Terms and Conditions

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The application period begins on Monday, May 11, 2015 at midnight Eastern Daylight Time and ends on Monday, July 6, 2015 at 11:59:59 pm Eastern Daylight Time. No application submitted after 11:59:59 pm on July 6, 2015 will be accepted. Only applications completed electronically and sent via email will be accepted. Financial statements for the last four years of the nominated business must be submitted with the applications forms.

Neither the person nominating the business nor the nominated business (collectively the “Applicant”) are required to be a client of the Business Development Bank of Canada (BDC) or a member of the Turnaround Management Association – Montreal Chapter (TMA-Montreal) to be eligible.

Requirements

By participating in the Contest, the Applicant agrees to be bound by the 2015 BDC Entrepreneurial Resiliency Award (the “Award”) Terms and Conditions (the “Terms and Conditions”) and by the interpretation of these Terms and Conditions by BDC and TMA-Montreal, and further warrants and represents that the application:

  1. Does not and will not violate any law, statute, ordinance or regulation;
  2. Is not defamatory or trade libelous; and
  3. Does not contain, depict, include, discuss or involve, without limitation, any of the following:
    • content that endorses, condones or discusses any illegal, inappropriate or risky activity, behavior or conduct;
    • conduct or other activities in violation of the Terms and Conditions;
    • commercial messages, comparisons or solicitations for products or services, other than those represented in the application; and
    • any other content that is or could be considered inappropriate or unsuitable, all as determined by BDC, TMA-Montreal and/or the Selection Committee (as hereafter defined) in their sole discretion.

BDC, TMA-Montreal, their advertising and promotion agencies, and the Selection Committee (collectively the “Contest Organizers”) are not responsible for late, lost, misdirected, delayed, incomplete or incompatible applications.

Any application that the Contest Organizers deem, in their sole discretion, to violate the Terms and Conditions will be rejected and the nominated business will be disqualified.

Selection process

Once received, all applications will be screened by BDC and TMA-Montreal for eligibility purposes. The applications will then be evaluated according to a standard grid based on the evaluation criteria set out below. Once all applications have been evaluated, BDC and TMA-Montreal officials will determine which nominated businesses should be shortlisted as finalists for the Award.

Evaluation criteria

The Selection Committee will choose the BDC Entrepreneurial Resiliency Award Recipient (the “Recipient”) based on the following:

  • Management’s ability to recognize the crisis and adapt, with or without external assistance;
  • Financial results before and after the turnaround or pivotal event, and the overall timeline;
  • Completeness and coherence of the solution, considering all elements in the business model, whether operating/financial/manufacturing;
  • Sustainability of enhancements further to the turnaround or pivotal event; and
  • Impact of the turnaround or pivotal event on the local community.

Before being declared a Finalist, the potential Finalist must sign and return a declaration and release prepared by BDC, which, among other things:

  • must be received by TMA-Montreal within three (3) business days of notification;
  • confirms compliance with the Terms and Conditions;
  • acknowledges acceptance of the finalist designation or potential 2015 BDC Resiliency Award Recipient designation, if applicable;
  • releases the Contest Organizers and each of their respective agents, employees, directors, successors, and assigns from any liability in connection with this contest;
  • acknowledges that a business can only be named Recipient of the Award once in its lifetime;
  • confirm agreement to indemnify the Contest Organizers and each of their respective agents, employees, directors, successors, and assigns against any and all claims, damages, liabilities, costs, and expenses arising from the use of the application, including without limitation, any claim that the application infringes a proprietary interest of any third party.

All applications, including the financial statements of shortlisted businesses, will then be subjected to due diligence, following which they will be sent to the Selection Committee for review and selection of the Recipient.

If the potential Recipient cannot be reached by phone or email, he/she will forfeit the business’s opportunity to become the Recipient of the 2015 BDC Entrepreneurial Resiliency Award. In such an event, the shortlisted business whose application scored the second highest by the Selection Committee will be deemed to be the alternate potential Recipient. The same administrative procedure as mentioned above will apply to the alternate potential Recipient. If the alternate potential Recipient cannot be reached by phone or email, he/she will forfeit the business’s opportunity to be the Recipient.

A member of the management team of the Recipient’s company must make sure to be present at the TMA-Montreal luncheon on September 9, 2015, where the Award Recipient will be honoured.

BDC and TMA-Montreal reserve the right not to select the Recipient should no member of the Recipient’s management team be able to accept the Award on behalf of the company.

The prize

The Recipient of the Award will receive:

  • An invitation to a TMA-Montreal luncheon on September 9, 2015, at Saint James’ Club in Montreal (with travel and accommodation included for the Recipient and a guest as specified by the TMA-Montreal and the BDC), with the opportunity to deliver an acceptance speech to an audience of restructuring professionals, traditional and non-traditional lenders, alternative investors and leaders, and their guests.
  • Prominence in a national press release, including background information about the Recipient’s accomplishments and national recognition.
  • Visibilité on the BDC Web site.
  • A trophy recognizing the business as the Recipient of the 2015 BDC Entrepreneurial Resiliency Award.

Protection of personal information and confidentiality

All applications will be kept confidential by the Contest Organizers. Unless the Applicant authorizes BDC and TMA-Montreal to contact him/her for marketing or business development purposes, the personal data, information and documents included in the application (“the Information”) will be kept confidential by BDC and TMA-Montreal according to their respective Privacy Policies and will be used only during the evaluation process and in the course of administering the Contest. In the course of an application’s evaluation, the Information will be divulged only to parties who are authorized to review it. If the Applicant authorizes BDC and TMA-Montreal to contact him/her for marketing or business development purposes, the Information may be provided to a BDC or TMA-Montreal representative who will get in touch with the Applicant to evaluate the company’s needs. Notwithstanding the above, if an Applicant is selected as the Recipient, the Applicant hereby authorizes BDC and TMA-Montreal to use the responses included in the application in, but not limited to, BDC and TMA-Montreal’s websites and other advertising/commercial material developed by BDC and TMA-Montreal, without the need to obtain any additional consent from the Recipient. No financial data on the Applicant’s company/companies will be divulged. In all cases, the Applicant’s Information will be retained by BDC and TMA-Montreal for analysis or statistical purposes, among others, unless the Applicant contacts BDC and/or TMA-Montreal and requests that the Information be destroyed. In the absence of authorization, the Applicant will not be contacted for purposes other than the contest.

Each Applicant expressly consents to BDC and TMA-Montreal, their agents and/or representatives, storing, sharing and using the personal information submitted with the application only for the purpose of administering the Contest and in accordance with BDC and TMA-Montreal’s respective Privacy Policies, unless the Applicant otherwise agrees.

Limitation of liability

Without limitation, the Contest Organizers will not be liable for:

  • Website failure during the contest;
  • Any technical malfunction or other problems relating to the telephone network or lines, computer systems, servers, access providers, computer equipment or software;
  • The failure of any application to be received by TMA-Montreal and its advertising and promotion agencies for any reason including, but not limited to, technical problems or traffic congestion on the Internet or at any website; or any combination of the above.

The Contest Organizers shall not be responsible for any errors or omissions in the advertising or administration of this Contest.

The Contest Organizers will not be liable for any damage to an Applicant’s application or any person’s computer related to or resulting from participating or downloading any material for the Contest.

General conditions

By entering the Contest, the Applicant hereby:

  • agrees to release and hold harmless the Contest Organizers and each of their respective agents, employees, directors, successors, and assigns from and against any and all claims based on, or arising out of, directly or indirectly, the application, the Applicant’s participation in the content, the facts alleged in the application on the documents filed in support thereof, including without limitation any claims relating to publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action;
  • in consideration of receiving the BDC Entrepreneurial Resiliency Award described above, agrees to the use of the company’s name, city, province or territory of residence, and/or photograph/logo for advertising or publicity purposes by BDC, TMA-Montreal or their designees, the whole without any right for compensation and without the need for BDC, TMA-Montreal or their designees to obtain any further authorization or consent.

The Applicant is solely responsible for obtaining authorization to use any material supporting the nomination and for respecting the intellectual property and/or legal rights attached to such material.

The Contest Organizers will bear no liability, expressed or implied, regarding the use of the application by the Contest Organizers and shall be held harmless by any Applicant in the event that it is subsequently discovered that the Applicant has departed from or not fully complied with any of the Terms and Conditions.

In the event of any conflict, inconsistency or discrepancy between any advertising relating to this contest and the Terms and Conditions, the Terms and Conditions shall govern. In the event of any conflict, inconsistency or discrepancy between the French and English versions of the Terms and Conditions, the English version of the Terms and Conditions shall govern.

BDC and TMA-Montreal reserve the right, without any previous notice, to withdraw or modify this contest and/or the contest’s Terms and Conditions without any justification to the Applicants including, but not limited to, in the event of an advertising or administrative error, omission, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of BDC and TMA-Montreal that interferes with the proper conduct of the contest as contemplated by the Terms and Conditions.

Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, BDC and TMA-Montreal reserve the right to seek remedies and damages to the fullest extent permitted by law.

The evaluation performed by BDC and TMA-Montreal officials and the Selection Committee is confidential and will not be disclosed to Applicants, finalists and the Recipient. The decisions of BDC, TMA-Montreal and the Selection Committee with respect to all aspects of this Contest are final and binding on all Applicants, finalists and the Recipient without right of appeal.