These terms and conditions (“Terms and Conditions”) apply to the “99designs by Vista Bay Area Community Fund” program ("Program") organised by 99designs Pty Ltd, located at Level 2/41-43 Stewart St, Richmond VIC 3121, Australia and its Affiliates (“Organizer”). By participating, Participants ("Participant(s)/you") agree to be bound by these Terms and Conditions. Organizer understands that small businesses have spent much of the past 2 years coping with extraordinary circumstances. Design plays a key role for owners to promote their small businesses. In order to help them to adapt, survive, and grow, Organizer has created this Program. No purchase is necessary to enter or win, however Participants must be based in the San Francisco Bay Area (Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma) and will need internet access and a valid email account to be able to participate.
1.1 - All small businesses and individuals based in the San Francisco Bay Area, which for the purposes of this Program include the counties Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma.
1.2 - BIPOC, LGBQT, and minority-owned small businesses and individuals based in the San Francisco Bay Area.
1.3 - Employees, officers and directors of the Organizer or its respective parent, affiliated and subsidiary companies and employees of agencies acting on behalf of the Organizer or were involved in the creation, processing or within the Jury are not eligible to participate.2. PROGRAM PERIOD
2.1 - The Program begins on August 1, 2021 and ends when the fund allocations are depleted ("Program Period"). All electronic entry forms that are sent after the Program Period has ended as stipulated on the Application Form will not be considered for the Program. The electronically recorded receipt of the corresponding data record is used for checking and meeting deadlines. Participation by post is excluded.
2.2 - Organizer reserves the right, in its sole discretion, to cancel, suspend, amend or extend the Program at any time without notice.
2.3 - Selection for participation in the Program will be announced on a case-by-case basis. 3. REQUIREMENTS FOR PARTICIPATION
3.1 - To enter the Program, Participants may access the Program website located at https://www.99designs.com/bayarea
, complete and submit their online application and contact details. Participants may be asked to send further information and explanations by email or telephone. The term "Content" shall mean all content submitted and communicated by the Participants as part of the Program including, but not limited to, information such as logos, trademarks, photos, graphics, videos, texts, comments or information about places and people.
3.2 - Each Participant´s selection into the Program depends on the quality and eligibility of the application and how many Participants submit an application to the Program.
3.5 - Recipients (as defined below) agree that their first and last names as well as the name of the business in connection with the Program, its handling or the presentation of the Participants may be published by the Organizer in online and offline media.4. AWARDS
4.2 - Participants may select to engage with 99designs by Vista in marketing and distribution of their content on 99designs by Vista channels. Consent does not have to be agreed upon in order to be eligible to participate in the Program.
4.3 - The Awards will be allocated to the respective approved applicants selected from the Participants by the Organize's Jury (“Recipients”).
4.4 - The Awards are non-transferable and cannot be exchanged for any cash alternatives in whole or in part. Organizer reserves the right to provide a substitute Award of similar value.
4.5 - The Awards are non-transferable and cannot be exchanged for any cash alternatives in whole or in part. Organizer reserves the right to provide a substitute Award of similar value.5. SELECTION AND NOTIFICATION OF APPROVED APPLICANTS
5.1 - All applications will be reviewed and selected by the 99designs by Vista team. The team makes subjective decisions based on their professional assessment of several factors including, but not limited to:
a. Eligibility as detailed in “ELIGIBILITY”, particularly in relation to the location of the business or individual;
b. Inspiring and unique stories from passionate small businesses and individuals in need;
c. How they could benefit from the Program; and
d. The compelling story that small businesses or individuals have to tell.
5.2 - Chance plays no part in determining any Recipients.
5.3 - For the selection of Recipients, 99designs by Vista can obtain further information from Participants without this giving rise to a claim to the Award.
5.4 - The decision of the Jury is final and binding and no correspondence will be entered into.
5.5 - If a Participant has been chosen as a Recipient, such Recipient will be promptly informed of winning the respective Award via one of the contact channels provided and can be asked for confirmations on their entry and eligibility as well as additional information
5.6 - If a Recipient does not meet all eligibility requirements, has not complied with these Terms and Conditions, cannot be contacted, does not respond within seven (7) days from the date Organizer first tries to notify such Recipient, and/or the Grant notification is returned as undeliverable, such Recipient forfeits all rights to claim or receive their respective Award and an alternate Recipient will be selected using the methods described above.
5.7 - Acceptance of the respective Award constitutes permission for the Organizer and its Affiliates to use, republish, edit, distribute, make publically available, broadcast and/or reproduce the winner's Content for advertising and promotional purposes worldwide in any media without limitation and without additional compensation unless prohibited by law. With respect to Creative Support, freelance designers who create the design work will have the right to showcase the applicable work in their portfolios.6. RULES OF CONDUCT AND RESPONSIBILITY FOR CONTENT
6.1 - The Organizer is not responsible for the behavior or the Content published by the Participants in the context of the Program and does not adopt this as its own. Furthermore, the Organizer is not obliged to check such behavior or publications, but reserves the right to reverse their publication if there are concrete indications that the Content violates legal requirements, official prohibitions, third-party rights or morality.
6.2 - The Participants must ensure that they are entitled to the necessary rights of use for the Content and that their duplication, making available to the public or editing of the Content by the Organizer and its Affiliates does not violate legal regulations, morality and / or the rights of third parties.
6.3 - In particular if other people can be recognized in addition to the Participants in photos or videos, submitting them is only permitted if the third party has given their consent and the personal rights of third parties are not violated.
6.4 - If claims are made against the Organizer because of inadmissible Content or other legal violations for which the Participant is responsible, the Participant releases the Organizer upon first request and supports the Organizer in defending against the claims. The exemption includes the necessary legal costs.7. LIMITATION OF LIABILITY
7.1 - The Organizer accepts no responsibility for entries that are lost, late, illegible, misdirected, or incomplete.
7.2 - Organizer excludes liability to the fullest extent permitted by law for any losses, damages or injuries caused to the Recipient, Participants and/or third parties arising out of the Program, Awards or usage thereof.
7.3 - By entering the Program, each Participant agrees to release, defend and hold harmless the Organizer, its Affiliates, and its and their respective parents, shareholders, directors, officers, employees, representatives, agents, affiliates, subsidiaries, and legal advisors (“Program Entities”), against any and all claims, losses, rights, liabilities and damages, and actions of any kind arising out of their participation in the Program and/or the acceptance and use of any Award. The foregoing release includes, but is not limited to, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Under no circumstances shall any of the Program Entities have any liability or responsibility for: (1) incorrect or inaccurate entry information, or faulty, failed, garbled or jumbled electronic data transmissions; (2) any unauthorized access to or theft, destruction or alteration of entries at any point; (3) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, satellites, servers, computers or providers utilized in any aspect of the Program; (4) inaccessibility or unavailability of the Internet or a Program site or any combination thereof; (5) any injury or damage to a Participant's or to any other person's computer, tablet, mobile device or other electronic device that may be related to or result from any attempt to participate in the Program or download any materials in the Program; or (6) any typographical error or other error in these Terms and Conditions or in any other communication relating to the Program.8. MISCELLANEOUS
Should any of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining Terms and Conditions.