BLACK GIRL MAGIC SUMMIT CONTEST RULES

BLACK GIRL MAGIC SUMMIT CONTEST RULES

Black Girl Magic Summit Pitch Competition
OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW AND OUTSIDE THE 50 UNITED STATES.   Contest begins at 12:01:01 PM Eastern Time (“ET”) on August 1, 2022 and ends at 11:59:59 PM ET on August 12, 2022 (the “Contest Period”). Sponsor’s computer is the official time keeping device for this Contest. 

 

BY PARTICIPATING IN THIS CONTEST, 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 for this Contest is Capital One, N.A. (“Capital One” or “Sponsor”), 1680 Capital One Drive, McLean, Virginia 22102-3491.

2.   ELIGIBILITY:  The Black Girl Magic Summit Pitch Competition (the “Contest”) is open only to registered attendees of the Black Girl Magic Summit, legal U.S. residents who are 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) at the time of entry. Employees, officers, directors and agents of Capital One, N.A. (“Capital One” or “Sponsor”), Boss Women Media, 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 reserves the right to verify the eligibility of winners.  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.

 

3.   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. You are invited to visit Boss Women Media Black Girl Magic Summit Pitch Competition landing page at  https://bosswomen.org/blackgirlmagic Limit one entry per person, per business name. Follow the prompts to register a first name, last name, email, business name, business social media account/s, business website, business location, description of the business, a five (5) page presentation about the business, business ownership details, how the business makes money, annual revenue of the business, the employee count of the business, intended use of Prize, telephone number (to be used for finalists contact only), e-mail address and date of birth.  Entries that do not completely fill out a registration and submission form will not be accepted.  Upon completion of the registration and submission form, you automatically receive one (1) entry into the Contest.  Website’s server must receive all entries by 11:59 PM PT on Friday, August 12, 2022 By registering, and clicking on the “Enter Contest” button, you certify that you acknowledge and are in compliance with these Official Rules, including all eligibility requirements.

    Entrant must provide all required information, including without limitation first and last name and email address, to be eligible to enter.  Entries must be submitted by the Entrant.  Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Contest.

ALL SUBMISSIONS:

●      MUST be the Entrant’s original idea (modification of an original work is not an original idea).  Submissions MUST NOT copy or otherwise plagiarize from any source.

●      MUST NOT contain material that is (or promote activities that are) in Sponsor’s sole judgment and discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent (e.g., self-mutilating relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.

●      MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. 

●      Without limiting the foregoing, entry Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork or sculptures, except those of Sponsor.

●      Entry submissions must not include mention or performance of any copyrighted media production, including, but not limited to, books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.  Entry Submissions MUST NOT include commercial music.

●      MUST NOT include third parties, including, but not limited to, minors, celebrities and friends, who have not expressly authorized Entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules.  Entrant must be prepared to provide signed third-party authorizations upon request.

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 winners 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 “#blackgirlmagic” 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.

4.   SELECTION OF WINNERS: Three (3) potential finalists (“Finalists”), will be chosen by, and at the sole discretion of, Sponsor, on or about August 12, 2021 from all eligible entries received during the Contest entry period. All pitch submissions will be reviewed by Sponsor’s editorial panel 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 email. If a Finalist cannot be contacted within 72 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 Sponsor.  Finalists may be featured on the Sponsor’s website, and their respective social media pages.

     The three (3) Finalists will receive the opportunity to pitch their small business in Dallas, TX to a panel of Judges (“Judges”) and shown pre-recorded during the Boss Women Media Black Girl Magic Summit Pitch Contest, on Saturday, August 27, 2022.  Judges will be selected at the sole discretion of Sponsor, and the Judges’ selection of the Grand Prize Winner is based upon the criteria listed below.  Judges' decisions are final and binding on all matters relating to the Contest.

5.   PRIZE(S): Judges will select and name one (1) finalist the winner (“Grand Prize Winner”) & (1) second place winner & (1) third place winner

●      GRAND PRIZE:  $50,000.00 check, issued to the registered name of Grand Prize Winner’s business, as it is listed on the entry form.

●      SECOND PLACE PRIZE: $30,000 check, issued to the registered name of Grand Prize Winner’s business, as it is listed on the entry form.

●      THIRD PLACE PRIZE: $20,000 check, issued to the registered name of Grand Prize Winner’s business, as it is listed on the entry form.

●      Total Approximate Retail Value (“ARV”) of the Prizes is $100,000.00.

6.   PRIZE RESTRICTIONS:  Limit one (1) prize per Finalist.  Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of prize 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 winners.  A winner will be required to provide Sponsor with a valid social security number before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of a Grand Prize Winner. If it is revealed that a winner is considered a minor in their state of residence (which is under eighteen (18) in most states but is nineteen (19) in Alabama and twenty-one (21) in Mississippi), the parent or legal guardian must sign and return the Prize Acceptance Release and the respective Prize will be awarded in the name of his/her parent or legal guardian. Non-compliance shall result in disqualification and award of the Prize to an alternate winner.  Prizes cannot be substituted, assigned, or transferred.  Only the number of prizes stated in these Official Rules is available to be won in the Contest.   Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances, or those outside of Sponsor’s control.   Winning a prize is contingent upon fulfilling all requirements set forth herein. 

7.   Except where legally prohibited, each potential winner may be required to complete and return (or have their parent/legal guardian sign if potential winner is a minor in their respective place of residency), within 72 hours of being notified, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize.  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 prize 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 prize(s) available to be awarded, Sponsor reserves the right to not award all the all prizes.  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 PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

8.   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. 

9.   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 prize.  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 prize at random from among the eligible, non-suspect entries received up to the time of the impairment. 

10.   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 PRIZE, 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 PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, 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.

11.  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), PRIZE 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 https://bosswomen.org/blackgirlmagic  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 (AVAILABLE AT HTTPS://WWW.CAPITALONE.COM/PRIVACY, 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 PRIZES, 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 OF 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.

12.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:  Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees.  Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.  Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material.  Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.  Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law

13.  DISPUTES:  Except where prohibited, Entrant agrees that:  (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, including but not limited to the prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.

14.  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.

 

15.  PRIVACY:  Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.capitalone.com/privacy

 

16.  OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules and a winner’s list, visit https://bosswomen.org/blackgirlmagic or send a self-addressed, stamped envelope for receipt by August 27, 2022 to: Capital One, N.A. 1680 Capital One Drive, McLean, Virginia 22102-3491.  For a list of winners available after August 29, 2022, send a self-addressed, stamped envelope for receipt by [date] to: Capital One, N.A. 1680 Capital One Drive, McLean, Virginia 22102-3491. Vermont residents may exclude return postage on requests for Official Rules.

 

Copyright ©2021 Capital One, N.A.  All rights reserved. 

BLACK GIRL MAGIC PITCH COMPETITION RULES

BLACK GIRL MAGIC SUMMIT CONTEST RULES

Black Girl Magic Summit Pitch Competition
OFFICIAL RULES

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW AND OUTSIDE THE 50 UNITED STATES.   Contest begins at 12:01:01 PM Eastern Time (“ET”) on August 1, 2022 and ends at 11:59:59 PM ET on August 12, 2022 (the “Contest Period”). Sponsor’s computer is the official time keeping device for this Contest. 

 

BY PARTICIPATING IN THIS CONTEST, 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 for this Contest is Capital One, N.A. (“Capital One” or “Sponsor”), 1680 Capital One Drive, McLean, Virginia 22102-3491.

2.   ELIGIBILITY:  The Black Girl Magic Summit Pitch Competition (the “Contest”) is open only to registered attendees of the Black Girl Magic Summit, legal U.S. residents who are 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) at the time of entry. Employees, officers, directors and agents of Capital One, N.A. (“Capital One” or “Sponsor”), Boss Women Media, 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 reserves the right to verify the eligibility of winners.  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.

 

3.   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. You are invited to visit Boss Women Media Black Girl Magic Summit Pitch Competition landing page at  https://bosswomen.org/blackgirlmagic Limit one entry per person, per business name. Follow the prompts to register a first name, last name, email, business name, business social media account/s, business website, business location, description of the business, a five (5) page presentation about the business, business ownership details, how the business makes money, annual revenue of the business, the employee count of the business, intended use of Prize, telephone number (to be used for finalists contact only), e-mail address and date of birth.  Entries that do not completely fill out a registration and submission form will not be accepted.  Upon completion of the registration and submission form, you automatically receive one (1) entry into the Contest.  Website’s server must receive all entries by 11:59 PM PT on Friday, August 12, 2022 By registering, and clicking on the “Enter Contest” button, you certify that you acknowledge and are in compliance with these Official Rules, including all eligibility requirements.

    Entrant must provide all required information, including without limitation first and last name and email address, to be eligible to enter.  Entries must be submitted by the Entrant.  Entrant may be asked to answer optional questions and/or register for future notices of online promotions; however, you need not answer these questions or agree to receive future emails in order to be eligible for entry in the Contest.

ALL SUBMISSIONS:

●      MUST be the Entrant’s original idea (modification of an original work is not an original idea).  Submissions MUST NOT copy or otherwise plagiarize from any source.

●      MUST NOT contain material that is (or promote activities that are) in Sponsor’s sole judgment and discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent (e.g., self-mutilating relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the entry is created in their application.

●      MUST NOT contain material that violates or infringes another’s rights, including but not limited to material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. 

●      Without limiting the foregoing, entry Submissions must not include third-party trademarks, logos, insignia, location signage, photographs, artwork or sculptures, except those of Sponsor.

●      Entry submissions must not include mention or performance of any copyrighted media production, including, but not limited to, books, articles, photographs, artwork, music, etc., or identifying descriptions of any media property.  Entry Submissions MUST NOT include commercial music.

●      MUST NOT include third parties, including, but not limited to, minors, celebrities and friends, who have not expressly authorized Entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules.  Entrant must be prepared to provide signed third-party authorizations upon request.

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 winners 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 “#blackgirlmagic” 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.

4.   SELECTION OF WINNERS: Three (3) potential finalists (“Finalists”), will be chosen by, and at the sole discretion of, Sponsor, on or about August 12, 2021 from all eligible entries received during the Contest entry period. All pitch submissions will be reviewed by Sponsor’s editorial panel 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 email. If a Finalist cannot be contacted within 72 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 Sponsor.  Finalists may be featured on the Sponsor’s website, and their respective social media pages.

     The three (3) Finalists will receive the opportunity to pitch their small business in Dallas, TX to a panel of Judges (“Judges”) and shown pre-recorded during the Boss Women Media Black Girl Magic Summit Pitch Contest, on Saturday, August 27, 2022.  Judges will be selected at the sole discretion of Sponsor, and the Judges’ selection of the Grand Prize Winner is based upon the criteria listed below.  Judges' decisions are final and binding on all matters relating to the Contest.

5.   PRIZE(S): Judges will select and name one (1) finalist the winner (“Grand Prize Winner”) & (1) second place winner & (1) third place winner

●      GRAND PRIZE:  $50,000.00 check, issued to the registered name of Grand Prize Winner’s business, as it is listed on the entry form.

●      SECOND PLACE PRIZE: $30,000 check, issued to the registered name of Grand Prize Winner’s business, as it is listed on the entry form.

●      THIRD PLACE PRIZE: $20,000 check, issued to the registered name of Grand Prize Winner’s business, as it is listed on the entry form.

●      Total Approximate Retail Value (“ARV”) of the Prizes is $100,000.00.

6.   PRIZE RESTRICTIONS:  Limit one (1) prize per Finalist.  Any and all applicable federal, state and local taxes and all fees and expenses related to acceptance and use of prize 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 winners.  A winner will be required to provide Sponsor with a valid social security number before a Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of a Grand Prize Winner. If it is revealed that a winner is considered a minor in their state of residence (which is under eighteen (18) in most states but is nineteen (19) in Alabama and twenty-one (21) in Mississippi), the parent or legal guardian must sign and return the Prize Acceptance Release and the respective Prize will be awarded in the name of his/her parent or legal guardian. Non-compliance shall result in disqualification and award of the Prize to an alternate winner.  Prizes cannot be substituted, assigned, or transferred.  Only the number of prizes stated in these Official Rules is available to be won in the Contest.   Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances, or those outside of Sponsor’s control.   Winning a prize is contingent upon fulfilling all requirements set forth herein. 

7.   Except where legally prohibited, each potential winner may be required to complete and return (or have their parent/legal guardian sign if potential winner is a minor in their respective place of residency), within 72 hours of being notified, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim his/her prize.  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 prize 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 prize(s) available to be awarded, Sponsor reserves the right to not award all the all prizes.  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 PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

8.   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. 

9.   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 prize.  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 prize at random from among the eligible, non-suspect entries received up to the time of the impairment. 

10.   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 PRIZE, 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 PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, 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.

11.  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), PRIZE 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 https://bosswomen.org/blackgirlmagic  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 (AVAILABLE AT HTTPS://WWW.CAPITALONE.COM/PRIVACY, 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 PRIZES, 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 OF 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.

12.  NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:  Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees.  Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects.  Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material.  Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.  Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law

13.  DISPUTES:  Except where prohibited, Entrant agrees that:  (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, including but not limited to the prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of JAMS and held at the JAMS regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and Entrant further waives all rights to have damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.

14.  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.

 

15.  PRIVACY:  Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.capitalone.com/privacy

 

16.  OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules and a winner’s list, visit https://bosswomen.org/blackgirlmagic or send a self-addressed, stamped envelope for receipt by August 27, 2022 to: Capital One, N.A. 1680 Capital One Drive, McLean, Virginia 22102-3491.  For a list of winners available after August 29, 2022, send a self-addressed, stamped envelope for receipt by [date] to: Capital One, N.A. 1680 Capital One Drive, McLean, Virginia 22102-3491. Vermont residents may exclude return postage on requests for Official Rules.

 

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