"BEAUTY PITCH” OFFICIAL RULES - 2016

“Beauty Pitch” is a multi-stage competition for beauty entrepreneurs. There are 2 categories for 2016: Startup Business and Established Business. Applicants must complete the application in their category and submit their Beauty Pitch Proposal to PBA. Judges from the investor community and the beauty industry will select 6 Semi-Finalists per category, who will be individually interviewed via SKYPE. Three finalists per category will pitch their proposals to Beauty Pitch judges during a live session at Cosmoprof NA on Saturday, July 23, 2016. All finalists will be given exposure at Cosmoprof NA and PBA Beauty Week, and will receive attention from potential investors.

The BEAUTY PITCH Competition (the “Competition”) is sponsored by the Professional Beauty Association (“PBA”). By entering the Competition, each Applicant agrees to these Official Rules.

1. To enter, Applicant must complete the following and submit them through the website provided by PBA: 

1.  Application Form
2.  Short Business Overview Video (2 min. max.)
3.  One-page executive summary (500-1000 words)
4.  Entry Fee (Non-Refundable)
5.  Designate whether Application is for Startup or Established Business Category

If you are selected as a Semi-Finalist, you will need to sign additional releases and permissions in order to proceed to the next level.  

2. Applicant Eligibility: to enter the Beauty Pitch Competition, each entrant:  
A. Applicant must meet at least three of the following requirements: 3. Availability Requirements: Semi-finalists must be available for interview on Wednesday, June 1, 2016, at a time to be designated by Sponsor, via SKYPE or at PBA offices in AZ. Finalists must be available to pitch their proposal in person at PBA Beauty Week in Las Vegas on Saturday, July 23, 2016. Finalists must pay their own travel expenses and must be registered for PBA Beauty Week. Finalists will need to be in Las Vegas on Friday, July 22, 2016, for pre-show prep.

4. Non-Refundable Entry Fee:
•         Early Bird Registration (Feb. 1st – March 15, 2016): $125 for Cosmoprof NA Exhibitors or PBA Members; $250 for all other entrants.
•         Regular Registration: (March 16th – May 10, 2016): $125 for Cosmoprof NA Exhibitors or PBA Members; $250 for all other entrants.
 
Entry fee must be paid online at the time of submission using a credit card (American Express, Discover, MasterCard or Visa are accepted).

5. Timing and Judging Process: All applications and materials must be submitted online and received by PBA before 5:00 P.M. PST on Friday, May 10, 2016. Only complete applications (including all materials listed in Rule 1) will be accepted for entry. 

B. Between May 9-13, 2016 a panel of judges with experience in investing, business and/or the professional beauty industry will review the entries. Six (6) semi-finalists will be selected per category (Startup and Established Business) and will be contacted by email or phone to schedule individual 30-minute interviews on Tuesday, May 17, 2016. Semi-finalist interviews will be conducted, by an expert panel, via SKYPE or in person at PBA’s offices in Scottsdale AZ, at applicant’s option and expense. Semi-finalists will be required to sign additional releases and permissions as a condition of moving to the next level. If a selected semi-finalist is unable to be interviewed at the designated time on Wednesday, June 1, 2016, or does not timely return the additional releases/permissions to PBA, another semi-finalist will be selected.

C. The judges will select three (3) Finalists for each category (Startup and Established Business) after the semi-final interviews. The Finalists will be contacted by email or phone on or about Tuesday, June 7, 2016.  The Finalists will present their proposals to Beauty Pitch judges before a live audience at PBA Beauty Week in Las Vegas on Saturday, July 23, 2016.  The Finalists will have to attend a pre-show preparation session on Friday, July 22, 2016. If a selected Finalist is unable to attend the live sessions, or otherwise fails to respond to PBA, another finalist will be selected if time permits and in PBA’s sole discretion. Finalists will be responsible for all travel expenses.

D. Entries will be judged on the basis of innovation, quality of the idea and proposal, market demand, the clarity and persuasiveness of the pitch, and investment potential. One Winner will be selected by the judges per category (Startup and Established Business). All decisions of the judges are final.
 
E. There will also be an Audience Choice Winner per category, selected from the Finalists by the audience and on-line votes received by PBA within the Audience Voting Period starting Monday, May 23rd, 2016 and ending on Saturday, July 23rd, 2016.

6. Limit one entry per person/business. If more than one entry is submitted, only the first entry received will be accepted for review. Application must be for the category (Startup or Established Business) that pertains to the applicant.

7. Exclusions. No applicant may be employed by Professional Beauty Association, Cosmoprof North America, Bolognafiere S.p.A., John Paul DeJoria, John Heffner, Drybar, Brian Graham, Rise Investments International, Janet Gurwitch, Janet Gurwitch Interests, GF Foundation, CircleUp, Main Post Partners, North Castle Partners, The Kirschner Group, TSG Consumer Partners, VMG Partners, the Fashion Institute of Technology, or any Beauty Pitch judge or a company owned by a Beauty Pitch judge, or any parent, or corporate affiliate of any of them.

8. PBA is not responsible for lost, late or misdirected Submissions, or Submissions containing incorrect or incomplete information.  PBA also is not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, videos, failure of any email or notice due to technical problems or Internet issues, or any problems with the entry website or submission functionality. All submissions become the property of PBA and will not be acknowledged or returned.

9. Requirements for Submissions (Application, Executive Summary, Video)

A. Submissions:  B. Applicants must obtain written permission from each person who appears in the Video Submission, who helped create the Video Submission, or whose intellectual property is included in the Submission. A copy of such permission must be given to PBA upon request.
 
C. Applicant is solely responsible for uploading the Submission in accordance with PBA’s online instructions, in the appropriate format, manner, and length. All Submissions must be capable of being downloaded and reviewed. Submissions that PBA, in its sole discretion, determines are non-complying or non-functioning will be disqualified. 

10. Applicant’s Warranties:  By entering, Applicant represents and warrant as follows:
11. Applicant’s Grant of Rights:

A. By entering, Applicant grants to PBA and its licensees, partners, or designees, the non-exclusive right to edit, publish, copy, distribute, display and otherwise use, Applicant’s Submission (including Application and Video and all materials, marks, or indicia therein), worldwide in any media, formats, editions, and derivations, now known or hereafter developed, for all possible purposes, including editorial, business and promotional purposes without further permission, notice or compensation, except where prohibited by law. 

B. Submitting an entry constitutes Applicant’s consent to give PBA and its licensees, partners and designees a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, digitize, publish, create derivative works from, and display any such entry in whole or in part, in any media or format worldwide using technology now known or later developed, for any purpose, including for promotional or marketing purposes. Semi-finalists will be requested to sign additional releases and permissions.

C. Without limiting the above, Applicant acknowledges that PBA may publish, display and use Applicant’s Submission, or authorize others to do so, during PBA Beauty Week, online at probeauty.org and/or elsewhere, in social media, and in promotional materials for PBA’s products and services.

D.  Applicant agrees that, if applicant is selected as a semi-finalist, that PBA has the right but not the obligation to photograph, tape and record Applicant, as well as Applicant’s ideas, products, inventions, artwork, trademarks and statements during the interview(s), presentations, the Beauty Pitch event and other PBA or related events, and to publish, display and disseminate such photographs, tapes and recordings, and allow others to do the same.

E. Applicant waives any and all “moral rights” or similar rights that Applicant may have pertaining to the Submission, or any artwork or other materials in the Submission, any interview or presentation.

F. Applicant grants the above rights whether or not Applicant is selected to participate as a semi-finalist or finalist, and whether or not Applicant gives an interview or makes a presentation.

12. No Confidential Relationship.

A. By participating in the Beauty Pitch Competition, Applicant agrees that Applicant’s entry was provided freely and without restriction, that Applicant was not solicited or compensated for Applicant’s Submission, and that NO CONFIDENTIAL RELATIONSHIP exists between Applicant and PBA or any of PBA’s partners, licensees, or designees (including but not limited to any judge). Applicant also acknowledges and agrees that PBA has the right to disclose any and all ideas and concepts contained in the Submission on a non-confidential basis to anyone, and that anyone who has access to Applicant’s submission may use or disclose any or all ideas and concepts contained in the Submission, or any part of it, without any compensation to Applicant or anyone else.

B. Applicant acknowledges and agrees a) that Applicant has no confidential, fiduciary, or other special relationship with PBA, Cosmoprof NA, any judge, or any other entity or person associated with this Competition, or any partners, licensee, or designee of any such person, and b) that the Applicant’s decision to provide the Submission for purposes of the Competition does not place PBA, Cosmoprof NA, any judge, or any other entity or person associated with this Competition, or any partners, licensee, or designee of any such person, in a position that is any different from the position held by members of the general public with regard to elements of the Submission. Applicant understands and acknowledges that PBA, Cosmoprof NA, each judge, and any other entity or person associated with this Competition, as well as their partners, licensees, or designees each have broad access to ideas, concepts, and designs, and that new ideas are constantly being submitted to them or being developed by their own employees and associates. Each Applicant also acknowledges that many other ideas, concepts, or designs may be competitive with, similar to, or identical to those in the Submission. Each Applicant acknowledges and agrees that the Applicant will not be entitled to any compensation or redress as a result of the use of any such similar or identical idea, concept or material by PBA, Cosmoprof NA, any judge, and/or any other entity or person associated with this Competition, or their partners, licensees, or designees.

13. Securities Acknowledgment. Applicant understand that the announcement, solicitation and/or acceptance of any investment in Applicant or Applicant’s Business, or of any equity interests of any kind, from a judge or other person may be a securities offering and/or a sale of securities governed by federal, state and other securities laws,. Applicant agrees to comply with all applicable securities laws, including laws relating to the offer and sale of securities. Applicant also understands that it is Applicant’s my sole responsibility to comply with all applicable securities laws, and that PBA will not be giving Applicant any advice or legal assistance for that or any other purpose. Applicant also acknowledges and agrees that neither PBA, Cosmoprof NA, any judge nor any other person connected to the Competition will be acting on Applicant’s behalf, directly or indirectly, as an agent, broker or finder, in connection with the offer or sale of any securities and that neither PBA, Cosmoprof NA, any judge nor any other person connected to the Competition will have any liability if Applicant fails to comply with such securities laws.

14. No Compensation. By participating in the Beauty Pitch Competition, Applicant acknowledges that Applicant will not now or in the future be paid or compensated in any way for Applicant’s Submission or for granting PBA any of the rights set out in these Official Rules, or in any subsequent releases or permissions requested by PBA. Applicant further acknowledges that PBA is not obligated to use or license any of the rights granted in these Official Rules.. 

15. Privacy and Publicity Rights. Applicant consents to the use by PBA, its licensees, sponsors, and partners of the name, image, voice, likeness, statements and biographical information of Applicant, Applicant’s principals (if Applicant is a business) and all persons who may appear in Applicant’s Video submission, without notice or compensation. This consent applies worldwide in any media, now known or hereafter developed, for all possible editorial, business, and promotional purposes, in perpetuity, to the fullest extent permitted by law. This consent applies to the Submission, as well as to any interview or presentation, and is granted to PBA, to the “Beauty Pitch” competition, to PBA Beauty Week, and to any other usages.  Applicant further consents to the use by PBA, its licensees, sponsors and partners, of Applicant’s contact information, including email address, for informational, promotional and marketing purposes.

16. Release and Indemnification.

A. Applicant releases and agrees to hold harmless PBA, Cosmoprof NA, the judges, and all others involved with the Beauty Pitch Competition, and each of their respective licensees, assigns and partners, and their respective parent companies, affiliates, officers, directors, employees, and agents, as well as Facebook, Twitter, Vimeo and any other social media platform (collectively, "Released Parties") from any liability or damages, arising from or related to the Beauty Pitch Competition or to Applicants Submission, including but not limited to the content or use of Applicant’s Submission, including Applicant’s Application and/or Video, or contents thereof, as well as the use of Applicant’s name, image, voice, likeness and biographical information. This release covers any and all claims or assertions, including without limitation any claims of libel, slander, invasion of right of privacy, publicity or personality, or infringement of any copyright, patent, trademark or other intellectual property right. Applicant further agrees to indemnify each of the Released Parties from any harm or injury (including damages, expenses and attorney’s fees) resulting from any third party claim that Applicant’s Submission, including Applicant’s Application and Video, or contents thereof, violates or infringes any copyright, patent, trademark, privacy or publicity right, or any other right of a third party. A “third party” is anyone other than Applicant or a Released Party. Applicants must also sign and submit additional Release and Permission Forms as requested by PBA.

B. Applicant further acknowledges that the Released Parties are not responsible if the Competition cannot take place or is interrupted, or if any Prize cannot be awarded due to circumstances outside PBA’s control, including but not limited to availability, schedules, interruptions, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism, interruptions in transportation, power or communication facilities, labor strikes or lockouts or any other cause beyond the reasonable control of any Released Party. Applicant understands that Prizes are awarded as is and with no guarantee or promise of any investment, contacts, success or any other outcome or result.

C. Applicant understands and acknowledges that Applicant may be required to agree to provide additional Releases, Permissions and Indemnification Agreements as part of the Competition, all of which shall be valid and enforceable. 

17. Disqualification. A. Applicant may be disqualified and be ineligible to participate in or to win the Beauty Pitch Competition, in PBA’s discretion, if the Applicant: B. PBA reserves the right to disqualify any person tampering with this Competition or who is otherwise is believed to be in violation of the Official Rules.  PBA further reserves the right to cancel, terminate or modify the Competition, any prize, or the judging process, in the event that Competition is not capable of completion as planned, including but not limited to printing errors, technical failures, fraud, incapacity of judges, strikes, union demands, or any other reason beyond PBA’s immediate control or in its discretion.  In the event of a dispute as to the ownership of an email account or any entry submitted through an email or online account, the authorized subscriber of the email or online account used to enter the Competition at the actual time of entry will be deemed to be the Applicant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address or online account by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or online accounts.   CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  IF ANY SUCH ATTEMPT IS MADE, PBA RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

18. General.

A. Employees, directors and officers of PBA, Cosmoprof NA, and their respective affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members and/or those living in same household, are not eligible to enter the Competition. 

B. All federal, state, and local taxes are the sole responsibility of the Winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. If the Approximate Retail Value of a prize is more than $600.00, Winner shall be required to provide a Social Security Number and necessary tax form to PBA for issuance of a 1099 Form.  Winners should consult with their tax professionals regarding potential tax implications.  

C. ARBITRATION and WAIVER/LIMITATIONS OF CERTAIN DAMAGES AND REMEDIES: As a condition of participating in this Competition, Applicant agrees that (a) any claim or cause of action arising out of or connected with this Competition, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in Phoenix, Arizona; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this competition, but in no event shall attorney’s fees or any equitable or injunctive relief be awarded; (c) under no circumstances will Applicant seek an injunction or order that would halt or impair the Competition, any broadcast or event relating to the Competition, or the award or enjoyment of any prize, which Applicant acknowledges would cause PBA and others involved in the Competition to suffer irreparable harm; (d) Applicant hereby waives any rights to claim, punitive, incidental, consequential or any other indirect damages; and (e) any disputes arising from this Competition, or any matter arising therefrom, whether direct or indirect, will be determined according to the laws of the State of Arizona, without reference to its conflict of laws principles.

D. This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, YouTube, Vimeo, Twitter or any social media.

E. This Competition is sponsored by the Professional Beauty Association (PBA), 15825 N. 71st Street, #100, Scottsdale, AZ 85254-1521. Decisions of PBA are final on all matters relating to the Competition.