By participating in 1&1 Canada’s Small Business Hero’s Contest (the “Contest”), each nominee unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of 1&1 Internet, Inc. (701 Lee Rd. Chesterbrook, PA 19087) (“1&1”) whose decisions shall be final and legally binding in all respects.

Contest Description

• Nominate a local Canadian Business that’s making a difference in your area.
• All persons nominating a business will be entered for a chance to win an iPad.
• All nominations will be judged and 10 winners will be selected based on the above criteria by the judging panel of 1&1. The winner will be determined solely at 1&1’s discretion.
• Contest begins on July 1st, 2011 at 12 p.m. ET and ends 11:59 p.m. ET on July 31, 2011.
• Grand Prize Winner will receive a Website Makeover which includes a free lifetime subscription of shared hosting with the choice of a Dual Basic, Dual Advanced, Dual Unlimited, or a MyBusiness Site Package (up to $527.76/year value) and Site Design Service (up to $499.99 value).
• Second – tenth place winners will receive one (1) year of free shared hosting with the choice of a Dual Basic, Dual Advanced, Dual Unlimited, or a MyBusiness Site Package (up to $527.76 value) Winner will be contacted via email on August 31, 2011.
• iPad winner will be selected at random from all of the entrants who nominate a business (up to a $499 value).

Official Rules

1. Prizes. One (1) Grand Prize: one (1) Website Makeover which includes one (1) free lifetime subscription of shared hosting with the choice of a Dual Basic, Dual Advanced, Dual Unlimited, or a MyBusiness Site Package and Site Design Service. Approximate retail value of this prize package is up to $1,027.75. One (1) iPad with approximate retail value of $499.
2. Winners. At the end of the Promotion Period, one (1) Grand Prize winner and nine (9) second place winners will be chosen by a panel of judges from 1&1 from among all eligible entries received. All decisions are final and binding and at 1&1’s sole discretion. Odds of winning will be determined by the number of eligible entries received. The Grand Prize winner will be selected on August 31, 2010 from all eligible entries received throughout the Promotion Period, and will be notified via email. All federal, state, provincial and local taxes are the responsibility of the winner, and the winner agrees to indemnify and hold harmless 1&1 for such taxes. Prizes are non-assignable and non-transferable. No cash alternative or substitution will be allowed, except 1&1 reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason. In order to win, the selected individual must first correctly answer a skill-testing question to be administered by telephone. Each winner will have five days from notification to accept the prize. If a selected winner does not accept the prize within the five day period, cannot be contacted, does not correctly answer the skill-testing question, or is otherwise ineligible, the prize may be forfeited and an alternate winner selected. 1&1 shall have no liability for any potential prize winner notification or acceptance that is lost, intercepted or not received by any potential Prize winner or 1&1 for any reason. The winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where permitted by law) a Publicity Release form within ten (10) days of attempted notification or an alternate winner may be chosen.
3. Eligibility. Employees of 1&1 and members of their immediate family are not eligible to win. Winners must be eighteen years of age or older and a resident of Canada (excluding Quebec).
4. Entry Requirements. No purchase is necessary to enter or win the contest. You represent and warrant that your submission is your original work, has not been copied from others, and does not violate the rights of any other person or entry. Limit one (1) entry per person over the Promotion Period. Entries made by any other individual or any entity, including but not limited to commercial contest subscription notification and/or entering services, will be declared invalid and disqualified for this Contest. Tampering with the entry process or the operation of the Contest, including but not limited to mechanically reproduced, forged, software-generated or other automated multiple entries, is prohibited and any entries deemed by 1&1, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to 1&1’s satisfaction, the affected entry will be deemed ineligible.
5. Contest Dates. Entries will be accepted between July 1, 2011 at 12:00 p.m. Eastern Time (“ET”) and July 31, 2011 at 11:59 p.m. ET (the “Promotion Period”).
6. Use of Winner’s Name, Likeness, and Winning Entry. By accepting and/or using the prize, winner grants to 1&1 the right (but without any obligation) to the use of the winner’s name, likeness, and/or winning entry for the purpose of advertising, trade or promotion worldwide and in all forms of media now known or hereafter devised, in perpetuity, without further compensation, unless prohibited by law.
7. Force Majeure. 1&1 shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond 1&1's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. In the event of any such delay, 1&1 may defer the delivery date for a period equal to the time of such delay.
8. Liability. 1&1 makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Contest. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND 1&1 HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. 1&1 shall not be responsible or liable for damages of any kind as a result of or relating to this Contest, including but not limited to receipt and/or use of prize or claims relating to the use of the winner’s name and likeness pursuant to this agreement. By participating in the Contest, each participant agrees to the terms set forth within the above stated rules. THIS CONTEST IS VOID WHERE PROHIBITED BY LAW.
9. General Provisions/Jurisdiction. 1&1 is not responsible for any typographical or other error in the offer, administration of the Contest or in the announcement of the prizes. To the extent permitted by law, these terms shall be interpreted, and this Contest shall be conducted, in accordance with Pennsylvania law, without giving effect to choice of law provisions. All disputes concerning these terms and this Contest shall be adjudicated exclusively in the federal or state courts having jurisdiction over Philadelphia, Pennsylvania, USA. If any provision in these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law.

WINNERS LIST/OFFICIAL RULES: To obtain a copy of these Official Rules and/or any legally-required winners list, send a self-addressed stamped envelope to: 1&1 Canada’s Small Business Hero’s Contest, Rules, 701 Lee Rd., Chesterbrook, PA 19087. All such requests must be received by August 31, 2011.

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