BY SUBMITTING YOUR APPLICATION, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER CONTEST ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SPONSOR: The sponsor of this contest is The Yva Jourdan Foundation (“Sponsor”), and any co-Sponsors and prize-providers that are reflected or listed in connection with advertisements of the contest. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram, or other social media platforms.
2. ADMINISTRATOR: The Administrator (“Administrator”), which shall act as Sponsor’s agent and be responsible for executing and administering all matters related to this Program, is Women on the Rise NY, Inc. dba HerSuiteSpot, Valley Stream, NY 11580.
3. ELIGIBILITY: The HerRise PitchFest (the “Contest”) is open only to businesses that are at least 51% owned by a woman of color, registered member of HerSuiteSpot (register for free at https://www.hersuitespot.com), Business is currently registered in the New York State, Business registered before 2021, Revenue under $100K. Employees, officers, directors and agents of Sponsor(s), Administrator, and any other company involved in the presentation, administration or fulfillment of the Contest, and/or their respective subsidiaries, affiliated companies, and divisions (collectively, the “Contest Entities”), and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household are not eligible to enter or win. Sponsor, and Administrator acting as agent therefore, reserve the right to verify the eligibility of recipients. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Contest.
4. ENTRY REQUIREMENTS: An eligible participant entering this Contest shall be deemed a Participant (“Participant” or “you”). Entry does not require a purchase of any kind. Limit one entry per person, per business name. Follow the prompts at https://www.hersuitespot.com to complete the application with your contact details, information about you and your business. Entries that do not completely fill out an application will not be accepted. Upon completion of the submission form, you automatically receive one (1) entry into the Contest. HerSuiteSpot’s server must receive all entries by 11:59 PM ET on the advertised date. By registering, and clicking on the “Apply” button, you certify that you acknowledge and follow these Official Rules, including all eligibility requirements.
By entering, each Entrant warrants and represents that his/her entry is original, does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and will not violate any federal, state or local laws or ordinances. Entrants further warrant and represent that they have secured the requisite consent from any third party referenced in their entries. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the Contest.
Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that Entrant’s entries and that Entrant may be disqualified at Sponsor’s discretion. Multiple Entrants are not permitted to share the same email address. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential recipients may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to win.
By participating in this Contest, Entrant acknowledges and agrees that he or she will clearly and conspicuously disclose that he or she is participating in this Contest in any online social sharing interaction that references the Contest. At a minimum, the hashtag “#HerRiseMicroGrant” should be included in all social media communications sent pursuant to the Contest. Sponsor reserves the right in its sole discretion to disqualify any Entrant who does not adequately disclose his or her participation in this Contest while engaging in any online social sharing interaction during the Contest Period.
5. SELECTION OF RECIPIENTS: Three (3) potential finalists (“Finalists”), will be chosen by, and at the sole discretion of, Administrator, on or about March 3, 2023 from all eligible entries received during the Contest entry period. All pitch submissions will be reviewed by the editorial panel selected by the Administrator, to make certain the content falls within the parameters under the Submission requirements. These decisions are final and binding on all matters relating to the Contest. The editorial panel will select the three finalists at their sole discretion. The Finalists will be notified by phone and email. If a Finalist cannot be contacted within 48 hours, their selection will be forfeited and an alternate finalist will be selected from the remaining eligible entries, by and at the sole discretion of Administrator. Finalists may be featured on the Sponsor’s and Administrator’s website, and their respective social media pages.
The three (3) Finalists will receive the opportunity to pitch their small business in-person live at Molloy University to a panel of Judges (“Judges”) during the Women’s History Month Celebration, on Thursday March 16, 2023. Judges will be selected at the sole discretion of Sponsor and Administrator, and the Judges’ selection of the Recipients are based upon the criteria listed below. Judges’ decisions are final and binding on all matters relating to the Contest.
6. GRANT: Judges will select and name one (1) finalist the recipient (“Grant Recipient”)
ONE GRANT: $5,000.00 check, issued to the registered name of Grant Recipient’s business, as it is listed on the entry form.
7. GRANT RESTRICTIONS: Limit one (1) Recipient. Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of Grant not specifically stated herein, including, but not limited to surcharges, service charges or facility charges, and/or other expenses, are the responsibility solely of the recipient. A recipient will be required to provide Sponsor with a valid EIN tax id or social security number before a Grant will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of a Grand Grant Recipient. If it is revealed that a recipient is considered a minor in their state of residence, the parent or legal guardian must sign and return the Grant Acceptance Release and the respective Grant will be awarded in the name of his/her parent or legal guardian. Non-compliance shall result in disqualification and award of the Grant to an alternate recipient. Grants cannot be substituted, assigned, or transferred. Only the number of Grants stated in these Official Rules is available to be won in the Contest. Sponsor is not responsible for any delay or cancellation of the Grant delivery due to unforeseen circumstances, or those outside of Sponsor’s control. Receiving a Grant is contingent upon fulfilling all requirements set forth herein.
8. Except where legally prohibited, each potential winner may be required to complete and return within 72 hours of being notified, an Agreement, Liability & Publicity Release (“Affidavit”) in order to claim his/her grant. Potential winners are subject to verification. Failure by any potential winner to respond to Sponsor’s notification email or return the Affidavit in a timely manner, or if any message or mail intended for a winner is returned as undeliverable, then the applicable grant may be forfeited. If Sponsor is unable to determine and verify a potential winner after repeated alternate attempts or if Sponsor fails to receive a sufficient number of entries to correspond to the number of grant(s) available to be awarded, Sponsor reserves the right to not award all the grants. Sponsor is not responsible for any change of email address and/or mailing address of Entrants, nor is Sponsor responsible for any lost or damaged mail, or for any mail intended for Entrants that is returned as undeliverable.
ALL POTENTIAL 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 GRANT UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
9. GENERAL CONDITIONS: By participating in the Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and all media) contained in any Contest materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Contest, and/or the legitimate operation of the Contest; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error that may occur in the administration of the Contest or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any grant. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor. If, for any reason, the Contest cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Contest and modify the Contest to address the impairment, then resume the Contest in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Contest and award the grant at random from among the eligible, non-suspect entries received up to the time of the impairment.
11. LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE CONTEST ENTITIES, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE GRANT, ENTRY OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS CONTEST CANNOT BE ADMINISTERED OR CONDUCTED OR ANY GRANT CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, PANDEMICS, NATURAL DISASTERS, WEATHER, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. [BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
12. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), GRANT INFORMATION, QUOTES ATTRIBUTABLE TO WINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.
BY SUBMITTING AN ENTRY, ENTRANT AGREES THAT SUCH ENTRY, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST TO HERSUITESPOT’S INSTAGRAM ACCOUNT, @hersuitespot IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE WEBSITE OR ELECTRONIC MAIL OR SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS IDENTIFIED IN SPONSOR’S PRIVACY POLICY ARE DEEMED TO BE NON-CONFIDENTIAL AND NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS. SPONSOR SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD PARTY. ENTRANT HEREBY GRANTS TO THE SPONSOR AND ITS LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS, AN IRREVOCABLE AND WORLDWIDE LICENSE TO USE IN PERPETUITY THE SUBMISSIONS IN ANY FORM OR FORMAT AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO PAYMENTS OF ANY KIND. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR AND ITS AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVE AND ALL RELATED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS CONTEST AND ALL GRANTS, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION F IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. SEVERABILITY: If any term of provision of these Official Rules is found under the law to be invalid or unenforceable, then such specific term or provision shall be of no force and effect and shall be severed and the remainder of these Official Rules shall continue in full force and effect.