BY REGISTERING TO PARTICIPATE IN THE AMERICA’S GOT ACCESS, A START-UP COMPETITION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND MEET ALL QUALIFICATIONS FOR PARTICIPATION IN THE COMPETITION. IF YOU DO NOT AGREE TO, OR QUALIFIY WITH RESPECT TO ANY OF THE TERMS, DO NOT ACCESS REGISTER.
If you accept or agree to the Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM
The following words have the following meanings:
Money20/20: Ascential Inc. with registered address at 251 Little Falls Drive, Wilmington, New Castle County, Delaware DE 19808, United States;
Commerce Ventures: Commerce Ventures Management, LLC with a principal place of business at 604 Mission Street, Unit 600, San Francisco, CA 94105
Organisers: Money20/20 and its co-organiser Commerce Ventures and any third party co-sponsor (“Organizers”, “we”, “us, “our”).
America’s Got Access, a start-up competition (the ‘Competition’) will be held on Sunday, 23 October 2022 at Money20/20 Las Vegas, in the format of an investment forum, in which a maximum of ten (10) finalist companies who will be selected by Commerce Ventures and Money20/20 from among the applications submitted (the ‘Finalists’), will present their company according to the rules stipulated in these terms (the ‘Terms), before the judging panel. The judging panel, in accordance with a scoring system whose guidelines are indicated in the Terms (the ‘Scoring System’), will score each of the companies, finally awarding a prize, which is identified in the Terms, to the winning startups(s) (the ‘Winner(s)’).
America’s Got Access is designed for the participation of incorporated companies (the ‘Entrant’) that meet the following criteria: They must be a legal entity duly organized, validly existing and in good standing under the laws of any of the United States. We do not accept applications from entities organized outside of the United States.
Commerce Ventures will present the Winner(s) an ‘uncapped’ SAFE Note for the investment amount of USD100,000 conditional upon:
The Organisers cannot guarantee the confidentiality of the Entry submitted by the Entrant; the organisers may disseminate, at any time and by any means, the general characteristics of the same, as well as the names of said ideas and/or projects and of the Entrant and, in particular, of the Winner(s). You hereby consent to the use of information you submit as part of your application and Entry for said purposes.
The Entrants and, in particular, the Winner(s) expressly authorise the Organisers, by itself or through third parties, without territorial or time limit, with the acceptance of these rules, to publish, reproduce, disseminate and use by all written, spoken and signed media, in any form by any means and on any support, their name, image and voice, and the general characteristics and name of the or Entrants presented, respecting in all cases the provisions of the Intellectual Property and Confidentiality sections of this document, provided that the purposes are advertising, informative and/or promotional in relation to the Competition or the Organisers in any of its editions, formats, venues and locations without the right to any consideration whatsoever.
Money20/20 reserve the right to modify these rules at any time, including the prize, the number of prize(s) and/or Winner(s) the judging panel and/or the Competition's cancellation before the foreseen date of resolution of the prizes and the awarding of prize the Winner(s).
The Organisers shall not be liable for any damage, loss, injury or disappointment suffered by any Entrant. Other than for death or personal injury arising from its gross negligence or for fraud, the Organisers exclude and disclaim to the fullest extent permitted by law all liability for any losses, damages, costs and expenses, whether direct or indirect, howsoever caused in connection with the Competition, or any aspect of the event, including any liability of any kind in connection with the exploitation, advertising and/or promotion of your entry, as permitted by these Terms.
In the event of a dispute arising under or relating to these Terms and Conditions, or the Competition (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 14 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, the Organizers will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules and the Entrant and the Organiser, expressly waiving any other jurisdiction, submit to the Courts of federal courts located in the City of New York, Borough of Manhattan, New York.