TME x Shopify Mother's Mercado 2019 - Official Rules
Application fee of $150 is required for contest submission. Payment does not guarantee your spot to participate in the contest. Application fee is non-refundable and all funds will go to The Mom Economy (501c3).
Open to eligible residents of the 48 contiguous continental United States and District of Columbia who, as of the time of entry, are at least 21 years old.
Void in Hawaii, Alaska, Puerto Rico, all jurisdictions other than those stated above, and where prohibited or restricted by law.
The Mom Economy (“Sponsor”) and Shopify (“Shopify”) are looking for innovative mother-owned ecommerce businesses (as defined below). Subject to these official rules (“Official Rules”), One (1) winner with the highest score will be awarded (i) sublease in Shopify’s retail space within SHOWFIELDS for May 11-31st 2019, (ii) Shopify will provide design consultation and support on experience buildout, as well as staffing.
SPONSOR. The Mom Economy (“Sponsor”) 18495 S Dixie HWY #347 Miami, Fl 33157
TME x Shopify Mother's Mercado 2019 (“Contest”) is open only to (i) individuals who are twenty one (21) years of age or older at the time of entry and residents of the 48 contiguous continental United States and District of Columbia and (ii) teams of individuals who satisfy the requirements described in subsection (i). Void in Hawaii, Alaska, Puerto Rico, all jurisdictions other than those stated above, and where prohibited or restricted by law. Individuals and officers, directors, representatives, agents, and employees of Sponsor, Shopify, and their corporate parents, subsidiaries, affiliates, advertising and promotion agencies, and any other entity involved in the development or administration of this Contest (Sponsor and Shopify, collectively with the foregoing, the “Contest Parties”) and members of their immediate families (i.e. spouses, parents, children, siblings, and “steps” of each) and all those persons living in the same household of each, whether or not related, are not eligible to enter or win the Contest. All applicable laws and regulations apply.
By participating in the Contest, Entrants agree to be bound by these Official Rules and by the decisions of Sponsor and any Contest officials appointed by the Sponsor in all matters relating to the Contest.
For the purposes of these Official Rules, an “Entrant”, “Finalist”, or “Winner” refers to the particular individual or individuals composing a team as listed in a Contest registration form (“Entry Form”). The individual appointed to lead a team as listed on the Entry Form is the “Mother Owner”.
If Entrant is submitting information for an existing ecommerce business, the business must be mother-owned (minimum 50%), U.S.A. founded + operated in at the time of application (Unfortunately, international entries are not accepted at this time), the applicant is 21 years or older at time of application, must not have a retail lease under the business entity and revenue cannot exceed $1 Million.
By participating in the Contest, each Entrant (including all members of an Entrant, if a team) represents and warrants that such Entrant, is not and will not, be (i) listed on any U.S. Government list of prohibited or restricted parties and (ii) subject to any conflicting obligations that may restrict Entrant’s participation in the Contest, use of Entrant’s submissions by Sponsor, judges, or other parties as contemplated herein, Entrant’s fulfillment of obligations set forth in these Official Rules, the rights granted by Entrant to Sponsor and Shopify in these Official Rules, or the mentorship or publicity opportunities to be provided by Sponsor and Shopify if Entrant is selected as a Winner. Any Entrant who is currently employed at an existing business (including all business founders and U.S. government employees) represents and warrants that he or she has obtained all necessary approvals needed to participate in the Contest.
Entrant (or at least one member of an Entrant, if a team) selected as a potential Finalist must be available to attend live at TME x Shopify Mother's Mercado 2019 in New York City, in order to be eligible to win. Details of Mother's Mercado are available at themomeconomy.com Event date, time, and location are subject to change. The Contest Parties assume no responsibility for cancellation or postponement of Mother’s Mercado.
Mother’s Mercado Event Details:
Date: Friday, May 3rd + Saturday, May 4th
Location: SHOWFIELDS 11 Bond St. New York, NY 10012 (SOHO)
Day One: Friday, May 3rd
Event Load-in: Run of Show:
Welcome from The Mom Economy + Shopify
- Introduction to the team
- Each finalist will have a time frame to set-up their 1-day pop-up shop
Day Two: Saturday, May 4th
Event Run of Show:
Media and Influencer pre-opening from 8AM-10AM
Mercado opens 10AM-5PM
20% of all the Merchants net sales (before tax) will be collected by The Mom Economy.
Winner will be announced via social media
Winner Announcement: The Mom Economy Instagram Saturday, May 4th after 7PM
Each Entrant agrees that Entrant will refrain from acting in an unprofessional manner or committing any act or becoming involved in any situation (and Entrant represents and warrants that, prior to the Entry Period, Entrant has not acted in an unprofessional manner or committed any act, and has not been involved in any situation) that: (i) involves criminal misconduct or an act of moral turpitude; (ii) would subject Sponsor’s and/or Shopify’s endorsement of Entrant and publicizing of Entrant’s business idea or Startup to public disrepute, contempt, scandal or ridicule; or (iii) tends to shock, insult or offend the community at large, regardless of whether or not information relating to any such act becomes public or whether or not any civil or criminal proceedings are instituted or sanctions imposed, or any federal, state, or local investigative proceedings are instituted or commenced in connection with such act.
2. BUSINESS ENTRIES:
Businesses must consist of individuals who either (i) have a personal relationship with each other and would like to work together to cofound a business based on a business idea or (ii) are currently working together such individuals co-founded. (iii) Must be minimum of 50% Mother-owned on business articles of incorporation. Partnerships between representatives of more than one company, organization, or institution are not permitted. Each team Entrant must agree individually to, and comply with, these Official Rules. The failure of any individual in a business to comply in any manner with these Official Rules may, in Sponsor’s sole discretion, result in the disqualification of all of the team’s members from the Contest. By entering as a member of a team, each individual member of the team acknowledges and agrees that:
i. Any submissions made by a member of the team will be deemed to be made by the unanimous agreement of the entire team.
ii. Once a submission has been made on behalf of a team, the membership of the team may no longer be changed.
iii. Each member of the team is responsible for ensuring the compliance of the team with these Official Rules, including the compliance of any and all submissions made by any member of the team with these Official Rules regardless of which member creates or submits it. In the event of a dispute, the Mother Owner agrees to be responsible for the acts and omissions of the team.
iv. If a Merchant is selected to be a Finalist, the Lease agreement will be issued to the business entity.
3. ENTRY PERIOD:
The Entry period begins on March 8th at 9:00:00 am EST and ends on April 5th at 11:59:59 pm EST (“Entry Period”). Sponsor’s computer clock is the official timekeeping device of the Contest.
4. HOW TO ENTER:
$150 APPLICATION/ENTRY FEE, IS NECESSARY TO PARTICIPATE.
Step 1: Visit www.themomeconomy.com to complete the Entry Form.
Step 2: Submit all required information about your business addressing the outlined judging criteria set forth in Sections 5 and 6. The submission must include a 1-minute introduction video, pictures of the product or goods sold and required information.
Submissions must not: contain content that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights; disparage Sponsor or any other person or party affiliated with the promotion and administration of this Contest; contain personally identifiable information in any public post; contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion; or contain material that is unlawful in any jurisdiction where the entry is created.
You should be able to provide, within two (2) days of request by Sponsor or any judges selected by Sponsor, all appropriate clearances, permissions, and releases for the Contest submission materials to be made publicly available and used by Sponsor and Shopify in any media and for any purpose, including without limitation, signed releases from you and any applicable third parties. If you are unable to provide such documentation, you will be disqualified from the Contest.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements will be disqualified from the Contest.
Each individual is limited to a maximum of one (1) entry into this Contest, regardless of if the individual enters as an individual or a business. Only one (1) individual or team may enter per business. Sponsor reserves the right to disqualify any Entrants who claim to represent the same business in the event of a dispute.
You may not use multiple or fake email addresses; multiple accounts; accounts with fictitious identities; or any autoclicker program, system, macro, script, bot or other device or artifice to participate in the Contest. If you use any of the foregoing or Sponsor suspects you have used any of the foregoing, you will be disqualified from the Contest.
Entrant (or Mother Owner if Entrant is a team) must be the authorized account holder of the e-mail address used to enter the Contest. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a discrepancy between the identity of the authorized account holder, the “Finalist” or “Winner,” and the Entrant, Sponsor reserves the right, in its sole discretion, to disqualify the disputed entry and select an alternate potential Finalist or potential Winner (as applicable) based on the Entrant whose entry during the Entry Period earned the next highest score.
5. DETERMINATION AND NOTIFICATION OF FINALISTS:
A panel of Sponsor’s will judge the eligible entries received during the Entry Period to select potential Finalists. The potential Finalists will be the Entrants who submitted the eligible entry receiving the highest score based on the following criteria:
- originality and creativity (30%);
- growth and retail potential (25%);
- capacity to solve or support for the needs and interests of women as consumers (25%);
- community engagement and social media presence (20%)
In the event of a tie, a Sponsor employee not previously involved in the judging will determine the winner of the tied entries based on the same criteria.
Sponsor will notify the potential Finalists in April 2019 by message sent to the e-mail account registered by each Finalist in the Entry Form.
Subject to verification (as further described below), each Finalist will need to cover their travel costs and accommodations to travel to New York City, New York to attend and participate in Mother’s Mercado.
6. DETERMINATION AND NOTIFICATION OF WINNERS:
An advisory board made up of three (3) executives will judge the Finalists’ at The Mother's Mercado to select the Winner. The Winner will be the Entrants who has received the highest score based on the following weighted criteria:
-Highest dollar amount in sales rung out through chip reader (and through online sales on the TME website) (50%)
-Attendees and community brought to the event (20%)
-Social media engagement (30%)
In the event of a tie, a Sponsor and/or Shopify employee not previously involved in the judging will determine the winner of the tied entries based on the same criteria.
Sponsor will announce the potential Winners on May 4th, 2019 (“Winner Announcement Date”) via @TheMomEconomy Social Media channels.
The potential Winners’ right to receive the prize is subject to verification of eligibility, including verification of age and residency. As a condition of receiving the prize, the potential Winner must also (i) provide Sponsor with a valid postal mailing address to facilitate delivery of the prize and (ii) sign and return any documents requested by Sponsor.
If a potential Winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first Winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to provide his or her postal address to Sponsor for prize delivery purposes, or (iv) fails to sign and return any documents requested by Sponsor, the potential Winner will be disqualified and forfeit all interest in the prize, the next highest scoring eligible Entrant will be declared a potential Winner. When the final Winner is determined, the prizes will be awarded to the final Winner in accordance with their scores.
The prize will be awarded to the business entity that is controlled by the Winner and that is organized or incorporated for the purposes of pursuing the business plan submitted by the Winner. If the business entity has not been organized or incorporated, then the prize will be awarded to the Winner (if Entrant is an individual) or the Mother Owner of the Winner (if Entrant is a team).
A total of (1) prize will be awarded:
Shopify to provide the Grand Prize Valued at: $10,000
One (1) Winner with the highest score will be awarded (i) May 2019 sublease in Shopify’s retail space within SHOWFIELDS, (ii) Design consultation and support on experience buildout. Winner is subject to Showfields' written approval.
In addition, Sponsor will facilitate workshop and mentoring opportunities with all Finalists. The exact times, dates, duration, and content will be determined by Sponsor in its sole discretion. The mentoring opportunities have no cash value.
Sponsor will also publicize the winning businesses on Sponsor’s on social media channels and provide other publicity opportunities as determined in the sole discretion of Sponsor. Shopify will also provide publicity opportunities for Winners as determined in the sole discretion of Shopify. The publicity opportunities have no cash value.
The total approximate retail value of all prizes, is $10,000 Limit one (1) prize per Entrant.
All prizes are non-transferable and no cash redemption or prize substitution is permitted, except at the sole discretion of the Sponsor. If any prize cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize, in whole or in part, with one of or greater value.
The Winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of the prizes.
All costs and expenses associated with the prize acceptance and use not specifically provided in these Official Rules are the responsibility of each Finalist or Winner, as applicable.
Finalists and Winners acknowledge that Shopify is solely responsible for fulfilling the prizes.
8. RIGHT TO USE YOUR NAME, LIKENESS, BIOGRAPHICAL INFORMATION, AND ENTRY MATERIALS:
Except where prohibited by law, by entering the Contest, you grant the Sponsor, Shopify, and their affiliates, successors and assigns, and others that Sponsor and/or Shopify may designate from time to time, the unconditional right, license and permission to use, publish, and broadcast your name, likeness, biographical information, and Contest submission materials (including without limitation, all photo, video, and text content included your submission) worldwide, in any manner of media whatsoever now known or hereafter devised, in perpetuity, on a royalty-free basis, without further compensation or approval, to administer and promote the Contest and for any other commercial, promotional, advertising, publicity, trade, or other lawful purpose. Such permission includes, in particular but without limitation, use of your name, likeness, biographical information and entry materials to tell the story about your business idea or Startup on websites, on social media, and in databases, blogs, mailers, emails, videos, multi-media works, advertisements, promotions, press releases and other publicity materials, products, services or offerings, in connection with the Contest or Sponsor’s and/or Shopify’s business(es). You agree to promptly execute and return to Sponsor any confirmation, license, verification or other document or instrument Sponsor requests to confirm, further formalize or perfect the rights granted in this paragraph, or any other rights or interests of Sponsor and Shopify under these Official Rules. You hereby unconditionally and irrevocably waive all, and the enforcement of all, moral rights that you may have, if any, in your Contest submission materials.
9. LIMITATIONS OF LIABILITY OF CONTEST PARTIES:
The Contest Parties assume no liability and are not responsible for, and by entering the Contest you hereby waive and release the Contest Parties from, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Contest and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission or capture of Winner notifications, prize claims or other information or communications relating to the Contest, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, Finalist notifications, Winner notifications, or other announcements or communications relating to the Contest. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only five (5) Stipends and three (3) prizes. In no event will more than the stated number of prizes be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor may prohibit an Entrant from participating in the Contest or winning a Stipend or prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or any Contest Parties.
10. SPONSOR’S RESERVATION OF RIGHTS.
If the Contest is not capable of running as planned for any reason, including without limitation, due to a force majeure event or 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 the Contest, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Contest. In the event of cancellation, Sponsor reserves the right to select eligible, non-suspect Entrants as the potential Finalists and potential Winners based on the eligible entries that earned the next highest score from the judges. All Contest materials are subject to verification and are void if (a) not obtained through legitimate channels in accordance with these Official Rules, (b) any part is counterfeited, altered, illegible, reproduced, tampered with or otherwise irregular, (c) obtained where prohibited, or (d) they contain printing, typographical, mechanical or other errors.
11. GOVERNING LAW AND ARBITRATION:
THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE CONTEST SHALL BE IN MIAMI, FLORIDA.
ANY CLAIMS AGAINST THE CONTEST PARTIES RELATING IN ANY WAY TO THE CONTEST THAT ARE NOT RESOLVED INFORMALLY THROUGH DIRECT DISCUSSIONS SHALL BE RESOLVED INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND CONTEST PARTIES ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORSED CLASS ACTION OR REPRESENTATIVE PROCEEDING. All claims arising out of or relating to the Contest or any prize awarded pursuant to these Official Rules shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect. Any arbitration involving the Contest Parties shall be heard by one arbitrator to be selected in accordance with the AAA Rules, in Miami, Florida. Unless both Entrant and the applicable Contest Parties involved the applicable dispute agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of class or representative proceeding. Judgment upon any award rendered may be entered in any court having jurisdiction thereof, and any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorney’s fees or costs of bringing a claim, or any injunctive or other equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY. Notwithstanding the foregoing, you and the Contest Parties each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
13. WINNERS LIST:
For the names of the Winners, please check themomeconomy.com where winners will be announced no later than sixty (30) days after the end of the Entry Period.
14. NO WAIVER/SEVERABILITY/RIGHT TO MODIFY OR DISCONTINUE CONTEST:
Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Sponsor reserves the right to modify or discontinue the Contest and update these Official Rules at any time.