PROGRAM RULES

Positive Planet US

ACCELERATOR HUB FOR MINORITY WOMEN ENTREPRENEURS

APPLICATION RULES

Last Updated: December 9, 2020

BY [CLICKING “SUBMIT”] YOU ARE INDICATING THAT YOU HAVE READ AND UNDERSTAND THESE RULES, AND THAT YOU AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THESE RULES. IF YOU DO NOT AGREE TO THESE RULES, YOU MAY NOT APPLY TO THE PROGRAM.

NO PURCHASE OR DONATION OF ANY KIND IS NECESSARY TO APPLY. A PURCHASE OR DONATION WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED. OPEN ONLY TO U.S. LEGAL RESIDENTS RESIDING IN THE STATE OF NEW YORK.

These rules (“Rules”) govern each person (including you) (each an “Entrant”) that applies for admission into the Positive Planet Accelerator Hub for Minority Women Entrepreneurs (the “Program”). The Program will commence on December 11, 2020 and conclude on March 31, 2021.

By applying to the Program, you are indicating your agreement to be bound by these Rules during and after the Program you are applying to, and throughout your association with Planet Finance Corp. (“Positive Planet”). If you are accepting or agreeing to the Rules on behalf of a company or other legal entity, you represent and warrant that you have the authority to act on behalf of and bind that entity to the Rules.

  1. Eligibility. Any legal resident of the United States that is residing in the State of New York (the “Territory”) who is at least eighteen (18) years of age or older as of the date of entry may apply to the Program.

The following individuals and entities are NOT eligible to participate in the Program, regardless of whether otherwise qualifying for admission: (a) Positive Planet volunteers, board members and their immediate family members; and (b) any person who has been terminated or disqualified from any Positive Planet employment or program anywhere in the world for any reason.

Positive Planet staff reserves the right to deem applications as ineligible if they do not meet the foregoing guidelines. 

  1. Application Process. Applications for the Program may be submitted between December 11, 2020 at 12:01 am EST and January 6, 2021 at 11:59 pm EST (“Application Period”).  Only applications submitted through the Positive Planet website during the Application Period will be considered. Applications are limited to one (1) per Entrant. Should more than one (1) entry per Entrant be received, Positive Planet reserves the right to void all such entries. Positive Planet is not responsible for late, lost, misdirected, misidentified, illegible or garbled entries or submissions. Incomplete or untimely entries will not be accepted. Positive Planet’s clock is the official timekeeper for this application process. The selected Entrants shall be notified on January 13, 2021. 
  2. Submissions. All Entrants must complete the Application Form in full.  Winners will be selected based on evaluation of the submitted application materials. By submitting an application, you hereby represent and warrant the contents of your application are true, accurate and complete, that you have the right to submit the application and meet all eligibility requirements, and your application does not and shall not breach any confidentiality, non-disclosure, non-competition, or non-solicitation, or any other obligations, or violate any intellectual property rights. 

Subject to Positive Planet’s legal obligation to Entrants under applicable privacy regulations, Positive Planet shall be under no obligation to return entry materials submitted to it for the Program. Retention of these materials is not intended to imply that Positive Planet claims any ownership or other proprietary interest in any of entrant’s proprietary ideas or concepts expressed in such materials.

  1. Admissions Process. Positive Planet employees shall review all Entrant submissions and make determinations on each Entrant’s potential for long term success based upon Positive Planet’s expertise and the quality of the Entrant’s applications in Positive Planet’s sole judgement and discretion. All admissions decisions made by Positive Planet are at their sole discretion and are FINAL. YOU ACKNOWLEDGE AND AGREE THAT NOT ALL ENTRANTS WILL BE SELECTED, SUBMISSION OF AN APPLICATION DOES NOT GUARANTEE YOU ADMISSION INTO THE PROGRAM, AND YOU HEREBY RELEASE POSITIVE PLANET FROM ANY CLAIMS RELATING TO THE PROGRAM, OR YOU ADMISSION THERETO, OR REJECTION THEREFROM.
  2. Entrant Conduct. Any violation of these Rules will disqualify you from the Program, and result in forfeiture of any admissions opportunities to the Program. Furthermore, Positive Planet reserves the right to remove or disqualify any Entrant from the Program and from all Positive Planet programs at any time, at its sole discretion and for any reason. Without limiting the foregoing, any Entrant who engages in immoral, illicit, or illegal conduct, including activities that violate these Rules or the Terms (as defined below), including but not limited to lying, cheating, engaging in any criminal activity (whether or not related to the Program) and/or any activity that, in the sole discretion of Positive Planet, may adversely affect the Program, other Entrants, the image of Positive Planet, or any of our affiliates or sponsors, automatically becomes ineligible for the Program, forfeits any awards, and shall be disqualified from participating in the current and any other Positive Planet Programs or programs in the future.
  3. Additional Terms.  By entering the Program, you agree to (a) comply with and be bound by these Rules and the decisions of Positive Planet, which are binding and final; and (b) comply with the Positive Planet Terms of Use, currently located at [www.positiveplanetus.org/termsofuse] (as may be amended from time to time, the “Terms of Use”), and the Positive Planet Privacy Policy, currently located at www.positiveplanet.us.org/privacy (as may be amended from time to time, the “Privacy Policy”). Our collection and use of information about Entrants is governed by our Privacy Policy.  By applying for the Program, you consent to the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, analysis, processing and use by Positive Planet. Further, you acknowledge and agree that should you be selected, actual participation in the Program will be subject to additional terms, including, without limitation an Accelerator Participant Agreement. 
  4. Indemnification. You hereby agree to indemnify, defend, and hold harmless Positive Planet, together with its affiliates and all of their respective past and present volunteers, agents, employees, officers, directors, shareholders, licensors, service providers, and representatives involved with the Program (collectively, the “Indemnified Parties”) from and against any and all claims, expenses, losses, damages (whether compensatory, direct, incidental, consequential, or otherwise), costs (including without limitation reasonable legal fees), and liability, and any third party claims of intellectual property infringement, breach of confidentiality or trade secret claim(s) brought against the Indemnified Parties relating that the content and information in your application.
  5. Intellectual Property. You are not authorized to use any intellectual property of Positive Planet or any other Entrant, including but not limited to any trademark, copyrightable content, or other proprietary content without the express written authorization of Positive Planet or the applicable owner of such rights.

[You agree that Positive Planet may use your name, image, photograph, and biography in connection with the promotion of Positive Planet and its activities in perpetuity, in all manner of media, without further authorization from or compensation to Entrant. You hereby waive and release Positive Planet, its affiliates and assigns from all claims and causes of action arising out of the uses set forth in this paragraph.]

  1. Confidentiality. Throughout the application process and if admitted to the Program, you may have access to certain confidential or proprietary information belonging to Positive Planet. “Confidential Information” means any information that information disclosed by Positive Planet or its affiliates, either directly or indirectly, in any medium, regardless of any confidentiality markings, that a reasonable person under the circumstances would deem confidential.  Notwithstanding the foregoing, Confidential Information shall not include any such information which you can establish (a) was publicly known or made generally available prior to the time of disclosure; (b becomes publicly known or made generally available after disclosure through no wrongful action or inaction; or (c) is in your rightful possession, without confidentiality obligations, at the time of disclosure as shown by then-contemporaneous written records. During and after the Program, the Entrant will hold in confidence, and take all reasonable precautions to prevent any unauthorized use or disclosure of Confidential Information, and the Entrant will not (i) use the Confidential Information for any purpose other than applying to the Program, or (ii) disclose the Confidential Information to any third party without the prior written consent of Positive Planet. 
  2. Governing Law.  These Rules and the Program shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted or brought in connection with the Program, Positive Planet and the Entrant hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
  3. Entire Agreement.  These Rules, the Terms of Use, and the Privacy Policy constitute the entire agreement and understanding between Positive Planet and the Entrant with respect to the subject matter herein and supersede all prior written and oral agreements, discussions, or representations between the parties. The Entrant represents and warrants that it is not relying on any statement or representation not contained in these Rules, the Terms of Use, or the Privacy Policy. However, in the case of conflict between these Rules and other information on the website, these Rules shall control.