Official Rules

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THE CONTEST IS RESTRICTED TO INDIVIDUALS, 18 OF AGE OR OLDER AT TIME OF ENTRY WHO OWN OR ARE AN AUTHORIZED REPRESENTATIVE OF A BUSINESS LOCATED IN THE STATE OF CALIFORNIA.

BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT BETWEEN YOU AND THE SPONSOR, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INSTAGRAM, TWITTER, LINKEDIN, OR ANY OTHER SOCIAL MEDIA PLATFORM (“SOCIAL MEDIA PLATFORM”). YOU UNDERSTAND THAT YOU ARE PROVIDING YOUR INFORMATION TO SPONSOR, AND NOT TO THE SOCIAL MEDIA PLATFORM WHERE YOU MAY HAVE LEARNED ABOUT THIS PROMOTION.

1. CONTEST PERIOD: The “Create & Cultivate LA Conference 2022 Pitch Contest” (“Contest”) begins May 26, 2022, at 12:00:01 AM Pacific Time (“PT”) and ends June 14, 2022, at 11:59:59 PM PT (the “Contest Entry Period”). The computer clock of Sponsor’s web-master is the official timekeeping device of the Contest.
   
   

1. ELIGIBILITY: The Contest is open only to permanent legal residents of California (void in all other U.S. states, Puerto Rico, all U.S. territories and possessions, and all overseas military installations) who are physically located and residing therein, who on the date of entry are eighteen (18) years of age or older. Officers, directors and employees of Create & Cultivate LLC (“Sponsor”), their respective parent companies, divisions, subsidiaries and affiliates, and each of their respective agents, advertising, promotional and judging agencies of each of the foregoing, and any other entity or persons that develops, produces or distributes materials for or related to this Contest (collectively, the “Released Entities”), and members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited by law. Contestants residing in those areas where the Contest is void may participate in the Contest but may not win the Grand Prize. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.
   
   

1. HOW TO ENTER THE CONTEST: 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 the landing page for the Contest at https://www.createcultivate.com/LA2022/ (the “Website”) and follow the prompts to register. The registration form must include your first name, last name, state of your primary residence, business name, state of incorporation, business Instagram account, business website, business location and mailing address, business ownership details, how the business makes money, annual revenue of the business , intended use of the Grand Prize, a five (5)-page presentation about the business inclusive of topline stats, company wins and team bios, telephone number (to be used for finalists contact only), e-mail address and date of birth, as well as to fill out a submission form (each, a “Contest Entry”). Upon completion of a Contest Entry, you automatically receive one (1) entry into the Contest. The Website’s server must receive all entries by 11:59 PM PT on June 14, 2022. Limit one (1) entry per person, per business name. 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. By entering, you also acknowledge compliance with the Terms and Conditions of the Sponsor’s Website. Sponsor reserves the right to disqualify any entry that it determines, in its sole discretion, has violated any provision of these Official Rules as applicable, and its decision in this regard is final. Proof that you entered the Contest online does not constitute evidence that we actually received it by the appropriate deadline. Incomplete and late entries are void. All entries and information become the property of the Sponsor and will not be acknowledged or returned unless required by applicable law.
   
   

1. FINALIST DRAWING AND NOTIFICATION: After the closing of the Contest Entry Period, three (3) potential finalists (“Finalists”), will be chosen by, and at the sole discretion of, Sponsor, on or about June 16, 2022, from all eligible entries received during the Contest Entry Period. These decisions are final and binding on all matters relating to the Contest. The Finalists will be notified by e-mail. If a Finalist cannot be contacted, the Ticket and chance to win the Grand Prize will be forfeited and an alternate Finalist will be selected. Reasons for any Ticket and Grand Prize forfeited and an alternate potential Finalist selected from the remaining eligible entries, by and at the sole discretion of Sponsor, are as follows: (a) if a potential Finalist cannot be reached within forty-eight (48) hours from initial notification attempt; (b) if a Ticket is returned as non-deliverable; and/or (c) in the event of non-compliance with any of the requirements of these Official Rules. Finalists may be featured on the Sponsor’s website, and their respective social media pages.
   
   

1. TICKET AND GRAND PRIZE: The Finalists will receive the opportunity to pitch their small business live in- person to a panel of judges (“Judges”) during the Create & Cultivate LA Conference 2022, on June 25, 2022 (“Event”). Finalists will be provided with a complimentary pass for entry to the Event for themselves and one (1) guest (each, a “Ticket”). Finalists and guests must be one hundred percent (100%) fully vaccinated against COVID-19 (including all variants thereof) and provide proof of vaccination along with matching government issued I.D for entry to the Event. Finalists are solely responsible for any and all expenses not explicitly stated herein including but not limited to ground transportation, accommodations, parking fees, food, beverages, telephone calls, tips, gratuities, bag or coat storage, merchandise, souvenirs, or service charges. The Judges will be selected at the sole discretion of Sponsor. After hearing pitches from each of the Finalists at the Event, the Judges will select and name one (1) Finalist as the grand prize winner of the Contest (“Grand Prize Winner”), as determined in their sole discretion. The Judges’ decisions are final and binding on all matters relating to the Contest and selection of the Grand Prize Winner. 

The Grand Prize Winner will receive the following (the “Grand Prize”):

1. • Ten Thousand Dollars ($10,000.00), payable by check to the Grand Prize Winner’s registered business, as listed on your registration form; and 
   • One (1) of the following Brother Office Prize Packages, to be chosen by the Grand Prize Winner:
     • One (1) Brother INKvestment Tank Printer valued up to Four Hundred Twenty-Nine Dollars and Ninety-Nine Cents ($429.99); or
     • One (1) Brother ADS Scanner valued up to Three Hundred Sixty-Nine Dollars and Ninety-Nine Cents ($369.99); or 
     • One (1) Brother P-touch Label Maker valued up to Ninety-Nine Dollars and Ninety-Nine Cents ($99.99)

The total Approximate Retail Value (“ARV”) of the Grand Prize is Ten Thousand Four Hundred Twenty-Nine Dollars ($10,429.00). 

1. GENERAL PRIZE TERMS AND CONDITIONS: The Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. The value of the Grand Prize awarded to a Grand Prize Winner will be reported for tax purposes as required by law. The Grand Prize Winner will be solely responsible for all income, federal, state and/or local taxes, and for any other fees or costs associated with the Grand Prize they receive. Participants receiving a Grand Prize or any other prize or item valued over Six Hundred Dollars ($600.00) will be required to sign an Affidavit of Eligibility and Liability/Publicity (collectively, the “Prize Acceptance Release”), and return it within three (3) business days of written notification or the Grand Prize or other prize or items may be forfeited and an alternate potential winner selected, time-permitting, where legal. The Grand Prize Winner may also be required to send a copy of their passport, driver’s license or birth certificate as proof of age. A Grand Prize Winner will be required to provide Sponsor with a valid social security number before a Grand Prize will be awarded for tax reporting purposes. An IRS Form 1099 will be issued in the name of a Grand Prize Winner. Non-compliance shall result in disqualification and award of the Grand Prize to an alternate Participant. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential winner cannot attend the Event or participate in any portion of the Grand Prize, or if the potential winner declines a Grand Prize for any reason prior to award, such potential winner may be disqualified, even if the disqualified potential winner’s name may have been shown/announced online, and an alternate winner will be selected, at the discretion of the Sponsor.
   
   

The Grand Prize Winner’s acceptance of the Grand Prize constitutes permission and signifies their agreement and consent (except where prohibited) that the Sponsor may use the Grand Prize Winner’s name, photograph, city, state, likeness, statements, biographical information, voice, business name, logo, trademark, trade name, and/or Grand Prize information for any and all public relations, advertising and/or promotional purposes as determined by the Sponsor in all forms of media and by all means (now and hereafter known), worldwide, including the Internet, in perpetuity, without notice, consent, review or approval or further compensation, except where prohibited by law. Further, all Participants hereby grant Sponsor a non-exclusive, perpetual, worldwide license to broadcast, publish, store, reproduce, distribute, syndicate, and otherwise use and exhibit their Contest Entry (along with their names, voices, performance and/or likenesses) in all media now known and later coming into being for purposes of trade or advertising without further compensation. Participants represent and warrant that they have full legal right, power and authority to grant Sponsor the foregoing license and if applicable, have secured all necessary rights from any participants in, and contributors to, their Contest Entry in order to grant such a license.

No portion of the Grand Prize is transferable. There are no substitutions unless specified or approved by the Sponsor in writing. Grand Prize details and availability are subject to change, and in the event that the Sponsor is unable to provide the Grand Prize Winner with the Grand Prize won, the Sponsor may elect, at its sole and absolute discretion, to provide the Grand Prize Winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value. The stated ARV of the Grand Prize is based on available information provided to Sponsor at the time these Official Rules were drafted (and any difference in ARV at the time of awarding will not be awarded). The Released Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify any potential Finalists and/or Grand Prize Winner. Unclaimed prizes will be forfeited. A properly claimed prize will be awarded subject to these Official Rules. The Sponsor and other Released Parties are not in any way responsible or liable for damages resulting from shipping and handling, loss, use or misuse of any prize awarded in the Contest.

1. PRIVACY AND OPT-IN: Any personal information supplied by you to the Sponsor will be subject to its privacy policy posted at http://createcultivate.com/privacy-policy. By entering the Contest, you grant the Sponsor permission to share your e-mail address and any other personally identifiable information with the Released Entities for the purpose of administration, and Ticket and Grand Prize fulfillment. You will also have the opportunity to authorize the Sponsor and its affiliates and partners to send you e-mails about their products and services. You may opt out of receiving future e-mails from the Sponsor, by clicking on the link contained in any e-mail from that party. You will remain eligible for this Contest whether or not you opt out of receiving promotional e-mails from the Sponsor.
   
   

1. ENTRY ERRORS/TAMPERING: Sponsor is not responsible for: (a) electronic or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, postage-due or misdirected; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures, destruction or unauthorized access to, or alteration of, entries; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Participants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (d) any entries submitted in a manner that is not expressly allowed under these rules; (e) incorrect or inaccurate entry information whether caused by participants or by any of the equipment or programming associated with or utilized in the Contest, (f) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of Ticket and/or Grand Prize winners; or (g) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks). If for any reason the Contest cannot be executed as planned, including, but not limited to, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor that corrupts or affects the security, administration, fairness, integrity or proper conduct of the Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to cancel, modify or terminate the Contest and reserves the right, but shall not be obligated, to randomly select the winners from among all non-suspect entries received as of the date/time of such termination/cancellation or modification. The Sponsor reserves the right to investigate multiple shipments of Tickets and/or a Grand Prize to any single address. The Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

The Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Any Participant determined to be involved in such prohibited activity will not be eligible to receive a Ticket or Grand Prize in this Contest.

1. RELEASES: All Participants, as a condition of participation in this Contest, agree to indemnify, release and hold harmless the Released Entities from any and all liability, claims, damages, injuries or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with: (a) participating in any aspect of the Contest; or (b) the receipt, ownership, possession, use or misuse of any Ticket or Grand Prize awarded.
   
   

1. DISPUTE RESOLUTION: Except where prohibited, each Participant agrees that this Contest shall be governed by and construed in accordance with, the laws of the State of California without giving effect to its or any other state’s choice of law or conflict of law statutes, regulations or rules. Participants agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with the Contest shall be resolved, upon the election by either the Participant, Sponsor and/or its affiliates (each a “Party”) by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum (“NAF”) or the American Arbitration Association (“AAA”), as selected by the Participant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER PARTICIPANT OR SPONSOR NOR WEBSITE HOST WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless the Participant and Sponsor mutually agree otherwise, the arbitrator may not consolidate more than one person’s Claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator’s authority to resolve Claims is limited to Claims between the Sponsor and/or its affiliates and Participant, alone and the arbitrator’s authority to make awards is limited to awards to the Sponsor and/or its affiliates and the Participant alone. Furthermore, Claims brought by either Party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all Parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual Claim.

No arbitration award or decision will have any preclusive effect as to issues or Claims in any dispute with anyone who is not a named Party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either Party’s right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.

If arbitration is not used to resolve a Claim, PARTICIPANT AGREES THAT THERE WILL NOT BE A JURY TRIAL. PARTICIPANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS CONTEST IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Participant agrees that this Contest shall be subject to and governed by the laws of the State of California, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in Los Angeles County, California.

1. SPONSOR & CONTEST ADMINISTRATOR: Create & Cultivate LLC, 1201 N. Main Street, Los Angeles, CA 90012.