CULTURE SHIFT LABS AND COMMONSPIRIT HEALTH WOMEN OF COLOR IN HEALTHCARE PITCH COMPETITION OFFICIAL RULES
 

ALL FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS APPLY

VOID PROHIBITED OR RESTRICTED BY LAW

Each individual (“Entrant”) who submits a complete Application (as defined below) and the video described below accepts and agrees to be bound by these Official Rules of the Women of Color in Healthcare Pitch Competition (the “Competition”).  Any violation of these rules may result in disqualification.  The selection of the Winner (defined below) of this Competition will be final and binding in all respects.  These Official Rules are subject to change without prior notice.

1. ENTRY ELIGIBILITY.      The Competition is open only to entrepreneurs who meet the following criteria:

• A woman of color identifying entrepreneur who owns at least 50% or more in a qualifying business

• Day-to-day manager of the qualifying business  

• 18 years or older as of the Application due date (December 9, 2021)

• A legal resident of the fifty (50) United States, the District of Columbia or a U.S. territory

 

  A “Qualifying Business” is defined as a for-profit business that:

• is providing novel health and wellness solutions to underserved communities

• has raised at least one million dollars ($1 million) in equity or convertible debt financing

• generating recurring revenues exclusive of funding from investors.   (Minimum $500,000 in revenues in each of the past two (2) fiscal years preferred though not required) 

• formed under United States law and operating in the United States, the District of Columbia or a U.S. territory

 

  Examples of non-qualifying businesses include non-profit organizations, idea stage ventures, and subsidiary businesses.

  The following individuals are not eligible to participate: (a) officers, directors, employees, independent contractors, and representatives of Culture Shift Labs (“CSL”)      or CommonSpirit Health ( CSL and CommonSpirit Health, collectively referred to herein as “Sponsor”) and (b) any other party associated with the development or          administration of this Competition, including the official judges; and (c) the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the            same household, as such individuals listed herein. All applicable federal, state and local rules apply. The Competition is void where prohibited or restricted by law.

 

2. PROMOTION PERIOD:  Applications open on Monday, November 23, 2021 (“Start Date”) and must be submitted, along with an accompanying video by December 9, 2021, 11:59 PM Eastern Time (“Submission Period”).  No more than twenty (20) finalists (“Finalists”) will be chosen to pitch their ideas at a special event in Miami, Florida, which will be held on Friday, December 17th from 3pm-6pm (location TBD) (the “Event Finals”).

 

3. HOW TO ENTER.  All Submissions are final upon receipt by the Sponsor.  For Submissions to be qualified for consideration, Entrants must: 

 

  (i) complete and submit an application form (the “Application”), which can be accessed at https://tinyurl.com/2w96mvnk; and 

 

  (ii) submit a video no longer than one (1) minute in length, describing your business, who the business serves, team, fundraising thus far, and any success stories.  

(Application and video, collectively, a “Submission”).  

Submissions must be entered https://tinyurl.com/2w96mvnk.  Submissions that do not comply with these Official Rules and/or are incomplete or inaccurate will be void, eliminated and not eligible for consideration.  Entrant must secure consent from any individual appearing in a Submission video or description and provide evidence of such consent to Sponsor upon request.

The Sponsor reserves the right, in its sole discretion, to reject and/or disqualify any Submission, subject, or related material that the Sponsor deems to be nude, obscene, defamatory, profane, offensive, lewd, pornographic, false, misleading, deceptive, or otherwise inconsistent with its editorial standards, audience expectations, or reputational interests or that Sponsor believes may violate any applicable law or regulation or the rights of any third party.  The Sponsor reserves the right, in its sole discretion, to verify any element of any Submission or related materials, request additional information and to disqualify any Entrant whose participation may subject the Competition, the Sponsor or the Sponsor’s donors (if any) to controversy, negative publicity, scorn, or ridicule.  The Sponsor may disqualify any Submission, at any time, if it is determined, in Sponsor’s sole discretion that the Entrant has not complied with these Official Rules. 

 

Limit one Submission per Entrant during the Submission Period. All Entrant information, including e-mail addresses, is subject to the Privacy Policy of CSL.   

 

4. COMPETITION JUDGING AND WINNER SELECTION.  

 

The Finalists will be selected from among all eligible Entrants.  One winner will be chosen at the Event Finals by a panel of at least six (6) judges.  

 

Finalists will be judged according to a variety of factors, including the following:

 

• Track Record -- Examples of how your business creates a positive and lasting impact for the underserved in the areas of health and wellness

 

• Business Plan -- Your written plan and pitch for scaling your business

 

• Proposed Solutions for the Underserved -- the likely success and impact of your proposed solutions for the underserved community

 

• Proposed use of the Prize (as hereinafter defined)

 

During the first or second week of December 2021, Sponsor will notify each potential Finalist by email.  Each potential Finalist will have 24 hours from the moment such notification is issued to respond to such notification and to sign and return to the Sponsor an Affidavit of Eligibility/Liability and Publicity Release.  Noncompliance or return of notification as undeliverable may result in disqualification and, at Sponsor’s discretion, selection of an alternate Finalist.   Subject to applicable eligibility requirements set forth herein, all potential Finalists who return a fully executed Affidavit of Eligibility/Liability and Publicity Release within the stated time period and agree to participate in the Event Finals will be deemed a Finalist.  In-person participation in the Event Finals are encouraged.  However, in Sponsor’s sole discretion, it may endeavor in special circumstances, to make reasonable accommodations for virtual participation; provided, however, that the Sponsor shall not be required to do so, and shall not be responsible for technical failures of any kind that interrupt a Finalist’s ability to participate virtually.

 

All decisions of the Sponsor and the judges with respect to the Finalists and the Winner, and all other matters pertaining to the Competition are final and binding and cannot be appealed or challenged.  Finalists may be subject to a criminal background check to confirm eligibility and to help ensure that the awarding of a Prize to such person will not bring the Sponsor into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Competition as determined by Sponsor in its sole discretion. By entering the Competition, Entrants consent and agree to such background check and to sign a consent/release for same if requested to do so by the Sponsor.  

 

5. PRIZE.  The Winner will receive a wire-transfer of $75,000 in non-dilutive capital (the “Prize”) that must be used to support the business.  By entering the Competition, each Entrant agrees that, if she is chosen as the Winner, she will execute an award letter (the “Award Letter”), and understands that the receipt of the Prize is conditioned upon her execution of such Award Letter.   The Prize is non-transferable and no cash or other Prize substitution is permitted except at Sponsor’s discretion. The Winner is responsible for all applicable federal, state, and local taxes and any other costs, expenses, or fees associated with Prize acceptance and/or use not specified herein as being provided.  The Winner may be issued a 1099 tax form for the actual value of the Prize.  Failure to comply with any of the Official Rules may result in Prize forfeiture. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the Prize, regarding the use, value or enjoyment of the Prize. 

 

6. MODIFICATIONS TO COMPETITION OR OFFICIAL RULES:  All applicable federal, state, territory, provincial and local laws and regulations apply.  The Sponsor reserves the right to modify or cancel the Competition at any time in its sole discretion, including but not limited to comply with any laws, regulations and/or recommendations issued by federal, state, or local governments, the Center for Disease Control, the World Health Organization, the U.S. State Department, or any other government or administrative agency.  Modifications may include, among other things, conducting the Event Finals virtually, cancelling the Competition altogether, or disqualifying Entrants residing in the affected geographic areas.  The Released Parties (as hereinafter defined) shall have no liability to any Entrants who are impacted by any such action.  The Sponsor may require that Finalists and other attendees agree to certain health and safety precautions in order to participate in the Event Finals or any other in-person programming, including but not limited to wearing certain Personal Protective Equipment, having body temperature checked, and maintaining social distancing, among other health and safety measures.

Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision.  All decisions regarding the Official Rules, procedures, and processes are at the sole discretion of the Sponsor.  If the Competition is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Competition, the Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Competition.

 

7. OWNERSHIP AND LICENSE / PRESS ANNOUNCEMENTS. By entering a Submission, Entrant gives permission (and warrants and represents that he/she has obtained all rights necessary to give such permission) to Sponsor to use the Submission in accordance with the requirements of this Competition and, otherwise, as stated in these Official Rules (as solely determined by Sponsor). 

 

Entrant further warrants and represents: (a) that his/her entry does not violate any law or regulation; (b) that his/her entry does not violate or infringe any right of any third party, including but not limited to intellectual property rights, such as but not limited to, rights of copyright, trademark or patent, or rights of publicity and/or privacy, and is not defamatory, slanderous or libelous or portray any person in a false light; (c) that the entry is Entrant’s own original work and that she owns or controls all right, title and interest in the entry, including but not limited to its copyright, or that Entrant has permission from such owner to submit such entry; (d); that the Submission does not contain any viruses, bugs, or other deleterious material; (e) that the Entrant has followed these Official Rules; and (f), Entrant has obtained the consent of all identifiable persons (or their parent or legal guardian in the case of minors) included in the Submission for use in this Competition. 

 

No portion of the Submission may contain, among other things, the trademark, trade name or logo of any third party, and cannot contain any material that is protected by copyright (unless, in any such case, Entrant has permission from the owner thereof).  Entering a Submission that is copyrighted by another individual will make you responsible for any legal action the legal copyright holder might take against you, and for indemnifying and defending any of the Authorized Parties (as hereinafter defined), their successors, assigns and licensees from and holding them harmless against any claims asserted by third parties, which arise, directly or indirectly, out of, or any use or the ownership of, the Submission or the exercise of any other rights conferred under or arising out of this Competition, your Submission or these Official Rules.

 

Submissions will not be acknowledged or returned. By entering the Competition, all Entrants grant an irrevocable, perpetual, worldwide, royalty free, non-exclusive license to Sponsor, and each of their successors, assigns, and licensees (“Authorized Parties”) to use, reproduce, distribute, edit, display and create derivative works of the Submission without compensation for commercial or non-commercial uses in any goods, services, or media now or hereafter known; provided, however, that, unless Sponsor has obtained Entrant’s prior written consent, such unrestricted use shall not include use of Entrant’s business plan or other trade secrets and business information that Entrant marks as “Confidential.”  Entrant consents to the Authorized Parties doing or omitting to do any act that would otherwise infringe the Entrant’s “moral rights” in her Submission. Entrant further agrees that she will not enforce any rights she may retain as a matter of law with respect to the “moral rights” in the Submission. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with use by Authorized Parties. 

 

By entering, each Entrant grants to Authorized Parties the unrestricted right to use 

Entrant’s name, photograph, likeness, image, statements, biographical information, voice, voice likeness, city and state address, and any other information contained in Entrant’s Submission, in whole or in part, including Entrant’s business name and logo for publicity and promotional purposes in all media, including but not limited to within Sponsor’s website, in perpetuity, without compensation (unless prohibited by law) and without notice, review or approval and agrees to execute specific consent to such use upon request; provided, however, that, unless Sponsor has obtained Entrant’s prior written consent, such unrestricted use shall not include use of Entrant’s business plan or other trade secrets and business information that Entrant marks as “Confidential.”

Without limiting the foregoing, Entrant shall not use the Sponsor’s name or any other trademarks or logos of the Authorized Parties without prior written approval of such Authorized Parties, which such authorization may be terminated at the sole discretion of the Authorized Parties at any time.

The Sponsor will coordinate all press announcements regarding the Competition and will provide Entrant with as much advance notice of such announcements as possible.  The Sponsor may refuse any media opportunity in its sole discretion.  Entrant agrees not to make any public announcement or promote or publish any information regarding the Competition, including but not limited to sharing or otherwise disclosing any written information, photographs, or images associated with the Competition, in any media, including all social media platforms, without prior written approval of the Sponsor, which such authorization may be terminated at the sole discretion of the Sponsor at any time.

 

8. ​DISQUALIFICATION. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or any website related to the Competition, acting in violation of the Official Rules, or the letter or spirit of the Competition, or acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any Potential Winner may be required to provide the Sponsor with proof that the Potential Winner is the authorized account holder of the email account associated with the potentially winning entry.  Sponsor may prosecute any fraudulent activities to the full extent of the law.  All federal, state and local laws and regulations apply.

 

9. RELEASE. Entrant agrees to release and hold harmless and forever discharge Sponsor, Authorized Parties, and their respective parents, wholly and partially owned subsidiaries, affiliates, officers, directors, employees, contractors, and representatives (“Released Parties”) from all causes of actions, liabilities, damages, suits, debts, claims, and demands of any kind whatsoever (including attorney’s fees and expenses) arising from, or in any way related to this Competition, including, but not limited to any claims or causes of actions for injuries that Entrant may sustain as a result of Entrant’s participation in the Competition or receipt or use or misuse of any prize, or for any typographical, printing, or other inadvertent errors in the Official Rules.  Except where prohibited, acceptance of the Prize constitutes a release by any Winner of the Sponsor of any and all claims in connection with the administration of this Competition and the use, misuse, or possession of the Winner’s Submission or any prize.

 

10. LIMITATIONS OF LIABILITY. Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing, typographical, or other errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Competition process; (4) printing, typographical, technical, computer, network, or human error which may occur in the administration of the Competition, the uploading or processing of photos or videos, or the notification or announcement of the Finalists or the Winner; or (5) late, lost, undeliverable, damaged, or stolen mail.  Released Parties are not responsible for illegible, misdirected, or undeliverable Submissions, photos or videos or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submissions, photos or videos.  Any and all disputes, claims, and causes of action arising out of or in connection with this Competition, shall be resolved individually, without resort to any form of class action. Any claim or cause of action arising out of or related to this Competition or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be barred. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS COMPETITION. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY'S/LEGAL FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPETITION WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE COMPETITION. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S/LEGAL FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. 

 

11. DISPUTES. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to any choice of law or conflict of law rules.

 

12. ORGANIZER. Culture Shift Labs, LLC, 16 Clubhouse Rd, Hamburg, NJ 07419 in partnership with CommonSpirit Health, CommonSpirit Health, 444 W. Lake Street, Ste. 2500, Chicago, IL 60606-0097.

 

13. QUESTIONS/COMMENTS. Send an email to liz@cultureshiftlabs.com with any questions or comments regarding the Competition.

14. WINNER’S NAMES. The Winner’s name may be posted on https://www.linkedin.com/company/culture-shift-labs/ on or about December 17, 2021.