MADE FOR MORE SMALL BUSINESS CONTEST
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THIS CONTEST IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”) WHO OWN SMALL BUSINESSES (0-99 FULL/PART-TIME EMPLOYEES; BUSINESS AND EMPLOYEES MUST BE LOCATED IN THE UNITED STATES), WHO ARE 18 YEARS OF AGE OR OLDER AND USE OR HAVE USED BALL BRAND HOME CANNING PRODUCTS IN THEIR BUSINESS AS OF NOVEMBER 15, 2020. THIS CONTEST IS SUBJECT TO AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU AND YOUR SMALL BUSINESS ARE NOT LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT TIME OF ENTRY. THIS CONTEST IS NOT OPEN TO THE GENERAL PUBLIC.
THE MADE FOR MORE SMALL BUSINESS CONTEST (“CONTEST”) BEGINS AT 12:00:00 A.M. EASTERN TIME (“ET”) ON DECEMBER 15, 2020 AND ENDS AT 11:59:59 P.M. ET ON JANUARY 31, 2021 (“CONTEST ENTRY PERIOD”). SPONSOR’S COMPUTER IS THE OFFICIAL TIME-KEEPING DEVICE FOR THIS CONTEST.
1. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia (“D.C.”) who own a small business (0-99 full/part-time employees; business and employees must be located in the United States), who are 18 years of age or older at time of entry, and use or have used Ball brand home canning products in their business as of November 15, 2020. Employees of Rubbermaid Incorporated (“Sponsor”), Zeno Group, Promotion Activators Management, LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, distributors, sales representatives, advertising, sales promotion and judging agencies, and members of the immediate families (parent, child, sibling and spouse of each) or households (whether related or not) of any of the above are NOT eligible. Contest is void outside of the 50 United States/D.C. and where prohibited by law.
2. HOW TO ENTER: Go to www.FreshPreserving.com/MadeforMore (the “Website”) during the Contest Entry Period and follow the on-screen instructions to complete the entry form and submit an essay (in English) that explains in 500 words or less how your business is contributing to your community during the pandemic and include a brief description of how you use Ball brand home canning products within your business (“Essay”). You must also provide a photo representative of your business (i.e. business logo, store front, you and/or your employees, work in your community, etc.), which will be used publicly by Sponsor and any its affiliates and subsidiaries if selected as a Finalist, but photo will not factor in the judging. Together, the Essay and photo will serve as your entry (“Entry”) into the Contest. Entry must comply with the Entry Guidelines detailed in Rule 3, below. Limit one (1) Entry per business during the Contest Entry Period. All Entries received from any person that exceed the stated limitation will be disqualified. Entries made by any means which subvert the entry process will be void. Incomplete or illegible Entries will not be acknowledged. All Entries become the exclusive property of Sponsor and will not be returned or acknowledged except as provided herein. In the event of a dispute as to who submitted an Entry, the name of the “authorized account holder” associated with the email account will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder of the email address is defined as the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Sponsor will not verify receipt of Entries. Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Sponsor, Zeno Group, Administrator, their respective parent companies, affiliates, subsidiaries, distributors and each of their respective shareholders, directors, officers, employees and agencies (“Released Parties”) are not responsible for entries that are late, lost, illegible, damaged, misdirected, garbled or incomplete, altered or otherwise irregular, that contain false information, that are generated by script, macro or other automated or mechanical means, that have been submitted through illicit means or by any means which subvert the entry process or that do not conform with or satisfy any or all of the conditions set out in the Official Rules. Multiple entrants are not permitted to share the same email address for purposes of entry into the Contest. Use of any automated program or method to enter will result in disqualification of all associated Entries and of the person/email address account responsible for such Entries.
3. ENTRY GUIDELINES: By submitting an Entry, you warrant and represent that: (a) it is, in its entirety, your original work; (b) it has not been previously published; (c) it has not won previous awards; (d) it does not violate or infringe upon the copyrights, trademarks, rights of privacy/publicity or other intellectual property rights or any other rights of any person or entity; (e) the Entry is suitable for presentation in a public forum; (f) publication of the Entry via various media, including but not limited to the Sponsor’s websites and social media channels, will not violate or infringe on the rights of any third party; and (g) any claims made by the entrant related to their small business are truthful. Entrant agrees to indemnify and hold harmless the Released Parties from and against any claims to the contrary.
Entries may not contain, as determined by the Sponsor, in their sole discretion, any of the following:
a) Any third-party intellectual property, including third-party trademarks, logos, or trade dress;
b) Sexually explicit or suggestive content; violent content or dangerous stunts; content which promotes discrimination based on ethnicity, race, nationality, disability, gender, religion, profession, age, sexual orientation, or any other basis protected by federal, state, or local law, ordinance, or regulation; or any profane or pornographic content;
c) References to sports betting, lotteries, gambling, alcohol, illegal or performance enhancing drugs, tobacco, e-cigarettes, cannabinoid or synthetic THC products and any related paraphernalia (whether legal or not), firearms/weapons/ammunition (or the use of any of the foregoing); content that promotes any activities that are unsafe or dangerous; content that promotes any particular political agenda or message;
d) Obscene or offensive material; promotion or endorsement of bigotry, any form of hate speech or hate group;
e) Content that is a duplicate of any other Entry’s content;
f) Content that defames, misrepresents or contains disparaging remarks about Sponsor, other companies or other people or is libelous, defamatory, disparaging, tortious or slanderous;
g) Personal identification of anyone other than the entrant, such as personal names, license plates or e-mail addresses;
h) Material embodying the image, names, likeness or other indicia that identify any person, living or dead, other than the entrant, unless entrant has the permission of those persons;
i) Messages inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; or
j) Content that infringes the rights of any third party or promotes illegal activities; and/or violates any law.
Entries that do not comply with the above guidelines, or that otherwise contain prohibited or inappropriate content, as determined by the Sponsor, in its sole discretion, will be disqualified. *LIMITED RIGHT TO USE: THE SPONSOR’S TRADEMARKS AND THE BALL® TRADEMARKS MAY BE REFERENCED IN THE ENTRY FOR THE LIMITED PURPOSE OF DRAFTING AN ESSAY FOR ENTRY INTO THIS CONTEST ONLY. NO OTHER RIGHTS IN OR TO SPONSOR’S TRADEMARKS OR THE BALL® TRADEMARKS ARE GRANTED UNDER THESE OFFICIAL RULES AND ENTRANT MAY NOT USE THE ESSAY AND/OR ENTRY FOR ANY PURPOSE OTHER THAN ENTERING THIS CONTEST. Entry must not contain material that is harmful to others, such as viruses, trojan horses or other technologies that could adversely impact the Contest or any person’s computer or other device. By submitting an Entry, you agree that your Entry is gratuitous and made without restriction and will not place Sponsor under any obligations other than those contained in these Official Rules, that Sponsor is free to use 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 you. You acknowledge that, by acceptance of your Entry, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. By entering the Contest, you acknowledge that you will not now or in the future be paid or compensated in any way for your Entry or for granting the Sponsor any of the rights set out in these Official Rules. You further acknowledge that Sponsor is not obligated to make use of any of the rights granted in these Official Rules. BY SUBMITTING AN ENTRY, YOU ACKNOWLEDGE THAT YOUR ENTRY MAY BE POSTED ON SPONSOR’S WEBSITES OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN ITS DISCRETION. You further acknowledge that Sponsor is not obligated to post or use your Entry. By submitting an Entry, you hereby grant the Sponsor and its affiliates, subsidiaries, assigns, licensees, and designees the irrevocable, perpetual, worldwide, royalty-free right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted the Entry or portions of the Entry for the purpose of administering the Contest and judging the Entries. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment.
ENTRIES POSTED TO SPONSOR’S WEBSITES, IF ANY, ARE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
LEGAL NOTIFICATION: By entering the Made For More Small Business Fund contest, you consent to having your Personal Data collected from contest provider and prize fulfillment (Promotion Activators) and shared with Zeno Group, Inc. for the purposes of narrowing down contestants to the 20 finalists. Zeno Group will contact you if you are selected as one of the 10 final winners. As a finalist, your contest entry will further serve as consent for Zeno Group to use the personal information you provided during the entry process, including but not limited to name, business name, city/state and photo, for media and promotion opportunities for any of the following reasons: (a) inclusion in press release and media materials for potential news coverage; (b) potential for promotion video inclusion on contest website; (c) potential exposure on Ball® brand home canning products packaging; (d) potential for exposure on brand-owned social media sites. Your Personal Data will not be sold to any other third parties nor added to mailing lists. We will not retain your Personal Data for longer than necessary for the purposes for which it was collected. In determining data retention periods, we take into consideration local laws, contractual obligations, our reasonable business requirements, and your expectations and requirements. When it is no longer necessary to retain your Personal Data, we will securely delete it or anonymize it.
4. PHASE I CONTEST JUDGING: To be eligible for the Contest, an eligible Entry must be received during the Contest Entry Period. From on or about February 1, 2021 to on or about February 12, 2021, Entries will be judged and scored by a panel of qualified judges appointed by Sponsor based on the following criteria: Demonstrated positive contribution entrant has made to their community (50%), Quality of Essay (25%), and Clarity of Expression (25%). The twenty (20) Entries that receive the highest combined score according to the criteria listed above, in the sole determination of the judges, will be declared finalists (“Finalists) and will be posted to the Website for consumer voting as described in Rule 5 below. Sponsor reserves the right to deem fewer than twenty (20) Entries as Finalists if an insufficient number of eligible Entries are received during the Contest Entry Period. In the event of a tie, the tied Entries will be re-judged by an additional judge who will serve as a tiebreaker and who will evaluate tied Entries according to the criteria listed above. If following the re-judging the entries are still tied, the entrant whose Entry received the highest score for “Demonstrated positive contribution entrant has made to their community”, as determined by the qualified judges in their sole discretion will be deemed a Finalist from among the tied entrants. The decisions of the judges will be final and binding on all matters relating to the Contest. The chances of winning depend on the relative skill of the entrants and the number of eligible entries received during the Contest Entry Period.
5. PHASE II CONSUMER VOTING: Between 12:00:00 a.m. ET on February 15, 2021 and 11:59:59 p.m. ET on March 10, 2021 (“Consumer Voting Period”), the twenty (20) Finalist Entries (or lower number as noted in Section 4) will be posted to the Website and visitors will be invited to vote for the Entry they deem the best based on the following criteria: Demonstrated positive contribution entrant has made to their community (50%), Quality of Essay (25%), and Clarity of Expression (25%). To cast a vote for the Entry most deserving based upon the criteria listed above, voters must meet on-screen requirements and follow on-screen instructions. Limit one (1) vote per person. The ten (10) Entries that receive the highest number of eligible, non-suspect, votes during the Consumer Voting Period will be deemed potential winners, subject to verification of Finalist’s eligibility. The ten (10) Entries that received the 11th – 20th number of eligible, non-suspect, votes during the Consumer Voting Period, will be deemed potential runner-up winners, subject to verification of Finalist’s eligibility. Automated methods of voting and voting by proxy are prohibited. Any attempt by an entrant and/or his/her family/friends to vote more than the number of times authorized herein using multiple names, compensating or offering to compensate third parties to vote, and/or any other fraudulent conduct, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify suspect votes, entrant and/or his/her corresponding Entry in its sole discretion. In the event of a tie, tied Entries will be posted to the Website and a new voting period will be announced to determine the winner(s). Potential winners are not actual winners until their eligibility has been verified, and it is determined to Sponsor’s satisfaction that they have complied with all terms and conditions of these Official Rules.
6. PRIZES: Ten (10) Prizes: The ten (10) Entries that received the highest number of eligible, non-suspect, votes during the Consumer Voting Period will each receive $10,000 cash (awarded in the form of a check made out to the business). Ten (10) Runner-up Prizes: Each of the remaining ten (10) Entries, after winners have been determined, will receive a runner-up prizes consisting of $1,000 cash (awarded in the form of a check made out to the business). Total ARV of all prizes: $110,000. Winners are solely responsible for all federal, state, and local taxes and other fees associated with prize receipt regardless of whether prize is used in whole or in part. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. No transfer, assignment, or substitution of a prize is permitted. All prize details are in Sponsor’s sole discretion. In no event, shall Sponsor’s prize liability exceed the stated ARV of the prize. Not all prizes will be awarded In the event of an insufficient number of eligible winners.
7. WINNER NOTIFICATIONS: Potential winning entrants will be notified on or about March 17, 2021 by the Administrator via the email address and/or phone number provided at time of entry, and must execute and return an affidavit of eligibility, a liability release and, unless prohibited by law, a publicity release, and any other documents required by Sponsor (collectively, the “Prize Claim Documents”), within seven (7) days of date of issuance specified in the email notification. If a potential winning entrant is at least 18 years of age but considered a minor in his/her jurisdiction of residence, such minor’s parent or legal guardian must execute the Prize Claim Documents on minor’s behalf. Sponsor reserves the right to request additional evidence and/or documentation of eligibility. Failure to return the documents listed above or reply to the email and/or phone call with the requested information, within the specified time-period, the return of a notification as undeliverable, noncompliance with these Official Rules, or Sponsor’s inability to contact a potential winning entrant within a reasonable time-period may result in forfeiture of potential winning status and, at Sponsor’s sole discretion, the Finalist that received the next highest non-suspect vote total may be deemed a potential winner (and/or allotment of prizes adjusted accordingly). No messages will be left on answering machines or voice mail systems. Administrator is not responsible for technical difficulties with telecommunications systems beyond its control. Prizes will be mailed to winners at the mailing address provided at time of entry or during the verification process within 8-10 weeks following confirmation of winner’s eligibility.
9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Atlanta law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By participating in the Contest, entrants agree that 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 with respect to the Contest, shall be governed by, and construed in accordance with, the laws of State of Georgia without giving effect to any choice of law or conflict of law rules. By participating in the Contest, entrant consents to the jurisdiction and venue of the federal, state, and local courts located in Atlanta, Georgia. In the event of any discrepancy or inconsistency between these Official Rules and disclosures or other statements contained in any Contest-related materials or made by any representative of Sponsor, these Official Rules shall prevail, govern, and control.
10. SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. NAMES OF WINNERS: For the names of the winners, available after March 23, 2021, send a self-addressed, business-size envelope with proper postage affixed by May 1, 2021 to: Made For More Winners, P.O. Box 6000, Morton Grove, IL 60053.
12. SPONSOR: Rubbermaid Incorporated, 6655 Peachtree Dunwoody Road, Atlanta, GA 30328. Ball Corporation is not a sponsor of, and has no affiliation with, this contest, and all inquiries are to be directed solely to Rubbermaid Incorporated.
13. ADMINISTRATOR : Promotion Activators Management LLC, 5550 Touhy Ave, Suite 403, Skokie, IL 60077