BINDING AGREEMENT: In order to enter the Contest, each Participant must agree to these Rules. Therefore, please read these Rules prior to entry to ensure you understand and agree to them. By submitting an entry form, the Participant agrees to be bound by the Rules and also agrees that all decisions regarding the contest by the Young Professionals of Wellington (YPOW) and judges will be final and binding.
ELIGIBILITY: The Contest is open to business entities or individuals with legal standing and based within Florida State. Eligibility is subject to all federal, state, and local laws and regulations. The Participant may not have a record of criminal felony. YPOW members, as well as members of their immediate families, are not eligible to win cash prizes. Xcelerate Wellington Sponsors, as well as members of their immediate families, are not eligible to win cash prizes.
REGISTRATION: Registration will require certain information when submitting an Entry, including but not limited to full name, mailing address, city, state, zip, country, telephone number, and contact email address (“Registration Information”). Entries will be deemed made by the authorized account holder of the email address submitted at the time of entry, and any potential Prize recipient may be required to show proof of being the authorized account holder for that email address. The “authorized account holder” is the natural person assigned to an email address by the relevant provider of email services.
CRITERIA: At the end of the entry period, all eligible entries will be judged based on the following criteria:
- Completeness/clarity of application
- Uniqueness of product/service
- Description of target market
- Market/competition analysis
- Need/impact of product/service
DISCLOSURE: Participants must disclose the amount(s) and resources of secured arrangements for capital from all sources, including: loans, grants, or outside investments. Resources must not have exceeded $200K as of 6 months prior to registration submission.
PRIOR COMPETITIONS: Those Participants who have competed in “other” competitions not associated with YPOW must disclose to Xcelerate Wellington organizers via the online registration process and subsequently receive written approval to compete from Xcelerate Wellington organizers. Failure to disclose or affiliation with “other” competitions may result in disqualification. YPOW reserves the right to disqualify a Participant at any stage/point of the competition.
FINAL DECISION: The Young Professionals of Wellington have the final decision on which Participants are invited to compete in the Xcelerate Wellington Competition and reserves the right to include or exclude any Participants for any reasons.
ATTENDANCE: Final Round businesses and ALL participants are expected to attend the following functions associated with the Contest or prize will be forfeited:
- Competition Finalist Orientation
- Mentoring sessions/dry run
- Media day – Photo & Video Shoot
- Elevator pitch/Welcome Reception
- Final Round Presentation
- Award Ceremony & Winner’s Circle (interviews and photographs for media)
REQUIRED FORMS: Each Participant will be required to submit two forms once the Participant advances to the final round: an individual form W-9 or W-8 ECI and an independent contractor form or FEI/EIN and Division of Corporations Document Number (www.sunbiz.org). Participants must provide proof of Florida residency. Participants will not be allowed to present until ALL forms are completed and submitted prior to the final round.
WINNING PAYOUT: The Participant winnings will be paid to the business entity listed on the Contest registration form. It is the responsibility of the applicant to ensure all participants are listed with correct contact information. YPOW will not take responsibility for inaccurate information or participants not listed. Please pay special attention when filling out the registration forms. No prize substitution is permitted. Winner(s) may be required to verify their entry.
ANNOUNCEMENT: If the Participant is selected as the Contest winner, the Participant agrees that YPOW may publicize the name, likeness, and the description of work participants completed to win the contest. Apart from the prizes associated with being selected as a winner, YPOW shall not be obligated to compensate participants in any way for such publicity.
HOLD HARMLESS: Each entrant shall indemnify, defend, and hold YPOW (and its members, officers and agents) harmless from any third party claims arising from or related to that entrant’s participation in the Contest, including but not limited to claims relating to intellectual property infringement. In no event shall YPOW (or its members, officers, or agents) be liable to an entrant for acts or omissions arising out of or related to the Contest or that entrant’s participation in the Contest.
TAXES: PAYMENTS TO POTENTIAL PRIZE RECIPIENTS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO ALL DOCUMENTATION REQUESTED TO PERMIT IT TO COMPLY WITH ALL APPLICABLE UNITED STATES, STATE, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING. ALL TAXES IMPOSED ON THE PRIZE, ARE THE SOLE RESPONSIBILITY OF THE PRIZE RECIPIENT. Each prize recipient is responsible for ensuring that it complies with all applicable laws and regulations, including, without limitation, any applicable tax filing requirements. If a prize recipient fails to provide such documentation or comply with such laws or these Rules, the prize may be forfeited and YPOW may, in its sole discretion, select an alternative potential prize recipient.
GENERAL CONDITIONS: Prizes are awarded without warranty of any kind express or implied, without Limitation. All federal, state, provincial and local laws and regulations apply.
INTELLECTUAL PROPERTY RIGHTS: As between YPOW and the Participant, the Participant retains ownership of all intellectual and industrial property rights in and to the Entry that Participant had before submission. The Participant specifically agrees that YPOW shall have the right and license to use, reproduce, publicly perform, and publicly display the Entry in connection with the advertising and promotion of the submission platform via communication to the public or other groups, including, but not limited to the right to make screenshots, animations and video clips available for promotional purposes.
PRIVACY AND PUBLICITY: Participant agrees that personal data entered during the registration, including, without limitation, name, mailing address, phone number, and email address may be processed, stored, and otherwise used for the purposes and within the context of the Contest. By entering the Contest, Participant expressly agrees to the transmission, processing, and storage of this personal data in the United States. By accepting a prize, participant agrees and consents to use of Participant’s name and/or likeness to name the Participant for a reasonable time after completion of the Contest in promotional and advertising material as a winner of the Contest without additional compensation, unless prohibited by law. Participants also understand this data may be used to verify a Participant’s identity and eligibility to receive a Prize in the event a Participant is chosen to potentially receive a Prize. In the event a Participant does not provide the data required at registration, that Participant’s Entry will be ineligible.
CONFIDENTIALITY: All sessions of final round competition, including but not limited to oral presentations and question/answer sessions, may be open to the public at large. Sessions may be broadcast to interested persons through the media or various other media channels such as the internet. Due to the nature of the competition any and all information divulged in public sessions should be considered information that could enter the public realm. Participants should NOT assume any right of confidentiality divulged or presented in these open sessions. YPOW and its administrators will NOT ask judges, sponsoring organizations, administrators, agents or members of the audience of the Contest to agree to or sign non-disclosure statements for any participant.
Do NOT include trade secrets or confidential information in your submissions, oral presentations, or question/answer sessions. Even if the business plan/submission is marked as confidential or proprietary, there will be NO confidentiality obligation or protection by any recipient of Participant submissions.
WARRANTY AND INDEMNITY: Each Participant warrants that its Entry is original and that (1) Participant is the sole and exclusive owner and rights holder of the submitted Entry and all included content, that no third parties will make any challenges or claims as to ownership or fraud, and (2) Participant has the right to submit the Entry in the Contest and grant all required licenses. Each Participant warrants that the Participant has not submitted any Entry that (1) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret or confidentiality obligations; or (2) otherwise violates applicable U.S. law or the law of the Participant’s country of residence. To the maximum extent permitted by law, each Participant agrees to defend, indemnify and hold harmless the Contest Entities from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) any act, default or omission of the Participant and/or a breach of any warranty or provision set forth herein, (b) any material uploaded or otherwise provided by the Participant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (c) any misrepresentation made by the Participant in connection with the Contest; (d) any non-compliance by the Participant with these Rules; and (e) claims brought by persons or entities other than the parties to these Rules arising from or related to the Participant’s involvement with the Contest. To the extent permitted by law, Participant agrees to hold the Contest Entities harmless for any injury or damage caused or claimed to be caused by participation in the Contest and/or use or acceptance of any Prize or Prize-related activity.
ELIMINATION: Any false information provided within the context of the Contest by any Participant including information concerning identity, mailing address, telephone number, email address, or ownership of right or non-compliance with these Rules, or the like may result in the immediate elimination of the Participant from the Contest. YPOW further reserves the right to disqualify any Entry or Participant that it believes in its sole and unfettered discretion has infringed upon or violated the rights of any third party, otherwise does not comply with these Rules, is acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, or has violated U.S. or applicable local law in Participant’s country of residence.
NETWORKS: Contest Entities are not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission. Contest Entities are not responsible for theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind. Contest Entities are not responsible for inaccurate transmissions of or failure to receive entry information by the Contest Entities on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof.
GOVERNING LAW/JURISDICTION:The State of Florida, Palm Beach County
LIMITATION OF LIABILITY: EACH CONTEST ENTITY’S LIABILITY FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE CONTEST (INCLUDING, WITHOUT LIMTIATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND CLAIMS BASED ON PUBLICIY RIGHTS, MISREPRESTNATION, DEFAMATION OR INVASION OF PRIVACY), UNDER ANY LEGAL THEORY, SHALL NOT EXCEED TEN DOLLARS ($10). IN NO EVENT SHALL A CONTEST ENTITY BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, DIMINUTION IN VALUE, BUSINESS INTERRUPTION, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECULATIVE DAMAGES.
MEDIATION AND ARBITRATION: If a dispute will arise under the terms of this Agreement, the party claiming the dispute will have 30 days to notify the other party. The party not claiming the dispute will have 30 days to remedy the dispute. In the event that the dispute is not remedied within this time period, then any party at its option will have ten (10) days to submit the dispute to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding rules will be submitted to final and binding arbitration in accordance with the statutory rules of that program. If such services are not available, the dispute will be submitted to arbitration in accordance with the laws of the State of Florida. The arbitrator’s award will be final, and judgment may be entered upon it by any court having jurisdiction within the State of Florida.