By submitting an application to receive an award under the NEIdeas Program, each business submitting an application (an “Applicant”) agrees that it has read, accepted, and will abide by and be bound by, the terms and conditions set forth below (the “Conditions”).
NEIdeas (“Program”) is a program created by the New Economy Initiative (“NEI”), a project of the Community Foundation for Southeast Michigan (“CFSEM”) (“NEI/CFSEM”, the “Organizers”), operated with assistance from Detroit Economic Growth Corporation and Michigan Community Resources through grants awarded by the Organizers to Detroit Economic Growth Association and to Michigan Community Resources (together, the “Facilitators”), for existing businesses located in Detroit, Highland Park, and Hamtramck.
- The Program is void where prohibited by law or regulation. The Program and these Conditions are subject to modification, cancellation, or limitation at Organizers’ sole discretion, with or without notice, including to persons who have already entered the Program.
- The Program is open only to existing for-profit businesses that (i) have been in business for at least three years; (ii) are currently and have been physically located and operating in the cities of Detroit, Highland Park, or Hamtramck for at least one year, (iii) are in good standing with the Internal Revenue Service, and are owned by legal residents of the United States who are 18 years of age or older as of the time of entry; and (iv) otherwise comply with any eligibility requirements set forth in the Program application or other materials. Employees, officers, and directors of Organizers and any independent contractor hired by either of the Organizers for any purpose and members of the immediate families of such persons (spouses, children, siblings, parents, and/or persons living in the same household as such persons, whether or not related), are not eligible to enter the Program.
- Applicant acknowledges and agrees that information contained in its application will be shared with the Facilitators to assist Organizers in connecting applicants to nonprofit business service providers for support services. Applicant data will not be sold to any third parties.
- Applicant acknowledges and agrees that Organizers may, from time to time, require assurances from Applicant that Applicant has complied, is complying, and will comply with these Conditions. Organizers reserve the right, in their sole and unfettered discretion, to disqualify, and/or seek any and all remedies available from, any Applicant deemed to be (i) tampering or attempting to tamper with the entry process or the operation of the Program or any other Organizer purpose or activity; (ii) attempting to defraud Organizers or the other contestants; (iii) violating the Conditions; (iv) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (v) associated or connected with any individual having done the above.
- Applicant represents and warrants that its entry (a) is original; (b) was substantially created by the Applicant; (c) was legally created and does not infringe the intellectual property, copyrights, privacy or publicity rights or any other legal or moral rights of any third party and Applicant has obtained all waivers and releases required of third parties, if any, for any of its Entry content. Organizers shall not be responsible to a third-party for any Applicant’s failure to comply with this provision, and each Applicant agrees to indemnify Organizers for any such claim.
- Applicant acknowledges and agrees that as a condition of receiving an award, any award semi-finalist may be required to submit to a confidential background check to help ensure that the use of any such person in publicity or promotion of the Program will not bring the Organizers or Program into public disrepute, contempt, scandal, ridicule or reflect unfavorably on the Organizers or Program. In addition, the award recipient may be required to enter into or execute certain contracts or documents, including, among other things, terms governing the use of the award and certain releases of liability in favor of the Organizers and/or Facilitators.
- For good and valuable consideration, including participation in the Program, which is hereby acknowledged, each Applicant hereby releases and forever discharges the Organizers, the Facilitators, and their respective parents, subsidiaries, affiliates, directors, distributors, advertising and promotion agencies, employees and agents (collectively, the “Released Parties”), from and against any and all causes of action, rights, claims or demands of any kind, whether in tort or in contract, express or implied, known or unknown, which such Applicant have or may have against them, for personal injuries, death, damage or loss to personal property, or other harm or loss of any nature whatsoever sustained in connection with, or otherwise arising directly or indirectly from, claims, demands or causes of action that such Applicant may now have or may hereafter have for arising, resulting from, or in connection with the Program including, but not limited to, (a) any Program-related activity or element thereof and the Applicant’s entry, participation, or inability to participate in the Program; (b) the violation of any privacy, personal, publicity or proprietary rights; (c) typographical errors in these Conditions or any Program promotional materials; (d) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Organizers’ control or as otherwise permitted in these Conditions; (e) any interruptions in or postponement, cancellation, or modification of the Program; (f) human error; (g) incorrect or inaccurate transcription, receipt, or transmission of any part of the Program entry; (h) any system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by Organizers, Facilitators or by an Applicant; (i) interruption or inability to access the Program, or any Program-related web pages or any online service via the internet due to hardware or software compatibility problems; (j) any damage to Applicant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Program; (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other destroyed, incomplete, undeliverable or damaged Program Entries; (l) any wrongful, negligent, or unauthorized act or omission on the part of Organizers, Facilitators, or any of their respective agents or employees; (m) the public voting or the tabulation of the votes, or (n) the selection by Organizers or its advisors of the award finalists.