Challenge Rules & Application Agreement
All applicants to the Challenge must accept the following Challenge's Rules & Application Agreement:
Business Type: This Challenge is open to any consumer facing businesses, with women comprising at least 50% of the founding team. It must be U.S. owned and operated.
Business Location: This Challenge is open to all U.S. owned and operated companies. However, your business and business team must be able to participate in all Challenge programming
Any consumer-facing businesses with a woman comprising at least 50% of the founding team are welcome to apply. Additionally, we prefer the business will have received less than $250,000 in outside funding by September 30, 2016. Outside funding includes any funding from Angels, VCs and/or accelerator or incubator programs. A venture need not be generating revenues in order to be eligible for the Babson Breakaway Challenge™. The woman Entrepreneur finalist from your company must have the ability to participate in all Challenge programming.
There are no restrictions on the number of team members. A solo venture comprised of an individual woman constitutes a team.
Winning Entrepreneur Team - $250,000 convertible note or funding and a full brand identity platform.
Audience Pick - tbd
Official Rules & Application Agreement
The Babson Breakaway Challenge (the “BBC”) is sponsored by Babson College and Breakaway Group LLC (the “Sponsors”). The BBC begins on June 10, 2016, and ends on September 30, 2016 at 11:59:00 p.m. EST.
1. ACCEPTANCE OF TERMS: These official rules and application agreement (the "Rules and Agreement”) are made between you and the Sponsors. You should read and understand the Rules and Agreement before submitting an application to the BBC. By submitting an application to the BBC, you represent and warrant that you understand and agree to be bound by the terms and conditions hereof, and that you will provide documents to this effect upon request. Each individual applicant who is a member of the team must agree to be bound by these Rules and Agreement; for applicants who are under 18, a parent or guardian must also sign this agreement. The Sponsors take no responsibility for settling disputes within the team.
2. SUBMITTING AN APPLICATION TO THE BBC:
(a) HOW TO SUBMIT AN APPLICATION TO THE BBC:
Each Venture Applicant must submit an application through the official BBC application website (babsonbreakaway2016.startupcompete.com) to be considered. A component of the application is a link to a public video via YouTube, Vimeo, or other alternative deemed suitable by BBC. The applicant agrees that the video must be correctly submitted for the application to be deemed complete.
(ii) Venture Capital Apprentices
A Venture Capital Apprentice was chosen in the Round 1 Application process and will work with Babson and Breakaway during their summer 2016 internship at Breakaway, meaningfully contributing to and a part of the Babson Breakaway Challenge.
(b) REQUIREMENTS FOR VIDEOS: Videos must be submitted in a format and size accepted by YouTube, Vimeo, or other alternative deemed suitable by BBC and must be no more than ONE (1) minute in duration (including any introduction or credits).
(c) REPRESENTATIONS AND WARRANTIES: You and all members of your team represent and warrant that the application does not and shall not contain any material that, in Sponsors' sole discretion: (i) falsely states or otherwise misrepresents your affiliation with a person or entity, without such person or entity's prior written consent; (ii) is false, deceptive, misleading, scandalous, indecent, obscene, pornographic, unlawful, defamatory, libelous, fraudulent, tortious, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes, or graphic violence; (iii) encourages conduct that could be considered a criminal offense, could give rise to criminal civil liability, or could violate any law, or that could otherwise be considered inappropriate; (iv) constitutes a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, the BCC site, or Start Up Compete site, or any hardware, software, or equipment; (v) constitutes any advertising, promotional material, or other form of solicitation; or (vi) constitutes any material, non-public information about the Sponsors. Any application that would violate any law or regulation or these Rules and Agreement will not be considered. Sponsors retain sole discretion as to what constitutes unsuitable content, and to disqualify (at any time) the applicant from participation in the BBC. An application that is submitted in violation of these Rules and Agreement; that is received in whole or in part after the end of the application deadline; or that is incomplete, illegible, corrupted, or damaged, will be discarded and deemed to be VOID.
3. PARTICIPANT'S RIGHTS: By submitting your application, you represent and warrant that (i) all information that you provide through the BBC or Start Up Compete Site in connection with an application, including without limitation the content of the application and any registration information, is and will remain true, accurate, and complete; (ii) you have the legal right and authority to enter into, and understand, these Rules and Agreement with Sponsors; (iii) you solely own, or otherwise have the full right and permission to exploit, all of the rights in, to, and under the application and to grant Sponsors the rights and licenses set forth herein, and with respect to any third party materials that appear in or are otherwise incorporated or embodied in the application, you have obtained express, written clearances from all owners of and rights holders in such third party materials as necessary to grant Sponsors the rights and licenses set forth herein, and you will provide such clearances to Sponsors promptlyupon request; (v) you have obtained the written consent, release, and/or permission of every team member to be included in this application and to be bound by these Rules and Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian, and you will provide such consents, releases and/or permissions to Sponsors upon request; (iv) you have obtained the written consent, release, and/or permission of every identifiable individual who appears in the application, to use such individual's name and likeness for purposes of using and otherwise exploiting the application in the manner contemplated by these Rules and Agreement, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian, and you will provide such consents, releases and/or permissions to Sponsors promptly upon request; (vi) the application (including any audio portions thereof), and the use thereof by Sponsors and Sponsors' respective designees, do not and shall not infringe upon or violate any patent, copyright, trademark, trade secret, or other intellectual property rights or other rights of any third party; (vii) the application is not confidential and does not contain any confidential information; and (viii) in creating the application, preparing the application, and submitting the application, you (A) have complied and will comply in all respects with all applicable laws, rules, and regulations and (B) have not violated and will not violate any understanding by which you are explicitly or implicitly bound (including without limitation any agreement with any third party). Sponsors reserve the right at any time in their sole discretion (but have no obligation) to verify that all necessary rights, clearances, consents, releases, and/or permissions in or relating to the application have been obtained. Sponsors reserve the right to disqualify you from the BBC, and to refuse or reject the application, if Sponsors determine at any time, in their sole discretion, that all necessary rights, clearances, consents, releases, and/or permissions have not been obtained by you. You agree to cooperate with Sponsors in any verification or inquiries related to the foregoing
4. SPONSORS' RIGHTS TO USE SUBMITTED APPLICATIONS AND APPLICANT NAMES: All submitted applications remain the intellectual property of their respective owners, subject to the following: by submitting an application for consideration in the BBC, you irrevocably agree to grant, and actually grant Sponsors a perpetual, worldwide, irrevocable, unlimited, transferable, assignable, sublicensable, royalty-free right and license to reproduce, publish, perform (on Sponsors' website(s), on any other website(s), in print, radio, television or elsewhere), display, distribute, modify, edit, create derivative works of, translate, adapt, rebroadcast, and otherwise use and commercialize the application in any manner and context (including but not limited to usage in advertising, publications or promotional materials), now known or in the future discovered, in Sponsors' sole discretion, in any way, in any and all media, without limitation and without any compensation or acknowledgment to you or any third party, whether or not the application is selected as a semi-finalist, finalist or winner. In addition, as a condition of receiving a potential award, finalists agree to the license granted above. All applicants further acknowledge that Sponsors are under no obligation to return, post, display or otherwise use your submitted application. All applicants hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsors or their respective partners, affiliates, employees, trustees, agents, licensees, award providers or any other person, on the grounds that any use of the application, or any derivative work from such application infringe any of your rights as creator of the application, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral." Nothing herein shall create or constitute an employment, joint venture, or partnership relationship between you and Sponsors. In no way are you to be construed as the agent or to be acting as the agent of Sponsors in any respect, or will you have the power or authority to bind Sponsors in any way. Except as otherwise prohibited by law, applicant grants permission to Sponsors to use applicant's name and/or company name and city/ state of residence in connection with any use of the application in any and all media, worldwide in perpetuity without further compensation or consent, including but not limited to possible television, radio or internet interviews. By submitting an application, applicants acknowledge that application may be available to the public and that no privacy to ideas submitted is guaranteed.
IMPORTANT: You agree that you will provide Sponsors with your Video in its original format in order for the application to be used in future advertising, promotion, or otherwise.
5. ADDITIONAL FORMS: In order to participate in the BBC, applicants may be required to sign consent forms and/or releases in connection with your application. You agree that upon Sponsors' request, you will promptly comply with the foregoing. Applicants who are or have been selected as semi-finalists, in particular, may be asked to provide additional releases as a part of the associated marketing and press.
6. WINNERS AND AWARDS:
(a) SELECTING THE VENTURE SEMI-FINALISTS AND FINALISTS: A panel of judges (the "Judges") will review eligible nominations and, based on the criteria set forth in Section 6(b) below (the "Criteria"), will select from the pool of all eligible nominations a portfolio of about ten (10) entries which the Judges will deem to be Round 2 Semi-Finalists. The Round 2 Semi-Finalists will be notified on or about September 15, 2016. Without limiting Section 4 above, Sponsors may, in their sole discretion, contact the semi-finalists from Round 1 or 2 and require the team leader or applicant and each of the team members associated with the Semi-Finalist application, in order to continue to participate in the BBC, to sign consent forms and/or releases in connection with such individual's nomination and with the production of additional videos by the Sponsors or their designated agents. In the event that after a reasonable number of attempts contact with the semi-finalist has not been made, or if any notification is returned as undeliverable, or if the applicant is unwilling or unable to comply with this Section 6, that applicant may be disqualified. Semi-finalists may elect to end his or her participation in the BBC, or may be disqualified if it has received institutional funding from Breakaway or other Challenge Sponsor, is unable to participate further in the BBC for any reason, or is, in Sponsors' sole discretion, deemed to be ineligible to participate further in the BBC for any reason. Sponsors reserve the right in their sole discretion to replace the semi-finalist with an alternate applicant; provided that such alternate applicant will be subject to the terms and conditions of this Section 6. After the semi-finalists have been finally determined by Sponsors to be eligible to continue to participate in the BBC, such Semi-Finalists will be given awards as set forth in Section 6(c) below.
(b) JUDGING CRITERIA. The Panel will judge all applications according to the criteria listed below. The judges will select a total of about five finalists: applicants will be judged on their potential for attracting institutional investments in the future. Understanding that applicants are all early-stage ventures by definition, it is important to focus on coachability and potential in the following areas:
• Vision connected to market opportunity
• Entrepreneurial instincts and capabilities of the team
• Feasibility: reasonable probability of execution
• Impact: scale, profitability, change
• Realistic funding expectations
(c) AWARDS. One business will be chosen at a Finale event on September 30, 2016 for a convertible note or funding in the amount of $250,000. An audience choice award will also be chosen.
7. LIMITATIONS OF LIABILITY:
By entering the BBC, each applicant represents and warrants that he or she is not prohibited from participating in this BBC by any applicable law, statute, regulation, or authority. No responsibility or liability is assumed by Sponsors for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the BBC application site or e-mail address to which applications can be sent: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or internet connectivity or other online communication problems; errors or limitations of any internet service providers, servers, hosts or providers; garbled, jumbled, faulty, incomplete or illegible data transmissions; failure of any e-mail transmissions to be sent to or received; difficulties in opening email attachments; lost, late, delayed or intercepted e-mail transmissions; incorrect or inaccurate capture of video or other information; inaccessibility of the BBC Site in whole or in part for any reason; traffic congestion on the internet or BBC Site; or unauthorized human or non-human intervention of the operation of the BBC, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the BBC. Sponsors also are not responsible for any lost, late, incomplete, illegible, damaged or misdirected BBC applications submitted or any delay, loss or damage by communication systems. Proof of submitting applications will not be deemed to be proof of receipt by Sponsors. Any use of robotic, automatic, programmed or similar methods of participation will void all such nominations by such methods. Sponsors are not responsible for any typographical or other errors in the offering or announcement of prizes, in these Rules and Agreement, or in the administration of the BBC, or any inaccurate or incorrect data contained on the BBC Site, or any personal injury or property damage or losses of any kind which may be sustained to applicant's or any other person's computer equipment resulting from participation in the BBC, or use of or download of any information from the BBC Site. Use of BBC or Start Up Compete Site is at applicant's own risk.
WITHOUT LIMITING THE FOREGOING, THE BBC AND START UP COMPETE SITE AND ALL MATERIALS PROVIDED THROUGH OR IN CONNECTION THEREWITH, AND ANY AWARDS OR PRIZES OFFERED OR PROVIDED IN CONNECTION WITH THE BBC ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND BY SPONSORS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF USABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR RESTRICTIONS. IN NO EVENT WILL THE SPONSORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE BBC, EVEN IF AN APPLICANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SPONSORS' AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE BBC OR THESE RULES AND AGREEMENT (REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED YOUR COSTS (IF ANY) OF ENTERING THE BBC.
Sponsors do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any award or prize, including without limitation any representations or warranties concerning fitness for a particular purpose or potential results. All applicants, on behalf of themselves, their executors, employers or companies, heirs and assigns, by submitting an application and/ or by acceptance of an award or prize if selected as a semi-finalist or finalist, agree to release Sponsors, award or prize providers, and all officers, employees, agents, affiliates and partners of such entities, from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons or property which may be sustained in connection with the receipt, use or misuse of any award or prize or any actions undertaken using prize, or while preparing for, participating in, or any activity in connection with the BBC or otherwise.
8. RELEASE AND INDEMNIFICATION: BY ENTERING THE BBC, YOU RELEASE AND HOLD BREAKAWAY GROUP LLC AND BABSON COLLEGE, THEIR RESPECTIVE TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, AND THE MEMBERS OF THE PANEL (COLLECTIVELY, THE "BBCENTITIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) ("LOSSES") ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM: (A) YOUR PARTICIPATION IN THE BBC OR ANY RELATED ACTIVITY; (B) ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY AWARD OR PRIZE AWARDED IN CONNECTION WITH THE BBC, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE; (C) ANY BREACH BY YOU OF ANY COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THESE RULES AND AGREEMENT; (D) ANY CLAIM BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; OR (E) ANY CLAIM THAT YOUR VIDEO OR THE USE THEREOF BY ONE OR MORE OF THE BBC ENTITIESINFRINGES UPON OR VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY OR CAUSED ANY DAMAGE TO A THIRD PARTY (INCLUDING WITHOUT LIMITATION PAST, PRESENT OR FUTURE INFRINGEMENT, MISAPPROPRIATION, LIBEL, DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY OR VIOLATION OF ANY RIGHTS RELATED TO THE FOREGOING).
9. MODIFICATION: Sponsors reserve the right, at their sole discretion, to modify, postpone, clarify, delay, suspend and/or terminate the BBC in whole or in part in the event that the BBC is not capable of running as planned or as intended by these Rules and Agreement by reason of any technical, disabling, human or other causes or events that, in the sole discretion of Sponsors, impair, corrupt or interrupt the administration, fairness, security or integrity or proper conduct of the BBC, including without limitation, fire, flood, natural disaster, explosion, labor dispute or strike, act of God or public enemy, terrorist threat or activity or insurrection. In such event, Sponsors may, in their sole discretion: (a) postpone and/or reschedule and/or modify the BBC, or (b) terminate the BBC in its entirety. In the event of postponement, rescheduling or modification of the BBC, a notice to such effect will be posted online. In the event of termination, a notice to such effect will be posted online and all eligible and salvageable applications collected prior to the termination shall be included in the BBC for purposes of awarding the prizes (or prizes of substantially similar value), provided that a sufficient number of applications are received, and Sponsors shall have no further liability to any applicant in connection with the BBC. In no event will Sponsors be obligated to issue more awards or prizes than the number of awards stated in these Rules and Agreement. Sponsors reserve the right to terminate the BBC or to modify any rules as necessary for any reason or as required by applicable law.
10. CONDITIONS OF PARTICIPATION: All applicants agree to be bound by theseRules and Agreement and the decisions of Sponsors whose decisions in all aspects of this BBC shall be final and binding. Sponsors may, at their sole discretion, disqualify an applicant from participating in any aspect of the BBC, if Sponsors deem or suspect that such person has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Rules and Agreement, or any terms and conditions relating to use of or access to the BBC or Start Up Compete Site; or (b) submitting an application that the applicant does not have the right to submit (unauthorized submission of someone else's work or a submission which is otherwise deemed by Sponsors to be unauthorized in whole or in part); (c) damaging, tampering with or corrupting the operation of the BBC; or (d) acting with intent to annoy, harass or abuse any other person; or (e) any unsportsmanlike, inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (g) activity deemed in the sole discretion of Sponsors and their agents to be generally inconsistent with the intended operation of the BBC. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT THE BBC OR START UP COMPETE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE BBC MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS AND THEIR AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
11. WINNERS LIST: Winners of the BBC will be posted on the official BBC site (www.babsonbreakaway.com) on or about October 3, 2016.
12. INTERPRETATION: In the event of any conflict between any information provided on Sponsors' or any third party's web site or provided by any entity other than Sponsors (including any "frequently asked questions"), on the one hand, and these Rules and Agreement, on the other hand, these Rules and Agreement shall govern.
13. PROVISIONS THAT SHALL SURVIVE SUBMISSION: Sections 2(c), 3, 4, 5, 7, 10 and 12 shall survive any expiration or termination of these Rules and Agreement.