Office Depot® "Hurricane Preparedness Contest for Small Business" Official Rules for Palm Beach County NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS CONTEST. THE "HURRICANE PREPAREDNESS CONTEST FOR SMALL BUSINESS" PALM BEACH COUNTY VERSION ("CONTEST"), SPONSORED BY OFFICE DEPOT, INC. ("SPONSOR") IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE UNITED STATES. CONTEST BEGINS AT 12:00:01 A.M. EDT ON JUNE 4, 2007 AND ENDS AT 11:59:59 P.M. EDT ON JUNE 23, 2007 ("PROMOTION PERIOD"). VOID WHERE PROHIBITED. PROGRAM DESCRIPTION. The Contest allows entrants to submit an original essay of no more than 500 words, nominating the owner of a small business located in Florida's Palm Beach county and describing why the owner's small business is most in need of a hurricane-preparedness makeover. ELIGIBILITY. This Contest is open only to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and own a small business that is registered and operated within Florida's Palm Beach county at time of entry (a "Nominee"); however, entries may be submitted by any legal resident of the 50 United States and the District of Columbia who is 18 years of age or older at time of entry (a "Nominator") on behalf of a Nominee. If you are an eligible Nominee, you may nominate yourself. Nominators are not eligible to win a prize in this Contest, unless the Nominator is also an eligible Nominee. A small business is defined for the purpose of this Contest as one that is independently owned and operated and has no more than 99 full- and part-time employees. Any determination of the eligibility of any Nominator, Nominee, or small business shall be made by Sponsor in its sole discretion. Employees, officers and directors of Sponsor, its subsidiaries, affiliates, parent companies, retail locations, suppliers, distributors, advertising, promotion or any other agencies or entities involved with this Contest, and members of their families (parents, siblings, children, and their respective spouses) and/or those residing in the same household (whether related or not) of each of the above are not eligible to enter or win. Void outside the United States and where prohibited. HOW TO ENTER. THERE ARE TWO WAYS TO ENTER: 1) Online Entry: During the Promotion Period, you may nominate a small business owner by visiting www.officedepot.com/hurricanecontest and completing the online Official Entry Form, including all requested information and your essay. Essays may be typed directly into the provided web window, or cut and pasted from a word processing program into the provided web window. Once the form is complete, click the "submit" button to submit the entry. Online entries must be received by 11:59:59 P.M. EDT on June 23, 2007. 2) Mail-in Entry: During the Promotion Period, you may nominate a small business owner by visiting www.officedepot.com/hurricanecontest, printing the available mail-in entry form, completing all requested information on the form, and mailing it along with your essay to: Office Depot Hurricane Preparedness Contest for Small Business, P.O. Box 869, New York, NY 10150-0869. Mail-in entries must be postmarked by June 23, 2007 and received by June 28, 2007. ENTRY CONDITIONS. All entries must be written in English. Your entry must be your own original work, be true, be in keeping with Sponsor's image and may not be offensive (as determined by Sponsor in its sole discretion) nor can it defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's personal or property rights or any other third party rights. Neither your entry nor any part thereof may have been previously published or have won an award in any contest or competition. Entries will be disqualified automatically if they do not satisfy all the requirements of these Official Rules, or if they are deemed by the Sponsor, in its sole judgment, to be obscene or otherwise not in good taste. Sponsor is under no obligation to correspond about entries nor will entries be acknowledged or returned. Failure to comply with these Official Rules may result in your disqualification from the Contest at the sole discretion of Sponsor. Limit one entry per person and/or per e-mail address regardless of method of entry. Additional entries beyond the above limit received from any person and/or e-mail address during Promotion Period will be void. The name of only one business owner may be provided on the entry form. If a winning entry lists more than one owner, a random drawing will be conducted from all owners listed on the entry form to select one winner. If there is a dispute about to whom the e-mail address or entry belongs, the entry will be deemed to be submitted by the e-mail account holder. No automatic, programmed, robotic or similar means of entry are permitted and individuals engaging in such practices will be disqualified. All entries become the sole property of the Sponsor and will not be acknowledged or returned. USE OF ENTRY. By submitting an entry, each Nominator (or, if an eligible minor, Nominator's parent or legal guardian) agrees to grant the Sponsor and its designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the entry, or any portion thereof, in any manner or medium, in its sole discretion. The Sponsor reserves all rights, including the right to edit, publish, use, adapt, exploit, modify, copy, disseminate or dispose of any entry, the concepts embodied therein or any elements thereof, and any works created based on the entry, in any other media throughout the world in perpetuity for advertising and promotional purposes without compensation, permission or notification to the entrant of any kind, except as prohibited by law. Without limiting the foregoing, Sponsor shall have the right to change the names of any persons named or described in the entry or make other modifications to protect the privacy or other rights or interests of persons depicted or described in the entry. JUDGING/NOTIFICATION OF WINNERS. Judging will be completed on or about August 1, 2007 by representatives of Sponsor. All eligible entries will be judged based on the following criteria: [1] uniqueness of story, [2] power to grip/move audience with story, [3] expressiveness of story, and [4] ability to inspire others, with equal weight given to each criterion. In the case of a tie, the entry with the most unique story will prevail. Decisions of the judges are final on all matters relating to this Contest. Odds of winning any prize depend on the skill of the entrant, quality of the entry and the number of eligible entries received. Pending verification of eligibility, one Grand Prize will be awarded to the Nominee named in the highest rated entry from among all eligible entries nominating the owner of a small business located in Palm Beach county, FL (the "Winner"). Winner's small business must be operating at the time prize is awarded. Potential Winner will be notified by telephone and/or overnight mail, and will be required to complete a notarized affidavit of eligibility, a liability release and (where legal) a publicity release, which must be returned within 5 days of the date these documents are mailed. Non-compliance with any of the foregoing or return of prize notification/documentation as non-deliverable may result in disqualification. If any Winner is deemed ineligible or fails to satisfy all requirements set forth in these rules, Sponsor may in its discretion disqualify the Winner and award the prize to the Nominee named in the next highest rated entry in the same category, pending verification of eligibility. Prize will be awarded, assuming a sufficient number of eligible and qualified entries are received. PRIZES. One (1) Grand Prize: a small business hurricane preparedness makeover, including up to 3 hours of consulting services to determine the hurricane preparedness needs of the recipient (valued at approximately $1,500), Office Depot gift cards totaling $5,000 to purchase products to help the Winner's company better face a hurricane, and a check for $2,200, which could be used toward the payment of taxes. Consultation schedule is subject to Sponsor's approval. Approximate retail value of Grand Prize is $8,700. Gift cards subject to terms and conditions and limitation. All other expenses not specified herein are the sole responsibility of the prize recipient. All details of prize components will be determined by Sponsor. TERMS AND CONDITIONS. By participating in this Contest, each entrant (whether a Nominator or Nominee) agrees to be bound by these Official Rules and by all decisions of Sponsor and judges (whose decisions are final and binding on all matters relating to the Contest), and to comply with all federal, state and local laws and regulations. No transfer, assignment, cash redemption, or substitution of prize (or portion thereof) except by Sponsor due to prize unavailability and then for a prize (or portion thereof) of equal or greater value. By accepting a prize, Winner agrees that Sponsor and its designees shall have the right and permission to use his/her name and/or picture and/or likeness or biographical information or voice for trade, advertising, promotional and/or any other purpose in any media now or hereafter known without any further consideration, permission or notification except where prohibited by law. Winner is responsible for all applicable federal, state, and local taxes on prize. Winner acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize or portion thereof, including but not limited to its quality, merchantability, mechanical condition or fitness for a particular purpose. Proof of entering the contest on the Web or by mail is not considered proof of delivery to or receipt by Sponsor of such entry. OTHER. Sponsor, its subsidiaries, affiliates, parent companies, retail locations, suppliers, distributors, advertising, promotion or any other agencies or entities involved with this Contest, together with the respective employees, officers and directors of each (collectively, "Released Parties") are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, Web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one's ability to enter the Contest, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Released Parties do not assume any responsibility for any disruption in the Contest caused by schedule changes (including event cancellations), labor strikes, or any other act, circumstance or other unforeseen event outside of the control of the Released Parties. Released Parties are not responsible for lost, late, stolen, illegible, incomplete, misdirected, damaged, postage due or destroyed entries or for lost, interrupted or unavailable network, server or other connections, miscommunications, failed telephone or computer hardware or software or technical failures, garbled or jumbled transmissions or other errors of any kind, whether human, mechanical or electronic, including, without limitation, the incorrect or inaccurate capture of entry information online. Entry material/data that has been tampered with or altered is void. If for any reason, (including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor), which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Contest is not capable of being conducted as described in these rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend the Contest or to select the Winners from among all valid entries received, up to such time of cancellation, termination, or suspension, and/or solely from the mailed entries. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. RELEASE AND INDEMNIFICATION. BY PARTICIPATING IN THIS CONTEST, PARTICIPANTS (WHETHER A NOMINATOR OR NOMINEE) RELEASE AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. LIMITATION OF LIABILITY. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE CONTEST SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE CONTEST SITE, THE REMOVAL FROM THE CONTEST SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. GOVERNING LAW/JURISDICTION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. WINNER LIST REQUESTS. For Winner's name, visit www.officedepot.com/hurricanecontest between September 1, 2007 and October 1, 2007 or send a self-addressed, stamped #10 envelope for receipt by September 1, 2007, to: Office Depot Hurricane Preparedness Contest for Small Businesses Winner List, P.O. Box 869, New York, NY 10150-0869. Winner list will be released once Winner has been verified and prize has been awarded. SPONSOR. Office Depot, Inc., 2200 Old Germantown Rd., Delray Beach, FL 33445. Office Depot® is the registered trademark of The Office Club, Inc.