The Cultivate Award Program Terms & Conditions

The Curvy Fashionista (“The Curvy Fashionista” or “Sponsor”) has created the Cultivate Award and Program (the “Program”) to promote and support Black, Indigenous and People of Color (BIPOC) entrepreneurs, to help nurture the plus size fashion ecosystem, and to provide various designers with the tools needed to thrive in their business.

The following Terms and Conditions apply to the program.

Application period

The Program application period commences on January 26^th through March 1^st, 2021 (the “Application Period”).

How to apply

To apply to the Program, submit the online application form available here (the “Application”) during the Application Period. Applications will be accepted by online entry only. All entries must be received by the end of the Application Period to be valid.

Limit one entry per person/email address/business.

Applicants must fully complete and upload all information and materials requested in the Application during the Application Period in order to be eligible.

Please note that file size limitations and other technological restrictions may apply for materials that need to be uploaded.

All entries must include a valid e-mail address and phone number for the applicant. Applicants must acknowledge their agreement to these Terms and Conditions by clicking in the relevant box at the end of the Application.

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 files. Applications, including attachments, 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, you represent that the materials submitted are original and have been created by you and/or that all necessary rights have been secured in the event they were developed by others. You agree to disclose documents evidencing such rights to Sponsor upon request.

Eligibility

To be eligible for the Program, you and/or your business (as applicable) must meet all of the following criteria and provide appropriate documentation of same to Sponsor upon request:

• Has Been in Business for at Least 2 + Years
• Has been designing and serving for a plus size audience from sizes (at minimum) 14-24
• You identify as BIPOC (Asian, Black, Latinx, American Indian, Alaska Native, Native Hawaiian or other Pacific Islander) independent designer
• Provide Images of Collection
• Provide a Short Video
• Has an Updated E-Commerce Business and Website
• Are 18 years or older
• Are registered in the U.S. and its territories as a legal entity and have a valid EIN number
• At least 51% of the business is owned, controlled or operated and managed by BIPOC owners;
• Your business is based, and registered or incorporated, in the United States;
• Your business sells plus size clothing

Your business also meets the following criteria:

• Working to grow a customer base and/or strengthen its operations
• Currently selling physical product – specifically plus size apparel

Employees, directors, agents and officers of Sponsor, Eloquii, their respective parent companies (including without limitation Walmart Inc.), affiliates, and subsidiaries, and their respective participating advertising, promotions, and public relations agencies as well as members of their immediate families and/or those living in the same household as such individuals are not eligible to enter.  

The Program is (a) governed by these Terms and Conditions, (b) void where prohibited or restricted by law, and (c) subject to all applicable federal, state, and local laws and regulations.  By entering, you agree that you have read and consent to be bound by these Terms and Conditions, Judges’ and Sponsor’s decisions, and Sponsor’s privacy policy (available at https://thecurvyfashionista.com/privacy-policy/ ). Eligibility is conditioned on the acceptance of these Terms and Conditions and Sponsor’s privacy policy at time of entry.

Sponsor shall determine, in its sole discretion, whether an applicant meets the eligibility criteria to participate in the Program. Sponsor’s decisions regarding eligibility are final and binding. There is no requirement to purchase Sponsor’s or Eloquii’s products or make any payment of any kind to Sponsor or Eloquii to apply to the Program. A purchase of Sponsor’s or Eloquii’s products will not improve your chance of selection.

How the finalists and winners are determined

Eligible Applications will be judged by a panel of industry experts  and representatives of Eloquii (collectively, “Judges”) on the following judging criteria:

• (25%) Your Vision and Mission: Why you started your business and what it stands for.
• (50%) Your Brand: How your brand is positioned and its opportunity in the market.
• (25%) Your Plan: How your business is aimed at growth, and how this program could support it.

The three (3) eligible Applications that achieve the highest overall scores from the Judges will be determined potential Finalists.  In the event of a tie, the Application among the tied Applications with the highest score from the Judges in “list criterion: Your Brand” will be deemed the potential Finalist. All potential Finalists are subject to verification of eligibility and compliance with these Terms and Conditions. Decisions of Sponsor and Judges are final and binding in all respects.

Sponsor may contact you with requests for additional information regarding your Application.

Sponsor will notify potential Finalists by email and/or telephone in approximately March 2021.  Each potential Finalist will be required to complete, sign and return a W-9 tax form, a grant agreement (including an affidavit of eligibility, a liability release, and a photo/publicity release), and other requested tax and banking information within three (3) business days following the first attempted notification. Failure to comply within this time period may result in disqualification and selection of an alternate potential Finalist. In the event that any Finalist notification message is returned as undeliverable or if no response to the Finalist notification message is received within the time period stated or if the potential Finalist is found ineligible or does not comply with these Terms and Conditions, the potential Finalist status for that Application may, in the Sponsor’s sole and absolute discretion, be forfeited and awarded to the alternate potential Application that achieved the next highest overall score in the judging criteria as determined by the Judges in their sole discretion.

Finalists will be required to participate in a video interview to discuss the Phase One judging criteria for promotional purposes. Finalists will also be required to showcase their collection via a livestreamed finale event, currently scheduled to take place on May 2, 2021. Each Finalist will also be required to provide an image of their choosing of their work to have the public vote on.

The Finalist whose Application achieved the highest overall score from the Judges will be determined the potential Grand Prize Winner.  In the event of a tie, the Finalist among the tied Finalists that achieves the highest score from the Judges in “list criterion” will be deemed the potential Grand Prize Winner. The remaining Finalists will be determined the Runner Up Prize Winners. The Finalist whose entry is selected by the community via a public voting platform will be determined the potential Viewer’s Choice Prize Winner.

All potential Winners shall be subject to verification of eligibility and compliance with these Terms and Conditions. Decisions of Sponsor and Judges with respect to Winners shall be final and binding in all respects. 

The Awards

Grand Prize:  There will be up to one (1) Grand Prize consisting of a grant of $10,000. The Grand Prize will be awarded in the form of an ACH wire transfer or such other mechanism as Sponsor may choose in its sole discretion. The Grand Prize Winner will also have the opportunity to negotiate terms for a possible capsule collection with Eloquii to be sold on www.eloquii.com.

Runner Up Prize: There will be up to two (2) Runner Up Prizes, each consisting of a grant of $2,500. Each Runner Up Prize will be awarded in the form of an ACH wire transfer or such other mechanism as Sponsor may choose in its sole discretion.

There will be up to one (1) Viewer’s Choice Prize, which will consist of an $1000 award.

As part of their Prize, Finalists will also have the opportunity to participate in advisory and publicity initiatives, which will at minimum consist of the following:

• for each finalist, one (1) 90-minute advisory call with Sponsor’s founder, Marie Denee;
• for each finalist, one (1) 30-minute advisory call with Eloquii’s CEO, Mariah Chase;
• for the top winner, participation in a one-year professional mentorship program; individual monthly advisory calls with members of Eloquii’s staff each month between June 2021 and June 2022 (each advisory call shall not exceed 120 minutes);
• (iv) opportunities to publicize or highlight Finalist or Finalist’s business through Sponsor’s marketing channels, which opportunities shall be at Sponsor’s sole discretion;
• Sponsor may, at its sole discretion, offer Finalists benefits in addition to the Prizes listed herein, such as additional advisory support, marketing or purchase opportunities, but Sponsor does not guarantee, and makes no commitments to provide, any prize or benefits beyond the specific Prizes listed herein.

Prizes are not transferable. Taxes on Prizes are sole responsibility of winner. Winners may be issued a 1099 tax form for the actual value of each Prize. Limit one Prize per applicant. By applying for the Program, you agree that, if selected as a Finalist, you will use the Prize solely for legitimate business expenses and for the purposes expressed in your application.

Sponsor reserves the right, in its sole discretion, to increase the value of any Prize. If no or an insufficient number of Applications meet the minimum eligibility criteria, some or all of the Prizes may not be awarded or Sponsor may increase the value of any Prize. Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the advertised Prize becomes unavailable.

Privacy

Any information provided by you as part of the Application process or otherwise in connection with the Program will be processed in accordance with Sponsor’s privacy policy. By applying to the Program, you agree to Sponsor’s privacy policy and consent to receive communications and other materials from Sponsor regarding the Program. If you provide Sponsor with personal information of a reference or any other individual as part of your Application, it is your responsibility to obtain consent from that individual prior to providing such information to us.

Confidentiality & Publicity

All non-public business and financial information you provide as part of the Application will be kept confidential. Any designs, products, items, or similar materials submitted as part of your Application or otherwise as part of the Program do not constitute non-public business or financial information and may be disclosed to the public.  By submitting an Application and participating in the Program, you acknowledge and agree that if you are selected as a potential Finalist or Prize Winner, you will not disclose to any person or third party the fact that you were selected until notified by Sponsor that such disclosure is permitted or until made public by Sponsor. Sponsor will coordinate all publicity and press announcements regarding the Program and will provide Finalists with as much advance notice of such announcements as reasonably possible. Sponsor may refuse any media opportunity in its sole discretion.

Limitations of liability

Sponsor, Eloquii, and their respective parents, subsidiaries,  officers, directors, stockholders, employees, agents, insurers and any and all Internet servers and access provider(s) (collectively, “Released Parties”) 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 Program; inability to access Sponsor’s website or application form; 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 website; 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. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program at any time and without notice.

By entering, you agree to release, discharge, indemnify, defend and hold harmless Released Parties from and against all claims and damages or liability arising in connection with your participation and/or entry in the Program and/or your receipt or use of any Prize, 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 Prize or participation in the Program or any Program-related activity or your breach of these Terms and Conditions. The Released Parties are  not responsible for any incorrect or inaccurate information, whether caused by technical or human error or otherwise, which may occur in the processing of applications for any Prize  or in the running of this Program. The Released Parties are not  responsible for typographical, printing or other errors in these Terms and Conditions or in other materials relating to the Program.

General terms and conditions

Any advice obtained in connection with the Program including during any advisory support or networking opportunities or otherwise from Sponsor and/or Eloquii, is for informational purposes only and not for the purpose of providing specific business, accounting or legal advice. Opinions expressed by mentors or others are the opinions of the individuals and may not reflect the opinions of Sponsor or Eloquii.

By participating in the Program, you accept and agree to be bound by these Terms and Conditions, including all eligibility requirements, Sponsor’s Privacy Policy and Terms of Use, including the arbitration provisions contained therein. All applicable federal, state and local laws and regulations apply. In the event that the Program is challenged by any legal or regulatory authority, Sponsor reserves the right to discontinue or modify the Program, or to disqualify applicants residing in the affected geographic areas. In such an event, the Released Parties shall have no liability to any applicants who are disqualified due to such an action. Failure by Sponsor to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision. Sponsor reserves the right to disqualify any applicant that in its sole judgment violates the letter or the spirit of the Program or could reflect negatively on Sponsor’s or Eloquii’s image and/or reputation.

Any applicant who is currently employed at an existing business (including all business owners and U.S. government employees) represents and warrants that they have obtained all necessary approvals needed to participate in the Program. You agree that you will refrain from acting in an unprofessional manner or committing any act or becoming involved in any situation (and you represent and warrant that, prior to the Application Period, you have not acted in an unprofessional manner or committed any act, and have not been involved in any situation) that: (i) involves an act of moral turpitude; (ii) would subject Sponsor or Eloquii to public disrepute, contempt, scandal or ridicule for publicizing your business; or (iii) tends to shock, insult or offend the community at large. If Sponsor determines, in its reasonable discretion, that you have breached this clause, Sponsor shall have the right to immediately terminate your participation in the Program, stop payment of the Prize or receive a prompt refund of the Prize, and cease all affiliation with you, and Sponsor will have no further obligation to provide any part of the Prize to you.

You represent and warrant that your Application  (i) does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (ii) does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iii) does not and will not violate any applicable laws, and is not and will not be defamatory or libelous.

All decisions regarding the Program’s Terms and Conditions, procedures and processes are at the sole discretion of Sponsor. By submitting an Application, you agree not to seek any financial damages from Sponsor or Eloquii for any claim, dispute or cause of action in connection with or arising out of the Program, including the Prize. If the Program 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 Program, Sponsor reserves the right, in its sole and absolute discretion, to cancel, terminate, modify or suspend the Program. Sponsor may disqualify any individual who tampers with the entry process or otherwise attempts to impact the proper functioning of the Program, and, if terminated, to determine an alternative Finalist, if any, from among all eligible, non-suspect Applications submitted up to the point of termination.

All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions or the rights and obligations of applicants or sponsor in connection with the Program shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any principles that provide for the application of the law of another jurisdiction.

For latest updates, visit the Cultivate Award page.