Barclays – Small Business Big Wins 2023 Contest And – Win will be awarded in the form of a check made payable to the winning small business
NO PURCHASE NECESSARY. THERE IS NO REQUIREMENT TO BE A CURRENT OR FUTURE BARCLAYS CARD HOLDER TO ENTER OR WIN. THIS PROMOTION IS AVAILABLE ONLY TO SMALL BUSINESS OWNERS (AS FURTHER DEFINED BELOW) WHO ARE LEGAL RESIDENTS OF THE FIFTY UNITED STATES INCLUDING DISTRICT OF COLUMBIA. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS AND WHERE RESTRICTED OR PROHIBITED BY LAW.
1 – PROMOTION DESCRIPTION: The Barclays Small Business Big Wins 2023 Contest (the “Contest”) is a Contest in which Small Business owners (the “Entrant”), which is further defined below in Section 2, are invited to submit a story along with a photo (collectively the Contest “Entry” or “Submission”) that helps illustrates Entrant’s ideas/thoughts/emotions on how small business ownership can be rewarding, challenging, liberating …. “a meaningful way to live out your dreams”, or “play an important role in your community” (the Contest “Theme”). What’s your small business story? Tell us how you’re making that dream a reality. What motivates you? How do you make it happen every day? Additionally, small business owners submitting a Contest Entry meeting the Eligibility and Entry requirements noted herein, will automatically be entered into the Barclays Small Business Big Wins Sweepstakes (the “Sweepstakes”). The Contest and the Sweepstakes shall be collectively referred to as the “Promotion”.
2 – ELIGIBILITY:
Promotion is open to Small Businesses who must meet the eligibility criteria below:
be located in the fifty (50) United States including the District of Columbia;
be owned by a legal resident of the fifty (50) United States including the District of Columbia, and who are at least eighteen (18) years of age;
Business referenced on the Entry must have been (a) opened/established on January 10, 2022 or prior; (b) is now currently open and in operation; and (c) must have remained open and in operation at time of entry and if selected as a prize winner at time of award;
Entrant must be listed as the business owner (in whole or in part) of the business during the time period detailed above.
have a valid employer identification number (“EIN”) or taxpayer identification number (“TIN”);
employ fewer than one hundred (100) employees for the duration of the Promotion;
have annual business revenue of five million dollars ($5MM) or less;
Officers, directors, employees and agents of Barclays Bank Delaware (the “Sponsor”), its parent, subsidiaries, affiliates, retailers, advertising and promotion agencies, Mastercard International Incorporated (”Mastercard”), Visa U.S.A. Inc., Visa Inc., Visa International Service Association (“Visa”) and Marden-Kane, Inc. (the “Administrator”) (collectively, the “Releasees” and/or “Promotion Entities”), and the immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and persons living in households of each, whether or not related, are ineligible. Sponsor reserves the right to disqualify participants who violate these official rules (the “Official Rules”) or interfere with this Promotion in any manner. If a participant is disqualified, Sponsor reserves the right to terminate that participant’s eligibility to participate in this Promotion.
MUST NOT have won any previous contest award (excluding the 2020 and 2022 Small Business Big Wins Sweepstakes) or been submitted in any other competition and must be a previously unpublished and previously un-produced work.
Void where prohibited. No purchase is necessary, and there is no requirement to be a current or future Barclays’ card holder to enter or win.
3 – ENTRY PERIOD: The Promotion begins at 12:00:00 a.m. Eastern Time (ET) on January 11, 2023, and ends at 11:59:59 p.m. ET on February 28, 2023 (the “Promotion Entry Period”). During the Promotion there are a series of events, which start and end on-or-about the dates and times detailed in the Event Chart (the “Chart”) below. Sponsor’s computer, or that of its designee, runs the official clock for the Promotion and will solely determine the time by which a Submission is received.
Limit: There is a maximum of one (1) Entry per Small Business for the entire Promotion Entry Period. When you submit your Entry into the Contest and it meets all of the Eligibility and Entry Requirements noted herein, you will automatically be entered into the Barclays Small Business Big Wins Sweepstakes.
(Time Begins at 12:00:00 a.m. ET )
(Time Ends at 11:59:59 p.m. ET)
PROMOTION ENTRY SUBMISSION PERIOD
JUDGING TO DETERMINE TOP 10
(“Contest Judging Period”)
SWEEPSTAKES RANDOM DRAWING TO DETERMINE 50 POTENTIAL WINNERS
FINALIST AND SWEEPSTAKES WINNERS NOTIFICATION
PUBLIC VOTING OF TOP 10
(“Public Voting Period”)
CONTEST WINNERS NOTIFIED
ALL CONFIRMED WINNERS ANNOUNCED
Note: All dates are 2023.
4 – HOW TO ENTER: Go to www.barclayssmallbizbigwins.com (the “Website”) and:
Provide the requested registration information.
Review and follow the Story, Picture and Content requirements and guidelines below prior to submitting your Entry, to ensure that your submission will be eligible.
Tell us your small business story in less than five hundred (500) words. Tell us how you’re making that dream a reality. What motivates you? How do you make it happen every day?
Upload an original photograph that complements your story and further illustrates your ideas, thoughts and emotions.
Read and accept the Official Rules.
Click the “Submit” button.
Story requirements and guidelines:
Story must be written in English.
Story must not exceed five hundred (500) words.
Story must be the original work of the Small Business owner (“Entrant”).
Story must address and answer the following questions:
What’s your small business story? Tell us how you’re making that dream a reality. What motivates you? How do you make it happen every day? by including examples of:
your perseverance, creativity &/or passion
the impact on/or inspiration you have on others &/or your community
Photo requirements and guidelines:
Maximum File Size: 10MB.
Photo must be original and owned by the Entrant.
Photo Formats: .GIF, .JPG, .PNG or HEIC file formats.
Photo quality with a high DPI (300 preferred but not required)
By clicking “Submit”, Entrants will receive one (1) Entry into the Promotion. Entrant must complete the Entry form with all required information on the Entry page including (but not limited to) Small Business owner name, Company name, contact information, owner’s age, date when business was opened, number of employees, annual business revenue, and click the “Submit” button for the Submission to be eligible. Entry cannot be altered by Entrant after it has been submitted. As part of the Promotion submission process, Entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. Limit of one (1) Submission per Small Business owner for the entire Promotion Period. Submissions become the property of Sponsor and will not be acknowledged or returned. Submissions in excess of this limit are void.
5 – ADDITIONAL CONDITIONS OF ENTRY: All Promotion Submissions must be submitted by 11:59:59 p.m. ET on February 28, 2023. Entrants must provide all required information on the Entry form to be eligible to enter. All Submissions will be screened to make sure that they meet eligibility requirements. Incomplete or inaccurate Submissions are void. By entering, each Entrant acknowledges compliance with these Official Rules including all eligibility requirements. Submissions that do not meet the following Entry Requirements are subject to disqualification and/or removal from the Website, each at Sponsor’s sole and absolute discretion:
Additional Entry and Content Requirements:
Submission MUST NOT have won any previous Contest award (excluding the 2020 and 2022 Small Business Big Wins Sweepstakes) or been submitted in any other competition and must be a previously unpublished and previously un-produced work.
Photo submission MUST NOT be a picture of their published and/or social media post/ad for their business.
Submission MUST NOT contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement.
Submission MUST NOT include or mention any copyrighted material, contain logos, brand or product names or trademarks, except those of the Sponsor other than material in which the Entrant owns copyrights.
Submission MUST NOT contain material that is, as determined, in Sponsor’s sole discretion, tortious, defamatory, slanderous, or libelous.
Submission MUST be in keeping with Sponsor’s image and MUST NOT be false, fraudulent, deceptive, misleading, disparaging, obscene, pornographic, hateful, indecent, threatening, discriminatory, profane, contain material that is threatening to any person, place, business, group or world peace or otherwise is offensive, as determined by Administrator or Sponsor at their sole and absolute discretion.
Submission MUST NOT invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, including, but not limited to, intellectual property rights, and the right to submit or use same shall not be restricted.
Submission MUST NOT include material that is unlawful, in violation of, or contrary to the laws or regulations in any state where the Submission is created.
Submission MUST be the Entrant’s original work (modification of an original work is not an original idea) or in the public domain and must be the Entrant’s own original creation executed solely by Entrant.
Submission MUST NOT copy or otherwise plagiarize from any source.
Submission MUST be suitable for presentation in a public forum.
Submission MUST NOT suggest, depict, or describe any inappropriate, unlawful, or dangerous use of Sponsor’s products.
If any persons appear or are referred to in the Entry, Entrant is solely responsible for obtaining, prior to submitting the Entry, any and all releases and consents necessary to permit the exhibition. If any person appearing in any Entry is under the age of majority in their jurisdiction of residence, the signature of a parent or legal guardian is required on each release. Entrant agrees to provide Sponsor with written confirmation of those permissions and rights upon request. Sponsor reserves the right, in its sole discretion, to disqualify from the Promotion and/or remove from displaying or publishing any Submission that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Promotion Entity, the Promotion, or any other person or entity or does not comply with these requirements or these Official Rules. Entrant agrees that his/her participation in the Promotion and agreement to these Official Rules and any Promotion Entity’s display and use of a Submission will not violate any agreement to which Entrant is a signatory or party. Entrant agrees to indemnify the Promotion Entities against any and all claims from any third party for any use or reuse by any Promotion Entity of their Submissions.
6 – JUDGING/DETERMINATION OF TOP 10 FINALISTS: All eligible Entries received by the close of the Promotion Period will be judged by a panel of judges chosen by Sponsor at their sole discretion (the “Judges”). The judging of Entries will consist of a maximum score of one hundred (100) points according to the following judging criteria (the “Judging Criteria”):
Appropriateness to theme in responding to all of the questions posed (30 points)
Demonstration of energy, enthusiasm, creativity and passion for small businesses (30 points)
Positive impact on/or inspiration to other small business owners &/or community (30 points)
Clear expression of their experience(s) (10 points)
The Top 10 Finalists will be eligible for the final round of public voting to determine the Winners. Entrants acknowledge that other Entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his or her Entry submission, and that he or she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities. Additionally, the Judges may identify up to five (5) potential alternate Submissions with the next highest total scores (which may or may not be publicly announced) to the extent that it determines any of the potential Prize Winners are ineligible, is unable to be contacted, or declines to continue as a participant in the Promotion. The Judges’ decisions are final and binding in all matters relating to this Contest.
7 – PUBLIC VOTING OF THE TOP 10 FINALISTS TO DETERMINE THE CONTEST WINNERS: The Top 10 Finalist Entry submissions will be available for open viewing and voting at: https:www.barclayssmallbizbigwins.com, starting April 1st beginning at 12:00:00 am ET and ends on April 10th at 11:59:59 pm ET (the “Public Voting Period”). To vote, you must be a legal resident of one of the fifty (50) United States or the District of Columbia and at least eighteen (18) years of age. The public voting will restrict one (1) vote per day per email address during the entire Voting Period. Voters are encouraged to use the judging criteria listed above to vote on the Entry that best depicts their small business story and how they are making that dream a reality, what motivates them, and how they make it happen every day. All online voting will be under the supervision of the Sponsor, whose decisions are final in all matters relating to this Promotion. Votes that do not comply with the Official Rules or these requirements, or that result from fraud or collusion, may be disqualified in Sponsor’s sole discretion. The use of any automated launching or Entry software or any other mechanical or electronic means that permits Promotion Website visitors to vote repeatedly is prohibited. Creation of multiple email accounts in order to vote in excess of the stated maximum limitations will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, voting by proxy for yourself or any other person, offering prizes, services or anything of value or other inducements to members of the public, as determined by the Promotion Entities in their sole discretion. If a Finalist is found to have engaged in such fraud or collusion, in Sponsor’s opinion, he/she will be disqualified as a Finalist and will not be eligible to win a prize in this Contest. At the end of the Voting Period the Finalist with the highest number of “votes” will be deemed the Grand Prize Winner, and the Finalist with the second highest number of “votes” will be deemed the 2nd Place Winner; and the Finalist with the third highest number of “votes” will be deemed the 3rd Place winner. The remaining final seven (7) Finalists will then be deemed Runner-Up Prize Winners. In the event of a tie, all tied entries will be re-judged by an additional judge selected by the Sponsor who will break the tie using the aforementioned Judging Criteria. The Judges’ decisions are final and binding in all matters relating to this Contest.
8 – CONTEST PRIZES:
One (1) Grand Prize: $60,000 cash. Value (“V”): $60,000.
One (1) 2nd Place Prize: $40,000 cash. V. $40,000.
One (1) 3rd Place Prize: $20,000 cash. V. $20,000.
Seven (7) Runner-Up Prizes: $5,000 cash each. Total V. $35,000.
All prizes will be awarded in the form of a check made payable to/in the legal name of the winning Small Business as it appears on the submitted IRS Form W-9.
Total Value of all Contest Prizes: $155,000.00.
9 – RANDOM DRAWING: Sweepstakes Winners will be selected in a random drawing on or about March 14, 2023, from among all the remaining eligible entries received after the determination of the Top Ten Finalists. Drawing will be conducted by the Sponsor, or its designated agent. Odds of winning a Sweepstakes Prize is dependent upon the total number of eligible (non-winning) Contest entries received.
10 – SWEEPSTAKES PRIZES: Fifty (50) Prizes: $2,000 cash. V. $2,000 each. Prize will be awarded in the form of a check made payable to the winning small business. Total Value of all Sweepstakes Prizes: $100,000.
11 – ADDITIONAL CONDITIONS OF PRIZES: All prizes will be awarded provided there are enough eligible entries received and prizes are claimed properly in accordance with these Official Rules. Limit one (1) prize per qualified entrant and Contest Prize winners are not eligible for Sweepstakes prizes. Prizes are awarded “as is” with no warranty or guarantee, either expressed or implied by Sponsor. Prizes are nontransferable, non-assignable as provided herein. Prize Winners are responsible for the payment of taxes on the prize and for any other costs and expenses associated with the acceptance and use of the prize. Prizes will be awarded to Prize Winners approximately 2-4 weeks after confirmation of Prize Winner eligibility. Winners must agree not to disclose that they are a Winner in this Promotion until Sponsor has made the public announcement.
12 – NOTIFICATION: The Administrator will contact potential winners on or about March 15, 2023 as stated in the Event Chart above. An Entrant is not deemed a winner of any prize, even if the winning notification should so indicate, unless and until (i) the Entrant’s eligibility has been verified, (ii) all requirements determined by the Sponsor in order to claim his/her prize have been fulfilled and (iii) the Entrant has been notified that the acceptance and verification process is complete. Potential winners will be notified via email and/or phone that were provided on the Entry and will be required to respond to the notification within three (3) days of notification. Potential Contest Prize winners and Potential Sweepstakes Prize winners will be required to complete, sign, and return  an Affidavit of Eligibility and Liability Release and; where legal, a Publicity Release;  an Entrant Agreement and Release;  a Background Check Authorization Form (collectively, the “Releases”); and (4) an IRS Form W-9 and furnish his/her social security number or small business EIN/TIN that will be used only for the purpose of reporting the Winner’s prize earnings to the Internal Revenue Service, as required by law. Completed documents must be returned within three (3) days from prize notification date or the prize will be forfeited and awarded to an alternate potential winner. Any false statement made by a potential winner will result in automatic disqualification.
If a potential Prize Winner does not return the required documents within the stated timeframe, cannot be contacted, or if any notification/Document is returned as undeliverable, or if a potential winner is found to be ineligible or not in compliance with these Official Rules, the potential winning Entry will be disqualified and the Entry with the next highest score will be notified, time permitting, at the sole discretion of the Sponsor. Sponsor reserves the right to conduct background checks of the potential winners. If the prize is won by an eligible small business owner who is not of the legal age of majority in the state of residence (which is nineteen (19) in Alabama, Nebraska, twenty-one (21) in Mississippi, and eighteen (18) in all other states) (“minor”), the required documents must be confirmed and signed by Prize Winner’s parent or legal guardian, and the prize will be awarded in the name of his/her parent or legal guardian, who will be required to fulfill all requirements imposed on the Prize Winner set forth herein.
In addition, you acknowledge and agree that the Releasees reserve the right to disqualify any Potential Prize Winner or Alternate at any time, in their sole discretion, on the basis of anything contained in or learned or obtained as a result of any background check, submitted Releases, or any other forms requested by the Releasees that, in their sole opinion, would constitute a breach of these Official Rules or otherwise.
By entering the Promotion, Entrants, or, if minors, their parents or legal guardians, agree to the use by Sponsor and its designees of their names, cities and states of the small business and photographs/likenesses for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation, notification, or permission, except where prohibited by law. Upon request, Prize Winners must consent to such in writing.
13 – ADDITIONAL TERMS AND CONDITIONS: Normal Internet access, phone, and usage charges imposed by Entrant’s online or phone service may apply. Each Submission must be manually key stroked and manually entered by the individual Entrant; bulk, third-party, automated and/or repetitive electronic Submissions (including, but not limited to, Submissions made using any script, macro, bot or promotion service) will be disqualified. Any attempt by any Entrant to obtain more than one Submission by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Entrant’s Submission, and that Entrant may be disqualified at Sponsor’s discretion. In the event of a dispute as to the identity of a specific Entrant, the Submission will be deemed to have been made by the registered account holder of the e-mail address for the potentially winning Submission, but only if that Entrant meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address account by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential Promotion Winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address account for the potentially winning Submission. If a dispute cannot be resolved to Sponsor’s satisfaction, the Submission in question may be disqualified in Sponsor’s sole discretion.
By entering the Promotion, each Entrant represents and warrants the following: (a) he or she has read, understands and will follow the Official Rules; (b) the Submission, and all materials and matter therein: (1) is wholly original with such Entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof; (c) he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder; and (d) Sponsor’s use of any Submission shall not violate an agreement to which such Entrant has signed. Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third-party claim, to the extent relating to any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules.
Those who do not abide by these Official Rules, the instructions of Sponsor and the Website, and provide all required information will be disqualified in Sponsor’s sole discretion. Submissions into the Promotion will be publicly posted for all users of the Application to view. ONCE TRANSMITTED, ALL SUBMISSIONS BECOME PART OF THE PROMOTION AND MAY NOT BE REMOVED BY THE ENTRANT, EVEN IF ENTRANT WITHDRAWS FROM PROMOTION CONSIDERATION. Entries or participation will not be acknowledged or returned.
14 – GRANT OF RIGHTS: By entering, except where prohibited by law, each Entrant grants to the Sponsor and their agents and assigns in perpetuity the irrevocable, sub-licensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Submission in any and all media, including but not limited to paper format, digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each Entrant agrees that the Releasees may but are not required to attribute the Submission to an Entrant. Each Entrant waives and releases the Releasees from any and all claims that Entrant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Releasees’ exploitation of entries without further notification or compensation to Entrants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Releasees and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any elements embodied in the Submission or any derivative works, infringe or violate any of Entrant’s rights therein. Each Entrant agrees to execute any documents that Releasees may require to affect such grant of rights. Each Prize Winner grants the Releasees the right to use and publish his/her name, Entry submission or elements, likeness, picture, voice, and/or any information contained in his/her Submission, online, in print and in any other media for advertising and promotional purposes worldwide, and in perpetuity without additional compensation, notice, review, or approval, unless prohibited by law. Nothing contained in these Official Rules obligates the licensed entities to make use of any of the rights granted herein and Prize Winner waives any right to inspect or approve any use.
Each Entrant acknowledges that other Entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Promotion Entities because of these familiarities or similarities. The decisions of the Sponsor are final and binding in all matters relating to this Promotion, including interpretation and application of these Official Rules. Sponsor reserves the right to request from Entrant at any time proof that Entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the Entrant being disqualified from the Promotion.
15 – GENERAL CONDITIONS: The Releasees are not responsible for the actions of Entrants in connection with the Promotion, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Promotion. Persons found tampering with or abusing any aspect of this Promotion, or who Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Promotion, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the Entrant, as well as other possible consequences, including disqualification from any and all existing and future promotions. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE THE WEBSITE OR APPLICATION ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Promotion, except as expressly set forth in these Official Rules.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be attempting to tamper with or undermine the Submission process, the Website, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for: (1) any lost, late, incomplete, stolen, misdirected, undelivered, delayed, garbled, incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of Submissions; (5) 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 Promotion; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize. If, for any reason, such as a Force Majeure (e.g., war, riots, terrorism, civil unrest, strikes, blackouts, supply shortages, order of governmental authority,) an “act of God” (e.g., natural disasters, weather, etc.) or an unforeseeable health event (e.g. pandemic or epidemic), the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Promotion and from among the eligible, non-suspect entries received up to the time of the impairment, award the Promotion prizes based on the Judging Criteria set forth above.
16 – LIMITATIONS OF LIABILITY AND RELEASES: By participating in this Promotion, Entrant agrees that Sponsor, Administrator, Mastercard, and each of their respective parent companies, affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing, website providers, web masters, and their respective officers, directors, employees, representatives, and agents (the “Released Parties” or the “Releasees”) will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting, in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this Promotion or in any Promotion- or Prize-related activity, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise or other prize delivery. By participating in this Promotion, Entrant agrees that the Released Parties will not be responsible or liable for any injuries, damages, or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages to persons, including death, or to property arising out of access to and use of the Website or Application associated with this Promotion or the downloading from and/or printing material downloaded from such Website and/or Application. If any use by Sponsor of the Entries causes it to be liable to any third party, Entrant agrees to indemnify, defend and hold harmless Sponsor and its agents, employees, affiliates, subsidiaries, representative and all related parties from and against any and all damages, costs, judgments and expenses (including reasonable attorneys’ fees), which it incurs as a result of its use of the Entries. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail or other account to receive messages. Without limiting the foregoing, everything regarding this Promotion, including the Website and all prizes, are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
17 – JURISDICTION: Except where prohibited, Entrants agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Delaware. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Delaware without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Delaware. In addition, any dispute relating to the Promotion (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the State of Delaware. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-conveniens or lack of personal jurisdiction they may have.
18 – PRIVACY: Entrant understands that Entrant is providing information to the Sponsor and Administrator. As a condition of entering the Promotion, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. The information provided by Entrants will only be used for the purpose of contacting Entrants as it relates to their Entry submission in the Promotion unless Entrant opts-in to use in a different manner. The Sponsor and the Administrator will not share this information with third parties (other than the Sponsor’s or Administrator’s prize fulfillment agent, if applicable).
19 – WHO WON: To receive the names of the winners, available after May 3, 2023, send an email with the subject line: “Barclays Small Business Big Wins 2023 Contest & Sweepstakes” to firstname.lastname@example.org. Requests must be received by April 30, 2023.
20 – SPONSOR & ADMINISTRATOR: Sponsor: Barclays Bank Delaware (Barclays), 125 S. West Street, Wilmington, DE 19801. Administrator: Marden-Kane, Inc., 575 Underhill Blvd., Ste. 222, Syosset, NY 11797.
Mastercard is a registered mark, and the circles design is a trademark, of Mastercard International Incorporated.
©2023 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.