Application Terms and Conditions
Applications will be required for participation in the program. The terms and conditions below will apply to applications.
The undersigned Applicant hereby makes application to the Detroit Economic Growth Association (“DEGA”), a Michigan non-profit corporation managed by the Detroit Economic Growth Corporation (the “DEGC”) on behalf of the City of Detroit (the “City”), and agrees to the following certifications:
1. NextUp 313 is a program created by the DEGA, operated with assistance from the DEGC through funding provided through the City of Detroit’s General fund for business-focused professional development and business support for Detroit residents between the ages of 18-30 who possess an interest in entrepreneurship, or who currently operate a small business or startup operating in the City of Detroit and are otherwise qualified for the Program. Copies of NextUp 313’s Guidelines are available online or at the office of the DEGC at 500 Griswold Suite 2200, Detroit, MI 48226.
2. By submitting an Application to participate in the Program, each individual submitting an application (an “Applicant”) agrees that it has read, accepted, and will abide by and be bound by, the terms and conditions set forth below (the “Conditions”).
3. In submitting its Application, Applicant understands and agrees:
That the purpose of this Program is to provide business-focused professional development and business support for Detroit residents between the ages of 18-30 who possess an interest in entrepreneurship or who currently operate a small business or startup operating in the City of Detroit
That the completed Application and the information submitted by Applicant therein is subject to the award documents and agreements which govern the Program, as the same may be amended from time to time.
That information submitted as part of the Application will be disclosed to appropriate staff of the DEGA, members of a selection committee or to public officials and may be shared with state, federal or local government agencies which have a financial role in the Program.
The DEGA reserves the right to make the final determination of any person’s or organization’s eligibility and/or qualifications for program benefits, and to make allocation of program benefits as it may, in sole discretion, deem appropriate.
The Program is void where prohibited by law or regulation, and that the Program and these Conditions are subject to modification, cancellation, or limitation at the DEGA’s sole discretion, with or without notice, including to persons who have already entered the Program.
The Program is open to current and aspiring entrepreneurs looking to learn the fundamentals of business operation, ownership, and growth.
Program participants and their associated business ventures, as applicable, may be required to be in good standing with the City of Detroit, Internal Revenue Service and the Michigan Department of Treasury and otherwise comply with any eligibility requirements set forth in the Program guidelines, application or other materials.
NextUp 313’s business support programming is available to young adult Detroit residents aged 18-30 that are:
Business Owners and other individuals who possess an interest in learning more about innovation, product/service design, and risk-taking;
Business owners whose ventures are located and headquartered in Detroit that at would like to grow and develop within the city for an additional 5 years;
Business owners whose ventures are majority owned by legal residents of the United States who are 18 years of age or older as of the time of entry; and
Business owners whose ventures otherwise comply with any eligibility requirements set forth in the Program application or other materials.
The following individuals are not eligible to apply:
employees, elected officials or appointed officials or officers of the City government;
employees or board members of the DEGC;
employees or board members of the DEGA;
DEGA or DEGC contractors affiliated with the Program;
NextUp 313 Jurors;
spouses and dependents of
employees and board members of the City, DEGC, and DEGA;
(b) contractors affiliated with the Next Up 313 program; and
(c) Next Up313 Committee members.
That its contact information will be entered into the DEGA’s client database for use by the DEGA, the DEGC and the City of Detroit in connection with compliance and other lawful purposes but will not be sold to any third parties.
The DEGA may, from time to time, require assurances from the Applicant that the Applicant has complied, is complying, and will comply with these Conditions. Organizers reserve the right, in their sole and unfettered discretion, to disqualify, and/or seek any and all remedies available from, any Applicant deemed to be
tampering or attempting to tamper with the entry process or the operation of the Program or any other DEGA purpose or activity;
attempting to defraud DEGA or the other program partners or participants;
violating the Conditions;
acting in an unprofessional or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or
associated or connected with any individual having done the above.
4.Applicant represents and warrants that:
The person executing the Application is duly authorized by Applicant to submit the Application and to bind it to these Conditions.
Its Application
(a) is original;
(b) was substantially created by the Applicant;
(c) was legally created and does not infringe the intellectual property , copyrights, privacy or publicity rights or any other legal or moral rights of any third party and Applicant has obtained all waivers and releases required of third parties, if any, for any of its Application content. DEGA shall not be responsible to a third-party for any Applicant’s failure to comply with this provision, and each Applicant agrees to indemnify DEGA for any such claim.
5. Background Check: Applicant acknowledges and agrees that, should it be preliminarily selected for an award, Applicant may be required to submit to a confidential background check to help ensure that the Applicant’s selection into the Program will not bring the DEGA, the DEGC, the City of Detroit or the Program into public disrepute, contempt, scandal, ridicule or reflect unfavorably on the DEGA, the DEGC, the City of Detroit, or the Program. In addition, the Applicant may be required to enter into or execute certain contracts or documents, including, among other things, terms governing the use of the award and certain releases of liability in favor of the DEGA, the DEGC and/or the City of Detroit.
6. Release: For good and valuable consideration, including participation in the Program, the sufficiency of which is hereby acknowledged, Applicant hereby releases and forever discharges the DEGA, the DEGC and the City of Detroit, and their respective parents, subsidiaries, affiliates, directors, distributors, advertising and promotion agencies, employees and agents (collectively, the “Released Parties”), from and against any and all causes of action, rights, claims or demands of any kind whether in tort or in contract, express or implied, known or unknown, which such Applicant have or may have against them, for personal injuries, death, damage or loss to personal property, or other harm or loss of any nature whatsoever sustained in connection with, or otherwise arising directly or indirectly from, claims, demands or causes of action that such Applicant may now have or may hereafter have for arising, resulting from or in connection with the Program including, but not limited to,
any Program-related activity or element thereof and the Applicant’s entry, participation, or inability to participate in the Program;
the violation of any privacy, personal, publicity or proprietary rights;
typographical errors in these Conditions or any Program promotional materials;
any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond DEGA’s control or as otherwise permitted in these Conditions;
any interruptions in or postponement, cancellation, or modification of the Program;
human error;
incorrect or inaccurate transcription, receipt, or transmission or any part of the Program entry;
any system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider utilized by the DEGA or by an Applicant;
interruption or inability to access the Program, or any Program-related web pages or any online service via the Internet due to hardware or software compatibility problems;
any damage to Applicant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Program;
any lost/delayed data transmissions, omissions, interruptions, defects, and/or other destroyed, incomplete, undeliverable or damaged Program Entries;
any wrongful, negligent, or unauthorized act or omissions on the part of the DEGA, the DEGC and/or the City of Detroit, or any of their respective agents or employees;
the public voting or the tabulation of the votes, or
the selection by Organizers or its advisors of the award finalists.
7. Non-Discrimination: Applicant agrees, that it should it be selected for award, it will not discriminate against any person on the basis of race, color, national origin, sex, marital status, sexual orientation, physical or mental handicap or age in any aspect of the project and to comply with all federal, State and local laws regarding discrimination and equal opportunity in employment and credit practices, including Titles VI and VII of the Civil Rights Act of 1964, as amended, and regulations pursuant thereto,.
8. The undersigned further certifies that the information contained in this application and in any attachments in support hereof is true, correct and complete to the best of the applicant’s knowledge and belief and agrees to notify the DEGA promptly in writing of any changes in this information, including any changes in the sources and uses of funding for the project. The undersigned agrees to immediately notify the DEGA of a cancellation of the project, or if the project will not be completed within the proposed time schedule.
9. Freedom of Information Act. The DEGA is a nonprofit working with a public entity. Certain documents in the DEGA’s possession may be subject to the Michigan Freedom of Information Act (FOIA). By agreeing to the Terms and Conditions, Applicant acknowledges that information submitted to the DEGA as part of the Application process may be subject to disclosure under the Michigan Freedom of Information Act (FOIA) unless such information is otherwise determined to be exempt from disclosure. DEGA will not disclose any information of Applicant it believes to be exempt under the FOIA but does not guarantee the confidentiality of Applicant’s submissions and specifically does not warrant that the Contract documents are exempted from disclosure under FOIA. No deviations may be requested related to this Section. Applicants should give specific attention to the identification of information furnished to the DEGA pursuant to this Application which they deem confidential, commercial or financial information, proprietary information, or trade secrets and appropriately marks such information prior to submission. Applicant should be prepared to provide justification why such marked information should not be publicly disclosed under the FOIA. Applicant is advised that, upon request from a third party, the DEGA is required to make an independent determination as to whether the information may or must be divulged to that party.
10. Indemnification. The undersigned applicant agrees to at all times indemnify and hold harmless the DEGA against all losses, costs, damages, expenses and liabilities of any nature or kind (including, but not limited to attorney’s fees, litigation and court costs, amounts paid in settlement, amounts paid to discharge judgment, and any loss from judgment) arising out of, or related to acceptance, consideration, approval or disapproval of this application.
11. Conflict of Interest
Disclosure that the applicant can be considered any of the following is required:
An employee or board member of the DEGC or DEGA
An employee, elected official or appointed official or officer of the City of Detroit government (the City)
A contractor affiliated with the NextUp313 Project
The spouse or dependent of an employee or board member of the City, DEGC, and DEGA, a contractor affiliated with the NextUp 313 Project, or a NextUp 313 partner or juror
debarment, suspension or placement in ineligibility status of HUD or any other comparable Federal government-wide list
Upon receipt of this disclosure, the Detroit Economic Growth Association (DEGA) will determine whether a conflict of interest exists and if the conflict can be mitigated and/or granted an exemption in accordance with DEGA policies and federal regulations.
Failure to disclose an actual, potential or perceived conflict of interest may result in the rejection of a NextUp 313 application, termination of a NextUp 313 award, and/or the required repayment of any disbursed award funds, whether disbursed directly to the applicant or to a service provider on behalf of the applicant.