Seed for Success | Empowering Women Entreprenuers

Official Rules

THE FOLLOWING PROMOTION IS INTENDED FOR PLAY IN THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY (COLLECTIVELY, THE "ELIGIBILITY AREA") AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO THE LAWS OF THE UNITED STATES.  DO NOT ENTER THIS PROMOTION IF YOU ARE NOT LOCATED AND LEGALLY RESIDING IN THE ELIGIBILITY AREA DURING THE ENTIRE TERM OF THIS PROMOTION.  SEE BELOW FOR ADDITIONAL ELIGIBILITY RESTRICTIONS.

NO ENTRY FEE OR PURCHASE IS REQUIRED TO PARTICIPATE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED BY LAW.

ENTRY IN THIS PROMOTION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THESE OFFICIAL RULES.

1. About The Promotion: The Yahoo! Seeds for Success (the "Promotion") is a program in which three women entrepreneurs will each win a $20,000 cash grant to help boost their existing business or jumpstart their business ideas. In addition, the three finalists will each be given technical support from Yahoo! Small Business partners, mentoring advice from Carolyn & Co. Media's fwm: Finding What Matters, and support from leading entrepreneurial experts. Once the three finalists are selected, their business growth will be tracked over a six month period. At the end of this period, one finalist will be named the grand prize winner and will receive an extra $10,000 cash grant for her business, the opportunity to meet Carolyn Kepcher in person, and additional promotional support.

2. Eligibility: The Promotion is open to female entrepreneurs who:

(a) are legal residents of one of the fifty United States or the District of Columbia;
(b) are at least 21 years of age;
(c) have not been convicted of a felony or crime of moral turpitude; and
(d) are EITHER:

(i)    the sole proprietor of a small business started on or after April 7, 2005 and before March 16, 2008;
(ii)    the principal owner (holding at least 51% of the vote and value) of an existing small business having 5 or fewer full-time employees (including the entrant) and making less than $250,000 in revenue, which was incorporated or formed on or after April 7, 2005 and before March 16, 2008;
(iii)    two owners (collectively holding at least 51% of the vote and value) of an existing small business having 5 or fewer full-time employees (including the entrants) and making less than $250,000 in revenue, which was incorporated or formed on or after April 7, 2005 and before March 16, 2008; OR
(iv)    a non-business owner who has entrepreneurial aspirations.  

Entrants and, as applicable, their businesses must be based in the fifty United Stated or District of Columbia and during the entire period of this Promotion, must remain in business and be in full compliance with all applicable federal, state and/or local business licensing requirements applicable to the business's category of business activity.  An entrant is not eligible if her/their business is an adult- or gambling-related business, violates any laws, rules or regulations, or which Yahoo! determines, in its sole discretion, is inappropriate for sale through the services provided by Yahoo!  The final determination as to whether any business complies with the above requirements is at the sole discretion of the Sponsor.  A business meeting all of the above requirements is referred to in these official rules as an "Eligible Business."  

Employees and agents of Yahoo! Inc., ("Sponsor"), Carolyn & Co. Media, LLC, participating media outlets, and each of their respective affiliates, subsidiaries, advertising and promotional agencies, any other prize sponsor/supplier, and any entity involved in the development, production, implementation, administration or fulfillment of the Promotion (all of the foregoing, together with Sponsor, collectively referred to as "Promotion Entities"), and the immediate family members and persons living in the same households as such individuals, whether related or not, are not eligible to participate or win.  Void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited by law.

3. Promotion Phases:  The Promotion consists of four phases:
A.    Phase One:  Beginning on March 17, 2008 at 12:00am PT and continuing through April 6, 2008 at 11:59pm PT ("Phase One"), an individual or individuals who meet all the criteria listed above may enter the Promotion (thereby becoming an "Entrant") by visiting http://seedsforsuccess.smallbusiness.yahoo.com (the "Promotion Website") and following the instructions there to submit an entry (an "Entry").    The Entrant will be asked to provide her name, company name and company website address (if there is one), a daytime telephone number, and Entrant's Eligible Business email address. If two owners of the same Eligible Business enter, the person who fills out the form will be the lead Entrant and the co-owners name must be included in the field on the registration form titled: "Name and title of Co-owner (only applicable for entries comprising co-owners)."  If applicable for your Entry, please choose who should be the lead Entrant carefully, because the lead Entrant will be individual with whom Sponsor communicate regarding this Promotion.  Also note that if media or publicity events are part of the Promotion or prize in the Promotion and there is only a spot for one owner, the lead Entrant will be chosen by default to be part of such media or publicity).  By entering as co-owners, the lead Entrant represents and warrants that she has received the permission of the co-owner to enter her as a co-owner in this Promotion, that the co-owner has agreed to these Official Rules and that the lead Entrant can provide proof of that consent and agreement in writing upon Sponsor's request.  Failure to abide by the prior sentence may result in disqualification of the Entry as a violation of these Official Rules.  As part of the Entry, the Entrant will be required to answer the following 4 questions:  
1. What is your business idea, and what need are you addressing?
2. What steps do you need to take to launch or accelerate your business?
3. How do you think that winning this program will help you accomplish your goals?  
4. Please tell us a little about yourself and any co-founders.

All Entries must be received by the close of Phase One.

Each Entrant is entering on behalf of themselves as an individual and not on behalf of their Eligible Businesses and bears responsibility for agreeing to these Official Rules and complying with all requirements in these Official Rules, although, as more fully set forth below, they must have the right to grant certain rights to Sponsor associated with their Eligible Business to participate in this Promotion.  If two owners of the same Eligible Business enter, they are considered one (1) Entrant and will receive only one (1) Entry, will only be eligible to compete as one (1) Entry, and will split the prize(s) won (if any) and the tax obligations associated with winning any prizes.  Even if portions of prizes won are used for or assigned to an Eligible Business, it is the Entrants individual obligations to report the applicable taxes associated with winning a prize.  In the case of two owners entering together as a single Entry, if one of the owners departs from the Eligible Business, the remaining owner may continue on in the competition and the Entry will not be disqualified; however, the remaining owner will become fully and solely responsible for all Entrant obligations under these official rules (including, without limitation, tax liabilities and obligations).  

LIMIT ONE ENTRY PER PERSON, AND, IF APPLICABLE, PER BUSINESS.  Although additional attempts to enter may be received, only the first eligible Entry received from any Entrant will be considered.  Submitting multiple entries in connection with this Promotion may result in disqualification from participation. All Entry materials (not including a business' name, logos, or trademarks) received become the property of Sponsor and will not be returned.  For the purposes of this Promotion and these Official Rules, "receipt" of an Entry occurs when Yahoo!'s servers record the entry information upon clicking the "enter" or "submit" button at the bottom of the entry form.  Any automated computer receipt (such as one confirming delivery of email or a "thanks for entering" message) does not constitute proof of actual receipt of an Entry by Sponsor.  The Promotion Entities assume no responsibility for advising an Entrant of an incomplete or otherwise non-compliant submission.  Late, unintelligible, incomplete, or garbled entries will be disqualified.  Sponsor assumes no liability for lost, damaged or misdirected entries.  

B.    Phase Two: At the conclusion of Phase One and continuing through approximately April 18, 2008 ("Phase Two"), the eligible Entries received during Phase One will be reviewed in an initial round of judging by a panel of Yahoo! Small Business staff and Carolyn & Co. staff (the "Judging Panel").  Entrants will initially be scored based on the following criteria, for a total of 100 points:

a)    Business Viability (including marketability, financial needs, and logistic feasibility) (35 points)
b)    Originality of the business idea, business model or business product (35 points)
c)    Management Strength (including training and/or expertise in the related field(s), training and/or expertise in business, a track record of success) (20 points)
d)    Business's use of technology and the degree of significance that it plays for the business (10 points)

The top 3 Entries as determined by the judges in Phase Two will be named as "Potential Finalists."  In the event of a tie in the First Round, the tied entries will be re-judged by a different panel chosen by the Sponsor according to the same criteria described above.

Between approximately April 18 and April 27, 2008, the three Potential Finalists and a select number of other potential alternate finalists ("Potential Alternates") will be contacted by telephone and/or email to arrange a personal interview and pre-screening with the Sponsor (the "Pre-Screening").  Each Potential Finalist and Potential Alternate will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, an "Affidavit and Release"), together with any other documentation or screening that may be required by Sponsors.  If any Potential Finalist/Alternate cannot be contacted, does not return a phone call or correspondence from the Sponsors within 48 hours following attempted notification, or fails to comply with the Sponsor's verification process for the Pre-Screening and/or the eligibility requirements in these Official Rules, that Potential Finalist/Alternate may be disqualified.  Similarly, the Affidavit and Release must be fully completed and returned to Sponsors within 7 days following the sending of those documents to the Potential Finalist/Alternate, or the Potential Finalist/Alternate may be disqualified.  If necessary to fill one of the three Potential Finalist spots, an alternate Potential Finalist may be selected, in rank order, from among the remaining Alternates, if time permits, and if any qualified Alternates remain, subject to the same eligibility and verification requirements described in these Official Rules.  Potential Finalists or Alternates which are disqualified for any reason will not be entitled to any form of compensation, and any and all rights to further participation or any prize in this competition will be forfeited.  The Judges reserve the right to select fewer than three Finalists or seven Alternates in the event that there is an insufficient number of Entries that are deemed to meet their criteria, or if any Potential Finalist or Potential Alternate, in the sole opinion of Sponsor, does not comply with the Sponsor's eligibility and verification requirements.

During the verification process, Yahoo! and fwm: Finding What Matters will finalize and publish to the Potential Finalists a set of progress milestones prior to the start of Phase Three, which will be used to determine the Grand prize winner ("Progress Milestones").  The Progress Milestones may include such metrics as percentage of revenue growth or other marketing and operational objectives.

C. Phase Three: Starting April 28, 2008 and ending October 12, 2008 at 11:59 PM PT ("Phase Three") the three confirmed finalists (each, a "Finalist") will each receive a "Finalist Prize", described in Rule 5 below.  During Phase Three, each Finalist will work with her Eligible Business to achieve, as best possible, the Progress Milestones identified in the previous Phase.  The Progress Milestones will be tracked on the Promotion Website.  In addition, each Finalist will contribute weekly blog entries (blog tools to be provided by Yahoo!) that will appear on the Promotion Website.  The Finalists may also be required to appear in a video to discuss their business ideas and goals.  The three Finalists must be willing and able to appear or comment for media outlets, in a manner and format specified by Sponsor. During this Phase members of the public may be invited to participate in a series of weekly polls.  The outcome of these polls has no bearing on the outcome of this Promotion.

D. Phase Four:  Starting October 13, 2008 the three Finalists will be scored based on the degree to which each Finalist's business has met the Progress Milestones in the previous Phase.

In addition, members of the public will have an opportunity through October 19, 2008 at 11:59pm PT to vote for the Finalist they believe is the most worthy of being named as the Grand Prize winner. The judges may take into account the public voting in their deliberations, but are not bound by the results of that voting in selecting winners.

In the event of a tie between two or more Finalists at the conclusion of Phase Four, the tie will be broken by awarding the Grand Prize to the Finalist who received the highest score for "Business Viability"  in Phase Two.  In the event the tie is still not broken, the Grand Prize will be awarded to the Finalist (among those still tied) who received the highest score for "Management Strength" in Phase Two.  In the event the tie is still not broken, the Grand Prize will be awarded to the Finalist (among those still tied) who received the highest score for "Originality" in Phase Two.  In the event the tie is still not broken, the Grand Prize will be awarded to the Finalist (among those still tied) who received the highest score for "Best Use of Technology" in Phase Two. The Grand Prize winner will be announced on or around October 27, 2008.

4. General Conditions of Entry: By entering the Promotion, each Entrant, and, if applicable, the Business on behalf of which she/they is/are entering the Contest:

A. agrees to be bound by these Official Rules, which will be posted at the Promotion Site throughout the Promotion, and by the standard policies, rules and regulations governing the Yahoo! service, including, without limitation, the Yahoo! Terms of Service; and acknowledges that failure to comply with any of the above will result in disqualification from the Promotion;

B. agrees to comply with and be bound by the decisions of the Sponsor and the judges relating to this Promotion, which shall in each case be final and binding in all respects;

C. WARRANTS AND REPRESENTS THAT THE ENTRANT(S) IS THE PRINCIPAL BUSINESS OWNER NAMED IN THE ENTRY, AND OWNS ALL RIGHTS TO, OR HAS OBTAINED ALL LICENSES AND OTHER PERMISSIONS NECESSARY TO USE AND SUBMIT THE ENTRY SHE.THEY IS/ARE SUBMITTING, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INCLUDING BUT NOT LIMITED TO IMAGES, TEXT, OR OTHER COPYRIGHTABLE MATERIAL, TRADEMARKS, SERVICE MARKS, LOGOS OR ANY OTHER INTELLECTUAL PROPERTY CONTAINED WITHIN THE ENTRY (COLLECTIVELY, THE "ENTRY MATERIALS"), AND CAN PROVIDE WRITTEN CONFIRMATION OF ANY OF THE ABOVE UPON REQUEST;

D. WARRANTS AND REPRESENTS THAT: (i) THE ENTRY MATERIALS ARE THE ORIGINAL CREATION OF THE ENTRANT OR THE BUSINESS SHE/THEY REPRESENTS, AND HAVE BEEN LEGALLY OBTAINED AND CREATED, AND DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY; (ii) THE SUBMITTED ENTRY MATERIALS ARE NOT CURRENTLY UNDER CONSIDERATION FOR ANY OTHER AWARD, CONTEST, OR PROMOTION; (iii) THE ENTRANT WILL NOT OTHERWISE SUBMIT THE ENTRY MATERIALS TO ANY OTHER ENTITY FOR ENTRY IN A COMPETITION OR PROMOTION FOR A PERIOD OF ONE YEAR AFTER THE CONCLUSION OF THE CONTEST PERIOD;

E. grants to Sponsor and its affiliates, legal representatives, assigns and licensees, the right and permission to reproduce, encode, store, copy, transmit, publish, broadcast, display, publicly perform, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), the Entrant's name, the name of and trade identities associated with the Entrant's Business, address, the entrant's image, voice, likeness, statements, biographical material and Entry Materials (in each case, as submitted or as edited by Sponsor, in Sponsor's sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the Entrant or the Entrant's Business and arising out of her/their participation in this competition (with or without using the Entrant's name or Business name) (collectively, the "Additional Materials") in any media throughout the world for advertising and publicity purposes without additional review, compensation, or approval;

F. forever waives any rights of publicity, rights of privacy, intellectual property rights, and any other legal or moral rights that might preclude the Promotion Entities' use of the entrant's Entry Materials or the Additional Materials or require the Entrant's or the Entrant's Eligible Business's permission for the Promotion Entities to use them for promotional purposes, and agrees, on behalf of herself and her Business, to never sue or assert any claim against the Promotion Entities relating to the Promotion Entities' use of those Materials;

G. acknowledges and agrees that (a) Promotion Entities and other Entrants and businesses have access to and/or may create or have created materials, ideas and concepts which may be similar or identical to the Entrant's Entry Materials in theme, idea, concept, business model, format and/or other respects; (b) the Entrant will not be entitled to any compensation or other consideration because of the use by Promotion Entities of any such similar or identical material, ideas and/or concepts; and (c) Promotion Entities' use of material containing elements similar to or identical with those contained in the Entry Materials or any submission shall not obligate Promotion Entities to negotiate with nor entitle the Entrant or her business to any compensation or other claim;

H. agrees to indemnify and hold the Promotion Entities and their respective subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the "Promotion Indemnitees"), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees due to or arising out of the Entrant's Entry Materials or Additional Materials in this Promotion, or the Entrant's or her Eligible Business's conduct during and in connection with this Promotion, including but not limited to trademark, copyright, or other intellectual property rights, right of publicity, right of privacy and defamation; and

I. potential Finalists/Winners: (i) agree that the Promotion Entities may seek, at their option, a background check (including a criminal background check) on them and/or their Eligible Business from one or more outside sources; (ii) that the results of the background check may result in disqualification of the potential Finalist/Winner from the Promotion if the results make the Entrant ineligible in accordance with Section 2 of these Official Rules; and (iii) the results of the background check may require Sponsor to refrain from including Entrant in media or publicity activities associated with this Promotion.


5. Prizes:  

a. Finalist Prizes:
The three confirmed Finalists will each receive:
a)    $20,000 cash, delivered in the form of a check;
b)    Yahoo! Web Hosting services (standard package valued at $11.95/month) for 2 years;
c)   Up to $5,000 in partner provided web site design on Yahoo! Web Hosting or Yahoo! Merchant Solutions, to include client services work, design, and coding for the sites.   

d)  A one-hour consultation session, via telephone, with 2 top-level executives, to be completed within six months following the conclusion of Phase 2 (exact executives to be selected by fwm: Finding What Matters and subject to availability and executives' schedule)
e)  A one-hour consultation session, via telephone, with Carolyn Kepcher, CEO of Carolyn & Co Media, LLC, to be completed within six months following the conclusion of Phase 2 (subject to availability and schedule)
f)  Six one-hour consultation sessions, via telephone or in person (location pending), with a minimum of three other business experts selected by the Sponsor and fwm: Finding What Matters, to be completed within six months following the conclusion of Phase 2 (subject to availability and schedule)
g)  Promotional support from Yahoo! selected by Yahoo!, including limited publicity on the Promotion Website
h)  Promotional support from fwm: Finding What Matters including  editorial coverage on findingwhatmatters.com
Approximate retail value of each Finalist Prize: $25,000.

b. Grand Prize:
One Grand Prize winner will receive:
a)    $10,000 cash, delivered in the form of a check
b)    Two one-hour consultation sessions, via telephone or in person (location pending), with business experts, to be completed within one year following the conclusion of the Promotion; exact experts to be chosen by Sponsor
c)    Opportunity to meet Carolyn Kepcher, CEO of Carolyn & Co Media, LLC, in person, in New York City to be completed between the conclusion of the Promotion and the end of 2008.  Trip to New York (for Grand Prize winner and guest) includes round trip coach class air transportation for winner and companion from a major U.S. airport close to winner's home (carrier and airport to be selected by Sponsor)  to New York, NY; hotel accommodations (one room, standard, double occupancy) for 4 days/3 nights; ground transportation between New York-area airport and hotel; and a possible opportunity to participate in a press event promoting Yahoo! Small Business, fwm: Finding What Matters and Grand Prize winner's business.  Note, however, if the Grand Prize winning Entry consists of two owners, the trip would be for the lead Entrant and the other owner and not any guests.
d)    Promotional support from Yahoo! selected by Yahoo!, including limited media promotion from Yahoo! Small Business
e)    Promotional support from fwm: Finding What Matters, including editorial coverage on findingwhatmatters.com.

The following applies to the Grand Prize: Approximate retail value of Grand Prize: $15,000 (Prize value may vary depending on winner's point of departure and cost of accommodations at time of reservation).  Except as specifically provided herein, prize does not include taxes, insurance, telephone charges, personal expenses, travel arrangements between winner's home and U.S. airport of departure, ground transportation, gratuities, passenger facility charges (PFCs), departure taxes, incidental charges, in-room charges or any other item not specifically described in these Official Rules, and all expenses for any of the foregoing are the sole responsibility of the prize winner.  Winner may be required to provide a credit card to cover incidentals and related expenses at the time of hotel check-in.  Winner and her travel companion must be able to travel in a window between October 18 - December 31, 2008 (exact dates will be announced by Sponsor at time of Prize fulfillment), or travel portion of prize may be forfeited, and no compensation awarded in lieu thereof.  If verification procedures cannot be completed in time for a selected winner to take the trip on the dates designated above, the travel portion of the Prize may not be awarded, and no compensation will be awarded in lieu thereof.  If winner is an employee of the winning company, the winning company may appoint an authorized representative/agent of the company to attend the New York trip.  If winner is a sole proprietor, she may not transfer the trip portion of the trip to any other person.  Once confirmed, travel arrangements and accommodations cannot be changed by winner; however, travel is subject to availability, blackout dates, and/or change due to circumstances beyond Sponsors' and Administrators' control.  Winner and her travel companion must travel on the same dates, itinerary, and fare class.  All travel awarded in this Promotion must originate from and end at a major airport near winner's home, as determined by Sponsor, and must be completed by December 31, 2008.  Sponsor reserves the right to substitute ground transportation for the air transportation component of the Grand Prize, depending on winner's proximity to New York, NY.  Should such substitution occur, the difference in prize value will not be awarded.  No extensions will be permitted, and any unused travel will be forfeited, and no compensation awarded in lieu thereof.  All tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code-share flights may be used.  Travel companion must be 18 or older to accompany winner on New York prize trip.  

The following applies to all Prizes: It is each winner's responsibility to determine, subject to any agreement she/they may have with the minority owners of her business, if and how the prize is to be divided.  Under no circumstances will duplicate prizes be awarded (including, without limitation, to others holding minority ownership shares in the business associated with the winning Entry), and neither Sponsor nor any of the Promotion Entities will be liable for any disputes between co-owners comprising a single Entry or between any Entrant and other stakeholders or employees of the business associated with an Entry.  Prizes cannot be used in conjunction with any other promotion or offer.  Prize may not be transferred or assigned except by Sponsor or as provided herein.  Only listed Prizes will be awarded and no substitutions, equivalents or redemptions will be made, except that Sponsor reserves the right to substitute for a Prize or any component thereof with another prize of equal or greater value in the event that the advertised Prize (or any component thereof) is not available.  Expenses not specifically stated above, together with the reporting and payment of all applicable income taxes, arising out of, or resulting from, acceptance or use of a Prize, are the sole responsibility of the winner.  Yahoo! expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use of the prizes awarded.  Yahoo! makes no representations or warranties concerning the appearance, safety, or performance of any prize awarded.  Restrictions, conditions, and limitations apply.  

By entering this Promotion and accepting a prize, each winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion.  Each winner understands and agrees that Sponsor has the right, in its sole discretion, to disqualify and remove the winner or her guest (as applicable) from any activity at any time if the winner or his/her guest's (as applicable) behavior at any point is disruptive or may or does cause damage to person, property, or the reputation of Sponsor or otherwise violates the policies of the prize providers.  

6. Winner Notification: Potential Finalist Prize winners will be notified on or around April 18, 2008 via email, U.S. mail, telephone and/or overnight courier.  Potential Grand Prize winner will be notified on or around October 20, 2008.  Prize winners from both phases may be contacted by a third party fulfillment house and will be required to sign, notarize and return any additional documentation that may be required by the Sponsor in connection with the fulfillment of the prize, in accordance with the deadlines specified by the fulfillment house.

Return of any prize/prize notification as undeliverable, or inability of Promotion Entities to contact a potential winner may result in disqualification and selection of an alternate winner using the methods and ranking system described above.

7. General Conditions: This Promotion is governed by the laws of the United States. All federal, state and local laws and regulations apply.

Sponsor reserves the right at its sole discretion to disqualify the Entry of any individual or Business found to be (a) tampering or attempting to tamper with the entry process or the operation of the Promotion or any Yahoo! website; (b) violating the Official Rules; (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Yahoo! property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.  Further, Sponsors reserve the right to disqualify any Entry which, in Yahoo!'s sole opinion, is deemed to be offensive, disparaging to the Sponsor or otherwise portraying Sponsor in a negative manner, libelous, slanderous, inflammatory, or otherwise inappropriate in any way for this Promotion.  CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  

By accepting a prize, winner and the Eligible Business she/they owns or represents agree to release, indemnify and hold harmless Promotion Entities, and their respective parent companies, subsidiaries, affiliates, directors, officers, employees, and agents from any and all liability for any injuries, loss or damage of any kind to persons, including but not limited to death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, participation in this Promotion, or while traveling to, preparing for or participating in any prize-related activity.  

8. Limitations of Liability: The Promotion Entities assume no responsibility for any computer, online, telephone transmission or technical malfunctions that may occur during participation in the Promotion, or for theft, destruction or unauthorized access to, or alteration of, Entry Materials.  Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by website users, Promotion participants or any of the equipment or programming associated with or utilized in the Promotion; or for any technical or human error which may occur in the transmission, receipt or processing of submissions in the Promotion.  Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including but not limited to any such problems which may result in the inability to access the Promotion Website or any website submitted in connection with an Entry in this Promotion).  Promotion Entities are not responsible for any injury or damage to participants or to any computer related to or resulting from participating or downloading materials in this Promotion.  If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion and select the winner from among qualifying entries received prior to the time/date of the action or event warranting such cancellation, termination, modification or suspension, if any.

9.  Disputes/Governing Law.  Except where prohibited, as a condition of participating in this Promotion, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action.  Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than Entrant's actual out-pocket expenses (e.g., costs associated with entering this Promotion), and Entrant further waives all rights to have damages multiplied or increased.  

All issues and questions rights and obligations of an Entrant in connection with this Promotion shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, County of Santa Clara.  

The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, County of Santa Clara, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

10. Privacy: By entering the Promotion, you agree to Yahoo!'s use of your personal information as described in Yahoo!'s Privacy Policy, located at http://info.yahoo.com/privacy/us/yahoo/promotions/details.html.

11. Winner's List: The names of the Promotion winners may be obtained between October 27, 2008 and January 27, 2009 by sending a self-addressed stamped envelope to: Yahoo! Seeds for Success Promotion, PO Box 3646, Dept 07, St. Cloud, MN 56397-3646

12. Official Rules: For a copy of the Official Rules, print this web page or send a self-addressed, stamped envelope to: Yahoo! Seeds for Success Promotion, PO Box 3823, Dept 07, St. Cloud, MN 56397-3823.  VT residents omit return postage. Requests received after October 27, 2008 will not be honored.

13. Sponsor: Yahoo! Inc., 701 First Avenue, Sunnyvale, CA 94089.