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.