Thank you for your interest in the Maesa Magic Incubator Program (the “Program”)! Please carefully read the below terms and conditions.

By filling out and submitting the application for the Program, the individuals and/or entities identified on the application form (individually or collectively, “you” or “yours”) desire to voluntarily participate in interviews, workshops, pitch meetings, and networking sessions (the “Curriculum”) for the Program which is sponsored, organized, and run by Maesa LLC and its affiliates (collectively, “Maesa”) in collaboration with certain mentors, judges, moderators, organizations, and businesses (collectively, “Collaborators”) that Maesa, in its sole discretion and subject to the Collaborators’ availability, invited to participate in the Program.

A. By submitting the application for the Program, you acknowledge, represent, and warrant that, as of the date of your application’s submission:

1. You are at least eighteen (18) years of age or older and not a minor in your state of residence;
2. You are a citizen or legal permanent resident of the United States; and
3. Your business is based within the United States and incorporated as a legal entity under the laws of any states within the United States.
4. You are the owner(s) of the business;
5. You identify as BIPOC, LGBTQIA+, differently-abled, or are over the age of sixty-five (65) years old; or
6. At least 51% of your business is owned, controlled, managed, or operated by members of the communities listed in Paragraph A(5).
7. You offer physical beauty products (not service providers, not salons, not spas) to consumers.
8. You are able and willing to fully commit to the four (4) month-long program.
9. You have honestly and accurately completed the application.
10. All Materials (as defined below) submitted with the application were created by you, or in the event the Materials were created or developed by or with others, you secured all necessary rights and permissions to use the Materials.
11. Application Materials (i) do not contain any computer virus, is otherwise uncorrupted, is wholly original, 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; (iii) does not and will not violate any applicable laws, and (iv) is not and will not be defamatory or libelous.
12. You have read and understand and agree to the eligibility requirements set forth in this agreement, the application and all additional terms and rules found on the Maesa Magic Incubator Program web page.
13. All information you are providing to Maesa is and will be valid, true, and accurate.

You may not participate in the Program if you or any of your employees, and their respective immediate family members, have been an employee, officer, director or agent of Maesa, its affiliates, or business partners within the last two (2) years. In addition, Maesa reserves the right, but is not obligated, to disqualify or render ineligible any person whom Maesa determines, in its sole discretion, is sufficiently connected with the production or administration of the Program such that that person’ or entity’s participation in the Program could create the appearance of impropriety. Conversely, Maesa reserves the right to allow any person to remain part of the Program who may be acquainted with a person or entity connected with the production or administration of the Program if, in Maesa’s sole discretion, Maesa determines that such person’s involvement in the Program does not and will not affect the integrity of the Program. Maesa 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 Maesa’s image and/or reputation.

You acknowledge and agree that Maesa is under no obligation to select you to participate in the Program. Any decisions with respect to selecting participants for the Program shall be made in Maesa’s sole discretion and such decisions shall be final and not subject to challenge or appeal. Your application, selection, and/or participation in the Program, whether in full or partial, does not create, and shall not be construed to create, or imply an employment, agency, partnership, or joint venture relationship between you and Maesa, its affiliates, or the Program’s Collaborators. Your application, selection, and/or participation in the Program, whether in full or partial, does not guarantee any certain business outcome, relationship, or financial benefit.

 

B. Eligible applications will be reviewed by members of a committee consisting of a panel of Maesa employees and/or individuals selected by Maesa, in its sole discretion. Maesa may contact you with requests for additional information regarding your application. If selected, Maesa will notify you by email and/or telephone by September 25, 2023. Being selected does not guarantee you will receive an Award (as defined below).

 
C. Maesa will select up to three (3) finalists to be awarded, subject to their complete and successful participation in and completion of the Program (for example, attending all learning sessions, attending conferences, completing tracks, and pitching final project to the advisory panel), up to U.S. $35,000 each (the “Award”). Prior to receiving the Award, you will be required to (i) provide a tax form verifying your business tax identification number and other requested tax and banking information necessary for payment of the Award and (ii) sign and return an Award agreement, properly executed, each within three (3) days of receipt of same. If Maesa (i) is unable to contact you within three (3) days from first notification attempt, (ii) if you fail to promptly provide, complete and return all requested documentation by the specified date, or (iii) if you fail to comply with any of the requirements in this Participation Agreement, it may result you’re your disqualification and the forfeiture of your interest in the Program. All decisions of Maesa and the review committee with respect to all other matters pertaining to the Program are final and binding and cannot be appealed or challenged. The Award will be sent to each recipient in the form of ACH wire transfer or such other mechanism as Maesa shall choose. All federal, state and local or other tax liabilities, and other expenses relating to the acceptance of the Award, are the sole and exclusive responsibility of each recipient. Maesa may, at its sole discretion, offer the three (3) recipients benefits in addition to the Award, such as additional advisory support, community, and amplification opportunities, but Maesa does not guarantee, and makes no commitments to provide, any prize beyond the Program and Award.

The Award is non-transferable and non-assignable. If no or an insufficient number of applications meet the minimum eligibility criteria, some or all of the Awards may not be awarded, or Maesa may increase the value of any awarded Award. Maesa reserves the right, in its sole discretion, to substitute a prize of equal or greater value if the advertised award becomes unavailable. All details of any award or Award not specified herein shall be determined solely by Sponsor.

 

D. Any advice obtained from Maesa in connection with the Program is for informational purposes only and not for the purpose of providing specific business, accounting, product fitness or merchantability, or legal advice. Opinions expressed by Collaborators or other Program participants are the opinions of those individuals and may not reflect the opinions of Maesa.

 

E. You understand and agree that your application and, if selected, your participation in the Program may result in the disclosure of information which you may or may not deem confidential in nature. Please do not transmit, send, provide, disclose, or give Maesa proprietary information that belongs to your or your company and the disclosure of which would compromise or jeopardize the value of that information (for example, a trade secret). All non-public business, product, and financial information you provide as part of the application will be kept confidential by Maesa and used only to evaluate your application for purposes of selection into the Program and administration of the Program. You acknowledge and understand that Maesa has, may currently, or in the future be developing information internally, or receiving information from third parties, that is similar to or competitive with the information disclosed by you as part of the application process. Accordingly, you acknowledge and agree that nothing in this Participation Agreement will be construed as a representation, warranty, covenant or agreement of Maesa or its affiliates that it will not develop, or have developed on its behalf, products, processes, concepts, systems or techniques that are similar to or competitive with the products, processes, concepts, systems or techniques contemplated by or embodied in your application or final presentation. For clarification and the removal of doubt, Maesa will not use, or rely on, any information provided in your application in connection with such development.

 

F. Creative Force Ltd, Award Force Pty Ltd, and their corporate affiliates (collectively, “Creative Force”) are assisting Maesa with the Program. Any information provided by you as part of the application process or in connection with the Program will be submitted, processed, and retained through Creative Force in accordance with their Privacy Policy as well as Maesa’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 Maesa or Creative Force 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.

 

G. By submitting an application and participating in the Program, you acknowledge and agree that if you are selected, you will not disclose to any person or third party the fact that you were selected until notified by Maesa that such disclosure is permitted or until made public by Maesa. Maesa will coordinate all publicity and press announcements regarding the Program and will provide you, if selected, with as much advance notice of such announcements as possible. Maesa may refuse any media opportunity in its sole discretion.

 

H. You understand and agree that any materials, including, without limitation, the application as well as other materials, videos, photographs, articles, images, graphics, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or other content you submit with the application or provide during the course of the Program (collectively, the “Materials”) may not be returned to you. If you request the return of your Materials, Maesa will use reasonable efforts to locate and return the Materials but cannot guarantee their return. Maesa strongly recommends you retain a copy of your Materials for your records.

 

I. By submitting an application and, if selected, participating in the Program, you understand and agree to be videorecorded, audio recorded, and/or photographed by Maesa, its employees and contractors. You hereby grant Maesa the right to use (and to license or assign to others the right to use) your name, voice, likeness, appearance, and biographical information, in any and all media now known or hereafter devised, throughout the world in perpetuity. Maesa shall have these rights whether or not you are selected as a participant for the Program and whether or not you fully complete the Program. You acknowledge and agree that Maesa shall own all rights (including, without limitation, all copyrights) in and to the Program, including documents, presentations, recordings created by or on behalf of Maesa in relation thereto. You understand and acknowledge that if you are selected to participate in the Program, your participation may be conditioned upon signing and returning certain additional waivers, releases, and authorizations required by Maesa.

 

J. You agree that Maesa and its parents, affiliates, subsidiaries, licensees, successors and assigns may generate revenue, incur an increase of goodwill, or otherwise benefit from an increased value from your application and, if selected, participation in the Program. Without limiting any other releases you have provided herein, you hereby release the Released Parties (as defined below) from any and all claims, actions, damages, liabilities, losses, costs and expenses arising out of or resulting from Maesa’s exercise of its rights under this paragraph.

 

K. Maesa and the Released Parties are not responsible for: any incorrect or inaccurate application 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 Maesa’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 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. Maesa reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program at any time and without notice.

 

L. You agree that Maesa may license, assign, and otherwise transfer this Agreement and all rights granted by you hereunder to any person or entity. You further agree that this Agreement is personal to you and is not assignable by you and any purported assignment by you shall be null and void. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms and conditions or the rights and obligations of applicants or Maesa in connection with the Program shall be governed by and construed in accordance with the internal laws of the state of New York without giving effect to any choice of law of conflict of law rules or provisions that would cause the application of any other state’s laws. The illegality, invalidity or unenforceability of any provision of this Agreement shall in no way affect the validity or enforceability of any of the remainder of this Agreement, which shall be enforced to the maximum extent permitted by law. This Agreement constitutes the entire agreement and understanding between Maesa and you concerning the subject matter hereof, and supersedes and replaces all prior negotiations, proposed agreements and agreements, written and oral, relating thereto. This Agreement cannot be changed or terminated except by a written instrument signed by Maesa and you.

 

M. LIMITATION OF REMEDIES. YOU ACKNOWLEDGE THAT YOUR REMEDY FOR ANY CLAIM BROUGHT PURSUANT TO THIS AGREEMENT OR ARISING OUT OF YOUR APPLICATION AND MATERIALS SUBMISSION, PARTICIPATION IN THE PROGRAM AND CURRICULUM, AND RECEIPT AND USE OF THE AWARD SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES OR TO RESCIND THIS AGREEMENT. IN NO EVENT SHALL YOU BE ENTITLED TO SEEK OR OBTAIN INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. YOU UNDERSTAND THIS AGREEMENT IS IRREVOCABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT OR IN ANY OF THE APPLICABLE LAWS SHALL PREVENT MAESA OR COLLABORATORS FROM SEEKING RELIEF, INCLUDING, BUT NOT LIMITED TO, EQUITABLE AND/OR INJUNCTIVE RELIEF.

 

N. YOUR APPLICATION AND MATERIALS SUBMISSION, PARTICIPATION IN THE PROGRAM AND CURRICULUM, AND RECEIPT AND USE OF THE AWARD IS AT YOUR OWN RISK. YOU RELEASE, DISCHARGE AND HOLD HARMLESS MAESA AND THE COLLABORATORS AND EACH OF THEIR RESPECTIVE PARENT, SUBSIDIARY AND AFFILIATED COMPANIES, LICENSEES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES, AND ALL OTHERS CONNECTED WITH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, VENDORS, SUPPLIERS, SPONSORS, ADVERTISERS, LICENSEES, AND BUSINESS PARTNERS) (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES, IN ANY WAY ARISING OUT OF OR RESULTING FROM YOUR APPLICATION AND MATERIALS SUBMISSION; YOUR PARTICIPATION IN THE PROGRAM AND CURRICULUM; AND/OR YOUR RECEIPT OR USE OF THE AWARD, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS, ACTIONS, AND LIABILITIES FOR INJURY, LOSS OR DAMAGE TO YOU, TO ANYONE IN YOUR BUSINESS, OR TO ANY PROPERTY, INCLUDING INTELLECTUAL PROPERTY, REGARDLESS OF WHETHER OR NOT SUCH INJURY, LOSS OR DAMAGE WAS CAUSED BY THE NEGLIGENT, WILLFUL, OR RECKLESS MISCONDUCT OF ANY OF THE RELEASED PARTIES.

 

O. YOU AGREE TO DEFEND AND INDEMNIFY THE RELEASED PARTIES AND HOLD THEM HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, ACTIONS, DAMAGES, EXPENSES AND LOSSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) OF ANY KIND OR NATURE WHATSOEVER IN ANY WAY CAUSED BY OR ARISING OUT OF YOUR APPLICATION AND MATERIALS SUBMISSION; YOUR PARTICIPATION IN THE PROGRAM AND CURRICULUM; AND/OR YOUR RECEIPT OR USE OF THE AWARD, AS WELL AS ANY BREACH OR ALLEGED BREACH OF ANY OF YOUR COVENANTS, REPRESENTATIONS OR WARRANTIES HEREIN, OR THE USE OF ANY OF THE RIGHTS YOU HAVE GRANTED TO MAESA.

 

P. BY COMPLETING THE APPLICATION AND CLICKING SUBMIT OR AGREE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE FOREGOING.