Terms and Conditions

Purpose

The purpose of the Competition is to be part of an overall program aimed at systematically generating more start-up enterprises in Bay City and Bay County Michigan by (i) facilitating research and development and enhancing mentoring and other supports for aspiring entrepreneurs, (ii) supporting early-stage firm growth and (iii) attracting more venture funding.  This Competition will award a total up to $35,000 in prizes.  It will attract entrepreneurs from around the Great Lakes Bay Region and beyond to compete for prizes that will turn ideas and startup companies with high growth potential into funded enterprises in our City and our County.  

Applicant Conditions

  1. Applications can only be submitted once.  An individual who submits an application on behalf of a business entity represents and warrants he or she has requisite authority to act on behalf of such entity.
  2. For purposes hereof, “applicants” includes individuals and business entities.  There is no limit to the number of people on an applicant’s team.
  3. All applications must be the original work of the applicant making the submission.
  4. The decisions of the Reviewing Parties are final, including interpretation of these Terms and Conditions.
  5. Applicants who engage in immoral, illegal or other activity that may adversely affect the image of Pitch A Dream, CMURC, or any of their affiliates, or other applicants, are ineligible for the Competition.
  6. All applicants and award recipients must comply with these Terms and Conditions.  Any violation of these Terms and Conditions will disqualify an applicant from the Competition, and result in forfeiture of any awards the applicant received in connection with the Competition.

Applicant Representations and Covenants

By submitting an application, applicants represent and warrant that:

  1. The information in the application is and will be true and accurate.
  2. The ideas contained in the application will not infringe upon the rights, including privacy and intellectual property rights, of any third party.
  3. The applicant has a reasonable basis for holding the intellectual property that forms the basis or is integral to the applicant’s business or the proposed business submitted in the Competition.
  4. The applicant has and will have the right and authority to submit the content in its application to Pitch A Dream.
  5. The applicant will obtain permission or a license, as appropriate, for any third party materials, information or other intellectual property contained in its application.
  6. The applicant will comply with all applicable laws and regulations in connection with its activities relating to the Competition.
  7. The applicant will not attempt to hold Pitch A Dream or CMURC responsible or liable for any third party violation of its intellectual property rights as a result of participation in the Competition.
  8. The applicant consents to Pitch A Dream and/or CMURC performing a background check with respect to the applicant and its principals.

Confidentiality and Intellectual Property

Access to the applications is granted to Pitch A Dream and CMURC (including its officers, managers, members, consultants and agents), and Pitch A Dream’s sponsors (collectively, the “Reviewing Parties”).  The Reviewing Parties offer no guarantee of confidentiality, either explicit or implicit, in connection with any data or information presented or discussed by applicants.  The Reviewing Parties will not agree to or sign non-disclosure agreements in connection with any application or applicant.  Applicants requiring non-disclosure agreements should not participate. Before submitting their applications, applicants are urged to confirm with appropriate advisors or legal counsel that any intellectual property described therein is legally held or licensed by the applicant, is non-infringing and appropriately protected.  Applicants should be prepared to provide reasonable back-up documentation for these statements, if requested. The authors of each applicant submission will retain all copyrights to the contents of their submission, provided that the Reviewing Parties may make photocopies, photographs, and video and/or audio recordings of any data or information divulged, presented, or discussed by any applicant throughout that applicant’s participation in the Competition.  By entering the Competition, applicants agree to grant a license to the Reviewing Parties to use such materials without restriction and to conduct such due diligence as the Reviewing Parties determine is necessary or desirable for purposes of evaluating the application and carrying out the Competition as described herein. In addition, the Reviewing Parties will have the right to publicly post certain information about accepted applicants and their applications in the public areas of the Reviewing Parties’ websites, including, but not limited to, name and category of business, logo, and an abstract.  The Reviewing Parties will also have the right to use the content of applicants’ applications for research and other not-for-profit purposes.

Pitch A Dream does not discriminate against any applicant on the basis of race, color, creed, ethnicity, gender, disability, age, sexual orientation, gender expression, military status or marital status.

Pitch A Dream reserves the right to modify these Terms and Conditions in its sole discretion.  In the event of a modification, all applicants will be notified as soon as reasonably possible.

Pitch a Dream and/or it’s designees reserve the right to use and reproduce information disclosed about yourself, and/or company for purposes of business or publicity (i.e.) photo and video testimony. 

Pitch a Dream may temporarily or permanently suspend the contest, or modify the contest venues, structure or rules at any time and without advance notice.  Competition sponsors, judges, and service providers reserve the right to disqualify and reject any entries and participants for any reason.  

By entering the contest, entrants fully and unconditionally agree to be bound by the rules and the decisions of Pitch a Dream and the judges, which will be final and binding in all matters relating to the contest. 

Any and all federal, state and local taxes and fees resulting from participation or receipt of any award are the sole responsibility of the participant.  All federal, state, and local laws and rules apply.  

By participating in the contest, all entrants and winners agree to defend, indemnify and hold harmless Pitch a Dream, the judges, and their respective affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liabilities, for losses, harm, damages, injuries, costs or expenses whatsoever including without limitation, property damage or injury which may occur in connection with participation in the contest, for any claims based on third party rights in the entry or arising out of the use of the entry as allowed by these rules including, but not limited to publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action.

Any attempted entry other than as set forth above is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Pitch a Dream and its affiliates are not responsible for technology, hardware, software, or communications malfunctions, errors or failures of any kind, lost, congested, or unavailable network or internet connections, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, or delayed computer transmissions which may limit one’s ability to enter the contest or vote, including issues resulting from downloading any materials from the contest or Sponsor’s website.

YOU EXPRESSLY AGREE THAT PITCH A DREAM, ITS JUDGES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR PARTICIPATION IN THE PITCH A DREAM CONTEST REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL PITCH A DREAM, ITS JUDGES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE PITCH A DREAM CONTEST OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PITCH A DREAM, ITS JUDGES, AFFILIATES, PARTNERS, REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNS, EMPLOYEES, OFFICERS AND DIRECTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

You expressly waive all rights to trial in any action or proceeding instituted in connection with these rules or the contest. Any controversy or claim arising out of or relating to these rules or the contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  The prevailing party shall be entitled to recover its expenses (including reasonable attorney fees) in connection with the arbitration and any appeal from the losing party. Any award by the arbitrator shall be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Any court having jurisdiction may enter judgment on the arbitrator’s award.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Michigan, City of Bay City.  

THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN, U.S.A., WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any disputes with Pitch a Dream arising out of the contest or the rules that are not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Bay County.