Grow Together Grant Official Rules
1. ELIGIBILITY: Dixie Belle Paint Company Grow Together Grant contest is open to all United States and Canada citizens. Entrants must be small business owners.
2. HOW TO ENTER: To enter, beginning February 1, 2021, submit a completed application on the Dixie Belle Paint Company website (DixieBellePaint.com) no later than March 15, 2021 at 11:59 pm Eastern Time.
Limit one (1) Application per person.
Application must include name and contact information, background details, and a short original, previously unpublished written response to the essay question.
Your written response must be written in English, with correct spelling and grammar.
No substitutions of new drafts or corrected pages will be accepted once you have submitted your original Application.
Written responses that are obscene, pornographic, libelous or otherwise objectionable will be disqualified.
All Applications become the property of the Sponsor and will not be returned.
Sponsor assumes no responsibility for lost, late, misdirected, or unintelligible Applications.
By submitting an Application, you fully and unconditionally accept and agree to these Official Rules and the decisions of the Sponsor, which are final and binding.
3. SELECTION OF SEMI-FINALIST: A qualified panel of judges will collaborate to narrow down the entries and identify five finalists on behalf of the Sponsor.
Finalists will be notified on or about April 1, 2021.
Sponsor is looking for eligible FINALISTS who follow directions and submit Applications that are well-written and clearly address the essay questions.
Answers will be evaluated in the following proportions: writing ability (25%), creativity (25%), originality (25%), and overall excellence (25%).
4. SELECTION OF POTENTIAL WINNER: The potential winner will be notified by email, at which time he/she will be required to sign further documentation as explained below. Sponsor shall have no liability for any potential winner notification that is lost, intercepted or not received by the potential winner for any reason.
5. PRIZES: Five awards will be issued in the amount of two thousand and twenty one dollars. Taxes on prizes are the sole responsibility of Prize Recipients. Prize Recipients will be issued 1099 tax forms.
6. PRIVACY: By submitting an Application, you acknowledge that Dixie Belle Paint Company may also call and/or send you information it thinks may be of interest to you.
7. PUBLICITY: Except where prohibited, by accepting a Prize, the Prize Recipients agree that Sponsor may, without any limitation or further compensation or notice, use his or her name, voice and/or likeness in any and all media, worldwide, for the purpose of advertising and promoting the Website, the Sponsor, the Program, or any other promotion, contest or sweepstakes sponsored by Dixie Belle Paint Company.
8. OWNERSHIP: By submitting an Application, you acknowledge and agree that:
(a) Sponsor will own your Application, including your written response submission and
(b) as between you and Sponsor, Sponsor will own all publishing rights in and to the Application, written response submission. Each Applicant hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights) in and to the Application and the written submission(s) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (the "Rights").
Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Application, written response submission(s) for any purpose which Sponsor deems necessary or desirable, and each Applicant irrevocably waives any and all so-called moral rights they may have in the Application, written response and video response submission(s) submitted by him or her. Each Applicant hereby acknowledges that such Applicant does not reserve any rights in and to the Application, written response and video response submissions.
9. DISPUTE RESOLUTION: Except where prohibited, by participating, Applicant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participants and Sponsor and their agents shall be governed by and construed exclusively in accordance with the laws of the state of Florida without giving effect to any principles of conflicts of law of any jurisdiction. Applicant agrees that any action at law or in equity arising out of or relating to this Program, or awarding of the prizes, shall be filed only in the state or federal courts located in the state of Florida and Applicant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action.
Except where prohibited, by participating in this Program, Applicant agrees that:
(a) any and all disputes, claims, and causes of action arising out of or connected with this Program, or awarding of the Prizes, shall be resolved individually, without resort to any form of class action; and
(b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Scholarship Program but in no event attorneys' fees; and
(c) under no circumstances will any participant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
10. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Program represents and warrants to Sponsor as follows:
(i) the Application, including the written response submission is the Applicant's own original, previously unpublished, and previously unproduced work;
(ii) the written response submission is wholly original with Applicant and as of the date of submission, is not the subject of any actual or threatened litigation or claim;
(iii) the written response submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity;
(iv) the written response submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each Applicant hereby agrees to indemnify and hold the Sponsor harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Applicant hereunder.
11. FURTHER DOCUMENTATION: Except where prohibited, potential Prize Recipients will be required to complete and return an Affidavit of Eligibility, Publicity/Liability Release, and Copyright Assignment within ten (10) days of notification or the Applicant with the Application with the next highest score will become an alternate potential Prize Recipient. If notification to a potential Prize Recipient is returned as undeliverable, the Applicant with the Application with the next highest score may become an alternate potential Prize Recipient.
12. NO OBLIGATION TO USE. Sponsor shall have no obligation (express or implied) to use any winning Application, or to otherwise exploit a winning Application or continue the development, production, distribution or exploitation thereof, and Sponsor may at any time abandon the use of the winning Application for any reason, with or without legal justification or excuse, and the Prize Recipients shall not be entitled to any damages or other relief by reason thereof.
13. IMPORTANT. PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Program, each Applicant acknowledges and agrees that the Sponsor, its related companies, affiliates, and each such company's respective employees, officers, directors and agents are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with:
(i) incomplete, lost, late, misdirected or illegible entries or for failure to receive Applications due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, or otherwise, that may limit an Applicant's ability to participate in the Program; or
(ii) any injury or damage resulting, directly or indirectly, in whole or in part, from participation in the Program and/or the use of any prize, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the Applicant's rights of publicity or privacy, or the Applicant's claim that he or she has somehow been defamed or portrayed in a false light. Sponsor assumes no responsibility for any damage to an Applicant's computer system which is occasioned by accessing the Website or participating in the Program, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. This program is subject to all U. S. federal, state and local laws and regulations. Void where prohibited.
14. SPONSOR'S RIGHT TO MODIFY, SUSPEND OR TERMINATE. In the event Sponsor is prevented from continuing with the Program by any event beyond its reasonable control, then Sponsor shall have the right in its sole discretion to modify, suspend, or terminate the Program.
15. GENERAL PROVISIONS. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the application process or the operation of the Program or the Website, to be acting in violation of these Official Rules, to be submitting responses dishonestly or inaccurately, or to be acting in an unsportsmanlike or disruptive manner. In the event of a dispute as to the identity of any entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. If an Application is confirmed by Sponsor to have been erroneously deleted, lost or destroyed, the entrant's sole remedy shall be another Application, if time permits. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that or of any other provision.
16. LIST OF PRIZE RECIPIENTS: The names of the Prize Recipients of this Program may be posted on the Dixie Belle Paint Co.'s Website and/or social media.
Dixie Belle Paint Company
8019 Ridge Road
Port Richey, FL 34668