf, and on behalf of your respective heirs, executors, administrators, legal representatives, affiliates, successors and assigns, to release, defend and hold harmless the Sponsor, Fundable, YouTube, Facebook, Twitter and their parent corporations, affiliates, officers, directors, employees and agents (collectively, "Released Parties") from any and all actions, causes of action, damages, losses, and expenses (including reasonable attorneys' fees) claims and demands whatsoever (collectively "Losses"), whether known or unknown, foreseen or unforeseen, which any one or more of the Released Parties ever had, now have or hereafter can or shall sustain from your participation the Contest or acceptance and use or misuse of a Prize, including any Contest activities.

You agree that: (a) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, including without limitation, actual out-of-pocket expenses; and (b) all causes of action arising out of or connected with this Contest, or any Prize awarded, shall be resolved individually, without resort to any form of class action.

Released Parties are not responsible for lost, delayed, misdirected, inaccurate, garbled, stolen, incomplete, or late submissions. Proof of transmission (screenshots or captures of submission, etc.) does not constitute proof of delivery. Sponsor reserves the right, in its sole discretion, to void any and all Entries of an Entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness, or proper conduct of this Contest. Sponsor shall not be liable for any delays or other non-performance of, or relating to, the Contest resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, war, terrorism, or other violence, any law, order or requirement of any governmental agency or authority or their causes beyond the reasonable control of Sponsor.

14. Internet: Sponsor reserves the right, in its sole discretion to terminate, modify, cancel or suspend this Contest at any time and for any reason, including, but not limited to, fraud, technical failures including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes which may corrupt the administration, security, integrity, or proper participation of the Contest and, if terminated, award the Prize from among all eligible, non-suspect Entries received up to time of cancellation using the procedure outlined above. Sponsor further reserves the right to extend the end date of the Contest in its sole discretion. If Entrant is a Team, and Sponsor determines in its sole discretion that any single Team Member has attempted to undermine the legitimate operation of this Contest, all members of such Team may be disqualified, as determined within Sponsor's sole discretion. If Entrant is a Company, and Sponsor determines in its sole discretion that the Company Rep or any officer, director, employee or other representative of the Company has attempted to undermine the legitimate operation of this Contest, Company may be disqualified, as determined within Sponsor's sole discretion.

15. Disclosures: Any attempt by an Entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including attorneys' fees) from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, all associated Entries and/or votes may be voided, and Entrant may forfeit any Prize won.

16. Governing Law: This Contest shall be governed by and interpreted under the laws of the State of Ohio, without regard to its conflicts of laws provisions. Venue for all suits will be in Columbus, Ohio.

17. Conflict: In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest materials (including but not limited to newsletters, television and print advertising, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.

18. Sponsor and Administrator: This Contest is solely sponsored by Staples the Office Superstore, LLC, 500 Staples Drive, Framingham, MA 01702. The administrator of this Contest is Fundable, 1322 Manning Parkway Powell, Ohio 43065. YouTube, LinkedIn, Facebook, and Twitter are not sponsors of nor are they affiliated in any way with this Contest.

19. Winners List: To receive the name of the First Prize Winners, send a self-addressed, stamped envelope to be received no later than December 31, 2014 to: ATTN: @Staples, Fundable.com, 1322 Manning Parkway Powell, Ohio 43065. Residents of VT may omit return postage.

20. Entries that are not compliant with these Official Rules will cause the Entry to be void.