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These Terms and Conditions apply for The Fourth Floor x UBS Fellowship (the “Fellowship”) conducted by The Fourth Floor and UBS Financial Services Inc. (“UBS”) (the “Organizers”).
The Fellowship entry period commences on Monday, August 1, 2022, at 12:00 AM Eastern Time and ends on Thursday, September 15, at 11:59:59 PM Eastern Time (the “Entry Period”).
HOW TO ENTER
To enter, log on to www.thefourthfloor.co (the “Fellowship Site”) during the Entry Period and click on Fellowship banners, buttons and/or links to access the online application form for the Fellowship (the“Application”). Applications will be accepted by online entry only. No other method of entry will be accepted. All entries must be received by the end of the Entry Period to be valid. Limit one (1) entry per person/email address/business.
Applicants complete, submit, and upload their Application, including a Deck, as directed on the Fellowship Site during the Entry Period. Applicants must fully complete and submit all data requested in the Application in order to be eligible. Decks must be uploaded as .pdf. All entries must include a valid email address for the applicant. Applicants must acknowledge their agreement to these Terms and Conditions by clicking in the relevant box to acknowledge such agreement. Applicants are solely responsible for Internet connectivity, software and/or hardware that may be required in order to create and/or submit their Application, including any document upload. Applications, including documents, that do not comply with these Terms and Conditions and/or are incomplete or inaccurate will be void, eliminated and not eligible for consideration.
By submitting an Application, the applicant represents that the materials submitted are original and have been created by the applicant and/or that all necessary rights have been secured and disclosed in the event they were developed by others.
Entrepreneurs: The Fellowship is open only to founders who meet the following criteria:
Male or Female Founder of a Qualifying Company
Identifies as part of the BIPOC community
A legal resident of the United States
21 years or older as of the application due date (September 1)
Proficient in English
A “Qualifying Company” is defined as either a pre-seed or seed company, from any industry, that is less than 10 years of operations, generating a minimum of $50,000 in revenue, is for profit, and which is formed under United States law and operating in the United States.
Board Candidates: The Fellowship is open only to individuals who meet the criteria for Board Candidate Membership at The Fourth Floor and have received a personal nomination from a participating BIPOC-led start-up, The Fourth Floor or UBS.
Employees of the Organizers, The Fourth Floor and UBS’s along with affiliate entities, and/or their respective vendors, and members of their respective households and immediate families (spouses, parents, siblings, children, and each of their respective spouses) are not eligible for the Program.
Applications become the sole property of the Organizers. Except where prohibited by law, your participation in the Fellowship constitutes your consent to the Organizers’ use of your name, likeness, and other entry information from your Application, other than your business plan, for any purpose in any media without further payment or consideration. Organizers do not claim nor accept responsibility for any privacy policies, practices, and/or procedures of third-party participants and contributors in the Fellowship.
HOW FELLOWS ARE DETERMINED
Eligible applications will be reviewed by a panel of 1-2 judges to be selected by the Organizations at their sole discretion, including members of The Fourth Floor staff. Up to fifty (50) fellows (“Fellows”) will be selected from among all eligible applicants based on the following criteria:
We will take into consideration multiple factors, including how your business creates a positive and lasting impact, what unique factors differentiate your business, what problems you are trying to solve for, how your business reflects your passion, the substance and quality of your deck, what obstacles you have overcome, and your investment opportunities.
On or about Friday, September 30, 2022, The Fourth Floor staff Judge or Judges will evaluate the Applicant’s applications and pick up to fifty (50) Fellows who identify as BIPOC, who will be invited to join the Fellowship in connection with their startups. The odds of being selected depend on the number of entries received.
The review committees may also consider other criteria, such as, for example, creating an overall diverse pool of Fellows with respect to business industry, stage of growth, geography, etc.
All decisions of the Organizers and the review committees with respect to Fellows, and all other matters pertaining to the Fellowship are final and binding and cannot be appealed or challenged. Fellows may be subject to a criminal background check to confirm eligibility and to help ensure that the awarding of a fellowship to such person will not bring the Organizers into public disrepute, contempt, scandal, or ridicule or reflect unfavorably on the Fellowship as determined by the Organizers in its sole discretion. By entering the Fellowship, applicants consent and agree to such background check and to sign a consent/release for the same if requested to do so by the Organizers. If the Organizers is unable to contact the potential Fellow within five (5) days from first notification attempt, if the potential Fellow fails to complete and return all requested forms by the specified date, or if the potential Fellow fails to comply with any of the requirements in these Terms and Conditions, the Fellowship (see below) will be forfeited and an alternate potential Fellow will be selected based on the criteria set forth above.
Each Fellow will receive a fellowship (a “Fellowship”) consisting of the following, subject to the terms herein:
The specifics of all aforementioned elements of the Fellowship shall be solely determined by the Organizers. If any Fellow is unable to fulfill any portion of the Fellowship, Fellow forfeits the Fellowship in its entirety and an alternate Fellow may be selected.
Any advice provided to you in connection with the Fellowship, including but not limited to the Board Boot Camp, the UBS Fellow Monthly Matching Program or other programming, or advise otherwise provided to you, is intended for general informational purposes only, not for the purpose of providing financial, tax, accounting, investment, legal, or other professional advice. The advice provided through this Fellowship is not a substitute for professional advice. Before relying on any advice provided, you should independently verify such information or consult a professional. Any advice or other information provided to you is provided in that advisor’s personal capacity, and not on behalf of the Fellowship Entities. Opinions expressed by advisors are the opinions of the individuals and do not reflect the opinions of the Fellowship Entities.
The Fellowship is non-transferable and non-assignable. No cash or other prize substitution permitted except at the Organizers’ discretion. If no Applications meet the minimum eligibility criteria, some or all of the Fellowships may not be awarded.
Fellowship Modifications: The Organizers reserves the right to modify or cancel the programing and/or Workshop at any time in its sole discretion, including but not limited to comply with any laws, regulations and/or recommendations issued by federal, state, or local governments, the Center for Disease Control, theWorld Health Organization, the U.S. State Department, or any other government or administrative agency. Modifications may include conducting the programming and/or Workshop virtually, or canceling the Workshop altogether. The Organizers may require that Fellows agree to certain health and safety precautions in order to participate in-person in programming and/or the Workshop, including but not limited to wearing certain Personal Protective Equipment, having body temperature checked, and maintaining social distancing, among other health and safety measures.
LIMITATIONS OF LIABILITY
Fellowship Entities, their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Fellowship; inability to access Organizers’ website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any Applications which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All Applications become the property of the Organizers and will not be returned.
By entering, you agree to release, discharge, indemnify, defend, and hold harmless the Fellowship Entities, and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Fellowship and/or their receipt or use of the Fellowship, awarded in this Fellowship or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Fellowship or participation in any Fellowship-related activity or participation in this Fellowship.
By submitting an Application and participating in the Fellowship, applicant acknowledges and agrees that if applicant is selected as a Finalist or a Fellow, applicant will not disclose to any person or third party the fact that applicant was selected until notified by Organizers that such disclosure is permitted.
Applicant shall not publicize to any person or third party any proposed or existing business relationship with any of the Fellowship Entities without prior written approval of such Fellowship Entities, which such authorization may be terminated at the sole discretion of the Fellowship Entities at any time. Without limiting the foregoing, Applicant shall not use the name “The Fourth Floor,” “UBS,” or any other trademarks or logos of the Fellowship Entities without prior written approval of such Fellowship Entities, which such authorization may be terminated at the sole discretion of the Fellowship Entities at any time.
Organizers will coordinate all press announcements regarding the Fellowship and will provide applicants with as much advance notice of such announcements as possible. Organizers may refuse any media opportunity in its sole discretion. Applicant agrees not to make any public announcement or promote or publish any information regarding the Fellowship, including but not limited to sharing or otherwise disclosing any written information, photographs, or images associated with the Fellowship, in any media, including all social media platforms, without prior written approval of Organizers, which such authorization may be terminated at the sole discretion of Organizers at any time.
GENERAL TERMS AND CONDITIONS
All applicable federal, state, territory, provincial and local laws and regulations apply. In the event that the Fellowship is challenged by any legal or regulatory authority, the Organizers reserve the right to discontinue or modify the Fellowship, or to disqualify applicants residing in the affected geographic areas. In such an event, the Fellowship Entities shall have no liability to any applicants who are disqualified due to such an action. Failure by the Organizers to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. The organizers reserve the right to disqualify any applicant that in its sole judgment violates the letter or the spirit of the Fellowship. All decisions regarding the Fellowship’s Terms and Conditions, procedures, and processes are at the sole discretion of the Organizers. By submitting an Application, applicants agree not to seek any financial damages from the Fellowship Entities for any claim, dispute or cause of action in connection with or arising out of or the Fellowship. If the Fellowship is not capable of running as planned for any reason, including, without limitation, as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, cancellation of games, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Fellowship, the Organizers reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Fellowship. The organizers may disqualify any individual who tampers with the entry process, and, if terminated, to determine the Fellows, if any, from among all eligible, non-suspect Applications submitted up to the point of termination.
The Fourth Floor Inc.
UBS Financial Services Inc.