SMALL BIZ CUP CONTEST PRESENTED BY MASTERCARD OFFICIAL RULES (“Official Rules”)
SMALL BIZ CUP CONTEST PRESENTED BY MASTERCARD OFFICIAL RULES (“Official Rules”)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING THIS CONTEST.
THIS IS A SKILL-BASED CONTEST AND SUBMISSIONS WILL BE JUDGED TO DETERMINE WINNERS.
ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST, REGARDLESS OF WHETHER YOU ARE SELECTED AS A WINNER.
GRAND PRIZE WINNER MUST TRAVEL TO AND ATTEND THE TOUR CHAMPIONSHIP TAKING PLACE FROM 8/24/22-8/28/22 AT EAST LAKE GOLF CLUB IN ATLANTA, GEORGIA AND PARTICIPATE IN GRAND PRIZE FOOD SERVICE OPPORTUNITY AT THE EVENT OR WILL OTHERWISE FORFEIT THE RIGHT TO WIN THE GRAND PRIZE. WINNER WILL BE SOLELY RESPONSIBLE FOR ALL COSTS AND EXPENSES RELATING TO TRAVEL/TO FROM THE EVENT AS WELL AS INSURANCE, ANY APPLICABLE LICENSING FEES, COOKING EQUIPTMENT, FOOD PREPARATION EQUIPTMENT, TRANPORT OF FOOD/BEVERAGES TO THE EVENT AND ANY BILL BACK CHARGES IN EXCESS OF $5,000.
THIS CONTEST, INCLUDING ANY ENTRY METHOD OR PRIZE OFFERED, MAY BE CANCELED OR POSTPONED BY SPONSOR, IN FULL OR IN PART AT ANY TIME, DUE TO REASONS RELATED TO THE ONGOING PANDEMIC (E.G., CORONAVIRUS/COVID-19).
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
ELIGIBILITY: The Small Biz Cup Contest Presented by Mastercard (“Contest”) is open only to individuals who are at the time and date of entry: (1) physically located and legal residents of the United States (including D.C.); (2) eighteen (18) years of age or older (or the age of majority in their state of residence, whichever is older) (the age of majority is eighteen (18) in most states, but is nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi); and (3) a principal owner of a U.S.-based food service small business with its primary office located within a fifty (50) mile radius of Atlanta, Georgia, that meets the definition of a small business described below (referred to herein as, “Entrants”). For the purpose of this Contest, a ‘small business’ means: a) a business with an annual revenue of three million dollars ($3,000,000) or less in calendar year 2021, b) is physically located within fifty (50) miles of Atlanta, Georgia, c) was established in the food service industry, d) organized as a sole proprietorship, partnership, corporation, or any other legal entity that employs no more than fifty (50) individuals on a full or part-time basis; and e) is incorporated or otherwise considered a valid legal entity in good standing in its state of formation as of the start of the Contest through prize award. For purposes of the Contest, a small business can be organized as a sole proprietorship, partnership, corporation, or any other legal entity that employs no more than fifty (50) individuals on a full or part-time basis. Officers, directors and employees of Mastercard International Incorporated (“Sponsor”), teamDigital Promotions, Inc. (“Administrator”), PGA TOUR, Inc. and each of their respective parent companies, affiliates, distributors, subsidiaries, prize providers, advertising/promotion agencies & the immediate family members (i.e., spouses, parents, children, grandchildren & siblings & their respective spouses) or those living in the same household of any of the foregoing are not eligible to enter or win a prize in this Contest. Sponsor, Administrator, PGA TOUR, Inc., & each of their respective parent companies, affiliates, distributors, subsidiaries, prize providers, & advertising/promotion agencies are each a “Released Party” & shall hereinafter collectively be referred to as the “Released Parties”. The Contest is void to all businesses outside a fifty (50)-mile radius of Atlanta, GA who are not in the food service industry and where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW THE CONTEST WORKS: The Contest will occur in two (2) phases as described below and includes a Submission Period (defined below) and a Virtual Business Pitch (defined below). At the end of the Submission Period, up to six (6) Finalists (defined below) will be identified, based on the judging procedure and criteria outlined below, to advance to the Virtual Business Pitch. At the end of the Virtual Business Pitch, the Finalist with the highest score will be declared the Grand Prize winner and the remaining five (5) Finalists will be declared First Prize winners, as outlined below.
PHASE 1 - SUBMISSION PERIOD: The Submission Period begins on or about 12:00:00 AM Eastern Time (“ET”) on 6/6/22 and all Entries (defined below) must be received on or before 11:59:59 PM ET on 6/26/22 (the “Submission Period”). Sponsor’s servers shall be the official Contest time clock for this Contest.
PHASE 2 – VIRTUAL BUSINESS PITCH TIMING: The virtual business pitch (the “Virtual Business Pitch”) will take place between 7/13/22 and 7/18/22 as outlined below.
HOW TO ENTER THE SUBMISSION PERIOD: To enter, visit mastercard.us/smallbizcup/home (the “Website”) during the Submission Period and follow the instructions provided to complete and submit the entry form. The submitted entry form, inclusive of all required business information and a response to all five (5) essay questions, will collectively be referred to as an “Entry” hereafter. Website’s server must receive all Entries by 11:59:59 PM ET on 6/26/22. Limit one (1) Entry per Entrant, per email address, per small business for the duration of the Submission Period. If Entrant submits more than one (1) Entry, all Entries received after the first Entry will be void. Once the Entry is completed and submitted, the Entry is final and may not be modified or edited. All Entries must meet the Entry Requirements set forth below.**** Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All Entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Contest at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void. By registering, and clicking on the “Enter” button, you certify that you acknowledge and are in compliance with these Official Rules, including, without limitation, all eligibility requirements. Sponsor reserves the right to disqualify any Entry that it determines, in its sole discretion, has violated any provision of these Official Rules as applicable, and its decision in this regard is final. Proof that you entered the Contest does not constitute evidence of receipt by Sponsor within the required deadline. All Entries and information become the property of the Sponsor and will not be acknowledged or returned. Assurance of delivery of Entries is the sole responsibility of the Entrant. In the event of a dispute as to the identity of any Entrant who submits an Entry, the Entry will be deemed submitted by the account holder of the email account from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an email address or username by the entity responsible for assigning it (e.g., Yahoo). Prize winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the Entry will be deemed ineligible. Sponsor, Administrator, and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid Entries.
All Entries must meet the following criteria (“Entry Requirements”), as determined within Sponsor’s final sole discretion:
- Entries that contain or otherwise infringe on any third-party names, trademarks, music, identities, copyrighted or patented material, and/or other material subject to third party rights may be prohibited (without third party approval);
- Entries that include any reference to any patents and/or trade secrets of Sponsor or Released Parties and/or its competitors are prohibited;
- Entries that are obscene, offensive, contain any profanities, endorse any form of hate or hate group, or any language or images communicating messages inconsistent with the positive images to which Sponsor and/or Released Parties wishes to associate will be void;
- Entries cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity;
- Entries cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Entries cannot contain disparaging remarks, defame, misrepresent, invade the publicity, third party rights and/or the privacy rights of Sponsor, Released Parties, their products or any trademarks or other intellectual property they own, other products or companies, or any person, living or deceased;
- Entries that contain trademarks owned by others, or advertise or promote any brand or product of any kind, or contain any personal identifiable information, such as personal names, email addresses, etc. may be prohibited (without third party approval);
- Entries cannot communicate messages inconsistent with the positive images and/or goodwill to which Released Parties associate; and
- Entries cannot be in violation of any law, statute, regulation, or ordinance.
Sponsor reserves the right to void and disqualify any Entry not satisfying these requirements, as determined within Sponsor’s final sole discretion.
By submitting an Entry, you agree that: (i) the Entry does not violate any law or regulation or any right of any third party, including those laws, regulations, and rights related to copyrights, trademarks, publicity, or privacy, (ii) you have the right to grant the rights to the Entry as provided in these Official Rules, (iii) the Entry has not been published or submitted in any other competition; (iv) the Entry is your original work; (v) the Entry has not won previous awards; (vi) you have obtained permission from any person whose name or likeness is used in the Entry; and (vii) that publication of the Entry via various media, including, without limitation, social posting, will not infringe on the rights of any third party. You will indemnify, defend, and hold harmless Released Parties from any claims to the contrary. Further, by submitting an Entry, you grant the irrevocable permission and a perpetual, non-exclusive, royalty-free, no-cost, worldwide, irrevocable right and license for the Released Parties to publish, post, adapt, edit, display, exploit and/or modify or otherwise use the Entry and all images, text, and materials included or depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to Entrants or any third party, except for the awarding of the prize(s) to the Grand and First Prize winners in this Contest. Entrants agree that during the Submission Period, they shall not make, and shall not permit, any other public use, display or distribution of their Entry, and they shall maintain all rights without encumbrances so that, if Sponsor desires, Entrants can assign all rights in and to their Entry if selected as a winner. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entries, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting the foregoing, Sponsor will have the right to use the Entries submitted as part of the Contest, and all images, text and materials included or depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all “moral rights (droit moral)” now or hereafter recognized in connection with Entries submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a winner, Sponsor may request that the Entrant’s Entry, and any rights therein, be assigned to Sponsor and Entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (defined below) (and any other documents reasonably required by Sponsor) or such Entrant will otherwise be disqualified from receiving his/her prize(s). Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third-party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Entries and are not obligated to use any Entry. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Entries submitted.
Entrant further agrees that submission of an Entry is gratuitous and made without restriction and will not place Sponsor and/or Released Parties under any obligation and that Sponsor and Released Parties are free to discuss or otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to Entrant. Each Entrant acknowledges that Entries are not being submitted in confidence or in trust to Sponsor and that no confidential or fiduciary relationship is intended or created. Each Entrant acknowledges that Sponsor and other Entrants may have created ideas and concepts contained in their Entries that may have familiarities or similarities to his/her own Entry, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties because of these familiarities or similarities. Notwithstanding any custom and practice in the industry to pay an individual for an idea (if any), nothing herein shall create an implied or express contract to compensate Entrants for their Entry and there is no obligation for any Released Party to pay or otherwise compensate Entrants for any of their ideas or materials in any communications with Sponsor, whatsoever. Entrant acknowledges that, by acceptance of its Entry, Released Parties do not waive any rights to use similar or related ideas previously known to Released Parties, or developed by its employees, or obtained from sources other than Entrant. Sponsor and/or Released Parties reserve the right to screen Entries, but may post Entries without editing or other prior review. Entrant acknowledges that Sponsor and/or Released Parties have no obligation to use or post any Entry that he/she submits. For all social media postings of Entries made by Sponsor and/or Released Parties, posting of such content is for entertainment purposes only and does not relate to winner selection. Entrant, by participating in the Contest, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice, and/or other likeness and prize information for advertising, trade, and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in their Entry in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Contest.
No correspondence about Entries will be entered into, nor will Entries be acknowledged or returned. Incomplete Entries, Entries not responding to the theme, Entries that do not comply with the Entry Requirements, and/or Entries which may contain obscene, offensive, or any images or language communicating messages inconsistent with the positive images to which Sponsor and/or Released Parties wishes to associate will be void.**** Entries whose work includes the names, images, or likenesses of third parties or contains elements not owned by the participant (such as, but not limited to, depictions of persons, landmarks, trademarks, or logos) must be able to provide legal releases for such use including Released Parties’ use of such Entry, in a form satisfactory to Sponsor, upon request. Proof of Entry does not constitute Sponsor’s proof of receipt. Entries that contain or otherwise infringe on any third-party names, trademarks, music, identities, copyrighted material, and/or other material subject to third party rights are prohibited. Subject to these Official Rules and except where otherwise prohibited by law, all winning Entries are deemed to be assigned to Sponsor and will not be returned. If required information is not included, Entry will be disqualified.
FINALIST JUDGING PROCEDURE AND CRITERIA: All eligible Entries received during the Submission Period will be judged on the following criteria by Sponsor and its designees: 1) Viability and strength of business (0-30 points), 2) Level of impact the business is having on its customers, employees, and community (0-30 points), and 3) Potential for growth (0-40 points). The six (6) Entries with the highest scores, as determined by the judges, in their sole discretion, will be deemed potential finalists (“Finalists”) and will advance to the Virtual Business Pitch, subject to verification of eligibility and compliance with these Official Rules (see “Finalist Notification” section below). Sponsor reserves the right to select fewer than six (6) Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries.
In the event of a tie, the tied Entries will be re-judged based on: Potential for growth (0-100 points). If there is still a tie, Sponsor will bring in a tie breaking judge to apply the same judging criteria to break the tie and determine the Finalists.
By participating, Entrants agree to abide by these Official Rules and the decisions of the Sponsor and judges, which are final and binding in all matters relating to this Contest.
FINALIST NOTIFICATION: Potential Finalists will be determined approximately three (3) business days following the completion of the Submission Period and will be notified by Administrator by telephone and/or email. Potential Finalists will be required to execute and return an Affidavit of Eligibility, Liability and (where legal) Publicity Release, as well as its logo and a sample of their proposed menu (if selected as the Grand Prize winner) (collectively, “Prize Acceptance Documents”) and any other documents and third-party consents/releases as may be required by Sponsor within two (2) business days of date of issuance of notification.
Finalists will be required to submit to a confidential criminal check to confirm eligibility & ensure that advancement to the Virtual Business Pitch, as well as Event attendance, if selected as a Grand Prize winner, by such person, or the use of any such person in advertising, promotion or publicity, will not pose a security threat or bring Released Parties (or, with respect to the Event (as defined below), the TOUR Championship) into public disrepute, contempt, scandal, or ridicule, or reflect unfavorably on Released Parties (or, with respect to the Event, the TOUR Championship) as determined by Sponsor or the other Released Parties in their sole discretion, &, in such event, may result in disqualification. Noncompliance with any of the foregoing, failure to respond within the designated timeframe, the inability to contact a potential Finalist within a reasonable time period, or any notification being returned as undeliverable may result in disqualification and, at Sponsor’s discretion and time permitting, a runner-up being chosen. Finalist status is subject to verification of eligibility and compliance with these Official Rules. The Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s email account to receive email messages. Should a potential Finalist decide to decline his/her prize for any reason whatsoever or not respond to the prize notification by the applicable response deadline, Sponsor shall have no further obligation to that potential Finalist and an alternate Finalist may be selected based on the selection process above, if time permits.
VIRTUAL BUSINESS PITCH: Upon verification of eligibility and compliance with these Official Rules, each Finalist will take part in a scheduled (and recorded) Virtual Business Pitch between 7/13/22 and 7/18/22. The interviewer(s) hosting the Virtual Business Pitch will be determined by Sponsor, in its sole discretion, and the interviewer(s) will judge each Finalist individually based on the same or different judging criteria determined by Sponsor in its sole discretion. The Virtual Business Pitch with each Finalist will be approximately the same length of time, and the questions asked of each may be the same.
Finalists are prohibited from inducing the interviewer(s) by fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements and/or using any websites or online forums designed to induce the interviewer(s) to judge their answers higher or differently than the other Finalists, as defined by Sponsor, in its sole discretion.
All Virtual Business Pitch details, including, without limitation, the time and duration of the session, will be determined by Sponsor in its sole discretion. Each Finalist will be required to attend the Virtual Business Pitch and make a professional appearance answering each of the questions presented by the interviewer(s) to the best of their ability and will be judged on their ability to answer the questions in a responsive and engaging manner. The Virtual Business Pitch will be recorded by Sponsor and may be distributed live by Sponsor, in its sole and absolute discretion and used for commercial and/or marketing purposes. All Finalists who participate in the Virtual Business Pitch irrevocably grant to Sponsor all footage rendered by them, and all ideas, content and materials provided by Finalists, in connection with the development, production and/or exploitation of print, graphic, audio and/or visual or other content, projects, productions, campaigns and/or programs. The Virtual Business Pitch will be filmed or recorded by Sponsor and may be distributed live by Sponsor, in its sole and absolute discretion and used for commercial purposes. All Finalists who participate in the Virtual Business Pitch irrevocably grant to Sponsor all services rendered by them, and all ideas, content and materials provided by Finalists, in connection with the development, production and/or exploitation of print, graphic, audio and/or visual or other content, projects, productions, campaigns and/or programs. Finalists’ services during the Virtual Business Pitch are a “work-for-hire” as that term is used in copyright law and Sponsor will own all results and proceeds of the services, including, without limitation, all intellectual property and other rights and all physical materials. Finalists hereby irrevocably give and grant to Sponsor all rights of every kind and character whatsoever in all media and languages now known or hereafter devised (including, but not limited to, film, television, videocassettes, DVDs and other storage mediums, mobile media, interactive devices and Internet and on-line systems) throughout the world, in perpetuity, in and to all work done, and all poses, acts, plays and appearances made by Finalists, Finalists’ voice and instrumental, musical or other sound effects produced by Finalist, and in and to all of the results and proceeds of Finalists’ services as well as in and to the right to use Finalists’ name, likeness and photographs, either still or moving, for all commercial and non-commercial purposes (including, but not limited to, merchandising, advertising and promotion purposes) in connection therewith. If the foregoing provisions do not operate to fully and effectively vest in Sponsor the ownership rights to Finalists’ services in connection with the Virtual Business Pitch, Finalists hereby assign to Sponsor all rights of every kind and nature therein whether now or hereafter known or created which may not have so vested (and so far as may be appropriate by way of immediate assignment of future rights) throughout the universe and in perpetuity. Such assignment is irrevocable, royalty-free, perpetual and worldwide upon the creation and fixation into tangible form of the results and proceeds of Finalists’ services. Without limiting the foregoing, Finalists further irrevocably give and grant to the Sponsor the right to adapt, change, edit, modify, add to, delete, combine with other materials, record, reproduce, distribute and otherwise exploit the same by any means now known or hereafter devised and irrevocably waive all so called “moral rights (droit moral) (where enforceable)”. The Virtual Business Pitch may not include any matter or material that violates these Official Rules, including, without limitation, the Entry Requirements. Additionally, Finalists may be interrupted during their Virtual Business Pitch by the judges and asked various questions about their idea. Finalists will be required to professionally answer each of the questions presented by the judges to the best of their ability and will be judged on their ability to answer the questions in a responsive and engaging manner. Sponsor reserves the right (in its sole discretion) to immediately disqualify and remove any Finalist who does not comply with these Official Rules. Sponsor will provide any additional details to Finalist at the time of Finalist notification about specifically what will be expected of each Finalist at the Virtual Business Pitch and any additional rules and procedures that will be applicable to the competition that will take place at the Virtual Business Pitch. Sponsor reserves the right to set the same or different judging criteria for judging of the Virtual Business Pitch. All decisions by interviewer(s) at the Virtual Business Pitch, including interpretation of these Official Rules and related documents, are within the sole and absolute discretion of Sponsor and are final.
WINNER SELECTION: At the conclusion of the Virtual Business Pitch, the highest ranked Finalist with the greatest number of votes from the interviewer(s) will be determined the Grand Prize winner, and the remaining five (5) Finalists will be determined First Prize winners. Prize winners are subject to verification of eligibility and compliance with these Official Rules. In the event of a tie during the Virtual Business Pitch, such tied Finalist Entries will be re-judged (by a separate panel of judges determined by Sponsor in its sole discretion) based on their potential for growth.**** **If a tie still exists, from among the remaining pool of tied Entrants, Entrants with highest score in the level of impact the business is having on its customers, employees, and community and then in the viability and strength of business (if and as necessary to break tie), will be declared the applicable winner (collectively, “tiebreaker”). If there is still a tie, Sponsor will bring in a tie breaking judge to apply the same judging criteria to break the tie and determine the Grand Prize winner.
All interviewer vote counting will be conducted at the direction, and in the sole discretion, of the Sponsor and will not be made public. Neither Sponsor, nor anyone acting on its behalf, is required to enter into communications with any Entrant regarding the Contest other than to notify the potential Finalists and/or Prize winners.
Prizes will be awarded to the principal owner of the small business, as submitted in the applicable Entry. If prize award is in conflict with small business policy or not feasible after Sponsor’s good faith effort to obtain verifiable small business principal owner contact details, prize will be forfeited and, at Sponsor’s discretion and time permitting, a runner-up may be selected. Neither Sponsor, nor anyone acting on its behalf, is required to enter into communications with any Entrant regarding the Contest other than to notify a potential prize winner.
PRIZES: One (1) Grand Prize: Grand Prize winner will receive the following: 1) Ten thousand U.S. dollars (US $10,000) awarded in the form of a check, 2) a Mastercard Digital Doors Tool Kit, 3) a 30-minute one-on-one virtual mentorship session with a Mastercard small business expert, 4) a 20’ x 20’ concession space at the TOUR Championship to prepare and sell their food from 8/24/22-8/28/22 during gate hours (hereafter “Event”), 5) advertising on PGATOUR.com during the TOUR Championship, 6) ten (10) ground passes (five (5) passes on 8/27/22 and five (5) passes on 8/28/22) to attend the TOUR Championship, 7) opportunity to potentially be featured in a Golfweek Magazine article, and 8) a tax-offset check in the amount of $5,000. Approximate Retail Value (“ARV”) of Grand Prize is $TBD. Five (5) First Prizes: Each First Prize winner will receive the following: 1) Four (4) grounds passes (two (2) passes on 8/27/22 and two (2) passes on 8/28/22) to attend the TOUR Championship, and 2) a $250 Mastercard Prepaid Card®. ARV of each First Prize is $570. Travel/to/from the TOUR Championship is not awarded as a prize in this Contest.
Event details not specifically set forth herein, including, without limitation, exact duration, refrigeration facilities, point of sale devices, licensing, and location of concession space, will be determined by Sponsor, in its sole discretion. Mastercard Prepaid® card restrictions apply: https://prepaidcardtermsandconditions.com. Prepaid card will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without winner’s permission and will be voided if altered or defaced. Transportation to/from the Event is not included as part of the Grand Prize. Grand Prize winner and guest agree to comply with all federal, state, and local laws, orders, directives, and guidelines related to the Event and to comply with all instructions and requirements of Sponsor with respect to attending the Event, including with respect to the wearing of masks, social distancing, or any other requirements requested by Sponsor. Grand Prize winner will be required to submit a certificate of General Liability Insurance and a Statutory Workers’ Compensation policy (showing the following parties as additional insured: Proof of the Pudding, PGA TOUR, Inc., Champ Management, the TOUR Championship, East Lake Golf Course and Mastercard International Incorporated) with the following insurance limitations within 10 days prior to the Event: $2,000,000 per occurrence for Bodily Injury and Property Damage, $1,000,000 per occurrence for Personal Injury, $1,000,000 per occurrence for Fire Legal liability, and $1,000,000 -- $2,000,000 per occurrence for Alcohol Service Legal liability. Grand Prize winner will be required to share their final menu (with pricing) and gain approval by Sponsor at least twenty-one (21) days prior to Event, and must comply with branding displays from the Event’s beverage partner and energy partner. Grand Prize winner must purchase all beverage products as designated by Sponsor, except for any beverages specific to Grand Prize winner’s menu assuming it varies from any onsite pouring company. If at any time Grand Prize winner believes: (i) the Event conditions are unsafe, (ii) they are no longer in proper physical condition to participate in the Event, or (iii) begin to experience symptoms of COVID-19, Grand Prize winner will immediately discontinue further participation in the Event by immediately leaving the Event. If any prize-related activity(s) is canceled or postponed for any reason, before or after arrangements are made, Sponsor reserves the right, in its sole discretion, to award the balance of the prize or to award an alternate prize of equal or greater value in full satisfaction of prize award. Lost or stolen passes, once they are in the winner’s possession, will not be replaced. If, for any reason whatsoever, Grand Prize winner is unable to travel or participate in the Event after all Event-related arrangements have been made, Sponsor (and, for the avoidance of doubt, the other Released Parties) shall have no further obligation to winner & no alternate winner will be selected. Event component & all other prize elements may not be separated or redeemed for cash. In the event any winner and/or his or her guest(s) engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person while at the Event, Sponsor reserves the right to terminate their attendance early, in whole or in part, and send winner and/or guests home with no further compensation. Unused components of the prize have no redeemable cash value. Itinerary is at the discretion of Mastercard & are subject to change. Winner(s) & his/her respective guest(s) agree to comply with all applicable venue rules & regulations in connection with the prize. Sponsor & the applicable onsite representatives reserve the right, in their sole discretion, to remove or to deny entry to and winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person during Event. Released Parties will not be responsible for weather conditions, Acts of God, pandemic, epidemic, contagion, or any other issue concerning public health or safety, quarantine, government orders, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any elements of Event. All costs & expenses associated with the acceptance & use or misuse of the prize not specified herein as being awarded, including, but not limited to, all federal, state & local taxes, additional ground transportation, cooking supplies while at Event, incidentals, & other misc. expenses are winners’ sole responsibility. TOUR Championship dates and times are determined in the sole discretion of the TOUR and may be subject to change. The Released Parties are not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Released Parties will have no further obligation with respect to that prize or portion of the prize.
Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor or PGA TOUR. A description of the Mastercard Digital Doors Toolkit is available online at https://www.mastercard.us/en-us/business/overview/grow-your-business/digital-curriculum.html. All details surrounding the one-on-one virtual mentorship and the Golfweek Magazine article to be determined by Sponsor in its sole discretion. Prize winners will be required to provide Sponsor with a valid social security number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners for the actual value of the prizes received. The value of the prize awarded will be reported for tax purposes, as required by law. No transfer, assignment, or substitution of prize except by Sponsor, at its sole discretion, due to causes otherwise determined solely by Sponsor, and then for a prize of equal or greater value. Prizes, if legitimately claimed, will be awarded.
ADDITIONAL TERMS: Except as provided herein, no**** transfer, assignment, cash redemption or substitution of prize(s) except by Sponsor, at its sole discretion, due to prize unavailability or causes otherwise determined solely by Sponsor, and then for a prize of equal or greater value. By participating, Entrants agree: 1) to be bound by these Official Rules; 2) agree that Released Parties, and each of their respective agents, successors, assigns and other designees, shall have the right and irrevocable permission (unless prohibited by law) to use Entrant’s name, business name, photograph, city/state of residence, likeness, statements, social media handles, biographical information, voice and/or prize information for any and all public relations, advertising, promotional purposes and/or any forms of media and by all manners (now and hereafter known), worldwide, including the Internet, in perpetuity, without notice, consent, review or approval or further compensation, except where prohibited by law; and (3) Released Parties shall have no liability and Entrant will defend, indemnify, release, and hold harmless Sponsor and the other Released Parties from and against any liability, loss, injury, or damage of any kind (including attorneys’ fees) to any person or entity, including, without limitation, personal injury, death, or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of: (i) Entrant’s entry/participation in the Contest; (ii) any materials he or she may submit in connection herewith; (iii) the acceptance, possession, use or misuse of a prize or participation in any activities associated with the Contest or any prize awarded in connection herewith; (iv) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (v) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Contest activity and/or prize. 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 play of this Contest and to modify, suspend, and/or terminate this Contest (or portion thereof) should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest and, in the case of termination, at its discretion award the prizes in accordance with same judging criteria set forth above (with or without the interviewer(s) scores, as determined by Released Parties in their sole discretion) from among all non-suspect Entries received prior to suspect event requiring such modification, termination, or suspension. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, pandemic, epidemic, contagion, or any other issue concerning public health or safety, quarantine, government orders, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal, state, or local law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Contest or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (b) to disqualify any Entrant found to be, or suspected of: (i) tampering with the Entry process or the operation of the Contest; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
PRIVACY AND OPT-IN: Your participation by your Entry constitutes your consent to participate in this Contest and consent for Released Parties to obtain, use, and share your Entry, name, business name, address, email and other details (collectively, “Contest Data”) for Contest administration purposes. For information regarding Sponsor’s privacy practices, please visit https://www.mastercard.us/en-us/about-mastercard/what-we-do/privacy.html.
ADDITIONAL TERMS: Released Parties are not responsible for late, lost, stolen, illegible, incomplete, misdirected, delayed, garbled, damaged, inaccurate or undelivered emails, Entries, theft, destruction or unauthorized access to, or alteration of Contest Data, defect/delay in transmission or communication, including, but not limited to, recording failures, or for telephonic, human or computer failures, problems or errors, interruptions in service leveraged to create an Entry, whether due to system upgrades, repairs, modifications or other causes, defect or delay in transmission, connections, satellite, network, cable, Internet Service Provider (ISP), phones, phone lines or telephone systems, recording/filming systems, electronic equipment, computer hardware or software failures, inaccurate Entry information, traffic congestion on the internet, technical or mechanical malfunctions, or other malfunctions, errors or delays, whether caused by equipment, programming, human error, acts of God or otherwise relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of Entries, Contest Data processing, the tabulation of judging points, the announcement of the prizes and winners, the cancellation or postponement of the Contest, for any injury or damage to participant’s or any other person’s computer or other device relating to or resulting from participation in this Contest, or for printing, typographical, human, or other errors appearing in these Official Rules, in any Contest advertisements or other materials. Use of any device to automate or subvert Entry is prohibited and any Entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated Entries are permitted and any Entries received by such means will be void. Any Entrant determined to be involved in such prohibited activity will not be eligible to receive a prize in this Contest.
CAUTION: Any attempt to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made; the Released Parties reserves the right to seek damages (including attorneys’ fees) and/or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. Released Parties make no warranty, guaranty, or representation of any kind concerning any prize (or any portion thereof), and disclaim any implied warranty. Without limiting the generality of the foregoing, Entrants agree that the Released Parties: (a) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (b) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Except where prohibited by law, Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules. The remedy for any claim shall be limited to actual damages, and in no event, shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
WINNERS LIST: For a list of winners, send a self-addressed, stamped envelope to be received by 9/30/22 to: Mastercard Small Biz Cup Contest Winners, 211 Greenwood Ave. 2-2, Promo 501, Bethel, CT 06801.
Mastercard & Mastercard Prepaid are registered trademarks, & the circles design is a trademark, of Mastercard International Incorporated.
All third-party trademarks belong to their respective owners.
The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Contest or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with Contest advertisements or the Contest.
SPONSOR: Mastercard International Incorporated, 2000 Purchase Street, Purchase, NY 10577.
ADMINISTRATOR: teamDigital Promotions, 6 Berkshire Blvd, Bethel, CT 06801.