ONDECK’S “YOUR BEST BUSINESS ADVICE” VIDEO SUBMISSION CONTEST
OFFICIAL RULES (“OFFICIAL RULES”)

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NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED. BY ENTERING THIS CONTEST, EACH ENTRANT ACCEPTS AND AGREES TO BE BOUND BY THESE OFFICIAL RULES.

The Sponsor of this “Your Best Business Advice” Video Submission Contest (the “Contest”) is On Deck Capital, Inc. (the “Sponsor”), located at 1400 Broadway, 25th Floor, New York, NY 10018.

To enter, a Participant must first read, consent and agree to be bound by these Official Rules.  By submitting a video recording to the Sponsor in connection with the Contest and in accordance with these Official Rules (the “Video”), a Participant is acknowledging that he/she has read and consented to these Official Rules. The Contest entry period begins on Monday February 5, 2018 at 12:01 a.m. ET and ends on February 28, 2018 at 11:59 p.m. PT (the “Entry Period”).  Video submissions must be submitted to Sponsor within the Entry Period by means of the internet, social media, electronic mail, or text message only.  No other methods of entry will be accepted. Video submissions must be in English and must not exceed 30 seconds and must answer the question “What’s your best business advice?”  All entrants may be required to provide their complete name and e-mail address and the name of their small business. Duplicate entries will be disqualified.  Use of any automated entry software is prohibited.

All Contest entries become the property of Sponsor, and Sponsor reserves the right to use any information submitted by Participants. Sponsor is not responsible for lost, late or corrupted entries, including due to technical/network failures, human error, or any other error or malfunction.  Participants agree not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any attempt to deliberately damage any web site or social media platform or to undermine the operation of the Contest is a violation of criminal and civil laws, and Sponsor reserves the right to seek damages from any person who makes such attempt(s). Participants also agree not to provide or upload any content which is defamatory, threatening, distasteful, racist, unlawful or otherwise objectionable.

The Contest is open only to businesses (each a “Small Business”) that, at the time of entry, (a) are located in and primarily operate in the fifty (50) United States (including the District of Columbia), (b) have a valid e-mail address, (c) do not operate, either directly or indirectly, in any restricted industry listed at https://www.ondeck.com/restricted-industries/, and (d) are currently active, lawful, and have all necessary and required licenses and registrations. An owner, or an employee of a Small Business who has express permission from an owner, and is at least eighteen (18) years old (or the age of majority in his/her state of residence) may submit a Video entry; however, the Small Business is the entrant for purposes of these Official Rules. The Contest is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited or restricted by law, rule or regulation.

The Contest winner will be selected by random drawing (the “Winner”) by Sponsor from all eligible Video entries received during the Entry Period. Odds of winning depend upon the number of eligible entries received.  A purchase of Sponsor’s products or services will not increase the odds of winning. The Winner will be notified first by email address or by the telephone number provided in connection with the Contest entry. The Winner must meet all eligibility requirements including the execution and delivery of all necessary releases. If any attempted notification of the Winner is not successful within ten (10) days, the prize will be forfeited and Sponsor reserves the right to randomly select an alternate winner from among the remaining eligible entries.

ONE (1) PRIZE will be awarded. The Prize is a single gift card, with a retail value of One Thousand Dollars United States Dollars ($1,000.00 USD). Prizes may not be exchanged or redeemed for cash, sold, or traded. No prize transfer, assignment, or substitution by any Winner is permitted. Sponsor reserves the right to substitute a prize, in which case a prize of equal or greater value will be awarded. Each Winner will be solely responsible for any and all local, state, and federal taxes (including income and withholding taxes) associated with the Prize and/or its use. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. Winners will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.

Winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Proof of U.S. residency, age, and identity may be required to claim a Prize. Winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest. An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. In the event that a Winner is determined to be ineligible or fails to respond to Sponsor within ten (10) days of notification, the Prize will be forfeited and Sponsor reserves the right to randomly select an alternate winner from among the remaining eligible entries. Sponsor reserves the right to terminate the Contest without awarding the prizes if no eligible winners or alternate winners claim the prizes within the required time period. Acceptance of the Prize constitutes permission to the Sponsor to use Winner’s and Winner’s business’s name and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law.

By submitting a Video in connection with the Contest and in accordance with these Official Rules, Participant (i) agrees that his/her Video submission (and any portion thereof) is an original work of authorship and he/she owns all right, title and interest in the Video submission (and any portion thereof) as of the date of submission; (ii) grants to Sponsor and its respective directors, officers, employees, subsidiaries, affiliates, successors and assignees a perpetual, royalty-free, worldwide, irrevocable, nonexclusive license and unlimited right to: (a) publish with or without attribution, in Sponsor’s sole discretion, Participant’s Video in any and all online and electronic media, including, but not limited to, all social media or any other forms of publication regardless of media or technology type; (b) use, re-use, copy, publish, republish, edit, add to, modify, and rearrange the Video, in whole or in part, in whatever media, whether now known or hereafter created, without further permission and without consideration or payment of any kind; and (c) use, reproduce, display, copy, transcribe, distribute, exhibit and otherwise use my name, biographical information, voice, image, and related graphic information as contained in the Video, or any parts thereof, in any manner of media, whether now known or hereafter created.

By submitting a Video in connection with the Contest and in accordance with these Official Rules, Participant also releases and indemnifies the Sponsor and its employees, subsidiaries, affiliates and assignees from all claims, actions, suits, demands, agreements, liabilities, judgments and proceedings at law or in equity of any kind arising at any time relating to the Participant’s Video. Participant further releases and indemnifies the Sponsor for any claims Participant or any third party may have for copyright infringement, right of publicity, invasion of privacy, defamation, or any other cause of action arising out of the use, adaptation, reproduction, distribution, broadcast, publication or exhibition of the Participant’s Video.

By submitting a Video in connection with the Contest and in accordance with these Official Rules, Participant further acknowledges that (i) the Sponsor is under no obligation to use content relating to Participant or Participant’s Video in any capacity and (ii) the Sponsor shall own exclusivity all right, title and interest to the Participant’s Video and all content comprising such Video (provided,  that the Sponsor hereby grants to Participant a limited, non-exclusive, non-transferable, royalty-free license, to use, display, and publish Participant’s Video in compliance with applicable law;  provided further, that the Sponsor may terminate such license at any time upon one weeks’ prior written notice to Participant).

Sponsor will not be responsible for lost, late, damaged, incomplete, stolen, illegible, indiscernible, mutilated, illegally obtained, postage due or misdirected entries or for any typographical, or other error in the printing of the offer, administration of the Contest, or announcement of the prize and/or all Contest-related materials. By entering this Contest, each entrant forever discharges, releases, and holds harmless Sponsor and each of its parent companies, subsidiaries, affiliates, and each of its directors, officers, employees, and agents from any and all liability, claims, losses, damages, causes of action, suits, and demands of any kind arising from or in connection with the Contest, however caused.

These Official Rules are subject to modification by Sponsor. In the event of a dispute, all decisions made by Sponsor are final and binding. Sponsor reserves the right, in its sole discretion, to disqualify any person who tampers with or abuses the entry process, or who otherwise acts in violation of these Official Rules. Any questions of eligibility, application and interpretation of these Official Rules shall be determined exclusively by the Sponsor in its sole and absolute discretion, and such determination shall be final, binding and non-appealable. Sponsor further reserves the right, in its sole discretion, to cancel, terminate, or modify this Contest if, for any reason, the Contest is not capable of completion as planned, including due to force majeure or non-authorized human intervention that compromises or affects the administration, fairness, integrity, or proper conduct of the Contest.

A Winner, by acceptance of the Prize, grants to Sponsor and its designees the right to publicize such Winner’s (and, as applicable, such Winner’s Small Business’) name, address (city and state), photograph, voice, statements, biography, and/or other likeness, Video submission and Prize information, in whole or in part, for advertising, promotional, trade and/or any other purpose in conjunction with this Contest and similar promotions in any and all media or format now known or hereafter developed, throughout the world, in perpetuity, without further compensation, consideration, notice or permission, except where prohibited by law.

Each Winner accepts and acknowledges that Sponsor shall not be obligated to use any content in any Video submission and that Sponsor in its sole and absolute discretion shall have the right to refrain from using any such content. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Winner will indemnify Sponsor, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach or alleged breach of these Official Rules.

Names and e-mail address of Participants may be used for future marketing solicitations by Sponsor. All information submitted by participants is subject to, and will be treated in a manner consistent with, Sponsor’s Privacy Policy accessible at https://www.ondeck.com/privacy/. Participants may be given the option to receive marketing communications (including commercial e-mails) from Sponsor; however, eligibility to participate in the Contest is not dependent upon participant’s consent to receive such communications and consenting to receive any such communications will not impact a participant’s chance of winning.

For the name of the Winner (available after all Winner confirmation and verification is complete), mail a request and a self-addressed, stamped envelope to: On Deck Capital, Inc., 1400 Broadway, 25th Floor, New York, NY 10018, Attn: Your Best Business Advice Contest.

OnDeck, the OnDeck logo, OnDeck Score® and OnDeck Marketplace® are trademarks of On Deck Capital, Inc. All rights reserved.