Big Break for Small Business 2012 from American Express OPEN and Facebook

Facebook OPEN Big Break for Small Business Contest

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

Facebook OPEN Big Break for Small Business Contest (the "Contest") starts on June 19, 2012 at 9:00AM Eastern Time (“ET”) and ends on July 15, 2012 at 11:59PM ET ("Contest Entry Period")
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ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States and District of Columbia, who are of legal age of majority in their jurisdiction of residence (and at least 18) and who are owners of a for-profit small business with $10 million in annual revenue or less. Please note: Owners of small business that sell or promote any of the following are not eligible to enter or win: pharmaceuticals, drugs, drug paraphernalia, pornography or sexual aids, diet aids, gambling, liquor, tobacco or firearms/weapons. In addition, any small business that has been featured in any American Express OPEN advertising in the twelve (12) months prior to the start of the Contest or was a finalist and/or winner of the 2011 Facebook OPEN Big Break or My Business Story contests is also not eligible to enter or win. Entities that are tax-exempt organizations, non-profits or charitable trusts are not eligible to participate. Employees of American Express Travel Related Services Company, Inc. ("Sponsor"), Facebook, Inc., and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are also not eligible to enter or win. Eligibility will be determined by Sponsor in its sole and absolute discretion. Please note: Sponsor reserves the right to conduct a background check of any and all records of Semi-Finalists (as defined below), including, without limitation, civil and criminal court records and police reports, and entry in the Contest constitutes entrant’s permission for Sponsor to conduct such background check, provided that, to the extent additional authorization is necessary under law, Semi-Finalist shall authorize such check. Sponsor reserves the right, at its sole discretion, to disqualify any Semi-Finalist that fails to authorize such check or if, based on the results of the background check, Sponsor determines in its sole discretion that awarding a prize to such Semi-Finalist (if selected as Finalist or a Grand Prize winner (both as defined below)) might reflect negatively on Sponsor. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.

HOW TO ENTER: During the Contest Entry Period, visit the American Express OPEN Page on Facebook or the Small Business Saturday Page on Facebook, click on the Big Break Tab and follow the directions provided to complete the entry form, answer the questions and upload up to three (3) photographs (“Entry”). The photographs should be of you and of you working in your place of business. Photos must be submitted in .PNG, .JPG, or .GIF formats and cannot exceed 4 MB. All Entries must be received by 11:59PM ET on July 15, 2012 to be considered. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Limit one (1) Entry per person/email address/small business. If you have more than one (1) small business, you are permitted to submit a separate Entry for each small business; however, only one (1) Entry can become a Semi-Finalist. Entries received from any
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person/email address/small business in excess of the stated limitation will be void. All Entries become the sole property of the Sponsor and will not be returned.

ADDITIONAL ENTRY RESTRICTIONS: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:

• promotes pharmaceuticals, politics, pornography, sexual aids, diet aids, gambling or that address any sensitive topic with respect to current events; 
• is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; 
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; 
• is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries; defames, misrepresents or contains disparaging remarks about other people or companies; 
• contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission, to the extent permission is necessary; 
• contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission, to the extent permission is necessary; 
• contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; 
• contains look-alikes of celebrities or other public or private figures, living or dead; 
• communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or violates any law.

Entry must be the original work of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein. Sponsor reserves the right to disqualify any Entry it determines, in its sole discretion, does not comply with these Official Rules.


WINNER DETERMINATION: The Contest will consist of two (2) phases to determine the winners: (i) Judging Phase and (ii) Voting Phase. The ten (10) Finalists (as defined below) selected through the Judging Phase must be available between July 30, 2012 and August 17, 2012 to be interviewed by phone and/or video by Sponsor. Finalists will be asked to provide Sponsor with photographs, key dates, customer testimonials in written form, audio voice over and/or video footage (collectively, “Finalist Materials”). The phone and/or video interview will be taped and used for the audio voice over and, along with the other Finalist Materials, made into a “Video Entry” (as described more fully below) by Sponsor and posted on the OPEN Fan Page on Facebook and other American Express online channels during the Voting Phase to determine the potential Grand Prize winners. Judging Phase: Initial Judging: A panel of qualified judges will determine the top fifty (50) Entries (“Semi-Finalists”) (as determined by Sponsor) from among all eligible Entries received based equally on the following criteria: (i) entrant’s commitment to his/her own business and growth, (ii) overall social media need where Facebook could help to improve his/her business, (iii) energy and enthusiasm for his/her small business and (iv) efforts to engage with and give back to their community as expressed in Entry (the “Judging Criteria”). In the event of a tie, the judges will determine the Semi-Finalist(s) by re-judging the tied Entries based on the Judging Criteria. Sponsor reserves the right to select fewer than fifty (50) Semi-Finalists if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Semi-Finalist Interviews: Potential Semi-Finalists will each be contacted by a Sponsor representative via phone to verify eligibility and to be interviewed and judged by the Sponsor representative using the Judging Criteria. In addition, the Sponsor representative will confirm Semi-Finalist is available between July 30, 2012 and August 17, 2012 to be interviewed by phone and/or video by Sponsor if determined to be a Finalist (as defined below). Each Semi-Finalist must also confirm that if selected as a Grand Prize winner that he/she will be available for two (2) days between September 10, 2012 and September 30, 2012 for the visit from Facebook and American Express OPEN (as described more fully in the prize section below). Any Semi-Finalist who is not available to be interviewed by phone and/or video or for the two (2) day visit during the respective dates will be disqualified and, at Sponsor’s discretion, an alternate winner may be contacted. Failure to respond to Sponsor’s initial notification within forty-eight (48) hours of such notification or Semi-Finalist’s noncompliance with these Official Rules will also result in disqualification and, at Sponsor’s discretion, an alternate winner will be contacted. Each Semi-Finalist will be judged during his/her phone interview by the Sponsor representative on the Judging Criteria. The ten (10) Semi-Finalists receiving the highest scores, as determined by Sponsor in its sole discretion, will be deemed “Finalists” and advance to the Voting Phase. In the event of a tie, the Semi-Finalist(s) from among those tied receiving the highest score(s) in the Initial Judging will be deemed the Finalist(s). Sponsor reserves the right to advance fewer than ten (10) Finalists to the Voting Phase if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Semi-Finalists. Finalist Notification: Potential Finalists will be notified on or about July 30, 2012 by telephone, mail and/or email and required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor and/or prize supplier, which must be returned within forty-eight (48) hours of date appearing on notification. Return of any notification as undeliverable, failure to respond to Sponsor’s initial notification within the time period specified in such notification, failure to sign and return all requested documents within the specified time period(s), the inability of Sponsor to contact a potential Finalist within a reasonable time period or noncompliance with these Official Rules by any potential Finalist will result in disqualification and, at Sponsor’s sole discretion, a runner-up may be notified. Video Entry Creation: A Sponsor representative will contact each Finalist to arrange a date and time for Finalist to be interviewed by phone and/or video by Sponsor in order for Sponsor to record the audio voice-over or video that will be used in the Finalist’s Video Entry. In addition, Finalists will be asked to provide photographs, key dates, customer testimonials in written form and any additional video footage to help tell their business story and to express their passion and enthusiasm for their small business. The Finalist Materials must be received by Sponsor no later than 48 hours after Finalist’s phone interview. Finalists should keep in mind that the public will be asked to vote for the small business owner who they think shows the most passion for his/her own small business and has an interest in using social media to promote his/her small business in addition to giving back to their community, as expressed in the Video Entry (“Voting Criteria”). Sponsor will edit the phone interview and use the other Finalist Materials to create the Video Entry. Finalists understand and acknowledge that they will not have approval over edits to the interview footage or the final Video Entry ultimately posted for voting and that Sponsor will have no obligation or liability to any Finalist who does not like the Video Entry made on his/her behalf. Such Finalist’s only remedy shall be to request that Sponsor remove the Video Entry and withdraw from the Contest. Each Video Entry shall be approximately the same length and shall be owned by Sponsor. Each Finalist understands that Sponsor and its designees may exploit, edit, modify, create derivatives works of, perform, post, distribute and otherwise use the Video Entry and all elements of such Video Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised (including, but not limited to, Sponsor’s pages on Facebook and Sponsor websites), in any manner, throughout the universe, in perpetuity without compensation or notification to, or permission from, entrant or any third party. Released Parties (as defined below) are not responsible for unauthorized use of Video Entries by third parties. Voting Phase: Finalists’ Video Entries will be featured on the American Express OPEN Page and the Small Business Saturday Fan Page on Facebook (and may be featured on additional Sponsor social media pages and websites) between 9:00AM ET on August 20, 2012 and 11:59PM ET on August 31, 2012 (“Voting Period”). During the Voting Period, individuals will be invited to vote for a Video Entry based on the Voting Criteria. Limit one (1) vote per person/email address per Video Entry per day during the Voting Period. Votes received from any person/email address in excess of the stated limitation will be void. Votes obtained by any fraudulent or inappropriate means, including, without limitation, trading votes and/or offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion, will be void and the associated Finalists may be disqualified. The five (5) Finalists who receive the highest number of valid votes, as determined by Sponsor, will be deemed the “Grand Prize winners,” subject to verification of eligibility and compliance with the terms of these Official Rules. In the event of a tie, a “tie-breaking” judge will determine the Grand Prize winner(s) based on the Judging Criteria. In the event that the voting process is compromised in any way, as determined by Sponsor in its sole discretion, Sponsor reserves the right to suspend voting and to select the Grand Prize winner(s) itself using the Judging Criteria. Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void. For the purpose of these rules, the Grand Prize winner and Finalists may be referred to herein collectively as “winners” and each as a “winner”. Sponsor’s and judges’ decisions are final and binding on all matters relating to this Contest.


WINNER NOTIFICATION: Potential Grand Prize winners will be notified on or about September 4, 2012 by telephone, email and/or mail and required to complete a Non-Disclosure Agreement and Release as well as any additional documents required by Sponsor and/or prize provider, which must be returned within two (2) days of date appearing on notification. Return of any notification as undeliverable, failure to sign and return all requested documents within the specified time period(s), the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in
disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up.

PRIZES: GRAND PRIZE (5): Each Grand Prize winner will receive a social media makeover package consisting of (i) a one-day in-depth OPEN Facebook strategy tutorial session in their residing city/town and (ii) a $25,000 check made payable in the name of the winner’s small business which may be used towards a social media marketing strategy or customer incentive offers Approximate Retail Value (“ARV”) of Grand Prize Package: $25,000. ARV of all prizes awarded to Grand Prize winners (including Finalist Prize): $27,500. In addition, Sponsor will organize and host an evening reception for small business owners within winners’ cities/towns. Exact details for reception will be determined by Sponsor in its sole discretion. Finally, American Express will provide a statement credit offer on a Saturday in September to American Express Cardmembers within each winner’s city/town. All details of offer will be determined by Sponsor in its sole discretion. Each winner must agree to be interviewed by Sponsor or its representative (i) before, during and after the one-day tutorial and (ii) up to one (1) year following prize award to explain how he/she used the $25,000 and $2,500 Facebook advertising credit to grow his/her small business. The one-day in-depth tutorial will be photographed, filmed or otherwise recorded by Sponsor or its representative (collectively with winner interviews, “Materials”). The Materials will be owned by Sponsor and Sponsor and its designees will have the right to post, modify, edit, stream, distribute, perform, create derivatives works of and otherwise use the Materials and all elements embodied therein, including, without limitation, any names and likenesses, in any and all media now or hereafter devised (including, but not limited to, to create videos (such as a “Behind the Scenes at Facebook” video and “How-To” videos), which may be posted on Sponsor’s Fan Page on Facebook and elsewhere), worldwide in perpetuity, without additional compensation or notification to, or permission from, a winner or any third party. FINALIST PRIZES (10): $2,500 Facebook advertising credit. A winner must follow the directions provided at time of prize award to register his/her credit. Failure to register credit as directed within 4 weeks following prize award will result on forfeiture of prize and Sponsor will have no further obligation to such winner. ARV: $2,500 each. Total ARV of all prizes in this Contest: $150,000. Facebook advertising credit is subject to Facebook’s advertising terms and conditions. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Winners may not substitute, assign or transfer a prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.

USE OF ENTRIES: By participating, each entrant grants Sponsor an irrevocable, assignable, perpetual, worldwide, royalty free, fully paid-up license to exploit, edit, modify, create derivative works of, post, perform, distribute and otherwise use his/her Entry (including any photos or videos included as attachments to the Entry) and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media, now known or hereafter devised (including, but not limited to, Sponsor’s pages on Facebook and Sponsor websites), in any manner, without compensation or notification to, or permission from, entrant or any third party.


GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge, indemnify and hold harmless Sponsor, Facebook, Inc., and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize or Released Parties’ use of any of the rights granted herein; and (c) to the use by Sponsor and its designees of his/her name, voice, performance, photograph/video, image and/or likeness for advertising, publicity and promotional purposes in any and all media, now or hereafter known, in any manner, worldwide, and in perpetuity, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion.

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries, votes or Video Entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of votes, the announcement of the prizes, the incorrect uploading of the video or photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or any website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above or as otherwise deemed fair by Sponsor. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.


DISPUTES: This Contest shall be governed by and interpreted under the laws of the State of New York, U.S.A. without regard to its conflicts of laws provisions. Entrants hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Contest or these Official Rules shall be resolved, upon the election by entrant or Sponsor, by arbitration pursuant to this provision and the code of procedures of either the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the entrant. In addition to JAMS or AAA, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by entrant and Sponsor, or to an arbitration organization or arbitrator(s) appointed pursuant to Section 5 of the Federal Arbitration Act, 9 U.S.C. Sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the restrictions on arbitration provision set forth below. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT ENTRANT WOULD HAVE IF ENTRANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. The arbitrator’s authority to resolve Claims is limited to Claims between Sponsor and entrant alone, and the arbitrator’s authority to make awards is limited to awards to Sponsor and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.

REQUEST FOR WINNERS’ LIST: For a list of winners (available after August 31, 2012), send a self-addressed, stamped, envelope by September 13, 2012 to: Facebook OPEN Big Break for Small Business Contest Winners.

Sponsor: American Express Travel Related Services Company, Inc., 200 Vesey Street, New York, NY 10285.
The contest is in no way sponsored or administered by Facebook.