2011 eBay Canada Entrepreneur of the Year Awards

Official Rules
By participating in the 2011 eBay Canada Entrepreneur of the Year Awards (the "Competition"), each entrant agrees to be bound by these Official Rules (the "Rules") and by the decisions of the Sponsor and/or Administrator (defined below) which are final and binding.
No purchase necessary
1. Entry Period: The Competition begins at 12:01 AM Eastern Time (ET) July 22, 2011 and ends at 11:59 PM ET August 19, 2011 ("Entry Period"). Void where prohibited. The Competition will be hosted on www.eBay.ca.
   
2. Eligibility: This Competition is open only to legal residents of Canada, who have reached the age of majority in the province/territory in which they reside, who are registered members of www.ebay.ca or www.ebay.com (the "eBay Site") who meet the other eligibility criteria below, and who sell on eBay full or part time and have accounts in good standing during the entire Eligibility and Entry Periods ("Eligible Entrants").
   
   Eligible Entrants MUST also meet the following criteria: Between April 1, 2011 and July 21, 2011 ("Eligibility Period") in order to be eligible for the Competition, the entrant must have: [1] achieved a minimum of $1,000 CAD in sales per month on the eBay Site; [2] posted a minimum of ten (10) listings per month on the eBay Site; AND [3] have received at least 98% positive feedback. Employees, agents and sales representatives of Sponsor and Administrator (each defined below), their respective advertising agencies, promotional agencies, fulfillment houses and prize suppliers, each of their respective parent, affiliated and related companies, suppliers of the materials and services related to this Competition, and members of the immediate families (defined as parents, siblings, children and spouses, regardless of where they reside) or households (whether or not related) of such employees, agents and sales representatives, and persons whose eBay or PayPal® * accounts have been temporarily or indefinitely suspended or made inactive during the Competition Period, are not eligible to enter or continue the Competition. All Eligible Entrants must conform with the eBay Site Privacy Policy and User Agreement, and any other policies posted on the Competition Website (the "Policies"). Any Entry, as defined herein, found not conforming to the Policies and Rules will be deemed ineligible. By entering this Competition Eligible Entrants agree to grant Sponsor and/or Administrator permission to independently verify the status of Eligible Entrant's eBay and PayPal® * account and the status of Canadian residency. Void where prohibited by law. This Competition is subject to all applicable federal, provincial, local laws and regulations.
3. How To Enter: To enter the Competition, eligible participants must during the Entry Period visit the Competition website at http://www.ebay.ca/entrepreneurs and (1) complete all fields contained in the entry form including Real Name, eBay UserID, contact phone number and email address; (2) provide the required original essay of 500 words or less ("Essay", described below); and (3) accept the Rules, (collectively the "Entry"). Each Entry must be fully and accurately completed to be eligible.
   
   There are three categories (each a "Category") in this Competition (1) Entrepreneur of the Year; (2) Service-preneur of the Year; and (3) Newcomer of the Year. Each entry will be considered for all Categories. The Eligible Entrant's Essay must describe why and how the Eligible Entrant started his/her eBay business and how they decided what to sell on eBay; what challenges he/she have faced, and how eBay has helped them achieve their business goals.
   
   To be considered for the Service-prenuer of the Year category, the Essay should also describe the Eligible Entrant’s unique and personalized service approach to his/her customers (such practices may include: use of social media, creative packaging, sustainability initiatives, inventory procurement practices, customer engagement initiatives, etc.); and to be considered for the Newcomer of the Year category, the Essay should describe what makes the Eligible Entrant a new eBayer (reasons and topics may include being new to Canada, selling a new or innovative product, recently entering ecommerce, etc). As well, the essay should describe the challenges faced as a newcomer and how those challenges have been overcome.
   
   All Entries must comply with the Policies and these Rules or the Entry will be ineligible. There is a limit of one (1) Entry per Eligible Entrant and real name and eBay UserID. Eligible Entrants should contact the Sponsor at contest@ebay.ca if they suspect their UserID has been erroneously used by another entrant. Entries may only be submitted online. Use of automated devices is prohibited; automated entries (including but not limited to entries submitted using any robot, script, macro, or other automated service) are not permitted and may result in disqualification.
   
   By entering this Competition, Eligible Entrants agree to (i) grant to the Sponsor and Administrator (both defined below), their respective agents, subsidiaries and affiliates, in perpetuity, a worldwide, perpetual, irrevocable, royalty-free, sub-licensable license to exercise the copyright, trademark, patent, publicity and any other rights Eligible Entrant has in the Entry, in any media now known or hereafter devised including without limitation, the Internet, without compensation; Sponsor and Administrator reserve all rights, including the right to publish, adapt, display, reproduce, modify, edit or otherwise use the Entry, in whole or in part, for advertising or promoting the Competition or for any other reason in all media (including and without limitation, the Internet) without compensation, except where prohibited by law; (ii) waives all moral rights in and to his/her Entry in favour of Sponsor and Administrator; and (iii) releases and holds harmless the Sponsor and Administrator and each of their respective advertising and promotion agencies, agents, employees, directors, successors, and assigns against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor and/or Administrator reserve the right, in their sole discretion, to modify, edit or remove any Entry, or to request a an Eligible Entrant to modify or edit his or her Entry, if a complaint is received with respect to the Entry, or for any other reason.
   
   Sponsor's use of information submitted to Sponsor in connection with this Competition will be subject to the terms and conditions of these Rules and the eBay User Agreement available on the eBay Site. Entries must be received by 11:59 PM ET on August 19, 2011 in order to be eligible. Sponsor's decisions are final on all matters relating to this Competition.
   
   All Entries must be the sole and exclusive work of the Eligible Entrant. Eligible Entrant warrants and represents that his/her Entry:
      i. is original to him/her and that the Eligible Entrant has all necessary rights in and to the Entry and
         all of its components (if applicable);
      ii. does not and will not violate any law, statute, ordinance or regulation;
      iii. does not contain any reference to or likeness of any third party, unless consent has been obtained
          from all such individuals and any such individual's parent or legal guardian if they are under the age
          of majority in their province or territory of residence;
      iv. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any
          rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
      v. is not defamatory, trade libellous, pornographic or obscene, and further that it will not contain,
          depict, include, discuss or involve, without limitation, any of the following:
            -Nudity;
            -Explicit, graphic or excessive sexual activity;
            -Crude, vulgar or offensive language and/or symbols;
            -Derogatory characterizations of any ethnic, racial, sexual or religious groups; Content that
             endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;
            -Personal information of any individual (except where they have express permission from that
             individual, which might include, for example, names of business partners or family members.
             Sponsor or Administrator may request to receive proof of such permission in writing at any time );
            -Conduct or other activities in violation of these Rules;
            -Commercial messages, comparisons or solicitations for products or services;
            -Any identifiable third party products and/or trade-marks, brands or logos.;
            -URLs or links to any websites; and
            -Any other content that is or could be considered inappropriate, unsuitable or offensive, all as
             determined by the Sponsor and/or Administrator in their sole discretion.
   
   
   Any Entry which Sponsor deems, in its sole and absolute discretion, to be inappropriate or containing material that is not proper for publication will be disqualified. Entries not satisfying the Policies and Rules in all respects will be disqualified. The winner will not seek any further compensation for the use of their winning Entry from Sponsor beyond the awarding of the Prize.
   
   
4. Judging of Essays and Determination of Winners: All qualified entries will be judged and scored by Sponsor according to the following criteria (equally weighted) :
   (a) The Entrepreneur of the Year category: (i) Extent to which the Eligible Entrant's business has evolved and grown on the eBay Site; (ii) Overall business success and the degree to which eBay has contributed to that success; (iii) Degree to which community values on the eBay Site have been demonstrated; (iv) Creativity and originality of the answers presented; and (v) Clarity of writing and ability to communicate your answers well.
   (b) The Service-prenuer of the Year category criteria: (i) Degree to which the practices described by the Eligible Entrant's are creative and/or personalized;(ii) Impact of the personalized services on the success or evolution of the Eligible Entrant's business; (iii) Degree to which community values on the eBay Site have been demonstrated; (iv) Creativity and originality of the answers presented; and (v) Clarity of writing and ability to communicate your answers well. (c) The Newcomer of the Year category criteria: (i) Degree to which the Eligible Entrant's eBay business or product(s) is deemed as new to eBay; (ii) Impact of new and unique products, practices or business model on the success or evolution of the Eligible Entrant's business; (iii) Degree to which community values on the eBay Site have been demonstrated; (iv) Creativity and originality of the answers presented; and (v) Clarity of writing and ability to communicate your answers well.
   
   The evaluation of entries will be in the Sponsor's sole discretion. All Eligible Entries will be entered into the judging for all Categories. The one Entry receiving the highest score under any given Category, from among all eligible Entries received, will be the potential winner for that Category. Decisions of Sponsor and Administrator are final and binding on all matters relating to this Competition. Becoming a potential winner or winner is subject to validation and verification of eligibility and compliance with these Rules. Chances of winning will depend on the number of Eligible Entries received and how well they score based on the judging criteria.
5. Winner Notification: Potential winners will be determined on or about August 26, 2011 from among all Eligible Entries received. On or about August 29, 2011, at approximately 2:00pm ET at the Administrator's office located at 1055 Franklin Ave, Suite 300, Garden City, NY 11530, Administrator will notify potential winners by phone and/or email. The potential winners will be required to sign and properly execute a declaration of eligibility, liability waiver, grant of rights and where legal, consent to publicity, and return it within three (3) days of issuance. Sponsor reserves all rights, including the right to edit, publish, use, adapt, modify, or dispose of any winning Entries, and the proper names, likenesses, photographs and images of any winners for advertising and promotional purposes in all media (including and without limitation, the Internet) without additional compensation, except where prohibited by law. Before being declared a potential finalist or winner, an entrant must correctly answer a mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered at a mutually convenient time by telephone or email. If the prize notification is unclaimed or returned as undeliverable, or if a potential winner fails to properly execute and return all forms described herein or otherwise does not comply with these Rules, the prize will be forfeited and awarded to the next highest ranking Entry who is subject to disqualification n the same manner. If an entrant changes his/her telephone number, email address and/or street address after he/she enters the Competition, it is his/her sole responsibility to notify the Sponsor by emailing contest@ebay.ca prior to August 26, 2011.
6. Prizes: There are three (3) prizes to be won, one per Category.
   eBay Canada Entrepreneur of the Year category prize will consist of: a cash prize of $3,000 CAD.
   eBay Canada Service-prenuer of the Year category prize will consist of: a cash prize of $2,000 CAD.
   eBay Canada Newcomer of the Year category prize will consist of: a cash prize of $2,000 CAD. Only one (1) prize per person will be awarded; no Entrant may win or be awarded a prize under more than one Category. No prize substitutions or transfer of prizes permitted except at the sole discretion of the Sponsor. All taxes and other costs are the responsibility of the individual winners.
7. General Conditions: By entering this Competition the Eligible Entrants automatically agree to accept and abide by the Rules and Policies and to release, indemnify and hold harmless the Sponsor, Administrator, and each of their affiliates, parents, subsidiaries and their respective agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from their participation in the Competition or acceptance, possession, use, misuse or nonuse of the prize that may be awarded. All decisions of the Sponsor and/or Administrator with respect to any aspect of this Competition, including without limitation the eligibility of Entries, are final and binding on all Eligible Entrants in all matters as they relate to this Competition. Releasees are not responsible for errors in any Competition materials; for Entries that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly for any reason; or for electronic, computer, malfunction or error which prevents access to, or use of, any web site associated with this Competition. Entries that have been tampered with or altered are void.
   If for any reason, in the opinion of the Sponsor and/or Administrator, in their sole discretion, the Competition is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Competition is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond their control, the Sponsor reserves the right to cancel, terminate, modify, amend or suspend the Competition, subject to the approval of the Régie des alcools, des courses et des jeux. Should the Competition be terminated or modified prior to the stated expiration date, notice will be posted on http://www2.ebay.com/aw/marketing-ca.shtml. Sponsor and Administrator reserve the right in their sole discretion to disqualify any Entry. Any attempts to deliberately damage any web site or to undermine the legitimate operation of this Competition is a violation of criminal and civil laws and should such an attempt be made, the Sponsor and Administrator reserve their right to seek remedies and damages to the fullest extent of the law, including criminal prosecution. Any attempts by an individual to access any web site associated with this Competition via a bot script, automated Entry device, or other brute force attack or any other unauthorized means is prohibited.
   Sponsor and Administrator shall not be held responsible for any errors or negligence that may arise or occur in connection with the Competition including any damage to an entrant's computer equipment, system, software or any combination thereof, as a result of their participation in this Competition or from downloading any material from the Competition web site.
   The Competition is subject to all applicable federal, provincial and municipal laws and regulations. By completing the Entry form all Eligible Entrants consent to the collection, use and distribution of their personal information by the Sponsor and/or Administrator for the purposes of running the Competition. Other than personal information posted as part of the submission (for example, UserID and real name) and will be publically available on the Site, Sponsor will transmit this information to third parties for the purposes of administering the Competition in accordance with the Sponsor's privacy policy. Any inquiry concerning the personal information held by the Sponsor should be addressed to the Sponsor by email at contest@ebay.ca.
   
   
8. Limitations of Liability
   Without limiting the release in section 7 above, and for greater certainty, the Sponsor and Administrator will not be liable for: a) any incorrect or inaccurate information, whether caused by any equipment or programming associated with or utilized in the Competition or by any technical or human error which may occur in the processing of Entries in the Competition; b) any error, omission, interruption, deletion, defect or delay in operation of the Competition or any transmission in connection with the Competition; c) any communications line failure, theft, destruction or unauthorized access to, or alteration of, entries; d) any problems with, or technical malfunction of, any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, or failure of e-mail which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof. If the Competition is not capable of running as planned for any reason, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor or Administrator which corrupt or affect the administration, security or proper conduct of this Competition, Sponsor and Administrator reserve the right at their sole discretion to, without advance notice, and subject to the approval of the Régie des alcools, des courses et des jeux, terminate or suspend the Competition, in whole or in part, or modify it in any way.
9. Any litigation respecting the conduct or organization of a publicity Competition may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
10. Sponsor: The Sponsor of this Competition is eBay International A.G., with a registered office at Helvetiastrasse 15/17, CH-3005, Bern Switzerland (the "Sponsor"). Administrator of Competition: Marden-Kane, Inc. 1055 Franklin Avenue, Suite 300, Garden City, NY 11530 (the "Administrator").
    
    *PAYPAL is a registered trade-mark of PayPal, Inc., which is neither affiliated with nor responsible for the administration of this Contest.
    
    Pour obtenir le règlement officiel en français allez à:
    http://pages.cafr.ebay.ca/entrepreneurs/entrepreneurs/rules.html