By participating in the 2021 eBay Canada Entrepreneur of the Year Awards (the "Competition"), each Eligible Entrant (as defined below in Rule 2) agrees to be legally bound by these Official Rules (the "Rules") and by the decisions and interpretations of the Sponsor (as defined below in Rule 12), which are final and binding (without right of appeal) on all matters relating to this Competition.
1. Entry Period:
The Competition begins at 12:00:01 AM Eastern Time (ET) on July 27, 2021, and ends at 11:59:59 PM ET on August 27, 2021 ("Entry Period").
This Competition is open only to legal residents of Canada, who, at the time of entry: (i) have reached the legal age of majority in the province/territory in which they reside; (ii) are registered members of www.ebay.ca or www.ebay.com (collectively, the "eBay site"); (iii) meet all eligibility criteria in these Rules; (iv) sold on the eBay Site full- or part-time during the Eligibility Period (defined below); and (v) have an eBay account or accounts in good standing during the entire Entry Period and the entire Eligibility Period (each an "Eligible Entrant", and collectively, "Eligible Entrants"). Eligible Entrants MUST also meet the following criteria: Between January 27, 2021 and July 27, 2021 ("Eligibility Period") in order to be eligible for the Competition, the Eligible Entrant must have:
3. How to Enter:
No Purchase Necessary. Internet access and valid email and eBay accounts required. Online entry through the Competition Website (as defined below) only; no other means of submission will be accepted. For the purposes of this Competition, an "Entry" and collectively, the "Entries" shall include both an Entry (or Entries, as the case may be) and/or an Essay (or Essays, as the case may be), as each is defined below. To enter the Competition, Eligible Entrants must, during the Entry Period, visit http://pages.ebay.ca/eoy (the "Competition Website") and follow these steps:
There are three (3) categories (each a "Category", and collectively, the "Categories") in this Competition as follows: (a) Entrepreneur of the Year; (b) Micro-Multinational of the Year; and (c) Emerging Ecommerce Entrepreneur of the Year. Each Essay received by Sponsor will be considered for all Categories in which the eligibility criteria are met by the Eligible Entrant (as determined by the Sponsor in its sole and absolute discretion). The Eligible Entrant's essay (the "Essay") must describe, in 500 words or less, (a) why and how the Eligible Entrant started his/her eBay business; (b) how he/she decided what to sell on eBay; (c) what challenges he/she faced; and (d) how eBay has helped him/her achieve his/her business goals. The Essay may also include descriptions of the size of Eligible Entrant’s business and growth of the business over time (optional). All Essays must conform to the Submission Guidelines (as defined below in Rule 4) in order to be eligible for consideration in this Competition.
Additional details for the Micro-Multinational of the Year Category: The Essay may describe how the Eligible Entrant has achieved success selling beyond Canada's borders on the eBay platform. The Essay may also describe the business impact of the seller's export initiatives, what practices have made them a successful seller, and additional details including markets where the seller's products are most popular and how the seller has overcome specific exporting challenges.
Additional details for the Emerging Ecommerce Entrepreneur of the Year Category: The Essay may describe the Eligible Entrant's strategy in building a resilient and thriving business by integrating ecommerce (including eBay's platform) as a new sales channel. The Essay may also explain the rationale and approach for recently expanding into ecommerce, as well as highlight successes and challenges in bringing their business online during the COVID-19 pandemic.
Each Entry must be fully and accurately completed to be eligible. Each Entry must be submitted separately by the Eligible Entrant him- or herself. All Entries must comply with the Policies and these Rules (as determined by the Sponsor in its sole and absolute discretion) – failing which the Entry will be disqualified and ineligible for consideration in this Competition. LIMIT: one (1) Entry per Eligible Entrant. Eligible Entrants may only use one (1) email address and one (1) eBay username to enter this Competition. Duplication may, in the sole and absolute discretion of the Sponsor, result in disqualification. Eligible Entrants should contact the Sponsor at email@example.com if they suspect their username has been erroneously used by another individual or entity. Use of automated devices is prohibited; automated Entries (including, but not limited to, Entries submitted using any robot, script, macro or other automated service or device, and/or submitted through any other means not in keeping with the Sponsor’s interpretation of the letter and spirit of these Rules) are not permitted and may, in the sole and absolute discretion of the Sponsor, result in disqualification. The sole determinant of time for the purposes of submitting an Entry in this Competition will be the official time-keeping device(s) of the Sponsor. All Entry materials become the property of Sponsor and none will be returned or acknowledged (except in the sole and absolute discretion of the Sponsor). Proof of transmission (i.e. screenshots or captures etc.) does not constitute proof of successful entry by Eligible Entrant or receipt of Entry by Sponsor.
By entering this Competition, Eligible Entrants agree to: (i) grant to the Sponsor a worldwide, perpetual, irrevocable, royalty-free, non-exclusive sub-licensable license to exercise the copyright, trademark, patent, publicity and any other rights Eligible Entrant has in the Entry (and each component thereof—including, without limitation, the Essay), in any media now known or hereafter devised including, without limitation, the Internet, without further notice or compensation; Sponsor reserves all right, 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 further notice or compensation, except where prohibited by law; (ii) waives all moral rights in and to his/her Entry in favour of Sponsor and anyone authorized by Sponsor to use the Entry; and (iii) releases and holds harmless the Competition Entities and each of their respective agents, employees, directors, successors, and assigns (collectively, the "Released Parties") against any and all claims, damages, liabilities, costs, and expenses arising from use of his/her Entry (or any component thereof), including, without limitation, any claim based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related or other cause of action whatsoever. For greater certainty, the Sponsor reserves the right, in its sole and absolute discretion, to modify, edit or remove any Entry, or to request 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. If such an action is necessary at any point during or after the Competition, then the Sponsor reserves the right, in its sole and absolute discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the Entry (and therefore the corresponding Eligible Entrant) – to help ensure that the Competition is being conducted in accordance with the Sponsor’s interpretation of the letter and spirit of these Rules.
Sponsor's use of the Essay submitted to Sponsor in connection with this Competition will be subject to the terms and conditions of these Rules and the Policies available on the eBay site. Entries must be received by 11:59:59 PM ET on August 27, 2021 in order to be eligible. Sponsor's decisions are final and binding without right of appeal on all matters relating to this Competition.
4. Submission Guidelines:
Each Essay must adhere to the following specifications:
An Entry which Sponsor deems, in its sole and absolute discretion, to be inappropriate or to contain material that is not proper for publication or not satisfy the Policies and/or Rules in all respects will be disqualified and not eligible for consideration in this Competition. A winner will not seek any further compensation for the use of his/her winning Entry from Sponsor beyond the awarding of the Prize.
BY SUBMITTING AN ENTRY, YOU AGREE THAT THE ENTRY (AND EACH INDIVIDUAL COMPONENT THEREOF) COMPLIES WITH ALL CONDITIONS STATED IN THESE RULES AND THE POLICIES. THE RELEASED PARTIES WILL BEAR NO LIABILITY WHATSOEVER REGARDING: (I) THE USE OF YOUR ENTRY (OR ANY COMPONENT THEREOF); (II) PARTICIPATION IN ANY COMPETITION-RELATED ACTIVITIES; (III) ANY USE, COLLECTION, STORAGE AND DISCLOSURE OF ANY PERSONAL INFORMATION; AND/OR (IV) IF DECLARED A WINNER, THE PRIZE (INCLUDING ANY USE OR MISUSE OF THE PRIZE).
THE RELEASED PARTIES SHALL BE HELD HARMLESS BY YOU IN THE EVENT IT IS DISCOVERED THAT YOU HAVE DEPARTED FROM OR NOT OTHERWISE FULLY COMPLIED WITH ANY OF THESE RULES AND/OR THE POLICIES (AS APPLICABLE). THIS RELEASE AND INDEMNITY SHALL CONTINUE IN FORCE FOLLOWING THE TERMINATION OF THE COMPETITION AND/OR AWARDING OF ANY PRIZES.
5. Judging of Essays and Determination of Eligible Winners:
All eligible Entries will be judged and scored (the "Essay Score") by Sponsor or its designated representative(s) (the "Judge(s)") according to the following criteria ("Judging Criteria"), equally weighted:
Final Judging—Phone Interviews
The Judges will contact between two (2) and three (3) top Eligible Entrants in each Category (each, a "Finalist") on the basis of Essay Scores for a phone interview (each a "Phone Interview"). During the Phone Interview, the Judges will ask Finalists questions related to their respective Essays. The Contest Judges will assign a Phone Interview score (each a "Phone Interview Score") to each Finalist according to Judging Criteria. If an Eligible Entrant cannot be reached for a Phone Interview within five (5) business days of being contacted, the Judges may, in their sole discretion, contact the Eligible Entrant with the next highest score. The Contest Judges will assign a final score (the "Final Score") to each Finalist on the basis of the Essay Score and Phone Interview Score, equally weighted.
The Finalist who receives the highest Final Score (as determined by the Sponsor in its sole and absolute discretion) in any given Category, from among all eligible Essays received and considered in each Category, will be the potential winner for that Category. NO ELIGIBLE ENTRANT CAN WIN IN MORE THAN ONE (1) CATEGORY. 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 a combination of: (i) the total number and caliber of eligible Entries received during the Entry Period; and (ii) the Final Score of each eligible Finalist in each Category as determined by the Judges based on the Essay Score and Phone Interview Score, equally weighted. In the event of a tie amongst one or more eligible Final Scores in the applicable Category, an additional tie-breaking judge will select the top Essay from amongst all such tied Essays to determine one (1) winner for that particular Category.
The selected Eligible Entrant in each Category will be determined by September 24, 2021 at 2:00 PM ET at the Sponsor's office located at 240 Richmond St. West, Suite 02-100, Toronto, Ontario, from among all eligible Entries and following all necessary phone interviews. Sponsor will notify potential winners by telephone and/or email address submitted by the Eligible Entrant at the time of entry. Please check your email and spam filters. Before being declared as a confirmed winner, each selected Eligible Entrant must sign and properly execute a declaration of eligibility, liability waiver, grant of rights and where legal, consent to publicity (collectively, the "Declaration and Release"), and return it within five (5) days of issuance, releasing the Released Parties from any liability in connection with this Competition or the acceptance, possession, use or misuse of any prize. If a selected Eligible Entrant: (a) cannot be reached within the timeframe noted above; (b) fails to provide proof of eligibility (if requested); (c) fails to return the properly executed Declaration and Release within the specified time; (d) cannot accept (or is unwilling to accept) the applicable prize (as awarded) for any reason; and/or (e) is determined to be in violation of these Rules and/or Policies (all as determined by the Sponsor in its sole and absolute discretion), then he/she will be disqualified and forfeit his/her opportunity to receive any prize and Sponsor, in its sole and absolute discretion, may select another Eligible Entrant (who will be subject to disqualification in the same manner) from the remaining eligible Entries in the relevant Category, who received the next highest score. If an Eligible 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 firstname.lastname@example.org prior to September 24 , 2021.
There are three (3) prizes (each a "Prize", and collectively, the "Prizes") available to be won, one (1) per Category, as follows:
Entrepreneur of the Year Category:
Micro-Multinational of the Year Category:
Emerging Ecommerce Entrepreneur of the Year Category:
**To be awarded by Sponsor, in its sole and absolute discretion, as cash or as a cheque made payable to the confirmed winner.
**Approximate retail prize values are based on value for a mid-level eBay Store Subscription of $719.40 (plus applicable taxes) for one year . One-year eBay Store Subscription values range from $239.40 (plus applicable taxes) to $3,599.40 (plus applicable taxes). The actual eBay Store Subscription upgrade provided to a selected Eligible Entrant will be dependent on their eBay Store Subscription as at July 27, 2021 (as determined by the Sponsor in its sole and absolute discretion on the basis of its records). Winner is solely responsible for complying with all applicable subscription terms and conditions.
Only one (1) Prize per person will be awarded; no Eligible Entrant may win or be awarded a Prize under more than one (1) Category. No prize substitutions or transfer of prizes permitted except at the sole discretion of the Sponsor. All other costs are the responsibility of the individual winners.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE RULES, YOU ACKNOWLEDGE THAT YOU ARE ENTERING THIS COMPETITION ON BEHALF OF THE EBAY BUSINESS TO WHICH YOU ARE ASSOCIATED AND, WHERE APPLICABLE, SHOULD YOU BE DECLARED A WINNER IN ANY OF THE CATEGORIES OF THIS COMPETITION, THE APPLICABLE PRIZE SHALL BE AWARDED TO THE EBAY BUSINESS OR TO YOU AS A REPRESENTATIVE OF SUCH EBAY BUSINESS AND NOT TO YOU PERSONALLY. FOR GREATER CERTAINTY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOULD YOU NO LONGER BE ASSOCIATED WITH THE SAID EBAY BUSINESS, YOU SHALL HAVE NO CLAIMS WHATSOEVER IN RESPECT OF THE PRIZE. YOU AND THE EBAY BUSINESS TO WHICH YOU ARE ASSOCIATED ARE RESPONSIBLE FOR THE REPORTING AND PAYMENT OF ANY TAXES RELATING TO THE APPLICABLE PRIZE.
8. Personal Information:
9. Releases/Limitations of Liability:
By entering this Competition, the Eligible Entrants agree to accept and abide by the Rules and Policies and to release, indemnify and hold harmless the Released Parties from and against any injuries, losses, damages, claims, actions, or any liability of any kind resulting from their participation in the Competition. Released Parties are not responsible for errors in any Competition materials; for mass Entries, automated Entries, Entries submitted by third parties, and any Entries that are lost, misdirected, incomplete, fraudulent, illegible, unidentified, 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. Released Parties 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 the operation of the Competition or any transmission in connection with the Competition; (c) any communications line failure, theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or technical malfunction of, any telephone network or lines, computer online systems, servers or providers, computer equipment, software, viruses or bugs, or failure of email which may occur for any reason whatsoever, including technical problems or traffic congestion on the Internet or at any website or combination thereof; (e) garbled transmissions or miscommunications; (f) failure of any email or other information to be received, captured or recorded for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or other technical incompatibility; (g) any damage to an Eligible Entrant's computer or other equipment, system, software or any combination thereof, as a result of their participation in this Competition or from downloading any material from the Competition Website or elsewhere; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise; (i) technical, pictorial, typographical or editorial errors or omissions contained herein; (j) anyone being incorrectly and/or mistakenly identified as a winner or eligible winner; and/or (k) any combination of the above.
10. General Conditions:
All decisions of the Sponsor with respect to any aspect of this Competition, including without limitation the eligibility of Entries, are final and binding without right of appeal on all Eligible Entrants in all matters as they relate to this Competition. Entries that have been tampered with or altered are void. If for any reason, in the sole and absolute discretion of the Sponsor, 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 or to amend these Rules, in whole or in part, without notice or obligation, subject only 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 https://announcements.ebay.ca. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors in any materials, including, but not limited to, these Rules. Sponsor reserves the right at its sole and absolute discretion to disqualify any individual who tampers or attempts to tamper with the entry process, the operation of the Competition and/or the Competition Website, violates the Rules or any Policies, or acts with intent to annoy, abuse, threaten or harass any other person. Any attempts to deliberately damage any web site associated with this Competition 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 reserves the right to seek remedies and damages to the fullest extent of the law. 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. The Competition is subject to all applicable federal, provincial and municipal laws and regulations. Void where prohibited. Sponsor's failure to enforce any term of these Rules or Policies shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Rules/Policies shall not affect the validity or enforceability of any other provision. If any provision of the Rules/Policies is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. In the event of a dispute, as to the identity of the person who submitted an Entry, the authorized account holder of the email address submitted at entry will be deemed to be the Eligible Entrant. The "authorized account holder" is the natural person assigned an email address by an access provider, service provider, or other person or organization responsible for assigning an email addresses for the account associated with the submitted address. An entrant may be required to show proof of being the authorized account holder associated with the Entry in question.
ANYONE DEEMED BY THE SPONSOR TO BE IN VIOLATION OF THE SPONSOR’S INTERPRETATION OF THE LETTER AND/OR SPIRIT OF THESE RULES FOR ANY REASON IS SUBJECT TO DISQUALIFICATION IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSOR AT ANY TIME.
The Sponsor reserves the right, in its sole and absolute discretion, and without prior notice, to adjust any of the dates and/or timeframes stipulated in these Rules, to the extent deemed necessary by the Sponsor, for purposes of verifying compliance by any entrant or Entry and/or other information with these Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Competition as contemplated in these Rules, or for any other reason. In the event of any discrepancy or inconsistency between the terms and conditions of these English Rules and disclosures or other statements contained in any Competition-related materials; the terms and conditions of these English Rules shall prevail, govern and control to the fullest extent permitted by law.
In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Rules shall otherwise remain in effect and shall be construed in accordance with the terms as if the invalid or illegal provision were not contained herein. To the fullest extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of participants, Sponsor or any of the other the Released Parties in connection with the Contest will be governed by and construed in accordance with the domestic laws of the Province of Ontario and the federal laws of Canada applicable therein.
11. Québec Residents Only:
Any litigation respecting the conduct or organization of a publicity contest 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 board only for the purpose of helping the parties reach a settlement.
The Sponsor of this Competition is eBay Canada Limited, with a registered office at 240 Richmond St. West, Suite 02-100, Toronto, Ontario, Canada (the "Sponsor").
Pour obtenir le réglement officiel en français allez à: https://pages.cafr.ebay.ca/eoy/rules.html.