The UPS Store Small Biz Salute Speed Pitch Contest OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. PLEASE READ THESE TERMS BEFORE ENTERING THE CONTEST. AS DETAILED BELOW, THESE TERMS AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. OPEN ONLY TO U.S. SMALL BUSINESS ENTITIES THAT MEET BOTH OF THE FOLLOWING CRITERIA (each a “Qualifying Business Entity”): HAVE PRINCIPAL BUSINESS OFFICE WITH AN ADDRESS (NO P.O. BOXES) LOCATED IN THE STATES OF MINNESOTA, TENNESSEE OR TEXAS AND THAT ARE INCORPORATED OR OTHERWISE INCORPORATED OR VALIDLY LICENSED TO OPERATE IN ONE THE THOSE STATES; AND (1) (2) HAVE LESS THAN FIFTY (50) EMPLOYEES (INCLUDING FULL-TIME AND PART-TIME) AS OF THE DATE OF ENTRY. NO ONE MAY ENTER IN THEIR INDIVIDUAL CAPACITY: ALL ENTRIES MUST BE ON BEHALF OF AN ELIGIBLE BUSINESS ENTITY BY AN EMPLOYEE OR OWNER OF THAT ELIGIBLE BUSINESS. ANY EMPLOYEE SUBMITTING AN ENTRY ON BEHALF OF HIS OR HER EMPLOYER MUST HAVE AUTHORIZATION OF HIS OR HER EMPLOYER TO SUBMIT ENTRY FOR THAT ENTRY TO BE ELIGIBLE. SUCH AUTHORIZATION MUST INCLUDE THE ELIGIBLE BUSINESS ENTITY’S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES. U.S. LAW GOVERNS THIS CONTEST. VOID WHERE PROHIBITED. The Contest begins at 9:00 a.m. Central Time (“CT”) on April 11, 2016 and ends at the conclusion of the Events. 1. ELIGIBILITY: The UPS Store Small Biz Salute Speed Pitch Contest (the “Contest”) is open only to Qualifying Business Entities (that are eligible as of the date of entry and, if a winner, as of the date of prize fulfillment). An individual submitting an entry for a Qualifying Business Entity must be (a) a legal resident of one of the 50 United States or the District of Columbia and (b) 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are employees of The UPS Store, Inc. (“Sponsor”) or any of Sponsor’s parent companies, subsidiaries, affiliates or advertising or promotion agencies, and members of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. TUPSS Small Business Pitch Competition Rules FINAL.docx 1 2. HOW THE CONTEST WORKS Sponsor will host three (3) live in person ‘business pitch” events (each an “Event”), with one (1) event to occur in each of the following cities at a location to be determined by Sponsor: Minneapolis, MN; Nashville, TN; and Houston, TX (“Event Locations”) on the following dates (each, the “Event Date”): Minneapolis, MN Event – [5/4/16] Nashville, TN Event – [5/12/16] Houston, TX Event – [5/18/16] Four (4) Qualifying Business Entities will be selected as finalists for each Event, three (3) potential finalists from the online entry method (as defined below) and one (1) potential finalist from the in-person entry method (as defined below) will be selected to participate in each Event . Qualifying Business Entities are only eligible to be selected for the Event in the state in which they have a principal address or are incorporated. See Section 5 below for more information on how finalists are selected. FINALISTS MUST BE ABLE TO ATTEND THE EVENT TO BE ELIGIBLE TO WIN. ALL EXPENSES AND COSTS ASSOCIATED WITH TRAVEL TO AND/OR PARTICIPATION IN THE EVENT (INCLUDING WITHOUT LIMITATION, AIRFARE, HOTEL ACCOMMODATIONS, FOOD AND INCIDENTALS) ARE THE RESPONSIBILITY OF THE FINALIST. 3. HOW TO ENTER: To enter, entrants for a Qualified Business Entity must submit an essay of no more than 300 words written in English that (i) includes the name and principal business address of the Qualified Business Entity, the entrant’s name, email address and telephone number, and (ii) describes how $5,000 would help further the business of Qualified Business Entity (each, an “Essay”). The entrant’s Essay must comply with the Submission Guidelines set forth in Section 3. There are two methods available to submit entries to the Contest. To enter, entrants must submit the Essay via ONE of the two entry methods described below. Entrants may only submit an Essay via one of the two entry methods described below. Online Entry: The online entry period begins at 9:00 a.m. CT on April 11, 2016 and ends at 11:00 p.m. CT on May 13, 2016 (the “Online Entry Period”). To submit an Essay via the online entry method, during the Online Entry Period, visit www.upsstore.com/pitchcontest (the “Website”) and follow the on-screen instructions to submit your Essay. Online entries must comply with all technical and creative specifications provided on the Website (if any) and must be submitted and received by Sponsor by no later than the conclusion of the Online Entry Period. Online entry times will be determined using Sponsor’s computer, which will be the official clock for the Contest. Normal time rates, if any, charged by the entrant’s Internet or mobile service provider will apply. TUPSS Small Business Pitch Competition Rules FINAL.docx 2 In-Person Entry: There will be an in-person entry option available at each Event Location on the Event Date. Specific Event Locations for each Event will be posted on the Website. The in-person entry period [begins at 6p.m. CT on the Event Date and ends at 7 p.m. CT on the Event Date] (the “In-Person Entry Period”). To submit an Essay via the in-person entry method, visit the Event Location during the In-Person Entry Period and submit your Essay in the designated area at the Event Location. There is a limit of twenty-five (25) in-person entries per Event. The first twenty-five in-person entries submitted by entrants that have Qualifying Business Entities for that Event will be considered. The time period for submission of in-person entries may be closed before 7:00pm CT if the requisite number of entries has been received. In-person entries must be submitted and received by Sponsor by no later than the conclusion of the In-Person Entry Period. In-person entry times may be modified as determined by Sponsor in its discretion based on the number of in-person entries received. General Entry Terms and Conditions: There is a limit of one entry per Qualifying Business Entity, regardless of the method of entry used. If an entrant enters a Qualifying Business Entity into the Contest via both the online and in-person entry methods or submits more than one Essay, or if multiple entrants submit an Essay with respect to the same Qualifying Business Entity, or if the same Essay is submitted by more than one entrant, Sponsor will have the right to disqualify all affected entries. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. 4. ESSAY SUBMISSION GUIDELINES: All Essays submitted in the Contest must comply with the following submission guidelines: (a) the Essay must be truthful and accurate; (b) the Essay must not previously have been published or won any award; (c) the Essay must be original and have been written solely by the entrant, without the assistance of any third party; (d) the Essay must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees (as defined in Section 8) as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (e) if the Essay identifies, portrays or includes biographical information of or quotes attributable to any person other than the entrant, or integrates aspects of any such person’s life story in the Essay, the entrant must have prior to submission obtained written consent from such person (or his or her parent or legal guardian, if the person identified, depicted or portrayed is a minor) to the identification, portrayal and/or inclusion (as applicable) of such person’s name, quotations, biographical information, life story and/or other identifying information (“Personality Rights”) in the Essay and the use by the Licensees of the Essay including such person’s Personality Rights, as applicable, as permitted pursuant to these Official Rules; (g) the Essay must not contain any material that is defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; and (h) the Essay must not contain any material that Sponsor, in its sole discretion, deems TUPSS Small Business Pitch Competition Rules FINAL.docx 3 inappropriate for public viewing and/or display. By submitting an Essay, the entrant represents and warrants that he or she has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Essay in the Contest and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor’s request copies of all such permissions, licenses and consents and, if requested by Sponsor, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any Essay that Sponsor determines does not comply with these guidelines, to make such changes to any Essay as are necessary to make it compliant, or to require the entrant to do so. 5. SELECTION AND NOTIFICATION OF FINALISTS: Four potential finalists will be selected by judges designated by Sponsor (the “Judges”) as follows: Online Entry: Following the conclusion of the Online Entry Period, three (3) potential finalists will be selected by the Judges from among all eligible Essays submitted via the online entry method by applying the following criteria, weighted as indicated: o Entrants able to articulate how the funds would help them better their business (maximum 25 points). o Most original/creative/inspiring idea on how the funds would help transform their business (maximum 75 points). In the event of a tie between any two Essays submitted via the online entry method all ties will be re-judged by an additional judge who, using the judging criteria will break the tie. Potential Finalists selected from entries submitted via the online entry method will be notified on or about [w/o 4/25 for Minneapolis area contestants, w/o 5/2 for Nashville area contestants, w/o 5/9 for Houston area contestants] by mail, telephone and/or email, at Sponsor’s discretion. If any such potential finalist cannot be reached within [48 hours] of the initial notification attempt, Sponsor will have the right in its discretion to disqualify the potential finalist. In-Person Entry: Following the conclusion of the In-Person Entry Period, one potential finalist will be selected by [the Judges] from among all eligible Essays submitted via the in-person entry method by applying the [Finalist Judging Criteria]. The potential finalist selected from entries submitted via the in-person entry method will be notified on the Event Date via an announcement made at the Event (as defined in Section 5). If such potential Finalist cannot be reached within 30 minutes in advance of the pitch competition after the initial notification attempt, Sponsor will have the right in its discretion to disqualify the potential finalist. General Finalist Selection and Notification Terms and Conditions: Each potential finalist, to be eligible to receive the Grand Prize or a Runner-Up Prize, must be available to deliver a Presentation (as defined in Section 6) at the Event. If a potential finalist does not confirm his or her availability to deliver a Presentation at the Event, the potential finalist may be disqualified and an alternate potential finalist may be selected. Sponsor reserves the right to select fewer than three finalists from entries submitted via the online TUPSS Small Business Pitch Competition Rules FINAL.docx 4 entry method and/or to not select a finalist from entries submitted via the in-person entry method if Sponsor determines, in its sole discretion, that it has not received a sufficient number of eligible and qualified entries or that the Essays received do not sufficiently address the Finalist Judging Criteria. Each potential Finalist is subject to verification of eligibility and may, in Sponsor’s discretion, be required to submit proof of identity and/or eligibility in a form acceptable to Sponsor (including without limitation governmentissued photo identification). Sponsor will have the right to require that each potential finalist complete and return to Sponsor an Affidavit of Eligibility/Release of Liability or an Affirmation of Eligibility/Release of Liability and, if legally permissible, a Publicity Release, and any other documentation provided by Sponsor in connection with verification of the potential finalist’s eligibility and confirmation of the releases and grant of rights set forth in these Official Rules. Sponsor will also have the right to require that each potential finalist cause its personnel or other individuals whose Personality Rights are incorporated into the Essay or who will participate in the finalist’s Presentation to sign and return any releases or other documentation provided by Sponsor in connection with the confirmation of the releases and grant of rights set forth in these Official Rules. Any such documentation required of a Finalist or any other third party is referred to herein as “Finalist Verification Documents.” Potential finalists selected from among those entrants who enter the Contest via online entry must respond to Sponsor’s initial notification attempt and complete and return to Sponsor any required Finalist Verification Documents within 48 hours of Sponsor’s initial notification attempt. The potential finalist selected from among those entrants who enter the Contest via in-person entry must respond to Sponsor’s initial notification attempt and complete and return to Sponsor any required Finalist Verification Documents within 30 minutes of pitch competition after Sponsor’s initial notification attempt. If any potential finalist fails to respond to any notification attempt within the applicable time period indicated above or if any attempted notification is returned as undeliverable, or if any potential finalist fails to complete and return any required Finalist Verification Documents within the applicable time period indicated above, or if any potential finalist fails to confirm his or her availability to deliver a Presentation at the Event, or if any potential finalist does not meet the eligibility requirements set forth in Section 1 or does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential finalist may be disqualified and an alternate finalist may, at Sponsor’s discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant). Each potential finalist may in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within the time period specified by Sponsor. 6. LIVE PITCH EVENT: Each of the finalists will be required to deliver a live “pitch” presentation at the Event for which that finalists was selected on the Event Date relating to the Qualified Business Entity identified in the Essay and how the entrant would use the Grand Prize to grow the business of the Qualified Business Entity (“Presentation”) to a panel of judges selected by TUPSS Small Business Pitch Competition Rules FINAL.docx 5 Sponsor (the “Panelists”) The time period and rules and requirements for the Presentation will be provided to the Finalists prior their participation on the Website. Each Presentation must comply with the following guidelines (the “Presentation Guidelines”): (a) The Presentation must not contain any material that violates or infringes upon the rights of any third party, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from any third party; and (b) The Presentation must not contain any material that promotes violence, bigotry or discrimination or that Sponsor, in its discretion, deems inappropriate for public viewing and/or display. Sponsor reserves the right in its sole discretion to disqualify any Finalist if Sponsor determines that such finalist’s Presentation does not comply with the Presentation Guidelines. By participating in the Event, each finalist agrees that Sponsor and its agents and contractors will have the right to film, tape, photograph and record the entrant and any of the entrant’s personnel or other individuals who participate in the Presentation (“Co-Presenters”), if any, in conjunction with the Event and participation in the Presentation. Sponsor will own all such film, tape, photographs and recordings (all of the foregoing, “Recordings”) and all copyrights in the Recordings. The Event Date and Event Location and all other Event details are subject to change. Additional details and terms applicable to the finalists’ Presentations will be provided to the finalists after they are verified. All expenses and costs associated with travel to and/or participation in the Event (including without limitation, airfare, hotel accommodations, food and incidentals) are the responsibility of the finalist. 7. SELECTION AND NOTIFICATION OF WINNERS: Following the conclusion of each finalist’s Presentation at an Event, one potential Grand Prize winner and three potential RunnerUp Prize Winners will be selected by the Panelists at each Event from among the four finalist Presentations by applying the following criteria, weighted as indicated: a. Entrants able to articulate how the funds would help them better their business (maximum 25 points). b. Most original/creative/inspiring idea on how the funds would help transform their business (maximum 75 points). (the “Winner Judging Criteria”). In the event of a tie between any two Presentations, all ties will be re-judged by an additional judge who, using the judging criteria will break the tie. Sponsor will announce the potential Grand Prize winner and the potential Runner-Up Prize winners at each Event. Sponsor will have the right to require that each potential Prize winner complete and return to Sponsor a Prize Acceptance Agreement within three days of attempted delivery of same. If a potential Prize winner fails to complete and return a Prize Acceptance Agreement within three days of attempted delivery or does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any TUPSS Small Business Pitch Competition Rules FINAL.docx 6 reason, or if Sponsor determines, in its sole discretion, that the potential Prize winner’s Presentation fails to meet the requirements of these Official Rules, then the potential winner may be disqualified. If the potential Grand Prize winner is disqualified for any reason, the finalist with the second-highest scoring Presentation may, at Sponsor’s discretion, be selected as the potential Grand Prize winner (in which case the foregoing provisions will apply to such newly-selected entrant). Sponsor reserves the right to not award the Grand Prize and/or one or more Runner-Up Prizes as a result of a potential winner being disqualified. 8. PRIZES: One Grand Prize and three Runner-Up Prizes will be offered for each Event. The Grand Prize is $5,000 awarded in the form of a check or another payment method determined by Sponsor. The retail value of the Grand Prize is $5,000. Each Runner-up Prize consists of a gift basket. The approximate retail value (“ARV”) of each Runner-Up Prize is $100. The aggregate ARV of all prizes is $5,300 per Event. ALL PRIZES WILL BE AWARDED TO THE OWNER OF THE QUALIFIED BUSINESS ENTITY THAT IS DETERMINED TO BE THE PRIZE WINNER. All prize details that are not expressly specified in these Official Rules (including, without limitation, the products included in the Runner-Up Prize) will be determined by Sponsor in its discretion. Each prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive a prize is permitted, except in the discretion of Sponsor, which has the right to substitute a prize with a prize or prizes of equal or greater value selected by Sponsor, in its discretion. Each prize consists only of the item(s) expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize are the responsibility of the Prize winner. Each prize is awarded “as is” and without any warranty, except as required by law. In no event will more than the stated number of prizes be awarded. All federal, state and local taxes on the value of each prize are the responsibility of the Prize winner. An IRS form 1099 will be issued if required by law. 9. GRANT OF RIGHTS: By entering the Contest, each entrant irrevocably grants Sponsor and its parent companies, subsidiaries, affiliates, The UPS Store retail franchisees, and the advertising and promotion agencies, and the successors, assigns and licensees of each of the foregoing (collectively, the “Licensees”) the right to use the entrant’s name, likeness, voice, biographical information and/or statements attributed to the entrant and the name, trademarks and logos of the Qualifying Business Entity included on the entrant’s Essay, including, without limitation, as any of the foregoing is depicted in the Recordings, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including, without limitation, via Sponsor’s and third-party websites, social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. In addition, by entering the Contest and submitting an Essay, each entrant irrevocably grants the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Essay, in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later TUPSS Small Business Pitch Competition Rules FINAL.docx 7 known or developed, including, without limitation, via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. In addition, each entrant who becomes a finalist covenants to the Licensees that entrant has obtained the right to use the name, likeness, voice and/or biographical information of any Co-Presenter(s) and/or statements attributed to such CoPresenter(s), if applicable, and a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use any materials, information, or ideas presented by the finalist in connection with his or her Presentation, including, without limitation, as depicted in the Recordings, in whole or in part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including, without limitation, via Sponsor’s and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. Each entrant agrees, at Sponsor’s request, to sign and return and cause the entrant’s Co-Presenters, if any, to sign and return any releases or other documentation required by Sponsor to confirm the grants of rights set forth herein. 10. RELEASE AND LIMITATION OF LIABILITY: By entering the Contest, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, The UPS Store franchise locations, and all other companies involved in the development or operation of the Contest, and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Contest, participation in the Contest and the Event (if applicable), the provision, acceptance or use of any prize or any exercise by the Licensees of any of the rights granted in Section 9, including, without limitation, any and all claims and liabilities (a) relating to any personal injury, death or property damage or loss sustained by the entrant or any other person or (b) based upon any allegation of violation of the right of privacy or right of publicity, infringement of copyright or trademark, misappropriation or violation of any other personal or proprietary right. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in the Contest and the Event (if applicable) or the provision, acceptance or use of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, (i) any typographical or other error in the printing of the offer, administration of the Contest or the Event or in the announcement of any prize, (ii) any late, lost, delayed, illegible, damaged, corrupted or incomplete entries, (iii) any incorrect or inaccurate capture of, damage to, or loss of Essays or entry information, or (iii) any other human, mechanical or technical error of any kind relating to communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Contest or the Event. TUPSS Small Business Pitch Competition Rules FINAL.docx 8 11. GENERAL RULES: Sponsor has the right, in its sole discretion, to modify these Official Rules (including, without limitation, by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend the Contest or Event at any time in its discretion, including, without limitation, if a virus, bug, technical problem, entrant fraud or misconduct, or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Contest or Event, or if for any other reason Sponsor is not able to conduct the Contest or Event as planned (including, without limitation, if the Contest or Event is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order). In the event of termination of the Contest prior to the commencement of the In-Person Entry Period, a notice will be posted on the Website and the Judges will select one Grand Prize winner and three Runner-Up Prize winners from among all eligible entries submitted via the online entry method prior to the time of termination by applying the Judging Criteria. In the event of termination of the Contest after the commencement of the In-Person Entry Period but prior to the Finalists’ Presentations, an announcement will be made at the Event and a notice will be posted on the Website, and the Judges will select one Finalist from among all eligible entries received during the In-Person Entry Period prior to the time of termination and then select one Grand Prize winner and three Runner-Up Prize winners from among the four Finalists by applying the Judging Criteria. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Contest any individual who, in Sponsor’s discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Contest or Event by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THE CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST OR EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been made by the person identified in the Essay. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in the Contest, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. 12. DISPUTES: By entering the Contest, each entrant agrees that, to the maximum extent permitted by applicable law, all disputes arising under these Official Rules or relating to this Contest shall be settled by mandatory binding arbitration in the state of California and shall TUPSS Small Business Pitch Competition Rules FINAL.docx 9 be resolved in their entirety by individual (not class-class wide or collective) arbitration. Such proceedings shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s findings may be entered as a judgment in any court of competent jurisdiction. By entering the Contest, each entrant also agrees that any proceedings under these Official Rules will be on an individual basis and not in a class or representative action or as a member in a class, consolidated, or representative action. If a court or arbitrator determines that this Class Action Waiver is unenforceable in an action brought by an entrant, the arbitration agreement will be void as to that entrant. By entering the Contest, each entrant waives the right to trial by jury. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this contest, whether through class action proceedings or otherwise. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event attorneys’ fees; and under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. By entering the Contest, each entrant further agrees that this Contest affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this provision (despite the choice of law language below). This agreement to arbitrate shall survive termination of these Official Rules. All other issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of the entrants and Sponsor in connection with the Contest or the or Event shall be governed by, and construed in accordance with, the laws of the State of California in the United States of America without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. In the event of any conflict between these Official Rules and any Contest information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail. 13. USE OF INFORMATION/NON-CONFIDENTIAL SUBMISSIONS: By entering the Contest, each entrant agrees that information submitted via the Website or In-Person in connection with the Contest may also be used as determined by Sponsor in connection with the administration of the Contest. Sponsor shall have no obligation to maintain any of the Essays, Presentations or information or ideas contained therein as confidential or proprietary. Entrants should not include confidential or proprietary information within any Essay or Presentation submitted in connection with the Contest. 14. WINNERS’ NAMES AND RULES REQUESTS: For the names of the winners, available after June 15, 2016, or a copy of these Official Rules, send a self-addressed, stamped envelope to: The TUPSS Small Business Pitch Competition Rules FINAL.docx 10 UPS Store Small Biz Salute Speed Pitch Contest, c/o Erwin Penland, 125 E. Broad St., Greenville, SC 29601. 15. SPONSOR: The UPS Store, Inc., 6060 Cornerstone Ct. West, San Diego, CA 92121-3795. TUPSS Small Business Pitch Competition Rules FINAL.docx 11