Pitch Competition Official Rules

UTILITY PITCH COMPETITION

OFFICIAL RULES

 

ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 

 

PROMOTION DESCRIPTION: The Utility Pitch Contest (the “Contest” or “Promotion”) will take place from April 9, 2024 to April 26, 2024 or upon receipt of the 200^th eligible submission, whichever is sooner. The intent of the Contest is to invite participants to upload a pitch deck outlining their restaurant vision and business plan, including mission/vision/values (the “Pitch Deck”), two (2) years of financial projections (the “Projections”) and answer three (3) questions (the “Questions”) (the “Contest Entry”).  Each Contest Entry must clearly reflect the judging criteria, as defined below. The Contest will include a round of judging to determine three (3) Finalists (“Contest Finalists”), and a live presentation by the Finalists to determine one (1) Contest Grand Prize winner (the “Contest Grand Prize Winner”), as further described herein.

 

By participating in the Promotion, each participant (“Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Tilit NYC, Inc. (the “Sponsor”), JPMorgan Chase Bank, National Association (“JPMC” or the “Presenter”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.

 

ELIGIBILITY: The Promotion is open to legal residents of the United States, including the District of Columbia, who are legally authorized to work in the United States, age 18 or older at the time of entry and are planning to open a new restaurant or expand an existing concept within the next 12 months. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law.  Entrant must NOT be under any contractual obligation that would conflict with this Contest or the Official Rules.

Employees of the Sponsor, JPMC, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Promotion is subject to all applicable federal, state and local laws and regulations.

 

TIMING: The Promotion begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, April 9, 2024 and ends at 11:59:59 PM ET on Friday, April 26, 2024 or upon receipt of the 200^th eligible submission, whichever is sooner (the “Promotion Period”) and consists of four (4) periods: the Contest Entry Period, Judging & Finalist Determination Period, Contest Finalist Confirmation Period, and Finalist Presentation Period as defined in the chart below. The Sponsor’s computer is the official timekeeping device for this Promotion.

 

 

Periods	Start Time	End Time
Contest Entry Period	April 9, 2024 @ 12:00:01 AM ET	April 26, 2024 @ 11:59:59 PM ET or upon receipt of the 200th eligible submission, whichever is sooner
Judging & Finalist Determination Period	April 9, 2024	April 30, 2024
Contest Finalist Confirmation Period	May 1, 2024	May 8, 2024
Finalist Presentation Period	May 19, 2024	May 20, 2024

 

 

PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):

• Contest Grand Prize: One (1) Contest Grand Prize Winner will receive $20,000.  The maximum total ARV of the Contest Grand Prize is $20,000.

 

The total ARV of all prizes to be awarded: $20,000.

 

THE CONTEST ENTRY PERIOD & HOW TO ENTER THE CONTEST: The Contest Entry Period begins at 12:00:01 AM ET on Tuesday, April 9, 2024 and ends at 11:59:59 PM ET on Friday, April 26, 2024 or upon receipt of the 200^th eligible submission, whichever is sooner.

Online Entry. Visit www.utilityshow.com (the “Promotion Website”), follow the instructions to upload your Pitch Deck outlining your restaurant vision and business plan, including mission/vision/values, two (2) years of Projections along with answering the Questions and follow all instructions to complete the contest entry form and submit (the “Online Contest Entry”).  Below are the three (3) Questions that must each be answered in 300 words or less:

1. Tell us your “why?”
2. What would you spend the grant on?
3. How do you plan to support your community through this project?

 

All Contest Entries must be received between Tuesday, April 9, 2024 at 12:00:01 AM ET and Monday, April 26, 2024 at 11:59:59 PM ET or upon receipt of the 200^th eligible submission, whichever is sooner. There is a limit of one (1) Contest Entry per person per email address.

 

For the avoidance of doubt, uploading Pitch Deck or Projection or answering the Questions alone will NOT result in an entry into the Contest. Once a Contest Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.

Entrants are subject to all notices posted online, including but not limited to the Sponsor’s Privacy Policy, which can be found at https://www.tilitnyc.com/pages/email-privacy-policy.

 

ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:

 

• Pitch Deck must outline your restaurant vision and business plan, including mission/vision/values.
• Projections must show two (2) years of financial projections.
• Pitch Deck and Projections must conform to the format and size requirements and limitations of the Promotion Website.
• Pitch Deck, Projections and Question responses cannot contain content that is irrelevant to the purpose of the Contest.
• Once a Pitch Deck, Projections and Question has been submitted, it cannot be modified or deleted by Entrant.
• Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
• Entry cannot be violent or promote firearms/weapons.
• Entry cannot promote illegal drugs or tobacco.
• Entry cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
• Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
• Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
• Entry cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
• Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Facebook and Instagram wish to associate.
• Entry cannot depict illegal activity and cannot itself be in violation of any law.
• Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
• Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
• Pitch Deck, Projections and Question responses cannot have been submitted previously in a promotion of any kind or won any previous awards.

 

By submitting a Contest Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Contest Entry.

 

By submitting an Entry, Contest Entrant warrants and represents that: (a) Contest Entry do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Contest Entrant will indemnify and hold harmless the Sponsor, Presenter, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Contest Entry, or Contest Entrant’s conduct in creating the Contest Entry, the acceptance or use of any prize or otherwise in connection with this Promotion.

 

JUDGING & FINALIST DETERMINATION: The Judging & Finalist Determination Period will begin on Tuesday, April 9, 2024 and be completed on Wednesday, April 30, 2024. All eligible Entries received during the Contest Entry Period will be judged by stakeholders appointed by the Sponsor and JPMC, who shall use the criteria set forth below:

1. Community: How the concept plans to reflect its community (0-10 points)
2. Execution: Clarity of business plan, covering operational challenges and success paths (0-10 points)
3. Sustainability: Potential for long-term viability (0-10 points)
4. Innovation: Creativity and uniqueness of the concept (0-10 points)
5. Presentation: Overall quality of the pitch (0-10 points)

 

The three (3) Contest Entries that receive the highest total score based on the judging criteria will each be deemed a potential finalist. In the unlikely event of a tie, the tied Contest Entry with the highest score in Criterion E will be deemed the potential finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion E determining the potential finalists from among the tied entries, the highest scores in each of Criteria A through D, in sequence (to the extent needed) will determine the potential finalists. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above. All Finalists are subject to final review and approval by the Presenter prior to confirmation.

 

CONTEST FINALIST CONFIRMATION PERIOD & FINALIST ACCEPTANCE: Potential finalists will be contacted by the Sponsor by email or phone on/around May 8, 2024, and will be required to sign and return an Affidavit of Eligibility & Publicity/Liability Release (the “Releases”) within two (2) days of notification to be declared a verified finalist (a “Contest Finalist”), receive the Contest Finalist Prize and continue on to the Finalist Presentation Period. Noncompliance will result in disqualification and the Contest Entrant with the next highest judging score will be deemed a potential finalist. Fewer than three (3) Contest Finalists may continue on to the Finalist Presentation Period without liability to the Sponsor or its designees of any kind. If a potential finalist is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the potential finalist’s parent or legal guardian will be required to execute and return the Releases on minor’s behalf.

 

The Grand Prize winner may also be required to submit to a background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Promotion will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Promotion or Sponsor, as determined by Sponsor in its sole discretion. Sponsor reserves the right to disqualify a potential winner on the basis of the findings resulting from such background check or if a potential winner fails to properly authorize and/or provide the required information in connection with such background check.

 

Three (3) Contest Finalists will each receive a travel reimbursement of up to $1,000 to travel to Chicago, IL to pitch in person at the Utility Show on May 19-20, 2024.

 

Finalists will have their concepts named in Show collateral.

 

FINALIST PRESENTATION PERIOD In a live presentation, finalists will pitch a panel of five (5) industry leaders selected by Tilit and JPMC on their proposal. The panel of judges will evaluate the pitches based on the following criteria and award points to each finalist.

1. Community: How the concept plans to reflect its community (0-10 points)
2. Execution: Clarity of business plan, covering operational challenges and success paths (0-10 points)
3. Sustainability: Potential for long-term viability (0-10 points)
4. Innovation: Creativity and uniqueness of the concept (0-10 points)
5. Presentation: Overall quality of the pitch (0-10 points)

The winning pitch will be that which earns the most points.  In the unlikely event of a tie, the tied Contest Entry with the highest score in Criterion A, will be deemed the potential finalist. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through E, in sequence (to the extent needed) will determine the potential finalists. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.

 

CONTEST GRAND PRIZE WINNER DETERMINATION, NOTIFICATION & CONTEST GRAND PRIZE ACCEPTANCE REQUIREMENTS: The Contest Finalist who receives the most points during the Finalist Presentation Period will be deemed the potential Contest Grand Prize Winner. In the event of a tie, the tied Contest Finalist with the highest overall judging score from the Judging & Finalist Determination Period will be deemed the potential Contest Grand Prize Winner.  If additional tie breakers are needed, the tied Contest Entry with the highest score in Criterion A, will be deemed potential Contest Grand Prize Winner. If additional tie breakers are needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential finalists from among the tied entries, the highest scores in each of Criteria B through E, in sequence (to the extent needed) will determine the potential finalists. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.

 

The potential Contest Grand Prize Winner will be required to sign and return, within seventy-two (72) hours of notification, the Releases and a W-9 Form. Noncompliance will result in disqualification and the Contest Finalist who received the next highest number of points will be deemed the potential Contest Grand Prize Winner and will notified. The Contest Grand Prize will be awarded within approximately 45 days after verification.

 

If the Contest Grand Prize Winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the Contest Grand Prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases and W-9 on minor’s behalf.

 

PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential finalist or winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.

 

Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.

 

Winners are responsible for all federal, state, local and income taxes associated with winning prize. Contest Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.

 

Except where prohibited by law, entry and acceptance of prize constitute permission to use Finalists/Winner’s name, prize won, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.

 

By accepting a Contest Finalist Prize or Contest Grand Prize, you further agree to release the Released Parties from any and all liability, loss or damage of any kind arising out of or in connection with your participation in this Promotion or with respect to the awarding, receipt, possession, use and/or misuse of any prize.

 

GENERAL: Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Presenter, the Administrator, and their affiliated companies, and all other businesses involved in this Promotion, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Promotion, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Finalists/Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Promotion or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of any prize. 

 

No confidential relationship is established by any Contest Entrant and the Sponsor as a result of participating in the Promotion. None of the information submitted by the Contest Entrant will be treated as trade secrets, confidential information or as protected data.

 

Although subsequent attempts to submit a Contest Entry be received, only the first complete Contest Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Contest Entrant from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties, are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Promotion. By participating in the Promotion, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, Presenter and the Administrator, which are final and binding in all matters relating to the Promotion. Failure to comply with these Official Rules may result in disqualification from the Promotion. Sponsor reserves the right to: (i) permanently disqualify from any Promotion it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry or voting mechanism if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Promotion). If, for any reason, the Promotion is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor is not responsible if the Promotion cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism.  Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Promotion. Sponsor reserves the right to disqualify any Entrant at any time during the Promotion Period that may be found ineligible.

 

In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Contest Entries of said person.

 

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE PROMOTION, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

GOVERNING LAW AND LIMITATION OF LIABILITY:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Promotion will 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 or conflict of law rules or provisions that would cause the application of any other laws.

 

BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

 

DISPUTES:  The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, NY and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in New York, NY.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, NY.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

PRIVACY: As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties, including Sweepstakes Administrator, for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules, including, without limitation, the storing of your personal information for purposes of complying with state record retention requirements.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.  Personal information collected from entrants are subject to the Sponsor’s Privacy Policy, which can be found at https://www.tilitnyc.com/pages/email-privacy-policy. 

 

OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see hello@theutilityshow.com or send a self-addressed, stamped envelope by May 20, 2024, to: Utility Pitch Contest Official Rules Request, PO Box 654, Social Circle, GA 30025-0654.

 

WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after May 20, 2024), send a stamped, self-addressed envelope (no later than 06/17/24), to: Utility Pitch Contest Winner Confirmation Request, PO Box 654, Social Circle, GA 30025-0654.

 

SPONSOR: Tilit NYC, Inc., 62 Allen St Floor 3, New York, NY10002.

 

ADMINISTRATOR: US Sweepstakes & Fulfillment Company, 625 Panorama Trail, Suite 2100, Rochester, NY 14625. 1-800-620-6044

 

Void outside the US, in Puerto Rico, and wherever else prohibited by law.