Project Pup Bowl Rules
These Project Rules govern the Project and set forth the terms and conditions between you and CertifiKID. Details about the Project are available at www.certifikid.com/pages/projectpupbowl (the "Project Website").
Any information you provide to CertifiKID and its sponsors may be posted on the Project Website.
All Application information and any additional information you provide will be used by CertifiKID and its sponsors and may also be disclosed to the public (including by posting on the Project Website) in connection with the Project and will not be held in confidence. Do not include any confidential, proprietary, competitive or trade secret information you wish to keep confidential. Content will not be kept confidential even if you designate it as confidential in your Application.
CertifiKID and its sole discretion retains the right to determine eligibility of the Funding Recipients and reserve the right to disqualify an Application at any time for any reason. All content that has been posted on the Project Website referencing or related to a small business that is later deemed ineligible, may be promptly removed from the Project Website without prior notice. All decisions by CertifiKID are final, binding and conclusive.
The Funding Recipients and Documentation
If you have submitted an Application, it will be reviewed by CertifiKID and its sponsors or their representatives. CertifiKID shall then on a case by case basis determine if it is willing to allow you to make a presentation to the Pup Tank. You may thereafter be offered a Funding in the sole discretion of CertifiKID. If you are offered a Funding, you will be provided a Funding Agreement, which will contain affidavits of eligibility and compliance with these Project Rules, among other things (as described below in Funding Agreement Terms), will be delivered and must be agreed to and signed by the potential Funding Recipient and returned to CertifiKID (or its designee) within ten (10) business days as a condition to receiving the Funding.
Disclaimer of Warranties you Expressly Understand and Agree that:
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROJECT, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CERTIFIKID OR ITS SPONSORS’ TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT TO A MAXIMUM OF ONE THOUSAND DOLLARS ($1,000.00) REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.
You agree to indemnify, defend, and hold harmless CertifiKID and its sponsors, employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur as a result of (i) any failure by you or any employee, agent or you of you to comply with the terms of this Agreement; (ii) any warranty or representation made by you being false or misleading; (iii) any representation or warranty made by you or any employee or agent of You to any third person other than as specifically authorized by this Agreement, (iv) negligence of you or your subcontractors, agents or employees, or (v) any alleged or actual violations by you or your subcontractors, employees or agents of any card association rules, governmental laws, regulations or rules.
CertifiKID reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Project (or any part thereof) with or without notice. You agree that CertifiKID shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Project.
THE PROJECT MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND IS PROVIDED "AS IS" "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SPONSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS IT RELATES TO THE PROJECT. THE ENTIRE RISK AS IT RELATES TO THE PROJECT IS ASSUMED BY APPLICANT.
Release: You release CertifiKID, its sponsors, and each of their respective parents, affiliates, subsidiaries, officers, directors, agents, employees, service providers, and all others associated with the development and execution of the Project, from any and all liability with respect to, or in any way arising from, the Project, including, but not limited to, any suspension, modification or cancellation of the Project, content received or posted, and/or acceptance or use of the Funding, including liability for personal injury, death, damages or loss.
Governing Law and Disputes
Except where prohibited, you agree that all issues and questions concerning these Project Rules and the Project shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules.
You and CertifiKID and each of CertifiKID’s sponsors waive all rights to trial in any action or proceeding instituted in connection with the Project (including any activity related thereto). Any controversy or claim arising out of or relating to the Project shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL YOU HAVE THE RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, ADVERTISING, PROMOTION, DISTRIBUTION OR EXPLOITATION OF THE PROJECT OR THE USE BY THE SPONSORS OF ANY OF THE CONTENT AS PERMITTED HEREUNDER.
Nature of Relationship
Nothing in these Project Rules or any other agreement with you shall be deemed to create an employment or agency relationship with CertifiKID or its sponsors. You agree that it shall not look to CertifiKID or its sponsors for any compensation or other benefits, except as specifically set forth in the Project Rules. You acknowledge and agree that the relationship between you and CertifiKID and its sponsors and any of their designees is not a confidential, fiduciary, or other special relationship, and that your decision to provide your content to CertifiKID and its sponsors for the purposes of this Project does not place either CertifiKID or its sponsors in a position that is any different from the position held by members of the general public with regard to elements of your content.
Submission of your Application to participate in the Project constitutes your full and unconditional agreement to the Project Rules as well as CertifiKID’s decisions, which are final and binding in all matters related to this Project. Receipt of the Funding is contingent upon fulfilling all requirements.
These Project Rules create no liability or obligation on the part of CertifiKID or its sponsors or or you. No party will have any obligation to consummate the transactions contemplated by these Project Rules unless and until definitive agreements concerning the proposed transaction are executed by all parties and the conditions set forth in the definitive agreement are satisfied.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions. No provision of this Agreement shall be construed against any party merely because that party or counsel drafted or revised the provision in question. All parties have been advised and have had an opportunity to consult with legal counsel of their choosing regarding the force and effect of the terms set forth herein. This Agreement shall be deemed to be jointly prepared by the parties and therefore any ambiguity or uncertainty shall be interpreted accordingly. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. You may not assign this Agreement without the written consent of Sponsors. Sponsors may assign this Agreement in its sole discretion without the written consent of you. The section headings contained in this Agreement are for convenient reference only, and shall not in any way affect the meaning or interpretation of this Agreement. This Agreement, including all schedules, exhibits and attachments thereto, sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. This Agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement.
After reviewing these rules, please return to the Project Pup Bowl Website in order to submit your application form.