#MarketBlack SMB Giveaway: Official Rules, Terms and Conditions
Hey, wait a minute. Don't just get, give.
Applicants can give too. Your donation is a way to support the project that gives financial opportunity to the community. Giving does not change your chances at winning. With that being said, make sure you read our privacy policy below if you intend to participate in the #MarketBlack SMB Giveaway.
Applicants can give too. Your donation is a way to support the project that gives financial opportunity to the community. Giving does not change your chances at winning. With that being said, make sure you read our privacy policy below if you intend to participate in the #MarketBlack SMB Giveaway.
1. GENERAL.
2. ELIGIBILITY.
3. PROGRAM PERIOD.
4. HOW TO ENTER.
5. ENTRY QUALIFICATIONS.
6. OTHER ENTRY TERMS.
7. JUDGING CRITERIA AND SELECTION OF RECIPIENTS.
Sponsor will award Entrants whose Entries receive the highest cumulative score (the “Recipients”) one-time at pre-designated location. The number of Recipients will be based on need and available funds, or as designated by the giveaway. Recipients will be notified by email within thirty days after the application closes.
Additional Rules:
8. SUMMARY OF GIVEAWAY.
9. ODDS OF WINNING. The odds of being awarded will depend on either the number of eligible Entries received during the Program Period, or the pre-designate number of contestants the Sponsor decides to select for the giveaway.
10. GENERAL CONDITIONS.
11. PUBLICITY.
12. GOVERNING LAW. Texas law governs all issues and questions concerning these Official Rules and Entrant’s or Sponsor’s rights and obligations in connection with the Program, and that law applies regardless of any choice-of-law principles otherwise applicable.
13. ARBITRATION.
14. USE OF DATA.
- The #MarketBlack SMB Giveaway (the “Program”) is sponsored by The Black Marketing Initiative (BMI) (“Sponsor”).
- By entering this Program, you agree to be bound by these Official Rules and Sponsor’s determinations regarding the Program, which are final and binding.
- The Program is subject to all applicable federal, state, and local laws and are void where prohibited.
- There is no purchase necessary or other cost to enter or win the Program.
2. ELIGIBILITY.
- To be eligible to enter a business in the Program, you (“Officer”) must be all of the following as of the first day of the Program Period (defined below): (a) a legal resident of the United States (including the District of Columbia but excluding U.S. territories), (b) at least 18 years of age, and (c) a business owner who is a leading executive (i.e., Founder, President, CEO, CFO, COO, or any other similar title or role) of the business who is authorized to legally bind the business with respect to the Program.
- To be eligible to participate in the Program, the business (“Entrant”) must meet all of the following criteria as of the first day of the Program Period: each Entrant (a) must have Its principal place of business in the Greater Houston Area, (b) must not be engaged in illegal, potentially illegal, or illegitimate activities as adjudged in Sponsor’s determination, and (c) may be any business entity legally permissible in the the State of Texas.
- The potential recipients are subject to verification of eligibility by Sponsor, which may include a background check and completing associated documentation.
3. PROGRAM PERIOD.
- The Program starts on October 9, 2020, at 10:00 AM Central Time and ends on October 24, 2020, at 11:59 PM Central Time (the “Program Period”).
- Sponsor’s computer is the official timekeeper for all matters related to the Program.
- Sponsor reserves the right to shorten or lengthen the Program Period based on need and availability of funds.
4. HOW TO ENTER.
- To enter the Program, each Officer must clearly and concisely complete all sections of the online application, which consists of a series of questions about the Entrant and the Officer, by taking these steps: during the Program Period, (0) go to https://www.blackmarketinginitiative.com/enter and complete and submit form (“Entry”); (2) subscribe or follow the designated Program social media accounts; (3) complete and submit video (“Entry”). The full list of Entry requirements can be found at https://www.blackmarketinginitiative.com/enter.
- All entries must be received by 11:59 PM Central Time on October 24, 2020 to be eligible.
- Limit: One entry per Entrant and per Officer. Multiple entries received for any Entrant or Officer after the first Entry received from that Entrant or Officer is void.
5. ENTRY QUALIFICATIONS.
- Sponsor may disqualify any Entry that, as adjudged in Sponsor's determination:
- contains any material that is indecent, obscene, hateful, discriminatory, defamatory, slanderous, libelous,
- unlawful, or otherwise inappropriate;
- is submitted in bad faith, is inappropriate, or otherwise violates these Official Rules;
- is submitted by an Entrant or Officer who is ineligible or noncompliant with these Official Rules;
- is submitted by any person who tampers with or abuses any aspect of the Program or the A1 website;
- who acts in an unsportsmanlike or disruptive manner, who violates these Official Rules, or
- about whom a background check provides unsatisfactory results.
- contains any material that is indecent, obscene, hateful, discriminatory, defamatory, slanderous, libelous,
- If there is a dispute about who submitted an Entry, the authorized account holder of the email address used to register will be deemed to be the Officer and the business identified in the Entry will be deemed the Entrant for the Program. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. The Officer may be required to show proof of being the authorized account holder.
6. OTHER ENTRY TERMS.
- After an Entry has been submitted, it cannot be modified in any way and Sponsor is not responsible for any delayed Entry, incomplete Entry, or Entry not received, recognized, or accepted for any reason.
- Entrant retains all rights in and to its product or service, including all intellectual property rights, but no Entry may disclose any information confidential to or any trade secret of the Entrant or any third party. Sponsor will treat all information disclosed by Entrant as non-confidential.
- By submitting an Entry to the Program, each Entrant hereby grants Sponsor on behalf of Entrant and Officer a royalty-free, irrevocable, perpetual, global, nonexclusive license to use, reproduce, modify, publish, create derivative works from, and display the information in the Entry, in whole or in part, and to incorporate it into other works, in any form, media, or technology, now known or later developed, for any purpose including for promotional and marketing purposes, including on www.WeAreA1.com, or other A1-branded websites or social platforms.
- The Released Parties do not guarantee that any Entry will be used as described in the preceding license.
- The Released Parties are not responsible for any unauthorized use by third parties of any Entry.
7. JUDGING CRITERIA AND SELECTION OF RECIPIENTS.
- Entries will be judged by Sponsor, based on the following Judging Criteria, the weighting of which to be determined solely by Sponsor:
- Video Pitch
- Demonstrated need
- Proposed use of funds
- How Program will impact on Entrant
Sponsor will award Entrants whose Entries receive the highest cumulative score (the “Recipients”) one-time at pre-designated location. The number of Recipients will be based on need and available funds, or as designated by the giveaway. Recipients will be notified by email within thirty days after the application closes.
Additional Rules:
- Sponsor may, in Sponsor's determination, conduct a brief interview with any Entrant and request an Entrant to submit additional materials relating to their Entry if Sponsor's determination is that step is necessary to fairly judge the Entry.
- If during any judging there is a tie, the tie will be broken based on the highest score in the first judging criterion, continuing thereafter to each judging criterion in order as needed to break the tie.
- Sponsor's or the Panel's decision, as the case may be, is final and not open to dispute of any kind.
- Each Recipient may be required to execute and return to Sponsor an affidavit of eligibility, liability release, and, where lawful, a publicity release (collectively, the “Release”), within forty-eight hours after the Sponsor’s notification.
- If a potential Recipient cannot be located or does not respond within forty-eight hours after the Sponsor’s notification, or the potential Recipient rejects the award or fails to complete the Release within the allotted time period, the giveaway will be forfeited and awarded to an alternate recipient, who is the Entrant with the next highest ranked Entry from among remaining eligible Entries.
- Sponsor will award all winnings. If an award cannot be distributed to a potential Recipient, property of equal or greater value will be provided to an alternate recipient. If an award cannot be distributed to a potential Recipient, property of equal or greater value will be provided to an alternate recipient.
8. SUMMARY OF GIVEAWAY.
- Each Recipient will receive $500.
- Each Recipient may receive recognition on the A1 platforms.
- Each giveaway is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
- Sponsor reserves the right, at its sole discretion, to substitute property of equal or greater value for any giveaway (or portion of a giveaway) that cannot be awarded.
- The Released Parties make no warranties of any kind, either express or implied, including any implied warranty of merchantability or fitness for a particular purpose, with respect to any giveaway awarded in the Program.
9. ODDS OF WINNING. The odds of being awarded will depend on either the number of eligible Entries received during the Program Period, or the pre-designate number of contestants the Sponsor decides to select for the giveaway.
10. GENERAL CONDITIONS.
- Releases. Each Entrant and Officer will release, discharge and hold harmless Sponsor, A1, and its parents, affiliates, subsidiaries, advertising and promotion agencies, and funding partners, and the shareholders, directors, officers, employees, agents, and representatives of each of the foregoing (collectively, the “Released Parties”), from any and all injuries, liability, losses, and damages of any kind to persons, including death or property damage resulting, in whole or in part, directly or indirectly, from the Entrant’s or the Officer’s participation in the Program or any Program-related activity or the acceptance, possession, use, or misuse of any award.
- Liability Limitation. The Released Parties are not responsible for:
- lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries;
- lost, interrupted or unavailable network, server, Internet Service Provider, website, or other connections,
- availability or accessibility or miscommunications or failed computer, satellite, telephone or cable
- transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or
- computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind
- whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or
- in connection with the Program, including errors or difficulties that may occur in connection with the
- administration of the Program, the processing or judging of Entries, or the announcement of the Recipients;
- any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any
- equipment or programming associated with or utilized in the Program;
- injury or damage to any person’s computer related to or resulting from participating in this Program or
- downloading materials from or use of Sponsor’s website or other platforms.
- lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries;
- Program Compromised. If any portion of the Program is compromised by virus, worms, bugs, non-authorized human intervention, or other causes that, in Sponsor’s determination, corrupt or impair the Program’ administration, security, fairness, or proper play, or submission of Entries, Sponsor may suspend, modify, or terminate the Program and, if terminated, at its discretion, select the Recipients from all eligible, nonsuspect Entries received prior to the Program' compromise using the judging procedure outlined above.
- Interpretation. In these Official rules: “Including” means including but not limited to. “Sponsor’s determination” or “Sponsor’s consent” means Sponsor’s determination or Sponsor’s consent, in either case, in its sole discretion.
- Program Changes. Sponsor reserves the right to modify these Official Rules in order to better achieve the Program’s purpose as adjudged in Sponsor’s determination, without liability or obligation to Sponsor. Sponsor will give notice of Official Rule modifications on Program’ official site and in these Official Rules.
11. PUBLICITY.
- By entering and participating in the Program, each Entrant and Officer permits the use of Entrant’s and Officers names and submitted content for programming, advertising, publicity, and promotional purposes in all media, now known or later created, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation (unless prohibited by law) or additional consents from Entrant or Officer or any third party and without prior notice, approval, or inspection.
- Each Entrant and Officer will execute specific consent to the uses described in the previous sentence at Sponsor’s request.
- No Entrant or Officer may release on their own or through a third party any publicity or other materials regarding their participation in the Program, without Sponsor’s consent.
12. GOVERNING LAW. Texas law governs all issues and questions concerning these Official Rules and Entrant’s or Sponsor’s rights and obligations in connection with the Program, and that law applies regardless of any choice-of-law principles otherwise applicable.
13. ARBITRATION.
- Except where prohibited by law, the parties must resolve any dispute arising out of or relating to the Program or these Official Rules individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator under AAA’s applicable arbitration rules.
- The arbitration must be held at a location in the state in which the Business’s principal place of business is located.
- There shall be no authority for any claims to be arbitrated (or otherwise disputed) on a class or representative basis; arbitration can decide only Sponsor’s or your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
- Entrant, Officer, and Sponsor each specifically waives any right to a jury trial related to the resolution of any dispute arising out of or relating to the Program or these Official Rules.
- Notwithstanding anything to the contrary in these Official Rules, if the amount in dispute arising out of or relating to the Program or these Official Rules is less than the jurisdictional maximum of a small claims court applicable in the state in the Business’s principal place of business is located, an Entrant may bring an action in the small claims court for the dispute, which will be in lieu of arbitration or an action in any other court.
14. USE OF DATA.
- By participating in the Program, each Entrant and Officer acknowledges that Sponsor will collect private or personal data about the Entrant and the Officer that is submitted in the Entry (the “Private Information”).
- Sponsor may collect and use of the Private Information for purposes of the Program and as authorized under these Official Rules.