The Breakthrough Awards (the "Awards") is run by The OpenSky Project, Inc. ("OpenSky”) and is governed by the following terms and conditions (“Awards Terms”). For purposes of the Awards, each qualifying business that is nominated during the Awards will be called an "Awards Entry." NO PURCHASE NECESSARY. MAKING A PURCHASE FROM OPENSKY OR ITS PARTNERS DOES NOT INCREASE CHANCES OF WINNING.
Subject to these Awards Terms you must be at least 18 years of age, a legal resident of the United States or District of Columbia, and own (or be authorized by the owner of) a for-profit small business with annual revenue of $10 million or less in the United States or District of Columbia at the time of entry into the Awards and at the time winners are chosen, to be eligible for the Awards. OpenSky will have the right at its sole discretion to determine whether an entrant is eligible for the Awards. OpenSky may disqualify, at its sole discretion, Awards Entries (including, without limitation, content submitted in connection therewith) that (a) are in violation of third party rights or law or regulation, or (b) use inappropriate or explicit language or images, or display content that OpenSky otherwise finds objectionable or inconsistent with OpenSky's brand image, goodwill, or Terms and Conditions and other policies. The Awards will open on May 1, 2013. All entries and votes must be made by 12:01 AM EST on May 31, 2013 (the “Entry Period”). Entrants may need to provide additional written information to OpenSky to qualify for a prize. One winner for each prize outlined at sbbreakthrough.com and in the Prizes section below will be chosen and announced by June 30, 2013. Winners will be notified via phone and/or email.
Entrants may register for the Awards by providing the required information located in the entry form on sbbreakthrough.com
During Entry Period, visitors to sbbreakthrough.com will be able to nominate and vote for the their favorite entrants. After the conclusion of the Entry Period (during the first week of June, 2013), OpenSky will tabulate the top twenty five (25) entrants by number of votes received. OpenSky retains the right to disqualify any votes in its sole discretion. During the third week of June 2013, OpenSky and its partners will choose the winning entrants, which shall be determined in OpenSky and its partners’ sole discretion. OpenSky shall announce all winners of the Awards by June 30, 2013 and may post a winner list at sbbreakthrough.com after confirmation of all winners is complete.
One eligible Grand Prize winner will be selected by OpenSky and will receive $5,000. Delivery will take place via mail by August 31, 2013.
Five (5) eligible winners will be selected by OpenSky and receive the following package of goods and services: a minimum of one hour of consultation/business advisory time with an OpenSky specialist to open a retail store on OpenSky.com; a photo shoot of no more than 5 pieces of merchandise; be a "featured merchant" on OpenSky a minimum of one (1) time, one time promotion in social (i.e. Facebok or Twitter) or email channels; three (3) business advisory meetings with relevant OpenSky experts: The time should focus on business-related topics, such as your business strategy/challenges or ways to grow your business or improve your business operations. These consulting sessions may occur over the phone, via video conference (e.g. Skype), or in person, depending on the preference of the OpenSky expert. Timing is subject to the availability of the OpenSky expert, but all sessions must take place by December 31, 2013. Each winner will be contacted by an OpenSky representative who will work with them and the relevant OpenSky expert(s) to schedule advisory sessions. OpenSky experts will be matched with the winner based on the business subject that will be addressed (i.e. marketing challenges will be addressed by an OpenSky marketing expert).
One (1) eligible prize winner will be selected by OpenSky and receive an ecommerce discovery audit and one hour of consultation/business advisory time to discuss the audit and their ecommerce business with an expert from Dotbox, Inc. These consulting sessions may occur over the phone, via video conference (e.g. Skype), or in person, depending on the preference of the Dotbox, Inc. expert. Timing is subject to the availability of the Dotbox expert, but the ecommerce audit and all sessions must take place by December 31, 2013. The winner will be contacted by a Dotbox representative who will work with them to coordinate and schedule the ecommerce audit and advisory session.
One (1) eligible prize winner will be selected by OpenSky and receive the following from Dwolla, Inc.: either one (1) Apple iPod touch loaded with the Dwolla app (if the winner is a business with a physical retail location) or assistance from the Dwolla technical team with integrating the Dwolla API including creation of any buttons or plugins needed (if the winner is a business with web or mobile retail operations. In addition the winner will receive a consultation session with a Dwolla expert on setting up and maximizing the use of Dwolla to benefit their business. The consulting session may occur over the phone, via video conference (e.g. Skype), or in person, depending on the preference of the Dwolla expert. Timing is subject to the availability of the Dwolla expert, but the delivery of the prize and the consultation session must take place by December 31, 2013. The winner will be contacted by a Dwolla representative who will work with them to coordinate and schedule the delivery of the prize and consultation session.
One (1) eligible prize winner will be selected by OpenSky and receive the following from Edison Nation, Inc.: One (1) Insider membership for one (1) year, one (1) free subscription to Inventor's Digest for one (1) year. In addition the winner will receive a consultation session with an executive at Edison Nation expert on product development and patent filing and protection. The consulting session may occur over the phone, via video conference (e.g. Skype), or in person, depending on the preference of the Edison Nation executive. Timing is subject to the availability of the Edison Nation executive, but the delivery of the prize and the consultation session must take place by December 31, 2013. The winner will be contacted by an Edison Nation representative who will work with them to coordinate and schedule the delivery of the prize and consultation session.
One (1) eligible prize winner will be selected by OpenSky and receive the following from Mad Mimi, LLC: One (1) “Pro” email plan for one (1) year at no cost to the winner. Delivery of the prize must take place by December 31, 2013. The winner will be contacted by a Mad Mimi representative who will work with them to coordinate and schedule the delivery of the prize.
One (1) eligible prize winner will be selected by OpenSky and receive the following from ShopKeep POS: One (1) year free license of ShopKeep POS software as a service and ClearInsight™ Reports. ShopKeep POS will also provide one (1) Hardware Essentials Package, which will include the following: one (1) iPad 2nd Generation 16G Wi-Fi, one (1) iDynamo, one (1) Heckler Design WindFall iPad stand, one (1) Star Receipt Printer, one (1) APG Cash Drawer. In addition the winner will receive a consultation session with a ShopKeep POS executive on setting up and maximizing the use of ShopKeep POS to benefit their business. The consulting session may occur over the phone, via video conference (e.g. Skype), or in person, depending on the preference of the ShopKeep POS executive. Timing is subject to the availability of the ShopKeep POS executive, but the delivery of the prize and the consultation session must take place by December 31, 2013. The winner will be contacted by a ShopKeep POS representative who will work with them to coordinate and schedule the delivery of the prize and consultation session.
One (1) eligible prize winner will be selected by OpenSky and receive the following from Xero, Inc.: A Medium Business Plan for one (1) year at no charge to the prize winner. In addition the winner will receive a consultation session with a Xero executive on setting up and maximizing the use of Xero to benefit their business. The consulting session may occur over the phone, via video conference (e.g. Skype), or in person, depending on the preference of the Xero executive. Timing is subject to the availability of the Xero executive, but the delivery of the prize and the consultation session must take place by December 31, 2013. The winner will be contacted by a Xero representative who will work with them to coordinate and schedule the delivery of the prize and consultation session.
If you accept a prize, you will be solely responsible for all applicable taxes related to accepting such prize.
OpenSky, Dotbox, Inc., Dwolla, Inc., Edison Nation, Inc., Mad Mimi, LLC., Shopkeep.com, Inc., and Xero, Inc. shall be collectively referred to herein as the “Prize Providers.”
By submitting an Awards Entry or accepting any prize, you represent and warrant the following: (a) you will not submit content that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property rights or other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the content and to grant OpenSky and the Prize Providers all of the rights granted herein; (b) you will not publish falsehoods or misrepresentations that could damage OpenSky, the Prize Providers or any third party; (c) you will not submit content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or destructive to OpenSky's or the Prize Providers’ brand image or goodwill; (d) you will comply with all applicable laws, rules and regulations in conjunction with entering and participating in the Awards; and (e) you have all necessary and sufficient rights to enter and participate in the Awards.
By entering and participating in the Awards, you grant OpenSky and the Prize Providers the right to anonymously announce the winners and link to your websites on its blog, via social media and other online channels. OpenSky and the Prize Providers may use images owned by any Awards winners for any publicity or marketing purposes. OpenSky will not share your email address with any external parties, except those recognized as partners of The Small Business Breakthrough. OpenSky's Privacy Policy will apply to the Awards and to all information that OpenSky receives from your Awards Entry.
By entering the Awards, you agree to be bound by these Awards Terms. To the maximum extent permitted by law, OpenSky reserves the right to change these Awards Terms at any time. OpenSky reserves the right to cancel, suspend and/or modify the Awards, or any part of it, if any fraud, technical failures or any other factor beyond OpenSky’s reasonable control impairs the integrity or proper functioning of the Awards, as determined by OpenSky in its sole discretion. You further agree to be bound by the decisions of OpenSky and the judges, which shall be final and binding in all respects. OpenSky reserves the right, at its sole discretion, to disqualify any individual that tampers or attempts to tamper with the Awards Entry process or the operation of the Awards or web site; violates the Awards Terms; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
YOU AGREE THAT OPENSKY, THE PRIZE PROVIDERS AND EACH OF THEIR SUBSIDIARIES AND AFFILIATED COMPANIES AND ALL THEIR ADVERTISING AND PROMOTION AGENCIES WILL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THIS AWARDS AND, YOU SHALL HOLD THEM HARMLESS FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND THAT YOU OR OTHERS MAY INCUR AS A CONSEQUENCE OF YOU PARTICIPATION IN THE AWARDS OR YOUR ACCEPTANCE, USE OR MISUSE OF A PRIZE. BY ENTERING THE AWARDS, YOU EXPLICITLY RELEASE, DISCHARGE AND HOLD HARMLESS OPENSKY, THE PRIZE PROVIDERS AND ALL THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES, ONE AND ALL (COLLECTIVELY, "RELEASED PARTIES"), FROM ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTION, DAMAGES, ACTUAL, INCIDENTAL OR CONSEQUENTIAL, CLAIMS AND DEMANDS WHATSOEVER IN LAW OR EQUITY, INCLUDING ATTORNEYS' FEES AND/OR EXPERTS FEES AND COSTS, WHICH YOU NOW HAVE OR MAY ACQUIRE, BY REASON OF ANY PERSONAL INJURY, DEATH, LOSS OR DAMAGE TO PROPERTY, OR ANY REASON, OCCURRING DURING OR ARISING OUT OF YOUR PARTICIPATION IN THE AWARDS AND THE ACCEPTANCE AND USE OR MISUSE OF A PRIZE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE AWARDS OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. YOU FURTHER ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE (EXPRESS OR IMPLIED, IN FACT OR LAW) IN CONNECTIONS WITH ANY PRIZE OR THE USE OR ENJOYMENT OF SUCH PRIZE. ALL PRIZES ARE AWARDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY SORT, EXPRESS OR IMPLIED. ALL WinnerS will indemnify THE Released Parties against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these AWARDS terms.
If any provision of these Awards Terms are held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. OpenSky reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Awards or to be acting in violation of these Awards Terms. The Awards are governed by and shall be construed under the laws of the State of New York, U.S.A., without regard to the conflicts of law provisions therein. All disputes in connection with the subject matter of these Awards Terms will be determined by the state or federal courts located in New York County, New York. These Awards Terms set forth the entire agreement, and supersede any and all prior agreements of the parties with respect to the subject matter hereof. No change, modification or waiver to these Official Awards Terms will be effective against OpenSky unless in writing and signed by OpenSky.