CoLab, Inc. Moxie

Pitch Event

Terms & Conditions

WHEREAS, CoLab, Inc., an Idaho non-profit corporation having its principal office at 4481 N. Dresden Place, Garden City, Idaho 83714 (“CoLab”) intends to hold a competition known as the Moxie Pitch Event in which finalists shall be chosen from Qualified Entrants, as defined herein, to present their idea for a business or nonprofit to a panel of judges on April 27, 2020  in order to compete for cash prizes (the “Competition”).

NOW THEREFORE, CoLab herein sets for these Terms and Conditions which apply to and govern the Competition and the entrants’ participation therein.

  1. Definitions.  In addition to those previously set forth herein, these Terms and Conditions of entry, unless otherwise indicated:

    1. Any reference to ‘entrant’, ‘you’, or ‘your’ means the individual or group or the representative of the group who is named on the contact details section of the entry form.

    2. Any reference to ‘the entry’ means the idea for a business or nonprofit entered for consideration in the Competition.

    3. The term “Qualified Entrant” shall mean an entrant who has complied with these Terms and Conditions and thereby submitted its entry in the Competition.

    4. The term “Qualified Entry” shall mean an entry which has been submitted by a Qualified Entrant in compliance with these Terms and Conditions.

    5. The term “Finalist” shall mean the six (6) Qualified Entrants whose Qualified Entry has been selected by CoLab to be presented at the Pitch Event (defined herein).

    6. The term “Pitch Event” shall mean the event which shall occur on April 27, 2020, during or following the Conference, at which the Finalists shall present their entry to a panel of judges.

    7. The term “Project Outline” shall mean the information and materials submitted by the entrant in support of its entry, which should include pitch deck, financial breakdown, business plans, and proofs of concept. 

    8. The term “Submission Form” shall mean the webpage located at http://colabinc-6496480.hs-sites.com/moxie-2020-pitch-form

    9. The term “Deadline” shall mean April 1, 2020.

  2. Submission of Entry.

    1. An entrant may only submit one (1) entry.

    2. All entries must be submitted on or before the Deadline

    3. The Competition is open to any individual who has reached the age of eighteen (18) years old on or before the Deadline and who hasn’t placed first, second, or third in a CoLab Inc. Pitch Event within the prior calendar year.

    4. Prior to submitting an entry, entrants must register for the Moxie Summit 2020 by registering at moxie.colabinc.org.

    5. Entries must be submitted through the Submission Form at http://colabinc-6496480.hs-sites.com/moxie-2020-pitch-form.

  3. Contest Rules; Incorporation by Reference; Disqualification.

    1. The Contest Rules for the Competition, including submission criteria, are described within the document available https://www.moxie.colabinc.org/pitch-criteria, which by this reference is incorporated herein as if set forth in full.

    2. CoLab reserves the absolute and unqualified right to remove from Competition any entry or entrant deemed to be in violation of the Contest Rules or these Terms and Conditions at any time.

  4. Judging of Pre-Finalist Entries. 

    1. CoLab, in its sole and absolute discretion, shall judge the Qualified Entries in order to select the Finalists.  The criteria used by CoLab shall include the strength of the idea, creativity, technical execution, feasibility, and thoroughness and quality of Project Outline.  The criteria is more fully set forth at the CoLab website, https://www.moxie.colabinc.org/pitch-criteria

    2. CoLab shall determine, announce, and notify the Finalists no later than April 10, 2020.

    3. CoLab’s decisions are final and no correspondence or discussion will be entered into regarding the judging process or any outcomes reached.

  5. Judging Finalist Entries.

    1. Finalists’ Qualified Entries shall be judged at the Pitch Event by a panel of judges and an audience vote. The criteria used the judges shall be the strength of the idea, creativity, technical execution, feasibility, and thoroughness and quality of Project Outline.

    2. At the Pitch Event, each Finalist shall have 5-7 minutes to present their Qualified Entry.  Additional time shall be allotted following each presentation wherein the panel judges may ask questions and discuss the entry with the Finalist.

    3. Following presentations of all Finalists, the Pitch Event panel judges, shall, in their sole and absolute discretion, award first, second, and third placements which shall receive prizes as set forth herein.

    4. The decisions of the panel of judges are final and no correspondence or discussion will be entered into regarding the judging process or any outcomes reached.

  6. Prizes; Limited Investment. 

    1. Any and all prize awards as described herein shall be in the form of limited investments entitling CoLab to be paid back by the winners an amount up to – but not more than – the Prize Amount.  

    2. Prizes in the form of an opportunity to receive a limited investment pursuant to Section 6(d) herein shall be awarded to the finalists taking first, second, and third place, to be paid by CoLab, as follows:

      1. First Place: $12,500

      2. Second Place: $7,500

      3. Third Place: $5,000

    3. In addition, all winners shall have the opportunity to participate in mentoring for the purpose of cultivating the winning entry into a viable and successful business or nonprofit venture.  Any person who provides such mentorship shall have absolute immunity from any suit related to the performance of the winner’s business or charitable venture and the entrant hereby waives any such claims.

    4. First, second, and third place winners shall have the opportunity to enter into a limited investment agreement to receive an interest-free investment in the amount described in Section 6(b) herein.  The limited investment agreement presented to the winner shall provide, generally, that: (a) such winner shall receive the afore-described cash payment within ninety (90) days of the judges’ decisions; (b) the funds shall be used by the winner in good faith for the purpose of developing the entry into a viable business or charitable venture; (c) that the winner shall report to CoLab concerning use of the limited investment funds; (d) that the winner shall report to CoLab at least annually concerning any revenues generated by or in relation to the intellectual property comprising the winning entry which report shall consist of the entrant’s IRS Schedule K-1 (Form 1065) or a certified third party financial statement; (e) that the entrant shall pay CoLab one (1%) percent of all annual profit generated by or in relation to the intellectual property comprising the winning entry, or any part thereof, if any, until such time as CoLab has been repaid the entire Prize Amount paid to the Finalist in relation to such Qualified Entry; and (f) that the winner shall indemnify CoLab for any claims by third-parties arising from an allegation of damages caused by or resulting from the winner’s use of the limited investment funds. 

      1. In the event that the winner and CoLab cannot agree to the terms of the limited agreement within ninety (90) days of the judges’ decisions, then CoLab shall have no obligation to pay to the winner any amount whatsoever and the winner’s prize entitlement shall terminate.

  7. Confidentiality, privacy, and personal information.  In the event that the entrant becomes a Finalist, the such Finalist’s name, age, location, and photographs may be published by CoLab, including – but not limited to – in its promotional material, website, social media platforms, and printed material.  CoLab shall collect but not publish all entrants’ phone numbers, physical addresses, and email addresses for the purpose of contacting entrants with respect to the Competition.  CoLab will not use entrant’s personal information for any purpose not stated herein.  Should an entrant’s contact details change during the Competition, it is the entrant’s responsibility to notify CoLab.

  8. Representations.  By submitting an entry, the entrant warrants and represents that the entry submitted is the entrant’s own work and does not infringe on the copyrights, trademarks, moral rights, rights of privacy, rights of publicity, or intellectual property rights of any person or entity, and that no other person or entity has any right, title, claim, or interest in the entry. 

    1. CoLab shall have the right to remove any entry from competition which is determined to violate the foregoing representation.

    2. The entrant agrees to indemnify CoLab and its partners, affiliates, subsidiaries, agents, employees, officers, directors, representatives, and principals from any claim or action by a third party in relation to entrant’s breach of the foregoing representation, including – but not limited to – entrant’s unauthorized use of copyrighted material. 

  9. Pitch Event Code of Conduct.  Any entrant or other participant in the Competition is required to abide by and comport themselves according to the behavioral requirements of this section.  Failure to do so will result in disqualification from the Competition.

    1. Behavior. 

      1. Entrants must at all times observe the highest standards of personal integrity and good sportsmanship. Entrants are required to behave in a professional and sportsmanlike manner in their interactions with other entrants, judges, representatives of CoLab, media, sponsors, administrative  and support staff, event staff, and event attendees, and any other person or entity with whom the entrant may come to interact in relation to their participation in the Competition (collectively, “other participants”).

      2. Entrants may not use obscene or offensive gestures or profanity in their entrants, project outlines, presentations, interactions with other participants, or other public-facing communications related to the Competition of any kind. This rule applies to English and all other languages and includes abbreviations and/or obscure references.

      3. Entrants are expected to settle their differences in a respectful manner and without resort to violence, threats, or intimidation (physical or non-physical). Violence is never permitted at any time or place, or against any person including other participants.

    2. Cheating and Contest Integrity.

      1. Any form of cheating by any entrants will not be tolerated. Entrants are prohibited from influencing or manipulating the outcome of the Competition with the intent that any aspect of the judging or award of prizes is determined by anything other than the merits of the entry under consideration. Examples of such prohibited behavior are not exhaustive, and include without limitation: (i) Colluding with other participants in order to fix or alter the results of the judging; (ii)Attempts to interfere with or alter an entry other than the entrant’s own entry; (iii)Violent, threatening or harassing behavior towards other participants; (iv ) Possession of a weapon at any event related to the Competition; and (v) Any other actions or conduct that threatens to undermine the integrity of the Competition.

    3. Illegal and/or Detrimental Conduct.

      1. Entrants are required to comply with all Applicable Laws at all times.

      2. Entrants may not engage in any activity or practice which (i) brings such entrant into public disrepute, scandal or ridicule, or shocks or offends a portion or group of the public, or derogates from his or her public image, or (ii) is, or could reasonably be expected to be, detrimental to the image or reputation of, or result in public criticism of or reflect badly on CoLab or other participants.  A non-exhaustive list of such types of misconduct are as follows: (i) Actual or threatened violence toward a person, including domestic violence, partner violence, dating violence and child abuse; (ii) Sexual assault and other types of sexual offenses; (iii) Illegal possession or distribution of a weapon; (iv) Conduct that poses a danger to the safety of another person; (v) Animal cruelty; (vi) Theft and other property crimes; and (vii) Crimes involving dishonesty.

      3. Each entrant acknowledges that CoLab may have an obligation under Applicable Law to report illegal activities to local law enforcement authorities or respond to formal inquiries from law enforcement or judicial authorities in jurisdictions where suspected violations of law have taken place.

    4. Anti-Harassment.

      1. CoLab is committed to operating the Competition in such a way that is free of harassment and discrimination.  In furtherance of this commitment, entrants are prohibited from engaging in any form of harassment or discrimination in relation to their participation in the Competition, including without limitation that which is based on race, color, religion, gender, national origin, age, disability, sexual orientation, gender identity, or any other class or characteristic.

    5. Non-Disparagement.

      1. Entrants have the right to express their opinions in a professional and sportsmanlike manner.

      2. Entrants may not at any time make, post, publish or communicate to any person or entity or in any public forum any false, defamatory, libelous, or slanderous remarks, comments or statements concerning CoLab or the other participants.

      3. This Section does not, in any way, restrict or impede an entrant from complying with any Applicable Law or a valid order of a court of competent jurisdiction or an authorized government agency.

    6. Reporting.

      1. Upon becoming aware of any conduct prohibited by this Section, entrants are required to immediately report the details to CoLab.

  10. Disclaimers.

    1. CoLab reserves the right to cancel, postpone, extend, or amend the Competition at any time in CoLab’s sole and absolute discretion.

    2. CoLab reserves the right to alter or cancel prizes in CoLab’s sole and absolute discretion.

    3. CoLab and its partners, affiliates, subsidiaries, agents, employees, officers, directors, representatives, and principals shall not be liable for any injury, damages, expenses, or loss whatsoever (whether direct or indirect) to persons or property as a result of or arising from the submission of any entry.

    4. CoLab and its partners, affiliates, subsidiaries, agents, employees, officers, directors, representatives, and principals shall assume no liability resulting from losses, delays, mistaken addresses on email received, typographical errors, technical, computer or telephone malfunctions, loss or theft of computer or telephone data, damage to software or computer equipment, fraudulent calls or any other mistake.

  11. Additional Releases and Waivers.  In addition to any disclaimers, releases, and waivers previously stated herein, the Entrant acknowledges and agrees that:

    1. Entrant waives any and all claims against CoLab and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors for any loss due to event cancellation, a privacy breach, or a breach of these Terms & Conditions by another entrant.

    2. By submitting an entry, the entrant agrees to release, discharge, and hold harmless CoLab and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors from any claim, loss, injury, or damage arising directly or indirectly out of:

      1. the entrant’s participation in the Competition or any related activities;

      2. entrant’s act or failure to act (whether negligent or intentional), entrant’s willful misconduct, or violation of law arising out of entrant’s participation in the Competition and/or acceptance, possession, use, or misuse of any prize or any portion thereof, including submission of entrant’s entry;

      3. Any act or failure to act (whether negligent or intentional) by CoLab and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors;

      4. Any act or failure to act (whether negligent or intentional) by any other entrant in the competition; and

      5. Any act or failure to act (whether negligent or intentional) by any other third-party.

    3. CoLab and its partners, affiliates, subsidiaries, agents, employees, officers, directors, representatives, and principals shall have no liability for the success or profitability of any business or charitable venture by the entrant whether or not related the intellectual property comprising the entrant’s entry.

  12. Construction.  The following rules of construction shall apply to these Terms and Conditions:

    1. The headings in these Terms and Conditions shall not affect construction or interpretation.

    2. Unless the context clearly indicates to the contrary, (a) the plural includes the singular and the singular includes the plural; (b) “and” and “or” are each used both conjunctively and disjunctively; (c) “any,” “all,” “each,” or “every” means “any and all,” and “each and every”; (d) “includes” and “including” are each “without limitation”; (e) “herein,” “hereof,” “hereunder” and other similar compounds of the word “here” refer to the entirety of these Terms and Conditions and not to any particular paragraph or section; and (f) all pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to may require.

    3. Unless the context clearly indicates to the contrary, any reference herein to any specific Section of these Terms and Conditions shall be deemed to include that Section’s subsections and subparts.

    4. If any part of these Terms and Conditions is invalid or unenforceable, this agreement does not include it. The remainder of the terms and conditions continue in full force.

  13. Miscellaneous.

    1. No Partnership.  Neither this instrument nor the events contemplated herein shall be construed to constitute a partnership between or joint venture by the parties hereto or constitute any party the agent of the others.  No party shall hold itself out contrary to the terms of this section and no party shall become liable by any representation, act or omission of the other contrary to the provisions hereof.  This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not.

    2. Event Details Subject to Change.  The date, location, and name of the Event are all subject to change at the sole and absolute discretion of CoLab.

    3. Governing Law; Forum and Venue; Jury Trial Waiver.  These Terms and Conditions shall be governed by the substantive statutes and common law of Idaho, other than its choice of law provisions.  Any litigation which may arise in relation to these Terms and Conditions shall be filed and prosecuted in the District Court of Ada County, Idaho.  In the event of such litigation, the parties waive their right to a trial by jury.

    4. No Assignment.  Entrants may not assign their rights under these Terms and Conditions to any other person or entity.

    5. Taxes.  The value of any prize awarded to an entrant may be reported for tax purposes as required by law.  Each entrant is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize which are not specifically provided for in the official rules.  Each competition winner must provide CoLab with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.  Any person winning over $600 in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.

BY SUBMITTING YOUR ENTRY, YOU ACKNOWLEDGE AND AGREE TO THE FOREGOING TERMS WITHOUT RESERVATION.

About us

We help innovators and entrepreneurs bring their ideas to life through coaching, mentoring and startup funding.

Contact us

208-459-8522

contact@colabinc.org

4481 N Dresden Place

Garden City, ID 83714

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