2022 Kapitus Business Consulting Contest
NO PURCHASE NECESSARY
Kapitus’s Building Resilient Businesses Contest (the “Contest”) is sponsored by: Strategic Funding Source, Inc. d/b/a Kapitus (referred to hereinafter as “Kapitus” or “Sponsor”). Sponsor and its affiliates, and any other companies or agencies associated with the Contest (such as advertising, promotion, prize providers, fulfillment or judging agencies), together, hereinafter will be referred to as the “Contest Entities.”
Participation in the Contest constitutes the entrant’s (“Entrant” or “you” or “your”) full and unconditional agreement and acceptance of these Official Rules including the decisions and interpretations of the Contest Entities, which are final on all matters relating to the Contest. Any Entrant who violates these Official Rules will be subject to disqualification at the sole discretion of Sponsor. The Contest Entities also reserve the right to disqualify any person for behavior that is, at theContest Entities’ sole discretion, considered outside the bounds of appropriate behavior relating to the Contest.
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THE CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. There is a maximum of one (1) entry per person and a limit of one (1) prize per person.
2. ELIGIBILITY: The Contest is open to residents of theUnited States and the District of Columbia, with the exception of Colorado and Vermont, 18 years of age or older at time of entry. The Contest is void in Colorado, Vermont, and where prohibited by law. Employees and agents of Kapitus, and its present and future direct and indirect parents, affiliates, successors, partners, and subsidiaries (“Employee(s)”) are not eligible to participate. The immediate families or household members of Employees are NOT eligible to participate. TheContest is governed by U.S. law, is subject to all applicable federal, state, and local laws and regulations, and is void where prohibited or restricted by law or regulations.
Entrants must also meet the following requirements:
• Entrant must be a primary owner of the business, having at least 51% ownership;
• The business must be located in the United States;
• The business’s annual revenue in 2021 must be below $5Million;
• The business must have generated some revenue thus far in 2022. There is no minimum revenue amount required.
• The business must have been in operation for at least one year as of 5/1/2022.
• The business must have a business checking account.
• Entrant and any other business owners must not have any outstanding child support obligations.
• Entrant and any other business owners must not have a criminal conviction for a violent crime, a financial crime, or a crime of moral turpitude. It is entirely within Kapitus’s discretion to determine whether a crime is a crime of moral turpitude.
These eligibility requirements must be proven to Sponsor’s satisfaction.
3. HOW AND WHEN TO ENTER: To enter the Contest, entrant must do the following:
• Visit the Contest page at https://www.kapitus.com/brb
• Complete an online form, providing the below information:
o Contact Name;
o Contact Email;
o Contact Phone;
o Business DBA name;
o Business Physical Address;
o Business Mailing Address;
o Business Website (if applicable);
o Business Industry; and
o Annual Revenue for 2021.
• Submit an application video no more than 2 minutes in length that addresses the following:
o Entrant’s business story (can include, but is not limited to, why the entrant started the business, whom the business serves, how the entrant contributes to their community)
o What the prize money would mean for the entrant/how the entrant plans to use the prize money.
The Contest begins at 6:00 AM, Pacific Daylight Time(“PDT”) on May 2, 2022 and ends at 7:00 AM PDT on 8/23/2022 (“the Contest Period”). Only one (1) entry per person is allowed for the entire Contest Period; duplicate entries by the same individual will be disqualified. If a person enters more than one (1) time, all entries from such individual may be disqualified. All entries become the property of Sponsor and will not be returned. In the event of a dispute over the identity of an Entrant, entry will be deemed submitted by the authorized account holder of the email address submitted at the time of entry.
Video files must be uploaded in AVI, MOV, WMV, MP4, MPEG, FLV, 3GP, or 3G2format with a maximum file size of 300 MB and should be no longer than two (2) minutes. Sponsor reserves the right to accept entries with minor differences in length based upon a clear intent to comply with these Official Rules.
Video files must be taken by Entrant and with the permission of any individuals appearing in the videos (or if Entrant is appearing in the video, taken at Entrant’s direction and with Entrant’s permission) and must be non-professional, original, unpublished, and may not have previously won any prize or award or been an entry into any of Sponsor’s previous contests. Videos must not: (a) feature or reference third-party trademarks, logos or other intellectual property, including, without limitation, on clothing in any way that would violate the rights of others if used in advertising or any other commercial context; (b) contain any infringing use of copyrighted works, including, without limitation, music(unless created, owned and/or licensed by the Entrant); (c) contain vulgar, obscene or indecent language or behavior; (d) defame, libel or otherwise violate the rights of any third party; (e) violate any federal, state or local laws or ordinances; or (e)be offensive, dangerous, disparaging, lewd or otherwise inappropriate in any way as determined by the Sponsor in its sole discretion. Videos must keep with the Sponsor’s image and videos that are, in Sponsor’s sole discretion, inappropriate, not in keeping with Sponsor’s image or that are otherwise not in compliance with these Official Rules may be disqualified. Video submissions entered into the Contest may be posted on the Sponsor’s website and therefore, should not contain any information that Entrant would not want made publicly available. Sponsor reserves the right to pre-screen entries and remove (or not post) any material it deems inappropriate.
• Stage 1: Internal Review & Shortlisting
• Stage 2: Eligibility Verification
• Stage 3: Public Vote.
Stage 1 – How It Works
• Sponsor will build a volunteer, cross-department (from all departments in the company), internal review committee.
• The committee will consist of 10-20 individuals, depending on the number of submissions received. The more submissions received, the larger the committee will be to ensure timely review.
• Using the contest management platform, Votigo, there will be 1 judging round in stage 1 to determine a list of 15 finalists that will move on to the Stage 2 Public Vote.
o Weighted Assessment Rating – Applications will be judged according to the following criteria:
▪ Storytelling – 50%
▪ Creativity – 10%
▪ Enthusiasm and Passion portrayed – 15%
▪ Brief discussion/statement of what the prize money would mean to the entrant/how winnings will be used – 25%
o Tie Breaker: If round 1 does not indicate 15 clear finalists (i.e. more than 15 submissions received the same top score), finalists will be selected based on their previous scores for the criteria at new weighted averages:
▪ Storytelling – 50%
▪ Brief discussion/statement of what the prize money would mean to the entrant/how winnings will be used – 50%
o If the Tie Breaker still does not indicate 15 clear winners, finalists will be chosen through a random drawing from the pool of applicable candidates.
Stage 2 – How It Works
• In order to proceed to the next round of voting and to confirm eligibility, all Finalists will be required to:
o Submit a copy of the business’s 2021 business tax returns
o Provide a voided check from the business checking account
o Permit Kapitus to conduct a background check on all owners of Finalist businesses
o Permit Kapitus to conduct a soft credit pull of all owners of Finalist businesses; a soft credit pull will not impact one’s credit score
• Finalists will have one week (7 days) to provide required documentation
• Kapitus will review submitted documents to verify finalists meet all eligible criteria
• If a finalist does not submit acceptable documentation by the deadline, that finalist will be deemed ineligible to continue participating in the contest and disqualified.
• Any finalist spots that are opened due to inability to verify eligibility/disqualification will be filled by the next highest-ranking applicant who will then have 72 hours (3 days) to provide required documentation.
• Kapitus reserves the right to move forward with the contest even if all 15 finalist positions have not been filled.
Stage 3 – How It Works
• Stage 2 will consist of a public vote via social channels and email.
• The 15 finalists will be required to solicit their own votes. Each finalist will be given a unique URL to share on their social channels and via email to accomplish this.
• Sponsor will assist in vote solicitation through profiles on our blog and spotlighting each business on Sponsor’s social media channels.
• Finalists will have 22 days to solicit votes.
• At the end of the 6 weeks the entries with the most votes will be the winners.
Public Vote Tiebreaker – How It Works
• In the event there is a tie, based on the number of public votes, the winner of the top prize will be chosen based on the highest score from round 1, with the applicant with the highest score from round 1 winning the $100,000 prize and the other tied applicants taking up the winning spots for the $50,000 and $20,000 prizes.
• In the event there is a tie, based on the number of public votes, the winner of the 2nd place prize will be chosen based on the 2nd highest score from round 1, with the applicant with the 2nd highest score from round 1 winning the $50,000 prize and the other tied applicants taking up the winning spots for the $20,000 prizes.
• If there are more than 7 tied applicants for the top prize, thewinners of all 7 prizes will be determined based on the highest scores from round 1.
• In the event of a tie, based on the number of public votes, the winners of the five (5) $20,000 prizes, will be those applicants who received the highest scores from round 1 until all awards have been exhausted.
• In the event that a tie still exists after combining the round 1 voting scores with the public vote, the winners for those respective prizes will be randomly drawn.
Public Voting Limitations
Limit one vote per person and per email address.
• Any attempt by any voter to submit more than the stated number of votes by any means, including but not limited to using multiple/different email addresses, social media accounts, identities or any other method, will void that person’s votes, and that voter may be disqualified from further voting or other participation in the Contest or any future promotions offered by Sponsor.
• Use of any automated system to vote is prohibited, as is the use of voting or contest clubs, services, or organizations of any kind, or offering rewards or other valuable inducements to others to vote, or any other action, as determined by Sponsor in its sole discretion, that is inconsistent with receiving an honest picture of the public’s genuine opinion of your entry.
• Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected votes.
5. PRIZES: A total of six (6) prizes will be awarded. The prizes will consist of a lump sum of cash and a consulting package. There will be one (1) Big Winner and five (5)Honorable Mentions (collectively referred to as “Winners”).
• 1st Place (1) – $100,000
• 2nd Place (1) – $50,000
• 3rd Place (5) – $20,000
Consulting Prizes – Each of the 7 winners will be able to select an 8-hour consulting package to go along with their monetary prize. They will be able to select a consulting package from the below options:
• Digital marketing and marketing analytics
• Financial document review
• Data analysis and market research
The verifiable retail value of the Consulting Prize is $800.
Winners are responsible for all federal, state, and local taxes and all other costs and expenses associated with prize acceptance and use not specified herein as being awarded and other expenses or costs relating to the prize not expressly set forth above. No transfer of prize is permitted by Winners. Sponsor reserves the right, at its sole discretion, to substitute a prize (or portion thereof) with one of comparable or greater value if any advertised prize becomes unavailable. All prize details are at Sponsor’s discretion. Unclaimed or rejected prizes will not be awarded. Sponsor will arrange for delivery of prize to the Winners depending on the location of each Winner.
6. WINNER NOTIFICATION/VALIDATION: Winner will be chosen and notified by email, telephone, and/or overnight delivery on or around August 29, 2022. Winner will have ten (10) days from notification to respond. All potential Winners are subject to verification at the sole discretion of Sponsor. Unless otherwise prohibited, the Winner and any individual(s)appearing in any entry video may be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release within ten (10) days of notification attempt. Failure to comply when requested may result in disqualification and selection of alternate winner. The Contest Entities are not responsible for lost, late, stolen, misdirected, delayed, or damaged mail or notifications.
7. REPRESENTATIONS AND WARRANTIES: Entrant represents and warrants that: (a) they are the sole and exclusive owner of all rights to the video submitted as part of the entry process, including without limitation any and all copyrights therein, and each video is free of any adverse claim by any person or entity; (b) the video does not infringe or violate the copyright, literary, privacy, publicity, trademark, service mark, trade name, trade secret, intellectual property right, any other common law or statutory right, or any other personal or property right of any person or entity; (c) the video will not constitute a libel or defamation of any third party; (d) the video does not contain any material that otherwise violate any criminal prohibition or the personal or proprietary rights of any person or entity; and (e) the video does not violate any federal, state, or local laws or ordinances.
8. GRANT OF RIGHTS: Entrant and each individual appearing in any entry video grant to the Contest Entities a worldwide, royalty-free, non-exclusive, sub licensable, unconditional, perpetual and transferable right and license to use the video for any advertising, promotional, or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute the video in any media format or medium and through any media channels (now known or hereafter developed). By accepting a prize, each Winner irrevocably consents to the use of such Winner’s name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, and statements relating to the Contest or Sponsor, without further compensation, in all worldwide marketing, promotion, and publicity carried out in perpetuity by the Contest Entities in connection with this Contest. In addition, Winner also agrees to participate in on-going marketing initiatives relating to the contest with Kapitus for up to 18 months after receiving the award. These activities can include, but are not limited to, interviews (via zoom, email, or phone), video production at the business site, case studies, and social media postings.
9. INDEMNIFICATION: Entrant hereby agrees to defend, indemnify and hold harmless the Contest Entities and their present and future direct and indirect parents, affiliates, successors, partners, subsidiaries, officers, employees, directors, agents, licensors, licensees, distributors, retailers, advertising and promotion agencies, and the immediate families or household members of each, and all others associated with the development and execution of this Contest (collectively the “Sponsor Affiliates”) against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by the Entrant of any provision of this document, including, without limitation, Entrant’s representations and warranties.
10. RELEASE OF LIABILITY: By participating, Entrant releases Sponsor Affiliates, all others associated with the development and execution of this Contest, and Facebook, Instagram, Twitter, LinkedIn, YouTube, and Votigo from and against any and all injury, loss, or damage caused or claimed to be caused by their participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of any prize, and Entrant agrees that these entities are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the promotion and/or the awarding of any prize.
11. GENERAL: All federal, state, and local laws apply. By participating, Entrants agree to be bound by: (a) these Official Rules, including all eligibility requirements, and (b) the decisions of the Contest Entities, which are final and binding in all matters relating to the Contest. The Contest Entities are not responsible for: (a) lost, late, misdirected, damaged, garbled or illegible entries; (b) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (c) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in the Contest. Sponsor reserves the right to permanently disqualify from this Contest any person it believes has violated these Official Rules. Sponsor reserves the right to terminate, cancel, suspend and/or modify the Contest if any fraud, virus, or other problem corrupts the administration, security, or proper play of the Contest, as determined by Sponsor in its sole discretion. If the Contest is terminated before the end date/time, Sponsor will determine the Winner from all eligible entries received as of the termination date/time. If any such malfunction, error, disruption, or similar damage occurs and impairs the administration, security, fairness, integrity or proper play of the Contest, Sponsor may, in its sole discretion, suspend or terminate the Contest by posting a notice https://www.kapitus.com/brb
12. DISCLAIMERS: Under no circumstances, including negligence, will any of Sponsor Affiliates be liable for any direct, indirect, incidental, special or consequential damages, including without limitation, property damage, personal injury and/or death, resulting from participation in the Contest or acceptance, use or misuse of any prize. By entering the Contest you agree that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Contest, or any prizes awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in noevent attorney’s fees; (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses; and (d) these Official Rules and all disputes shall be governed by the laws of the state of Virginia, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the state or federal courts in the state of Virginia, and you expressly consent to the jurisdiction of said courts and waive any objection thereto.
13. WINNER’S LIST: For a full list of Winners, please send a self-addressed, stamped envelope to Kapitus, Attn: The “Kapitus Building Resilient Businesses Contest” Contest Winner List, 2500 Wilson Blvd., Ste. 350, Arlington, Virginia 22201. Requests must be received by October 10, 2022.
14. SPONSOR OF CONTEST: Strategic Funding Source, Inc. d/b/a Kapitus, 2500 Wilson Blvd., Ste. 350, Arlington, Virginia 22201